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HomeMy WebLinkAboutR-82-0823• RESOLUTION NO. 82 -823 RESOLUTION ALLOCATING $114,492 OF COMMU- NITY DEVELOPMENT BLOCK GRANT FUNDS TO METROPOLITAN DADE COUNTY FOR THE ADMINIS- TRATION OF CERTAIN CITY OF MIAMI COM- MUNITY DEVELOPMENT ACTIVITIES PERFORMED BY THE DADE COUNTY DEPARTMENT OF ROUSING AND URBAN DEVELOPMENT ON BEHALF OF THE CITY FOR THE CONTRACT PERIOD WHICH COM- MENCED JUNE 16, 1982 AND EXPIRES JUNE 15, 1983; FURTHER, AUTHORIZING THE CITY MAN- AGER TO ENTER INTO AN AGREEMENT, IN ES- SENTIALLY THE FORM ATTACHED HERETO, WITH METROPOLITAN DADE COUNTY FOR THIS PURPOSE. WHEREAS, Metropolitan Dade County has agreed to provide the City of Miami with certain administrative services in connection with the implementation of the City's Community Development programs; and WHEREAS, Metropolitan Dade County's Department of lious- ing and Urban Development has been providing these adminis- trative services to the City on an ongoing basis; and WHEREAS, $114,492 has been determined to be an equit- able amount for the administrative services provided for the Block Grant program. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. $114,492 of Community Development Block Grant funds is hereby allocated to Metropolitan Dade County administrative services provided to the City by Dade County Department of Housing and Urban Development in connection with the Community Development Block Grant program. Section 2. The City Manager is hereby authorized to enter into an agreement, in essentially the form attached hereto, with Metropolitan Dade County for the period com- mencing June 16, 1982, and ending June 15, 1983, for the aforementioned purpose. PASSED AND ADOPTED this 9 day of SEPTEMBER , 1982. T: MAURICE A. FERRE 14AURICE A. FERRE, Mayor RALP G. ONGIE, City Cle LEGEVIEW: AL ') F. %► �"o EL E. MAXW LL Assistant City Attorney APP OV D AS TO FORM AND CORRECTNESS: OSE R. GARCIA-PEDROSA City Attorney 82-823 7 +A I -j;� CITY OF MIAMI, FLORIDA 45 INTER -OFFICE MEMORANDUM TO Howard V. Gary DAIS FILE City Manager August 20, 1982 SUBJE CDade County HUD Memorandum of Understanding for Community krJ Development Activities FROM Dena Spillman, Director REFERENCES - Community Development City Commission Agenda September 9, 1982 ENCLOSURES It is recommended that a Resolution be approved, authorizing the City Manager to allocate one hundred and fourteen thousand four hundred and ninety-two dollars ($114,492) of Community Development Block Grant funds to Metropolitan Dade County for the administration of certain City of Miami Community Development activities performed by Dade County Department of Housing & Urban Devel- opment on behalf of the City, for the contract period which commenced on June 16, 1982, and expires on June 15, 1983. Further authorizing the City Manager to enter into an agreement in essentially the form attached hereto, with Metropolitan Dade County for this purpose. 'J w The Metropolitan Dade County Department of HUD has agreed to perform certain administrative activities for the City of Miami Department of Community Development. These activities are to be performed during the period of June 16, 1982 and June 15, 1983. They are the acquisi- tion of land in Phase II of the Garment Center Project including relocation, property management and demolition as well as the reloca- tion assistance for the Little Havana Lummus Park Neighborhood Strategy Area, Section VIII substantial rehabilitation program. The cost for each project is $103,633 and $10,859, respectively. The administrative activities have been provided to the City on an ongoing basis. The attached Memorandum of Understanding between the City of Miami and Metropolitan Dade County has been designed to ensure proper implementa- tion of these activities and comply with the U.S. Department of HUD, Jacksonville Area Office. Attcr Attachment 82-823 CITY OF MIA,"III/,dETP.OPOL1 ,U4 DADE COUNTY "rffi:�SORADJD(:i OF LT.IDEPS IIt"I NG PROVIDING COMMUNITY DEVELOPMENT FUNDS FOR ADMINIST MTION OF ACTIVITIES PERFORMED BY DADE COUNTY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON BEHALF OF THE CITY OF MI1A?TI' S COMMUNITY DEVELOPMENT PROGRAM THIS AGREE1•IENT made and entered into this day of by and between the City of Miami, (hereinafter referred to as "THE CITY,") and :Metropolitan Dade County, (here- inafter referred to as "THE COUNTY,") both of whom understand and agree as follows: ,WHEREAS, the parties hereto have the common power within their jurisdictions to carry out the activities spelled out in this Agreement, and WHEREAS, both parties are agreeable to carrying out the activities and/or services identified under the terms and condi- tions hereinafter set forth; NOW, THEREFORE, THE CITY AND THE COUNTY DO MUTUALLY AGREE AS FOLLOWS: CrrmTnM T DEFINITIONS: CITY - City of Miami COUNTY - Metropolitan Dade Oounty CD _ Community Development OCED - Dade County Office of Community and Economic Development CCD - City of bliami, Community Development Department COMMITTEE - Director, CCD and Director, DCHUD and their respective designees. DCHUD - Dade County Department of Housing and Urban Development PLANS - Redevelopment Plans for individually specified Community Redevelopment. 1. 82-823 SECTION II. SCOPE OF SERVICES: It is understood that the CITY and COUNTY will carry out the following activities to implement this Agreement: A. Land Acquisition The following activities will be undertaken by the parties indicated for land acquisition. COUNTY staff shall obtain tax printcuts from the appropriate COUNTY office, then select and contract for appraisals. After receiving appraisals, DCHUD staff shall review appraisals and determine whether there are sufficient • funds to cover the cost of all encumbrances that might be incurred by the acquisition of these properties. If there are sufficient funds to acquire all of the appraised property, DCHUD shall submit the matter to the Committee for determination. The Committee can recommend either elimination of certain parcels from further consideration, or an increase in the allocation of project. COUNTY staff would then prepare the recommendation for setting just compensation for presentation to the County Commission. DCHUD shall submit copies of all related agenda items to CCD for their review at the same time as submission to the County Commission. Offer lettersandrelocation statements would be sent to property owners by COUNTY staff in accordance with the just com- pensation as approved by the County Commission. When an agreed price cannot be negotiated with an owner, DCHUD will determine whether there are sufficient funds to cover the addi- tional cost that might be incurred through the eminent domain process. If sufficient funds are available, DCHUD could proceed. Otherwise, s 2. 82 -823 DCHUD shall submit the matter to the Committee for determination. The Committee shall recommend either legal action to acquire the property or its deletion from the acquisition plan. If legal action is taken, both the CITY and the COUNTY agree to provide a pro-rata share of all costs of said lea--. action, in accordance with their respective original allocations. All acquisition whether by negotiation or legal action shall be done in accordance with all federal regulations. B. Family & Business Relocation DCHUD will implement all re:lvc-ation activities in accordance with federal requirements. Dade County HUD will provide relocation assistance for CCD's acquisition projects and the Little Havana;Lumsnus Park Neighborhood strategy area, Section VIII substantial rehabilitative program. Monthly reports shall be submitted giving the status of relocation cases. C. Property Management DCHUD shall maintain and manage properties acquired until they have been disposed of, and shall keep the acquired lots free and clear from _ trash, the landscape areas cut and trimmed, (lawns shall be maintained at a maximum height of five inches). D. Demolition DCHUD shall bid out all demolition contracts in accordance withlocal and federal regulations. Prior to bidding demolition contracts, DCHUD shall request written authorization from CCD to demolish specific property improvements. Any program income derived from the sale or disposi- tion of fixtures located on the property shall be deemed deducted from the cost of demolition. 3. 82-823 The COUNTY would carry out land disposition for parcels intended for residential reuse in accordance with the adopted plan and all local and federal requirements. The CITY shall have the power to dispose of property intended for non-residential use. The determination of reuse shall be in accord- ance with the adopted plan. DCHUD sha.Ll obtain surveys, opinion of title for plats, and develop new plats with legal descriptions in accordance with CITY plans. DCHUD shall select and contract for the necessary reuse appraisals, receive the appraisal and review it with the CITY staff. DCHJD shall update the abstract, obtain title binder, if necessary, correct title defects and ensure that deeding of the property is to the appropriate entity. DCIIUD shall prepare the disposition documents which would be reviewed by CCD for both form and correctness and the content of the reuse controls. The reuse price and the final disposition docu- ments for residential reuse properties must be approved by the County Commission prior to disposition action. For non-residential reuse properties the disposition documents must be approved by the City Commission. For residential reuse properties, the DCHUD would advertise for developer proposals. CCD would assist the DCHUD in reviewing proposals. DCHUD would make the final recommendation to the County Commission regarding developer selection. The County Commission shall approve final selection of the developer, following which DCHUD would develop, negotiate, and enter into a contract with the selected developer. Although this is a re -statement of policy, the respective roles of the CITY and COUNTY in disposi- tion must be reflected in a delegation of power to be 4 82-823 0 P acarcved by the BIcard _-f Ca,:nt C,....^issioners in con- nection with a soeciiic n1an. The Count-,- Co :,ission has appro••.ed this concept by its endorsement of the Count_: Manager's Report dated Jul., 17, 1979, entitled, "Redevelopment with the City of Miami." The COUNTY will provide the CITY :with all servicos ne,:essar,: to comply with the Fair Housing All _::DE'^.S�'S rC lat�tl to 3CC :iS i t4 4= , re 1CC it 1 0n r disposition and-iemciition in e cess )f 315,000 shall be submitted as soon as possible to the CI-.' ,:or direct payment by the CITY. Costs incurrod, if less than $5 , 000 , shall be pair: by the COL:iT': , any: the COUNTY will bill the CITY periodicail•; 1"cr reir.,bursement. E. Pror,erty Incor,3 DCH 0 shall rercrt to the CITY all incc ^e dAr er from the operation of properties purchased using CITY funds, in accordance with the provisions of Section V. Income derived fro.,, the sale of property shall be returned to the CITY in the same proportion as the CITY contributed to the acquisition. 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 SERVICE COMPENSATION 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 fourteen thousand, four hundred and ninety- two dollars ($114,492) for administr ation of the program. Administration being defined as salary costs, fringe bene- fits, overhead and indirect costs for DCHUD. 5. 82-823 a SECTION V. METHOL OF PAYMENT: Upon execution, a cop;: of this Agreement will be filed with the CITY and COU-NTY offices of Finance in order to establish the maximum level against which the party carrying out the activity may charge Administrative Services. Vouchers for payment should be prepared by the -3arty ca-rying out the activity and submitted to the funding part,: when r_artial payment for Administrative Services provided are required in the course of implementinc the activities in Section II, not to exceed the Maximum Ser•.-ice Com- pensation in Section IV. SECTION VI. AUDITS AND INSPECTIONS: At any time during normal business hours and as often, as the CITY, U.S. HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available 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 contract and the Agency 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 contract. The CITY reserves the right to require the COUNTY to submit, at the request of the CITY, to an audit by an auditor of the City's choosing. The cost of said audit shall be borne by the COUNTY. Said documents and records shall be maintained by the Agency no less than three (3) years after the termination of this Agreement. SECTION VII. CONFLICT OF INTEREST: The CITY and COUNTY covenant that no person under its employ who presently exercises any functions or responsibilities in connec- tion with CD funded activities, has any personal financial interest, 6. 82-823 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 emoloved. SECTION VIII. TERMINATION: T',is Memoran_:um of Agreement may be terminated by either party at any time upon submission of thirty (30) days' written notice if there is: a. Ineffective or improper use of funds; b. Failure to comply with the terms of contract; C. Chronic submittal of incorrect or incomplete reports. d. Occasion wherein the implementation of the contract is rendered impossible or unfeasible. The City :Manager for the CITY, and the County Manager for the C=NTY, shall make the determination whether there is suffi- cient cause to terminate this Agreement. SECTION IX. ASSURANCES & CERTIFICATIONS: a. 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 discri- mination under this Agreement and will immediately take any measure necessary to correct any such discrimination and to insure that such discrimi- nation cannot occur in the future. b. The parties will comply with the Housing and Community Development Act of 1974, as amended, Section 109 of Title VI, of the Civil Rights Act of 1974, Title VII of the Civil Rights Act of 1968, 7 82-823 4 0 Executive Orders 11046 and Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303 (E)(1) attached). C. The parties will comply with the provisions of the Hatch Act as amended January 1, 1975, which limit the political ac`4.vity of employees. d. The parties will establish safeguards to prohibit employees from using their positions as 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 families, business or other ties. e. The parties will comply with the following federal regulations as they may apply to this project. The regulations are incorporated herein by reference: Flood Disaster Protection Act of 1973 (P.L. 93-234) HUD Lead -Based Paint Regu- lations, 24 CRF 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. Non -Discrimination Under Title VI of the Civil Rights Act of 1965. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SECTION X. AGREEMENT DOCUMENTS: The parties hereto agree and understand that the following list of documents constitute and shall be hereafter referred to as part of the Memorandum of Understanding: A. Guidelines for applicants on Equal Employment Opportunity Community Development Block Grant. 82-823 B. U.S. Department of Housing & Urban Develop- ment Notice CPD-75-4 (Annual Report on Relocation and Real Proaerty Acquisition Activities from HUD-7083). C. U.S. Department of Housing & Urban Develop- ment :Notice (Request for U.S. Department of Labor wage Pate Deterrr.i nation) . D. Office of Manaaement & Budget Circular A-102, "Uniform Administration require- ments for grants-in-aid to State and Local Governments" to Community Development Block Grants. D. Circular A-102 Princit)les -"or determininc cost applicable tc grants and contracts with State and Local Governments. E. Dade Count, Community Development Block Grant Program Affirmative Action Plan. IN WITNESS WHEREOF, the foregoing parties have executed this Memorandum of Understanding this day of , 198 RALPH ONGIE, City Clerk RICHARD P. BRINKER County Clerk APPROVED AS TO FORM AND CORRECTNESS: JOSE GARCIA-PEDROSA City Attorney HOWARD V. GARY, City Manager (Seal) M.R. STIERHEIM, County Manager APPROVED AS TO FORM AND CORRECTNESS: ROBERT A GINSBURG County Attorney 9. 82-823