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Home My WebLink AboutR-91-0633f.= i F i J-91-690 8/29/91 RESOLUTION NO. 91- 633 , ;r A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGR9EMENT, IN S'U19STANTIAL,LY THE ATTACHED FORM, WITH DADE COUNTY HOUSING AND URBAN DEVELOPMENT FOR A GRANT IN THE AMOUNT bp $850,000, WITH FUNDS, p FROM THE 17TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, FOR THE PURPOSE OF PROVIDING PHYSICAL IMPROVEMENTS AT THE r VARIOUS METRO-DADE COUNTY PUBLIC HOUSING SITES LOCATED WITHIN THE CITY OF MIAMI. �r WHEREAS, the City Commission is desirous of providing financial assistance towards the implementation of needed physical improvements at the Metro -Dade County public housing sites within the City of Miami; and WHEREAS, City of Miami residents living within the various County public housing sites, will stand to benefit from the improvements provided by the County; and WHEREAS, on May 9, 1991, the City Commission adopted Resolution NO. 91-365 which authorized the allocation of $850,000 to Dade County Housing and Urban Development from 17th Year r Community Development Block Grant funds; �i NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: i Section.1. The recitals findings: contained: in the �I Preamble to the Resolution are hereby adopted by reference thereto and incorporated herein as if fullyset forth in this Section. Section 2. The City Manager is hereby authorized to s' 4� execute an agreements/, in substantially the attached form., with Dade County Housing ,and Urban Development for -a grant in the The herein authorization _ is further subject to compliance - with all .requirements that may be imposed by the Cit Attorney including but not limited to those prescribed by applicable City Charter and Code provisions. 7AACHMENTS CONTAINED ..F_ Nzi, 77 iee .#. P� F. amount of $050,000 to provide physical improvements at the f. } { various County public housing t sites located within the City of :t Miami, a Section 3. Funds in the amount of $050,000 are hereby allocated from the 17th Year Community Development glo k 'Grant - Program for the purpose of providing a grant in that amount to Dade County Rousing and Urban Development for physical improvements at the various Dade County public housing sites located within the City of Miami. H Section 4. This Resolution shall become effective `E immediately upon its adoption. PASSED AND ADOPTED this 11th day of September , 1991. a 4 fir. V ATTE XAVI R L SUAREZ, MAYOR . a e MATTYIHIRAI, CITY CLERK COMMUNITY DEVELOPMENT APPROVAL: - FRANK ST A, DIRECTOR - DEPARTMENT OF COMMUNITY----------------------- DEVELOPMENT BUDGET DEPARTMENT APPROVAL: FINANCE DEPARTMENT APPROVAL:lF — MANOHAR S. A, DIRECTOR CARLOS E. GARCIA, DIRECTOR f, — DEPARTMENT 0 BUDGET DEPART T OF FINANCE PREPARED AND APPROVED BY: APPROVED AS TO FORM AND z CORRECT AS OF AUGUST 30, 19,91:.F„ j ;+f - WN r s ALBERTINE B. SMITH O_GE L. ERNANDE rx 4 — CHIEF ASSISTANT CITY ATTORNEY CI ATT EY a err . ABS/gmb/bee/M2446 5 kry i t tit ry�'.m S - 1 r �Y f{ �r ?� F f , and i t i' f A) County Manager and terminate 365 Clays tnerearrer. r `- 8ECTION 4 Fortheimprovements described in Section 2 A (Exhibit 1):of +phis Agreement, it is understood and agreed that the -CITY - shall reimburse the COUNTY, upon submission of itemized invoices by DCHUD to DDHC, an amount not to exceed. Eight Hundred and Fifty Thousand Dollars ($850,000). i �.. B) It, ..is . understood_ .that the ._CITY shall not__selmhurse :the „ COUNTY for any administrative costs incurred in the carrying out of this program. C) Invoices for payment shall be prepared by: DCHUD andY submitted monthly to DDHC when partial payments are ;required _ in the course of implementing the. program described - in _ ,Section 2, not to exceed the $850,000:limit. - t SECTION 5 „� - CO •PLTANCE WITH FEDEi3AL_O STATE AND LOCAL LAWS t - Both.;,parties shall comply with all applicable.v,laws,' ;s �,. ordinances and codes federal, state and local governments. a „of -TION 6 -_ GENERAL CONDITIONS: - A) All notices or other, communications which shall..or, may .be< - given pursuant to this Agreement shall be. in wr3.ting�:and y v y .- Qrea shall -;bey delivered. ce, b personal servior.:b regis - mail addressed to the, other. party:,., atthe address ;indioabed herein or, as :same may b changed . from:: time : 4to ine • - -, , .the Such shall be deemed ; given on,: the, . day a ..notice personally served.;. or, if by mail, on the fifth after be p+casted .or..;the dat+s of act+,lal receipts respect to all matters covered by this Agreement and bCHUb:shall permit the CITY, U.S. HUD and/or representatives of the Comptroller General to audit, examine and make.6udits of all,, contracts, invoiced, material, payroll, records of personnel �- conditions of employment and other data relating to all matters covered by this Agreement. The CITY reserves the right to audit t the records of the COUNTY at any time during the performance of, 1. this Agreement and for a period of. one year after .final payment: is made under this Agreement. The cost of said. audit shall.be � g � borne by the COUNTY. Said documents and .records shall be,. maintained by DCHUD no less than three (3) years after the termination of this Agreement.. The COUNTY warrants that it has not employed or retained any, _ 1{ Irv: person employed by the CITY to solicit or secure this .Agreement h and: that it has not offered to a aid or agreed to a an i pay, P ► 9 PY.. Y „ person employed-, by : the ; CITY any fee,_- commission percentage,,,. f. r brokerage fee;.or gift of any kind contingent upon or resulting T' from the award of this Agreement.a SECTION 11 This.Agreement.shall be construed and enforced according}:to.' t# the laws of the State of Florida SECTION 12 4 j SUCCESSQRS MD,' ASS1 jjNS: This Agreement shall be binding upon ;,the parties ,here�.�n, � : 4 r their successors and -assigns.= ' The'COUNTY and the -CITY shall indemnity -and save-0aph oche r harmless from and,--ragainst any and all claims, fosse$,. and ` causes of ' action which may • arise -cut . df s the, CITY 'r ck v ;ti+as untder this Ac�xaism _ntr,,; .nc 1udtA all _�,00 acts :*r omi.soion$ , to act on- the part , of . the COUNTY, ♦fin)% i i Y �� } 4} r �" < e.Y t a' e;. ,w�'Y: ` x�A � 4j�i�Ulf'',*?# 3?f s•:t lF+M�f 7E� Tl$ r This instrument and Exhibit I constitute the tole and only Agreement of the parties hereto relating to said grant and r correctly sets forth the rights, duties, and obligations of each 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. SECTION,22 - ASSURANCE AND CSSTIFIMIONS:_ A) No person in the United States shall, on the grounds of race, color, creed, national origin, sex, marital status or physical _.,handica b_q. _excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination 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. H) The parties shall comply with the Housing and Community Development Act of 1974, as amended, Section 109 of Title i ;.. VI, of. Civil Rights Act of 1984, Title VII of the Civil_` Rights Act of 1968, Executive Orders 11046 and Section 3 of the Housing and Urban Development Act of 1968 (Section ,t I. 570.303 (E)(1))• The parties shall comply with the provisions of -,the',Hatch C) : a Act as amended January 1, 1985, which limit the political: 75' `activity of employees.` D) The parties shall establish safeguards to prohibit employees' } from using their positions for a purpose that is or gives t j. the appearance of being motivated by desire for private ga,a'` 4. for themselves or others, particularly those with whom they < tr Y �. 4 k have -families, business or other ties.. � r ri E) The parties shall comply with the fgilowing feer�si ` z¢ r regulations as they may apply- to this project Thy regulations are incorporated herein and males s pert N ; ..,_ hereof by reference. .�. t .,,1 -1 _ ya4k df+J� .r 1) Flood Disaster protection Act of 1073 (P.L 93-234); HOD Lead -Based paint Regu ationar 24 CPA part 35; Clean Air , Actr as amended, 42 USC 2875 at eeq. 4 2) Federal Water Pollution Control Actar as am O - 1251 at Beg, 3) Regulations of Environmental protection Agency 40 CPR Part 1.5, as amended. t- 4) federal Labor Standards, 10 CrR Parts 3, 5 and .5a'of Department of Labor. o 5) Non -Discrimination Under Title V1 of the Civil Rights , Act of 1985. 6) Uniform Relocation assistance and Real- Property Acquisition Policies Act of 1970. SECTION 23 ,F AG-RPEMENT DOCUMENTS The parties hereto agree and understand that the -following- 1_�. i list of documents constitute and shall be hereafter referred to; ;P r, as part of this Agreement. A) Guidelines for applicants on Equal Employment Opportunity Community Development Block Grant. B) U.S. Department of and Urban Development Notice CPD- .Housing 75-4 (Annual Report on Relocation and Real Property Acquisition Activities from HUD-7083). { 2Y4"' Department C) U.S. of Housing and Urban Development Notice (Request for U.S. Department of Labor Wage Rate Determination) . D Office of Management and Budget Circular A-102 "Uniform Administration requirements for grants-in-aid to State and H tj Local Governments" to Community Development Block Grants. E) Circular A-102 Principles for determining costs applicable to contracts State and Local Governments. grants and with F) Dade County Community Development Block Grant.'Program ' r n Affirmative Action ` Plan.> No amendments to this Agreement shall be binding on, - party unless in writing and signed by both parties,,' IN WITNRSS WKBRE4f', the parties heretohave caused A instrumentto be executed bythe r�s�+s�tiv'f.I c�fficie]�► th��a��{' �'�� ; oul;Y this the 44Y ,, ,��,��3�� . authozize!d r and Year .first `s��a i�l��tt�►n� � 3S ATTESTS City Cott plot MAtty Hirali C `City; Clerk. APPROVED AS TO FORM AND CORD IRCTNESS t Moti gy = Jorge L•' Fernandez City Attorney APPROVED AS TO INSURANCE APPI REQUIREMENTS CORI Robi Segun oR. Perez Insurance Coordinator Coul Law'Department (SEAL). Marshal Ader j County, C,lerk;` t.. 3" { Y- f 5 1- F,577TE 7 • • F7 911-lq P--Cr:sw plaftnifte Divisioa 'Foe - bes, loril B91 -7-7-a • N� .::t*g e;qw Gm Memy(ll,. Gjgj-CherrTjjajWvv Jack Orr(2) SmtherS Plaza Doan oLbor Placp TdtaL - 9-49 -18 rS-27(:6f .5-27(23) 5-41 5 5-32 53- - overtomm"WaDatah -Overtow OmUW" 4ttle lavau AWcatalL criertomm• - , pDrainagWIWI US1500 4iv a#d, p $12,500 41 t* :$23►000 $135,000 -000 $26 COG $45,802$254,00 tA4h $=,Doe ;-z" 4Feats $10 cooc, :$60AGG UVIC 0 PSO'coo lotaL 4335do Ricloco A27 5Go SWUldL be Used for paintingGma Merry (1) Any limb r=WM 5-27(14) M. under special features at $50,000 (2)'Includes Retillw building Is also avialable at several sites F1 ishad a mone 7 s. -77 §1 A N IA47 X 44- EXHIBIT ORDINANCE NO: 1 0032.�. AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE f HIRING ,AGREEMENT" AND 'SITTING AS A CONDITION ; PRECEDENT To THE EXECUTION' OF CONTRACTS a RESULTING IN THE CRgATION OF NEW PERMANENT JOBS, THE SUCCESSFUL NEGOTIATION OF A "FIRST SOURCE HIRING AGREEMENT" 'BE TWEEN THE PRIVATE ` " INDUSTRY COUNCIL , OF SOUTH -FLORIDA/SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, AUTHORIZED, REPRESENTATIVE OF THE CITY OF MIAML, AND -THE OR cANIZATYON OR INDIVIDUAL RECEIVING. SAID CONTRACT, UNLESS SUCH AN • AGREEMENT'IS FOUND TO BE INFEASIBLE BY THE` CITY MANAGERV AND SUCH FINDING IS APPROVED BY ,TFIE CITY COMMISSION OF THE CITY OF MIAMI, ... ,.�� KITH THE PRIMARY ' BENEFICIARIES OF THIS AGREEMENT "BE-INC ` THE PARTICIPANTS OF .THE_:C.ITY:_._. _ ' ' OF MLAMIi ?RAINING AND EMPLOYMENT PROGRAMS AND OTHER RESIDENTS OF THE CITY OF MIAMI; •- �'=' CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. " WHEREAS, the City Commission has' declared its intent •• ••"that public =projects that are financed by public funds CETK' P P artici ants; who are en'ligible are to be,.given priority" (Motio, 83-1018, November _16, 1983), and; 2 WHEREAS, the City CommissLon.13 dgsirous.or supporting' :.. the concept of "First Source Hiring Agreement",' Hhich would giYe priority employment to City of Miami training and employment• participantsi hiring situations resulting from the supportoi ublic funds, from or through thew,Ci•,�y` and/or special privileges P { granted by the City of Miami, and; WHEREAS, the City Commission` passed a Resolut'ion t •• 'restablishing' an advisory cgmmittee to recommend aj "First Source 1 flfring Agreement" policy f.or'Limp1ementation by'" the Cita of `'Mizaco! and a" opting certain individuals to nerve'` on that' +comm'ittea"i pp.! (Resolution' No. $4-898, J • culy 3 r tRes 1984) , and Nti1=REAS, the City commission of the City A of Hia�oi ashes to assure continuing employment opportunities of readent`a ' of, the city cif Miami, and; 4 ' 7 NHER£AS,' the authorized representative shall4, hegetialxe� i the terwa ��' the "I:irat Source Hiring Agra+manke" .oh a= pr��aet b• 4 � kF ` . tx L� i a ; t •• ! 1 • e!r• pt•} -.f t. •S• fOR 't trlC 4« ..s••' zC a (tl VrttMRS ��►�#V'i�-T war �ro :_q: .. , •. _,. .• 7'P t'!''$?t �r•,7sR••�s ..«Ee,.�rr .m 1 t pFa j"eeb, basis With the recipient of +contracts fai- taeilitiea; `3,ervtoes„and/for grants and loans rrom er through the`•4,City of a •, li11EhEAS, 'those, Organizations and individuals rec+eivin ,eonLracts for..tatilities, services and/or grants and leatis; fiord r r Or through the City of Miami should participate in the "First -Source !tiring Agreement" as .it - is in the best interest .or said • .'parties and City of Miamiresidents, and; wittins, for the purpose of this resolution, contracts �z for 'fanilities, 'cervices anal/or grants and loans with the City or 1 Miami are'`detihed in Section 2 of this Ord-inan'ce, and; ' WHEREAS, ;those organizations or individuals receiving the identified' public funds, by the receipt of contracts 'for i f'ac-ilitfea, ser-v-ices. and /_or__gr.an_ts .end loans would be required, } precedent'- to , the execution of said contracts to enter , into a negotiations with the authorized representative, as defined•` n Section ,2 of the Ordinahce� and to; -arrive 'at a "First Source Hiring Agr'eement'f- which is satisfactory to both parties, and; ' . WHEREAS, the special duties -and responsibilities of the ' au•th.orized representative *necessary . -to implement 'IF.irst- Source _ of Hiring' '`Agreements" are spelled out in the -:provisions .a•Resolution being considered for adoption by the City Commission -on: June..13 , .1985 t >:and WHEREAS,` a 'model "First, .Source Hiring Agreement" attached �herewith,. for illustrative; purposes only; Ty j y a3 NOW " THEREFORE, BE IT ORDAINED 8Y THE COt4MISSIOt� i f OE TCiE CITY OF :MIAMI� FLORIDA _.. �. r Ltit Section ) That this: Cgmission hereby ".;apFroYes,u �•,y :- implementation .;or the "First Source Hiring:Agreement" policy and • -,;;r: -trequi.res as a . _condition � precedent to the 'ei. ecutiQh' ;0f ;,ee � } -contracts r for facilities, services, and/or receipt of gra'nks ati ., loans; fOr:projects of: a nature:' that create.- new„ -jobs the .:,• successfuh; negotiation of First,L� Source.. Hiring .ABrieet between t#ie organs zaticn or individuals cojit ,,and the authorized representative unlesa� •a�uch an agreement r R � round infeasible by the City Manager and au�ch finding 'approxet bi ' _'� x, 6 *# a the City Coami s3ion Of the City or Miami .at 8 pub,lia he's17iIlR f f r � _ . - t a . a r I t xi +as +fr ' tat .. � •e • s• +R s w• r s • l..ur . e *a • ..� ,�. wr •rraa 0_ e ! x^ .:e • agn.[e 4e it ♦ ,aan •• s ffMtllAleRl144'�A �1�T # � 1ln4�t R*`aR4ff.w 4 . X }4