HomeMy WebLinkAboutR-82-0596l
RESOLUTION NO. 8 2 6_ 5 0a6
A RESOLUTION AUTHOR121NO THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREE-
MENT, IN SUBSTANTIALLY THE PORM ATTACREb
HERETO, WITH MIAMI CAPITAL bEVELOPM.ENT,
INC., FOR THE PURPOSE OF CONTINUING A
FINAN-CIAL ASSISTANCE PROGRAM-V) FACILITATE BUSK
NESS bEVELOPMENT IN THE CITY OF MIAMI WITH
FUNDS ALLOCATED THEREFOR IN THE AMOUNT Off'
$210,866 FROM THE EIGHTH YEAR COMMUNITY
DEVELOPMENT BLOCX GRANT AND $91,134 CON-
TRIBUTEb TO THE CITY TOWARD THIS PROJECT _
BY METROPOLITAN DADE COUNTY.
WHEREAS, the City Commission is committed to economic
development'`and the expansion of trade and commerce; and
WHEREAS, the City Commission has and continues to
endorse the need for a financial services and assistance program
to facilitate business development and economic growth in the
City of Miami; and
WHEREAS, the City Commission adopted Resolution No.
80-400 and Resolution No. 81-228 allocating Sixth Year Community
Development Block Grant funds to Miami Capital Development, Inc.
to carry out'a financial assistance program on behalf of the
City; and
WHEREAS, the City Commission adopted Resolution No.
81-563 allocating Seventh Year Community Development Block Grant
funds to�-Miami Capital Development, Inc., to continue a financial
assistance program on behalf of the City of Miami; and
WHEREAS, the City has secured Metropolitan Dade County's
commitment to this project by obtaining $91,134 from Dade County
to partially fund this project; and
WHEREAS, the City Commission is desirous of continuing
to provide for such a program and funds are available in the
r
Eighth Year Community Development Block Grant for such purposes}
CITY COMMISSION
MEFING OF
J IN N Z 41982
1
NOW, THERmliE, DE IT RESOLVED by THE CCMMtSgION 8p
M CITY CE MIAMI, pIORIDA
Seetion 1. The City Manager is hereby authorized to
execute a professional services agreement# in substantially the
forth attached hereto, with Miami Capital Development, Inc., for
the purpose of continuing a financial assistance program to fa-
cilitate business development and economic growth in the City _
of Miami with funds hereby allocated therefor in the amount of
$219,866 from the Eighth Year Community Development Bloc Grant
and $91#134 contributed to the city -toward this project by
Metropolitan Dade County.
PASSED AND ADOPTED this 2/ t7h_ day of June , 1982.
Maurice A. Jerre
M A Y 0 R
A
RALM G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
/ .
&244.
ROBERT F. CLERK, DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
tGEORGE F. K X, JR., C TY ATTORNEY
.34
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO Howard V . Vary PATE
City Manager
SUB_E-
WHOM Charlotte Gallogly�
Director
Department of Trade and ommerce
June 16, 1982 FILE
Agreement with Miami Capital
Development, Inc.
"It is recommended that the attached
Resolution be presented to the City
Commission for the purpose of entering
into an agreement with the Miami
Capital Development, Inc. to continue
a financial assistance program on
behalf of the City of Miami."
Miami Capital Development, Inc. will be entering its third year
of operation this July. During the last two years, this organi-
zation has secured $4.8 MM from the U.S. Department of Commerce
(EDA) for a Revolving Loan Fund, $960,000 from HUD as part of
said organization's $1.16 MM Discretionary Grant, and has pro-
cessed numerous SBA 502 and 503 loans. As a result, a large
number of businesses that were experiencing operational and
financial problems were able to continue operating and to expand
their operations, thereby preserving numerous jobs and creating
new jobs.
In the past, Miami Capital Development, Inc. received all their
funding from the City of Miami's Community Development Block
Grant, however this year Metropolitan Dade County has agree to
commit $91,134 of their Community Development funds. This
commitment from Dade County will cover part of the administrative
costs required to manage the Revolving Loan Fund which is a
County -wide project. The balance of Miami Capital Development,
Inc.'s funding, or $219,866, will come from the City of Miami's
Community Development Block Grant (8th year).
CG:es
Encs.
{
82.596
CITY OF MIAMI
ECONOMIC DEVELOPMENT CONTRACT
AATICL8 t
1.1 Contract Provisions . . . . . . . . . . . .
ART!= It
General Obligations
2.1 City Authorization . . . . . . . . . . . . a C. . . a . . . . 2
2.2 Obligation of Contractor . . . . . . . . . . . . . . . . . . 2
2.3 Compliance with Federal, State and
Local Laws 6 4. . . . . . . . . . . . . . .
2.4 Contract Modification. . . . . . . . . . . . . . 2
ARTICLE III
3.1 Work Program . . . . . . . . . . . . 2
ARTICLE IV
4.1 Budget Surunary . . . . . . 2
4.2 rlethod of Payment. . . . . . 3
4.3 Salaries, Fringe Benefits, Job Descriptions. . 3
4.4 Financial Accountability . . 3
4.5 Retention of Records . . . . . 4
4.6 Bonding and Insurance. . . . . . . . . . . . . . . . . . . 4
4.7 Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . 4
4.5 Reports, Audits, and Evaluations . . . . . . . . . . . . . . 4
ARTICLE V
General Conditions
5.1 Project Publicity . . . . . . . . . . . . . . . . . . . - 5
5.2 Equal Opportunity. . . . . . . . . . . . . . . . . 5
5.3 Conflict of Interests. 5
5. 4 Indemnification. . . . . . . . . . . . . ft 6
5.5 Level of Service . . . . . . . . . . 6
5.6 Purchasing and Inventory . . . . . . . . . . . . . . . . 6
5.7 Final Expenditure Report . . . . . . . . . . . 7
RETICLE VI
Compensation Method
6.1 Maximum Compensation . . . . . . . . . . . . . . . . . . . _ 7
6.2 Time of Performance . . . . . . . . . . . . . . . . . . . . . 7
6.3 Obligation to Re -new . . . . . . . . . . . . . . . . . . . 7
6.4 Title to Assets and Final Disposition of Assets. . . . . . . 7
ARTICLE VII
General Assurances and Certifications
7.1 Contractor Assurances and Certifications . . . . . . . . . . g
7.2 Anti --Kickback Provision. . . . . . . . . ! ! . ! I. . . . . . �
Ai?TICLE VIII
, 1 Tc3rmLiati.on Clause
82 # 5 9 6
CITY OF VLORIM
ECONOMIC bEV8tOPM8NT CONTRACT
T:iIS AG :E1iENT, entered into by and between the City of N111 ami, a political
SU;)diVision of the State of Plorida, hereinafter referred to as the "City
and Miami Capital Development Inc., hereinafter referred to as "MCbI" of
"Contractor", a corporate body fully organized and existing and by virtue
of the lawg of the State of Florida as a non --profit cotpo ation, having
its principal office at 100 N. Biscayne toulevard, 9th door, Miami#
Florida 33132, this lst day of July, 1982 for the period beginning
.Truly 1, 1982, and ending June 30, 19R 3.
rending Source: Community Development
Block Grant
Metropolitan Dade County
In consideration of the covenants and agreements hereinafter set forth,
the parties hereto agree:
ARTICLE I
As a necessary part of this Agreement, the Contractor agrees to provide
the City with the following standard requirements.
1.1 COIZTRACT PROVISIONS
1. Copy of. Contractor's Articles of Incorporation, Charter
and By-laws.
2. List of Present Principal Governing }Board officers and Members
of the Board (names, addresses and telephone numbers).
3. List of Key Staff Persons, with their titles, rho' will carry
out this program.
4.. Copy of Contractor's Current Fidelity Bond (applicable for
all persons who are authorized to receive and disburse funds
under this Contract)..
5. Completion of Authorized Representative Statement (.on form
supplied by the City), .
6. Completion of Statement of Accounting System (on form supplied
by the City).
7. CPA letter verifying the Contractor's Accounting System or
current Audit Report (which verifies the Contractor's internal
controls as adequate to safeguard the organizations' assets).
8. Final Expenditures Report (to be submitted 30 days after contract
expires).
9. Work Program and Line -Item Budget (approved by the City) .
10, Proof of Workmen's Compensation Insurance.
11, Contractor's Corporate Seal (to be affixed to Signatory Page) }
2• 0%
0
CtMtMt 08LIGATTONS
2.1. CITY AUTHORIZATION
ZATION
2.2
2.3
2.4
3.1
Pot the purpose of this contract the City of Miami Department of
Trade and Commerce Development (OTCO) will act in behalf of the
City in the fiscal Control ,programatic monitoring, and Modification
of this contract,
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
Department of Community Development, and all other state and
local laws. The Contractor shall not perform in a way inconsistent
with the terms of the Work Program except as authorized in writing
by the City. Such Authorization by the City shall be subject to
and in accordance with prescribed guidelines.
COMPLIANCE WITH FEDERAL, 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 Secti`on'3 of the FIousing and Urban
Development Act of 1968 (Sections 570, 303).
CONTRACT MODIFICATION
The City or Contractor may, from time to time, request changes in
the Work Program to be performed hereunder. Such'changes,
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 (DTCD) and the Contractor.
ARTICLE III
WORK PROGRAM
A description of the Contractor's Work Program Specifications is
attached and hereby incorporated and made part of this Agreement.
ARTICLE IV
COkDIT.IONS OF PAYMENT
4.1 BUDGET SUM14ARY
The total Contractor budget summary attached hereto, is hereby_
incorporated and made part of this Agreement.
-- 2
8 ' 5 9 6
4.2 MDTHOO OF PAYMENT
Adminis_tratiyg Costs: The City agrees to rdimburse MCM for aamj-
nistrative casts incurred in the execution of this Agreetatht up to
$M# 000. VICDI Will provide the City with invoices, cance led! check!. -
or any other proof of administrative expense. Such re;ibursemettt
requests shall contain a statement declaring and affirming that
all disbursements were made in accordance with the approvecd budret.
All docuumentation in support of such request shall be submitted
to the City at the time request is made and all invoices shall
have been paid by the Contractor prior to submission. All reim-
bursements 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 subbitted but must
indicate.the exact amount paid by various funding sources equalling
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 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS
To be eligible for reimbursement for personnel costs, the Contrzcto=
shall submit to the City for approval, in accordance with Departzien.
of Labor guidelines, a detailed statement of the personnel policies
of the Contractor. Such a statement shall include pay schedules,
work hours, fringe benefits, job descriptions, as well as worlz his.0--1,
and qualifications for those employees who will discharge duties
in connection with this Contract. The personnel policies to be
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, 10071) .
4.4 FINANCIAL ACCOUNTABILITY
At any time or times prior to final payment under this contract, the
City may have the Contractor's financial records audited. Each
payment theretofore made shall be subject to reduction for mov.-its
included in the related invoice or voucher which are found by the
City Manager, on the basis of such audit, not to constitute allowrabl
cost. Any payment may be reduced for payments, or increased fo-
underpayments, on preceding invoices or vouchers or to repay- any
amounts advanced.
8 2• 5 96
d . 9 R8 TINT C7N...,OV V CxOVbg
Cohttaetor agrees to retalri all financia). records, supportithq
i doct-i ments, statistical. records, and all other redordg # pettinetit
to this C:onttact, for a Veriod of three years. The retention
period starts front the date of the submission of the final pkpen
difure report (See Paragraph 5.7) . kecords for noneYtpendable
ptopetty acquired with funds under the Contract, shall be tetained
for a period of three years after its final. disposition. Said
records shall be retained beyond the three years period if the
audit findings have not been resolved until such time as they have
been resolved.
4.6 30NDItVG AND !NSDfiANCE
The Contractor shall maintain during the term of this Contract,
the insurance and bonds specified below:
a) insurance coverages should reflect sound business practices
as determined by the City of Miami.
i
b) Prior to the disbursement of funds to the Contractor, the City
shall receive assurance that all persons handling funds received
or disbursed under this Contract are covered by Fidelity Insurance
in an amount consistent with sound fiscal practice.
c) The Contractor shall furnish certificates of insurance and
bonding to the City prior to commencing any activity under the
Contract. Said certificates shall clearly indicate that the
Contractor is an strict compliance with all provisions of this
Article: relating to insurance.
4.7 SUBCONTRACTS
Contractor agrees to give advance notification, in writing to the
City of any subcontract for work or services covered by this
Contract. None of the work or services, including, but not limited
to, consultant work or services, covered by this contract shall be
subcontracted without prior written approval of the City. Any
work or services subcontracted hereunder shall be subject to each
provision of this Contract. Proper documentation in accordance
with the Department of Community 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 review
all bid documents both with the Private Non -Profit Contractor,
and other entities and with successful bid award recipient. Private
Non --Profits shall notify all vendors submitting bids of the rights
of the City and other entities, hereunder, to review and audit
books and records related to the bidding process.
The advance notification shall include:
a) Idenfication of the subcontractor.
b) The proposed subcontract price, together with a complete
and accurate breakdown of that price by component, and a
detailed descriptions of the sub -contractor's services to be
performed.
0 Identification of the type of subcontract to be used.
di Summary of actions taken to select the subcontractor.
4,2 REPORTS, AUDITS, ; ND EVALUATIONS
The C.sty ,hall cooperate with the Contractor in the conduct of
activities delegated under this Contract as reasonably requested.
Tho Conttadtor agtC09 to submit to the City such reports as may be
required al.oti with 1 pquarterly teport to the City tompatih9
-3 g '
o� enditutes to the approved budget, The Contractor also agrees
to ptepare and retain and permit the City to inspect as it deems
necessary for grant purl3oses records that may be relevant to
Vedotal# State of local directives.
Cotltr,icto: "%;#ill transmit to the City, in writincI# monthly reports
regardi bq 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 statements 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 minimum, visits and
observations by the City staff and will effectively ensure the
cooperation of the Contractor's er;ployees and board members in
such efforts. Whenever reports, forms# etc., are required of the
Contractor herein, 15 days prior notice in writing of such shall
be provided wherever possible. All reports, audits, and evaluations
either submitted to the City on quarterly basis, or acquired
through on -going monitoring and evaluation will be thoroughly
reviewed by the City. Any knowing material discrepancies or
intentional discrepancies, incomplete, or inadequate information
either received on a quarterly basis or through monitoring and
evaluation, will give the City just and legal cause to terminate
this Agreement at any time thereafter.
ARTICLE V
G ttiE PoIL CONDITIONS
5.1 PROJECT PUBLICITY
The Contractor must inform affirmative action regulations to the
residents of the geographical area to be served hereunder:, of the
f services to be offered by utilizing any available means for
l advertisement; as necessary for recruitment and outreach.
All literature, advertising, publicity or promotion regarding the
Contractor's activities will be submitted to the City for review
and approval prior to the release or distribution. No press con-
ference will be scheduled without prior written notice to the
1 City.
5.2 EQUAL OPPORTUNITY
The contractor agrees that there will be no'di.scrimination against
any employee or person served on account of race, color, sex,
religious creed, ancestry, or national 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 CJI:FLICT OF INTERESTS
No official or employee of the Contractor may be admitted directly
or indirectly to any share of part of this Contract or to any
benefits to arise from the same nor own or acquire any personal
interest in any property, contract or proposed contract which would
conflict with or relate to the performance, their duties or
responsibilities under this Contract. If any such person presently
or in the future acquires, owns or controls any such share,
benefit, or personal interest, he shall immediately disclose
auc}i interest to the City and (other appropriate 3cjencies) . Upon
r
such disclosure, such Pierson shall d.isCont .nue his/her participation
if such participation is contrary to the public interest. The
Contractor will comply with all Vederal, Rate and local Conflict
of ntotes-I.: laws and requirements.
5.4 IMMMNIPfCATION
The Contractor understands and agrees that it is an independent
contractor that agrees to indemnify and hold harmless 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 liability which is acceptable to the City. in
addition, the Contractor will hold the City harmless and will
indemnify the City for funds which the City is obligated to refund
the Federal government arising out of the conduct of activities
and administration of the Contractor.
5.5 LEVEL 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 Trade & Commerce
Development is to be notified in writing immediately giving all
pertinent details and indicating when service will begin and/or
continue. It is understood and agreed that the level of services,
activities and expenditures by the Contractor, in existence prior
to the initiation of services hereunder, shall be continued and
not be reduced in any away as a result of this Contract except for
reductions unrelated to the provisions or purposes herein stated.
It is further understood and agreed that the program funded through
this Contract will not result in the displacement 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 have performed even in
the absence of 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. Three (3) bids for the purchase of Capital Equipment shall
accompany all requests for funds for such equipment. All non -expend-
able property acquired for the program with funds provided under
'hi.s Contract will revert to the City at the end of the City's
funding of the Program. Non -expendable property being properties
which will 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 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 the City prior to purchase. All items
purchased remain the property of the City and should be inventoried
as such. This will include listing 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 designate
City staff access to the premises where property is kept for the
purpose of performing inventory monitoring functions. The Contractc
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 tile procurement of supplies, equipment, construe.
t.i-on or service to implement this project, shall make a positive
effort to utilize small business and minority owned business source,
of supplies and services, and provide these source the maximum
feasible opportunity to compete for contracts to be performed
pursuant to tK5 memorandum of Agreement, To the maxilnum extent
4 ' �
fonsiblet those Small busihess and Minority 010hed business sources
hall be locAt.ed in or awhod by residents of the Community beve op-
Ment: Tatget Area (s) dosiynated by the City of Miami in the Community
Development Grantapplication approved by the U,S. Department of
housing and Urban t?c vClopmedt,
5.7 VI At tXPRN0tTUP%R REPORT"
A fihAl budgetary 2:eport including audited financial statements
shall be submitted to the City within thirty (30) days after the
e:,�piration of the Contract period, This report should reflect
actual expenditures versus proposed expenditures submitted at
the beginning cf the Contract year: All persons employed and
paid pursuant to this Contract should be listed by name, title,
Social Security lumber, date hired or terminated# ethnics back-
ground, and total salary reflecting both City and other funding
sources.
ARTICLE V
CO.'4PENSATION METHOD
►_ AX7ritl."•'► COMPENSATION
6.1 The Contractor agrees to accept as full payment for professional
services rendered in a manner satisfactory to the City, the actual
amount of budgeted, eligible and City approved expenditures and
enctuTbraces ,Wade by the Contractor for the purpose of carrying out
the services hereunder during the period of this Agreement. It is
expressly understood and agreed that in no event, shall the total
compensation and/or reimbursement to be paid hereunder exceed the
maximum sum of $311,000. Part of the maximum compensation of this
agreement is contingent upon the City obtaining partial funding for
this project in the amount of $91,134 from Metropolitan Dade County.
in the event these funds, or any others, become unavailable, Section
8.2 of this agreement shall be the determining factor.
211NIE OF PE:2FORMLANCE
6.2 This Contract shall become effective upon execution, and the services
of the Contractor are to commence as soon as practicable after exe-
cution and shall be undertaken and completed in light of the purpose
of this Contract; but in any event, all services required hereunder
shall be completed by June 30, 1983.
OBL.T.CAi ION TO RE --NEW
6_3 Upon termination of this Agreement, the Contractor agrees and under --
stands that the City has no obligation to re -new this Contract.
6_4 TITLE TO ASSETS AND FINAL DISPOSITION
Funds paid under this Agreement by the CITY to MCDI and not expended
or encumbered, shall be returned to the CITY. Funds paid under
this Contract are paid to MCD1 in trust for the purposes set forth
in this Agreement and shall be used solely therefore. The following
covenants and conditions apply thereto:
(1) Whenever money intended to be loaned or disbursed pursuant
to a loan/grant program approved under this Agreement is not
so loaned or disbursed or, is repaid by the borrower, it may
be regained by T9CD1 as an interest bearing bank deposit and
may be used for new loan agreements providing such facts are
first reported to the CITY.
(2) Any and all progr.aia income and interest on loans mace by
1111%CQI send acrt)ixlg to I7CI]I siia1.1 Lp deemed to be part of
the funds al ocat:ed t.o NClii by the CITY,
(1) WheneVet MCDI becomes inactive, the temainde>` of uhused
or unencumbered finds deposited with any lending instit-Utioi
shall be returned to the City of Miami
(4) Upon dissolution of MCDI or its inability to make the loan
or grant provided for hereunder, all of its rightst title
grid interest in said monies and their proceeds and all
assets of MCDI Shall iimncdiately accrue to the City of Miami
and shall be transferred by MCOI to the City of Miami'.
(5) Funds may be withheld by the CITY for any of the following
reasons:
(a) If MCOI makes any willful substantial misrepresentation
of any material fact in any of its periodic reports.
(b) If there is litigation pending with respect to the
performance of MCDI which adversely affects the
{ operation of MCDI.
(c) If MCDI is in substantial default of any of the
provisions of its Contract with the City.
j (d) If reports as required by the CITY have not been
submitted within the time required or reasonable cause
shown for such delay.
ARTICLE VII
GENERAL ASSURANCE AND CERTIFICATIONS
7.1 THE CONTRACTOR ASSURES AND CERTIFIES THAT:
(1) It possesses legal authority to enter into this Contract; a
resolution, motion, or similar action has been duly adopted
or parsed as an official act of the Contractor's governing
body, authorizing the executor of the Contract, including
all understandings and assurances contained herein, and
directing and authorizing the person identified as the official
representative of the Contractor to act in connection with
the Contract and to provide such additional information as
may be required.
(2) it will comply with the provision of the Hatch Act which
j limits the political activity of employees.
(3) It will comply with the requirement that no program under
this Contract shall involve political activities (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 by 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 funded pursuant to
this Agreement, will not be employed on the construction,
operation or maintenance of that part of any facility which
is used for religious instruction or workship (Section 703)(s)).,
(6) Appropriate standards for health and safety in work and
training situations will be maintained (Section 703 (5))
(7) Per: otts employed in public set:vice jobs under this Contract
shall be paid wacjes which shall not he .).owe:r than whichever
is the highest of (a) the minimum wage which would he applicable
to the employer under the Fait: Labor Standard Act of 1918, if
Section 6 (a) (1) of such title applies to the participant
and if he were not exempt under Section 13 thereof: (b) the
State or local minima-m wage for the most nearly comparable
covered employment, or (c) the provailing rates of pay for
Persons employed in similar public occupations by the same
employer (Section 208 (a) (2)) .
(8) It will comply with Title VI of the Civil Rights Act of 19740
Title VIII of the Civil Rights Act of 1968, and Executive
Orders 11246 and 11063, and Section 3 of the Rousing and
Urban Development Act of 1978, as amended and incorporated
herein by reference.
(9) It will comply with the regulations and requirements of
the Office of Management and Budget Circular A-102, '''Uniform
Administration Requirements for Grants--in-Aid to State and
Local Governments" and Federal Management Circular 74-4,
"Principles for Determining Costs Applicable to Grants and
Contracts with State and Local Governments."
7.2. ANTI -KICKBACK PROVISION
The Contractor will comply with the Anti -Kickback Act, Title
18, USC Section 874, and provisions of the Federal Labor Standards,
Title 29.
ARTICLE VIII
TE'R14 14ATION CLAUSE
8.1 The City, by giving. -written notice specifying the effective date,
may terminate this Contract in whole or in part for cause which
shall include: (1) Failure, for any reason, of the Contractor
to fulfill in a timely and proper manner its obligations under
this Contract, including compliance with the approved Work Program
and attached conditions and such directives as may become generally
applicable at any time, (2) Submission by the Contractor to the
City, of reports that are incorrect or incomplete in any material
respect; and (3) Ineffective or improper use of funds provided
under this Contract. Further, it is mutually agreed that 19CDI
shall immediately, upon demand by the City, cease and terminate
any and all activities 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
r.he availability of 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
funds, the Contractor shall be entitled only to raccver the actual
amount of administrative costs ,incurred up to the date of termina-
tion, which in no event shall exceed $311,000, the amount allocated
for administrative costs under this agreement,
-- 9 -
WiMtt out hand§ and seals oft this clay of r
i882►
ATTESTS
CITY OF MIAMI# a municipal
Corpotatioft of the State of
Florida
BY
RALPH G. ONGIEo CITY CLERK 8011ARD V. GARY, CITY MANAGER
ATTEST:
CONTRACTOR
SECRETARY PRESIDENT
APPROVED AS TO FORM AND CORRECTNESS: (Seal)
GEORGE F. KNOX, JR., CITY ATTORNEY