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HomeMy WebLinkAboutR-82-0454RESOLUTION IJO. 82-+454, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDED AGREEMENT BETWEEN THE LITTLE HAVANA DEVELOPME1,11T AUTHORITY AND THE CITY OF MIAMI FOR THE PROFESSIONAL SERVICES OF _ SAID AUTHORITY IN THE DEVELOPMRNT OF A LATIN QUARTER IN THE CITY OF MIAMI IIN ACCORDANTCE WITH THE. TERMS AND CONDITIONS AS SET FORTH TfieRFIN. 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 an additional year to complete the project; and WHEREAS, The TJ.S. Department of Commerce, economic Development Administration has revieered and approved the amended project schedule and budget; and 1414F,REAS, 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 0*' TuF CITY OF MIAMI, FLORIDA: 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. CITY COMMISSION MEETING OF MAY 2 7 1982 Kamm Ma.8��4,-5f9 m 0 2. These amendments shall he limited to Section II of the agreement, which shall now read as follows: "II. MAXIMUM COMPENSATION For the services provided under SECTION I, of this AGREEMENT, LHDA may he reimbursed for no more than $109,(�95.00." and to Section IV of the agreement, which shall rend as follows: "IV. TIME OF PERFORMANCE This AGREFMEIIT shall be deemed effective as of April 11, 1980. It will be deemed completed within four years of that date." All other terms and conditions of the agreement shall remain in full force and effect. PASSED AND ADOPTED this 1982. 27 day of MAY MAURICE A. FERRE MAT7RICF A. FERRE, MAYOR ATTEST: PREPARED AND APPROVED BY: alpG. Ongie, City Cle Deputy City Att rney APPROVED AS TO FORM AND CORRE ESS : --� George F. Knox, Jr., City Attorney e2i4S4. AMENDMENT An AtIENDMENT to a contract gated 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 purpose of providing professional services in conjunction with the execution of the Latin Quarter Program; and 11HEREAS, 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. ATTEST: CITY OF t1IA14I, a municipal corporation of the State of Florida - - - - - — ---- By_ -- — - -- Ralptv'G.) gngie City C i�%�__ l ,. W I�\T N E LIITNESS \ REVIEWED BY: BEATRIZ BRU " ASSISTANT CITY ATTORNEY owa v. uary IWMaMager LIT(` it'F�1 ,AVAUA )DEYIELOPMENT AUTHORITY By. la airman APPROVED AS �'O FORM AND CORRECTNESS: GEORf F. KNOX I JR. CITY ATTORNEY 82-454 / HE::ORA:IDU',1 OF AGREEMENT The City of Miami, hereinafter called the CIT'i, and the Little Havana Development Authority, lie re''inafter called LHDA, have entered into a Memorandum of Agreement this f t day of �(�! {�. 1930, as a basis of understanding to carry out activities for the Latin Quarter program funded by the Economic Development Administration. NOW therefore, the CITY and the LHDA, do mutually agree as follows: I. SCOPE OF SERVICES It is understood t1lat the LEDA will provide the following, services for the CIT'i in conjunction with the execution of the Latin Quarter program: The L11D.k will conduct regular Board meetings throughout the process to monitor implementation of the Latin Quarter progran and provide feedback on constraints and opportunities. Said Board meetings shall be reasonably noticed and opened to the public. The LNDA will provide secretarial services for the meetings of theit Board an:: the meetings of a joint City/County/LEDA Project Management Cc-..ittee designed to coordinate the im2lementation and manage- ment of the project. ' LEDA will provide data regarding business needs and the identification of business development opportunities within the Latin Quarter area. L11DA 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. LHDA will assist the CITY in preparation and review of thin Latin Quarter Development Plan. r s9-99 8254 II. HANI`;LIM CU:SPE +SATI,"N For the services provided under SECTION I, of this AGREEM-ENT, LHDA may be reinh>>rsed for no more than $75,000.00. III. 'IMT1UN) OF PAYMENT All payments shall be transmitted to the CI;f PROJECT DIRECTOR. Requests for payment to L11DA for in -mouse 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 LIIDA cash flow. IV. TD!E O This AGRE ESENT shall be deemed effective as of the date of signature of the Cite (tanager. It will he deemed completed within three years of this date. V. PERY0R_"!:,`:CE REnUIRF�!ENTS Responsibility for letting contract(s) and affirmative action requirements will be assumed by the LHDA. Any and all agree- ments entered into by the UIDA will adhere to all federal requirements and State laws, including the following: the Lead -Based Paint Poisoning Prevention Act, Clean Air Act, Federal Water 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 AGREE*.ENT become the property of the City of Miami. VI. ASSIGNABILITY 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 AGREE-4F.NT. None of the work or 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. Tile CITY shall review each contract or subcontract using EDA funds for compliance with federal regulations. 80-9c9 . O VII. RE^ORTINC, RFQ:TRF.!S:,TS i The Director of Public "or►:s for the Cit., of Mimi shill be the contract coordinator. Designated L11DA personnel shall keep the CITY inforned of their activities by: 1. participation in re-ular meetings of the 11,anabc�,ment Co:-nittee; 2. submitting monthly written progress reports on the pro iect; 3. ad hoc ccinmunication as necessary: on policy issues. VIII. AUDIT AND INSPECTIO`-S At any time during normal business hours, records shall be made available to the City Internal Audit or authorized representative, and representatives of the Federal Government to audit, examine and mat-e audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this AGrESMENT. Said documents and records shall be maintained by the agency not less than three (3) years after the termination of this AGREE VAT. I.K. A_X--- IN is `.TS The CITY and the LIM!. may, at their discretion, amend this AGL:Er" NT at any time to conform with anv contingencies which may require such amendment. Amendments, if requireed, shall be incorporated in writing to this AGREEMENT upon review, approval and execution by the parties hereto. , X. TEP.MII:ATICII This Memorandum of Agreement may be -te nninated by either party at any time upon submission of thirty (30)'days written notice if there I. 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 %Aierein the implementation of the contract is rendered impossible or unfeasible. -3- so-9f) XI. Cn':FLICT OF INTFFiEST 1. The Board covenants that no person under its employ who presently V..<<cises any functions or responsibiittles in connection with CO .`untied activities has any personil financial interests, direct or indirect, in this AGREEMENT. The Board further covenants that, in the performance of this AG RE "�IE;T, no person having such conflicting interest shall be em- ployed. Any such interests, on the part of the Board or its employees, n+ ;L be disclosed in writing to the CIT':. The LIMA, in the performance of this AGREEMENT, shall be sub- ject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by Federal, State or local government. X11. ASSURANCES k,D CFRT1FlCAT1e`:S 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 MUM receives funds under this AG'REE`IENT, and it will immediately take anv••rreasures necessary to correct anv such discrimination and to ensure that such discrimination cannot occur in the future. 2. The CITTi 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 whom they have family, business or other ties. With specific reference to this AGREDIEtIT: 1. L11DA will comply with Title VI of the Civil Rights Action of 1974, Title VIII of the Civil Ri�lits Act of 1968, and Executive Orders 11246 and 11046. 2. LHDA will comply with the provision of the liatch Act as amended January 1. 1975, Which limits the political activities of employees and incorporated herein by reference. 3. VIDA will comply with the Anti -Kickback Act, Title XV111, U.S.C. Section 874, and provisions of the Federal Labor Standards, Title XY.IX, and incorporated herein by reference, so-9s 82-454 4. Mli A .ill caapl,r with the regulations and requirements of the n"'lce, of Management and Budget Circular A-1022, "Uniform Administrative ...=,uirer7a!nts for Grant:, -in -;id to State and Local Goverr:^cnts" and «�er11 Man•tgmunt Circular 74-4. "principles for Determining Costs Applicable to Grants and Contracts with State and local Governments". X1II, S iG',:'.T(`RIrS IN WITNESS 1411KREOF, the Office of the City Manager and the i.ittic Havana Dcveloprunt Authority have entered into this AGP,E11F.""E";T as of the date first above written. �. Ai:L�i� >. CLEF: A/ W13NisSS A;i 0 AS ' h" CC7 1 V 7CTNE t : -- - - I- 1 7 , C1'I'1 ATTORNEY -S- C171 OF MIA"I, a nunitipal corporation of the State of Florida ;CITY 'M ""I GER ) Willie ,Gort, LITTLE Nyti':,;.A DEVELOP - MINT AUTHORITY 80-99 '" 454 uc,•rard V. Gary n,"'_1 ?� - City i�iannger Re Glut- �2; ^iztn ori,zin_, the City '-,anager to --xecu — 'he attach d Amen brient to the ri -reement bet:veen the Little Havana Development Authcr1ty and the City of Donald W. Cathe Mintmi dated April 11, 1980 Dire for of corks - (For. Commission "?feting The Department of Public Works recommends the adoption of the attached _^e olution authorizlnr, the City ",',an--,er to execute the attached amp-,n, "7, tC th,a ar-r"ment bet ,,een the 1, s-t_le '7 ^.t va na ..Ieve10-ment Authority and the C-ty of %iiami for the nrofessional ser,Tices of said Authority in thy= development of a Latin Q—arter in the Clty of .'7 ".' , i.r ?ccc rt1?nCit:-. `,hP tern?z and condi`:ions as set fc,rtIn therein. The City of Miami h accepted n grant a,•,,ar1 f'rol?1 i:!le 7,conomic Development Alm! III tration for ph- . ical imprc . ,,.ant. `.'or the proper,r�d Latin (�il«rter T'rcj ect.. The at`, ached re:,c "inn author)-, es you to ex—CL"to thn nr:nndment to t,h- -r�,� '_l,t s'(�» •�T' n' C�C1;7`�1 3 rv.ce?; . h'-2rn r`= ;C rev ,.gin: _... I1frM:^.. ,Lr �t , }�. ���SyC'i t� l '7r,r1(^: :rt' 0'mount for re-mtUr: The zecond, extend;, th-, tn»m of the for one year. The c^mplexity of th- project '??l(: 4,12i_' nr'd to the project Into more anr3 'lll'311_C'?" cola:"on'nt-5 to encourac.e T?linorlt , Contractor p3rtici ration ha,. rc,�qulred '1n nd,1117ionria ye•,,r to complete 1112o project. Funds for thi amendment ore avai I able from ti:e arprcpri3"od funds of the Latin Quarter F.P.A. pro'loot. J}i0: rj Resolution att,acheid 4 Be :, i(I1J1..,-.1 ii jlrf'I Ai ��61 J 82--454 CITY COMMISSION MEETING OE MAY 2 ? 19M VVi HcT-tavd V . Gary City Manager Donald W1. Cathe Dire for o Iorks I e-olutinTi !,.uthorizir--; the City ,1anap:er to ex,=c,_Tthe attaciaed Amendment to the apxeement bet!, -teen the Little Havana Develop,,ient Authority and the City of Miami dated April 11, 1980 (For Commission 7%—oting The Department of Public ?corks recommends the adoption of the attached resolution authorizing the City Man ;er to execu`e the attached amen ";er: t0 f i-a T �c l?iit betT-,een the Little `rava.na Developm.en`- Authority and the City of %Iiami for the professional services of said Authority in th-= development o *' a Latin Quarter in thA Cite of i. iani, in accor', nce :tit.. the termz and conditions as set Forth. therein. The City of Miami has accepted n [,-rant award from the economic Development Administration for phi sical imrro%l,-�ments "or the propos: ,d Latin Quarter Project. The attached resolution author-17es You 4.o, exrct te t :imendr,,ent to t, z ai7reement fcr;_r serviced. TIit-:ter;- ar- t:;c rr-vi:_:n.--. T:. _'ir-z` LIB'r�?�SE'S the , amount elig-lb-1e for re iItlt:'urse-.ent tl�� `1Il3'inr$ ft'O^1 ti�!r,000, t0 $109,69;. The second, extend^ tht to-m of the a^reement for one year. The exity of the project anrll t!Te nand to d:isas-etnl,le the project into more and mall.er components to encouraETe minOri.t ll eent:ractor part ici.p: tion ha: required. an ndditional year tc,, coml,lete the project. Fun,]s for thi amendment are available from the appropriated funds of the Latin Quarter F.D.A. project. JIIO:rj Resolution att,ache3 � r v C h: 8 IN 1 Z edV Z8, 827454 /N1►, PROJTCT "11A11'?E AI'll D L0r A7nT 0'; P AnT r-^-, ��t� ,y- r'I— %TA�iL(-i^D LATIPI WTJAP,,TEP, E . D . A . GRA'IT PROJECT 110. 04-01-18017 B-5143 (N-1.1. 1 Street to S.W. 9 Street, and 0). G1. 12 Avenue to 17 Avenue) . PROJECT SCOPE - Construct sidewalk, street and drainage improvement^., tree planting, decorative li��htin; and street furniture in the Little Havana area to further the Latin Quarter concert of encourag-.nr; tourism and econo-ml dot: el orment . GRA;IT Economic revelopment Adr,_ni tration, Title I Gran` of the lm e„ of i2,0O�,000 or FO percent of t',e act.ial cost of the project 11:132 received and- accented on September 27, 1979, by Resolution 'do. 7P-h73. AC' -"Tr',,!.' TO BF. - Due to the complexity of the project and TAKF?: thc, need to dlsnF; se?7ble the project into ;pore comronents to minority tr:ere i^ Z ncerd to ext- ,-1 for 7. 1'o"es:- lon2l t,I- 7it�le ??:..^n.� De'relo=ent Authorit ,? for nn additional. 1 yeor period . Accord1.nr_;1;17, funding for the L.".,). A. 's .orriceo also reauires an increase of ._ , T,E!1 ;I'" m�, RF. - Tho City w ll conti.n-_iA to receive the LT"E professional services as outlined in the orif;inal nr,ree-mont for can nddi.tional year and throuCh complot ion of the project. 92--454 �/ Y S'