HomeMy WebLinkAboutR-82-0415I # 0
RESOLUTION N0, 8 2- 4 1 5
RESOLUTION ALLOCATING $162,500 OF COMMU-
NITY DEVELOPMENT BLOCK GRANT FUNDS TO
METROPOLITAN DADE COUNTY FOR THE ADMINI-
STRATION OF CERTAIN CITY OF MIAMI COM-
MUNITY DEVELOPMENT ACTIVITIES PERFORMED
BY DADE COUNTY DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT ON BEHALF OF THE CITY
FOR THE CONTRACT PERIOD WHICH COMMENCED
JUNE 16, 1981 AND EXPIRES JUNE 15, 1982;
FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, IN ESSENTIALL
THE FORM ATTACHED HERETO, WITH METROPOLI-
TAN 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
Housing & Urban Development has been providing these admini-
strative services to the City on an ongoing basis; and
WHEREAS, $162,500 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. $162,500 of Community Development Block
Grant funds is hereby allocated to Metropolitan Dade County
for administrative services provided to the City by Dade
County Department of Housing & Urban Development in connec-
tion 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 commencing June 16, 1981, and ending June 15,
1982, for the aforementioned purpose.
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MEEMW OF,
MAY 1 1 19U
82-41
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PASSED AND ADOPTED this lath day of
ATTEST:
O
RA ���'• �../
G.ONGIE
City Clerk
BUDGETARY REVIEW:
MANO R S. SURANA, Director
Dept. of Management & Budget
LEGAL REVIEW:
7
9L E. MAXWELL
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS
J.
GEORGE F. KNbX, JR.
City Attorney
May , 1982.
Maurice A. Ferre
MAURICE A. FERRE, Mayor
2
82-415
CITY Orr.ilAr.1.I, FLORIDA '
42 IP17ZRAIF ICE :1h11C7R:,i`I�U`1 _
TO Howard V. Gary
City Manager
FROM Dena Spillman
Director
Community Development
„T:- April 26, 1982 I„1�
City/County Agreement
of Understanding
REFERE•NCES.City Commission Agenda -
May 13, 1982
ENCLOSURES:
It is recommended that the attached
two resolutions be approved by the
City Commission allocating $350,000
-= ..
of Housing Bond funds to Metropolitan
Dade County for the administration of
the public housing scattered site pro-
:.
�=
gram, and $162,500 of Community
Development Block Grant funds for the
administration of certain Community
Development activities; further
authorizing the City Manager to enter
into two contracts for these purposes
C.,J
with Metropolitan Dade County for the
q
period which commenced June 16, 1981
and expires June 15, 1982.
In implementing its Community Development Block Grant and Public
Housing Scattered Site programs, the City has found it necessary
and desirable to contract with Metropolitan Dade County for ad-
ministrative services in connection with the undertaking of
certain project activities. These include family and business
relocation services, land acquisition services, property manage-
ment, site clearance administration, land disposition administration
and fair housing. In addition, Dade County provides the City of
Miami with assistance in the planning and administration of redevel-
opment plans necessary for the implementation of CDBG assisted
neighborhood improvement programs, as required.
On June 15, 1981, the funds allocated for Dade County HUD adminis-
tration expired under the sixth year Agreement of Understanding.
Since that time they have acquired approximately one million dollars
worth of land on behalf of Community Development and are continuing
with our acquisition projects in Overtown and the Garment Center.
They are providing disposition assistance for the City's second
mortgage UDAG grant, general maintenance of the parcels that have
-,
82-415
Howard V, Gary
4/26/82
page 2
been acquired under Community Development, as well as relocation
assistance for our acquisition projects and the Little Havana/
Lummus Park Neighborhood Strategy area, Section 8 substantial
rehabilitation program.
In addition, through subcontract the County will provide the City
with all services necessary to comply with the Fair Housing Act.
For these reasons we recommend entering into contract with Metropo-
litan Dade County for the sum of $162,500 to administer Community
Development activities performed by Dade County HUD.
Dade County HUD, under the Public Housing Scattered Site program,
has been providing technical assistance in the planning and selec-
tion of approximately 180 sites throughout the different neighbor-
hoods. Dade County HUD has incurred extraordinary staff costs in
locating project development sites and attending meetings in the
various neighborhoods. For each site selected, approximately three
(3) other sites had to be inspected and information gathered and
reviewed.
Approximately 1.1 million dollars has already been spent in the
acquisition of forty-eight (48) sites in Allapattah, Buena Vista,
and Wynwood, and an additional thirty-one (31) sites are expected
to be acquired before the end of the year. For these reasons we
recommend entering into contract with Metropolitan. -Dade County for
the sum of $350,000 to administer the public housing scattered site
program during the period June 16, 1981 through June 15, 1982.
/cr
Attachments
cc; Mel Adams, Director
Dade County HUD
82-415
? CITY rAMIAMI/METROPOLITAN DADE f&NTY
MEMOR. UM OF UNDERSTANDING PROM NG
COMMUNITY DEVELOPMENT FUNDS FOR
ADMINISTRATION OF ACTIVITIES PERFORMED
BY DADE COUNTY DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT ON BEHALF OF
( THE CITY OF MIAMI'S COMMUNITY DEVELOPMENT PROGRAM
THIS AGREEMENT made and entered into this day of ,
by and between the City of Miami, (hereinafter referred to as "THE
CITY"), and Metropolitan Dade County, (hereinafter 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 as identified under the terms and conditions
hereinafter set forth;
NOW, THEREFORE, THE CITY AND THE COUNTY DO MUTUALLY AGREE AS FOLLOWS:
C"nmTnwT r
DEFINITIONS
CITY
City of Miami
COUNTY
Metropolitan Dade County
CD
Community Development
OCED
Dade County Office of Community and Economic Development
CCD
City of Miami, Community Development Department
nnwA1A r MM""
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
Areas
S2-415
SECTION II
SCOPE OF SERVICES
It is understood that the City and County will carry out the following
activities to implement this Agreement:
1) Land Acquisition
The following activities will be undertaken by the parties
indicated for land acquisition. County staff shall obtain
tax printouts 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 letters and
relocation statements would be sent to property owners by
County staff in accord with the just compensation 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
additional cost that might be incurred through the eminent
domain process. If sufficient funds are available, DCHUD
could proceed. Otherwise, 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 legal action, in accordance with their
respective original allocations.
-2-
82-415
All acquisito, whether by negotiation o legal action shall
be done in accord with all federal regulations.
2) Family & Business Relocation
DCHUD will implement all relocation activities in accordance
with federal requirements. Dade County HUD will provide
relocation assistance for CCD'S acquisition projects and
the Little Havana/Lummus Park Neighborhood strategy area,
Section VIII substantial rehabilitative program. Monthly
reports shall be submitted giving the status of relocation cases.
3) 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).
4) Demolition
DCHUD shall bid out all demolition contracts in accord with
local 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 disposition of fixtures located on the
property shall be deducted from the cost of demolition.
5) The County would carry out land disposition for parcels intended
for residential reuse in accord 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 with the adopted plan.
DCHUD shall obtain surveys, opinion of title for plats, and
develop new plats with legal descriptions in accord with City
plans. DCHUD shall select and contract for the necessary reuse
appraisals, receive the appraisal and review it with the City
staff. DCHUD shall update the abstract, obtain title binder, if
necessary, correct title defects and ensure deeding of the
property is to the appropriate entity.
DCHUD shall prepare the disposition documents which would be
reviewed by CCD for both form and correctness and the content
of the reuse controls.
-3- 8 2- 4 15
The reuse prOpe and the final dispositiu.. documents 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 restatement of policy, the respective roles
of the City and County in disposition must be reflected in a
delegation of power to be approved by the Board of County
Commissioners in connection with a specific plan. The County
Commission has approved this concept by its endorsement of the
County Manager's Report dated, July 17, 1979, entitled
Redevelopment with the City of Miami.
6) The County will provide the City with all services necessary
to comply with the Fair Housing Act.
7) All expenses related to acquisition, relocation, disposition
and demolition in excess of $5,000 incurred by the County on
behalf of the City shall be submitted as soon as possible to
the City for direct payment by the City. Costs incurred if
less than $5,000 shall be paid by the County, and the County
will bill the City periodically for reimbursement.
8) Property Income
DCHUD shall report to the City all income derived from the
operation of properties purchased using City funds, in accord
with the provisions of Section V. Income derived from the
sale of property shall be returned to the City in the same
proportion as the City contributed to the acquisition.
-4-
82-415
SECTION III
j TIME OF PERFORMANCE
This Agreement shall be deemed effective as of June 16, 1981 and deemed
completed on June 15, 1982.
SECTION IV
MAXIMUM SERVICE COMPENSATION
For the services provided under Section II of this Agreement, it is
understood and agreed that CCD will pay DC, HUD an amount not to exceed
one hundred and sixty -two -thousand -five -hundred dollars ($162,500), for
the administration of the program, of which twelve -thousand -five -hundred
($12,500), are specifically for the Fair Housing Program.
Administration being defined as salary costs, fringe benenfits, overhead
and indirect costs for DCHUD.
CWr'T+TnM 17
METHOD 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 Administrative
Services. Vouchers for payment should be prepared by the party carrying -
out the activity and submitted to the funding party when partial payment
for Administrative Services provided are required in the course of
implementing the activities in Section II, not to exceed the Maximum
Service Compensations 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
-5- 8 2, --4 15
r
i
.the Comptroller Gene 00t to audit, examine and ma� 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 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 connection
with CD funded activities, 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 employed.
SECTION VIII
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) Chronic submittal of incorrect or incomplete
reports and
4) Occasion wherein the implementation of the contract
is rendered impossible or unfeasible.
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.
-6- 8 2 - 4 15
SECTION IX
ASSURANCES & CERTIFICATIONS
1) No person in the United States shall, on the ground of race,
i
color, creed, national origin, sex, marital status or 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 discrimination and
to insure that such discrimination cannot occur in the future.
2) The parties will comply with the Housing and Community
Development Act of 1974, as amended, Section 109 of Title 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 limit the political 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 whom they have
families, business or other ties.
5) 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 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.
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82-415
. I Non Discrimillption Under Title VI of th#-�ivil 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 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 HUD-7083).
C. U.S. Department of Housing and Urban Development Notice
(Request for U.S. Department of Labor Wage Rate
Determination).
D. Office of Management and Budget Circular A-102, "Uniform
Administration requirements for grants-in-aid to State and
Local Governments" to Community Development Block Grants.
E. Circular A-102 Principals for determining cost applicable
to grants and contracts with State and Local Governments.
F. Dade County Community Development Block Grant Program
Affirmative Action Plan.
82-415
IN WITNESS, THEREOF, the foregoing parties have executed
this Memorandum of Understanding this day of 1981.
RALPH ONGIE, CITY CLERK
RICHARD P. BRINKER, COUNTY CLERK
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
HOWARD V. GARY, CITY MANAGER
(SEAL)
M. R. STIERHEIM, COUNTY MANAGER
(SEAL)
APPROVED AS TO FORM
AND CORRECTNESS
COUNTY ATTORNEY
82-4 15