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HomeMy WebLinkAboutR-89-0640RESOLUTION NO. q9-6'10, A RESOLUTION, WITH ATTACHMENT, ALLOCATING $47,329 OF 15TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE HAITIAN AMERICAN COMMUNITY ASSOCIATION OF DADE COUNTY, INC., (HACAD) TO FUND A HAITIAN SOCIAL SERVICE PROGRAM CONDUCTED BY SAID ASSOCIATION, SAID FUNDS HAVING BEEN PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10594, ADOPTED JUNE 7, 1989; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAID AGENCY FOR SAID PURPOSE, IN SUBSTANTIALLY THE ATTACHED FORM. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. $47,329 of 15th Year Community Development Block Grant funds, previously appropriated by Ordinance No. 10594, adopted June 7, 1989, are hereby allocated to the Haitian American Community Association of Dade County, Inc. (HACAD) for the purpose of funding a Haitian social service project conducted by said Association, said funds having been previously appropriated by Ordinance No. 10594, adopted June 7, 1989. Section 2. The City Manager is hereby authorized to execute an agreement, in substantially the attached form, with the aforementioned agency to implement the aforesaid projects as approved by the City Manager, subject to the conditions and limitations contained herein and in the City Code. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of ^ Jul CITY CLERK f{4T XAVIER L 1989. Z, MAYOR CITY COMMISSION MEETING OF JUl hb—"b*40, RESOLUTION No._ PREPARED AND APPROVED BY: ROBERT F. CLARK ASSISTANT CITY ATTORNEY LEGISLATION/SPECIAL PROJECTS DIVISION CHIEF APPROVED AS TO FORM AND CORRECTNESS: JORG L: F ANDEZ CITY ATTORNE RFC:bss:M 1156 CITY OF MIAMI SOCIAL SERVICES AGREEMENT THIS AGREEMENT, entered into this day of , 19_, between the City of Miami, a municipal corporation of the State of Florida, (hereinafter referred to as the "CITY"), and Haitian American Community Association of Dade County, Inc., a Florida not for profit corporation, (hereinafter referred to as the "GRANTEE"). FUNDING SOURCE: Community Development Block Grant Funds- l5th Year TERM OF THE AGREEMENT: July 1, 1989 through June 30, 1990 AMOUNTS $47,329 VENDOR NUMBER: 038410 TAX IDENTIFICATION NUMBERS 59 1689002 v NOW, THEREFORE, in consideration of the mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I. 1.1 As a necessary part of this Agreement, the following documents which have been approved by the CITY are attached: A. Corporate Resolution authorizing execution of this Agreement. B. Work Program. C. Budget Summary, to includes completion of GRANTEE'S Program/Line-Item Budget/Expenditure Justification, Total Actual and Projected Funds Disclosure, and Staff Salaries Schedule (on forms supplied by the CITY); budget for program -generated income; copies of all subcontracts and/or management services agreements funded in whole or in part under this agreement. D. Certificate of Insurance which reflects GRANTEE'S current liability insurance, naming the CITY as primary or additional insured as determined by the Law Department of the CITY; current Workers' Compensation insurance; current Fidelity Bond (applicable for all persons who are authorized to receive and disburse funds under this Agreement); and other coverage as deemed necessary (i.e. automobile insurance). _ 1 89r-640 E. GRANTEE's Corporate Seal (to be affixed to Signatory Page, and Corporate Resolution). - 1.2 As a necessary part of this Agreement, the following documents have been approved by the CITY prior to the execution of this Agreement and are on file with the Department of Community Development: A. Copy of GRANTEE's Articles of Incorporation, Charter and Bylaws. ® B. List of Present Principal Governing Board,, Officers and Members of the Board (names, addresses and telephone numbers). C. List of Key Staff Persons, with their titles, who will carry out this program. D. Completion of Authorized Representative Statement. E. Completion of Statement of Accounting System. F. A letter from an independent Certified Public Accountant - which expresses the opinion that the GRANTEE's internal controls are adequate to safeguard the organization's assets. G. Corporate Personnel Policies and Procedures. H. Job Description and Resumes for all positions funded in whole or in part under this Agreement. 1.3 As a necessary part of this Agreement, the GRANTEE shall provide the follawing documents to the Department of Community Development, in accordance with the requirements of the Agreement: A. Final Expenditure Report to be submitted no later than July 31, 1990. B. Certified Independent Audit to be submitted by June 15, 1991. ARTICLE II. 2.1 TIME OF PERFORMANCE The term of this Agreement shall be from July 1, 1989 through June 30, 1990. 2.2 CITY AUTHORIZATION For the purpose of this Agreement, the City of Miami - 2 - A Department of Community Development ( hereinafter the "DEPARTMM") will. - act on behalf on the CITY in the fiscal control, programmatic monitoring, and modification of this Agreement, except as otherwise provided by this Agreement. 2.3 OBLIGATION OF GRANTEE The GRANTEE shall carry out the services as prescribed in its Work Program (Attachment I), 1/ which is attached and incorporated herein and made a part of this Agreement, in a lawful, and proper manner, satisfactory to the CITY, in accordance with the written policies, procedures, and requirements as prescribed in this AGREEMENT, as set forth by the United States Secretary of Treasury and the City of Miami Department of Calmunity Development. 2.4 BUDGET SiIl+�+ U AMID LINE ITEM BUDGET JUSTIFICATION GRANTEE shall comply with its Program/Line-Item Budget/Expenditure Justification (Attachment II)r/which is attached and incorporated herein and made a part of this Agreement. 2.5 RETENTION OF RECORDS GRANTEE shall retain all financial records, supporting documents, statistical records, and all other records pertinent to this Agreement for a period of three years. The retention period starts from the date of the submission of the final expenditure report. Records for non - expendable property acquired with funds under the Agreement shall be retained for a period of three years after its final disposition. All records retained pursuant to this Section shall be retained beyond the three-year period if audit findings have not been resolved. 2.6 BONDING AND INSURANCE GRANTEE shall maintain insurance and bonding coverages acceptable to the CITY's Insurance Management Division of the Law Department. Prior to commencing any activity under this Agreement, the GRANDEE shall furnish to the CITY certificates of insurance bonding and iixlicating that the GRANTEE is in compliance with the provisions of this article. The nature and details of the Project and Program are to be established pursuant to the approval of the City Manager. -3- GRANTEE shall provide the following coverages: A) Insurance coverage that reflects sound business practices acceptable to the CITY's Insurance Management Division of the Law Department. B) Fidelity bonding for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than the maximum amount of cash held at any one time. Compliance with the foregoing requirements shall not relieve the GRANTEE of its liability and obligations under this section or under any other section of this Agreement. _ 2.7 LEVEL OF SERVICE ` Should start-up time for a program be required or any delays in service occur, the Department of Community Development is to be notified in writing immediately, giving all pertinent details and indicating when service shall begin and/or continue. It is understood and agreed that the level of services, activities, and expenditures by the GRANTEE, in existence prior to the initiation of services hereunder, shall be continued and shall not be reduced in any way as a result of this Agreement. Programs funded through this Agreement shall not result in the displacement of employed workers, impair existing contracts for services, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. 2.8 PURCHASING AND INVENTORY - GRANTEE shall use its best efforts to obtain all supplies and equipment for use under this Agreement at the lowest practical costs and shall solicit three bids for the purchase of capital equipment. The three bids shall accompany all requests for payment. All non -expendable property acquired for the program with CITY funds shall revert to the CITY at the end of CITY's funding of the Program (non -expendable 1 S property being properties which shall not be consumed orrlose identity). GRANTEE shall be responsible to CITY for any - 4 - damage or destruction to said property and shall reimburse CITY for such damage or destruction. GRANTEE shall establish and maintain a property control system and shall be responsible for maintaining a current inventory on all capital items purchased with CITY funds. All capital expenditures over $50.00 must be approved by CITY prior to purchase. All items purchased remain the property of CITY and are to be inventoried as such, which shall include a property record listing the description, model, serial number, date of acquisition, and cost. Such property shall be inventoried semi-annually, and an inventory report submitted to CITY. GRANTEE shall permit CITY staff access to the premises where property is kept for the purpose of performing inventory monitoring functions. GRANTEE shall not - dispose of real or personal property purchased with CITY funds through sale, loan, or relocation without receiving prior written approval of the City Manager. 2.9 MINORITY PROCUREMENT COMPLIANCE CLAUSE - GRANTEE acknowledges that it has been furnished a copy of Ordinance No. 10536, the Minority Procurement Ordinance of the City of Miami, and shall comply with all applicable substantive and procedural provisions therein, including any amendments thereto. 2.10 DISCLOSURE OF FUNDS GRANTEE shall disclose all sources (public or private) and amounts of funds reflecting the total budget whether they be real or in -kind at the commencement of the Agreement period, as well as any changes in the amount of funds through program income or the sources received during the term of this Agreement, within 30 days of such change. Examples of in - kind funds include free rent, labor, and office equipment. 2.11 FINAL EXPENDITURE REPORT ' A final expenditure report shall be submitted to the CITY by July 31, 1990. This report shall reflect actual expenditures, by line -items, versus budgeted expenditures. All persons employed and paid pursuant to this Agreement are 0 0 to be listed by name, title, Social Security number, date hired or terminated, ethnic background, and total salary reflecting both CITY and other funding sources. 2.12 REPORTS AND EVALUATIONS GRANTEE shall transmit to CITY, in writing, in a format acceptable to CITY, quarterly reports regarding current activity and the progress of the GRANTEE's activities. GRANTEE shall submit to CITY such additional reports as may be requested. GRANTEE shall prepare, in writing, in a format acceptable to CITY, any reports or documentation that may be required by 4. Federal, State or Local Directives. The GRANTEE shall comply with the Federal Directive required by the U.S. Department of Housing and Urban Development (USHUD) to document that program activities are provided for the benefit of low to moderate income persons. In accordance with the Code of Federal Regulations 24 CFR Part 570.506, records shall be maintained for each activity to determine that services benefit low and moderate income persons. The following criteria shall be used to document said requirements (i) Documentation establishing that the service provides a presumptive benefit to low and moderate income persons (i.e. senior citizens, handicapped persons, battered spouses, abused children, the homeless, illiterate persons or migrant farm workers)f or (ii) Documentation describing how the nature and, if applicable, the location of the service establishes that it is used predominantly by low and moderate income personal or (iii) Data showing the size and annual income of the family of each person receiving the benefit. - At the request of CITY, GRANTEE shall transmit to CITY r written statements of GRANTEE's official policy on specified issues relating to GRANTEE's activities. 6 - CITY may carry out monitoring and evaluation activities, including visits and observations by CITY staff; GRANTEE shall ensure the cooperation of its employees and Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY on a quarterly basis or obtained through monitoring and evaluation by the CITY, shall constitute good cause for the CITY to terminate this Agreement at any time thereafter. 2.13 AUDITS GRANTEE will comply with all applicable federal regulations relating to the submission of an independent audit from a certified public accountant. CITY will advise the GRANTEE, in writing, of said audit requirements within three (3) months of the commencement of this agreement.- The GRANTEE agrees to budget sufficient funds allocated under this Agreement to secure an independent audit from a certified public accountant which must include the expression of an opinion on the financial statements, and a compliance letter which tests whether the GRANTEE is in conformity with Community Development Block Grant or other applicable regulations. Line Item Change Requests will be accepted to cover the cost of the required audit. Additional funds will not be granted for this purpose. If applicable, said audit shall be submitted to the Social Programs Division of the CITY's Department of Community Development no later June 15, 1991. 2.14 CPA LETTER GRANTEE shall submit to the CITY at the commencement of the Agreement a letter from an independent Certified Public Accountant (CPA) which expresses the opinion that the GRANTEE's accounting system has adequate internal controls to safeguard the assets of the organization. Expenses incurred to secure the CPA letter may be covered by the CITY grant and must be included in the expenditure justification form of the budget summary. - 7 - t ARTICLE III. 3.1 COMPENSATION A. CITY shall pay GRANTEE, as maximum compensation for the services required pursuant to Article lI hereof, $47,329. B. CITY shall have the right to review and audit the time , records and related records of GRANTEE pertaining to any payments by CITY. 3.2 METHOD OF PAYMENT A. Upon execution of this Agreement and with a written request from GRANTEE, CITY may advance 1/6th of the appropriated funds to GRANTEE. The advance shall be justified as follows: one-half (1/2) in nine (9) equal monthly installments commencing in the third month of this Agreement and continuing through the eleventh month of this Agreement; one-half (1/2) in the twelfth and 'final month of this Agreement. This method of justifying the advance may be amended by the DEPARTMENT. Funds shall not be advanced by the CITY if the GRANTEE is in default under this Agreement. B. All payments shall be reimbursements for expenditures incurred only during the term of this Agreement, and in compliance with the previously approved Line -Item Budget. Such written request shall contain a statement declaring and affirming that all expenditures were made in accordance with the approved budget. All documentation in support of such request shall be subject to approval by CITY at the time the request is made and all invoices are required to be paid by GRANTEE prior to submission. All reimbursements must be in line -item form and be in accord with this Agreement. All expenditures must be verified by original invoice with a copy of the check which was used to pay that specific invoice. Within 60 days of submitting reimbursement request, copies of the cancelled checks shall be submitted. In the event that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid 8 - 89-640, . by various funding sources equaling the total of the invoice. No miscellaneous categories shall be accepted as a line item in the budget. Request for line -item changes are allowable, with prior review and approval by the CITY. All line -item changes must be made prior to the end of the term of the agreement. C. Requests for payment should be made at least on a monthly basis. Reimbursement requests should be submitted to the I CITY within thirty (30) calendar days after the indebtedness has been incurred. Failure to comply may result in the rejection for repayment of those invoices within the reimbursement package which do not meet this requirement. D. GRANTEE must submit the final request for payment to the CITY within 30 calendar days following the expiration date or termination date of this Agreement. If the GRANTEE fails to comply, all rights to payment are forfeited and the CITY shall not honor any request submitted after the aforesaid agreed upon period. E. Any payment due under this Agreement may ,be withheld pending the receipt and approval by the CITY of all reports due from the GRANTEE as a part of this contract and any modifications thereto. 3.3 FINANCIAL ACCOUNTABILITY T CITY reserves the right to audit the records of GRANTEE at any time during the performance of this Agreement and for a period of three years after final payment is made under this Agreement. GRANTEE agrees to provide all financial and other applicable records and documentation of services to CITY. Any payment theretofore made shall be subject to reduction for amounts included in the related invoice which are found by CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to GRANTEE are - subject to reduction for overpayments on previously submitted invoices. MM A 3.4 RECAPTURE OF FUNDS CITY shall reserve the right to recapture funds when the GRANTEE shall fail (i) to comply with the terms of this Agreement or (ii) to accept conditions imposed by CITY at the direction of the federal, state and local agencies. 3.5 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. 3.6 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS To be eligible for reimbursement for personnel costs, GRANTEE shall submit. to CITY for prior written approval, in accordance with U.S. Department of Labor guidelines, a detailed statement of the personnel policies of GRANTEE. These personnel policies are to include, but are not limited to, pay schedules, fringe benefits, resumes from staff, method used to compute vacations and ill time, working hours, office procedures, paid holidays, computation of wages, job descriptions to include qualifications for job, an affirmative action plan, an equal employment opportunity statement, disciplinary procedures and methods, and format for and frequency of employee evaluations. The CITY shall not reimburse GRANTEE for family health care insurance premiums, nor shall the CITY reimburse GRANTEE for employee retirement benefits. ARTICLE IV. 4.1 PROJECT PUBLICITY GRANTEE shall abide by affirmative action regulations in informing residents of the geographical area to be served hereunder and of the services to be offered by utilizing any available means for advertisement, as necessary for recruitment and outreach. All literature, advertising, publicity or promotion regarding GRANTEE's activities will be submitted to CITY for review and - 10 - approval prior to release or distribution. No press conference shall be scheduled without written notice to CITY. 4.2 NONDISCRIMINATION GRANTEE agrees that it shall not discriminate as to race, sex, color, creed, national origin or physical handicap in connection with its performance under this Agreement. 4.3 CONFLICT OF INTEREST GRANTEE covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY except as permitted pursuant to this Agreement. GRANTEE further covenants that, in the performance of this Agreement, no person having a , conflicting interest shall be employed. Any such interests on the part of GRANTEE or its employees, must be disclosed in writing to CITY. GRANTEE 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 22-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. — 4.4 INDEMNIFICATION GRANTEE shall indemnify, defend and save CITY harmlesW from and against any and all claims, liabilities, losses, and causes of action which may arise out of GRANTEE's activities under this Agreement, including all other acts or omissions to act on the part of GRANTEE, including any person acting for or on its behalf; from and against any relevant orders, judgments, or decrees which may be entered against the CITY; and from and against all costs, attorney's fees, expenses, and liabilities incurred by the CITY in the defense of any such claims or in the investigation thereof. 4.5 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS Both parties shall comply with all apftlicable laws, ordinances, and codes of federal, state and local governments. j 89-6 40 4.6 AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. 4.7 SUBCONTRACTS GRANTEE agrees to give advance written notification to the CITY of any subcontract. None of the services covered by this Agreement shall be subcontracted without the prior written approval of CITY. Any work or services sub- contracted hereunder shall be subject to the terms and conditions of this Agreement. Proper documentation in accordance with the DEPARTMENT and CITY guidelines and directives must be submitted to and approved by the DEPARTMENT prior to the execution of any subcontract. The advance notification process shall include the followings A. Identification of the subcontractor and services to be provided. B. The proposed subcontract, together with a complete and accurate breakdown of the price on a component -by - component basis, and all bid documents. C. Identification of the type of subcontract to be used. D. Summary of actions taken to select the subcontractor. Nothing contained herein shall create any contractual relationship between CITY and any subcontractor working for GRANTEE. 4.8 OWNERSHIP OF DOCUMENTS All documents developed by GRANTEE under this Agreement shall be delivered to CITY by said GRANTEE upon completion of the services required pursuant to this Agreement and shall become the property of CITY, without restriction or limitation on its use. GRANTEE agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and GRANTEE 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 documents or thing which is given by CITY to GRANTEE pursuant 12 - 89--& 4 0, r ; to this Agreement shall at all times remain the pfoperty of CITY and shall not be used by GRANTEE for any other purposes whatsoever without the written consent of CITY. 4.9 AWARD OF AGREEMENT GRANTEE 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. 4.10 NON-DELEGABILITY The obligations undertaken by the GRANTEE pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. 4.11 CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida. T 4.12 OBLIGATION TO RENEW Upon expiration of the term of this Agreement, GRANTEE agrees and understands that CITY has no obligation to renew this Agreement. 4.13 TERMINATION OF CONTRACT CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to GRANTEE, who shall be paid for those services performed prior to the date of its receipt of,.the notice of termination. In no case, however, shall CITY pay GRANTEE an - amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and GRANTEE that any payment made in accordance with this Section to GRANTEE shall be made only if said GRANTEE is not in default under 13 - 89-640- R r the terms of 9-lis Agreement. If GRANTEE in dethult, then CITY shall in no way be obligated and shall not pay to GRANTEE any sum whatsoever. 4.14 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 day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GRANTEE 3500 pan American Drive Haitian American Community As - Miami, Florida 33133 sociation of Dade County, Inc. 8037 N.E. 2 Avenue Miami, Florida 33138 B. Title and paragraph headings are for convenient refrence and are not a part of this Agreement. C. In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. D. 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. E. Should any provisions, paragraphs, sentences, words or phrases contained in this Agreement be determined by a 4 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 - 14 - remaining terms and provisions of this Agreement shall ' remain unmodified and in full force and effect. 4.15 INDEPENDENT CONTRACTOR GRANTEE and its employees and 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 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 CITY. 4.16 SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 4.17 DEFAULT PROVISIONS In the event that GRANTEE 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 GRANTEE, may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to GRANTEE by CITY while GRANTEE was in default of the provisions herein contained shall be forthwith returned to CITY. ARTICLE V. GRANTEE CERTIFICATIONS 5.1 GRANTEE certifies that: Y A. It possesses the legal authority to enter into this Agreement by way of a resolution, motion, or similar action that has been duly adopted or passed as an official act of GRANTEE's governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the GRANTEE to act in connection with the Agreement and to provide such additional information as may be required. 15 - 89 -640, - x B. It shall comply with the provisions of the Hatch Act which limits the political activity of employees. C. No program under this Agreement shall involve political activities. D. It shall 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 family, business, or other ties. E. Participants or employees in the program pursuant to this Agreement shall not be employed on the construction, operation, or maintenance of that part of any facility which is used for religious instruction or worship. F. Appropriate standards for health and safety in work and training situations shall be maintained. G. Persons employed in public service jobs under this Agreement shall be paid wages which shall not be lower than whichever is the highest of (a) the minimum wage which would be applicable to the employer under Federal standards, (b) the State or local minimum wage for the most nearly comparable covered employment, or (c) the prevailing rates of pay for persons employed in similar occupations by the same employer. H. It shall comply with the Civil Rights Act as amended. I. It shall comply with the uniform administrative requirements of the Office of Management and Budget Circular A-122, "Cost Principals for Non Profit Organizations", and Attachments A, B, C, F, H, N and O of OMB Circular No. A-110. J. It shall comply with the Anti -Kickback Act, ,Title 18, USC section 874, and provisions of the Federal Labor Standards, Title 29. K. It shall comply with the procedures set forth ip the Policies and Procedures Manual for Community Based Organizations. - 16 Y- 0 f — ARTICLE VI ENTIRE AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized on the first date above written. CITY OF MIAMI, a municipal Corporation of the State ATTESTt of Florida T MATTY -HIRAI City Clerk ATTESTt Corporate Secretary By CESAR H. ODIO City Manager GRANTEEt Haitian American Community Association of Dade County, Inc., a Florida not for profit corporation By Louis Herman Bowery, chairman SEAL GUARANTEE I in consideration of the City of Miami's execution of the foregoing Agreement, the undersigned, guarantee the performance of the terms and conditions in said Agreement required to be performed by the Grantee including but not limited to the provisions relating to default, assurances, and certifications. Dated this day of , 1989. , an individual By individually WITNESS: APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO FORM AND CORRECTNESSs, INSURANCE.MANAGEMENT JORGE L. FERNANDEZ CITY ATTORNEY - 17 -