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HomeMy WebLinkAboutR-82-0597RESOLUTION 140, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH NINE (9) NEIGH80MOOD ECONOMIC DEVELOP MENT ORGANIZATIONS, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, FOR THE AMOUNTS SPECIFIED FOR EACH, TO CONTINUE IMPLEMENTING A NEIGIiBOR= HOOD ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS ALLOCATED THEREFOR FROM THE EIGHTH YEAR COM= MUNITY DEVELOPMENT BLOCK GRANT. 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 City Commission is desirous of continuing the neighborhood economic development program and funds are available in the Eighth Year Community Development Block Grant for such a purpose; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute nine (9) individual contractual agreements, in substan- tially the form attached hereto, with the following neighborhood development agencies, for the amounts specified for each, for the purpose of implementing a Neighborhood Economic Development Program, with funds hereby allocated therefor from the Eighth Year Community Development Block Grant: My COMMIMQM MEETING OF Now" !elf�RR!!t!!luHRtl�Ltl}!!R i CONTRACTOR 1. Wynwood Community Economic Development, Inc. 2. Downtown Miami Business Association, Inc. 3. Allapattah Merchants Association, Inc. 4. Little River Chamber of Commerce 5. M 91 TARGET AREA Wyn-iood Downtown Allapattah Edison/Little River Small Business Opportunity Little Havana Center, Inc. Overtown Economic Develop- ment Corporation, Inc. Overtown Coconut Grove LDC, Inc. Coconut Grove Little Havana Development Authority, Inc. Little Havana Martin Luther King Economic Development Corp. Model City PASSED AND ADOPTED this 24th day of AT RALPH N CITY CLERK PREPARED AND APPROVED BY: x k �'t It'a_d E. MAXWE L A ISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GEORGFAF,, KNO CITY ATORNEY r2- June AMOUNT $ 50,000 $ 43,750 $ 43,750 $ 43,750 $ 43,750 $ 43,750 $ 43,750 $ 43,750 Maurice A. Ferre MAURICE A. FERRE, MAYOR . 1982. i 1. F-35 CITY OF MIAMt. FLORIDA INTEROFFICE MEMORANDUM TO Howard V . Cary June 16 s 1982 ME.. City Manager agreement With Community Based Organizations F N, Charlotte Gallogl ..FE. Ft E. Y3 ,: Ei Director Department of Trade an ,-� , <, ; R F 5 Commerce "It is recommended that the attached Resolution be presented to the City Commission for the purpose of entering into agree- ments, with eight (8) Community Based Organizations to continue Neighborhood Economic Development Programs in their respective target areas." Seven (7) of the Community Based Organizations will be entering their third year of operation this July. During the last two years, these organizations, with the exception of Little Havana Development, Inc., have served as the catalyst within their respective communities to refer loan applicants to Miami Capital Development, Inc. to generate a clientele for their Revolving Loan Fund and the HUD Discretionary Grant. In addition, they have helped businesses in their communities to resolve zoning problems, obtain licenses, implement crime prevention programs and facade treatment programs. The Community Based Organizations have been the City's primary outreach vehicle to assist the different communities to address their economic development problems. This year the performance of Community Based Organizations will be monitored on a monthly basis. To date, the organizations have submitted measurable and realistic Work Programs in a management -by -objectives format and line -item budgets that will serve as the primary monitoring tools of the Department of Economic Development in evaluating contractor compliance and effectiveness. All of the organizations, with the exception of the Little Havana Development Authority, Inc., will be required to meet nine major objectives and also will be required to meet specific performance objectives which address the specific economic problems experienced by their respective 82.597 S communities. The tittle Havana Development will be responsible for conducting the "Carnival Miami tittlas Havana, USA". The nine major objectives are as followat 1. Conduct an annual business survey of the neighborhood business communities during the months of July and August, 1982. 2. Organize one or more merchant associations within each neighborhood area and conduct the first meeting by July 30, 1582 and thereafter on a monthly basis: 3. Develop a business crime prevention program for the businesses within their neighborhoods, by business district, by no later than August 31, 1982. 4. Identify and implement projects that will be directed toward earning revenues so that each organization can become self-sufficient within a three-year period. Each organization will be required to raise $6,250 by January 1, 1983. Those organizations not able to generate the required revenue amount will have their contracts terminated. 5. Publish a business -oriented newsletter on a quarterly basis. 6. Conduct a monthly inventory of commercial and office space and report this information to the Department of Trade and Commerce by the loth working day of the following month. The first month's inventory report will be due September 14, 1982. 7. Conduct monthly meetings of the corporation's Board of Directors. Minutes are to be kept of each meeting and are to be forwarded to the Department of Trade and Commerce by the loth working day following the end of each month. 8. Refer four (4) neighborhood businesses a month, who are seeking financial assistance, to Miami Capital Development, Inc. 9. Identify the major economic development projects to be undertaken within each neighborhood area. This year the City will initiate a three-year funding reduction program for Community Based Organizations. This is addressed V N - 5 9 7 Howard V. dat Page 3 June At 1992 in Objective No. 4, whereby each organization will be required to raise $6,250 by January 1# 1983. That is, the organizations will be funded at 100% of the previous yearns level during the first six months of operation, and at 75$ level of funding during the second sips months of the agreement. This translates into a total amount of $41#750 per organization derived as follows! First sibs months 100% funding $25,000 - second six months 75% funding __ $18,750 Total $43,750 This method of decreasing the organizations' level of funding will continue in subsequent years until 1985 when hopefully, all the organizations will be self-sufficient and will no longer depend on funding from the City of Miami. The organizations being recommended for funding and their respec- tive amounts are listed below. Please note that we are recommending $50,000 for Wynwood Community Economic Development, Inc. because this organization has been in business for less than one year. The Wynwood Community Economic Development, Inc. will still be required to meet the revenue generating objective. 1. Wynwood Community Economic Development, Inc. $50,000 2. Downtown Miami Business Association, Inc. $43,750 3. Allapattah Merchants Association, Inc. $43,750 4. Little River Chamber of Commerce $43,750 5. Small Business Opportunity Center, Inc. $43,750 6. Overtown Economic Development Corporation $43,750 7. Coconut Grove LDC, Inc. $43,750 8, Little Havana Development Authority, Inc. $43,750 At this time, we are not recommending re -funding for the Martin Luther King Economic Development Corporation, Inc. because they have not submitted either an acceptable work program or budget and because they have yet to resolve fiscal matters related to the present year's funding. Specifically, they have not submitted justifications for advances amounting to $30,000. Currently, we are working with corporate staff to expedite the resolution of these matters. When they are resolved, we will proceed to present to the City Commission a contract for eighth year funding. CG/ju Enc. 82•597 1. CITY OF MIAMI ECONOMIC DEVELOPMENT CONTRACT 82*50 10 TA131,17, 0V CONTrNV HhT1Ctt 1 1.1 Contract Provisions.....::.... ....:..:..:....:...: ARTICtt II General obligations 2.1 City Authorisation ..........:.............•:•2 2.2 obligation of Contractor ::..• ..::::.......:=•+=2 2.3 Compliance with federal, State and Local Lads ..._...: .......... :....:........... 3 2.4 Contract codification ..................:...:=.=•3 ARTICLE III 3.1 Work Program...................................6.3 ARTICLE IV Conditions of payment 4.1 Budget Summary...................................3 4.2 r_ethod of Payment .... ..... .....................3 4.3 Reimbursement -Timely Submission ..................4 ` 4.4 Salaries, Fringe Benefits, Job Descriptions ......4 4.5 Financial Accountability .........................5 4.6 Retention of Records .............................5 4.7 Bonding a. -id Insurance ..................... 0.... 6.5 4.8 Subcontracts .....................6 4.9 Reports, Audits, and Evaluations .................7.' ARTICLE V General Conditiond 5.1 Project Publicity ... .0.........................8 5.2 Equal Opportunity................................a 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 P.RTICLE VI Compensation Hethod 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................................12 ARTICLE VII General Assurances and Certifications 7,1 Contractor Assurances and Certtfications 7.2 Anti -Kickback Provision ...........................14 ARTICLE V1II Termination Clause ECONUMLC b8VtLOPMENT CON' Z.11CT THIS ACP=MtNT, entered into by and between the City of 1-d ami, a political subdivision of the State of Vloridar hereinafter referred to as the "City", and hereinafter referred to as the "Contractor", a corporate body fully organized and existing and by virtue of the laws of the State of Florida as a non-profit corporation, having its prin- cipal office , at 41 for the period beginning July 1, 1982, and ending June 30,1983. Funding Source: Community Development Block Grant In consideration of the covenants and agreements here- inafter 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 require- ments. 1.1 CONTRACT 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 number. i 3. List of Key Staff Persons, with their titles, who 1' will curry out this program. 4. Copy of Contractor's current r del.ity 13ond (applicable for all pers ons who are outljorized to receive and di.s- -aur�:e fi�nc�:; ucicic>r. t_lsi.: coi��.aract.) , I- 82PS97 Cotttplotion of Authorized f1epr:escnL-at'Ve Staternent (on form suppi ed by the CA-y) . Completion of Statement of Accowitttiq Systerd (on .£term supplied by the City). 7. CP\ letter verifying the Contractor's Accounting Sys - tom 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). E ARTICLE 11 GENEi2AL OBLIGATIONS 2.1 CITY AUTHORIZATION For the purpose of this contract the City of Miami Department of Economic Development will act in behalf of the City in the fiscal control, programmatic monitoring and modification of this Contract. 2.2 OhLIC.ATION 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 Economic 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- A. 2, 3 CUMPLMNICE WITH.F8,D131RAtv STATE AND LOCAL LAWS Both patEjos shall comply Uo th all a?ri .itable laws otdinarncc �ajjcl codes of Vederal, Stage, and local governments, Specifically, the Con Lt actor agrees comply '- to com 1 with the mousing and Community Development Acts of 1974 and 1977,_ Section 109 with E�ecuti're Order. 1.1246 and 11061; and with Section 3 of the housing and Urban Development Act of 1968 (Section 570, _303)i. 2.4 CONTRACT MODIFICATION The City or Contractor may, from time to time, request changes S 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 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,VOR%K PROIGM1 A description of the Contractor's Work Program Specifications is attached and hereby incorporated and made part of this Agreement. ARTICLE IV CONDITIONS OF PAYMENT 14.3. BUDGET SUNSARY AND JUSTIFICATION The total Contractor budget summary and justification attached hereto, is hereby incorporated and made part of this Agreement. 4.2 !, ETHOD OF PAYI-UMT paymerit`:r, unlost3 O4,--slGrwi..e st].pul.a'2tcd, shall be rt'i-mbursemej. t- for expenditures inCUrred only in contract period, and in i compl twice with a nrev.i c unly approvra Une budget, IfSt:ch i Xon - .7rlilurn(anent reciuest a nhall cont. in a �ta�cme�tt cl� c az nc ai d %iffirl"lUnfj th;4t. -III wo-i-o Tea io iri f:v(_.:caX.'" iRce with -- $2 597 A the approved budget. All documentation in support of such tdquest is made and all invoices fihouid have been paid by the Contractor prior to submis8ibn. All toirnbursements must be i i.11 line item form and be in accord with the contract. All exVeh6ittires 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 equz ing 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 timely basis. r :i Reimbursement requests shall be submitted no later than forty-five (45) days after the last date covered by such I; request. Reimbursement request's for expenditures incurred during the life of this Contract, shall not be honored unless i ! received by the City within (90) days following the expiration i i date_ 4.4 SALARIES, FRIDGE BENEFITS, JOB DESCRIPTIONS 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. Such a statement shall include pay schedules, work hours, fringe benefits, job descriptions, as well as work history and qualifications for hose employees who will discharge duties in connection Witil this Contract. The personnel policies to be followed undor- this Contract shall, be those used by the Contractor in the I btdihary courso of its business, htov d ng, hovtevee# such policies coftfotm to the pi`dvisi.ons of the Intetcloverniimentai Personnel Act of 1970 (ruolic tact 91-648 effective January 5, 1971) . 4, 5 FINANCIALL ACCOUNTABILITY At any time or times prior to final payment under this con-- tracts the City may have the Contractor's financial records audited. Bach 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 fin,-�ncial records, supporting documents, statistical records, and all other records, pertinent to this cont-ract, for a period of three years. The.:retention period starts fror.► 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 not been resolved. 4.7 BOLDING AID INSURANCE The Contractor shall maintain during the term of this Contract, I; the insurance and bonds specified below: i; ' 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 2 * 9 7 4 .A Him tho City shall rcce vc assurrancc that :ill Versot s h.anel- lil h5 tbiids ter-cived or disbursed under thi5 Conttac:t arc covered by v xdclity tn5urvinces in an amount, tent 14ith tound fiscal practAcef c) The Contractor shall. furnish certificates of insurancie and bonding to the City prior to commencing any act- ivity tinder the Contract: Said certificates shall Clearly indicate the Contractor is in strict compli- ance with provisions of this Article relating to insurance. 4.8 SUBCONTRACTS Contractor agrees to*give advance notification, in writing 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 suboontracted v.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 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 en- tities, hereunder, to review and audit books and records related to the bidding process. The advance notification shall include: a) Identification of the subcontractor. b) The proposed subcontract price, together with a com- plete and accurate breakdown of that price -by com- ponent. c) Identif.cati.on of the type of subcontract to 'be used. c3) Su=vary of actions taken to select t1le Subcontractor. 4 , () REVO T8 , JALJbI T S ► NLNI l) t;VAT,1JP.TION8 The City Shall cooperate 'Giith the Contractor in the conduct of activities delegated under this contract as reasonably requested and as described in the Policies and Procedures Manual !or Cor-,r,U_ City 04sed Organizations. The Contractor agrees to submit to the City such reports as may be required, along With a tttontilly report to the City comparing expenditures.to the approved budgets 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 writing, monthly reports regarding current activity and the progress of the Contractor's activities in the format presented by the City. Contractor will transmit to the City, in writing, a pro- gram evaluation report to be completed prior to the end of the contract tern covering all Project activities. The format of this report trill be determined 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 min- imum, visits and observations by the City staff and will effectively ensure the cooperation of the Contractor's employees and board members in such efforts. t•;henever reports, fDrms, ets., are required of the Contractor here- in, 15 days '.Prior notice in writing of such, shall be pro- vided wherever possible. A11 reports, audits, and eval- uation either Submitted to the City on monthly basis, or acc uired through on --going monitoring and Hvaivat,ion will bu thoroughly reviewed by the City, Any discrepancies,, i comp7.er, or nadequate. in formation either: 'rec!e v.;�d o;t a nQnthly ' ba:..�� "; or. thruur;li more t-ol og cilia evaluatio* , will y_a.'t,re "be C .t;y )U,,at: }-110 Intic-1!, t:vxininato thi 82 • 597, ;... •.; �:. ._a ♦:a.ia..�.Jr�iiilSOM 4KwiM'.Wv TItY:.astbiCi ies:'�WrY�iiwi►aW�siaf.�>a�.:+...a.a. a^.: kiw�iwl'�.�.ai�wri�MNi Y� t�grcentc��lt aL any time tttcrcafUir, ARTICLE V t�UVE't�`1L, C.O►dUI'.IC�tS 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 submitted to the City for review and approval, prior to the release or distribution. No press conference will be scheduled without prior written notice to the City. 5.2 EQUAL OPPORTUNITY 1, The contractor agrees that there will be no discrimin- 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 e>:pressly 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 ox,-n or acquire any personal interest in any property, contract, or proposed contract wbi.ch would conflict with or relate to the performance, Their duties or responsibilities ties under thin contract. T.f piny such person Presently or in the fut=- W"e ac•lui.res, own or rontrul,s any such share, benefit, or personal. .nte e:;t, )ae F,;hal? r, t.Odlatt!ly 4.XSclose such zit:erc Wit: to t_ho C, (otllOr alTropriate acjenci.es) 4 •507 person shall dzscohbinue his/h?-r �1pd�� such clsclosuro, e particiai:io: i =,uc:h participation is contrary 4o the public eres-, The Contractor will comply with all. Peclerali State and local. confl ,ct of interesE laws and requirements. 5.4 INbtMNIVICATION 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 for funds which the City is obligated to refund the Federal government arising out of the conduct of ac- tivities 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 Economic Development is to be notified in writing immediately giving all pertinent details and indication when service will begin and/or continue. ► It is understood and agreed 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 stated. It is further under- i s= stood and agreed that the program funded through this Con- iI tract -.-:ill not result in the di.s lac:emcent~ of ew�al.oyed I workers, impair existing contracts; for services or result f in the substitution of fu nds al local-ed under this Contract for othor funcls in connection with work which wound have been Performed ,even in t.ho of thi ; Contra -Pt 6 AN I 5 s G PORCHASINO AND INMTOP& The contractor agrees to use its best efforts to obfaln, all supplies and equipment for use under this Contract at the lowest practicable cost and t1irce (3) bias for the purchase of Capital equipment to accompany 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 c,736.th City Funds 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 Jose 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 performing inventory monit- oring functions. The Contractor shall not dispose of real or personal property purchased with City funds through sale, us loan or relocation without the written permission of the City. ThQ Contractor, in the proeurement of suppl..es, equipment, cQnstruction or service to ir,pj.e,nhnt t1li.s project,shall nuja a positive effort to uL .�.i?,e s�ntali bpSiT?esr, and Alin- s otity u,vnecl business sources of: supplies and services► alld provide these 7ources Llie ma {imtun feasible oppottunity to competc for contracts to he performed ptfrsuant to this. memoratdt= of Agreement. To the mat imum e7:tent feasible, these small business and minority owned business sources shall be located in or ovined by residents of the Cozrm-nun- ity Development Target Area (s) designated by the City of Miami in the Corununity Development Grant application approved by the U. S. Development. 5.7 DISCLOSUPY, OF FUNDS Department of Housing and Urban 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 expiration of the contract period. This report should reflect actual expenditures, by 'line -items,. versus proposed expenditures submitted at the beginning of the Contract year. All persons employed and paid pur- suant to this Contract 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, ARRICLE VI ���.�1TtStJl9 e(J.•".k'F.Nf.�l��I'1Ut� "11- . Y li+L'r�iL"+"`@wit:..v....,<x�ri�i?•Iij�h�pigtW.isY�?Mt.Mii,a :... .�..,. .. .......;�„7..�a.�.�;�.-..w r.:rH!. .,Yst'rOiiYJn7�F1... jai�ou'ifw�:i U 641 Tile Contractor agrees, to accept pis U011 paymr-Int fcIr p'n- fessiyonal sdtvices rcnclerod in a manner satisfactory to the City, the actual amotint of budgeted, el.ig]-ble and City approved expenditures and encumbrances tuade 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 and/or reimbursement to be paid here- under exceed the maximum sum of $ 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 January 1, 1983. In the event that a Contractor fails to ge- nerate the above mentioned amount by January 1, 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 shall become effective upon execution, and the services of the Contractor are to commence on July 1, 1982 and terminated on June 30, 1983. OBI,IGWTION TO RE -NEW 6.4 Upon termination of this Agreement, the Contractor agrees and understands that the City has no obligation tore -new this Contract, RECAPTURE OF FUNDS 6.5 The City shall reserve the richt to recapture funds when the contractor fails to co,nply with the terns of the agreement or refuses to accept conditions imposed by the City at the direpti—on of the V, S, Mpartr:ent of Hous .nc; And 'Urbwq Pevelopmnnt. J ARTICLE Vitt t3tN8 L ASSUP.A.NCES AND C8VTIFICIATIONS, 7.1 THIE CO`STRAC..TOR ASSUP-B'S :zrn CERTTIU IPS 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 Contractor's governing 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- €ormation as may be required. 2) It will comply with the provisions of the Hatch Act c:hich limits the political activity of employees. 3) It will comely with the requirement that no program under this Contract shall involve political. activi- 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 by desire for private gain for themselves or others, particularly those t•,ith 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 worphip (Section 703(.9)). 6) Ap1) opriate standards for health, and Safety in wotlg gaud training 41tu,ations will lie maintained (Section 703(5)) , po3:sons employed 'in public service aobs under this contract shall he paid wages tahi.ch shall not bo-_ lo,:• er titan tahi.cjteVei is the hIghe5t: of (a) the minimom w agq Y i�hich woctld be hoplicab:le to the employer tinder the fair Labor Standards Act of 1938, if Section G (a) fj !f i (1) of such title applies to the participant and if he were not exempt under Section 13 thereo.'L, (b) the State or local minimum cage 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) (2)). S) It will comply with Title VI of the Civil Rights Act of 1974, Title VIII of the Civil Rights Act of 1968, and Executive orders 1124G 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 requirements of the Office of Management and Budget Circular A--102, "Uniform Administration Requirements for Grant -in -Aid to State and Local Governments" and Federal Managenent Circular 74-4, "Principles for Determining Costs Applicable to Grants and Contracts with State and Local Governments." 7.2 AUTI-KICKBACK PROVISION The Contractor will comply with the Anti,--Xi.ckback Act, Title 18, USC Section 874, and provisions of the Federal Labor Standards, Title 29. ARTICLE VIII TERPII.NATION CLAUSE 2.1 The City, by giving written notice specifying the effective elate, may terminate this Contract in whole or in part. for cztuso which shall include; (1) Failure, for any, reason, of the Contractor to fulfill in a titrely and proper inatltt4r its ©blicA- tU�r2r. ��r��er thi �ar►L-r��r_k:, ilcl.ucla �1g c.��n�,lia3�G�� t• i.�'h t,:lo -14� approved work program and attached coflditiohs, 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 reports that are incorrect or incomplete in any material respect, (3) ineffective or improper use of funds provided under this Contract; and (4) failure to generate the required funding 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 of administrative costs incurred up to the date of termination, which in no event shall exceed the amount allocated for ad- ministrative costs under the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their names by their duly authorized officers and the corporate seals to be affixed hereto,.all as of the day and year first above written. r15- l 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 reports that are incorrect or incomplete in any material respect, (3) ineffective or improper use of funds provided under this Contract; and (4) failure to generate the required funding 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 of administrative costs incurred up to the date of termination, which in no event shall exceed the amount allocated for ad- ministrative costs under the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their names by their names by their duly authorized officers and the corporate seals to be affixed hereto, -all as of the day and year first above written. _15- IN '4mt5S ott hands and seals on this _ day of r 1982, ATTEST: RALPH G. ONGIE, CITY CLERK ATTEST: SECRETARY CITY OF MIAMI , a municipal corporation of the State of Florida BY HOWARD V: GARY, CITY MANAGER BY APPROVED AS TO FORIM AND CORRECTNESS: GEORGE F. KNOX, JR., CITY ATTORNEY PRESIDENT