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HomeMy WebLinkAboutR-82-0416# 0 RESOLUTION NO. 8 2- 4 16 RESOLUTION ALLOCATING $350,000 OF HOUSING BOND FUNDS TO METROPOLITAN DADE COUNTY FOR ADMINISTRATION OF THE PUBLIC HOUSING SCATTERED SITE PROGRAM 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 AUTHO- RIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN ESSENTIALLY THE FORM ATTACHED HERETO, WITH METROPOLITAN DADE COUNTY FOR THE AFOREMENTIONED 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 public housing scattered site program; and WHEREAS, $350,000 is determined to be an equitable amount for the administrative services provided in relation to this program. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The sum of $350,000.00 of Housing Bond funds is hereby allocated to Metropolitan Dade County for administrative services provided to the City in connection with the public housing scattered site program by Dade County Department of Housing & Urban Development. 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 commen- cing June 16, 1981 and ending June 15, 1982, for the afore- mentioned purpose. PASSED AND ADOPTED this 11th day of May , 1982. Maurice A. Ferre MAURICE A. FERRE, Mayor TEST: B DGETARY REVIEW: RA G. ONGIE MANOR R S. SURAVA, Director City Clerk 6--Dept. of Management & Budget LEGAL REVIEW: / S i )&I 1.'6-pt O L E. MAXWELL kA sistant City Attorney APPROVE¢ AS TO FORM AND CORR9CTNESS: Ix -"I• GEORGE F. jNOXj JR. City Attorney 82-416 431 TO Howard V. Gary City Manager FROM Dena Spillman Director Community Development C11-Y , F '•11Ai',11. I,NJT2:R-0F tr = '.1t:t10R,1%N 0LJ"A April 26, 1982 City/County Agreement of Understanding RP.FFRLNCLS City Commission Agenda - May 13, 1982 Lo-,!.A s It is recommended that the attached two resolutions be approved by the Z7 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 CNJ administration of certain Community Development activities; further � authorizing the City Manager to enter into two contracts for these purposes `' cv with Metropolitan Dade County for the p w 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 - 4 16 N 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 82-416 CITY OF MIAMI/METROPOLITAN DADE COUNTY MEMORANDUM OF UNDERSTANDING SCATTERED SITE PUBLIC HOUSING DEVELOPMENT PROGRAM This AGREEMENT, 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 agree as follows: WHEREAS, the parties hereto have the common power within there jurisdictions to carry out the activities herein, and WHEREAS, the parties hereto are agreeable to carrying out the activities herein described: Now, therefore the City and the County do mutually agree as follows: SECTION I. DEFINITIONS CITY City of Miami COUNTY Metropolitan Dade County CCD City of Miami, 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 D.C. HUD, are being provided in connection with implementation of the County's scattered site public housing development program (hereinafter referred to as the "Program"). 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 Havana, and Coconut Grove. The program will involve the development of up to approximately 266 units of conventional public housing by the County in the above community development r 82-2116 t - f target areas which shall be owned and operated by the County in accord 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 inclusive of administrative costs for the purpose of acquiring development sites suitable for implementation of the program and to fund the cost of relocation and site preparation, as required. 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 neighborhood views and input on the program and proposed devel- opment sites. In all cases, the County will consult with CCD prior to taking 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 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 acquisition activities in accordance with applicable local, state, and federal statutes and regulations. 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 82-416 C) Property Management Interim The County agrees to adequately maintain all properties acquired under the terms of this agreement income in excess of management expense will be used by the County to reduce initial land acquisition expense D) 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, 1981 and deemed completed on June 15, 1982. Section IV. MAXIMUM ACTIVITIES ALLOCATION The City has allocated HBF to carry out the program activities as listed and described in Section II, not to exceed $3,220,000. SECTION V. 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 three hundred and fifty thousand dollars, ($350,000), 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. SECTION V. 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 related activities and services. Vouchers for payment should be prepared by the party carrying out the activity and submittee 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. As will partial payment for services provided under Section II and be submitted to the funding 82-416 party in the form of vouchers not to exceed the Maximum Compensation 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 VIII. 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 Agreement 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 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 (County). Said documents and records shall be maintained by the Agency no less than three (3) years after the termination of this Agreement. Section IX. CONFLICT OF INTEREST The City and County covenant that no person under its employ who presently exercises any functions or responsibilities 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 employed. SECTION X. 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. 82-416 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. SECTION XI. ASSURANCES & CERTIFICATIONS 1) No person in the United States shall, on the ground of race, 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: 82 - 4 16 i f 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. Non Discrimination Under Title VI of the Civil Rights Act of 1965. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. SECTION XII. 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 -4 16