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743-Sanford Housing Authority CITY OF SANFORD, FLORIDK _. 0~ AND THE HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORIDA THIS AGREEMENT is cutered into this C{5~ day of~ , 19 ....~q, by and between THE CITY OF SANFORD, a political subdivision of the State of Florida, whose address is 300 North Park Avenue, Sanford, Florida 32771, hereina~er referred to as CITY, as both the party to this Agreement when context requires and a geographical location when the context so requires, and THE HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORID& a not-for-profit agency organized under the hws of the State of Florida, whose mailing address is Post Office Box 2359, Sanford, Florida 32772-2359, hereinafter referred to as "THE HOUSING AUTHORITY." WITNESSEl: WHEREAS, the CITY finds that provision ofa cosmetology training center that could provide The Housing Authority residents and citizens of the City of Sanford expanded employment opportunities is a valid CITY purpose under the laws of the State of Florida; and WHEREAS, THE HOUSING AUTHORITY performs such services in the course of its activities and operations; and WHEREAS, the CITY desires to provide THE HOUSING AUTHORITY a grant totaling TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) to perform such services for the benefit ofcitizeus of the City of Sanford, NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable enusideration provided by each party here{o, the parties agree as follows: 1 Section 1. Recitals. The above recitals are true and correct and form a material part of the Agreement upon which the parties have relied. Section 2. Services to be provided by The Housing Authority: a. Reconstruction of existing buffcling into a cosmetology training facility by December 31, 1999. b. Provide quarterly and annual status reports detailing THE HOUSING AUTHORITY activities including: status of project regarding construction, use of city funds, and subsequent operation of vocational program, for circulation and review by the City Commission of the City of Sanford. Section 3. Goods and Services to be provided by the CITY. The CITY shall provide a one-time grant in the mount of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) to THE HOUSING AUTHORITY. Section 4. Payments and billing. a. As set forth in Section 3 here~ the CITY shall pay to THE HOUSING AUTHORITY the total sum of TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00). This is the total amount to be paid to THE HOUSING AUTHORITY pursuant to this Agreement. b. The CITY shah render the TWENTY-FIVE THOUSAND AND NO/100 DOLLARS ($25,000.00) payment to THE HOUSING AUTHORITY in quarterly payments in an amount equal to expenses paid during a preceedi~ quarter. c. THE HOUSING AUTHORITY shall request payment pursuant to the CITY' s fiscal procedures. Section 5. Term. The term of this Agreement shall be f~om January 31, 1999 to December 31, 1999 not withstanding the date the parties signed this Agreement. Section 6. Assignment. THE HOUSING AUTHORITY shall not assign any right or duties under this Agreement to any other party without written permission of the CITY. If THE HOUSING AUTHORITY attempts to assign any rights or duties without prior written permission of the CITY, this Agreement may be declared void by the CITY and THE HOUSING AUTHORITY thereupon agrees to remit to the CITY all payments made pursuant to this 2 Agreement for the entire term of the Agreement. Section 7. Indemnification. THE HOUSING AUTHORITY agrees to indemnify and hold harmless the CITY tiom and again.qt any and all liab'~ity, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and costs of action including, but not limited to, attorneys fees, of any kind and nature, arising or growin~ out of or in any way connected with the performance of this Agreement by THE HOUSING AUTHORITY or became of or due to the existence of this Agreement itself. Section 8. Records and Reports. a. THE HOUSING AUTHORITY shall keep orderly and complete records of its accounts and operations and shall open these records to inspection and audit by the authorized CITY personnel at reasonable hours during the entire term of this Agreement, or, if audit findings have not been resolved at the end of three (3) years, the records shall be retained unfd resolution of the audit findings. Any person duly authorized by the CITY shall have full access to and the right to examine any of said records during said period. Project ~es are con~dent'ml and not available for inspection to the extent permitted by State law. b. THE HOUSING AUTHORITY agrees to maintain its not-for-profit agency stares in the State of Florida throughout the term of this Agreement, If THE HOUSING AUTHORITY should, during the term of this Agreement, lose its not-for-profit status, the CITY reserves the right to terminate this Agreement immediately and THE HOUSING AUTHORITY thereupon agrees to remit to the CITY all payments made pursuant to this Agreement. c. THE HOUSING AUTHORITY shall permit the CITY to monitor the services to be provided hereunder. THE HOUSING AUTHORITY shall, to assist monitoring of its program, provide to the CITY such other information as the CITY may deem necessary. Section 9. Civil Rights. a. THE HOUSING AUTHORITY will not discriminate against any employee or person on account of race, color, sex, religious background, ancestry, marital status, d'mb'tlity or national origin in the performance of this Agreement. b. It is expressly understood that, upon receipt of evidence of such discrimination, the CITY shall have the right to terminate this Agreement for breach and THE HOUSING AUTHORITY thereupon agrees to remit to the CITY all payments made pursuant to this Agreement. Section I0. Alterations, Variations, etc., Reduced to Writing. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed and attached to the original of this Agreement. The panics agree to renegotiate this Agreement firevision of any applicable laws or regulations make changes in this Agreement necessary. Section 11. Issuance of Cheeks. The name of the offic'ml payee to whom the CITY shall issue checks shall be: The Itoasing Authority of The City of Sanford, Florida Timothy D. Hudson, Executive Director P. O. Box 2359 Sanford, Florida 32772-2359 Section 12. Notice. Whenever either party desires to give notice unto the other, notice may be sent to: CITY OF SANFORD: Anthony M. VanDerworp, AICP City Manager P. O. Box 1788 Sanford, Florida 32772-1788 THE HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORIDA Timothy D. Hudson, Executive Director P. O. Box 2359 Sanford, Florida 32772-2359 Section 13. Entire Agreement. This Agreement comains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regard'rag the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Section 14. Compliance with Laws and Regulations. THE HOUSING AUTHORITY shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under Federal, State and local laws and shall comply with all fire, health, and other applicable regulatory codes. 4 Section 15. Governing Law; Severability. This Agreement shall be construed in accordance with the laws of the State of Florida. It is agreed by and between the parties that if any covenant, condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invaiidity shah not affect the validity of any other covenants, condRions, or provisions herein contained to the extent the CITY derives anticipated benefits from this Agreement. Seetionl6. Faihre to Enforee Not Waiver of Right. Failure by CITY to enforce any provision contained herein shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to any breach occurring prior to or subsequent thereto. Section 17. Conflict of Interest a. THE HOUSING AUTHORITY agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY or which would violate or cause others to violate the provisions of Part HI, Chapter 112, Florida Statutes, relating to ethics in government. b. THE HOUSING AUTHORITY hereby certifies that no officer, agent or employee of the CITY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%) either directly or indirectly, in the bus'mess of THE HOUSING AUTHORITY to be conducted here, and that no such person shah have any such interest at any thne during the term of this Agreement. c. Pursuant to Section 216.347, Florida Statutes, THE HOUSING AUTHORITY hereby agrees that monies received from the CITY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement for the purposes stated herein. THE HOUSING AUTHORITY OF THE BY CIT__Y OF S~O~D, FLO DA I). HUDS 5 STATE OF FLORIDA COUNTY OF SEMINOLE me I HEREBY CERTIFY that on this oQSq~6 day of L~ an officer duly authorized in the State and County afo~~owledgments, before personally appeared TIMOTHY D. HUDSON, Executive Director and Secretary o f THE HOUSING AUTHORITY OF THE CITY OF SANFORD, FLORIDA, a not-for-profit agency organized under laws of the State of Florida, who is personally known to me or who has Notary Public in and for the County and State aforementioned M C ' i n E '~ ~ ~:'~..~% "OFFICIAL SEAL" y ommms o ~~ Cana 7hompson-Grant CTTY O~ SAN~ORD, FLO]~D~ For the use and reliance As authorized for execution by the City of City of Sanford only. ' ' ' legal suflSciency regular meetkng. City Attorney 6