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HomeMy WebLinkAboutR-90-0865I J-90-933 10/30/90 0- 865 RESOLUTION NO., A RESOLUTION, WITH ATTACHMENT(S), ALLOCATING $183,600 OF FY'90 EMERGENCY SHELTER GRANT FUNDS TO METROPOLITAN DADE COUNTY FOR THE OPERATION OF THE BECKHAM HALL SHELTER FOR THE HOMELESS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY IN REGARD TO THE SHELTER'S OPERATION. WHEREAS, the City Commission adopted Resolution No. 90-130 on February 7, 1990, which authorized the City Manager to submit a grant application in the amount of $292,000 to the U.S. Department of Housing and Urban Development for the 1990 Emergency Grant; and WHEREAS, Resolution No. 90-130 further directed that the application for the 1990 Emergency Shelter Grant include $242,000 for the operation of Beckham Hall, an emergency shelter for the homeless, jointly operated by Metropolitan Dade County and the City of Miami; and WHEREAS, the 1990 Emergency Shelter Grant application included $58,400 to cover personnel costs of City Staff providing direct services at Beckham Hall and $183,600 to cover operating expenses at the shelter; and WHEREAS, Metropolitan Dade County administers funds for the operation of Beckham Hall; and WHEREAS, said Emergency Shelter Grant application has been approved by the U.S. Department of Housing and Urban Development; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. 'ATTACHMENTS I CONTAINED CITY COMOSSION MEETING OF .. N 0 V 8 1990 09 0 :�. Section 2. An amount of $183,600 FY190 Emergency Shelter Grant Funds is hereby allocated to Metropolitan Dade County. Section 3. The City Manager is hereby authorized to execute an agreementl/, in substantially the attached form, with Metropolitan Dade County, to operate Beckham Hall Shelter for the Homeless. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of November 0. ATTEST MATTY IiIRAI, CITY CLERK BUDGETARY REVIEW: OR ' DIRECT • , • c \iET COMMUNITY DEVELOPMENT REVIEW: FRANK CAST DA, IRECTOR DEPARTMENT OF COMMUNITY DEVELOPMENT PREPARED AND APPROVED BY: ALBRRT`rNE S. SMITH CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JCIRG9 L . ERNANDEZ CITY ATTQANEY M1846 .VIER L. SUAR!EZ, MAYOR FINANCIAL REVIEW: CARLOS E GARCIA, DIRECTOR FINANCE DEPARTMENT The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. - 2 - 90- 865 0 0 MEMORANDUM OF AGREEMENT This Agreement made and entered into this day of , 1990, by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "CITY"), and Metropolitan Dade County, (hereinafter referred to as the "COUNTY"), both of whom understand and agree as follows: WITNESSETH: WHEREAS, the CITY was awarded $292,000 from the U.S. Department of Housing and Urban Development (HUD) for an Emergency Shelter Grant Program; and WHEREAS, the COUNTY is operating the Beckham Hall Residential Shelter to provide emergency shelter and other services to the homeless in the City of Miami; and WHEREAS, the City Commission adopted Resolution No. 90- at its meeting of November 8, 1990, which allocated $183,600 of the aforementioned Emergency Shelter Grant to the COUNTY to operate the Beckham Hall Residential Shelter and authorized the City Manager to enter into agreement with the COUNTY for this purpose; and WHEREAS, both parties are agreeable to providing funds for carrying out the activities identified, under the terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the promises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the CITY and the COUNTY do mutually agree as follows: SECTION I. DEFINITIONS: For purposes of this Agreement, the following names shall be abbreviated as follows: CITY City of Miami COS Metropolitan Dade County 90- 865 DCOCED Dade County Office of Community and Economic Development ESGP Emergency Shelter Grant Program SECTION II. It is understood that the CITY and COUNTY shall carry out the following activities to implement this Agreement: A. CITY shall provide funds to the COUNTY in the amount of $80,000 from the CITY's 1990 ESGP, Grant Number S-90-MC-12-0002, for the COUNTY to operate the Beckham Hall Residential Shelter.. B. DCOCED shall submit periodic status reports to CITY describing the progress in carrying out the program. SECTION III. TIME OF PERFORMANCE: The Time of Performance shall be from , 1990 through 199. SECTION IV. METHOD OF PAYMENT: A. It is understood and agreed that the CITY shall reimburse the COUNTY, upon submission of itemized invoices by DCOCED to CITY, an amount not to exceed One Hundred Eighty Three Thousand Six Hundred Dollars ($183,600). B. It is understood that the CITY shall not reimburse the COUNTY for any administrative costs incurred in the operation of the Beckham Hall Residential. Shelter. C. Invoices for payment shall be prepared by DCOCED and submitted to CITY, not to exceed the $183,600 limit. SECTION V. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWSs Both parties shall comply with all applicable laws, ordinances and codes of federal, state and .local governments. SECTION VI. 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 mail addressed to the other party at the address indicated herein or as the same 9Q-- 865 - 2 - 0 0 may be changed from time to 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 of actual receipt, whichever is earlier. City of Miami 3500 Pan American Drive Miami, Florida 33133 Metropolitan Dade Count Office of Community and Economic Development 140 West Flagler Street Suite 1000 Miami, Florida 33130 B) Title and Paragraph headings are for convenient reference and are not a part of this Agreement. C) In the event of any conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shalt rule. D) No waiver or a 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 unless made in writing. E) Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise i unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shalt be deemed modified to the extent necessary in order to conform with such laws, or if 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. SECTION VII. OWNERSHIP OF DOCUMENTS: All documents developed by the COUNTY under this Agreement shall be available for review by the CITY without restriction or limitation. The COUNTY agrees that all documents maintained and generated pursuant to this contractual relationship between the CITY and the COUNTY shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any 90-- 865 - 3 - 9 information, writings, maps, contract documents, reports or any other matter whatsoever which is given by the CITY to the COUNTY pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the COUNTY for any other purposes whatsoever without the written consent of CITY. SECTION VIII. NON-DELEGABILITY: That the obligations undertaken by the COUNTY pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless the CITY shall first consent in writing to the performance or assignment of such service or any pact thereof by another person or firm. SECTION IX. AUDIT RIGHTS AND INSPECTIONS: At any time during normal business hours and as often as the CITY, U.S. HUD and/or the Comptroller General of the United States may deem necessary, there shall be made available to the CITY, U.S. HUD and/or representatives of the U.S. HUD or Comptroller General for examination all COUNTY records with respect to all matters covered by this Agreement and COUNTY shall permit the CITY, U.S. HUD and/or representatives of the Comptroller General to audit, examine and make audits of all contracts, invoices, 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 the records of the COUNTY at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. The cost of said audit shall be borne by the COUNTY. Said documents and records shalt be maintained by COUNTY no less than three (3) years after the termination of this Agreement. SECTION X. AWARD OF AGREEMENT: The COUNTY warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any 90- 865 - 4 - 0 person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. SECTION XI. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the taws of the State of Florida. SECTION XII. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their successors and assigns. SECTION XIII. INDEMNIFICATION: The COUNTY shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the COUNTY's activities under this Agreement, including all other acts or omissions to act on the part of the COUNTY, including any person acting for or on its behalf, and, from and against any orders, judgements, or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. SECTION XIV. CONFLICT OF INTEREST: The COUNTY covenants that no person under its employ who presently exercises any functions or responsibilities in connection with ESGP 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 employed. Any such interests on the part of COUNTY or its employees, must be disclosed in writing to the CITY. COUNTY is aware of the conflict of interest taws of the City of Miami (City of Miami 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 respects 90- 865 - 5 - with the terms of said laws. SECTION XV. INDEPENDENT CONTRACTOR: The COUNTY's employees and agents shall be deemed to be independent contractors, and not agents or employees of the CITY, and shall not attain any .rights or benefits under the Civil. Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to the Florida Workers' Compensation benefits as an employee of the CITY. XV I . TERMINATION OF CONTRACT: 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 cause to terminate this Agreement. SECTION XVII. NONDISCRIMINATION: The COUNTY agrees that it shall not discriminate as to race, sex, color, creed national origin, or handicap in connection with its performance under this Agreement. Furthermore, that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. SECTION XVIII. MINORITY PROCUREMENT COMPLIANCE: The COUNTY acknowledges that it has been furnished a copy of Ordinance No. 10536, the Minority Procurement Ordinance of the City of Miami, and agrees to comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 90- 865 6 SECTION XIX. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. SECTION XX. DEFAULT PROVISION: In the event that the COUNTY shall fail to comply with each and every term and condition of this Agreement or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to COUNTY, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to COUNTY by CITY while COUNTY was in default of the provisions herein contained, shall be forthwith returned to CITY. SECTION XXI. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto relating to said grant and 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 XXII. ACCTIDAATOW hkln 0WDTTT:T0A►TTr%%TC. A. No person in the United States shall, on the grounds of race, color, creed, national origin, sex, marital status or physical handicap, be 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. B. The parties shall comply with the Housing and Community Development Act of 1974, as amended, Section 109 of Title VI, of Civil Rights Act of 1984, Title VII of the Civil Rights Act of 7 90- 865 1968, Executive Orders 11046 and Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303 (E) (1) attached). C. The parties shall comply with the provisions of the Hatch Act as amended January 1, 1985, which limit the political activity of employees. D. The parties shall establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being activated by desire for private gain for themselves or others, particularly those with whom they have families, business or other ties. SECTION XXIII. 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 therein to duly authorized, this the day and year first above written. ATTEST: City of Miami, a municipal Corporation of the State of Florida. Matty Hirai City Clerk Richard P. Brinker County Clerk APPROVED AS TO FORM AND CORRECTNESS: Jorge L. Fernandez City Attorney By Cesar H. Od io City Manager (SEAL) Metropolitan Dade County Joaquin Avino County Manager APPROVED AS TO FORM AND CORRECTNESS: Robert A. Ginsburg County Attorney _a.. 90-- 865 r] CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission 4 FROM : Cesar H. Odio City Manager RECOMMENDATION DATE : OCT J , I Wo FILE : SUBJECT : Resolution Allocating FY' 90 Emergency Shelter Grant Funds to Dade County REFERENCES: City Commission Agenda November 8, 1990 ENCLOSURES: Proposed Resolution It is respectfully recommended that the City Commission adopt the attached resolution allocating $183,600 of FY'90 Emergency Shelter Grant Funds to Metropolitan Dade County to operate the Beckham Hall Shelter for the homeless and further authorizes the City Manager to execute an agreement with Metropolitan Dade County in substantially the form attached. BACKGROUND The Department of Community Development has prepared legislation allocating $183,600 of the City's $292,000 FY'90 Emergency Shelter Grant to Metropolitan Dade County for the operation of the Beckham Hall Shelter for the homeless. The proposed resolution further authorizes the City Manager to enter into agreement with Dade County for this purpose. At its meeting of February 7, 1990, the City Commission adopted Resolution No. 0130 authorizing the City Manager to submit its FY'90 application for Emergency Shelter Grant Funds (ESG). This Resolution further authorized the City Manager to enter into the necessary implementing agreement with USHUD upon approval. The City's ESG application included $242,000 to be directed to the operation of the Beckham Hall Shelter for the Homeless, a facility jointly operated by the City and Metropolitan Dade County, and a $50,000 allocation to Betterway, Inc. The allocation of $183,600 to Metropolitan Dade County covers operating costs at Beckham Hall. Dade County, which also directs its Emergency Shelter Grant to the operation of the shelter, is responsible for administering funds to operate the facility, with the exception of funds used to pay the personnel costs of City staff working at the shelter. Initially, Metropolitan Dade County requested bid proposals from non-profit agencies to run Beckham Hall. However, after reviewing the bid proposals, it is our understanding that the County has decided to continue to operate the facility. 90- 865 A-W I Q. / ® -1 Honorable Mayor and - 2 - Members of the City Commission The Department of Community Development has also submitted a companion item to the proposed legislation establishing a new special revenue fund and appropriating the $292,000. Adoption of the proposed resolution allocates $183,600 of FY'90 Emergency Shelter Grant Funds to Metropolitan Dade County for the operation of the Beckham Hall Shelter for the homeless and further authorizes the City Manager to enter into agreement with Dade County for this purpose. Attachment: Proposed Resolution 90- 865 a-