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HomeMy WebLinkAboutR-80-0562op - RESOLUTION NO. 8 0- 5 6 2 A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACTUAL AGREEMENT WITH THE DOWNTOWN MIAMI BUSINESS ASSOCIATION, FOR AN AMOUNT NOT TO EXCEED $50,000 PER YEAR, FOR THE PURPOSE OF IMPLE- MENTING A NEIGHBORHOOD ECONOMIC DEVELOPMENT PROGRAM IN THE DOWNTOWN TARGET AREA, WITH FUNDS ALLOCATED THEREFOR FROM THE SIXTH -YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. THIS AGREEMENT WILL BE EFFECTIVE FOR THE PERIOD OF JULY 1, 1980 TO JUNE 30, 1981, IN SUBSTAN- TIALLY THE FOR11 ATTACHED HERETO. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to negotiate and execute a contractual agreement with the Downtown Miami Business Association, for an amount not to exceed $50,000 per year, for the purpose of implementing a Neighborhood Economic Development Program in the Downtown target area, with funds allocated therefor from the Sixth -Year Community Development Block Grant, in substantially the form attached hereto. PASSED AND ADOPTED this 24 ST: LP G. ONGIE, CITY CLEW PREPARED AND APPROVED BY: day of July , 1980. MAURICE A. FERRE MAURICE A. FERRE, MAYOR JOH J. C E AN,. SSISTW. IT ATTORNEY APP AS TO 1 ORSr1�-A,�D CORRECTNESS: GEORCE KNOX, JR., ITY ATTORNEY "SUPPORTIVE DOCUMENTS „D&OLLOWIFU.MENT INDEX ITEM Nn 8 or CITY Commissloil MEETING OF JUL^ 4 11i?,► IDo um ho .8 0 . 6 Joseph R. Grassie City Manager July 17, 1980 ' Neighborhood Economic Develop- ment Program Downtown CD Target Area Julio A. Castano, Director Dept. of Trade & Commerce a elopment "Attached for approval by the City Commission is a Resolution authorizing the City Manager to enter into a contractual agreement, in an amount not exceeding $50,000, with Downtown Miami Business Association in the Downtown • Economic Development target area for the pur- pose of implementing a Neighborhood Economic Development Program. The source of funding is Sixth -Year Community Development Block Grant funds, the contract period is July 1, 1980 through June 30, 1981." This item is a continuation from City Commission meeting of June 26 and July 10. A Downtown Community Development meeting is scheduled for July 22 at which time a community recommendation will be requested, to be forwarded to the City Commission. JAC:zd Encs. Resolution Contract "SUPPORTIVE DOCUMENTS FOLLOW" 80- 562 CITY U1' MIJIMI ECONOMIC D : VI: LOPMENT CONT PACT "SUPPORTIVE DOCUMENTS FOLLOW" 0-562 •. r TABLE'. UI' CONTENTS ART I CLL•: I 1.1 Contract Provisions ........................... 0... 1 ARTICLE II General Obligations 2.1 City Authorization ...........................2 2.2 Obligation of Contractor............... e..... ....2 2.3 Compliance with federal, State and Local Laws...................................2 2.4 Contract Modification ............................2 ARTICLE III 3.1 Scope of Services................................2 ARTICLE IV Conditions of payment 4.1 Budget Summary...................................2 4.2 Method of Payment .... .... .....................3 4.3 Reimbursement -Timely Submission ..................3 4.4 Salaries, Fringe Benefits, Job Descriptions ......3 4.5 Financial Accountability .........................3 4.6 Retention of Records .............................3 4.7 Bonding and Insurance ............................4 4.8 Subcontracts .................................4 4.9 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..................................6 5.5 Level of Service .............................6 5.6 Purchasing and Inventory .........................6 5.7 Disclosure of Funds ..............................6 5.8 Final Expenditure Report .........................6 ARTICLE VI Compensation Method 6.1 Maximum Compensation .............................7 6.2 Time of Performance ..............................7 6.3 Obligation fo Refund .............................7 6.4 Recapture of Funds...............................7 ARTICLE VII General Assurances and Certifications 7.1 Contractor Assurances and Certitications .........7 7.2 Anti -Kickback Provision ..........................8 ARTICLE VIII 8.1 Termination C 1 au:;f. 8 ................. "SUPPORTIVE DOCU M; I ENTS FOLLOW" CITY OF MIAMI , FLO11I DA ECONOMIC DEVELOPMENT CONTRACT THIS AGREEMENT, entered into by and berween the City of Miami, a political subdivision of ttie State of Florida, 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 , for the period beginning July 1, 1980, and ending June 30,1981. Vendor No. Contract No. Funding Source: Sixth Year Community Development Block Grant In consideration of the covenants and agreements heice- inafter set forth, the parties hereto ,agree: ARTICLE I As a necessary hart of this A,ji-vemvnt, 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 numbo rs ). 3. List of Key Staff Persons, with their titles, who will carry out this proclrain. 4. Copy of Contractor'_: Current Fidolity Mond (applicable for all persons who are authorized to receive and dis- burse fuiidn utider L11i:: ccxatract) . "SUPPORTIVE DOCUMENTS i S. Completion of Total'Contractor Bud(jet and Funds Disclosure (on formo supplied by the City). 6. Completion of Contractor's Nroyram/Line-Item Budget Expenditure Justification (on form supplied by the City). 7. Completion of Authorized Representative Statement (on form supplied by the City). ` 8. Completion of Statement of Accounting System (on form supplied by the City). 9. 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). 10. Final Expenditures Report: (to be submitted 30 days after contract expires). 11. Work Program (approved by the City). 12. Financial Report and Personnel Budget. 13. Proof of Workmen's Compensation Insurance. 14. Contractor's Corporate Seal (to be affixed to Sig- natory Page). ARTICLE II GENERAL OBLIGATIONS 2.1 CITY AUTHORIZATION For the purpose of this contract the City of Miami Depart- ment of Trade and Commerce Development will act in behalf of the City in the fiscal, programatic monitoring and con- trol of this contract. 2.2 OBLIGATION OF C:ON'i iw-rOIt The Contractor a(Irves to carry out they project as pres- "SUPPORTIVE DOCU 14i r-NTS -2- FOLLOW cribed in its attached Work Program in a lawful, satis- factory, 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 Secret- ary of Treasury, and the City of Miami Department of Com- munity Development, and all other states and local laws. The Contractor shall not perform in a way inconsistent with the terms of the Work Program except as ,uthcrized in writing by the City. Such Authorization by the City shall by subject to and in accordance with prescribed guidelines. 2.3 COMPLIANCE WITH FEDE RAL, STAT1. AND LOCAL LAWS Both parties shall comply with all applicable laws, ordin- ance, and codes of Federal, State, and local governments. Specifically, the Contractor agrees to comply with the (lousing and Community Development Acts of 1974 and 1977, Section 109 with Executive Order 11'-246 and 11063; and with Section 3 of the Housing and Urban Development Act of 1968. (Sections 570, 303). 2.4 CONTRACT MODIFICATION The City or contractor may, from time to time, revue-st changes in the scope of the services to be performed here- under. 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 Agree- ment. ARTICLI: III 3.1 SCOPE OF SERVICES It is understood that the Contractor will provide the fol- lowing services for the City: To benefit the residents and business persons in the target area: "SUPPORTIVE DOCUMENTS _ 3- Flq�� qV„ S A. Establish an intormation Base as an Economic Develop- ment Resource for Target Area Residents and Businesses 1. Compile existing analyses of the target area Z. Collect information on available programs and re- sources to promote economic development and re- vitalization 3. Establish liaison with appropriate governmental agencies, non-profit development organizations, and the Community Development Advisory Board B. Assist Existing Target Area Businesses 1. Establish outreach to existing businesses a. Annual Inventory - business name, type, loca- tion, etc. b. Compile information From inventory c. Maintain cunununication with businesses 2. Develop Strategies a. Identify technical and financial assistance needs of businesses requesting services b. Develop with the Department of Trade 6 Com- merce Development a service plan of assis- tance coordination 3. Coordinate Implementation of Strategies a. Initial screening and counseling of business clients b. Coordinate the delivery of services through referrals to appropriate primary source agencies 4. roIlow- up a. Determination of whether a business is fol- lowing their technical assistance {plan and has "SUPPORTIVE DOCUMENTS -4- FOLLOW" received the technical assistance scheduled b. Comparison and year-end assessment of client businesses C. Merchants Organization 1. Organize and/or strengthen a Merchants Association to promote target area commercial revitalization efforts D. Business Recruitment and Promotion 1. Monthly inventory of vacant cocunercial properties and monitor rental price ($ per square foot) of available commercial space 2. Assist City Planninq Department to prepare a de- tailed Market Study of the Target Area 3. Assist the City of Miami to prepare promotional literature for the Target Area In addition to the Scope of Services delineated above, any and all additional services pledged in the Con- tractor's proposal to the City are htzreby incorpor- ated by reference. ARTICLE IV CONDITIONS OF PAYMENT 4.1 BUDGET SUMMARY The total Contractor budget sununary attached hereto, is hereby incorporated and made part of this Agreement. 4.2 METHOD OF PAYMLNT Upon execution of this Agreement and with a written request from the Contractor, the City shall advance (1/6) of the appropriated funds to the Contractor. All payments shall be reimbursements for expenditures incurred only in con - "SUPPORTIVE -5- DOCU M ENT!, 8 0.5 c 2 tract period, and in compliance with a previously approved line item budget. Such reimbursement requests shall con- tain a statement declaring and affirming that all dis- bursements were made in accordance with the approved budget. All documentation in support of such request shall be sub- mitted to the City at the time request is made and all invoices should have been paid by Contractor prior to sub- mission. 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 can- celled check which was used to pay the specific invoice. In case that an invoice is paid Uy various funding sources, a copy of the invoice may be submitted but must indicate the exact amount paid by various funding sources equaling the total of the invoice. All petty cash accounts must be justified with proper documentation. Request for line -changes are allowable, with prior review and appro- val by the City. 4.3 REIMBURSLML•'NT - TIMLLY SUOMISSION Requests for payment shall be made on a timely basis. Reimbursement requests shall be submitted no later than forty-five (45) days after the last date covered by such request. Reimbursement requests for expenditures in- curred during the life of this Contract, shall not be honored unless received by the City within (90) days fol- lowing the expiration date. 4.4 SALARIES, FRINGE BENEFITS, JOB DESCRIPTIONS To be eligible for reimbursement for personnel costs, the Contractor shall submit to the City for approval, in ac- cordance 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 these vinpluyces who wi�� d}scharge UUPPON, RTIVE DOCU I'Y1 ENTS FOLLOW" duties in connection with this Contr:ct. 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, 1971). 4.5 FINANCIAI. ACCOUN,rAnILITY At any time or times 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 re- pay the 1/6 advance. 4.6 RETENTION OF RECORDS Contractor agrees to retain all financial records, support- ing documents, statistical records, and all other records, pertinent to this contract, for a pe riod.of three years. The retention period starts from the date of the sub- mission of the final expenditure report. Records for non - expendable property acquired with funds under the Con- tract, 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 BONDING AND INSURANCE The Contractor shall maintain during the term of this Con- tract, the insurance and bonds specified below: a) Insurance coverages should reflect sound business prac- tices as determined by the City of Miami, Department of Finance Division of Risk Management. b) Prior to tho dishur .mint (if ftind-; to the contractor, -7- the City shall rviceive a:;surant-v that all persons hand- ling funds received or disbursed under this Contract are covered by Fidelity Insurance in an amount consis- tent with sound fiscal practice. c) The Contractor shall furnish certificates of insurance and bonding to the City prior to commencing any act- ivity under the Contract. Said certificates shall 1 clearly indicate the Contractor is in strict compli- ance with provisions of this Atticle. 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 subcontracted without prior written approval of the City. Any work or services subcontracted hereunder shall br subject to each provision of this contract. Propv r documentation in ac- cordance with the Department of Coirununity 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 anti audit book:, and records related to the bidding process. The advance notification shall include: a) Identification of the subcontractor. b) The proposed subcontract price, tuyether with a com- plete and accurate breakdown of that price by com- ponent. c) Identification of the type of subcontract to be used. d) Summary of actions taken to select the subcontractor. "SUR"CRTIVE DOCU MI ENTS -- FOLLOW" 0 1 4.9 RL11UNTS, AUDITS, A14U EVALHATIONS The City shall cooperate with the Contractor in the con- duct of activities delegated under this contract as reas- onably requested. The Contractor agrees to submit to the City such reports as may be required, along with a quarterly report to the City comparinq expenditures to the approved budget. The Contractor al:,c, agrees to prepare and retain and permit the City to inspoct as it deems neces- sary 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 ,u,d tho progress of the Contractor's activities in the forni.,t 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 term coverinq all Project: activities. The format of this report will 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 relatintj to Coiitr.,ctor'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 member:; in such efforts. Whenever reports, forms, ets., are required of the Contractor here- in, 15 days prior notice in writing of such shall be pro- vided wherever possible. All reports, audits, and eval- uation either submitted to the City on quarterly basis, or acquired through on -going monitoring and evaluation will be thoroughly reviewed by the City. Any discrepancies, incomplete, or inadequate information dither received on a quarterly basis or throu(jh n,uniterintt and evaluation, will give the City just and legal cause to terminate this "SUPPORTIVE -9- DOCUMENTS FOLLOW" , , agreement at any timc thetoatter. ARTICLE V GENERAL 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 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 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 (if thi:, 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 INTE ,RUSTS 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 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 fut- ure acquires, owns or control: any such share, benefit, or personal interest, he shall inuitc:diately disclose such interest to the City .intl (other ul)l)rc)l►ri,itt, agviteies). -10- Upon such diselosuiv, utich ►,ersun shall not continue his participation. The Cos)tractor will comply with all Federal, State and local conflict of intoroi;t. laws and requirements. 5.4 INDEMNIFICATION The Contractor understands and agrees that it is an inde- pendent contract that agrees to inde minify hnd 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 tho Contractor. 5.5 LL•'VLL 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 & Conunerce Development is to be not- ified 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- stood and agreed that the program funded through this Con- tract 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 been porformod vvoii in they cif this contract. "SUPPORTIVE -' 1- DOCUMENTS rAt / � %ANk 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 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 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 will riot 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 he 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 coL;t. 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 property purchased with City funds through sale, use, loan or relocation without the written permission of the City. LL1 O The Contractor, in the procurement of supplies, equipment, f1 ;---% construction or-;orvicu to irnplumVnt this project, shall CU 0 make a poi i t i v• I t s it t t �� 'it i I i :•� n�., I I Inv; i pro• ; •end mi n- 0 Z C] -12- ority owned business sources of supplies and services, and provide these source 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 and minority owned business sources shall be located in or owned by re!A dents of the Commun- ity Development Target Area (s) designated by the City of Miami in the Conununity Development Grant,application approved by the U. S. Department of (lousing and Urban Development. 5.7 DISCLOSURE OF FUNDS The contractor shall disclose all source (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 a.s any changes in the amount of funds through procjr.:un income or other sources recoived during the term of agreement, within thirty (30) days of such change. Examples of inkind funds to include - free rent, labor, office eq uipmunt, etc. 5.8 FINAL EXPENDITURL RL:P014' 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 rellectiiuq both City and other funding sources. A16'ICLL VI COMPENSATION METHOD MAXIMUM COMPENSATION "SUPPORTIVE DOCUMENTS FOLLOW" 1 r`' 6.1 The Contractor acgrcvs to accept as full payment for pro- fessional services rendered in a manner satisfactory to the City, the actual amount of bud(loted, eligible and City approved expenditures and encund►rances 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 and/or reimbursupient to -be paid here- under exceed the maximum sum ot" $ TIME OF PERFORMANCE 6.2 This Contract shall become effective upon execution, and the services of the Contractor are to commence as soon as practicable after execution 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, 1981. OBLIGATION TO REFUND 6.3 Upon termination of this Agreement, the Contractor agrees 41 and understands that the City has no obligation to refund any Contractor or program with Cunmiunity Development funds. RECAPTURE OF FUNDS 6.4 The City shall reserve the right to recapture 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. ARTICLE VI1 GENERAL ASSURANCES AND CERTIFICATIONS w 7.1 THE CONTRACTOR ASSURES AND CERTIFICS THAT: w �-- z �' 1) It possesses legal authority to enter into this Con- p�L1_J0 0 J tract; a resolution, motion, or similar action has LLZD V O been (lu 1 y .i�lc )i►t c�c1 or !�.�:::�c�c) .i:; ,ui tiff 1 ci a 1 .aft of -the WALL -14- v it Contractor's governiittl body, authorizing the axe- 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 (latch Act which limits the political activity of employees. 3) It will comply 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 beinq inutiv.ited by desire for private gain for themsclvvs or others, particularly - those with whom they have fondly, business or other ties (Section 702 (s)). 5) Participants or employees in the program found pur- 0. 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(!;)). 6) Appropriate standards for health and safety in work and training situations will be maintained (Section 703(5)) . 7) Persons employed in public service jobs under this Contract shall be paid wages which shall not be lower than whichever is the highest of (a) the minimum wage which would be applicable to the employer under the Fair Labor Standards Act of 1938, 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 minimum wage for the most nearly eom- "SUPPORTIVE rable covered employment, or (c) the prevailinq DOCUMENTS -15- s u- 5 6 2 FOLLOW" 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 1974, Title VIII of the Civil Rights Act of 1968, and Executive Orders 11246 and 11046, and Section 3 of the Housing and Urbars Develohinent Act of 1968, as amended and incorporated herein by reference. 9) It will comply with the regulations and requirements of the Office of Manayement and Budget Circular A-1020. "Uniform Administration Requiremunts for Grants -in - Aid to State .and Local Governments" and federal Man- agement Circular 74-4, "Principles for Determining Costs Applicable to Grant:; and Cuntracts with State and Local Gove rumen t:; . " 7.2 ANTI -KICKBACK PROVISION , The Contractor will comply with thv Anti-Kickhack Act, Title 18, USC Section 874, and prc�vi:;ions of the Federal Labor Standards, Title 29. ARTICLE V11I TERMINATION CLAUSE 8.1 The City, by giving reasonable written notice specifying the effective date, may terminate this contract in whole or in part for cause which shall include: (1) Failure, or any reason, of the Contractor to fulfill in a timely and proper manner its obligations under this contract, in- cluding compliance with the approved Work Program and LLJ w W CD Cr O a- U O =:)OL1.. 0 IN WITNESS WHEREOF, the parties hereto have caused this Agrrrmont to ho oxocutc-d in their n.mit , by their names* 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. - 16- by their duly authorized officers and the corporate seals to be affixed hereto, all as of the day and year first above written. WITNESS our hands and seals on this day of , 19 . ATTEST: LPH G. ONGIE, CITY CLERK ATTEST: SECRETARY CITY OF MIAMI, a municipal corporation of the State of Florida By CITY MANACE R APPROVED AS TO FORM AND CORRECTNESS: ,E RGE F. KNOX, JR., CITY ATTORNEY PUSI DENT CORPORATE- SEAL