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HomeMy WebLinkAboutR-81-0779RESOLUTION NO. $1 - 7 7 9 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH METRO DADE COUNTY FOR SERVICES PROVIDED BY CITY OF MIAMI PLANNING DEPARTMENT IN JOINT PREPARATION OF THE DOCUMENTATION REQUESTED BY THE UNITED STATES URBAN MASS TRANSPORTATION ADMINIS- TRATION INCLUDING ENVIRONMENTAL IMPACT STATEMENT IN COMPLIANCE WITH FUNDING COMMIT- MENT FOR THE OVERTOWN URBAN INITIATIVES PROJECT (PRE -CONSTRUCTION PHASE) IN AN AMOUNT NOT TO EXCEED $30,000 FOR THE PERIOD OF JANUARY 2 - SEPTEMBER 30, 1981. WHEREAS, the Board of County Commissioners did approve the grant application to the Urban Mass Transportation Adminis- tration, U.S. Department of Transportation for the Overtown Urban Initiatives Project (Pre -Construction Phase) in the amount of $6.9 million and authorized the County Manager to submit the grant application for and on behalf of Metro Dade County and to expend the funds therefrom; and WHEREAS, the Urban Mass Transportation Administration has granted a reservation of funds for the Overtown Urban Initiatives Grant pending the completion of an Environmental Impact Statement and WHEREAS, the County Administration has proffered a contract for this purpose; and WHEREAS, the Commission desires to expedite the joint completion of the Environmental Impact Statement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI: Section 1. The City Manager is hereby authorized to execute an agreement with Metro Dade County for services provided by the City of Miami Planning Department in joint preparation of the documentation requested by the Urban Mass Transportation Administration, including an Environmental Impact Statement, in compliance with funding commitment for the Overtown Urban Initiatives CITY COMMISSION MEETING OF SEP 1 01981 as r umpf NO...... ..$1 - 79 ....REMU.......... cs:............................ Project (Pre -Construction Phase) in an amount not to exceed $30,000 for the period January 2 - September 30, 1981, in substantially the form attached hereto. Section 2. The City Clerk is directed to immediately forward a copy of this Resolution to Richard P. Brinker, Clerk of the Board of County Commissioners. PASSED AND ADOPTED this 10 day of September 1981. MAURICE A. FERRE MAURICE A. FERRE, MAYOR ATTEST: RAM G. ONGIE CITY CLERK ARED ANDAPPROVED BY: C ANTHONY VALENTINE AS ISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY-140' RNEY "' v -2- 81 - 779 CITY OF MIAMI. FLORIDA 24'1 INTER -OFFICE MEMORANDUM r ro. Howard V. Gary City Manager DATE May 13, 1981 FILE: SUBJECT City/County Contract :Environ- . mental Impact Statement for .� the Overtown Urban Initiatives FROM REFERENCESProject io%__�_�: McManus Acting Director Planning Department ENCLOSURES. -It is recommended that the Commission authorize the Manager to execute a •City/ County agreement for Planning Department services in jointly preparing an Environmental Im- pact Statement for the Overtown Urban Initiatives Project (Pre - Construction Phase) in an amount not to exceed $30,000 for the period January 2-September 30,1981 per the attached resolution. Metropolitan Dade County has submitted a grant application to the Urban Mass Transportation Administration U. S. Department of Transportation for the Overtown Urban Initiatives Project in the amount of $6.9 million. This project pertains to re- development of the four -block area by the Overtown Rapid Transit Station. While the Urban Mass Transportation Administration has reserved funds for the project, the actual grant award is con- tingent on the preparation of an Environmental Impact Statement for the project. It is recommended that the Commission authorize the Manager to execute the agreement for Planning Department services in jointly preparing the requested Environmental Impact Statement, in an amount not to exceed $30,000, for the period January 2 - September 30, 1981. Attachment 81 - 7 ?'9 Ilk CONTRACT AWARD ISSUED BY: Metropolitan Dade County, Florida ADMINISTERED.BY: Office of Transportation Administration CONTRACTOR: City of Miami SERVICES: Overtown Urban Initiatives Project (Pre -Construction Phase) PERIOD: January 2, 1981 - September 30, 1981 TYPE: Cost Amount: $30,000 CITY OF MIAMI -- City Manager City Clerk APPROVE TO FORM AND O CTNESS y Attorney T; METROPOLITAN DADE COUNTY M. K. 5tlerheim County Manager Date Signed: 81 - 7T9 .r P OVERTOWN URBAN INITIATIVES PROJECT (PRE -CONSTRUCTION PHASE) FOR METROPOLITAN DADE COUNTY This contract is made and entered into as of this day of , by and between Metropolitan Dade County, a political subdivision of the State of Florida, herein- after referred to as the "County" and the City of Miami, Florida, hereinafter referred to as the "Contractor". WITNESSETH WHEREAS, the Dade County Board of County Commissioners did approve the grant application to the Urban Mass Transporta- tion Administration for the Overtown Urban Initiatives Project a - o (Pre -Construction Phase) in the amount of $6.9 million, and authorized the County Manager to submit the grant application for and on behalf of Dade County, and to expend the funds received thereof; and WHEREAS, the United State Department of Transportation, Urban Mass Transportation Administration (UMTA) has granted a reservation of funds for the Overtown Urban Initiatives Grant pending the completion of the Environmental Impact Statement. NOW THEREFORE, in consideration of the premises and the mutual convenants herein expressed, the parties hereto do mutually agree as follows to - the Articles of this Contract as hereinafter contained: 1 -- 81 - 7 79 r 1.1.10 "Work Program" shall mean a listing prepared by the Contractor, of the projected costs and expenses, and projected starting and comple- tion dates for each work order to be issued in order to perform the Scope of Services. 1.1.11 "Work Order Request" shall mean a written re- quest to the County from the Contractor de- fining one or more tasks to be performed by the Contractor. 1.1.12 "Work Order" shall mean a document issued by the County authorizing one or more tasks to be performed by the Contractor. 1.1.13 "Contract Ceiling" shall mean the maximum amount of compensation that a Contractor can. receive for total costs and expenses incurred during the performance of the Scope of Services under this Contract. 1.1.14 "Work Order Ceiling" shall mean the maximum amount of compensation that a Contractor can receive for total costs and expenses incurred during the performance of each work order issued by the County to the Contractor. 1.1.15 "Procedures Guide" shall mean the current document prepared by the OTA entitled "Procedures Guide for Project Sponsors", which sets forth procedures designated to assist the Contractor in performing the Scope of Services under this Contract. FA 1.1.10 "Work Program" shall mean a listing prepared by the Contractor, of the projected costs and expenses, and projected starting and comple- tion dates for each work order to be issued in order to perform the Scope of Services. 1.1.11 "Work Order Request" shall mean a written re- quest to the County from the Contractor de- fining one or more tasks to be performed by the Contractor. 1.1.12 "Work Order" shall mean a document issued by the County authorizing one or more tasks to be performed by the Contractor. 1.1.13 "Contract Ceiling" shall mean the maximum amount of compensation that a Contractor can. receive for total costs and expenses incurred during the performance of the Scope of Services under this Contract. 1.1.14 "Work Order Ceiling" shall mean the maximum amount of compensation that a Contractor can receive for total costs and expenses incurred during the performance of each work order issued by the County to the Contractor. 1.1.15 "Procedures Guide" shall mean the current document prepared by the OTA entitled "Procedures Guide for Project Sponsors", which sets forth procedures designated to assist the Contractor in performing the Scope of Services under this Contract. FA s ARTICLE II -SCOPE OF SERVICES _, 81 - 779 r r2 1.0 DEFINITIONS 1.1 The words and terms as used in this Contract shall have the following meanings unless some other meaning is ex- plicitly and clearly indicated: 141.1, "U.S. DOT" shall mean the U.S. Department of Transportation. 1.1.2 "UMTA" shall mean the Urban Mass Transporta- tion Administration of the U.S. Department of Transportation. 1.1.3 "UMTA Approval_" shall mean the written ap- proval of the Administrator of the Urban Mass Transportation Administration, or his designee. 1.1.4 "County" shall mean the Board of County Com% missioners, Dade County, Florida. 1.1.5 "County Manager" shall mean the Office of County Manager, Dade County, Florida. 1.1.6 "OTA" shall mean the Office of Transportation Administration, Dade County, Florida. 1.1.7 "Contractor" shall mean City of Miami. 1.1.8 "Scope of Services" shall mean the aggregate tasks which comprise Article II of this contract. 1.1.9 "Contract" shall mean the agreement approved by UMTA and executed between Dade County and the Contractor. 3 81 - 7 79 a ARTICLE II - SCOPE OF SERVICES 0 _. 81 -779 r its , f � 1.1.16 "Notice to Proceed" shall mean a form sent to the Contractor from the County indicating that work should commence or continue under the executed Contract. 1.1.17 "Task Force" - Governmental agencies partici- pating in the Overtown Urban Initiatives Project (Pre -Construction Phase), namely Metro -Dade Office of Transportation Administration (OTA), Metro -Dade Department of Housing and Urban Development (HUD), Metro -Dade Office of Community and Economic Development (CED), the City of Miami Planning r Department and the City of Miami Department of Community Development. ti 1.1.18 "Task Force Chairperson" - Coordinator of the Metro -Dade County Office of Transportation Administration. 1.1.19 "Overtown Community" - The study area bounded by N.W. 1st Court on the east, N.W. 3rd Avenue on the west, N.W. 6th Street on the south and N.W. 8th Street on the north. 1.1.20 "Project" - Overtown Urban Initiatives Project (Pre -Construction Phase). 1.1.21 "Studv" - Economic Feasibility of the four -block urban initiatives site and surrounding area. S - 81-77.9 � y. • ' t ARTICLE II 2.0 SCOPE OF SERVICES 2.1 The Metropolitan Dade County Office of Transportation Administration (OTA) will be responsible for super- vision and administration of the Overtown Urban Initiatives Project (Pre -Construction Phase). The City of Miami shall assist the OTA in the Project. As a participant on the Task Force, the City's services include attendance at meetings, work sessions, and public presentations as scheduled by the Task Force Chairperson. Specific york tasks for which the City of Miami will be responsible are described in paragraph 2.2 below. All work elements contained therein directly relate to the Urban Initiatives Work Program as approved by UMTA. 2.2 The City of Miami shall be responsible for providing the following: A. City of Miami Planning Department 1. To choose and contract with an economic con- sultant to undertake the study of the Overtown Community as outlined by the Dade County Office of Community and Economic Development. 2. To monitor and report the consultant's per- formance for the Task Force. C 81 - 779 • B. City of Miami Department of Community Development 1. To serve as the official liaison between the Overtown community and the Task Force. 2. To identify additional sources of funds that will serve as a leverage to promote private development. 3. Deliverables: a) Recommendations for other sources of funding, b) Monthly reports on the concerns of the Overtown community. _. D-1 3. To deliver the economic feasibility study of the Overtown Community as prepared by the Consultant. 4. To re-examine the existing Overtown Rede- velopment Plan incorporating the findings of the technical studies performed by the economic consultant. Re-examination shall include, but not be limited to: a) Land uses proposed by the existing Over - town Redevelopment Plan; b) Minority Participation program defined by the existing Overtown Redevelopment Plan and identifying specific mechanisms to assure same. -i c) Employment Program as developed in the Employment Initiatives Plan. 5. To identify additional sources of funds that will serve as a leverage to promote private development. 6. To prepare monthly progress reports. 7. Deliverables: a) The report of the Economic Consultant, b) The Amended Overtown Rede- velopment Plan, c) Recommendations for other sources of funding and d) Monthly progress reports. F1 100 B. City of Miami Department of Community Development 1. To serve as the official liaison between the Overtown community and the Task Force. 2. To identify additional sources of funds that will serve as a leverage to promote private development. 3. Deliverables: a) Recommendations for other sources of funding, b) Monthly reports on the concerns of the Overtown community. 1 ARTICLE III - COMPENSATION i t ii I f: i 1, Y� ti t(1 t I Q } V1 -'7r9 a _'• eT ARTICLE III 3.0 COMPENSATION 3.1 For the performance of the Scope of Services, as pro- vided for in Article II, the County shall compensate the Contractor as follows: 3.1.1 The County shall reimburse the Contractor for the following costs and expenses paid or in- curred by the Contractor in connection with the performance of the Scope of Services. (a) Direct Labor & Fringe Benefits: Wages, salarie.%-and fringe benefits of the Con -tractor's personnel for actual time expended in the performance of Scope of* Services, not to exceed $30,000. (b) Miscellaneous: Any other direct costs and.expenses which are reasonable and necessary for the proper performance of the Services. 3.1.2 Work Orders: The costs incurred under this contract will be determined by OTA-issued Work Orders. The Contractor through a Work Order Request, will request authorization to initiate expenditures in the performance of the Services. The Work Order Request shall include a detailed budget for review by -the County. Upon approval of the Work Order Vj 81 - 7 79 Request by the County, the Contractor will be authorized to proceed with the services through the i_ssunnce of. a Work Order by the County. 31l.3 CoLli.nga and Overruns The total compensation to be paid to the Con- tractor by the County on account of Scope of Services shall not exceed the amount of $30,000 except to the extent said amount is increased by written amendment to the contract. Any work order -:related services .which will incur costs in excess of the contract ceiling must be brought to the immediate attention of the County and shalli be substantiated by bills and/or financial records concurring the budget services. The Contractor shall not perform the services of incurred 'costs which would cause its total compensation under the contract to exceed the Contract ceiling without prior OTA approval. 3.2 Method of Payment 3.2.1 The Contractor shall submit monthly invoices to the County for the compensation provided for in Section 3.1. Each such monthly invoice shall cover the direct reimbursable costs and expenses (Section 3.1.1) recorded on the books of the Contractor during the 10 f preceding month. Said invoices shall be in such form and detail as the County may reasonably require and shall be due and payable by the County within thirty (30) days after receipt. 3.2.3 Within thirty (30) days following Final Ac- ceptance of the completed Scope of Services by the County, the County shall pay to the Contractor the final amount due, subject to audit. 3.3 FINANCIAL RECORDS 3.3.1 The Contractor and its members shall maintain during the course of the Contract and for three years after final payment under this Contract appropriate records with respect to wages and salaries and other items reimburs- able hereunder. Such record shall be supported by payrolls, invoices, vouchers and other documents evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices and other docu- ments pertaining in whole or in part to the Scope of Services shall be clearly identified, readily accessible and, to the extend feasible, kept separate and apart from all other documents not related to the 11 �$1.7Z9 `1 Contract. The system of accounting will be in accordance with generally accepted accounting principles and practices, consistently applied. 3.3.2 The Contractor shall permit the authorized representatives of the County, State of Florida, .the U.S. Department of Transporta- tion and the Comptroller of the United States to inspect and audit all data and records relating to its performance under the Contract. These rights of audit shall extend for a period -of three years following final payment under -this Contract. 3.3.3 In the event funds paid to the Contractor under this Contract are subsequently properly disallowed by the County, or a state or federal agency because of accounting errors or charges not in conformity with this Contract, the Contractor shall refund such disallowed amounts to the County promptly. 3.4 TERMINATION OF CONTRACT Either party may terminate this contract at any time by giving 10 days notice in writing to the other party. If the contract is -terminated as provided herein, the Contractor shall be paid for all services actually performed in accordance with this agreement. 12 t � 3.5 TERMINATION OF CONTRACT FOR NON -AVAILABILITY OF FEDERAL FUNDS It is an expression of this Contract that a combination of Federal, State and local funds will be utilized by the County to finance the work as herein described, and that the risks associated with any failure of the Federal Government. to provide incremental funding during the performance of this Contract, should be minimized for both MDC and the Contractor. Metropolitan Dade County has been granted a reservation of funds ($6.9 million) for the Overtown Urban Initiatives Grant penSing the completion of the Environmental Impact Statement (EIS). The work des- _. cribed in this contract is a vital part of the EIS. If at any time the Federal government, through an act of Congress, cancels the funding for the Project, this Contract should become null and void. Written notice will then be given to the Contractor by the County de- claring the termination of the Contract. 3.6 REVIEW A review of the Contractor's performance shall be un- dertaken within 10 days of receipt of progress reports. This review will entail an evaluation of financial and programmatic reports submitted by the Contractor and, in the event that it may be necessary, appropriate scope of work and/or budgetary revisions may occur. 13 _ 81 - '7 xi • V f 3.7 OWNERSHIP OF MATERIALS & DOCUMENTS Dade County shall retain ownership of any and all documents, maps, reports, and other materials resulting from the services provided under Article II, herein. 3.8 INSURANCE The City of Miami is self -insured for general liability as afforded by Florida Statutes 768.28, Waiver of Sovereign Immunity, which limits the liability.of the City of Miami at $50,000 per claim and $100,000 per occurence. The City of Miami cannot issue the County a Certificate of Insurance nor can the County be named as an addi- tional insured. 3.9 INDEMNIFICATION The Contractor 'acknowledges and agrees that it is solely liable and responsible for damages which might arise out of the acts or omissions of the Contractor, its officers, employees, agents or persons under its direction and control, and to the extent that the County may be named in a suit which arises out of the acts or omissions of the Consultant, its officers, employees, agents or persons under its direction and control, the -14- • 9 Consultant shall indemnify, defend and hold the County harmless; however, liability under this clause is governed by the limits and to the extent provided in Section 768.28, Florida Statutes, the partial waiver of sovereign im- munity. 81 - 7 79 -15- _. 'y' b • i � 1 !' . - ARTICLE IV —.EQUAL OPPORTUNITY _a. -81 M779 T i r. 1 1 ARTICLE IV 4.0 EQUAL OPPORTUNITY 4.1 Equal Employment Opportunity 4.1.1 The Contractor shall not discriminate against any employee or applicant for employment be- cause of race, religion, color, sex, age, marital status, physical handicap, or national origin. The Contractor shall take affirmative actions to insure that applicants are employed and that employees are treated during their employment, without regard to their race, religion, color, sex, age, .. marital status, physical handicap, or national origin. Such actions shall include, but not be limited to the following: employ- ment, upgrading, transfer or demotion; recruitment, or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for training including apprenticeship. 4.1.2 The Contractor shall comply with all regula- tions of the U.S. Department of Transporta- tion, all applicable provisions of the Civil Rights Act of 1964; Executive Order 11246, of 16 81 - 779 September 24, 1965; Executive Order 11625 of October 13, 1971; the Age Discrimination in Employment Act effective June 12, 1968; the rules, regulations and relevant orders of the ' Secretary of Labor; and Dade County Ordinance 75-46 effective June 28, 1975. 4.2 Nondiscrimination During the performance of this Contract, the Contractor agrees as follows: 4.2.1 The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considera-. tion for employment without regard to race, religion, color, sex, age, marital status, physical handicap or national origin. 4.2.2 The Contractor shall send to each labor union or representative of workers with which he has a collective , bargaining agreement or other contract or understanding, as applica- ble, a notice to be provided advising the said labor union or workers representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 17 e •1 w 4.2.3 The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regula- tions, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the County and Compliance Review Agencies for purposes of investigation to ascertain com- pliance with such rules, regulations, and orders. 4.2.4 In the event of the Contractor's non-compliance- with the non-discrimination clauses of ttiis Contract or with any of the said rules, regulations or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may .be declared ineligible for further contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or orders, of the Secretary of Labor, or as otherwise provided by law. 18 81 - 7 79 4.2.5 The Contractor shall include all of Sections 4.1 and 4.2 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued ' pursuant to Section 204 of Executive Order 11245 of September 24, 1965, so that such provisions will be binding upon each subcon- tractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as a means of enforcing such provisions, including sanctions for non-compliance; provided, however., that in the event the Contractor becomes involved in, or is threatened with litigation with a .. subcontractor or vendor as a result of such direction by the County, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 19 • s ARTICLE V - GENERAL CONDITIONS �31 - WY i r � ARTICLE V 5.0 GENERAL CONDITIONS 5.1 Inspection The Contractor shall permit the authorized repre sentatives of the Office of Transportation Admin- istration of Dade County, the State of Florida., U.S. Department of Transportation and Urban Mass Transportation Administration to review all work, documents and other data or work products gathered or developed under this contract at any time within the duration of the Contract and within three (3) years after completion or termination of the services. 5.2 Publicity News Releases The Contractor shall not, during or after the per- formance of this contract, disseminate publicity regarding this project or the services without prior written approval of the County. This shall not con- flict with the provisions of the Florida Public Records Act. 5.3 Changes The County may, from time to time, request changes in the services and the Contractor shall promptly respond to each such request. Each such change shall be directed by a written change order signed by the duly authorized representative of the County and mutually agreed upon and accented by the Contractor. Such change order shall provide an equitable ad- justment in the time of nerformance*and firm fixed -20- - $1 - 779 price, if applicable, as well as any other provisions i of their contract which are affected by said change order. 5.4 Notices All communications relating to the day-to-day activities shall be exchanged between the Contractor and the County. The Contractor's representative and the County's representative shall be designated in writing promptly upon commencement of the services. Any notices, reports, or other written communications from the Contractor to the County shall be considered delivered when posted or delivered in person to the County's authorized representative. Any notices, reports or other communcations from the County to the Contractor shall be considered delivered when posted by the Contractor to the last address left on file with the County, or delivered 'in person to the authorized representative of the Contractor. Until changed by notice in ,writing, all such notices and communications shall be addressed as follows: If to the Contractor: Jim Reid, Assistant City Manager City of Miami 3500 Pan American Drive Coconut Grove, Florida 33133 or 21 t t , I price, if applicable, as well as any other provisions of their contract which are affected by said change order. 5.4 Notices All communications relating to the day-to-day activities shall be exchanged between the Contractor and the County. The Contractor's representative and the County's representative shall be designated in writing promptly upon commencement of the services. Any notices, reports, or other written communications from the Contractor to the County shall be considered delivered when posted or delivered in person to the County's authorized representative. Any notices, reports or other communcations from the County to the Contractor shall be considered delivered when posted by the Contractor to the last address left on file with the County, or delivered in person to the authorized representative of the Contractor. Until changed by notice in ,writing, all such notices and communications shall be addressed as follows: If to the Contractor: Jim Reid, Assistant City Manager City 'of Miami 3500 Pan American Drive Coconut Grove, Florida 33133 or 21 r f Dena Spillman, Director Department of Community Development P.O. Box 330708 Miami, Florida (1145 N.W. llth Street Miami, Florida 33133) If -to the County: John A. Dyer, Transportation Coordinator Office of Transportation Administration 44 West -Flagler Street - 17th Floor Miami, Florida 33130 22 - 81 - 779