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HomeMy WebLinkAboutR-82-0446RESOLUTION NO. 82-446 A RESOLUTION ALLOCATING THIRTY ONE THOUSAND DOLLARS $31,000.00 OF SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE ALLAPATTAH MERCHANTS ASSO- CIATION FOR THE PURPOSE OF ASSISTING THE ORGANIZATION IN SPONSORING A COM- MERCIAL FACADE TREATMENT PROGRAM; AND FURTHER, AUTHORIZING THE CITY. MANAGER TO ENTER INTO AN AGREEMENT, IN ESSEN- TIALLY THE FORM ATTACHED HERETO, WITH SAID COMMUNITY BASE ORGANIZATION FOR A PERIOD OF ONE YEAR. WHEREAS, this program was approved in the Seventh Year Community Block Grant Application by Resolution No. 81-110; and WHEREAS, the proposed facade treatment program is a component of a comprehensive commercial revitalization pro- gram formulated for the area by the Allapattah Merchants Association of the City of Miami and Dade County; and WHEREAS, eligibility for assistance will be for those businesses located in the area bounded by Northwest 36th Street on the north, Northwest 28th Street on the south, Northwest 12th Avenue on the east and North 27th Avenue on the west; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Thirty One Thousand Dollars ($31,000.00) of Seventh Year Community Development Block Grant Funds are hereby allocated to the Allapattah Merchants Association for the purpose of assisting the organization in sponsoring a commercial facade treatment program. Section 2. The City Manager is hereby authorized to enter into an agreement, in essentially the form attached hereto, for a period of one year with said Community Base Organization. CITY COMMIES ON MEEnNG OF MAY?, 1 1982 P. PASSED AND ADOPTED this 27 day of ATTEST: qat1pIhfCG- Ongie 'y lerk PREPARED AND APPROVED BY: 0 1 E. Maxwe 1 sistant City Attorney MAY , 1982. MAURICE A. FERRE Maurice A. Ferrel Mayor APPROVED AS TO FORM AND CORRECTNESS: GKnox, Crney 82-44s', 2 r MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. INTRODUCTIC'N DEFINITIONS SCOPE OF SERVICES MAXIMUM COMPENSATION METHOD OF PAYMENT TIME OF PERFORMANCE SOLICITATION REPORTING REQUIREMENTS GENERAL UNDERSTANDING TERMI:;ATI CN CONFLICT OF INTEREST INDEPENDENT CONTRACTOR AWARD 0:' AGREEMENT NON-DELEGABILITY CONSTRUCTION OF AGREEMENT SUCCESSORS AND ASSIGNS AUDIT RIGHTS INDEMNIFICATION AMENDMENTS WORK PROGRAM SIGNATORIES . 82-446. t e MEMORANDUM OF UNDERSTANDING The City of Miami and the Allapattah ".'erchants Association have entered into this Memorandum of Understanding this day of , 1982, as a basis of understanding to carry out the facade treatment component of the comprehensive commercial revitalization program formulated for the area by the Allapattah Merchants Association, the Cite of Miami and Dade County. Now, therefore, the City of Miami and the Allapattah Merchants Association do mutually agree as follows: I. - DEFINITIONS CITY ------------------ City of Miami CD ------------------ Cormunity Develcpment DCD------------------ Department of Community Development ASSOCIATION ---------- Allapattah Merchants Association II. - SCOPE OF SERVICES It is understood that the Association will enter into a building -painting agreement with merchants and/or owners to provide services within the constraints of the budget. The Association will have the responsibility to review and approve the design, color scheme, signage and other programmatic details and will develop a priority list for buildings to be painted. MAXIMUM COMPENSATION For the services provided under Section II, the total budget is $31,000.00, and in no event shall the CITY or DCD expend more than $31,000.00. Financial resources are available from DCD. The $31,000.00 is matched by participating merchants (70% City, 30% merchants). The maximum amount per building is $2,000.00 from ` DCD funds. None of the $31,000.00 will go toward administrative salaries. 2. IV. - METHOD OF PAYMENT In consideration of the undertaking and agreement on the part of the Association contained in this Agreement, the DCD agrees to make payments to the contractors upon completion by the contractor i of services to be provided hereunder and submission to DCD of prop- erly certified invoices. V . - TIME OF PERFOFU-LANCE This Agreement shall be deemed effective as of the date of signature. It will be deemed completed within one year. VI. - SOLICITATION The Association shall solicit bid proposals in accordance with the CD rules and regulations 570.507 and Procurement Standard 0,IB Circular A102. (Attachment IV). VII. - REPORTING REQUIREMENTS Designated Association personnel shall keep the DCD informed of their activities by: 1) Preparing a completion schedule for the projects. 2) Submitting Monthly Progress Reports on the project as required by DCD. VIII. - GENERAL UNDERSTANDING It is understood that this is a commercial pilot program for a designated area. This project is bounded by N.W. 36th Street on the north, N.W. 23th Street on the south, N.W. 12th Avenue on the east, and N.W. 27th Avenue on the west. It is also understood that any unused city funds will not be programmed for any other component of the comprehensive commercial revitalization program but will be returned to the CITY. 82,-446, -3- f f IY. - TERMINATION The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, 30 days' notice of termination of i this Agreement shall be in writing to the ASSOCIATION who shall be paid for all WORK performed prior to the date of this receipt of the notice of termination. In no case, however, will the CITY pay the ASSOCIATION an amount in excess of the total sum provided by this Agreement. It is hereb% understood by and between the CITY and the ASSOCIATION that any payment made in accordance with this Section to the ASSOCIATION shall be made only if said ASSOCIATION is not in default under the terms of this Agreement. Such default shall consist of, but not limited to: a) Ineffective or inproper use of funds; or b) Failure to comply with terms of this Agreement; or c) Submittal of incorrect or incomplete reports; or d) Any occasion wherein the implication of the contract is rendered impossible or unfeasible. If the ASSOCIATION is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to the ASSOCIATION any sum whatsoever. The ASSOCIATION may terminate this Agreement upon submission of thirty (30) days' written notice to the CITY. X. - CONFLICT OF INTEREST The ASSOCIATION covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, in this Agreement. The ASSOCIATION further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of the ASSOCIATION or its employees, must be disclosed in writing to the CITY. The ASSOCIATION, in 4. 82'-446; IX. - TERMINATION The CITY retains the right to terminate this Agreement at any time prior to the completion of the WORK without penalty to the CITY. In that event, 30 da::s' notice of termination of r this Agreement shall be in writing to the ASSOCIATIONS who shall be paid for all WORK performed prior to the date of this receipt of the notice of termination. In no case, however, will the CITY pay the ASSOCIATION an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the ASSOCIATION that any payment made in accordance with this Section to the ASSOCIATION shall be made only if said ASSOCIATION is not in default under the terms of this Agreement. Such default shall consist of, but not limited to: a) Ineffective or improper use of funds; or b) Failure to comply with terms of this Agreement; or c) Submittal of incorrect or incomplete reports; or d) Any occasion wherein the implication of the contract is rendered impossible or unfeasible. If the ASSOCIATION is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to the ASSOCIATION any sum whatsoever. The ASSOCIATION may terminate this Agreement upon submission of thirty (30) days' written notice to the CITY. X. - CONFLICT OF INTEREST The ASSOCIATION covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interest, direct or indirect, in this Agreement. The ASSOCIATION further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of the ASSOCIATION or its employees, must be disclosed in writing to the CITY. The ASSOCIATION, in r V 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. XI. - INDEPENDENT CONTRACTOR The ASSOCIATION and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified or unclassified employees; further, they shal not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. XII. - AWARD OF AGREEMENT The ASSOCIATION warrants that it has not employed or retained any company or persons to solicit or secure this Agreement and that it has not paid, offered to pay, or agreed to pay any person or company any fee, commission, percentage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. The ASSOCIATION is aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida Statutes, and agrees that it will comply fully in all respects with the terms of said laws. xiii - NON-DELEGABILITY It is understood and agreed that the obligations under- taken by the ASSOCIATION pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such services or any part thereof by another person or firm. 5. 82--446; [AW O XIV. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. XV. - SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. XVI. - AUDIT RIGHTS The CITY reserves the right to audit the records of the ASSOCIATION at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. XVII. - INDEIMNIFICATION The ASSOCIATION shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the ASSOCIATION'S activities under this contract, including all other acts or omissions to act on the part of the ASSOCIATION or any of them, including any person acting for or on his or their behalf. XVIII. - AMENDMENTS The CITY may it its discretion, amend the Agreement to conform with changes in applicable City, County, State and Federal laws, directive, guidelines and objectives. No amend- ments to this Agreement shall be binding on either party unless in writing and signed by both parties. Such amendments shall be incorporated as part of this Agreement upon review, approval and execution by the parties hereto. 6. 82-446: A WORK PROGRAM A description of the Contractor's Work Program Specifications is attached, hereby incorporated and made part of this Agreement. XX. SIGNATORIES In witness whereof, the City of Miami and the ALLAPATTAH MERCHANTS ASSOCIATION have entered into this Agreement as of the date first above written. Howard V. Gary Cit% Manaaer Ralph G. Ongie City Clerk APPROVED AS TO FORM & CORRECTNESS: George F. Knox, Jr. City Attorney President Allapattah Merchants Association WITNESSESS : ' 82-4 46. 7. 46;' Howard Gary City Manager Dena Spillman Director Community Development April 27, t982 Request for Approval to imple- ment Allapattah's Facade Treatment Program City Commission Agenda - May 13, 1982 u� IT IS RECOMMENDED THAT A RESOLUTION BE APPROVED, ALLOCATING $31,000 OF SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE ALLAPATTAH MERCHANTS ASSO- CIATION FOR THE PURPOSE OF ASSISTING THE ORGANIZATION IN SPONSORING A COMMERCIAL FACADE TRATMENT PROGRAM; FURTHER, AUTHORIZING THE CITY MANAGER c TO ENTER INTO AN AGREEMENT WITH SAID COMMUNITY BASED ORGANIZATION. cn The Seventh Year Community Development Block Grant Application contains a Facade Treatment Program to be sponsored by the Allapattah Community Based Organization. Thirty-one thousand dollars was allocated and ap- proved in the application for this purpose. Eligibility for assistance will be for those business located in the area bounded by N.W. 3bth Street on the north, N.W. 28th Street on the south, N.W. 12th Avenue on the east and N.W. 27th Avenue on the west. The thirty-one thousand dollars that was approved for facade treatment will be matched by participating merchants (70% City, 30% merchants). The maximum amount per neighborhood building is $2,000 from Community Development funds. The Facade Treatment Program will be administered by the local (CBO) in the Allapattah Merchants Association. None of the $31,000 will be used for administration. The program is designed to be completed within one year. DS:cr cc charlotte Gallogly, Director Economic Development 82-446; I