HomeMy WebLinkAboutR-91-088977, .35,
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11/2 /91
91- 889
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- R99OLUTION NO.
. 11ES0LUTION WITH ATTACHMENTS r ALLOCATING
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$06, 540 OF SEVENTEENTH YEAR COMMUNITY
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DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY
APPROPRIATED BY ORDINANCE NO. 10885,
ADOPTED MAY 9 , , 19 9.1 r TO METROPOLITAN DADS -
COUNTY FOR THE DEVELOPMENT OF A DAY CARE
CENTER IN THE RAINBOW VILLAGE HOUSING.
PROJECT IN OVERTOWN; FURTHER AUTHORIZING
THE CITY„ MANAGER TO EXECUTE AN AGREEMENTr
g IN SUBSTANTIALLY THE ATTACHED FORM, WITH
METROPOLITAN DADE COUNTY TO IMPLEMENT SAID/
PROJECTr SUBJECT TO THE CONDITIONS AND
LIMITATIONS CONTAINED HEREIN AND IN THE
CITY CODE.'
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WHEREAS, the City. Commission adopted Resolution No. 91-►365
on May 9, 1991, which authorized the City Manager to submit the
Final Statement for the proposed use of Seventeenth Year
Community Development Block Grant Funds to the U.S..Department of
Housing. and, Urban Development;. and -
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WHEREAS, the Final Statement included an allocation..,of
$861?540 to. Metropolitan Dade County,for: the,development_of a day
care center in the Rainbow Village Housing Project in Overtown;_'
and
WHEREAS, the need for the day care center was identified by
the St. Agnes -Rainbow Village Development Corporation; and
WHEREAS, Metropolitan Dade County's Department of Housing'
and Urban Development will implement the development of the day
---� .CITY CQrii�'IISSION
MEETING OF
[r[ DEC 5 1991
tho
8 i� uty�arit6m that #ohs + shall. not raitnburaa
X' adtttiniat'ativacsts incurred in t%O
OFArryin8
f�ut 6 f thi $ 1'tSi (1 •
k
riv��ic�s ter sytt�iant aha:ll be ptepar`ed bar BCO and sub l3:tted
tnont'h. V ` to RC'' when partial payments are :required in,' the
ref implementing the program in section 2 r
ci�urse
nrit to e;tC€ed` the $86,540 1i.ttit
SECTION 5
COMBLIA X WI�'�'Ei�'ED itA�.,S�A'L'B AN�LOC�AL_`Y.�WB t
Both parties shall comply with all. applicable laws,
Ordinances and codes o federal, state and local governments.
SBG.... T O 6
G �?gRAL , doNDITIONS s
p, Al.l notices or other communications' which shall or may be
- regiment shall be -in writing and
given pursuant `to this ' Agreement
shall be delivered' by persona.L service, or by ``registered
inai] addressed to the other party � at the address" indicated
hexeiri or as the same. may be " changed from time
Such notice ' shall be deemed given on the day on which
personally served; or, `if by mail, on 'the fifth"( day
after'`being posted' or. the date o actual receiptswhichev:er
is earlier .'.
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... METROPOLIT"N DADS COUNTY
- CITY OF` I4IAMI DEPARTMENT OF HOUSING and
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DBPARTKM OF COMMUNITY URBAN DgVgIAPlSED1T x'
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DEVELOPMENT`` 1401 gorthwest 7th Street
308' Biscayne Blvd . flay Miami, Florida 33125
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Suite 420
Miami, Florida 33131
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�) Tit -to and Paragraph headings �� ��� conven�.ent reference
and are not a part of this Agreement,
in the event of any conflict between the terms of this
Ar reei lent And.Any terms or conditions contained
tta�hed documents, the terms in this Agreement ehaJ.J. rule• ;
n)o waiver or a -breach of any provision of ths,greemen.;
sha1.1, constitute a waiver of any subsequent breach of the
sameopt any other provision hereof, and no waiver . ahal.l.:be
effective. nlesg made in writing.
`
E) Should ; any p rovisions paragraphs, sentences# word a,, or ,
phrases` contained in this Agreement be determined by a court
of competent jurisdiction to be invalid, illegal, or
`otherwise unenforceable under the Jaws of the State of
:
Florida . or he City- of Miami, such provisions:paragraphs,
sentences, words or. phrases `.shall be deemed. modified 4-0 the",
extent necessary in order to conform with. such :taws , or i f .
=not modifiable to conform with such laws, then same shall be
`deemed` severable and in- either " event, the remaining . terms..
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and provisions of: this. Agreement - shall remain unmodified and
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in., full •force".. -and effect. ;
F) The COUNTY shall comply with' Davis -Bacon wage requirements'
on` all construction, rehabilitation and other labo,
intensive work funded by ,the CITY. The COUNTY further
agrees = to `"administer the monitoring of : the v ~,Davis -Bacon.
"-compliance. requirements,:,and to 'provide° .the CITY .with: copes ,
of `all Davis -Bacon files .on this'. proj ect.- Accordingly, f Fthe
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t 'Gry
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harr �.ess Pram aria against an and a1.1 claims, liabilities
lr sss:s� and uses action which rday &ride out of the COUNTY or
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the CITY&otivities under this Agreement, including
acts or Ornissions to act on the pert of the CCUN'TY, or on the
pant of the COY, inca.ud frig a11y' arson actingfor or in their
behai £, end, from and against orders, j udgements, or decrees
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which may be entered and from against all costs, attorneys' fees,
experis, and liabilities incurred in the defense of any such
claims, or in the in thereof.
SFCTJON 14
CONFLICT OF INTERSST s
The ;,COUNTY covenants, that no person under :its employ. who
presently exercises any functions or responsibilities in
.
connection with _ CDBG funded activities, has . any personal.,
'
financial interest,. direct or indirect, in. this Agreement. The
COUNTY further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall be
emplyea Any isuch intexeets on the part o£ _ COUNTY or its
employees, must be disclosed in writing to the CITY.
COUNTY is aware of the conflict of interest laws of the City
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Dade Count
Miami {City of Miami Code Chapter 2, Article V) , y
of
F]orida F (Dade County Cade Section 2-11-.1) and the State of
Florida, and agrees that it shall fully comply in ala respects.
with the terms of said laws.
..
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SWTI u-�9W s
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The COUNTYa ampl6yees and agents shall be deemed t0 be
independent c�intractors, end not agents Or emp�:r�yee� o£ the ���Y�
end sha 1, not any rights or benefits under the Civi
t
Service or Pen sion Ordinances of the CITY, or any rights
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afforded classified or unclassified employees; f urthe r
yyyl
generally
they shall ' not be deemed entitled to the Florida Workers'
Compensation benefits as an employee Of the CITY.
SION 16
2
TE MIMATION_OF CONTRACTt
This Agreement may be terminated for Cause by either party
at any time upon submission of thirty (30) days written notice.
The City Manager for the CITY, and the County Manager for
the COUNTY, shall make the determination whether there is
sufficient aiuse;to terminate this Agreement.
SECTION 17
NON -DISCRIMINATIONS
The COUNTY agrees that it shall not discriminate as to race,
color, creed , national origin, or handicap in connection .
sex ,
with its performance under this Agreement.
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Furthermore that no otherwise qualified individual shall,
l b reason of his/her. race, sex, `color, creed, national
solely y
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origin, or `handicap, be excluded from the participation in, be
denied benefits of, or be subjected. to discrimination under any
�
r `;or.:actvity receiving federal. financial assistance.
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91 88j'j9
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777777777,
Agreement ofthe . parties tierstt9 retAting to .said.. grant and
Correctly sets forth the rights, dutiss, and obligations of each
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.'to the other - as, of its date. Any prior agreements, promises,
negotiations,_ or representations not expressly set forth in this
Agreement are of no force or effect.
SHCTION 22
ASS09AWS AND CNR'I`iPICATICNS t
r1�rY►�i�irrrrrJaiwr�rrrYYrr,iw.�urwlrr
.... .. ^.
A) No person in the United States shall., on the grounds- of
.
race# color, creed, national origin, sex, marital status or
' handicap, , be excluded from
physical P participation in, be
denied ` the benefits of, or be otherwise subjected to
discirimination under this Agreement and shall :immediately
take any ' measure necessary to correct any such
discrimination and to insure that such discrimination cannot
occur 'in' the future
B) The•! parties shall comply with the' `Housing and Community
Dev elbpment Act of 1974, as amended, Section 109 of Title
VI, of Civil Rights Act of ` 19840' Title VII -of the `Civil
'Rights' Act of 196 d
g 8, Executive'Orders 11046 and Section 3-of
` s.
the Housing and Urban Development Act of 1968 (Section
5,7P1 303 -(E) (l) )
C) The .parties . shall comply with the pxov isions of the; Hatch.
4*.. Act 3s ~amended January 1, 1985, which limit the ',political
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.activity of empXgyees .
A-) ,:The Parties, shall establish safeguards;_ to prohibit „employees
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from using their positions for a purpose`.that is or gives
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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.
E) The
parties_ shall. comply with the following federal
regulations as they may apply to this project. The
regulations are incorporated herein and made a. pant of
hereof by reference.
1)
Flood Disaster Protection Act of 1973 (P.L. 93-234); HUO
'
Lead -Based Paint Regulations, 24 CPA Part 35; Clean Air
Act, as amend ed , 42 USC 2875 et seq.
2)
Federal Water Pollution Control Act., as amended, 33 USC
1251 et seq.
3)
Regulations of Environmental Protection Agency 40 CPR
Part 15, as amended.
4)
Federal Labor Standards, 10 CPR Parts 3, 5 and 5a of
Department of Labor.
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Non -Discrimination Under Title VI of the Civ it Rights
Act -'of '1985.
Uniform Relocation assistance and Real Property
Acquisition•Policies'Act of 1970.
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SECTION 23
AGREEMENT DOCUMENTS
The
parties hereto agree and understand that the : following
list 'o£
documents constitute and shall be hereafterreferred to
as part
of this Agreement.
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A) Guidelines for applicants on Equal Employment Opportunity
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,�1�ilLLtlull.Lty L7GY �.I. Jp�CilL D.4 Vtih �J.7lilti
E) U.'S. Department of Housing and Urban Development Notice CPD=
'75-4 (Annual Report an ReIocation and Tteay: Pxbperty
Acquisition Activities from HUn-7063) .
�1
US. Department of Housing and Urban Development notice
( Request for U. S. Department of Labor Wage Hate
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Determination).
D) Office of Management and Budget Circular A-12, "Uniform
Administration requirements for grants-in-aid to State and
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Local Governments" to Community Development Block Grants.
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E) Circular A-102 Principles for determining costs applicable
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to grants and contracts with State and Local Governments.
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bade County Community Development Block Grant Program
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Affirmative Action Plan.
SECTION 24
C
AMMDHFATS:
No amendments to this Agreement shall be binding on either`
Party unless in writing and signed by both parties.
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IN WITNESS WHEREOF, the partie8 hereto have caused this
instrument to be executed by the respective officials thereinto
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Corporation of the Stoltie of
44
Florida
'tty H.i"
Ceear H. 03
City. Clerk
City Manager
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AR�2(�IED' AS TO FORM AND
CORRECTNESS:.
Metropolitan Dade . County
Byt
A , QU nn Jones .III
Joaquzn Av ono . .
City Attorney
County 'Manager
(SEAL-)
Mar9gal Ader
:.
County Clerk
'APPROVE'D AS' TOINSURANCE
APPROVED AS TO. FORM AND
REQUIREMENTS
CORRECTNESS;
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AlbITY OP MIAMI,
iNT�AobFFiep m9mo lANDUM