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HomeMy WebLinkAboutR-83-0143it } N J-83-29 rr RESOLUTION N083"'"143-- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED, WITH THE HAITIAN TASK FORCE IN THE AMOUNT OF $43,750, USING FEDERAL FUNDS FOR SAID CONTRACT, TO BEGIN IMPLEMENTING A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM. WHEREAS, the City Commission is committed to economic development and the expansion of trade and commerce; and WHEREAS, the promotion of economic revitalization in the neighborhoods of the City of Miami is an important part of the City's economic development strategy; and WHEREAS, the Haitian Task Force has approached the City to request assistance to support the economic development of the Little Haiti Business District; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a contract, in substantially the form attached, with the Haitian Task Force in the amount of $43,750, using Federal Funds for said contract, to begin implementing a Neighborhood Economic Development Proqram. PASSED AND ADOPTED this loth day of February, 1983. OZ� RALP G. GIE, CITY CLERK PRE ARED AND APPROVED BY: ROBERT F. CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: r - ?. / SE R. GARCIA-PEDROSA CITY ATTORNEY Maurice A. Ferre MAURICE A. FERRE M A Y 0 R CITY COMMISSION VLEETING OF F E 8 10 1983 4,w6 13 RESOLUTION tii. 4J A. ..«............. REA6A M ............................ CITY OF MIAMI ECONOMIC DEVELOPMENT CONTRACT ti TABLE OF CONTENTS i ARTICLE I 1.1 Contract provisions...............................1 ARTICLE II General Obligations 2.1 City Authorization ...........................2 2.2 Obligation of Contractor .........................2 2.3 Compliance with Federal, State andLocal Laws...................................3 2.4 Contract Modification .............................3 ARTICLE III 3.1 Work Program.....................................3 ARTICLE IV Conditions of payment 4.1 Budget Summary...................................3 4.2 Method of Payment................................3 4.3 Reimbursement -Timely Submission .......... .......A 4.4 Salaries, Fringe Benefits, Job Descriptioris ......4 4.5 Financial Accountability .........................5 4.6 Retention of Records .............................5 4.7 Bending acid Insurance ......0.....................5 4.8 Subcontracts ............... .....................6 4.9 Reports, Audits, and Evaluations .... .......... ...7.' • ART ICLE V General Conditions 5.1 Project Publicity ......................8 5.2 'Equal Opportunity................................8 5.3 Conflict of Interests ............................8 5.4 Indemnification..................................9 5.5 Level of Service.................................9 5.6 Purchasing and Inventory .........................10 5.7 Disclosure of Funds ..............................11.- 5.8 Final Expenditure Report .........................11 ARTICLE VT Compensation Method 6.1 Maximum Compensation..............................12 6.2 Generating -of Revenues ............................12 6.3 Time of Performance...............................12 6.4 Obligation to Re-New..............................12 6.5 Recapture of Funds................................14 ARZ :[CLE VI I General Assurances and Certifications 7.1 Contractor Assurances and Certifications ..........1.2 7.2 Anti -Kickback Provision ...........................14 ARTICLF: VIII Termination Clause.....................................14 83-1.13 CITY Or 14IJVII, FLORIDA ECONOMIC DEVELOPMENT CONTRACT xj TIiIS AGREEMENT, entered into by and between the City of Miami, a political subdivision of the State of Florida, hereinafter referred to as the "City", and The Haitian Task Force hereinafter referred to as the "Contractor", a corporate body - fully organized and existing and by virtue of the lams of the State of Florida as a non-profit corporation, having its prin- cipal office at for the period beginning March;,l, 1983 and ending February .29,-._ 1984 Funding Source: Community Development • Block Grant In consideration of the covenants and agreements here- inafter set forth, the parties hereto agree: P-^.TICLE I As a necessary part of this Agreement, the Contractor agrees to provide the City with the following standard require- ments. 1_ 1 CONTRACT PROVISIONS 1. Copy of Con'L-.ractor's•"Articles of Incorn orat-on, Charter and By-laws. 2. List of Present Principal Governing Board Officers and Memcbers of the Board (names, addresses and telephone nwnber. 3. List of Key Staff Persons, smith their titles, e:ho will carry out: this: program. 4. Copy of Contractor's currr�nL• ricaciity Bond (applicable for all persons who are authorized to raccive anA dis- Y_ur.!;e fi)n('- : iincl.:!r. t_t:i.s Coll f•r.'tCL-J_ 83-1,13 i''N 5. Completion of Authorized Representative Statement (on form supplied by the City). G. Completion of Statement of Accounting System (on form supplied by the City). 7. CPA letter verifying the Contractor's Accounting Sys- tem or current Audit Report (which verifies the Con- tractor's internal controls as adequate to safeguard the organization's assets). S. Final, Expenditures Report (to be submitted 30 days after contract expires). 9. Work Program and Line -Item Budget (subject to approval by the Department of Economic Development). 10. Proof of Workman's Compensation Insurance. 11. Contractor's Corporate Seal (to be affixed to Signatory Page). 12. Corporate Personnel Policies any. Procedures. ARTICLE II GENERhL OBLIGATIONS 2.1 CITY AUTHORIZATION For the purpose of this contract the City of Miami Department o` Economic Development will act in behalf of the City in the fiscal control, programmatic monitoring and modification of this Contract. 2.2 OBLIGATION OF CONTRACTOR The Contractor agrees to carry out the project as prescribed in its attached Work Program in a lawful, satisfactory, and proper manner, in accordance with the written policies and procedures, and requirements as prescribed in this Agreement, as set forth by the United States Secretary of Treasury, and the City of Miami Departments of Community Development and Econonic Development, all other state and local.laws and in accordance with the require- ments described in the Department of Economic Development's Policies and Procedures Manual for Community Based Organizations which is attached to and made part of this contract. -2- 83"-1,13 N 2_ 3 COMPLIANCE WITH MMRAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordinance, and codes of Federal, State, and local governments. Specifically, the Contractor agrees to comply with the Housing and Community Development Acts of 1974 and 1977, Section 109 with Executive Order 1.1246 and 11063; and with Section 3 of the Housing and Urban Development Act of 1968 (Section 570, 303). 2.4 CONTRACT MODIFICATION The City or Contractor may, from time to titre, request changes in the fork Program to be performed hereunder. Such changesr including an increase or decrease in the amount of Contractor compensation, which are mutually agreed upon by and between the City.and the Contractor, must be incorporated in written = amendments to this Agreement executed by the City and the Contrac- tor and are subject to the provisions contained in the Policies and Procedures Manual for Community Based Organizations. ARTICLE III 3.1 1 ORK PRO GRA14 AND LINE ITEM BUDGET A description of the Contractor's Stork Program Specifications is attached and hereby incorporated and made part of this Agreement. ARTICLE IV CONDITIONS OF PAYMIENT 4.1 EUD^,ET ST-11-MA RY AND JUSTIFICATION The total Contractor budget summary and justification attached hereto, is hereby incorporated and made part of this Agretr,ent. 4.2 METHOD OF PAYMENT payments, unless o hcrl•7i--e st:ipalc ted, shall be. re :r:burserme_,t for expenditures incurred only in. coni..ract period, and in cn:n,pl.izince with a previ oll A-Y approved tine iten budget_ Such r.eimbur,c:rnent requests nhall contain a state -went declaring and F3 �.1.1'liil.!I�j tYlili'. il�.� (11.::2�.1'!'ti!.?U�F�ilt:r: �at`i'i• i":'.�C`. �.1! at'co-4,1zinco with 8'N.. 1'1 lJ i .N the approved budget. All documentation in support of such request is made and all invoices should have been paid by the Contractor prior to submission. All reimbursements must be in line item form and be in accord with the contract. All expenditures must be verified by original invoice with a copy of the cancelled check which was used to pay the specific invoice. In case that an invoice is paid by various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources. equafing the total of the invoice. All petty cash accounts must be justified with proper documentation. Request for budget line -changes are allowable, with prior review and approval by the City. Requests for advance payments shall be submitted, including the amount requested and a justification, in writing to DTCD for review and approval. 4.3 REIMBURSEMENT - TIMELY SUBMISSION Requests for payment shall be made on a monthly basis. Reimbursement requests shall be submitted on the fourth (4th) working day of each month. Reimbursement requests for expenditures incurred during the life of this Contract shall not be honored unless received by the City within forty-five (45) days following the expiration date. 4.4 SALARIES, FRIDGE BENEFITS, JOB DESCRIPTION'S To be eligible for reimbursement for personnel costs, the Contractor shall submit to the City for approval, in accordance with Department of Labor guidelines, a detailed statement of the personnel policies of the Contractor. These personnel policies will include, but not be limited to, pay schedules, fringe benefits, resumes for contract staff, method used to compute vacations and ill time, working hours, office pro- cedures, paid holidays, computation of wages, job description to include qualifications for job, an affirmative action plan, an equal employment opportunity statement, disciplinary pro- cedures and method, format for and frequency of employee83"" 1-13. evaluations.-, 'he personnel policies to" a followed under this Contract shall be those used by the Contractor in the ordinary course of its business, providing, however, such policies conform to the provisions of the Intergovernmental Personnel Act of 1970 (Public Law 91-648 effective January 5, 1971) . 4.5 FINANCIAL ACCOUNTABILITY At any time or tines prior to final payment under this con- tract, the City may have the Contractor's financial records audited. Each payment theretofore made shall be subject to :. reduction for amounts included in the related invoice or voucher which are found by the City Manager, on the basis of such audit, not to constitute allowable cost. Any payment may be reduced for payments, or increased for underpayments, on preceding invoices or vouchers or to repay any amounts. 4.6 RETENTION OF RECORDS Contractor agrees to retain all financial records, supporting docr-merts, statistical records, and all other records, pertinen- to this contract, for a period of three years. The .:retention period starts fron the date of the submission of the final expenditure report. Records for non -expendable property acquired with funds under the Contract, shall be retained for a period of three years after its final disposition. Said records shall be retained beyond the three year period if the audit findings have riot been resolved. 4.7 BOINDING A?JD INSURAZ'CE The Contractor shall maintain during the term of this Contract the insurance and bonds specified below: a) Insurance coverages should reflect sound business prac- tices as determined by the City of Miami. b) Prior to the disbursement of funds to the Contractor, 8.3...1•1 u • the Contractor shall submit proof of fidelity bonding for all persons handling funds received or disbursed under this Contract in an amount equal to or greater than the maximum amount of cash held at anyone time: $10,000. e) The Contractor shall furnish certificates of insurance and bonding to the City prior to commencing any act- ivity under the Contract. Said certificates shall clearly indicate the Contractor is in strict compli- ance tuith provisions of this article relating to insurance. 4.8 SUBCONTPACTS Contractor agrees to'give advance notification, in m riting to the City of any subcontract. None of the work.or ser- vices, including, but not limited to, consultant work or services, covered by this contract shall be subcontracted t:ithout prior written approval of the City. Any work or services subcontracted hereunder shall be subject to each provision of this contract. Proper documentation in ac- cordance with the Department of Economic Development and City guidelines must be submitted to and approved by the City prior to the execution of any subcontract hereunder. The City reserves the right to reviec-i all bid documents both with the Private Non -Profit Contractor, and other en- tities, hereunder, to review and audit boots and records related to the bidding process. The advance notification process shall include the following: a) Identification of the subcontractor and services to be provided.. b) The proposed subcontract price together with a complete and accurate breakdown of that price on a component by component basis. c) Identification of the type of subcontract to be used. d) Summary of actions taken to select the subcontractor. i 4.9 mroy:ys, AUDITS, AND I:VALTRI'VIONS The City shall cooperate with the Contractor in the conduct of activities delegated under this contract as reasonably requested and as described in the Policies and Procedures Manual for Conmu- nity Based Organizations. The Contractor agrees to submit to the City such reports as may be required, The Contractor also agrees to prepare and retain and permit the City to inspect as it deems necessary for grant purposes records that may be relevant to Federal, State or local directives. Contractor will transmit to the City, in :•rriting, monthly reports regarding current activity and the progress of the Contractor's activities in the format presented by the City. At the request of the City, Contractor will transmit to the City written-statemen-s of contractor's official policy on specified issues relating to Contractor's activities. The Contractor further agrees that the City may carry out monitoring and evaluation activities to include at a mir_- i ntu , visits and observations by tide City staff and will effectively ensure the cooperation of the Contractor's employees and board members in such efforts. All reports, *audits, and evaluations either submitted to the City on a monthly basis, or acquired through on -going monitoring and evaluation will be thoroughly reviewed by the City. Any dis- crepancies, incomplete or inadequate information either received on a monthly basis or through monitoring and evaluation, will give the City just and legal cause to terminate this agreement at any time thereafter. -7- 83- 143,- ARTICLE v LENEI:,IL CONDITIONS 5.1 PROJECT PUBLICITY The Contractor must abide by affirmative action regulations in informing residents of the geographical area to be served hereunder, of the services to be offered by utilizing any. available means for advertisement, as necessary for re- cruitment and outreach. All literature, advertising, publicity or promotion.re- . garding the Contractor's activities will be sub«'tted to the City for review and approval prior to the release or distribution. No press conference will he scheduled without prior written notice to the City. 5.2 EQUAL OPPORTUNITY The contractor agrees that there will be no discrirrin- ation against any employee or person served on account of race, color, sex, religious creed, ancestry, or nat- ional origin in its performance of this contract; and it is expressly understood that upon the receipt of evidence of such discrimination, the City shall have the right to terminate this contract. 5.3 CONFLICT OF INTERESTS No official -or employee of the Contractor may be admitted directly or indirectly to any share or part of this con- tract or to any benefits to arise from the same nor ow-n or acquire any personal interest in any property* contract or proposed contract wh_; ch would conflict with or relate to the performance, their duties or responsibilities undor this contract. T.f any such person presently or in the fut- ure acquires, owns or controls any such share, benefit, or personal. interest, Inc :llall irwniunllat:e .,y disclose such interest• to the City "nd (other appropriate agencies). 8 3'1431-- Upon such disclosure, such person shall discontinue his/her participation if such participation is contrary to the public interest. The Contractor will comply with all Federal, State and local conflict of interest laors and requirements. SA INDEMNIFICATION The Contractor understands and agrees that it is an inde- pendent Contractor that agrees to indemnify and hold harm- less the City from liability of any kind, including costs ' and expenses for or on account of any or all suits actual or threatened or damages arising out of the contract. ,. The Contractor will present proof of coverage of liabi- lity which is acceptable to the City. In addition, the contractor will hold the City harmless and will indemnify the City fQr funds which the City is obligated to refund the Federal government arising out of the conduct of ac- tiviti.es and administration of the Contractor. 5.5 TFVtL OF SERVICE it is expected that funds are provided to insure quality service to City residents. Should start-up time for a program be required or any delays in service occur, the Department of Economic Development is to be notified in writing immediately giving all pertinent details and indication when service will begin and/or continue. It is wzderstood and agr'2ed that- the level of services, activities and expenditures by the Contractor, in exis- tence prior to the initiation of. services hereunder, shall be continued and not be reduced in any way as a result of this Contract except for reductions unrelated to the pro--'' visions or purposes herein staged. It is further under- stood and agreed that the program funded through this Con- tract will not result in the displace -mu -nit: of employed workers, impair existing contracts for services or result in the substitution of funds allocated under this Contract for other funds in connection with work which would havre been Performed uvoll in the db..enc a uf• this Contract 5.6 PURCHASING AND INVENTORY The contractor agrees to use its- best efforts to obtain all supplies and equipment for use under this contract at the lowest practicable cost and three (3) bids for the purchase of Capital Equipment to a^company all requests and, agrees to use the procurement of sources available to it to the extent applicable to all Federal, State, and local laws. All non -expendable property acquired for the program with City Funds will revert to the City at the end of the City's funding of the Program. Non -expendable property being properties which twill not be consumed or lose identity. The Contractor shall be responsible to the City for any damage or destruction to said property and shall reimburse the City for such damage unless the City or its employees shall have caused the damage. The Contractor shall establish and maintain a property con- trol system and shall be responsible for maintaining a current inventory on all capital items purchased with City Funds_ It should be clearly understood that all Capital Expenditures over $50.00 must be approved by the City prior to purchase_ It'should also be understood that all items purchased remain the property of the City and should be inventoried as such. This will include list- ing on a property record by description, model serial number, date of acquisition.and cost. Such property shall.be inventoried annually, and an inventory report submitted to the City. The contractor shall permit des- ignated City staff access to the premises where property is kept for the purpose of perforr.�ing inventory monit- oring functions. The Contractor shall not dispose of real or personal property purchased with City funds through sale, use, loan or relocation without the written permission of the City. The Contractor, in the procurement of supplies, equipment, construction or service to implement this project, shall make a positive: effort to utilize. small business and min-83-142_. i n- ority o:ened business sources of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this memorandum of Agreement. To the maximum extent feasible, these small business an$ minority owned businesss sources shall be located in or owned by residents of the Commun- ity Development Target Area (s) designated by the City of Miami in the Community Development Grant application approved by the U.,S. Department of Housing and Urban Development. 5.7 DISCLOSUPZ OF FUND$ The contractor shall disclose all sources(Public and Private), and amounts of funds reflecting the total bud- get whether they be real or in kind at the commencement of the contract period, as well as any changes in the amount of funds through program income or other sources received during the term of agreement, within thirty (30)- days of such change. Examples of inkind funds to include free.rent, labor, office equipment, etc. 5.3 FINAL EXPENDITURE REPORT A final budgetary report including audited financial state ments shall be submitted to the City within thirty (30) days after the ekpiration of the contract period. This report should reflect actual expenditures, by line-itemns, versus p;oposgd expenditures submitted at the beginning of the Contract year. All persons employed and paid pur- suant to this Cont'feact should be listed by name, title, Social Security number, date hired or terminated, ethnic background, and total salary reflecting both City and other funding sources. AMICLE VI CO:fPr;NSXrIO:J METH02 ---------------- 8u^1 •1 c. 6.1 The Contractor agrees to accept as full•payment for pro- fessional services rendered in a manner satisfactory to the City, the actual amount of budgeted, eligible and City approved expenditures and encumbrances made by the Contractor for the purpose of carrying out the services hereunder during the period of this Agreement. It is ex- pressly understood and agreed that in no event, shall the total compensation said/or reimbursement to be paid here- under exceed the maximum sum of 43,750. GENERATING OF REVENUES 6.2 Contractors are required to generate 25%'of the second half of the contract's funding, or the amount of $6,250, by September 1, 1983. In the event that Contractor fails to ge- nerate the above mentioned amount byAugust1, 1983, this contract will be terminated and all outstanding unencumbered and unused monies will be returned to the City. TIME OF PERFORMANCE 6.3 This Contract shalll become effective upon execution, and the services of the Contractor are to commence on March 1, 1983 and terminated on Feburary 29,.1984. OBLIGATION TO RE -NEW y Upon termination of'this Agreement, the Contractor agrees and understands that the City has no obligation to this Contract. 6.4 RECAPTURE OF FUNDS 6.5 The City shall resei;e the right to recaputre funds when the contractor fails to comply with the terms of the agreement or refuses to accept conditions imposed by the City at the direction of the U.S. Department of Housing and Urban Development. 83--1.13: • ARTICLE VII GENERAL ASSURANCES AND CERTIFICATIONS i 7.1 THE CONTRACTOR ASSUPES AND CERTIFIES THAT: 1) It possesses legal authority to enter into this Con- tract; a resolution, motion, or similar action has been duly adopted or passed as an official act of the Contractors 11overning body, authorizing the exe- cution of the Contract, including all understandings' and assurances,contained herein, and directing and authorizing the person identified as the official rep- resentative of the Contractor to act in connection with the Contract and to provide such additional in- formation as may be required.- 2) It will comply with the provisions of the Hatch Act which limits the political activity of employees. 3) It will comply with the requirement that no program under this Contract shall involve political ac,4--ivi- ties (Section 710). .4) It will establish safeguards to prohibit•employees { from using their positions for a purpose that is or gives the appearance of being motivated eby desire -for private gain for themselves or others, particularly those with whom they have family, business or other . ties (Section 702 (s)). 5) Participants or employees in the program found pur- suant to this Agreement, will not be employed on the,.-... construction, operation or maintenance of that part of any facility which is used for religious instruc- tion or worship (Section 703(s)). 6) Appropriate standards for health and safety in work and training situations will be maintained (Section 703(5) 1 '1 7) p�, sons• emplc,, ad in public service jobs under this Contract shall be paid wages which shall not be lower mian whichever is the highest of (a) the minimum +•gage which would be applicable to the employer under the Fair Labor Standards Act bf 1938, if Section G '(a) (1) of. such title applies to the participant and if he were not exempt under Section 13 thereof; (b) the State or local minimun wage for the most nearly com- parable covered employment, or (c) the prevailing , rates of pay for persons employed in similar public occupations by the same employer (Section 208 (a) (?)) 8) It will comply with Ti£"Ye VI of the Civil Rights Act of 1974, Title VIII of the Civil Rights Act of 19G8, and Executive Orders 11246'and 11063, and Section 3 of the Housing and Urban Development Act of 1968, as amended and incorporated herein by reference. 9) It will comply with the regulations and requirer:ents of the OfA'i%e of Nanagement and Budget Circular A-102, "Uniforn Administration Requirements for Grant -in -Aid to State and Local Goverrnents" and Federal t•:anagement Circular 74-4, "Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments."MOP 1 — 7.2 ANTT.-KICr3ACK PROVISION •.' The Contractor will comply with the Anti -Kickback- Act, Title 18, USC Section 874, and provisions of the Federal Labor Standards; Title 29. . tARTICLE VIII T EFOITNNrION CLAUSE. 2.3. The City, by giving written notice specifying the effective clate, may term.i.nat:e this Contract in whole or in part. fo.r cau:o which shill include: (1) Failure, for any reason, of tLIO Contractor to fulfill in a timaly and propdr mannetr its obliga- tion!-; under thin Contract-, inc:l.ucling co: plianc:i wi'.•t: L►.:o -la- 83-142� . approved work Program and attached conditions, the Policies and Procedures Manual for community Based Organizations, and such • directives as may become generally applicable at any time, (2) submission by the Contractor to the City, of repotta - that are incorrect or incomplete in any material respect, O Y'ineffective or improper use of funds provided under this Contract; and (4) failure to generate the required revenue as specified by paragraph 6.2 of this agreement. Further, it is mutually agreed that the Contractor shall immediately, upon demand by the City, cease and terminate any an all acti- vities including but not limited to divesting itself and any subsidiary(s) of specific assets and/or projects and that upon demand of the City any and all accumulations thereon,' shall be delivered to City and become the sole property of the City. 8.2 All the obligations under this Agreement shall be contingent upon the availability of Federal funds and in the event- that those funds are withdrawn or reduced, this Agreement shall be modified so as to reflect the changes in the availability of the funds. In the event that the Agreement must be terminated due to the unavailability of Federal funds, the Contractor shall be entitled only to recover the actual amount t of administrative costs incurred up to the dat;p of termination, which in no event shall exceed the amount allocated for ad ministrative costs under the Agreement. IN WITgESS. WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their names by their duly authorized- bfficers and the corporate seals to be affixed hereto, all as of the day and year first above written. -15- 83-Y•131.-' WITNESS our hands and seals on this day of 1983. ' CITY OF MIAMI, a municipal corporation of the State of ATTEST: Florida BY RALPH G. ONGIE, CITY CToERK HOWARD V. GARY, CITY MANAGER ATTEST: BY SECRETARY PRESIDENT APPROVED AS TO FORM AND CORRECTNESS: JOSE GARCIA—PEDROSA, CITY ATTORNEY • • f. w -16- { •