Loading...
HomeMy WebLinkAbout23540AGREEMENT INFORMATION AGREEMENT NUMBER 23540 NAME/TYPE OF AGREEMENT METROPOLITAN DADE COUNTY DESCRIPTION MEMORANDUM OF AGREEMENT/DAY CARE CENTER IN RAINBOW VILLAGE PUBLIC HOUSING PROJECT IN OVERTOWN/FILE ID: J-91-945/R-91-0889 EFFECTIVE DATE January 17, 1993 ATTESTED BY WALTER FOEMAN ATTESTED DATE 1/13/1993 DATE RECEIVED FROM ISSUING DEPT. NOTE Name of party(ies): Document type: ,4 ' P:os.; To develop a day care center in the Rainbow Village Public Housing Project in the Overtown area. DOCUMENT LOG FORM/CITY MANAGER'S OFFICE Metropolitan Dade County HUD Social Services Agreement Faciltiy:. Date(s): Contact Person (questions): Dan Fernandes Telephone: 2 4 5 4 Contact Person (delivery): Dan Fernandes Telephone: 2 4 a 4 EXPENSE/REVENUE $86,540 - '' CTS(s) Authorized by Resol Approved by: Budge X_ CIP Administrator Comm.Dev.Director (IF All City requirements have been met and the document(s) is(are) ready for execution Dept. D- for/Designee Init. DEPT. DIRECTOR OR DESIGNEE ACM/Advisor FUNDS) CIP FUNDS) (IF C.D. FUNDS) Signature Date - Rec. by Mgr's Office: -Signed by Manager: -Attested by City Clerk: -Returned to dept./office: ORIGINAL TO CITY CLERK: NOTE: DATE 1-8-93 Date l//.3 // DUE TO PROTOCOL PROCEDURES, THE CITY MUST EXECUTE THE ST. AGNES RAINBOW VILLAGE CONTRACT PRIOR TO METROPOLITAN DADE COUNTY. REV. 9-20-91 .I l CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Dan Fernandes, Coordinator Deptrcof Community Development C = rmen L. Leona/'". ssistant City Attorney DATE : 1/6/93 FILE : 93-003 SUWECT : St. Agnes Rainbow Village REFERENCES: ENCLOSURES : (1) Enclosed please find the captioned Agreement which has been properly executed by the City Attorney and approved as to form and correctness. If you have any further questions, please feel free to contact me at Extension 6700. CLL:ra enclosure WHEN RETURNING FOR FURTHER REVIEW, PLEASE IDENTIFY AS # g3-003 MEMORANDUM OF AGREEMENT 7 This Agreement made and entered into this /4=? day of , 199 oy and between the City of Miami, a municipal corpora i•n 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 COUNTY has the power to own and operate low income public housing projects within the CITY; and WHEREAS, such projects have a need for physical improvements to meet the needs of the residents of public housing projects located within the CITY; and WHEREAS, St. Agnes -Rainbow Village Development Corporation requested funding assistance for the purpose of developing a day care center in the Rainbow Village Public Housing Project in the Overtown area of the CITY; and WHEREAS, on December 5, 1991, the City Commission, through Resolution No. 91-889, approved the allocation of $86,540 in Community Development Block Grant funds in order to provide assistance in providing the said improvements; and WHEREAS, the County through the Department of Housing and Urban Development will develop the Rainbow Village day care center in cooperation with the St. Agnes -Rainbow Village Development Corporation; and WHEREAS, both the CITY and the COUNTY are agreeable to - .HEN RETUH1,I1 G Flat rurti REVIEW, PLEASE IDENTIFY AS providing funds for carrying out the activities and improvements identified, under the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the promisesand the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the City of Miami and the COUNTY do mutually agree as follows: SECTION 1. DEFINITIONS: For purposes of this Agreement, the following names shall be abbreviated as follows: CDBG Community Development Block Grant CITY City of Miami COUNTY Metropolitan Dade County DCHUD Dade County Department of Housing and Urban Development DCD City of Miami Department of Community Development SECTION 2 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 $86,540 for the COUNTY to develop a day care center in the Rainbow Village Public Housing Project located in the Overtown area of the CITY.. A description of activities to be undertaken as part of the development under this Agreement and the estimated cost(s) are shown on EXHIBIT I. B. The COUNTY may make adjustments to EXHIBIT I to add or delete specific activities or to modify the cost of any activity, so long as such adjustments are consistent with the spirit of this Agreement and are agreed to in writing by DCHUD and DCD. C. DCHUD shall submit a status report to DCD describing the progress in carrying out the Program, said report to accompany each DCHUD request for reimbursement invoice to DCD. SECTION 3 TIME OF PERFORMANCE: The COUNTY shall begin the improvement program described in Section 2 of this Agreement upon execution by the City Manager and County Manager and terminate 365 days thereafter. SECTION 4 PAYMENT FOR IMPROVEMENTS: A. For the improvements described in Section 2 A (Exhibit I) of this Agreement, it is understood and agreed that the CITY shall reimburse the COUNTY, upon admission of itemized invoices by DCHUD to DCD, an amount not to exceed Eighty Six Thousand Five Hundred Forty Dollars ($86,540). B. It is understood that the CITY shall not reimburse the COUNTY for any administrative costs incurred in the carrying out of this Program. C. Invoices for payment shall be prepared by DCD and submitted monthly to DDHC when partial payments are required in the 3 Ca course of implementing the program described in Section 2, not to exceed the $86,540 limit. SECTION 5 COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances and codes of federal, state and local governments. SECTION 6 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 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 (5th) day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT 300 Biscayne Blvd. Way Suite 420 Miami, Florida 33131 METROPOLITAN DADE COUNTY DEPARTMENT OF HOUSING. and URBAN DEVELOPMENT 1401 Northwest, 7 Street Miami, Florida 33125 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 shall 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 4 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 unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall 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. F. The COUNTY shall comply with Davis -Bacon wage requirements on all construction, rehabilitation and other labor intensive work funded by the CITY. The COUNTY further agrees to administer the monitoring of the .Davis -Bacon compliance requirements and to provide the CITY with copies of all Davis -Bacon files on this project. Accordingly, the COUNTY shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this agreement. G. The COUNTY shall implement the work program as described in EXHIBIT I. The CITY further understands that no actual housing units will be rehabilitated under the terms of this agreement. H. The COUNTY shall comply with all applicable provisions of the CITY's First Source Hiring Ordinance, Ordinance No. 10032, a copy of which is attached and incorporated hereto as Exhibit II. 5 SECTION 7 OWNERSHIP OF DOCUMENTS: All documents developed by the COUNTY under this Agreement shall be delivered to the CITY by the COUNTY upon completion of the activities required pursuant to Section 2 hereof and shall become the property of the CITY, without restriction or limitation on its use. 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 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 8 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 part thereof by another person or firm. The CITY's consent, however, is not required for any such obligations .delegated or assigned to general contractors and/or subcontractors. SECTION 9 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 DCHUD records with respect to all matters covered by this Agreement and DCHUD 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 shall be maintained by DCHUD no less than three (3) years after the termination of this Agreement. SECTION 10 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 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. 7 SECTION 11 CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. SECTION 12 SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties herein, their successors and assigns. SECTION 13 INDEMNIFICATION: The COUNTY and the CITY shall indemnify and save each other harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the COUNTY or the CITY activities under this Agreement, including all other acts or omissions to act on the part of the COUNTY, or on the part of the CITY, including any person acting for or in their behalf, and, from and against any orders, judgements, or decrees which may be entered and from against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. SECTION 14 CONFLICT OF INTEREST: 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 cs 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 laws 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 with the terms of said laws. SECTION 15 INDEPENDENT CONTRACTOR: The COUNTY's employees independent contractors, and and agents shall be deemed to be 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. SECTION 16 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 17 NON-DISCRIMINATION: The COUNTY agrees that it shall not discriminate as to race, a 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 18 MINORITY PROCUREMENT COMPLIANCE: The COUNTY acknowledges that it has been furnished a copy of Ordinance No. 10538, 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. SECTION 19 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 20 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, - 10 - 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 21 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 22 ASSURANCE AND CERTIFICATIONS: 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 1968, Executive Orders 11046 and Section 3 of the Housing and Urban Development Act of 1968 (Section 570.303 (E) 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 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 part of hereof by reference. 1) Flood Disaster Protection Act of 1973 (P.L. 93-234); HUD Lead -Based Paint Regulations, 24 CFR Part 35; Clean Air Act, as amended, 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 CFR Part 15, as amended. 4) Federal Labor Standards, 10 CFR Parts 3, 5 and 5a of Department of Labor. 5) Non -Discrimination Under Title VI of the Civil Rights Act of 1985. 6) Uniform Relocation assistance and Real Property Acquisition Policies Act of 1970. SECTION 23 AGREEMENT DOCUMENTS The parties hereto agree and understand that the following list of documents constitute and shall be hereafter referred to as part of this Agreement. A. Guidelines for applicants on Equal Employment Opportunity Community Development Block Grant. B. U.S. Department of Housing and Urban Development Notice CPD- 75-4 (Annual Report on Relocation and Real Property Acquisition Activities from HUD-7083). C. U.S. Department of Housing and Urban Development Notice (Request for U.S. Department of Labor Wage Rate Determination). D. U.S. Department of Housing and Urban Development 24 CFR Part 85, "Administration requirements for Grants and Cooperative Agreements to State, Local and Federally recognized Indian Tribal Governments". E. "Common Rule" is applicable to the CDBG Entitlement Program to the extent specified in 24 CFR Part 570 at 570.502 (A). F. Dade County Community Development Block Grant Program Affirmative Action Plan. SECTION 24 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 - 13 - instrument to be executed by the respective officials thereinto duly authorized, this the day and year first above written. ATTEST: / 1 41X7'�=" / ti� z -� By Hirai / City of Miami, a Municipal Corporation of the State of Florida. City Clerk APPROVED AS TO FORM AND CORRECTNESS: Cesar H. Odio City Manager Metropolitan Dade County / By: A Qu ' n Jos III C l.- City A •rney Joaquin Avino County Manager (SEAL) Marshal Ader County Clerk APPROVED AS TO INSURANCE APPROVED AS TO FORM AND REQUIREMENTS CORRECTNESS: Suian S. Chhabra, Director Risk Manariement Department Robert A. Ginsburg County Attorney EXHIBIT I September 23, 1992 . St. Agnes Day Care Center Budget CITY OF MIAMI TASKS i EXPENSE Zoning analysis ; $ 1, 400 Implement site surveys $ 3,000 Implement soil tests i $.2,000 Develop preliminary plan $ 4,000 and work specifications Design development, drawings, and $ 5,200 bid specifications Preparation of construction $14,800 documents' Consulting Engineers $11,000 Advertise and Award Construction $ 2,000 contract bids Periodic supervision and inspection of construction site $ 3,000 Day care center construction $40,140 TOTAL $86,540 191-.945 c.j1 S89 RESOLUTION NO. A RESOLUTION, WITH' ATTACHMENTS, ALLOCATING $86,540 OF SEVENTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. .10885, ADOPTED MAY 9, 1991, TO METROPOLITAN DADE 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 AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH METROPOLITAN DADE COUNTY TO IMPLEMENT SAID PROJECT, SUBJECT TO THE CONDITIONS AND LIMITATIONS CONTAINED HEREIN AND IN THE CITY CODE. 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 WHEREAS, the Final Statement included an allocation of $86,540 to Metropolitan Dade County for the development of.a day care center in the Rainbow Village Housing Project in Overtown; and WHEREAS,. the need for the day care center was identified by the St. Agnes -Rainbow Village Development Corporation; and WHEREAS, Metropolitan Dade County's Department of Housing and Urban Development will implement the development of the day CITY CC II=:SION MEETii.',3-OF DEC 5 1991 JJ.-. 889 RESOLUTIOJI no care center in cooperation with the St. Agnes -Rainbow Village Development Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein a$ if fully set forth in this Section. Section 2. Funds in the amount of $86,540 from Seventeenth Year Community Development Block Grant Funds previously 1 ' appropriated by Ordinance No. 10885, adopted May 9, 1991, are hereby allocated to Metropolitan Dade County for the development of a day care center in the Rainbow Village Housing Project in Overtown. Section 3. The City Manager is hereby authorized to execute an agreement with Metropolitan Dade County, in substantially the 'attached form, to implement the aforementioned project, subject to the conditions and limitations contained herein and in the City Code. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 5th day o Dew mber , 1991. Gam- XAVIER L SUAREZ, MAYOR ATTEST: 2 o54° 91-- SS