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Home My WebLink AboutR-91-0632...46 J-91-691 S/30/91 9 632 RESOLUTION No. - A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN i SUBSTANTIALLY THE ATTACHED FORM, WITH THE PUBLIC HEALTH TRUST OF bADE COUNTY, FLORIDA+ FOR A GRANT IN THE AMOUNT OF $600,000 TO PROVIDE THE CITY'S INITIAL FINANCIAL CONTRIBUTION TOWARDS THE CONSTRUCTION OF A NEW TRAUMA CENTER FOR JACKSON MEMORIAL HOSPITAL, CONSISTENT WITH THE PLEDGE OF SUPPORT IN RESOLUTION No. 89-830 ADOPTED 5EPTE149ER 14, 19$9, AND ALLOCATING FUNDS FOR SAID GRANT IN THE AMOUNT OF $300,000 FROM THE 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND IN THE AMOUNT OF $300,000 FROM THE 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. i WHEREAS, the City Commission approved Resolution No. 89-830 on September 14, 1989, officially endorsing the concept of a new trauma center and further pledging to contribute $300,000 per year for five years; and WHEREAS, the City Commission approved Resolution No. 91-246 on March 28, 1991, which reallocates $300,000 from the 15th Year Community Development Block Program to Jackson Memorial Hospital for the new trauma center; and WHEREAS, on May 9, 1991, the City Commission approved the final recommendations of the 17th Year Community Development Block Grant Program through Resolution Nq. 91-365,, which contained an allocation of $300,000 for Jackson Memorial Hospital; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY- OF MIAMI, FLORIDA: f i Section.I. The recitals and findings contained �in the Preamble to this Resolution are hereby adopted by reference F thereto and incorporated herein 'as if fullyset forth in this - Section. w Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the, attached form, with +: E �,.._.,cm ATTACHMENTS CONTAINED e 3 . yl !' --------------- PULI - 1991 by and betvei of the state of Flo - and the PUBLIC HHA AND INST tUMBNTALI7 referred to as "TRU fi" .i yearo.a►d three hundred thousand ($300,000� payable per year thereafter, subject to the avaiiability of funds and formal pprb'va1 :by the City Commission to all future allocations= �'he Cf Y'S finanoial co tribution of $1.5 million dollarsis designed to support the construction of the new i;25 million. f �. dollar Trauma Center at Jackson Memorial Hospital,, which' i will provide emergency medical services to City and Countywide resident Since Jackson Memorial is the only, public. hospital in the County, these services will dire,c.tly benefit the low/moderate income residents of the .CITY. The CITY' S funding will. be used solely for ,the purchase of : fixtures and equipment, excluding installation. Nofunds _ - will be u'se'a fo_'-de': molit"ion, constru�aon; rehabilitation -or- - other labor activities that would require compliance with. - the federal regulations.of the Davis -Bacon Act. 1.2 14ETHOD OF::pAYKgltTs - The CITY will: reimburse. the TRUST for equipment purc,ha.ses, upon;presentation:ofapproved,'invoices. ■ ARTICLE II 2.1 TERIs OF AG&BEMENT: The term of this, Agreement shall be for a,period of foar (4) years from.rJulg 1.,; 1991. to June- 30►. 1995, subject to cancellaticn;as-hereinafter provided. ;. 2.2 CITY AUTHORIZATION: For the purpose of thi Agreement, the: City ofy„ Miami;, =Y`. ent, (herei.n�fter the Department Hof: Community . •D.eyelop:nNO -` "DEPARTMENT") wi'll act on .behalf. of the CiTX .>tl ; the fi cal -� control, and m:odifi.cat3on hia. Agreemeatt, ,exae.pt s� S otherwise'- Provided by this. ,Agreement,. ;£ r�. 2.3 ENTIRE AGR$ENSM -c Thin instrument..: and ,its attachments com�a.titu.te. the eoed on7.y ;Agreement- of . the parties hereto, relating tQ. ;ani.d p iR ' g N and.,cpr +�etly, sets the;, righte, duti.�ra, end ob�.i<g tioHe TZT .fcxt# of each to the other as of its date. Any prior v ,• `i a eo�tt�etion with ita performance under this Agreemanta s, PURTHERMOR91that nb otherwise qualified individual shall, eelaly by reason of his/her raCfai sex, colts creed, age's k hat16nal origin, or` handicap, be excluded from the participation int be denied benefits of, or be sabjacted to dilia ritaination under any program or activity receiving federal financial assistance. " 4.2 3 COSPL CT Of INTERBST: .� a) The TRUST' covenants that no person under its employ who t presentlyexercise`' any functions or responsibilities in connecting with this Agreement has any personal financial interests, direct or indirect, with CITY. The TRUST further covenants that, in the performance'of } this``Agreement no person having such, conflicting interest shall` be employed.` Any such interests on the part'of"'the TRUM or its employees, must be disclosed in writing to CITY. t) The TRUST is aware '.of the conflict of` -'interest: laws �of; ' the City of Miami' (City of Miami `Code' Chapter 2;' A7rt'icle V) D'ade County Florida "(Dade• County Code 3ectic"n '"2.= and the `State of Florida; and agrees,'that"tit `shall fully comply in all respects with the terms of'said -law.' t 4 3 IHDENRIF.ICATI01r, S�F The TRUST shall i`nd"emnify and save CITY i'ta' a officials and, ;' r employees'' harmless'" from and against'- eny' and all" c`laids,': " liabilities"; `loans•, 'and' causes of action which- mey°``arise fr. out ''`''of the"` TRUST'S activities` under thi 's Agreement, including' ..all of"her;acts or o`missi'one <to act o'n ':the'pat`of. "< t t k the TRUST, including any person ac`t'ing` fot - or ' on _ its ' behel f;' fi ftom and against any relevant damage$, orders:, judgement$,' ` ,0 y and ora.dvcreeewh,ch'a he entered againat CITY; and from �I "including. -`oo against all `'c"osts attorneys fees defena�s, ' or inveeti atiOn and 4f 8'Y.. aP ew l tergwti K�{{ expenee�a, end liai?i�l .t .eis ` i.ncur'red �y the CI'i' io, t i k dufenes .ef day ddch �i`niM or'`ia the iQ t }I•.i Y>. _ ,.r _ E {k . .. _ t -._ .i .4, f.,i _�.3 fi.35 .,, �`h3{#t��- �Vk -, ar the day on Whieh personally' served; or if by mail, on ttiei`fth' day after being p6gted or the 'date of actual redeipt, wth3.chever ie earlier. CITY off.. MAM' THE TRUst, bepartment of Ccii[nunity Public Health Trust Developmentof Dade County, Fla. 1145 N.W. 11th Street Jackson Memorial Miami, Florida 33136 Hospital 1611 N.W. 12th Avenuele _. Miami, Florida 33136 b) Title and paragraph headings are for convenient reference and are not a part of this Agreement. :r c) In the event of conflict between the terms of this Agreement and any terms or conditions contained in any i - - - a-ttache-d- doeumen-te-, -'the---- terms- ire--this--Agreemen-t sha-11 _ y control. d) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of r.. the same or any other provision hereof, and no waiver shall effective unless made in _writing. .be a 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 ' under the laws of the State or otherwise unenforceable u of Florida or the City of Miami, such provisions, S_ paragraphs, sentences, words or phrases shall be deemed _j modified to the extent necessary is order to conforM with such laws, or if not modifiable to conform with �' Al such laws,' then same ^ shall be deemed severable, and in ry ski?. either event, the remaining terms and provisions of this S; �tf g Agreement shall remain un-modified in full force andih a effect. �4 4 4-14 INDEPENDENT CONTRACTOR: •' • employees and agents shall ba deem+�d 1Jo� e TRUST and its ` be independent and not apats . or eta l ►ass v �_ _CO�iTRACT4RS L `y not attain any rights or CITY, and $fall benefits under the = Fti�' Civil Service Qr Pension Opdinoncee of `CITY; or _ony r Rhte geDsral .y ,afforded sslgasifivd or unc sssifl.ed .�m�ln eg # y r a = 5 {t@ further they, ohall not be deemed entitled to the plorida Vtdrlter's <Comp+�nsation benefits as an employee of . Cl'Ys 90CH88018 kni AS ICii ; This Agree►ent shall be binding upon the parties hereitsw _ their heirgt executors,legal representatives, succesetis, and assigns. 4.16 _DEFAULT'ROYISIONS: - that the TRUST shall fail to comply with each In the event term and condition of this Agreement or fails to and every and conditions conta the termsined herein, perform any of its sole- option, upon written notice to the then CITY at r' and terminate ..this Agreement,. and all TRUST, may; cancel- other compensation paid to the TRUST paym�ntn, advan,ces��or by CITY while the - TRUST was in default of the provisions shall be forthwith returned to CITY and herein contained ;; shall,, accrue interes as , the; rate of , until so "repaid - j #j percent (18%)'per':annum,,O ,such higher.ra a as may eighteen r atutes by Chapt-er.687► Florida:St.- �4 be affordedandwallowed ARTICLE Y THE TRUST:CBRTIFICATI01tSe. 5.1 The TRUST -,certifies that: the legal -authority to e'nte:r,,, .into this �t- poss:esaee .. . by' way., of... :a.' ..reaol.utic,a�::.otiopr ;,Ar �,. ,. Agreement" Sim action that has:been,duly.adopted or passed .. , official act of'.'the. TRUST'S <gove.r"ning bodq, 4 �- as an -:° the .. `.Agreemsri r r^ the execution of authorizing r, understandings and a.ssurance� a ;T including all k and directing and authorizin8 tho5 herein, s — contained identified as' -the official represeatative eraoa _ theTRUST t0 act in connection .Mit.h .the Age ote�lt t adds tonal. informntiom and to provide ouch r } be required. 1 t f b) It will domply with the provis"fia of the Hatch Act Which limits the political activity of empl'oye�s. c) It shall prohibit employees from using their positions for a purpose that is or gives the appearanpe of being motivated by desire for private . : .r $ain for themselves or others, particularly those with whom they have family, business, or other ties. d) It will comply with the Civil Rights Actas amended. e) Appropriate standards for health and safety in work ' and traning situations will be maintained. _ f)^ It will comply with the regulations and a: requirements of the Office of Management and Budget 4 "Uniform Administrat Circular A-102ion , Requirements for Grant -in Aid to _State and Local k' Governments" and Federal Management Circular 74-49 ` "Principles for Determining Costs Applicable to Grants and Contracts with State and Local Government' g) It Will comply With the Anti -Kickback Act, Title '. 180 US0 Section 874, and provisions of'the Federal y '. Labor Standards; Title 29. IN WITNESS WHEREOF, the . parties hereto have caused thus instrument to be executed by the.respective officials thereunto ^{. duly authorized on the first date above written. " ;k CITY OF MIAMI', a municipal k x Corporation of the State o'f s Florida; t } xT ATTEST: z3 NATTY liIRAI CESAR H• QDIO CITY' CLERK CITY MANAG x t a { 4 ¢ 1 - s2_ i-x A_x 4Tib fi Sx. , i4 t Ants SUB�GRANfi'EE: PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA - h. BY of _ — IRA C. CLARK, PRESIDENT S E_.._... TARY CRE APPROVED FOR SUFFICIENCY AS TO APPROVED FOR LEGAL SUFPaIENCY. INSURANCE'"AND "LIABILIfiY BY THE AND FORM BY THE DAbE COUNTY ADMINISTRATION, RISK MANAGEMENT, ATTORNEYS OFFICE JACKSON KSKORIAL HOSPITAL DATE _. DATE — : APPROVED AS TO FORM ANDr CORRECTNESS: Fs = JORGE ;L. FERNANDEZ CITY ATTORNEY �APPR4�TEDAS.TO IN REQUIREMENTS: .:; SEGUNDO PEREZ INSURANCEr CAORDINATOR .rk 5 r M , ' y j .t. 1 i �e4 it i}Pfi f 4 f 1 to s 011"Y OP MIAMI, 01.6n.1DA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of• th City Commission Cesar H. Cdio City Manager AUG 2 31991 DATE ` Resolution Approving an Agreement with the Public suarct : Health Trust of bade County, Florida AeF9RENCrEC;ity Commission Meeting of September 11, 1991 s ENCLOSUR6 : 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 the Public Health Trust of Dade County, Florida, to provide for the City's initial financial contributions of $600,000 towards the construction of a new trauma center for Jackson Memorial Hospital. BACKGROUND: The Department of Community Development has analyzed - the need to enter into an agreement with the Public Health Trust of Dade , County, Florida, to provide funds in the amount of $600,000 as { the City's initial financial contribution -towards the construction of the new $25 million dollars trauma center at f: Jackson Memorial Hospital f On September 14, 1989, the City Commission adopted Resolution No 89-830 which officially endorsed the concept of a new trauma w center' and further pledged financial support in the amount of $300,000 per year for five years for a total commitment of $1.5 -i million, In March, '1991 the City Commission directedthe.administration,to reallocate $300,000 of 15th Year CDBG funds, previously'.`set aside #, for the purchase of Camillus House, to be earmarked for Jackson s Memorial Hospital. Another $300,000 was recommended and approved from the I7th'Year CDBG program adopted by Resolution No. 91-365. The $600,000 approved to, date represent the City.'s initial �. financial- support, implementing Resolution 89-830 which pledges _ City 'funds for this purpose. x c, � K i 5 � r r qx xr ' s i Pf.e5av at$Ei