HomeMy WebLinkAboutR-81-0451RESOLUTION N ',,: 4,'5.,1__._w
A RESOLUTION AUTHORIZING EXECUTION OF RETROACTIVE
AGREEMENT WITH METRO -DARE COUNTY FOR JOINT
PREPARATION OF THE DOCUMENTATION REOVESTED BY
THE UNITED STATES :URBAN MASS TRANSPORTATION
ADMINISTRATION IN COMPLIANCE WITH THEIR FUNDING
COMMITMENT FOR Tt#E OVERTOtM URBAN INITIATIVES
PROJECT (PRE=CONSTkUCTION PHASt)
WHEREAS, this Commission desires to accomplish the por-
poses outlined in the attached memorandum from the City Manager
dated April 2 3, 1981:'
NOW, THEREFORE, BE IT RESOLVED BY THECOMMISSIONOF
THE CITY OF MIAMI, FLORIDA:
Section 1. The retroactive contract between Dade
County and the City of Miami to jointly prepare documentation
requested by the Urban Mass Transportation Administration, in-
cluding"an Environmental Impact Statement; in fulfillment of
UMTA'S directives regarding funding of the Overtown Urban
InitiativesProject '(Pre -Construction Phase) is hereby approved.
Section 2. The City Manager is hereby authorized to
execute the above contract for and on behalf of the City of
Miami,- Florida.
PASSED AND ADOPTED this 23 day of MAY 1981
MAUR]CE A. FERRE
A 0 R
ATTEST:
LPH ONGIE, CITY CLER
PREPARED AND APPROVED BY:
0 _ .RT _ . CLA"tK _
ASSISTANT CITY ATTOMY
A?VRPVED AS FORM A p CORRECTNESS
a
r ItY i� k_ila!a1 rt-C)Q1 bA
To Howard V, Cary May 21, 1081
City Maliager
City/Cotinty Contract! thViroft-
ientaj Impvtct Statement for
l f the Overtowri Urbal Initi at3�ies
Os 'ph W, MCNIMIU8 J
FROM Acting birector
i�latt�ni flg' Department
it is recommended that the Commission
authorizle the Manager to execute a City/
County agreement for Planning Department
services in 'jointly preparing an tnviron-.
mental Impact Statement for the Overtown
Urban initiatives Project; (Pre -Construction
Phase) in an amount not to exceed $30,000
for the period January 2-September 20, 1981
per the attached resolution.
Metropolitan Dade County has submitted a grant application to the
Urban Mass Transportation Administration U. S. Department of Trans-
portati'on for the Overtown Urban Initiatives Project in the amount
of $6.9 million While the Urban Mass Transportation 'Administra-
tion has reserved funds for the project, the actual grant award is
contingent on the preparation of an Environmental Impact Statement
for the project.
This Overtown Urban Initiatives Project proposes acquiring a four
block area between NCI' -3rd Avenue and 1st Court and from NIV 6th Street
to NW 8th Street. Directly adjacent to tile Overtown Transit Station,
-this redevelopment area is projected to stimulate over 58'million
dollars in private investment comprised of 520-670 residential units,
a`150=room hotel, 200,000 square feet of office space, and 60,000
square feet of commercial. activities. The 6.9 milliondollar 'grant
will fund acquisition of the foul: block area and relocation of the
328 households and fourteen businesses.
r It is recommended that the Commission authorize the Manager to ex
ecute the agreement for Planning Department services in jointly pre-
paring ,the requested Environmental Impact Statement, in an amount not
to exceed .$30, 000 for the period January 2 - September 30, 1981.
Attachment
g1-51
sa
110 MFINIVON
1 .1 The Wotds
and _t etftts as used in this Gonttaot shall hate
the following
tteat ings unless some .othdt fiieaiiitig is
illicitly
and clearly indioatedr
_DOT" shall mean the U , 8 , bepatttnettt of
Transportation.
"UMTA" shall mean the Urban Mass ;Tratlspoi°ta=
tion Administration of the U.S. Department: of
Transportation.
1 .1 , 3
"UMTA A proyal" shall mean the written ail=
proval of the Administrator of the Urban Mass
Transportation Administration, or his
designee.
1.1.4
"Count" shall mean the Board of County Com=
missioners, Dade County, Florida.
1 .1 .5
"County' Manages'' shall mean the Office of
County Manager, Dade County, Florida.
1.1.6
'IOTA" shall mean the office of Transportation
-
Administration, Dade County, Florida'.
1.1.7
"Contractor" shall mean City of Miami.
1.1.3
"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
81-451
l + 1 l
"No.ie,,LLte ,o,e.er�hal� tet a f6tm sent to
the CotAttettot from the County iftdicatittg
that weak should totbmettCe dr ot5t ti ue under
the ekeeuted Cotittatt,
Governmental agencies pattiei
pating in the Overtown Urban ltlitiatives
y
Project (Pre -Construction Phase) namely
Metro-Dadb Office of Transpottation
Administration (OTA), Metro -Dade Department
of Mousing and Urban Development (HUD) ,
Metro=Dade Office of Community and Economic
Development (CED), the City of Miami Planning
Department and the Cityof Miami Department
of 'Community Development,
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
"Study" - Economic Feasibility of the
four -block ' urban initiatives site and
surrounding area.
5
81 - 451
c{ J
►
y 1 �e ated
I Wo -L-1 � o.LA_ shah ttteaft a
of the ptOjected costs acid
by the CtltAttaetor f
i
and ptr3j ected gtatting and c6ltipie�
expenses
tioYt dates for each wOtk otdet to be issued
in order to petfotm the = scope of Services r
1,11
w�odetteque.st" shall mean attteii rem
quest to the County fromthe Contractot de'
fitting one or more tasks to be perfomed -by
the Contractor.-
1► l .l
"Work Otder`' shall meana document issued by
the county auttt oriting 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.
4
• , ,1`6
`Notice; t6_...pt6deodl' sha11 dean a - f6tf sent to
the CotAttaetot from the County indoat:ng
that Work should d6ffif'ieilde of c;ofitinue under
the executed Cotitt'aet+
1,1 ►17
"Task .,Force" = Gavettimet tal agencies paftioi-'
pacing in the OvertoWn` Urban Initiatives
proj Oct (pre -Construction phase) , nattely
Metro4ade Office of Ttanspottation
Administration (OTA), Metro -bade Depattment
of 11ousingand Urban Development (HUD) ,
Metro -bade Office of Community and > conomic
Development (CED), the City of Miami Planning
Department and the City of Miami Department
ofcommunity Development.
1.1.18
"Task Force Chairperson" - Coordinator of the
Metro -Dade County office of Transportation
Administration.
111.19
"Overtown Community" - The study area bounded
by N.W. 1st Court on the east, N.W, 3rd
Avenue on the west, N.W. 6 th 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
"Study" - ` Economic Feasibility of the
four -block urban initiatives site and
surrounding area.
-
5
81 -451
Olt
y `
,
to deliver the e�dfio tic feasibility study of
s
the `'Ovettowtt COffi un ty as prepeted by the
Coiisultart,
4,
- Tdeme7aCitiiie the existing C7ve�'totiiede�
velopmettt Plan neotporating the findings of
the technical studies performed by the
economic consultant. Ire -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.
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
source's of funding and d)' Monthly progress
reports.
7
f
Y _
IAI
Y
Y
ARTICLE tii
3.1 For the
performance of the Scope of SerVices, as pro-
vi'ded for in Article ll, the County shall compensate
the Contractor
as follows.
3,1,1
'I'he'County shall rembu5e the Contractor for
the followlftg costs and expenses paid or ift-
" curred by the Contractor in connection with
the performance of the Scope of Services,
(a) DirectLabor & Fringe Benefits., wages,
salaries 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
9,
�1 -451
y{j( jyj �y the county the c;onttactof will be
1\eq�G A t ,
authotited to ptoceed W1th the ge"ices
through the issuance of a Wotk ftdet by the
County.`
3.1.3
Ceilings and OVettung
_ he CoY1-
'the total compensation to be paid to t
tractor by the County on account of Scope of
Services shall not exceed the amount of
$30,000 except to the extent said amount is
increased by written -amendment to the
Any work ordet-related services
contract,
which will incur costs in excess of the
contract ceiling must be brought to the
immediate attention of the County and shall
be substantiated by bills and/or financial
records concurring the budget services. The
Contractor shall not perform the services of
incurred costs which would cause its total
_
compensation under the contract to exceed the
Contract_ ceiling without prior OTa approval.
3.2 Method
of Payment
The Contractor shall submit monthly invoices
32.1
the County for the compensation provided
to
for in Section 3.1. Each such monthly;
invoice shall cover the direct reimbursable
costs and expenses (Section 3.1.1) recorded
on the books of the Contractor during the
10
,.s$;+.£*... ,vr.u.,+afia,.AATn.K.4,.'J,A.,GMwY.x32•_"y"'ie4fl4tT.
- __ — _ _-
.,,, ,..a., — — �- —
j„
�.� �_ _; � '_- —ate ��_:�
` 5 ., 5 IMMINA` tO OC Cott R OT_-Y0R RON-AVAILAMIT: b MMAL
FUNDS
It is art 'e-ptession of this Conttact that a cbMinatibft
of Federal, State and local funds will be utilized by
the County to finance the work as hetein degdtibedo ancd
that the risks associated with any failure of the
Federal Government.. to provide incremental funding
during the performance of this Conttact, 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 pending 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.
Thisreview 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
• 81 451
j
I OWNERSHIP 0V MATERIALS & DOCUME'NTS
bade County shall seta ►i ownership of f,ny and
all documents, maps, reports, and other materials
resulting from the services provided under
x Article II> herein
3,8 INSURANCh
The City of Miami is self insured for general
liability as afforded by rlorida Statutes 768.28,
Waiver of Sovereign Immunity, which limits the
liability of the City 'of \ii�lmi at $50,000 per
claim and $i00,00o 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 INDENINT'FICATIOIT
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 of f i.cers , 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, i.ts officers, employees, agents or
persons under its direction and control, the
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.. _ s.. •:a h .«'t:. P.a .. ,13'�••."lJSimY�fAPI:'}—
4 � AkTICU V
5 r 0 CtNtRAt CONNIAT IONS
5.1 lns.fpcta.on
Tile Contractor shall pe3'mit the t:uthori2ted repre
sehtatives of the office of Transportation Admit
y
t
i.strat on of Dhde CountY the State of Florid., z
.r
U,S, Department of Transportation and Urban
Mass T ;ansportatiot► Administration to review All
work, documents and other dn.tft or work products
gathered or developed under this contract at any time within the duration of the Contract 'and within
three (5) years after completion or termination
of the services.
5.2 Publicity News Releases
Tile 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 tt1c� Florida Public
Records Act.
5.3 Changes
The County may, from time to time, request changes
in the sera i.ct;s and the Contractor s11;111 promptly*
respond to each such request . Each such c.hatll;e
shall be directed by a -written chance order signed'
by the duly authorized representative of the County and
mutually a:rved upon and accented by the Contractor.
Such cllan'c order shall' provide an equitable ad-
justmetlt in the time of performance and firm fixed
8 1_ 4 5 1
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