HomeMy WebLinkAboutR-90-0892J-90-896
10/31/90
RESOLUTION NO. 0 0 `"' 892
A RESOLUTION, WITH ATTACHMENTS, CONDITIONALLY
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH THE MIAMI MENTAL HEALTH CENTER
TO PROVIDE A COMMUNITY DEVELOPMENT "FLOAT
LOAN" IN AN AMOUNT NOT TO EXCEED THE AMOUNT
OF THE IRREVOCABLE LETTER OF CREDIT TO BE
PROVIDED AS COLLATERAL FOR SAID LOAN WITH
SUCH LETTER OF CREDIT TO BE SUBJECT TO
APPROVAL BY THE CITY'S FINANCE DIRECTOR, BUT
IN NO EVENT TO EXCEED $225,000 AT THREE
PERCENT (3%) INTEREST RATE FOR A PERIOD OF
ONE YEAR, FOR THE PURPOSE OF ASSISTING IN THE
ACQUISITION OF LAND REQUIRED TO IMPLEMENT THE
CENTER'S HUD SECTION 202 HOUSING PROJECT FOR
HOMELESS AND DISABLED PERSONS; CONDITIONED
UPON HUD APPROVAL AND UPON RECEIPT OF THE
IRREVOCABLE LETTER OF CREDIT DESCRIBED ABOVE,
WHEREAS, the City Commission is desirous of providing
housing assistance to persons in need throughout the City; and
WHEREAS, the Miami Mental Health Center has requested a
Community Development "float loan" for the purchase of land as
part of its proposed HUD Section 202 Handicap Housing project;
and
WHEREAS, this Community Development "float loan" will result
in the construction of twenty new housing units for homeless and
disabled persons in our community;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to enter
• into an agreement, in substantially the form attached, with the
Miami Mental Health Center (MMHC) to provide a Community
Development "float loan" an the amount not to exceed the amount
of the irrevocable letter of credit to be provided as collateral
for said loan with such letter of credit to be subject to
approval by the City's Finance Director, but in no event to
exceed $225,000 at three percent (3%) interest rate for a period
ATTACH NIT
CITY COMMISSION
MEETING OF
NOV 8 1990
pu"In-.90_ 892
of one year, for the purpose of acquiring certain property
essential for the construction of 20 new units of apartments
under the HUD11 Section 202 Housing project to be implemented by
ri�v U14
Section 2. (a) The Community Development "float loan" is
further subject to and conditioned upon receiving an irrevocable
letter of credit in favor of the City and acceptable to the
City's Finance Director in accordance with federal regulations,
as collateral for said loan. The amount of the "float loan"
shall be limited to the amount of the letter of credit but in no
event shall such amount exceed $225.00.
(b) As a condition precedent to the City
Manager's execution of the attached loan documents, the City
shall have received final approval from the U.S. Department of
Housing and Urban Development (HUD) of the proposed amendment to
the approved Sixteenth (16th) Year Community Development Block
Grant (CDBG) Program Final Statement.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this sth day of
AYHIRAII,
CITY CLERK
BUDGETARY REVIEW:
MANOHAR S. RANA, DIRECTOR
DEPARTMENT F BUDGET
, 19
XAVIER L. UARFZ,
This acronym stands for U.S. Department of Housing and Urban
Development.
90- 892
FINANCIAL EVIEW:
i
CARLOS GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
COMMUNITY DEVELOP T R VIEW:
F K CAST D , DIRECTOR
DEPARTMENT OF COMMUNITY DEVELOPMENT
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
L F�RNANDEZ, CITY ATTORNEY
M1840
90-- 892
AGREEMENT BETWEEN THE CITY OF MIAMI
and
MIAMI MENTAL HEALTH CENTER, INC.
This Agreement 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 Miami Mental Health Center, Inc., a Florida not for profit
corporation, hereinafter referred to as the "BORROWER."
THEREFORE, in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
agree as follows:
I
DEFINITIONS
For the purpose of this Agreement, the following terms shall be
defined as set forth below:
1.1 "CDF" shall mean Community Development Float, which
constitutes the loan by the CITY to the BORROWER in
accordance with this Agreement and applicable laws.
1.2 "CITY ACTIVITIES" shall mean those activities of the
PROJECT (as that term is hereinafter defined) to be
carried out by the CITY as described in Exhibit 1.
1.3 "CITY COMMISSION" shall mean the Mayor and the City
Commissioners of the CITY.
1.4 "CITY LOAN" shall mean those monies advanced to
BORROWER by the CITY in connection with the PROJECT
and pursuant to the terms and conditions of the
Agreement, as secured by the
j irrevocable/unconditional LETTER OF CREDIT, and
:i
i
limited to the amount of the LETTER OF CREDIT but in
no event to exceed Two Hundred Twenty -Five Thousand
Dollars ($225,000).
1.5 "CITY MANAGER" shall mean the Chief Executive Officer
of the CITY and will be construed to include any
duly authorized designee, such as an Assistant City
9Q-- 892
e
It 1
Manager and/or the City of Miami Community
Development Director.
1.6 is " is the bank issuing the
irrevocable unconditional LETTER OF CREDIT for the
sum of Two Hundred Twenty Five Thousand Dollars
($225,000.00), and is located at
1.7 "CONTRACT DOCUMENTS" shall mean this Agreement and
any exhibits attached hereto, as well as any
applicable federal, state and local regulations,
laws and ordinances which pertain to the PROJECT, as
they may be amended from time to time; and shall
additionally be deemed to include any agreements
entered into between the BORROWER and the
architect/engineer, general contractor and/or
project manager for the demolition, restoration and
rehabilitation of the PROJECT SITE.
1.8 "DEPARTMENT" shall mean the CITY's Department of
Community Development.
1.9 "HUD" shall mean the United States Department of
Housing and Urban Development and/or any duly
authorized, federal employee.
1.10 "LETTER OF CREDIT" shall mean an
Unconditional/Irrevocable LETTER OF CREDIT in favor
of the CITY issued by a financial institution of
excellent standing and repute, with an office within
the corporate limits of the CITY, which LETTER OF
CREDIT shall be irrevocable, unconditional, and
shall be a clean LETTER OF CREDIT which will not
require a document of title to be presented in order
for payment to be honored, which must be approved by
the CITY MANAGER prior to the execution of this
Agreement. The LETTER OF CREDIT may be drawn upon
by the CITY for any cause or no cause whatsoever, at
the discretion of the CITY MANAGER, upon prior
IW:
90- 892
forty-eight (48) hours written notice to the
BORROWER.
1.11 "PROJECT" shall mean the acquisition of property for
the construction of 20 new units of apartments under
the BORROWERS HUD Section 202 Housing Program
for homeless and disabled persons.
1.12 "PROJECT SITE" shall mean a * 10,000 sq. ft. , lot
located on the Southwest corner of N.W. 14th Avenue
and 3rd Street and another 10,000 sq. ft., lot
located at 135 N.W. 6th Avenue.
1.13 "TOTAL PROJECT COST" shall be Two Hundred Twenty Five
Thousand Dollars ($225,000.00) which will be used
purchase the PROJECT SITE.
II
SUPERVISION
2.1 Except as provided herein, the DEPARTMENT shall act
on behalf of the CITY in the fiscal control,
programmatic monitoring, and modification of this
Agreement.
2.2 The City Commission shall approve or disapprove the
following actions or conduct by passage of the
appropriate enabling legislation:
a) Any amendments, extensions or modifications
of this Agreement proposed by BORROWER.
b) Any assignment, sale, transfer or sublease
proposal in connection with this Agreement,
without limitation, the bulk sale, merger or
acquisition of BORROWER by another business
entity, or the sale, or the negotiation,
transfer, sale, hypothecation or any other
manner of encumbrance of BORROWER's LETTER OF
CREDIT (as that time is hereinafter defined).
c) Any proposed increase in the PROJECT budget
or any modification or amendment to the
LETTER OF CREDIT required pursuant to this
-3- 90-- 892
I
0
It I
Agreement must similarly be considered and
approved or disapproved, as applicable, by
the CITY COMMISSION.
III
TIME OF PERFORMANCE; TERM
3.1 The term of this Agreement .and of the LETTER OF
CREDIT shall be one (1) year from the date of
execution of this Agreement.
IV
SCOPE OF SERVICES
4.1 BORROWER shall complete the construction and
renovation of the remaining two (2) buildings of the
Miami River Inn Hotel located at 118 S.W. South
River Drive to the satisfaction of the CITY.
4.2 Assurance of Governmental Approvals; Permits, Licenses:
BORROWER warrants that it has obtained, or has
reasonable assurance that it will obtain, all
federal, state and local governmental approvals and
reviews required by law to be obtained by the
BORROWER for the PROJECT.
This Agreement is subject to the receipt of the
LETTER OF CREDIT and further subject to all,
applicable requirements of federal, state and
municipal law.
V
FUNDING
5.1 The CITY LOAN to BORROWER shall be in a principal
amount not to exceed in the amount of the LETTER OF
CREDIT but in no event to exceed Two Hundred Twenty
Five Thousand Dollars ($225,000.00); with -the
proceeds of the CITY LOAN to be used to purchase the
PROJECT SITE, according to the terms and conditions
set forth herein. All CITY LOAN disbursements shall
be made by the CITY to an account designated by
BORROWER in writing to the CITY at
90- 892
-4-
Dad e County,
Florida.
5.2 The interest rate payable by BORROWER on the CITY
LOAN shall be three percent (3%) per annum, simple
interest on the actual amount disbursed.
5.3 BORROWER hereby agrees to pay to CITY the principal
and interest of the CITY LOAN, in the amount set
forth below, in addition to payments for local
surtax, documentary stamps, intangible taxes,
recording fees, and any other miscellaneous costs
generated in relation to the CITY LOAN, including
the purchase of various required insurance policies.
5.4 Interest payments shall be paid on a quarterly basis
commencing on of
1990, one (1) years from the effective date of this
Agreement, a balloon payment sufficient to pay off
the entire outstanding indebtedness of principal and
any interest outstanding shall be made by BORROWER
to the CITY.
5.5 The CITY LOAN shall be secured by the LETTER OF
CREDIT in favor of the CITY.
5.6 The entire outstanding principal balance of the CITY
LOAN, and all accrued unpaid interest thereon, shall
become immediately due and payable either upon the
bankruptcy, reorganization, dissolution, or
liquidation of the BORROWER, or upon the sale,
partial sale, refinancing, exchange, transfer, sale
under foreclosure, or other disposition of the
PROJECT SITE or of the improvement and/or capital
equipment situated thereon or any other event with
default as set forth in Article VIII herein.
5.7 The CITY LOAN may be prepaid at any time without
penalty.
5.8 All payments due the CITY under this Agreement are
payable to: City of Miami, c/o Finance Director,
90- 892
-5-
3006 Aviation Avenue, Miami, Florida 33133 (or to
such other address as the CITY may, in writing,
designate) . All payments must be made on weekdays
during regular business hours and must be within the
times required by the CITY.
5.9 Davis -Bacon prevailing wage rates must be applied to
the proceeds of the CITY LOAN that are allocated to
construction of the PROJECT. BORROWER, shall use the
application and certificate -for -payment forms AIA
G702 and G703. A copy of RUDE Form 4010 is attached
and incorporated hereto as Exhibit 6.
VI
REPORTING
6.1 BORROWER shall provide the CITY with an annual
report of all programs at the Center and a copy of
the association's audit to be delivered to the CITY
within ninety (90) days of the close of the
BORROWER's fiscal year for each year the CITY LOAN
remains outstanding.
6.2 BORROWER shall comply with all applicable provisions
of the City of Miami First Source Hiring Ordinance,
Ordinance No. 10032, a copy of which is attached and
incorporated hereto as Exhibit 2.
6.2.1 The First Source Ordinance shall apply to all
construction resulting from this Agreement.
6.2.2 BORROWER shall utilize the CITY's Neighborhoods Jobs
Program to recruit CITY residents who may qualify
for these jobs.
6.2.3 BORROWER shall also provide to the CITY a semiannual
report detailing the jobs created during the period
of this Agreement and the BORROWER's compliance with
Ordinance No. 10032. The reporting form is included
herein as Exhibit 3.
6.3 BORROWER shall, upon request by the CITY MANAGER or
his designee, provide the CITY with any additional
program information it may deem necessary.
-6- 90- 892
6.4
6.6
6.7
7.1
All reports required by this Agreement (or such
other reports reasonably requested by the CITY) will
be furnished by the BORROWER to the CITY, c/o
Community Development Director, 1145 Northwest llth
Street, Miami, Florida 33136.
Maintaining Records and Right to Inspect:
BORROWER shall: keep and maintain books, records
and other documents relating directly to the receipt
and disbursement of CITY LOAN funds; and any duly
authorized representative of HUD, or the CITY shall,
at any reasonable time, have access to and the right
to inspect, copy, audit, and examine all such books,
records and other documents of BORROWER at such
place within Dade County, Florida as will be
designated by the CITY or HUD until the termination
of this Agreement.
Access to Project:
BORROWER agrees that any duly authorized
representative of HUD or CITY shall, at all
reasonable times, have access to all or any portions
of the PROJECT.
Davis -Bacon Act:
BORROWER shall comply with the Davis -Bacon Act by
submitting a monthly report to the CITY during
construction of the PROJECT.
BORROWER shall use U. S. Department of Labor Forms
257 and 347, and City of Miami Forms A and B in
submitting said monthly reports in compliance with
the Davis -Bacon Act.
VII
INDEMNIFICATION
BORROWER shall pay on behalf of, indemnify and save
CITY, its officials and/or employees, jointly and
severally, harmless from and against any and all
claims, demands, suits, proceedings, actions, debts,
-7-
90- 892
7.2
7.3
7.4
liabilities, losses, and causes of action which may
arise out of BORROWER's activities, actions,
undertakings and/or uses under this Agreement,
including all other acts or omissions to act on the
part of BORROWER, or any other agent or
representative of the BORROWER, including any person
acting for or on its behalf; and from and against
all costs, attorneys' fees, expenses and liabilities
incurred by the CITY in the defense of any such
claims or in the investigation thereof. This
indemnity shall be limited, in terms of liability of
the BORROWER/Indemnitor, to the sum of Two Hundred
Twenty Five Thousand Dollars ($225,000.00), plus
accrued interest, or the CITY LOAN amount
outstanding plus accrued interest, whichever is
less. One hundred dollars ($100.00) of the CITY
LOAN proceeds constitutes separate, distinct and
independent consideration given by the CITY to the
BORROWER for the granting of this indemnity.
Recapture of Funds:
CITY shall reserve the right to recapture funds when
the BORROWER shall fail: (i) to comply with the
terms of this Agreement, its exhibits, and relevant
laws referred to therein, or (ii) to accept
conditions imposed by CITY at the direction of
federal, state and local agencies. This section is
provided for without prejudice to the CITY's other
rights and remedies, which it expressly reserves and
retains.
Call Provisions:
The CITY MANAGER can call the LETTER OF CREDIT for
any reason whatsoever by giving the BORROWER notice
at least forty-eight (48) hours prior to said action
in the manner prescribed in Section 7.9.1 hereof.
Nondiscrimination:
MM
90-- 892
7.5
7.6
BORROWER agrees that it shall not discriminate as to
race, sex, color, age, creed, national origin or
handicap in connection with its performance under
this Agreement.
Compliance With Federal, State and Local Laws:
Both parties shall comply with all applicable laws,
ordinances, and technical codes of federal, state
and local governments.
Award of Agreement:
BORROWER 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 for the award of this
Agreement.
7.7 Non-Delagability:
The obligations undertaken by the BORROWER pursuant
to this Agreement shall not be delegated or assigned
to any other person or firm unless the CITY
COMMISSION shall first consent in writing, by
passage of an enabling resolution, to said
delegation or assignment.
7.8 Governing Law; Venue; Reasonable Attorneys' Fees:
This Agreement shall be construed and enforced
according to the laws of the State of Florida.
Venue in any civil action arising out of this
Agreement shall be in courts of competent
jurisdiction situated in Dade County, Florida.
7.9 General Conditions:
7.9.1 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, at the address indicated
herein or as the same may be changed from time to
-9- 90- 892
a
s
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 on the date of
actual receipt, whichever is earlier:
CITY OF MIAMI BORROWER
City Manager Miami Mental Health Center
3500 Pan American Dr.
Miami, FL 33133
WITH COPIES TO:
City of Miami
Director of Community Development
1145 N.W. 11 St.
Miami, FL 33136
7.9.2 Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
7.9.3 No waiver or 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.
7.9.4 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 Code of 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 law, 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.
7.10 Independent Contractor:
BORROWER and its employees and other agents, shall
be deemed to be independent contractors, and not
agents or employees of CITY, and shall not attain
any rights or benefits under the Civil Service or
-10-
94- 892
Pension Ordinances of CITY or any rights generally
afforded classified or unclassified employees. They
also shall not be deemed entitled to the Florida
Workers' Compensation or Unemployment Benefits as an
employee of CITY.
7.11 Nothing contained in the CDF, or in this Agreement,
nor any act of HUD, the CITY, the BORROWER, or any
of the parties, shall be deemed or construed by any
of the parties, or by any third persons, to create
any relationship of third -party beneficiary,
principal and agent, authorized representative, a
limited or general partnership relationship, or
joint venture, or of any association or relationship
involving HUD and/or CITY.
7.12 Successors and Assigns:
This Agreement shall be binding upon the parties
herein, their heirs, executors, legal
representatives, successors, and assigns.
VIII
DEFAULT AND REMEDIES
8.1 Events of Default:
A default shall consist of any of the following
events, acts:
a) A material breach of any covenant, agreement,
provision, or warranty entered into between
the CITY and BORROWER relating to the
PROJECT; or
b) The BORROWER's failure to punctually and
fully pay any or all principal and/or accrued
interest on the CITY LOAN, or any installment
thereof, in the manner provided herein; or
c) Dissolution, insolvency, bankruptcy
(voluntary or involuntary) of the BORROWER;
or
-11-
90- 892
0
d) Failure to maintain the required insurance or
bonding; or
e) The Bank's failure to fully honor the LETTER
OF CREDIT upon call or presentation by the
CITY for payment on such LETTER OF CREDIT or
the revocation or stop payment or lapse of
such LETTER OF CREDIT or insolvency of bank
issuing such LETTER OF CREDIT; or
f. The issuance of a writ of execution,
attachment, garnishment, or similar writ
against any property and/or money at or to be
used for the Magic City Enterprises, Inc.
project, or the entry of a final judgment
against BORROWER.
8.2 CITY's Remedies:
8.2.1 If the BORROWER defaults on his obligations as
contained in this Agreement, the CITY may terminate
this Agreement and call or demand payment of the
full balance due under the BORROWER's LETTER OF
CREDIT, and/or institute or make any other
appropriate claims, notices or actions against the
BORROWER, as it deems appropriate in its discretion.
The CITY shall give the BORROWER one (1) written
Notice of Default stating what such default is. If
said default is not fully corrected within thirty
(30) consecutive days from the date of the notice of
such default, the CITY may by delivery of one (1)
further written notice, terminate this Agreement
upon forty-eight (48) hours from such written notice
of termination, and/or call the LETTER OF CREDIT as
provided for in such instrument, which shall be an
automatic termination and cancellation of this
Agreement, effective forty-eight (48) hours from
such written notice.
-12-
94- 892
8.2.2 In the event a default occurs and a call on the
LETTER OF CREDIT is made by the CITY MANAGER and
(WHATEVER BANK) does not honor the call within 48
hours, then the BORROWER shall be liable to pay
interest at the highest rate allowed by Florida law
on the monies disbursed and received by BORROWER
from the date of (WHATEVER BANK's) failure to honor
said call to the date of repayment.
IX
ADDITIONAL GENERAL PROVISIONS
9.1 BORROWER agrees:
9.1.1 To maintain a separate, independent, distinct
checking account, and to deposit all CITY LOAN funds
received in such account, and no other funds in said
account. The BORROWER will not allow co -mingling of
such funds with any other monies or commercial
instruments, and will make all disbursement of CITY
LOAN funds from said accounts;
9.1.2 To produce all documents, including, without
limitation, cancelled checks, money orders, bank
statements, deposits, withdrawals, draws,
disbursements and change order forms, architectural,
construction, engineering and consultant contract
payments reasonably required upon request by the
CITY.
9.1.3 To consent to such audits as may be required by the
CITY or HUD.
X
EQUAL EMPLOYMENT OPPORTUNITY
10.1 BORROWER agrees to abide by the Equal Opportunity
Clause for Contracts subject to executive Order No.
11246, as described in Exhibit 4, which is attached
and incorporated herein.
XI
OTHER FEDERAL REQUIREMENTS
-13-
90-- 892
a
11.1 BORROWER agrees to abide by the provisions described
in Exhibit 5, which Is attached and deemed
incorporated herein, by reference.
XII
AMENDMENTS
12.1 No amendments shall be made to this agreement unless
in writing and signed by authorized officers of the
BORROWER and the CITY MANAGER.
XIII
ENTIRE AGREEMENT
13.1 This Agreement and its exhibits (whether attached or
deemed as being incorporated by reference) contain
the entire agreement between the parties and shall
not be modified in any manner except by an
appropriate instrument in writing. This Agreement,
upon becoming effective, shall supersede and annul
any and all agreements heretofore made, issued or
contemplated for the PROJECT between the CITY and
the BORROWER which shall hereafter be void and of no
effect.
XIV
INSURANCE CERTIFICATE
14.1 The BORROWER shall provide to the CITY prior to the
execution hereof, a Commercial General Liability,
Comprehensive General Liability, Builders Risk
Policy or equivalent on an Occurrence Form with a
minimum limit of One Million Dollars ($1,000,000.00)
per occurrence covering premises operations, bodily
injury and property damage shall include the
following endorsements:
a. Contractual coverage.
b. The CITY shall be named as additional
insured.
C. Broad Form property endorsements.
d. Products and completed operations.
-14-
90W 892
5
e. Independent contractors.
f. Personal injury liability.
g. Proof of Worker's Compensation shall be
provided per statutory limits (Chapter
440, Florida Statutes).
14.1.1 Compliance With Insurance Requirements:
The BORROWER, through its own fault or negligence,
shall not violate or permit any occupant of the
PROJECT SITE, or any part thereof, to violate any of
the conditions or provisions of any such policy, and
BORROWER shall so perform and satisfy the
requirements of the companies writing such policies
so that at all times companies of A+ III Rating by
the latest edition of Best's key Rating Guide
standing shall be willing to write and/or continue
such insurance.
14.1.2 Deposit of Certificates:
Copies of Certificates of Insurance evidencing the
coverage to be maintained by BORROWER herein shall
be delivered to the CITY's Insurance Manager. In
connection with all insurance policies required to
be maintained in accordance with the provisions of
this Article, BORROWER shall, at least thirty (30)
days prior to the expiration of any such policy,
deliver to the CITY Insurance Manager copies of
renewal policies evidencing the existence thereof,
to the parties hereinabove provided.
XV
NO LIENS; PAYMENT AND PERFORMANCE BONDS
15.1 BORROWER agrees that it will at all times save CITY
free and harmless and indemnify it against all
claims for labor or materials in connection with
improvements, repairs, or operations on the PROJECT
SITE, and the costs of defending against such claims
including reasonable attorney's fees.
-15-
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by the respective officials thereunto
duly authorized, the day and year first above written.
CITY OF MIAMI, a municipal
corporation of the State of
Florida
ATTEST:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
APPROVED AS TO FUNDING SOURCE
AND AVAILABILITY:
FINANCE DIRECTOR
BY
CESAR H. ODIO
CITY MANAGER
BORROWER:
Miami Mental Health Center
A Florida Not For Profit
Corporation
By
PRESIDENT & C.E.O.
APPROVED AS TO INSURANCE REQUIREMENTS:
SEGUNDO PEREZ
INSURANCE MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
(Seal)
-16-
90- 892
EXHIBIT NO. 1
CITY ACTIVITIES
The City of bliami shall provide a Community Eevelopment Float Loan
in the amount of $ 225,000 to the Daami Mental Health Center, Inc.
to assist in the Acquisition of certain property essential for the
development of 20 new apartments for homeless and disabled persons
in the community, to be implemented through the Center's HUD Section
202 housing program.
114X111111,1, 2
.1-Q5-1110
OIIItINAIIr.L 1101. 0 0 3 2
All 1111'I.EM:11TING THE "F1II3T SOURCE
111ItIIt(; �AGIII:FIIt:II Atli) 'SETTING As A CONUII'lull
1'IIE:CE DF.11.1. Tn ' .1.1IF i:XECU.r1Ull ul. (:u11I'll AC13
11E3111.TIIIG Ili 1'ilE (;I1l:ATIOH OF 11E11 PERIMIEN1'
Ju11s, rill: SUCCESSFUL. IIEGOTIATION OF A "FIIIST
SOURCE II1111NG AGREEIIENT" ' PETWEEll THE PRIVATE.
1110115TRY COMIC11. - OF '301,1111 - I:L(tIilUA/5011I'll
FLORIDA EMPI.OYI-MIT Atli) TRA III I N1; CONSORT 11111,
AUTI10111'/.E.D ItF.I'll ESFUTA1'IVE OF THE CITY O
111All I., Alll) .1-111: OIIGANIZATIOII OR 1111)IVIDUA1.
II CE1VING . SAID COII*1'11AC'r, UH1.F.ss SUCH All
AGIIFE111•:11T"' 13 F0111111 TO •11E •.IIIFF:ASI III.E BY TIM
(:I1'Y IIAIIA(;Ell„ AND SUCH FINDING 13 APPROVED IIY
;1'IIE. CITY COIlli1S3I0H OF THE CITY OF HIAIII,
11[I'll 1'IIE I'll IIIAIIY I I E 11 E F I C I A I I I E 3 OF TIIIS
AGRE:I:11E:IT BEING THE PARTICIPAHrS OF TIIE CITY
OF 11I All I , 1'IIA I N I IIG AIIU • EHPI.OY11F. IT PIIOGIIAI13
AIIU OIIIER RESIUE111'3 OF THE CITY OF IHAHI;
CUNTA1111It(; A IIEPEAI.ER PROV13I011 AND
SFURADM I TY CI.AIISE . "
i
WHEREAS, the City Couunlssloll leas declared its intent
"Lilat publ ie . projects that are f inancell by public fltnds, CETA
particlpanLs,' I(Ito are eligible are to be, given priorlty'l (Motlon
83-10I8, Ilovember 16, 1903), and;
NIIEREAS, the City Conlmissloll.1s dgslrous of supporting
Lhe concept of "First Source Iilring ,AgreemeiiVe Which would gi,ye
priority eiailoyment to Clty of Hlaml training. and employment-
partiuipants 1 hiring slLuatlons resulting from the support of
public funds, from or Lltrough Lite CL, y aml/or special prlvlleges
granted by Live City of Iliaml, and;
NIIEREA9, Lite. City Colllmiss loll passed a Resolution
"est!ahlislting* an advlsary cciu(mitLee to recommend a "First Source
Iilring Agreement" polley for lmplemenLatlott by Lire CILy of tilatnl
attd appointing certain lttdiv/duals to serve on that committee"
(Resolution 110. 411-098, July 31, 190q), and;
MIEREAS, the City Xomimldslon of the Clty of Hismi
Nlshes to assure continuing employment opportunities of residents
Pf the C1Ly of IllAml, and;
IIIIEREAS, Lice attLltorized representatiVa 311all ltegotiate
the teruts of the "First Source Hiring Agreements" oil a project ty
90-� 892
.A
pruJeuL I►asIs tllLlt Lite I-ec!lt►la6'L cif c:oit1.vaaLs for UanIIILIes,
sel'vIQes and/or µraoiLs and • loans from or 1-hrougit LI►e`,%,CILy of
11I Rill I ► Allcl; r .
IIIIt:111:As, 1.1141se o1•I►,jilt 1 z a L ions and I11d lv ldu;►I s 1'ece 1 v 111g
contracts for. -facll Il.les, services and/or granl.s and loans frnnl
cti• , 1•ItroLlgh Lite C1Ly of Hlaml should parl.IclpaLe in Lite "First
►
Source luring Ag1,eemenl." as 1L• •13 !n I.Ite 1►est interest o1' said
' parties and C11.y (►1' 11lawl resldents, and;
ilII JIM, l'or Lite lnirpnse of LhIs I'esoluLton, contracts
for 'faQll hies, 'sery Ices and/or grants and loans NiLI► Lhc city of
Nlami are defined In neeLinn 2 of Lltls ord•inarice, and;
NIIEREA3, Jhnse cirganlzations or Individuals reoelving
Lite IdemLil'led will IIU funds, by Lite receipt of canLraQts,'for
faciI ILl�es1. seryIces a11d/c►r grall Li . and loans tfould he required,
preeedent ' Lo Lite execuLlott of said contracts to enter into
IlegoLiaLlons uitlt Lite AuLhor•1 zed represenLativel "as defined in
Section 2. of Lite Ordlltattce, and to; arrive at a "First Source
Ill1,hig Agreement" %illlch Is satIsfacLory Lo boUl parties, and;
I NIIEREAS,. Lite special duties -and I-esponsIts 11.1L1Ps of .tile
autltorI zed 'i'epl•aienLaL lva 'necessary to implet►tent "First Source =
j 111rlltg' Agreements" are spelled out in the provisions of '
a ItesoluL on being considered for adopl•ion by tite CiL'y Cot►►t"issiolt
.011 Jilne 13, 1905; RIM
NIIEREA31 a model "First Source II1f'irtg hereement" is
attached 1►eretrlth, for illustraLive purposes only,*
i
110111 THEREFORE, BE IT ORDAIIIED BY THE COMIUSS1011
OF TIJE CITY OF HIAt11, FIoORIDA:
••. I,
1 .
Section 1. 1Ital. Lhis Cu1111111ss1Oil hereby appraYes
impleutentatlou of the "F1r•3t Source 1111-ing:Agreement's policy and
`;r►: Mrecpllres as a candltlon precedent to Lite 'execution of service
contracts for faculties, services, and/or receipt of grants and
IaaIts, for 1)roJaet3 of a Mature that create new Jobs, tile
successful negotlatlon of "First- Source Iliring Agreements's
hetweelt Lite organization car Individual receiving said contract
and Lite authorited representaLive unless •such art agreement . is
found infeasible by the city Manager and such rindiog approved by
Lila City COBIIO1331011 Of the City of Nlaml at a public hearing.
14
90-- 892
IE
11
10032•
j SecLItilt 2, 11cI'III It. Ioil 3 ror Lit ImI-I)ose of Lhe
1)I'tlIII all ca Lhe fo1.1ottIjig Lernts, phrases,words aAM Lhe II-
;:.; (le1'1Val.lolla 'shall have Lhe 1'0110ll1118 IneanlltK3':. .
eryIce __ CottLrac_Ls meatis coiiLracl.s for Lite
procuremettL of Set vices I)y I.he C i L y nl' 111ant 1 tilt lclt Itic ltide
licoresslnit al seI-v Ices,
Il. Fa v 1 1 1 L l es titeans • nl 1 publ 1 c:l y rIitaneed proJecLs,
t. ln�ludlltg huL, ti1l.IintiL IImILaLlim, ttttlrled developmettl. projeol.3,
inunlcl1)al public uorlcs, and utttnlolpal Impruvemettl:s Lo Lite exLenL
LI►ey arc ;financed LlirnuKlt pttltl to money -services or Lhe 'use of
I)III) ely otttte(I properl..y.
C, Sel.vlcas includes, ull.hntiL 11mitaLlnn, pull llo
wot'ks 1�,ltnproVemeltLs,.' - faclllLies, professional services,
comnodiLlea, ,supplies, mal.erlals and equipment.
• U. Grants anti I.oans means, t11Lhout 1 tin lLal; lon, Urban
Uevelopa►ent Action GranLs (I11)AG), Eeonomlo peVeldputent A&Vltcy
eollsl.1-110 ion loans, loans from 1iIawl Capital ' Development,
.I1lcot'poraLeti, ••aml all federal 'and State grants administered by
Lite City of Harm. ,
E: . Aul.lturized Representative means Lite PrivaL•e
�•1IIdu3Lry Council of .Sou Lit ,Florida%Sou tit Florida Employment 'and
fl'aIII ltlg Consol•LItim, or 1Ls successor as local .recipient of.
•� federal and State Lralning and employment funds.
-SecLlon 3. The authorized re'presanLaLIve shall•
negotiate each "First Source 111ring Agreement".
a,•. .t Sec Llon 11 The primary, betteficlarles of Lite '"first
-Source Ilirina AgreemenL1' shall .lie parLicipanU of the City of.
Illaail training and employment progratns, and other residents of
Lite 'City of.111ami. ..,.
"• 3g6tlon 5.' All ordinanoes, or parts thereof,;,* in
conflict; ItefeuiLh are hereby repealed.
Section 4. should any part of or. provislolt of Lite
Ordinance be declared by a court of competent Jurisdiction to be
lltvalld, sawe 31%all Itot affect Lite validity of the Ordltiance as a
90- 892
100,12
t'ASSE:t1 (►it 1,111S I' REAM IW - 11Y 11,111 t)6.Y 11115 �-10111
y 1905 r.
it a •o ;1►ll.u�_.-----� .
Atli) AUt)P•1'l:U 011 SECOND -Alit) 1'I11AL IIFAMIl(i 11Y TITLE '.
r t Y Lit I 1 120 d AY of* 'SepLember
11Alltt I(:E: A . CEI11lE� MYUIt
i'ul Pi) 1 :1) AND APPROVED �t1Y
�fiiillt:fiT •F� �c.1—AnK .
CHIEF 10IFFY CITY A1'•roiturY
411.PIIOVbl b"tiA Ft)lltl Atli) C01111ECTNESS: '
�.I1t:IA h . p011GrIEIITY
CITY ATTORNEY'
f
Y •
i•
4
14
e
M �
90-- 892
)�
rxlllntl' 3
CITY Or MAH_I
HtsltAll '
011AIt'fERLY 111W )RT FOR FIRST S01111Ci1 IRRINO
1'o111:C11u1.c1C 1
1'arlutl �'clvared 1
l'a Cputl I'ral,a C 1 It�,I Iisl�ar (: 1
1� a f• c1 I
1 . IIVORV 1 rW
1 Il. 11111111bar of 1141w hon 11.1once t:relll:ed t
11• )NtlulhuC uE Al�pllc:i111T.0 Ittl.clrvluWu,lt
l .) It at:k Ilon-I.al-An Ha len t
1.) I•it 1:111 t•ta l eu 1 ,
l .) W1111.0 tion-I.a1:111 Malun t
4 .) Other Mit leu t
Mat* Hu1►-I.a1.111 Venta.leu t
Iastht Nc:utaIea t
7.) V11111.c1 Not►-I,alAil hentalen t
tl.) 011tcr 1?emnluaI
u1111mtlur of C1t.y of Maim ItealduttGu titt.ervleaeclt
1. Black Nutt-Litt.111 Hitlen I
�! • l.) Lat:llt Ma lea I
3.) Witll:u Host-Lakltl Nalcla 1
4 •) Other Mit lea I
5.) 111ac:k 11ol►-t.itl:ltl Nelnaleut
G.) Latin Pewit Ieai
'i.) Nltlt.4 Nan-I.at:111 Pemaloo t
11.) Other Fewn lea t
tittintlar of Appliaatll:n Referred by cll:y of Hlantl
Nalcal►11ar•Itouda aut,q Pru�raml ••
1.) IIIACk 11011-I.al:llt Haluat
2.) Lat:11t Malec t
'---• �.) Hitlt:e Nutl-Latln Haleet
i
4.) Other Mitleut
5.) 111ac:k Hiju-I.al:ltl Fama leu t
G.) I.ul:in Females$
7 •) Hltl l:e itatl-Lat:l11 Fema lee t
' !1.) Other Females$
90-- 892
I)[ CICY of Hkallik 110011IL-111-11 111reill
Haluill
L it Iia I a it I
W1111-0
is
ri It I ack Hos1-I-0-ilt Vemn I u's I
I-a1-111 Paillit, I oil I
7.) H111 1 n 11mi-I-41-311 Ite"W10111
01.1tor. V man In 111
livellicdowil Ily Po"ll-lou ImI11.1-1011 opellIttij llellaral.e-
ly)
11riat Job Duacultil.-Imis
"mulleir of Appl1c,111I.q 110.arviewed for 1-ha P061.1-1-0111
Hoit-la%Lin Males"
2.) Lat-1.1% Halout
40 01.1ter KaLoul
Whit-o 11011-1-411-111
Miser Femaleat
of Pippliefilit r -a 110fOrOd 11Y ClI-Y Of Hial"I
lialijilljorlinuilts Jobe Proqraini
lit)II-I.M.1ij lialaut
2.) jaiti-Ail Haleus
4 Other Maleal
7.) Wilit.a
Miter remale"I
90- 892
No -imp--
- '�` a •) �11tit11t:a11f. Iilrutl t
a l .) Nntgd t i
2.) Adtlratits t
3.) Referred by city of Mlaml 14olghborhootle Juba
1'ru�lr�tut (t:l►uc:k 1F yuu) t
wnopwu..eaannoaaanaaaaaarauaaaexcaceacarsootensaaauaaoaoaosrraasmaoeaesaennnasaraa
tt.) l'oail:lu11 'l'll.lut
►.i. � IlriaF .lul► Ituut:rlpt:lottt
u.) 11timber at Applivatil-.n Ittl.ervlewetl for Iain I'uull:loot
1 .�
Illat:k Nun-I.atlq Naleot
2.)
I.al:it► Males t ••
3.)
I�hlt:e Nun-1.n1.1n Ntalaat '
4.)
other Maleal .. _
5.)
Black Nutl-l.a I:ltt Fema lea t
I.atitt Fetttaleat
7.)
Nltltu tl(in-1,al:ilt Vatoalaut
11.)
miter Vemitl.ea t
d.) Monitor of
Applicattt:a ltafarred by City of Niantl
Nal(jltborlioude Julia t'rogratal
1.)
lllack Nutt-1-atln Maleat
• Z. )•
I.al:ltt M�luu t .'
�•)
Hltil:a Nutt-l.al•it1 Ne►laut
4.)
Ul.itor Ma lau t
5.)
lllack Not►-1•al:.it1 remaleu t
b.)
I.at111 VetuelaaI .
7.)
Wit to Hod-1-al:llt peMgleu t
U,)
Ottlet: F'dtualea I
q.) Applicatit
Iliredt
1.)
Natne l
�t.)
Atltlrauut
3.) Itatarrad liy city of Miami Nalulthorltuoda Julia =
1'rourstut (c hack it yea) t
Mww�.swMwwrrwwa�wwwrrwrwww�riw..wwwwwwwrrw.rww�rwwarww.�..wwwr,rww.r.rwwr�.wwwwrt
• go- 892
'1
I:X11.111I'i' .4
EQUAL EMPLOYMENT OPPORTUNITY CLAUSH?. FOR CONTRACTS
sUnam, rO EXi.cwrivi: ORDER 1121I6L_A5 AMENDED
In carrying, out this contract, the recipient and any
subcontractor shall not discriminate against any employee or
applicants for employment I)ecaiine of race, color, religion, sex or
national origin.
The recipient. and .any subcontractor shell take affirmative
action to Insure that applicants for employment are employed, and
that employees are treated fairly during employment, without
regard to race, color, religion, sex or national origin. Such
action shall .include, but not be limited to, the following:
Employment, upgrading, demotion or•transfer, recruitment,
recruitment adv'erLising, layoff or termination, rates of pay or
other forms of compensation, and selection for training including
apprentieeshYp. The: recipient and any subcontractor shall post in
a conspicuous -place available to employees and applicants for
employment, notices to be provided by the government getting forth
the provision of this nondiscrimination clause. The recipient and
i
any subcontractor shall state that all qualified candidates will
receive consideration for employment without regard to race,
color, religion, sex or naLlonal rights.
90- 892
,r
lE
11OUSiNa 6 cmitii1Nl'rY_i)1;vrn.t)Pmr-.N'r_ACT OF 19711, Sf*. ION 1lo, TITLE I
All laborers and mechanics employed by Lite recipient and
V.ItoIr contractor and nubcontractot's in Lila performance or
ponatruution work flnaneed in whole or part, with federal funds
undet, Lhis title Shall pay walles at ratea tint less than those
prevail trill on a.lmllar c:on;tt.riiel;Ion in Lhct Iona IILy as dr.termined
by Lite Secretary or Labor iti accordance wlLh Lite Davis -Macon Act,
as emended.
COPELAND ANT t -K t CKIIACK ACT
This Act prohibits Lite recipient, his contractors and
subcontractors from inducing by any means, any person employed in
Lite project to give up any part of the compennation to which they
are otherwise entitled. The recipient shall make this provision a
part of any and all r:ontracts with sttch contractors and
subcontractors.
All persons employed shall be paid unconditionally and not
less often than once a week and without subsequent deduction or
re;hate of any account except. "permissible" salary deductions.
They shall 'receive a wage tint less than that contained in the wage
determination made by the Secretary of Labor attached hergto and
made a part hereof.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
' The recipient, and his contractor and subcontractors shall
compensate laborers or mechanics for overtime.
Laborers and mechanics shall be compensated for hours in
excess of eight flours per calendar day or in excess of forty hours
per week at not lean than one and one-half the basic rate.
LEAD -BASED PAINT HAZARD ACT
The recipient agrees that no lead -based paint or
substances containing lead shall be used in. any part of this
project.
Pit.
90-- 892
ulk
EXIT III IT ( con I t )
FLOOD DISASTER PROTECTION_AC'f 1973
The. recipli!nl; shall use no portion of this assistance for
the acquisition or construction in areas identified as leaving
special flood hazards, unlessprovisions have been made for the
transferee and his successors I)v assigneen to obtain and maintain,
during the ownershLp' of sudh land, such flood insurance . aW
required under this Act.
CLEAN AIR, AS AMENDED: THE FEDERAL WATER POLLUTION ACIr, AS AMENDED
The recipient shall see that no facilities listed on the
ERA list of violating facilities will be utilized.
The recipient shall comply with Section 19 of the Clean
Air Act, as amended, relating to inspection, monitoring, entry,
reports and all information.
The recip-i'ent shall* include ail of the above provisions
and shall take such action as a means of enforcing such provisions
In all subcontracts.
SUBCONTRACTS BY IIECIPLENT
Any and all contracts entered into by the recipient shall
and will contain all of the requirements as stated in this
Attachment and the contract of which this is attached and made a.
part of.
The recipient will not have the authority or ability to
waiver or alter any of the requirements set forth in this contract
or In any subcontracts made by the recipient.
n
go- 892
e
' - ; EXHIBIT 6
Fbderal Labor Standare, '""Provisions U.S. Department of
and Urban Developrrn.,..
it
Applicability
The Project or Program to which the construction work covered by this
contract pertains is being assisted by the United States of America and the
following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal assistance.
A. 1. 0) Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act of
1937 or under the Housing Act of 1949 in the construction or development
of the project), will be paid unconditionally and not less often than once a
week, and without subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the
Secretary of labor under the Copeland Act (29 CFR Part 3), the full amount
of wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs, which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classifica-
tion for the time actually worked therein: Provided, That the employer's pay-
roll records accurately set forth the time spent In each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and its subcontractors at the site of the work in a prominent and
accessiblq place where it can be easily seen by the workers.
(if) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract shall
be classified in conformance with the wage determination. HUD shall
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been mgt
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe bene-
fits, bears a reasonable relationship to the wage rates contained in the
wage determination.
(b) If the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or its
designee agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department
of labor, Washington, D.C. 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 30-day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be
employed In the classification or their representatives, and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate),
Previous Edition is Obsolete
HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, to the
Administrator for determination. The Administrator, or an authorized repre-
sentative, will issue a determination within 30 days of receipt and so advise
HUD or its designee or will notify HUD or Its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall
be paid to all workers performing work in the classification under this con-
tract from the first day on which work is performed in the classification.
(111) Whenever the minimum wage rate prescribed In the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the contractor shall either pay the benefit as
stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third
person, the contractor may consider as part of the wages of any laborer cr
mechanic the amount of any costs reasonably anticipated in providing
bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis -Bacon Act have been met The
Secretary of Labor may require the contractor to set aside in a separate
account assets for the meeting of obligations under the plan or program.
(Approved by the Office of Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor, or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements, which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees and helpers,
employed by the contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee or helper, employed or working
on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the
project), all or part of the wages required by the contract, HUD or its desig-
nee may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any
further payment advance, or guarantee of funds until such violations have
ceased. HUD or its designee may, after written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub-
contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act contracts.
3. (f) Payrolls and basic records. Payrolls and basic records relating
thereto shall be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction
or development of the project). Such records shall contain the name,
address, and social security number of each such worker, his or her cor-
rect classification, hourly rates of wages paid (including rates of contribu-
tions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in Section 1(b)(2)(B) of the Davis- & con Act),
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5
(a)(1)(iv) that the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor
shall maintain records which show that the commitment to provide such
''ll HU0 4010 (2.84)
J0--- 8JZ (H81344.11
V,. s
benefits is enforceable, that the plan or prograi), is financially responsible,
and that the plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the costs antici-
pated or the actual cost Incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain
written evidence of the registration of apprenticeship programs and certifi-
cation of trainee programs, the registration of the apprentices and trainees,
" and the ratios and wage rates prescribed in the applicable programs.
i (Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
VI) (a) The contractor shall submit weekly for each week in which any
j contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a party to the contract, but if the agency is not such a party,
the contractor will submit the payrolls to the applicant, sponsor, or owner,
as the case may be, for transmission to HUD or its designee. The payrolls
submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information
may be submitted in any form desired. Optional Form WH-347 is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029-005-00014-1), U.S. Government Printing
Office, Washington, DC. 20402. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance," signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the information
required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such
Information is correct and complete;
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll period
has been paid the full weekly wages earned; without rebate, either directly
or indirectly, and that no deductions have been made either directly or indi-
rectly from the full wages earned, other than permissable deductions as set
forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the clas-
sication of work performed, as specified in the applicable wage determina-
tion incorporated into the contract
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the "Statement of Compliance" required by
paragraph A.3.(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject the
contractor or subcontractor to civil or criminal prosecution under Section .
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
Oil) The contractor or subcontractor shall make the records required
under paragraph A.3.(i) of this section available for inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor, and shall permit such representatives to interview
employees during working hours on the Job. It the contractor or subcon-
tractor fails to submit the required records or to make them available, HUD
or its designee may, after written notice to the contractor, sponsor, appli-
cant or owner, take such action as may be necessary to cause the sus-
pension of any further payment, advance, or guarantee of lunds. Further-
more, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29
CFR Part 5.12.
4. (1) Apprentices and Trainees. Apprentices. Apprentices will be per-
mitted to work at less than the predetermined rate for the work they per-
formed when they are employed pursuant to and individually registered in a
bona fide apprenticeship program registered with the U.S. Depanment of
r Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed In his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered in the program, but who has been certified by the
Bureau of Apprenticeship and Training or a Stale Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an
apprentice. The allowatil, ratio of apprentices to journeymen on the job site
In any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work farce under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the wage determi-
nation for the work actually performed. Where a contractor Is performing
construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed In percentages of the jour-
neyman's hourly rate) specified in the contractor's or subcontractor's regis-
tered program shall be observed. Every apprenctice must be paid at not
less than the rate specified in the registered program for the apprentice's
level of progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that determination. In
the event the Bureau of Apprenticeship and Training, or a State Appren-
ticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the work per-
formed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certifi-
cation by the U.S. Department of Labor, Employment and Training Admini-
stration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. If the trainee pro-
gram does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed. In addition, any trainee performing work on the job site
in excess of the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the
work actually performed. In the event the Employment and Training Admin-
istration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predeter-
mined rate for the work performed until an acceptable program is
approved.
(fit) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
S. Compliance with Copeland Act requirements. The contractor shall
comply with the requirements of 29 CFR Part 3 which are incorporated by
reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any sub-
contracts the clauses contained In 29 CFR 5.5(a)(1) through (10) and such
other clauses as HUD or its designee may by appropriate instructions
require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcon-
tractor with all the contract clauses in 29 CFR Part 5.5.
90- 89-
C
T. Contracte termination; debarment. A brr;, r., of the contract clauses in
29 CFR 5.5 may be grounds for termination of the contract, and for debar-
ment as a contractor and a subcontractor as provided in 29 CFR 5.12.
S. Compliance with Davis -Bacon and Related Act Requirements. All rul-
ings and interpretations of the Davis -Bacon and Related Acts contained in
29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this
contract
9. Disputes concerning labor standards. Disoutes arising out of the labor
standards provisions of this Contract shall not be subject to the general
disputes clause of this contract Such disputes shall be resolved in accor-
dance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5.6. and 7. Disputes within the meaning of this clause include dis-
putes between the contractor (or any of its subcontractors) and HUD or its
designee, the U.S. Department of labor, or the employees or their
• representatives.
10. (i) Certification of Eligibility. By entering into this contract the con-
tractor certifies that neither it (nor he or she) nor any person or firm who
has an interest in the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partici-
pate in HUD programs pursuant to 24 CFR Part 24.
(i) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Government contract by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts
or participate in HUD programs pursuant to 24 CFR Part 24.
(it) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Crimnal Code, Section
1010. Title 18 , U.S.C., "Federal Housing Administration transactions", pro-
vides in part "Whoever, for the purpose of, :.influencing in any way the
action of such Administration... makes, utters or publishes any statement
knowing the same to be false... shall be fined not more than $5,000 or
imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable under this Contract to
his employer.
B Contract Work Hours and Safety Standards Act. As used in this para-
graph, the terms "laborers" and "mechanics" include watchmen and
guards.
(1) Overtime requirements. No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of laborers.or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work
m work in excess of forty
hours in such workweek unless such laborer or mechanic receives com-
pensation at a rate nc, ,s than one and one-half times the basic rate of
pay for all hours worked in excess of
forty hours in such workweek,
(2) Violation; liability for unpaid wages; liquidated damages. In the
event of any violation of the clause set forth in subparagraph (1) of this
paragraph• the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcon-
tractor shall be liable to the United Slates (in the case of work done under
contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be com-
puted with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in sub-
paragraph (1) of this paragraph, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of
MUFF i+MIMthe standard workweek of forty hours without pay-
ment of the overtime wages required by the clause set forth in subpara-
graph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon written request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act which
is held by the same prime contractor such sums as may be determined to
be necessary to satisy any liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as provided in the clause set
forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any
subcontracts the clauses set forth in subparagraph (1) through (4) of this
paragraph and also a clause requiring the subcontractors to include. these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier. subcontrac-
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph. - ..
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surr6uridings
or under working conditions which are unsanitary, hazardous, .or'danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of labor by regulation.
(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 15181 and
failure to comply may result in imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public law 91-54. 83 Stal. 96).
(3) The Contractor shall include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as
the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
90-- 89,E
HUD-4010 (2.841
ACES
A P ICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 (Instructions on reverse side? PACE ONE OF APPLICATION NO: o:
Distribution tto:
TO tOWNEM: PROJECT: Q OWNER
PERIOD TO: ❑ ARCHITECT
❑ CONTRACTOR
VIA (ARCHITECT): ARCHITECT'S D
FROM (CONTRACTORI: PROJECT NO: 0
CONTRACT FOR:
CONTRACTOR'S APPLICATION FOR PAYMENT
CHANGE ORDER
Change Orders approved in
previous months by Owner
TOTAL
this Month
Number I Date Approved
ADDITIONS , DEDUCTIONS
TOTALS
Net change by Change Orders
The undersigned Contractor certifies that to the best of the Contractor's knowledge,
information and belief the Work covered by this Application for Payment has been
completed in accordance with the Contract Documents, that all amounts have been
paid by the Contractor for Work for which previous Certificates for Payment were
issued and payments received from the Owner, and that current payment shown
herein is now due.
CONTRACTOR:
Bv:
Date:
=ARCi-HITECT'S CERTIFICATE FOR PAYMENT
Mtn accordance with the Contract Documents, based on on -site observations and the
i data comprising the above application, the Architect certifies to the Owner that to the
best of the Architects knowledge,.information and belief the Work has progressed as
06ndicated, the quality of the Work is in accordance with the Contract Documents, and
CZIhe Contractor is entitled to payment of the AMOUNT CERTIFIED.
ASA DOCUMINT G:o2 • AMICATION ANo C[Rttr1CATt IOR PAYM(Nt • MAY 1 Sj
tI)j N 7! t'o '
Ittl AkItRICAN tNSTtTtrTFOf AltailliCIS. 174% N1W VOKK AVlNttr. N.W.NONIt *46
CONTRACT DATE:
Application is made for Payment, as shown below, in connection with the Contract.
Continuation Sheet, AIA Document G703, is attached.
1. ORIGINAL CONTRACT SUM ....................... S -
2. Net change by Change Orders ................ • • • . • S
3. CONTRACT SUM TO DATE (Line 1=2).............. S
4. TOTAL COMPLETED & STORED TO DATE ............ S
(Column G on G703)
S. RUAINAGE:
a. % of Completed Work S
(Column D + E on G703)
b. ! % of Stored Material S
(Column F on G7M)
Total Retainage (Line Sa+5b or
Total in Column I of G703) ..................... S
6. TOTAL EARNED LESS RETAINAGE ................... S
(Line 4 less Line S Total)
7. LESS PREVIOUS CERTIFICATES FOR
PAYMENT (Line 6 from prior Certificate) ......... S
8. CURRENT PAYMENT DUE .......................... S
9. BALANCE TO FINISH, PWS RETAINAGE ............. S
(tine 3 less Line 6)
SCounty of:
State of:
day of •fig
Subscribed and sworn to before me this y
Notary Public:
My Commission expires:
AMOUNT CERTIFIED .. ...... • .... '
(Attach explanation if amount certified differs from the amount applied for.)
ARCHITECT:
By: Dale:
This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to ;he
Contractor named herein. issuance, payment and acceptance of paymt•nt are Without
prejudice to any Tights of the Owner or Contractor under this C.orltrarI.
t.,n1 1.1111
E
1
f � ,
I' J
CONTINUATION SHEET AfA DOCUMENT C703 (instructions on reverse side) Pict Or PACES
AIA Document CM, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER:
Contractor's signed Certification is attached. APPLICATION DATE:
In tabulations below, amounts are stated to the nearest dollar. PERIOD TO:
Use Column I on Contracts where variable retainage for fine items may apply. ARCHITECT'S PROJECT NO:
f Cs<
C
(
Got
W
A'
8
C
D
E
F
G
ITEM
NO.
DESCRIPTION OF WORK
SCHEDULED
VALUE
WORK COMPLETED
MATERIALS
PRESENTLY
STORED
(NOT IN
D OR E)
TOTAL
COMPLETED
AND STORED
TO DATE
(D+E+F)
%
(C �C)
BALANCE
TO FINISH
(C—C)
RETAINACE
FROM PREVIOUS
APPLICATION
(D+E)
THIS PERIOD
AAA t *CUMtNT C-M • A/ ICA11ON AMU CI91111CAtt FOR fAYAQNI • AtAY 1161 II)MON' AM• • O 171t1
�" 1
I I E�R - 3.-": � I -- E W. E W. .0 1-11, 1 � :1 J L� 36
Honorable Mayor and Members OCT 3 0199g °IL°
of the City Commiss.Lon
SJEJ E Resolution Approving an
Agreement with Miami
Mental Health Center
Cesar H. Od C' ty Commission Meeting
City Manager of November 8, 1990
�N3L0SJR=S
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the
attached resolution, authorizing the City Manager to enter into
an agreement with the Miami Mental Health Center for a Community
Development "Float Loan" in the amount of `M5,000 for the
acquisition of land required to implement a proposed HUD Section
202 Housing project.
BACKGROUND:
The Department of Community Development has analyzed the need to
enter into an agreement with the Miami Mental Health Center
(MMHC) for the provision of a Community Development "Float Loan"
in the amount of $225,000.
The Community Development "Float Loan" will be used for the
purpose of acquiring a 10,000 so_. ft., lot located on the
Southwest corner of N.W. 14th Avenue and 3rd Street, and another
10,000 sq. ft. lot, located at 135 N.W. 6th Avenue, for the
purpose of building 20 units of apartments for homeless and
disabled persons in the community'.
This land purchase
is part of a
$1.1 million dollar HUD Section
202 Housing project
to be implemented by MMHC.
The Center has
already received a
commitment
from the federal
government to
provide permanent
construction
financing in
the amount of
$921,700 at the present
time.
The Float Loan will
be provided
at three percent (3%) interest
rate for a period
of one year
collaterized by
an irrevocable
letter of credit in
favor of the
City of Miami.
Attachment; Resolution
s0-- 892
3� - /