HomeMy WebLinkAboutR-91-0190RESOLUTION NO. 91— 1.9 0
A RESOLUTION, WITH ATTACHMENT(S),
AUTHORIZING;"m THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH METRO-DADE COUNTY TO
N Y A 15 000
PROVIDE TO METRO-DADE COU T $ ,
GRANT AS THE CITY'S CONTRIBUTION TOWARD
THE CONSTRUCTION OF A DOMINO KIOSKO FOR
SENIOR CITIZENS AT THE EUGENIO MARIA
DE HOSTOS WYNWOOD ELDERLY CENTER OWNED BY
METRO--DADE COUNTY AND OPERATED BY A CITY -
FUNDED AGENCY; ALLOCATING FUNDS THEREFOR
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FOR SAID GRANT, IN THE AMOUNT OF $15,0001
FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM.
WHEREAS, the City Commission is desirous of improving the
quality of the public services to the elderly residents in the
Wynwood neighborhood target area; and
WHEREAS, the Eugenio Maria De Hostos Wynwood Elderly Center,
located at 2902 Northwest Second Avenue, is operated by a City
supported agency for residents of the Wynwood Community; and
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WHEREAS, Metro -Dade County which owns the facility has agreed
to expand the center by building a Domino Kiosko for elderly
residents with the financial assistance of the City; and
WHEREAS, Metro -Dade .:ounty will provide $10,300 of the total
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project cost of approximately $25,300 and the City had previously
agreed to contribute $15,000;
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NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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Section 1. The recitals and findings contained in the
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Preamble to this Resolution are hereby adopted by reference
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thereto and incorporated herein as if fully set forth in this
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Section.
Section 2. The City Manager is hereby authorized to enter
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into an agreement, in substantially the attached form, with
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Metro -Dade County to provide to Metro -Dade County a grant in the
amount of $15,000 representing the City's contribution toward the
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construction of a Domino Kiosko at the Eugenio Maria be Hoatos
Wynwood Elderly Center owned by metro -Dade County and operated by
a City -funded agency for elderly residents of the Wynwood
neighborhood.
Section 3. Funds for the herein grant in the amount of
$15,000 are hereby allocated from the Community Development Block
Grant Program.
Section 4. This Resolution shall
immediately upon its adoption.
PASSED AND ADOPTED this - 14th day of
ATTES
I a.& 04�
MATT Y HIRAIr CITY CLERK
BUDGET DEPARTMENT APPROVAL:
$0 . WWAIN 11
DEPARTMENT OF G
FINANCE DEPARTCENT REVIEW AND
APPROVAL:
EARLOS-EOGARCIA,, DIRECTOR
FINANCE EMPARTMENT
COMMUNITY DEVE NT PROVAL:
FRANK CAS TANECA, IRECTOR
DEPARTMENfr OF COMMUNITY DEVELOPMENT
PREPARED AND APPROVED BY:
Al
ALBERTINE B. SMITH
2 CHIEF ASSISTANT CITY ATTORNEY
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APPROVED AS TO FORM AND CORRECTNESS:
become effective
March 11 1991.
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HCOPE OF SERVICESt
A. DADE COUNTY shah construct a Domino Kiosko at the Eugenio
Maria De Hostos Wynwood Elderly Center located at 2902 ,N.W.
2nd Avenue in the Wynwood neighborhood of the City of Miami.
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H. DADE COUNTY shall contribute no less than $10,300 towards
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the implementation of this project.
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C. DADE COUNTY shall construct this project through.. its
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Department of Development and Facilities Management,_
therefore making mandatory compliance with the Davis -Bacon
Act unnecessary.
III.
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CO_MPE_NSATIONs
A. CITY shall pay DADE COUNTY $15,000 in the form of-a`grant as
thei CITY'S contribution towards the development of this
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joint CITY and DADE COUNTY project.
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B. Such-compensationshall be "paid upon • appropriation by ;
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Resolution- or Ordinance by DADE COUNTY of .an amount no less
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than`=$10 300''to be contributed by DADE` COUNTY'�towards thiq.
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IV,
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OM LzANCP_ WITH �'BDERAL,_ . STATE AND LOCAL_ LAVIS :
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Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments,
V.
GENERAL CONDITIONS:
A. All notices or other communications which shall or may be
given pursuant to this Agreement shall be in writing and
shall be delivered by personal service, or by registered
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mail addressed to the other party at the address indicated
herein or as the same may be changed from time to time.
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Such notice shall be deemed given on the day on which
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personally served; or, if by marl, on the fifth day after
being posted or the date of actual receipt, whichever is
earlier.
CITY OF MIAMI METRO-DADE COUNTY
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Community Developmemt Metro -Dade County
1145.N W. llth Street 111 N.V. let Street
Miami, Florida 33136 Miami, Florida 33128
B. Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
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C. In the event of conflict between the terms of this Agreement
and any terms or conditions contained in any attached
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documents, the terms in this, Agreement, shall rule.
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�. No waiver or breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or
any other provision hereof, and no waiver shall be effective
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unless made in writing.
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Should any provisions, paragraphs, sentences, words Or
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reement be determined by a cour
phrases contained in this Agt
of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of.
Florida or the City of Miami, such provisions, paragraphs,
sentences, words or phrasesshall be deemed modified to the
extent necessary in order to conform with such laws, or if
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not modifiable to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and
in full force and effect.
VI.
CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according, to
the laws of the State of Florida.
.. VII .
SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors, and
assigns.
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NO9MNIVICATION:
BADE COUNTY shall indemnify and save CITY harmless from and
against any and all claims,liabilities, losses, and causes o f
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action which may arise out of the activities contemplated uncles
this Agreement, including all other acts or omissions to act on
the part of DADS COUNTY, the CITY, or CITY employees, including
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any person acting for or on its behalf, and, from and against any
orders, judgments, or decrees which may be entered and from and
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against all costs, attorneys' fees, expenses and liabilities
incurred in the defense of any such claims, or in the
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jinvestigation
thereof.
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IX.
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TERMINATION OF CONTRACT:
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CITY retains the right to terminate this Agreement at any
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time prior to the completion of the services required pursuant to
paragraph II hereof without penalty to CITY.
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NONDISCRIMINATION:
DADE COUNTY agrees that it shall not" discriminate as to
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color, creed, national origin, or handicap in
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race, sex,
connection with its performance under this Agreement.
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Furthermore that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
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origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
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activity receiving federal financial. assistance.
program or
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DEFAULT PROVISION:
In the event that DARE COUNTY shall .fail to comply with each
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and every term and condition of this Agreement or fails to
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perform any of the terms and conditions contained herein, then
CITY, at its sole option, upon writtgn notice to DADE COUNTY may
cancel and terminate this Agreement.
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ENTIRE AGREEMENT:
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This instrument and its attachments constitute the sole and
only Agreement of the parties hereto and correctly sets forth the
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rights, duties, and obligations of each to the other as of its
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prior agreements, promises, negotiations,. or
date.- Any
representations not expressly set forth in this Agreement are of
no force or effect.
XII.
CITY EMPLOYEES:
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DADE COUNTY and CITY agree that pursuant to Section 163.01
9(a), Florida Statutes all of the privileges and immunities from
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liability; exemptions from laws, ordinances, and rules; and
pensions and relief, disability, workers' compensation, and other
benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of any public agency
U when performing their respective functions within the territorial
limits for their respective agencies shall apply to the same
degree and extent to the performance of such functions and duties
of such officers, agents, or employees extra territorially under
the provisions of any such interlocal agreement.
XIII.
AMENDMENTS:
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunta
duly authorized, this the day and year first above written.
CITY OF MIAMI, a municipal
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CITY Or MIAMI, PLOA10A
INTP-R-OFFICE MEMORANDUM
to . Honorable Mayor and Members
of the City Commission
Prank Castaneda, Director
Department of Community
Development
RECOMMENDATION:
WE :
FILE :
SUBJECT: Vesolution Approving an
Agreement with Metro
Dade County for $15,000
REFERENCES :Wynwood Elderly Center
ENCL08UnEr)C.lty Commission Meeting
It is respectfully recommended that the City Commission approve
the attached resolution authorizing the City Manager to enter
into an agreement, in substantially the attached -form, with
Metro -Dade County in the amount of $15,000 representing the
City=s contribution towards the construction of. a Domino Kiosko
at the Wynwood Elderly Center.
BACKGROUND:
The Denartment of Community Develonment has anai_vzed the nPPd to
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y. CITY OF MIAMI, FLORIDA
INTMOPPICE MEMOAANDUM
TO Honorable Mayor and Members DATE : �A �- 4 FILE
of the City Commission
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susJEct: Resolution Approving an
Agreement with Metro
Dade County for $15,000
FROM : REFERENCES :Wynwood Elderly Center
Cesar H. Odio
City Manager ENCLOSURESCity Commission Meeting
March 14, 1991
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RECOMMENDATION:
It is respectfully recommended that the City Commission approve
the attached resolution authorizing the City Manager to enter
into an agreement, in substantially the attached form, with
Metro -Dade County in the amount of $15,000 representing the
City's contribution towards the construction of a Domino Kiosko
at the Wynwood Elderly Center.
BACKGROUND:
The Department of Community Development has analyzed the need to
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enter into an agreement with Metro -Dade County in the amount of
$15,000 as a grant for the construction of a Domino Kiosko at the
Wynwood Elderly Center located at 2902 N.W. 2nd Avenue (Eugenio
Maria De Hostos Senior Citizens Center).
In 1990 the Department of Community Development which owned a
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small parcel of land adjacent to the Wynwood Elderly Center, sold
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this. property to the Department of Development and Housing
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Conservation. It was agreed at the time that proceeds from this
transfer of $15,000 would be set aside by Community Development
for the proposed implementation of the Domino Ki(�'Sko as requested;
by the community.
Dade County expressed the interest, to develop this project once:'
County funds were appropriated. Currently, Dade County has
identified $10,300.from its Capital Outlay Reserve account to be
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used for this project. Along with the City's financial
contribution, the County will soon be in the position to begin
implementation of this project estimated to cost $25,000.
Attachment:
Resolution
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