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HomeMy WebLinkAboutItem #32 - Discussion Item- _. _ .. __ _ __ _ ~ F -- DuU ~MENT LOG FORM /CITY MAt~l1G~.K' S UEFICE ~_ Name o f party (i a s) : PttALIC IiEAL7'H TRUST Ok' DADE C+JtyNTY _ gocument type: AGREEME'N`T' Purpose : CITY CONTRIBUTION TOWARDS THE NEW JACKSON _ _- = r ~ MEMORIAL TRAUMA CENTER - , ~~ _- .:' - fact) ity• `- - t~ - ~- ~- Oep~rta~ent: COMMUNITY DEVELOPMENT _ ~~_ 4 ED BT.ANCO Tel .: 5?9-7.449 ~! Contact person(questions~: ED BLANCO 579-2449 ~~- - Contact person(delivery). Tel.: EXPENSE/REVENUE ~ UNTIs)/PROJECT Authorized by Resolution o. 9~_z4~ (ATTACHED) OR APPROVED BY: Budget Di recto GENERAL FUNDS) ~- CIP Ad®inistrator (IF CIP FUNDS) ,~ Comm.Oev.Director (IF C.Q. FUNDS) ~~ - xx All City requi regents have been a~et and the ~. - = °"' docuasent(s) i s (are) ready for execution ''~ ____.•,~E p.t,~0 -~r / D i g n e e 1~ ice- DEPT. DIRECTOR OR DESIGNEEw ~ Date --S ? r ~ - _ ~ gn re = - ~ `bate ~ ~-3''~~- ~- ACM/Advisor _ E: -- - gna ur - Date Rec.by Mgr's. Off.: ~ :, , pate signed by Mgr.: ~ ~ ~ ~ _ "'~c:.;~_, -,._ Attested by City C :- ;~, Returned to dept/office: ~ ~ ~ --_ _` .__ -_ - ---- -~ ' ' ~~ ORIGINAL TO CITY CLERK: --1?~ ~~' --~ ~ <' - c~ - REV. 9120/gl ~~ ~. ~- _~_ ,= ~~ -~y„*m .° ~; ~' ~' l s~BCxAL ;~a~agi~~aT ~i~~~ ~!! pn~z~~c HRALTH Tati~T OF DADS co~~~r~"~~' °~ ~g~ ~~ ~~ (Jacl~aon ~[emnrial Hospital) ~-~M t ~ ~ ,`~:.} ,~._. . CST r ~i~= R lut,~.~, ~~. ~, TkIIS AGREEMENT enterad into this ~~ day of ig~y and betxeen the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"). and the PIIBLIC HgALTH TaIIST OF DADg COIIN'TY, FLORIDA, A8 AGSHCY AaD aHSTa1il~HHTALIT7( OF' DADg COIIHTY, FL08IDA, (hereinafter referred to as "TRUST" WHEREAS, Jacksoa Memorial Hospital is the only public hospital in the City of Miami and Dade County, providing medical services to City as well as Countywide residents; and WHEREAS, the TRUST is in the process of constructing a new $~5 million dollars Trauma Center at Jackson Memorial Hospitals and WHEREAS, the City Commission pledged, through Resolution No. 89-830, adapted on September 14, 198), contributions in the amount of $300,000 per year far five (5) years in support of said Trauma Center; and WFIEREAS, Heaolution No. 91-246, adopted March 28, 1991, initially authorized t~-e use of $600,000 .from Community Development Block Grant Funds for this purpose. 4 ~~ ti~-stt~ KcfU:t~~~C igii FURTf .~ KEYIEW, Pt~pSE lDENt~~Y ~$ _. _~ ~ _~. «- ~.. ~• -- TOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions, hereinafter stated, the parti$s hereto ~~, understand and agree as folloxe: = „~~ AIlTIChS I ~ - !.1 FOSBIBG~ - """""_ ~t The CITY shall .pay_to the TRUST the amount of one and a half million dollars ($1 ,500,000) over . a four ~reax period .with - siy hundred thousand dollars ($600,000) .payable the first year, and three hundred thousand ($300,000) payable per year - thereafter from undetermined sources, subject to the availability of funds and formal approval by the City Commission to all future allocations. The CITY'S financial contribution of $1.5 million dollars is designed to support ~~--- -- ~; the construction of the new $25 million dollar Trauma Center at Jackson Memorial Hospital, which will provide emergency medical services to City and Countywide residents. Since - Jackson Memorial is the only public hospital in the County, ~_ these services will directly benefit the low/moderato income ''~ residents of the CITY. - The CITY'S funding will b© used solely for the reimbursement of soft costa associated with the project. No funds will be used far demolition, construction, rehabilitation or other ~' ,. - l~ .. i -- -~- .. _- Fr ~~~: ~ _ xabor activities that xs~uld require cc~mp~.iance with the federal regulatiana of the Davis~Bacan Aet. 1 ~ 2 ~SBTHt1D tDF P.AYA$RT The CITY will reimburse the TRUST for pro3ect soft costa upon presentation of apprc~vc~d invoices. ARTICLE II - ,..~- ~. ~~t , ~~ .. ~~ '. 2.1 i`BB.~i i3p' AGRBBMBHT Tha term of this Agreement shall be for a period of four (~) years from July 1, 1g91 to June 30, 1995 aub3ect to cancellation as hereinafter provided. 2.2 CITY ADTHOEI~6TIQ': For the purpose of this Agreement, the City of Mimi, Department of Community Development, (hereinafter the. "IDEPARTMENT"~ will act on behalf of the CITY in the fiscal control,- and modification of this Agreement, except as other rise provided by this Agreement. .. , 2.3 BBTIRB bGRBB~48~iT: . This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and corr.sotly seta forth the rights, duties, sad obligations of each to the other a$ of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. ,~ € j~ .. , _ ~; iks~-_ ~~ '~ -- 2 . ~ RgTL~~[TIQ1~ QF RRC4RAS Ths TRUST shall retain all .financial records, supporting documents, statistical records, and all. other records pertinent to this Agreement for a period of three years t~ithin Dade County, Florida. - The retention period starts from the date of the submission of the final expenditure report. The records moat continue - to be freely available to the City Records for non-- expendable property acquired xith funds under the Agreement shall be retained far a period of three years after this = final disposition. All records retained pursuant to this section shall be retained beyond the. three year period if suds+. findings have not been resolved. - 2.5 Il~3IIEAHCS The TRUST shall maintain adequate self insurance acceptable = to the City Insurance Manager. Prior comcaencing any activity under the Agres~aent, the TRUST :shall furnish to the -' CITY evidence of insurance. _. _ The TRUST shall provide the folloxing coverages: a) Insurance coverage that reflects sound business practices acceptable to the City Departaent of P.iak Management. b) Insurance coverages that are concurrent xith F.S. - 768.28. ~, .. s} = .. .-,-.~.----- - ..~,..o........,, .....,~._ ~: -~~ ~; ~i ,: ,. _4_ 93- 1~~~! t M R ' 1 '~ CITY shall be primary additional insured on all insux~anee policies. Compliance xith the foregoing requirements shall not relieve the TRUST of its liability and obligations under this section or under airy other section of this Agreement. ARTICLE III 3. f FIHAIICIAL ACCt}~dHgABII.ITY: CITY reserves the right to audit the records of the TRUST at ~.~ -~;~ ~` ..~_ -- any time during the performance of this Agreement and for a period of three yearn after final payment is-made under this Agreement. Any payment theretofore made shall be subject to reduction for amounts included in the related invoice xhich are found by CITY, on the basis of such audit, not to constitute alloxable expenditures. Any payment made to the TRUST are subject to reduction for overpayments on preYiously submitted invoices. RBCAFTIIIIB 4~F FIIEDS: CITY shall reserve the right to recapture funds xhen the TRUST shell fail {~.~ to comply xith the terms of .this Agreement or (ii} to accept conditions imposed by CITY at the. direction of the federal, state and local agencie$, {iii} any bleach or noncompliance by the TRUST xith any 93-~ i~3•I .~ ~ .~- ~~_- _ -_ _ ggreement here#ofare or hereinafter made by the OITX or with any law, rule or resolution pertaining thereto, (ivy sell tho property that was purchased with the herea.n allocation. 3.~ COIIT~M~IIBT ChAIIAT~: Funding fur this Agreement is contingent on the availability of funds and conti~aued authorisation for program activities and is subject to amendment or termination due to lack of funds or authorisation, reduction of funds, and/or change in regulations. ~BTIOI.S IY 4-1 80~IDISARIAIFATIOH: The TRUST agrees that it shall not discriminate as to race, aez, color, creed, national origin, or handicap in connection with its performance under this Agreement. FURT~i~RMORE, that no otherwise Qualified individual shall, solely by reason of his/her race, aez, color, creed, age, national origin, or handicap, be excluded from the participatien in, be denied benefits of, or be sub3ect~sd to discrimination under any program or .activity receiving federal financial assistance. 4.2 CA~IFLICT OF I-ITB~tSST -= a) The TRUST covenants that no person under its employ who presently exercise any functions or reaponaibilitic~s in connecting with this Agreement has any personal financial interests, direct or indirect, with OITY. F i -6-- .~ f 93°~ 1~3•C ,.~. .' ~ y ~. The TRUST Further aovenants• that, in the pex~fort~ance of this Agreement, no person having such conflicting interest aha].1 be employed, Any such interests on the part of the TRUST or fta employees, must be disclosed i.n 4.3 x:iting to CITY. ~, b) The TRUST is axare of the conflict of interest laxa of the City of Miami (City of Hliami Code Chapter 2, Article V), Dade County Florida (Dade County .Code Section 2- 11.1) and the State of Florida, and agrees that it shall fully comply in all resgecta xith the terms of said lax. IBDgXaI1~'ICATIOft s The TRUST shall indemnify and save CITY its' officials and employees harmless from and against any and all claims, liabilities, losses, and causes of action xhich may arise out of the TRUST'S activities under this Agreement, including all other acts or omissions to act on the part of the TRUST, including any person eating for or on its behalf; from and against any relevant damages, orders, judgements, or decrees xhich may be entered against CITY; end from and against aII coats, attorney`s fees including coats of defense, or investigation and of any appeals, interest, expenses, and liabilities incurred by the CYTY in the defense of any such Claims or in the investigation thereof, to the extent alloxed by F.S. 768.26. ~. Y -~7- ~, ~•~ Ct?X~'L~C~AgCR itITH ~'HDEBA.L, STAY'lB A1~D LOCAL I.Ai~S: Beth parties shall comply with all applicable laws, orainanGes, and, codes of federal, state. and local governments, such as the Common Rule, Part 85, A~87. 4.5 1-HBS DlIgHTS : Ko amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ~.6 ~' CHRTII~'YCATIOH OF LOS'/lIODSBATK BEHHFITS: The TRUST agrees to submit an annual report for the yeriod = from Jume 1 et to May 30th of each year during the terms of this agreement, certifying that at feat 51;6 of the persons benefiting from the services provided by the TRUST, are persons of low to moderate income levels. 4.? ~- OifHg$SHIP OF DOCIIKSHT3: It is further understood by and between the parties that any documents or thing which it given by CITY to $he TRUST - pursuant to this Agreement shall at a1.1, times remain the property of CITY and shall not be used by the TRUST for any other purposed whatsoever without the written consent of CITY. 4.l3 a~ABD ©~ eca~rK~~T: The TRUST xarrants that it has not employed or retained any gersott effipioyed by the CITY to solicit o:• secure this Agreement and that it has not offered to pay, paid, or . ; . a r s agreed to pay auy perscn employed by the CImY and fee, commission percentage, brokerage fee, or gift of any kind contingent upon ar resulting from the.. award of this Agreement, q-ds H01fDBL8GATABIhITZ; The obligations undertaken by the TRUST pursuant to this Agreement shall not be delegated or assigned, sold, transferred, pledged, hypothecated or encumbered in whole or in part to any other person or firm unless the City Comtaission shall first consent in writing to the performance or assignment of such serviced or any part thereof by another person or firth. -. 4.10 Q08STEDCfiIOIB OF AGBBRI~RBT This Agreement shall be constr-~ed and enforced according to the laws of the State of Florida, the County of Dade and tYie City of Miami. . 4 ~ 1 i OBLIGATIOB OF EB18SVi1: . Upon expiration of the term of this Agreement,. the TRUST .agrees and understands that CITY has no obligations to renex thppisTAg`~rp~eremenyt. CITY retains the rights to terminate this Agreement at any tithe prior to the completion of the services required gursuant to this Agreement without penalty or liability to 93- 1.6~ •~ n.. t~ ~. t.. i ~ a ~.~ r"~,, ,- CITYe In that event, notice of termiti$tion of this Agreement shall be in xriting by regular United States mgil f to the TRUST, mho shall be paid for those services performed prier to the date of its receipt ~f the notice of termination. In n.o case, hoxevsr, xill CITY. pay the TRUST an amount in excess of the total sum provided by this Agreement. rt is hereby understood by and betxesn CITY and the TRUST that any payment made in accordance xith this .Section to the TRUST shall bs me,de only if said TRUST ig not in default under the terms of this Agreement. If the TRUST is in default, then CITY ohal]. in no xay be obligated and shall not pay to the TRUST any sum xhatsoever. 4.13 GRHERAL C©HDITIQ~TS: a) All notices or other communications which shall or may be given pursuant to this Agreement shall be in xriting and sha21 be delivesred by personal service, or. by registered mail addressed to the other party at the address indicated herein or as the same may be changed - from time to time. Such notice shah be deemed given on the day on which personally served; or if by mail, on - the fifth day after being posted .or the date of actual _~ receipt, xhichever is earlier. ~. -~ {t ,• ;, -9©- ~, . ~~i ~~~ ~~ _ • i ' ~ . either event, the remaining terms and provisions of this ~ r ~ } ~.' ~ .~ b) c) CITY OF MIAMI Department of Community Development. 1145 N.k~. 11th Street Miami, Florida 33136 public Health Trust of Dade County, Fla. Jackson Memorial Hospital 1611 N.W. 12th Avenue Miami, Florida 3313 Title and paragraph headings are for convenient reference and are not a part of this Agreement. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. d) No waiver or breach of any provision ~f this Agreement s2ie11 constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. e) Should any provisions, paragraphs, sentences, words or phrased contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal ar otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laxs, ar if not modifiable to conform with such laxs, then same shall be deemed severable, and in ~~ 93-- 163.1 ~~ e .: ~_ A~{reement shall remain un-modified in full foxes and effect. +~ • 14 IHb~h~41D1~HT COI~TR.ACT08: The TRUSfi and its employees and agents ~ahall be deemed to be independent CONTRACTORS and not agents or employees of CITX, and shall not attain any rights or benefits under the Ci~til Service or tension Ordinances of CITY or any rights generally afforded classified or unclassified employees; further theq s~~all not be deemed entitled to the Florida ~iorker' s Compensation benefits as an employee c+f CITY. 4 • t 5 $i7CCSSS085 AHD ASSIGNS : This Agreement shall be binding upon the parties herein, their heirs, executors, legal representativQS, successors, and assigns. 4.16 DSFAY7bT P80BISIOES: In the event that the TRUST shall fail to comply with each anal every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY at xis sole option, upon ~rritten notice to the TRUST, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to the TRUST by CITY xhile the TRUST vas in default of the provisions herein contained shall be forth:rith returned tc CiTY and until so repaid shall accrue interest at the rate of ., } 4, ,~ --12 - a7cp""' ~~s3'1 r c ' ' 4 4 ~s~ eighteem percent (1E~) per annum or such h~.gher rate as may be afforded and al]<oxed by Chapter 587, Florida Statutes. 4 * 1 °Y RAVSRS~OIt 4~ ®SIIE~CS .Upon expiration of the agreement the TF..UST shall. tz~ansfer to the CITY any CDBC fund on hand not used as intended under this agreemezat. Any real propexty acquired thxough CDBC funds must be used to meet a national ob,~eetive five years after date of this agreement. 4.18 P8©GR.AA IIICO~lE Any program income received by the TRUST shall be retained by the TRUST. The TRUST shall undertake those activities consistent with the fuactionA of a hospital trauma center with those fund retained as program income. ARTICLE ~ 5. i THB TRIIS~ CBRTII~'ICATIpI~S: Tke TRUST certifies that: . a) It possesses the legal authority to enter into this Agreement by xay of a rasoiution, motion, or similar action that has been duly adopted or pas$ed as $n official act of the T'RUST'S governing body, authorizing the ex~scution of the Agreements including all understandings and assurances 93- 1~3•! -13- ~~ ~ ~, ~_ __ - - __ l'~" !~ ce~ntained herein, end directing and euthari~ing the pets©m identified as the official represezztativg of the xRUST to act in connection with,the Agreep~ent and to provide euah additional information as may be required. b) It Kill comply with the provisions of the Hatch Act which limits the political activity of employees. e) It shall prohibit employees from using their positions for a purpose that is or givesthe appearance of being motivated by desiro for private gain for themselves or others, particularly those with whom they have family, business, or other ties. d) ~ It will comply with the Civil Rights Act as amended. _ , e) Agprapriate standards for health and a~afetg in xork and traning situatio~na x311 be maintained. f) It x311 comply with the regulations and requirements of the Off3re of Management and Budget Circular A-102, "Uniform Administration Requirements for. Grant-in Aid to State and Local Governments", the Common Rule, Part 85 and Federal. Management Circular A-87, "Principles far Determining Cots Applicable to Grsnts and Contracts vrith State and Local Government". -~ _-~ #' '~` 4 -1 ~~ s~- i~~•~ < s' _ q # ~ ` 2 ~ ~ •"~ ~ ', ; •, g) It will comply kith the Anti-Kickbaok Act, Tit~.e 48, USC Section 874, and provisions of the Federal Labor Standards, Title 29. ~': ~ . , . - IN iIITNE~S WHEREOF, the parties Hereto •have caused this instrument to be eze+cuted by the respective officials thereunto duly authorised an the first date above written. ATTEST: ATTEST: ~~ SECRETARY APPROVED FOR SUFFICIENCY AS TO INSURANCE AND LIABILITY BY THE ADt~IIHISTRATIOti, RISK MANAGEMENT, JACKSON MEMORIAL HOSPITAL DATE CITY 4F MIAMI, a m~nnicipal Corporation of the State of Florida: -~ - BY: CESAR H. ODIO CITX MANAGER SLB~GRANTEE: PUBLIC HEALTH TRUST OF DARE COUNTY, FLORIDA A C. CLARK, PRESIDENT AFPROVED FOR LEGAL SUFF'ICIENCI' AND FORM BY THE DADS COUNTY ATTORNEY'S OFFICE .--- ~N.-_ `^" DATE ~ ~ J '~ :~ ..7 5 93- 163 • ~ 3 M %}~,y .y ~ ' r ' `~.,. - _, APPR4Y~U AS T(~ ~UR~4 ARD CaRRECTNESS: App$OYED A~ TO I~SURAI~CE REpUZREt3ENTS: L'~$I~ATOR -_ • ' , • ~ :L. 3j20/91 I• RESOLUTION N0, ~( ~~ A RESOLUTION! AijTHORI2ING._'i'1{E CITY MANAGER TO SUBMIT AN AMENdHEN'F T~J THE APPROVEd FIFfiEFNfi}i (15TH) YEAR COFSMUNITY DEVELOPMENT B1 r7CK GRANT (CDBG) PROGRAM FINAL STATi/MENfi TO THE U,S. DEPARTMENT OF HbUSING AlJd URBAN DEVELOi?MENT (NUb) TO REFLLCT A REALLOCATION OF FUNDS IN THS AMOUNT OF $300,000 FROH THE $1,000,000 ALLOCATED FOR I,ANd ACQUISITION IN OVERTOWN FOR THE PURCHASE OF CAMILLUS HOUSE TO THE CONSTRUCTION OF PiEW TRAUMA CENTER AT JACK50N MEMORIAL HOSPITAL IN THE: CITY OF MIAMI, FLORIDA, IMPLEMENTING RESOLUTION NO. 89-830, ADOPTED SEPTEA48ER I4, 1989, WHICH ENDORSED THE CONCEPT AND PLEDGED CITY FUND5 FOR THE DEVELOPMENT OF SAID CENTER. c:~ ~: ~ ~ ~~ ~ ~ ~ =~ ~ •.rr~ 71 ;~ ,,,,,,; ! r,,,~ '-~; :. - - .. ,~ `'" . _ ~ ~ ~v~.-t :[~ ttHEREAS, the City Commission approved Resolution No. 89-388 on April 27, 19@9, authori~inq the submittal of the approved Community Development Block Grant Frogr~nm Final Statement; and WHEREAS, the City Commission has officially endorsed the concept of a new trauma center at Jackson Memorial Hospital and pledged to provide funding as per Resolution No. 89-830 adopted September 14, 7.989; and WHEREAS, said designation of Community Development Black Grant Funds by the City Commission requires an amendment to the previously submitted Community Development Program's Final Statemento NOH, THEREFORE, BE IT RESOLVE~J BY THE COMMISSION OF THE CITY• OF MIAMI, FLORIDA= Section 1. The recitals and findings contained in the Preamble to tha Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to submit Rn amendment to the approved Fifteenkh (15th) Xear Community Development Block Grant Program Final Statement to the U.S. Department of Housing and Urban Development to reflect a reallocation of funds in the amount of $300,000 from the ,w ~_ CITY COI~:i I~wION P1i~L•'T•a~•:G OF IdAR 28 1991 yl- 24G .~-~o~ w....~--. ..,. '~r~ t __...~.. r_._... ~~,~01~,000 ,allocates so7C s,ana hcquisi~~.u„ .~~~ vvea.~vr~cf ~.v ..~.... ~ ~ .. nanstruction of spa Trauma Centex et Jackson ~Iem~,~J.al Naspital, t. ~ ~,:~ Miami, I`iQrida, ~lr~mentirtq Teeolut.tvn Na. 8_ 830, adapted September 14, 19@9, whfch Resolution endare~~d the concept and pledged City fends far the devi~Iopment of said center,. Section 3. This Resolution shall become effective immedigt~aly open itg adoption. PASSED ANri ADOPTEp this 28th day of March ,, 1991. l ` VIER L. SUAREZ, MAYOR ETTES MATT' HIRAI, CITY CLER~t i~UDGET DEPARTMENT APPROVALS MANONAR S. A, DIRECTOR DEPARTMENT OFD DGET FINANCE DEPARTMENT REVIEW AND APPROVALS. CARLOS ARCIA, DIRECTOR DEPARTMENT aF FINANCE FRANK CA 7AP7EDA~ DIRECT DEPARTME T OF COMMUNITY DEVELOPMENT APPROVED AS TO FORM AND CORAECTNESSs ./ . G 2 - J R L. F RNA.NDEZ C TY ATTO EY 1S2Ila/ , ~ _, ,~,. ~ _ .. , a 91- ~4G -g3- 163