HomeMy WebLinkAbout23530AGREEMENT INFORMATION
AGREEMENT NUMBER
23530
NAME/TYPE OF AGREEMENT
METROPOLITAN DADE COUNTY
DESCRIPTION
AMENDMENT NO. 1 TO MEMORANDUM OF
AGREEMENT/EXTEND CONTRACT TERMINATION DATE/FILE
ID: J-91-690/R-91-0633
EFFECTIVE DATE
ATTESTED BY
SYLVIA LOWMAN
ATTESTED DATE
2/8/1993
DATE RECEIVED FROM ISSUING
DEPT.
NOTE
Name of party(ies)
Document Type:
Purpose:
Facility:
Date (s) :
•si par tment:
Cntact Person
Contact Person
A353
DOCUMENT LOG FORM/CITY MANAGER'S OFFICE
City of Miami and Metropolitan Dade County Depart-
ment of Housing and Urban Development
Contract Amendment
To extend contract termination date
February 21, 1992 to 365 days after City Manager
signs this Amendment
Development and Housing Conservation
(Questions) :
(Delivery)
Jeffery B. Hepburn \\ Telephone 3 3 3 6
Paul Eisenhart (T)e1ephone 3 3 3 6
EXPENSE/REVENUE $850,000 CDBG
AUTHORIZED BY RESOLUTION NO.
APPROVED BY: Budget Director
CIP Administrator
XX
ACCOUNT(s)/PROJECT(s) 451749-270-705210
Comm. Dev. Director
91-633
All City requirements have bee
document(s) is (are) 'lady for
ep
Dept. Director or Designee
ACM/Advisor
Date Rec. by Mgr's Off.:
pate Signed by Mgr.:
Attested by City Clerk:
Returned to Dept/Office:
TO CITY CLERK:
ORIGINAL
met and the
ecution
Director/Designee Init.
(Attached)
OR
(If General Funds)
j(If CIP Funds)
(If C.D. Funds)
>,3
SEE ATTACHED
Date
d-la SC13
Date ���
cl
On September 11, 1991, the City Commission passed Resolution No.
91-633, which authorized the City Manager to execute an agreement
with Metro -Dade HUD for a CDBG funded grant in the amount of
$850,000 for physical .improvements at various Dade County Public
Housing projects located in the City. The contract became
effective on February 21, 1992 and was to expire 365 days
thereafter. Due to Hurricane Andrew and some project
modifications, it will be impossible for Dade County HUD to
complete what was contemplated under the original contract before
February 20, 1993. Consequently, this amendment will extend the
termination date of the contract, enabling Dade County HUD to
complete its work.
AMENDMENT NO. 1
This Amendment No. 1, made this of
1993, by and between the City of Miami, a municipal corporation
of the State of Florida (hereinafter referred to as the "City"),
and Metropolitan Dade County, (hereinafter referred to as the
"County"), both of which agree to amend that certain Memorandum
of Agreement (MOA) , dated February 21, 1992, of which ' this now
becomes a part thereof.
RECITAL
WHEREAS, that on August 23, 1992, .Hurricane Andrew struck
Metropolitan Dade County with such force that it caused the worst
natural disaster ever recorded in the history of the United
States of America; and
WHEREAS, on December 1, 1992, adjustments to EXHIBIT I were
made by Dade County Department of Housing and Urban Development
(DCHUD) and agreed to in writing by DCHUD and the Department of
Development and Housing Conservation (DDHC), as authorized in the
MOA, Section 2, Part B; and`
WHEREAS, the two reasons cited above make it necessary to
extend the termination date of the MOA and thereby amend it;
NOW THEREFORE, THE PARTIES AGREE TO AMEND THE AGREEMENT AS
FOLLOWS:1
Section 3. Time of Performance:
1.Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged.
.1EN RETE.JLAG ri:,c i,:IL .t
REVIEW, PLEASE IDENTi1Y AS
ti9 (12
The County shall begin the improvement program described in
Section 2 of this Agreement upon execution by. the City Manager
and County Manager and terminate 365 days ttre-reaftir from the
date of this Amendment No. 1. Further, the City and County may
make adjustments, modifications, or changes to this MOA which are
consistent with the spirit of this MOA provided said adjustments,
modifications, or changes are agreed to in writing by DCHUD and
DDHC; except that the $850,000 contract amount shall not be
changed.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective official thereunto
duly authorized.
ATTEST:
By:
y Hir i , City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
/ (/1
es, III,
City Att: ney '2. LC,
SEAL
By:
Harvey Ruvin, County Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
Robert A. Ginsburg, County Attorney
CITY O,)IIAMI
Cesar H. Odio,
City Manager
Community Development Dept.
METROPOLITAN DADE COUNTY
Joaquin Avino, Date
County Manager
(fit r of 4uutmt
HERBERT J. BAILEY
Assistant City Manager
November 6, 1992
Mr. Gregory A. Byrne, Director
Metropolitan Dade County
Department of Housing and Urban Development
1401 N.W. 7th Street
Miami, Florida 33125
Dear Mr. Byrne:
CESAR H. ODIO
City Manager
t C)
0
This is the City of Miami's response pursuant to your letter
dated October 13, 1992 (copy attached) and our meeting yesterday.
The City hereby agrees to the adjustments delineated in your
October 13, 1992 letter, as they are consistent with the spirit
of the Memorandum of Agreement (MOA) dated February 21, 1992. We
are jointly authorized to make these adjustements by Section 2,
Part B of the MOA. Your signature and return of this letter to
me will evidence Dade County HUD's agreement to the adjustments.
Two originals are included herein.
Secondly, regarding the October' 21, 1992 R. Douglas Raiford
letter (copy attached) to you about the applicability of Davis -
Bacon Wage Rates to "routine and Ion -routine maintenance work", I
have the following opinion. The work to be performed and paid
for under the MOA is only part of the total improvements to be
done by/through Dade County HUD. My opinion is that these are
"capital improvements" and not "routine and non -routine
maintenance work". At our meeting you expressed that this was
also your opinion. Consequently;; as a result of the President's
Executive Order waiving Davis -Bacon Wage Rate compliance in Dade
County, effective October 14, 1992 (copy attached); these wage
rates and related reporting requirements should not be applicable
to all contracts awarded after October 14, 1992 pursuant to the
MOA. I recommend that you write Mr. William J. Taylor, as you
were directed to in R. Douglas Raiford's letter, to express our
concurring individual opinions and seek his written agreement
with our position. This should be done as expeditiously as
possible, in order to get the projects under the MOA started and
completed.
DEPARTMENT OF DEVELOPMENT AND HOUSING CONSERVATION/DUPONT PLAZA CENTER
300 Biscayne Boulevard Way., Suite 400-401/Miami, FL 33131
DEVELOPMENT DIVISION (305) 579-3366 / HOUSING DIVISION (305) 579-3336
PROPERTY AND LEASE MANAGEMENT DIVISION (305) 372-4640 / Telecopier: (305) 371-9710
Mr. Gregory A. Byrne
November 6, 1992
Page 2
I will consider your October 13, 1992 letter to be incorporated
and made a part of the MOA as of the date of your signature
below.
If you have any questions, please call Paul A. Eisenhart of my
staff at 579-3336.
Sincerely,
Herbert J. Bailey
Assistant City Manager
The terms of this letter are hereby agreed to by Dade County
Departient of Housing and Urban Development.
L? / /Z//i
.Gre6ry/A. B rne, Director Dat
HJB/PAE/ep
cc: Jeffery B. Hepburn, Assistant Director
Paul A. Eisenhart, Housing Specialist
Alphonso K. Brewster, Director of Finance & Administration
Dade County HUD
FROM:METRO DADE / HUD
TO:DADS COUNTY 1-1UD-
I.
L 29, 1992 5:07PM #510 P.01
., 3-Q. S..t �ll21.4.)
rum" l �-� (
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C.
Co.
Dept. PLUSilae
Phone # / _ Litt _. 5./.2.4
Fax"54/-67i 6
Foxf 39-9S'o5.
OCT 2a1002
U,$. Department of Housing and Urban Development
Atlanta Regional Office, Region IV •
Richard B Russell Federal Building
76 Spring Street, S.W.
Atlanta, Georgia 30303-3388
Mr. Gregg Byrne, ,Executive Director
Metropolitan Dade County Department of BUD
1401 N. W. Seventh Street
Miami, FL 33125
Dear Mr. Byrne:
SUBJECT: Suspension of the Davis -Bacon )act and the Related
Acts in Hurricane -Hit Areas of Florida
On October 16, 1992, the S. S. Department of Labor
issued Memorandum No. 167, copy; enclosed. The memorandum
provides notification of the suspension of the Davis -Bacon
Act by President Bush, effective October 14, 1992, in the
Counties of Broward, Collier, Dade and Monroe in the State
of Florida. The suspension will remain in force until
further notice. .
:77
cr
i—
Please carefully review the enclosure which delineates
the criteria under which the Davis -Bacon Act requirements
may be suspended.
Please note that, among other provisions, the
suspension.applies'to all contracts executed.on or after
October 14, 1992. Contracts awarded prior to October 14,
1992, are not impacted by this suspension and the determined
'rates apply to all covered work performed on such contracts.
In such event, the provisions of, the Act and regulations for
enforcement of the contract requirements, including the
conformance provisions for adding Classifications and wage
rates, continue to apply to such'contracts.
This suspension goes not affect routine and non -routine
piaintenapce work which continue to be subject to HUD -Deter-
mined wage rates issued by this Office. The Authority
should continue to request wage rates for such work.
Additionally, the suspension does not affect the wages
established for maintenance workers emp/aved at public
housing authorities.
Should you have any questions regarding this matter or
if you need further clarification; please contact Mr.'
William J. Taylor at 404 1 331-4637.
Ver si.ncerurs
R..�Doug1 .e' ' = i or , Chlef
Labor Relatth s' ranch
Enclosure
METROPOLITAN DADE COUNTY, FLORIDA
41
METRO•DADE •
October 13, 1992
Mr. Frank Castaneda
City of Miami
3500 Pan American Drive
Miami, FL
Dear Frank:
DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
. 1401 N.W. 7TH STREET
P.O. BOX 350250
MIAMI, FLORIDA 33135
(305) 547.7599
OFFICE OF THE DIRECTOR
Attached is our request for a -budget amendment for the $850,000
in public housing modernization activities funded under the FY
'92 CDBG program.
Explanation.
The following changes are requested to reflect differences in
budgeted versus actual contract costs:
o Increase the amount budgeted for Claude Pepper from
$33,000 to $37,929
o Increase the amount budgeted for Smathers Plaza from
$55,000 to $86,794
o Decrease the amount budgeted for Jack Orr from $86,000
to $67,925
o Decrease the amount budgeted for Gwen Cherry
(Allapattah) repairs from $210,000 to $146,300
o Decrease the amount budgeted for Culmer Place from
$127,500 to $66,750
In addition, because the contract to paint Donn Gardens (budgeted
for $60,000) did not contain the appropriate Davis Bacon wage
rates required by the CDBG program, we funded this job from our
operating budget. Therefore, we are requesting that these monies
be reallocated to paint Abe Aronovitz ($40,000) and Elizabeth
Virrick ($20,000), both of which are elderly properties long
overdue for painting and are in the same neighborhood as Donn
Gardens (Allapattah).
Page 2
Finally, there was.$278,500 originally budgeted for Rainbow
Village. Subsequent to the award by the city commission, we
received comprehensive modernization funding from USHUD for
Rainbow Village. Therefore, we are recommending that $235,647 of
these funds be transferred for,_ urgent repairs at Town Park, which
is located directly across the street .from Rainbow Village. We
plan to match these funds and;undertake a modernization program
for this property, which would have a major, positive impact on
this area of Overtown.
After the above changes are made, there remains $148,655 in
available funds. We are proposing that these monies be used to
help defray the costs of the day care center at Rainbow Village.
In FY '91, the city, provided $86,540 to St. Agnes Church to
construct this facility. •However, we estimate that the total
costs for a 75-child facilitywill run approximately $400,000.
We have agreed to contribute $164,805. .These additional funds
from the City of Miami will enable us to move forward on this
important neighborhood program.
All of the above changes, with, the exception of the day care
facility, have been reviewed with tentative approval In
discussions with your staff over the past six months.
I would like to finalize thisbudget amendment as quickly as
possible since we have contra?ts pending for most all of the
unobligated funds.
ely,
Gregor A. =yrne
Director
GAB:sc
, Attachments
ACTIVITY
PAVING & DRAINAGE
FENCING —LIGHTING
EXTERIOR PAINTING
SPECIAL FEATURES
CONTRUCTION
TOTAL
APPROVED
EXHIBIT I (Revised)
.CITY OF MIAMI CDBG FUNDING FY91-92
ALLOCATION SCHEDULE
CLAUDE GWEN JACK ORR SMATHERS CULMER TOWNPARK ABE EUZABETH RAINBOW TOTAL
PEPPER CHERRY PLACE GARDENS ARONOVITZ VIRRICK VILLAGE
5-25 5-27 5-41 5-18 5-49 5-33 5-11 5-24 5-32
S56,400 $5,600 $66,750 $75.600 $204,350
$6,000 $28,660 $7,900 $42,560
$11,482 S27,900 $40,000 S20,000 S99,382
$20,447 $33,340 $54,425 $86,794 $160,047 $355,053
$148,655 $148,655
$37,929 $146,300 $67,925 $86,794 $66.750 $235,647 $40,000 $20,000 $148,655 $850,000
///3 y ' APPROVED
MR. GREGURY A. BYRNE, DIRECTOR
DADE COUNTY HOUSING & URBAN
-- DEVELOPMENT
CITY OF MIAMI MR. FRANK CASTANEDA, DIRECTOR
CDBG PROGRAM
CHILDCARE
CENTER
EV/MIT II
ALLOCATION SCHEDULE
Claude Pepper Gwen Cherry Gwen Cherry/ Jack Orr Smathers Plaza Donn Gardens Culmer Place Townpark Gdns. Child Care Ctr. Abe Aranovitz Elizabeth Total
5-25 5-27 Rainbow 5-41 5-18 5-8 5-49 5-33 Rainbow Village 5-11 Virrick
Overtown Allapattah 5-27 & 5-32 Overtown Little Havana Allapattah Overtown Overtown 5-32 Allapattah 5-24 & 5-529
Overtown
Overtown Allapattah
Original Allocation 533,000.00 5210,000.00 5278,500.00 S86,000.00 555,000.00 S60,000.00 'S127,500.00
Revised Allocation 537,929.00 5146,300.00
567,925.00 586,794.00
5850,000.00
S66,750.00 S235,647.00 S148,655.00 S40,000.00 520,000.00 5850,000.00
FILE:SCHEDULE.1IKt/C/SH
•
(-2 '. 9 2
J-91-690
8/29/91
RESOLUTION NO.
91-- 633
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH DADE
COUNTY HOUSING AND URBAN DEVELOPMENT FOR A
GRANT IN THE AMOUNT OF.$850,000, WITH FUNDS
FROM THE 17TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, FOR THE PURPOSE OF
PROVIDING PHYSICAL • IMPROVEMENTS AT THE
VARIOUS METRO-DADE' COUNTY PUBLIC HOUSING
SITES LOCATED WITHIN THE,CITY OF MIAMI.
•
WHEREAS, the City Commission is desirous of providing
financial assistance towards the implementation, of needed
physical improvements at the Metro -Dade County public housing
sites within the City of Miami; and
WHEREAS, City of Miami residents living within the various
County public housing sites, will stand to benefit from the
improvements provided by the County; and.
WHEREAS, on May 9, 1991, the City Commission adopted
Resolution NO. 91-365 which authorized the allocation of $850,000
to Dade County Housing and Urban Development from 17th Year
Community Development Block Grant funds;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The .recitals and findings contained in the
Preamble to the Resolution are hereby adopted by reference
thereto and incorporated;herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute an agreement'', in substantially the attached form, with
Dade County Housing and Urban Development for a grant in the
1/
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney including but not limited to those prescribed by
applicable City Charter and Code provisions.
I ATTACHMENTS
L CONT
AINED
CITY COMMISSION
MEETING OF
SEP 11 1991
Ii•- 633
amount of $850,000 to provide physical improvements at the
various County public housing sites located within the City of
Miami.
Section 3. Funds in the amount of $850,000 are hereby
allocated from the 17th YearCommunity Development Block Grant
Program for the purpose of providing a grant in that amount to
Dade County Housing and Urban Development for physical
improvements at the various Dade County public housing sites
located within the City of Miami.
Section 4. This Resolution shall become effective
immediately upon its adoption.!
PASSED AND ADOPTED this llth day of September , 1991.
MATTY HIRAI, CITY CLERK'
COMMUNITY DEVELOPMENT
APPROVAL:
FRANK CASTANEDA, DIRECTOR
DEPARTMENT OF COMMUNITY
DEVELOPMENT
BUDGET DEPARTMENT APPROVAL:
SUAREZ, MAYOR
FINANCE DEPARTMENT APPROVAL:
MANOHAR S.A, DIRECTOR ,, CARLOS E. GARCIA, DIRECTOR
DEPART T OF FINANCE
DEPARTMENT 0BUDGET
PREPARED AND APPROVED BY: APPROVED AS TO FORM AND
CORRECT,N AS OF., . UGUST 30, 1991:
ALBERTINE B. SMITH
JO GE L. FERNANDEZ
CHIEF ASSISTANT CITY ATTORNEY CI Y ATTC(NEY
ABS/gmb/bss/M2446
-2-
91- 633
•C•
•
i• •1 of • N.lami:C_:.7 Ftsding - F! 91-92 - Prersea Uses Apri1, 1591 - Planning Division
• 'Claude Pepper Gre_ Cherry(1) Gten Cherry/Rainbow Jack Orr(2) Smathers Plaza Donn Gardens Culmer Place • Total
5-25 5-27(16) 5-27(23) & 5-32 5-41 5-18 _ 5-1 .. 5-49
Overtowt Allapatah Overtown Overtown Little Havana Allapatah Overtown
Paving and Drainage $30,000 $141,000 $82,500 $253,500
Handicapped Access $12,500 $12,500
Fencing/Site Lighting $23,000 $135,000 $25,000 $26,000 $45,000 $254,000
Exterior Painting • $45,000 $100;000 $30,000 $60,000 $235,000
Special Features $10,000 .. $60,000 $25,000 $95,000
'otal $33,000 $210,000 • $278,500 $86,000 $55,000 $60,000 $127,500 $850,000
(1) Any funds remaining should be used for painting Gwen Cherry 5-27(14)
(2) lncittdes Retiling building at $50,000 tinder special features
Drag Elimination Grant many is also avialable at several sites
•
•
E2
c3
M j4ORANDUM OF AGREEMFf
This Agreement made and entered into this '/ day of
19', by and between the City of Miami, a
municipal corp6'ation of the State of Florida (hereinafter
referred to as the "CITY"), and Metropolitan Dade County,
(hereinafter referred to as. the "COUNTY"), both of whom
understand and agree as follows:
WItNESSETH:
WHEREAS, the COUNTY has the power to own and operate low
income public housing projects within the CITY; and
WHEREAS, such projects have a need for physical improvements
to meet the safety and security needs of the residents of public
housing projects located within the CITY; and
WHEREAS, the Dade County Department of Housing and Urban
Development requested funding assistance for the purpose of
making physical improvements to public housing projects located
in the CITY; and
WHEREAS, On May 9, 1991, the City Commission, through
Resolution No. 91-365, approved the allocation of $850,000 in
Community Development Block Grant funds in order to provide
assistance to the COUNTY in providing the said improvements; and
WHEREAS, both parties are agreeable to providing funds for
carrying out the activities and improvements identified, under
the terms and conditions hereinafter set forth;
NOW, THEREFORE,_ in consideration of the promises and the,
mutual covenants and obligations herein contained, and subject to
the terms and conditions hereinafter stated, the City of Miami
and the COUNTY do mutually agree as follows:
91- 633
SECTION 1
DEFINITIONS:
For purposes of this Agreement the following names shall be
abbreviated as follows:
CDBG
Community Development Block Grant
CITY
City of Miami
COUNTY
Metropolitan Dade County
DCHUD
Dade County Department of Housing and Urban Development
DDHC
City of Miami Department of Development and Housing
Conservation.
SECTION 2
It is understood that the CITY and COUNTY shall carry out
the following activities to implement this Agreement:
A) CITY shall provide funds to the COUNTY in the amount of
$850,000 for the COUNTY to make drainage, lighting and other
exterior improvements at the various County Public Housing
Projects located in the CITY. A listing and description of
the improvements to be made, and their estimated cost are
shown on EXHIBIT I.
B)
The COUNTY may make
adjustments
to EXHIBIT I to add or
delete specific improvements, or to modify the cost of any
improvement, so long as such adjustments are consistent with
the spirit of this Agreement and are agreed to in writing by
DCHUD and DDHC.
C) DCHUD shall submita status report to DDHC describing the
progress in carrying out the Program, said report to
accompany each DCHUD request for reimbursement invoice to
DDHC.
1i-- 633
SECTION 3
TIME OF PERFORMANCE:
The COUNTY shall begin'the improvement program described in
Section 2 of this Agreementi' upon execution by the City Manager
and County Manager and terminate 365 days thereafter.
SECTION 4
PAYMENT FOR IMPROVEMENTS:
A) For the improvements described in Section 2 A (Exhibit I) of
this Agreement, it is understood and agreed that the CITY
shall reimburse the COUNTY, upon submission of itemized
invoices by DCHUD to DDHC, an amount not to exceed Eight
Hundred and Fifty Thousand Dollars ($850,000).
B) It is understood. that.. the CITY- shall not. reimburse the
COUNTY for any administrative costs incurred in the carrying
out of this program.
C) Invoices for payment oshall be prepared by DCHUD and
submitted monthly to DDHC when partial payments are required
in the course of implementing the. program described in
Section 2, not to exceed the $850,000 limit.
SECTION 5
CQMPLIANCE WITH FEDERAL. STATE ANND LOCAL LAWS:
Both parties shall 'comply with all applicable laws,
ordinances and codes of federal, state and local governments.
SECTION 6
MURAL CONDITIONS: t;
A) All notices or other communications which shall or may be
given pursuant to this; Agreement shall be in writing and
shall be delivered bypersonal service., or by registered
mail addressed to the ,other party at the address indicated
herein or as the sameOmay be changedfrom time to time.
t
Such notice shall be ,deemed given on the day on which
personally served; or,f if•by mail, on the fifth (5th) day
after being posted or the. date of actual receipt, whichever
is earlier.
91- 633
CITY OF MIAMI
DEPARTMENT OF DEVELOPMENT
and HOUSING CONSERVATION
300 Biscayne Blvd. Way
Suite 401
Miami, Florida 33131
METROPOLITAN DADE COUNTY
DEPARTMENT OF HOUSING and
URBAN DEVELOPMENT
1401 Northwest 7th Street
Miami, Florida 33125
B) Title and paragraph headings are for convenient reference
and are not a part of this Agreement.
C) In the event of any conflict betweenthe terms of this
Agreement and any terms or' conditions contained in any
attached documents, the terms'in-this Agreement shall rule.
D) Nb waiver or a breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of the
same or any other provision hereof, and no waiver shall be
effective unless made in writing.
E) Should any-- provisions, --paragraphs, sentences, —words or
phrases contained in this Agreement be determined by a court
of competent jurisdiction ,to be
otherwise unenforceable under the
Florida or the City of Miami, such
invalid, illegal, or
laws of the State of
provisions, paragraphs,'
sentences, words or phrases°shall be deemed modified to the
extent necessary in order to conform with such laws, or if
not modifiable to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms
and provisions of this Agreement shall remain unmodified and
in full force and effect.
F) The COUNTY shall comply with Davis -Bacon wage requirements
on all construction, rehabilitation and other labor
intensive work funded by the CITY. The COUNTY further
agrees to administer the 'monitoring of the Davis -Bacon
compliance requiremnts and to provide the CITY with copies
of all Davis -Bacon files on this project. Accordingly, the
COUNTY shall abide by the Federal Labor Standards provisions
of U.S. HUD Form 4010 incorporated incorporated herein as
part of this agreement.
G) The County shall implement 'the work program as described in
EXHIBIT I. The CITY further understands that no actual
housing units will be rehabilitated under the terms of this
agreement. -
91- 633
H) The COUNTY shall comply with all applicable provisions of
the CITY's First Source Hiring Ordinance, Ordinance No.
10032, a copy of which is attached and incorporated hereto
as Exhibit II
OWNERSHIP OF DOCUMENTS:
SECTION 7
2 "
All documents developed by the COUNTY under this Agreement
shall be delivered to the CITY by the COUNTY upon completion of
the aFtivities required pursuant to Section 2 hereof and shall
become the property of the CITY,• without restriction or
limitation on its use. The COUNTY.agrees that all documents
maintained and generated, pursuant to this contractual
relationship between the CITY and the COUNTY shall be subject to
all provisions of the Public Records Law, Chapter 119, Florida
Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by the CITY to the COUNTY
pursuant to this.Agreement shall at all times remain the property
of the CITY and shall not ,be used by the COUNTY for any other
purposes whatsoever without the written consent of the CITY.
eSECTION 8
NON-DELEGABILITY:
That the obligations undertaken by 'the COUNTY pursuant
to
this Agreement shall not be delegated or assigned to any other
person or firm unless the CITY shall first consent in writing to
the performance or assignement of such service or any part
thereof by another person or firm. The CITY's consent, however,
is not required for any such obligations delegated or assigned to
general contractors and/or subcontractors.
SECTION S
AUDIT RIGHTS AND INSPECTIONS:
At any time during normal business hours and as often as the
CITY, U.S. HUD and/or the Comptroller General of the United
c•
States may deem necessary,' there shall be made available to the
CITY, U.S. HUD and/or representatives of the. U.S. HUD or
91 - 632
Comptroller General for examination all DCHUD records with
respect to all matters covered by this Agreement and DCHUD shall
permit the CITY,. U.S. HUD and/or representatives of the
Comptroller General to audit, examine and make audits of all
contracts, invoices, material, payroll, records of personnel
conditions of employment and other data relating to all matters
covered by this Agreement. The CITY reserves the right to audit
the records of the COUNTY at any 'time during the performance of
this Agreement•'and for a period of one year after final payment
is made under this Agreement. The cost of said audit shall be
tia
borne by the COUNTY. Said documents and records shall be
maintained by DCHUD no less than three (3) years after the
termination of this Agreement.
SECTION 10'
! ARD OF AGREEMENT;
The COUNTY warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
and that it has not offered to pay, paid, or agreed to pay any
person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
SECTION 11
CONSTRUCTION OF AGREEMENT;
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
,SECTION 12
SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein,
their successors and assigns.
SECTION 13
INDEMNIFICATION:
The COUNTY and the CITY shall indemnify and save each other
harmless from and against any and all claims, liabilities,
losses, and causes of action which may arise out of the COUNTY or
the CITY activities under this Agreement, including all other
acts or omissions to act on the part of the COUNTY, or on the
91- 633
part of the CITY, including any person acting for or in their
behalf, and, from and against orders, judgements, or decrees
which may be entered and from against all costs, attorneys' fees,
expenses, and liabilities incurred in the defense of any such
claims, or in the investigation thereof.
SECTION 14
CONFLICT OF INTEREST:
The COUNTY covenants that no person under its employ who
presepjly exercises any functions or responsibilities in
connection with CDBG funded activities, has any personal
financial interest, direct or indirect, in this Agreement. The
COUNTY further covenants that, in the performance of this
Agreement, no_ person having such conflicting interest shall be
employed. Any such interests on the part of COUNTY or its
employees, must be disclosed in writing to the CITY..
COUNTY is aware of the conflict of interest laws of the City
of Miami (City of Miami Code Chapter 2, Article V), Dade County,
Florida (Dade County Code Section 2-11-.1) and the State of
Florida, and agrees that it shall fully comply in all respects
with the terms of said laws.
SECTION 15
INDEPENDENT CONTRACTOR:
The COUNTY's employees and agents shall be deemed to be
independent contractors, and not agents or employees of the CITY,
and shall not attain any rights or benefits under the Civil
Service or Pension Ordinances of the CITY, or any rights
generally afforded classified or unclassified employees; further
they shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of the CITY.
'SECTION 16
TERMINATION OF CONTRACT:
This Agreement may be terminated for cause by either party
t•
at any time upon submission of thirty (30)"days written notice.
The City Manager for the CITY,. and the County Manager for
the COUNTY, shall• make ,the determination whether there is
sufficient cause to terminate this Agreement.
SECTION 17
NON-DISCRIMINATION:
The COUNTY agrees that it shall not discriminate as to race,
sex, color, creed, national origin, or handicap in connection
with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall,
solely by reason of his/her race, sex, color, creed, national
origin, or handicap, be excluded1from the participation in, be
denied,benefits of, or be subjected to discrimination under any
Is. +
program or activity receiving federal financial -assistance.,
SECTION 18
MINORITY PROCUREMENT COMPLIANCE: ;;
The COUNTY acknowledges that it_has been furnished a copy of
Ordinance No. 10538, the Minority Procurement Ordinance of the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
SECTION 19
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
of funds and continued authorization for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or changes in regulations.
SECTION 20
DEFAULT PROVISION:
In the event that the COUNTY shall fail to comply with each
and every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
CITY, at its sole option, upon written notice to COUNTY may
cancel and terminate this Agreement, and all payments, advances,
or other compensation paid to COUNTY by CITY while COUNTY was in
default of the provisions herein contained, shall be forthwith
returned to CITY.
91•- 633
SECTION 21
ENTIRE AGREEMENT:
This instrument and Exhibit I constitute the sole and only
Agreement of the parties hereto relating to said grant and
correctly sets forth the rights, duties, and obligations of each
to the other as of its date.* Any prior agreements, promises,
negotiations, or representations not expressly set forth in this
• Agreement are of no force or effect.
SECTION 22
ASSURANCE AND CERTIFICATIONsi
A) No person in the United States shall, on the grounds of
race, color, creed, national origin, sex, marital status or
physical handicap, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to
discrimination under this Agreement and shall immediately
take any measure necessary to correct any such
discrimination and to insure that such discrimination cannot
occur in the future.
B) The parties shall comply with the Housing and Community
Development Act of 1974, as amended, Section 109 of Title
VI, of Civil Rights Act of 1984, Title VII of the Civil
Rights Act of 1968, Executive Orders 11046 and Section 3 of
the Housing and Urban Development Act of 1968 (Section
570.303 (E)(1)).
C) The parties shall comply with the provisions of the Hatch
Act as amended January 1, 1985, which limit the political
activity of employees.'"
D) The parties shall 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 families, business or other ties.
E) The parties shall comply with the following federal
regulations as they may apply to this project. The
regulations are incorporated herein and made a part of
hereof by reference.
91- 633
1) Flood Disaster Protection:Act of 1973 (P.L. 93-234); HUD
Lead -Based Paint Regulations, 24 CFR Part 35; Clean Air
Act, as amended, 42 USC 2875 et seq.
2) Federal Water Pollution Control Act., as amended, 33 USC
1251 et seq.'
3) Regulations of Environmental Protection Agency 40 CFR
Part 15, as amended. ..
4) Federal Labor Standards, 10 CFR Parts 3, 5 and 5a of
Department of Labor..'
5) Non -Discrimination Under`Title VI of the Civil Rights
Act of 1985.
6) Uniform Relocation assistance and Real Property
Acquisition Policies Act of 1970.
,SECTION 23
AGREEMENT DOCUMENTS
The parties hereto agree and understand that the following
list of documents constitute and:shall be hereafter referred to
as part of this Agreement.
A) Guidelines for applicants on Equal Employment Opportunity
Community Development Block Grant.
B) U.S. Department of Housing and Urban Development Notice CPD-
75-4 (Annual Report on ',Relocation and Real Property
Acquisition Activities from HUD-7083).
C) U.S. Department of Housing and Urban Development Notice
(Request for U.S. Department of Labor Wage Rate
Determination).
D) Office of Management and Budget Circular A-102, "Uniform
Administration requirements for grants-in-aid to State and
Local Governments" to Community Development Block Grants.
E) Circular A-102 Principles for determining costs applicable
to grants and contracts with State and Local Governments.
F) Dade County Community Development Block Grant Program
Affirmative Action Plan.
,SECTION 24
AMF,NIMENTS :
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereinto
.
duly authorized, this the day and year first above written.
91- 633
ATTEST:
r.t Natty H'ai
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS:
4//
Q(JINN NES, III
City Atto ney
APPROVED AS TO INSURANCE
REQUIREMENTS '
Segundo a:Perez
Insure a Coor.rator
A.
:,Law Departmen
Marsh 1 Ader
Couh y Clerk
City of Miami, a Municipal
Corporation of the State of
Florida
By:
Cesar H. Odio
City Manager
Metro•olitan Dade County
y oaq`uin A ino 4�
County Manager
APPROVED AS TO FORM AND
CORRECTNESS:
Robert A. Ginsburg
County Attorney
81- 633
•
•
•
•
•
'G.( of Miami C Fes dlnq - FI 91-92
•
•:Claude Pepper
•• 5-25
Overtotet
Paving and Drainage
sandicapped Access
Fencing/site Lighting $23,000
Ezteriar Painting
• Special Features
_. -... ',JUL
-
_-•�:G_�_-
•
= -_. `%a�-`.i` -' = -'ter -- •::7:1••
•
•
•
Er-
•
Pznr sed Uses April, 1591 - Planning.Divisior '
G 2:: Cherry(1) Ge?a CherrT,2ainbow Jack Orr(2)
5-27(16). 5-27(23) & 5-32 5-41
bllapatah Overtown Overtown
$30,000 $'141,000
$12,500
$135,000 $25,000 $26,000
• $45,000 • $iaa;000 $30,000
$10,000
$33,000 $210,000 $278,500
(1) Any funds remaining should be used for painting C en Cherry 5-27(14)
(2) Includes P.etillng building at $50,000 under special features
Drty Elimination Grant coney is also avialable at several sites
CTJ
Smatbers Plaza
5-18
Little Havana
$60,000 $25,000
$86,000 $55,000
Donn Gardens
_ 5-J-..
A.Llapatah
$60,000
$60,000
Cuimer Place • Total
5-49
Overt wn "
$82,500 $253,500
$12,500
$45,000 $254,000
$235,000
$95,000
$127,500 $850,000
07.
EXHIBIT "II"
•
,A-85-380
ORDINANCE NO: 1 0 0 3 2-•
AN ORDINANCE IMPLEMENTING THE "FIRST SOURCE
AIRING AGREEMENT" AND ,'SITTING AS A CONDITION
PRECEDENT 70' THE EXECUTION OF CONTRACTS
-RESULTING IN TIIE CREATION OF NEW PERMANENT..
JOBS, THE SUCCESSFUL NEGOTIATION OF A "FIRST
SOURCE HIRING AGREEMENT"'BET'WEEN THE PRIVATE
INDUSTRY COUNCIL OF 'SOUTH .FLORIDA/SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM,
AUTHORIZED REPRESENTATIVE OF THE CITY• OF
HIAHI•, AND -THE ,ORGANIZATION 0R INDIVIDUAL
RECEIVING. SAID •CONTRACT,. UNLESS SUCH AN
AGREEMENT "IS FOUND TO BE INFEASIBLE BY THE
,CITY MANAGER, AND SUCH FINDING IS APPROVED BY
.cA' TIIE CITY COMMISSION OF THE CITY OF MIAHI,
WITH THE PRIMARY' BENEFICIARIES OF THIS
AGREEMENT BEING THE PARTICIPANTS OF IHE.CITY..
• OF HIAHI, TRAINING AHD.EMPLOYMEHT PROGRAMS
:AND OTHER RESIDENTS OF THE CITY OF MIAHI;
CONTAINING A REPEALER ,PROVISION . AND
SEVERABIL1TY CLAUSE. •
WHEREAS, the City Commission has declared its intent
-- *that public. -Projects that are financed by public funds, CETA
participants; who are eligible are to be,given priority" (Motion
83-1018, November 16, 19B3), and;
•
WHEREAS, the City Commission.is dgsirous of supporting
the concept of "First Source Hiring,Agreement", which would giye
.priority employment to City of Miami training and employment
participants i hiring situations resulting from the support .of
public funds, from or through the_lC,J,.y and/or special privileges
granted by the City of Miami, and;
WHEREAS, the City Commission passed a Resolution
"establishing an advisory:committee to recothmend a "First Source
giving Agreement" policy for''•implementatlon by the City of Hiami
and appointing certain Individuals to serve on that committee"
(Resolution No. 84-89B, July 31, 1984), and;
WHEREAS, the City ,Commission or the City of Miami
• wishes to assure continuing employment opportunities of residents
'of the City of Miami, and;
WHEREAS, the authorized representative shall negotiate
the terms of the "First Source Hiring Agreements" on a project by
31- 633
project basis with the
recipient of contracts for facilities,
services.,and/or grants and •loans from or through the'''.City of
Mlaml, and;
WHEREAS, those.organizations and•individuals receiving
.contracts for. facilities, services and/or grants and loans from
or.through the City of Miami should participate in the "First
-Source Hiring Agreement" as •.it• -is in the best interest of said
parties and City of Miami residents, and; .
WHEREAS, for the purpose of this resolution, contracts
•.for :[,acilities;'services and/or grants and loans with the City of
. -Miami are defined in Section 2 of this Ordinance, and;
.WHEREAS, ;those organizations or individuals receiving
the idgntlfied public funds, ,.by the receipt of contracts for
facilities,. services and/or__grants,and loans would be required,
precedent to. the execution of said contracts to enter .into
.. negotiations with the duthorized representative, -as defined in
Section .2. of the Ordinance, and to:arrive at a "First Source
-.Hiring Agreement" wbich is satisfactory to both parties, anch
•
• 'WHEREAS, the special duties 'and responsibilities of the
- authorized representative necessary to implement "First Source
Hiring' Agreements" . are spelled out in the provisions of
a. Resolution being considered for adoption by the City Commission
on June 13,.1985; and
. WHEREAS, a model "First Source Hiring Agreement" is
attached herewith, for illustrative purposes only;'
• NOW, THEREFORE, BE,IT ORDAINED BY THE . COMMISSION
OF TIIE CITY OF MMIAMI,
•
FLORIDA:
w y4
Section 1. That this Commission hereby approves
implementation of the "First.Source Hiring:Agreement" policy and
_ trequires as i condition precedent to the lexecution of service
contracts for facilities, services, and/or receipt of grants and
loans, for projects of a nature that create new jobs, the
successful negotiation of "First:, Source Hiring Agreements"
between the organization or individual receiving said contract
and the authorized representative .unless •such an agreementlis
found infeasible by the City Manager and such finding approved by
the City Commission of the City of Miami at a public hearing.
10032
-//7_ ..91_ 633
Section•2. Definitions. For .the purpose of the
Ordinance, the following terms, phrases,words •arW their
-...- •.derivations 'shall have the following meanings;
•A. ..Service ' • •Contracts • means - .'contracts ' for the
procurement of services by the City of .Hiami which include
professional services..
D. Facilities means —ell publicly financed projects,
_.: including but. without limitation, unified development ,projects,
municipal public works, and Municipal improvements to the extent
. they are ;financed through public money'services or the 'use of
.
:publicly owned property. •
C. 'Services includes, ' without limitation, public
works �C'improvement•s,:' facilities, professional services,
commodit'es, supplies,.materials.and equipment.
.
. .1. :D. Grants and.Loans means, without limitation, Urban
. : Development Action Grants (UDAG), Economic Development Agency
•
•
construction loans, loans from Miami Capital' Development,
1
Incorporated, •and all federal 'and State grants administered by
the City of Miami.
. Authorized •Representative .means the private
•
!Industry Council of South .Florida%South Florida Employment 'and
Training Consortium, 'or its successor as local. recipient :of.••
federal and State training and employment funds.
'Section 3. .The authorized •representative shall•
negotiate each "First Source Hiring Agreement".
.•i . • Section 4. The primary, beneficiaries of the '"First
. Source Hiring Agreement" shall .be participants of the City of.
Miami training and employment programs, and other residents of
the City of.Hiami.
•! Section 5. All ordinances, or parts thereof•}• in
conflict herewith are hereby repealed.
Section 6. Should any part of or provision of the
Ordinance be declared by a court of competent jurisdiction to be
invalid, same shall not affect the validity of the Ordinance as a
thole. '
10032•
- — • • PASSED •011 FIRST READING •pY TITLE .ONLY THIS
• day of ,y,ly , 1985.
-Ii. .;,PASSED AND ADOPTED ON •SECOND AND FINAL READING BY TITLE •
•
ONLY'this •12th• day of 'September 1905.
AT
:CITY CLERK •
' PREPA D AHD A-P'PROVED BY:
ROBERT.0 :CLARK • •
CHIEF;;AE''UTY CITY ATTORNEY .
!]PPROP
Maurice A. Ferre .
MAURICE.A. FERRE, MAYOR
•
FORM'AND CORRECTNESS:
LUCIA A. DOUGNERTY
CITY ATTORNEY ' -
•
10032
STATE OF FLOSRIDA )
COUNTY OF DADE )
CITY OF MIAMI )
I, RATTY HIRAI. City' Clerk of the City of Miami,
Florida, and keeper of the 'records thereof, do hereby certify
that the attached and foregoing pages numbered 1 through 19,
inclusive; constitute a true and correct copy of a Resolution
passed and adopted by the City Commission at the meeting held on
the llth day of September, 1991.
SAID RESOLUTION WAS DESIGNATED AS RESOLUTION NO. 91-633.
IN WITNESS WHEREOF, I hereunto set my hand and impress
the Official Seal of the City of Miami, Florida this 31st day of
December, 1991.
MATTY HIRAI
City Clerk
Miami, Florida
(OFFICIAL SEAL)
?AK, VI Valr- vv•vrvp,.,....•
Appllcablery
The Project or Program to which the construction work covered by this
contract pertains 1s being assisted by the United Status of America and the
lollowing Federal Labor Standards Provisions are Included In this Contract
pursuant 10 the provisions applicable to such Federal assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics employed or work-
ing upon the site of the work (or under the United States Housing Act ol
1937 or under the Housing Act of 1949 In the construction or development
of the project), will be paid unconditionally and not less often than once a
week. and without subsequent deduction or rebate on any account (except
such''payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR Part 3), the lull amount
of wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained In the
wage determination of the Secretary of Labor which is attached hereto and
made a part hereof. regardless of any contractural relationship which may
be alleged to exist between the contractor and such laborers and
mechanics. Contributions made or costs reasonably anticipated for bona
. 11de fringe benefits under Section 1(b)(2) ol the Davis -Bacon Act on behalf
of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of 29 CFR-5.5(a)(1Xiv); also, regular
contributions made or costs Incurred for more than a weekly period (but
not less often Ulan quarterly) under plans. funds. or programs. which cover
the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in 29 CFR
Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classilication may be compensated at the rate specified for each classifica-
tion for the time actually worked therein: Provided. That the employer's pay-
roll records accurately set lorth the time spent In each classification In
which work is performed. The wage determination (including any additional
classification and wage rates conlormed under 29 CFR Part 5.5(a)(1}(ii) and
the Davis -Bacon poster (WH-1321) shall be posted at all times by the con-
tractor and Its subcontractors at the silo of the work In a prominent and
accessible, place where it can, be easily seen by the workers.
(II) (a) Any class of laborers or mechanics which is not listed in the
wage determination and which Is to be employed under the contract shall .
be classified in conformance with the wage determination. HUD shall .
approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met
(1) The work to be performed by the classilication requested Is not
performed by a classification In the wage determination; and
(2) The classification is utilized In the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe bene-
Iits, bears a reasonable relationship to the wage rates contained In the
wage determination.
(b) II the contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and HUD or its
designee agree on the classilication and wage rate (Including the amount
designated for fringe benefits where appropriate), a report of the action
taken shall be sent by HUD or its designee to the Administrator of the Wage
and Hour Division. Employment Standards Administration, U.S. Department
of Labor. Washington, D.C. 20210. The Administrator. or an authorized
representative. will approve. modify. or disapprove every additional classifi-
cation action within 30 days of receipt and so advise HUD or its designee
or will notify HUD or its designee within the 30-day period that additional
time is necessary. (Approved by the Office of Management and Budget
under OMB control number 1215-0140.)
(c) In the event the contractor. the laborers or mechanics to be
employed in the classilication or their representatives. and HUD or its
designee do not agree on the proposed classification and wage rate
(including the amount designated lor fringe benefits. where appropriate),
Previous Edition Obsolete
{
HUD or its designee shall refer the questions. including tie views of all
Interested parties and the recommendation of HUD or Its designee. to the
Administrator for determination. The Administrator; or an authorized repre-
sentative, will Issue a determinaton within 30 days of receipt and so advise
HUD or its designee or will notify HUD or Its designee within the 30-day
period that additional time is necessary. (Approved by the Office of Man-
agement and Budget under OMB Control Number t215-0140.)
(d) The wage rate (Including fringe benefits where appropriate)
determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall
be paid to all workers performing work in the classification under this con-
tract Irom the first day on which work is performed in the classification.
(111) Whenever the minimum wage rare prescribed In the contract for a
class of laborers or mechanics includes a fringe benefit which Is not
expressed as an hourly rate. the contractor shall either pay thebenefit as
staled In the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(Iv) II the contractor does not make payments to a trustee or other third
person. the contractor may consider as part ol the wages of any laborer or
mechanic the amount of any costs reasonably anticipated In providing
bona fide fringe benefits under a plan or program, Provided. That the
Secretary of Labor has found, upon the written request ol the contractor,
that the applicable standards of the Davis -Bacon Act have been met The
Secretary'ol Labor may requite the contractor 10 set aside in a separate
account assets lor the meeting of obligations under the plan or program.
(Approved by the (llice el Management and Budget under OMB Control
Number 1215-0140.)
2. Withholding. HUD or Its designee shall upon its own action or upon
written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the contractor under this contract or
any other Federal contract with the same prime contractor. or any other
Federally -assisted contract subject to Davis -Bacon prevailing wage
requirements. which is held by the same prime contractor so much of the
accrued payments or advances as may be considered necessary to pay
laborers and mechanics. Including apprentices. trainees and helpers.
employed by the contractor or any subcoi..•actor the full amount of wages
required by the contract In the event of lailure to pay any laborer or
mechanic. Including any apprentice. trainee or helper. employed or working
on the site of the work tor under the United States Housing Act of 1937 or
under the Housing Act of 1949 In the construction or development of the
project). all or part of the wages required by the contract. HUD or its desig-
nee may, after written notice to the contractor. sponsor. applicant or owner.
take such action as may be necessary to cause the suspension of any
further payment. advance, or guarantee o1 funds until such violations have
ceased. HUD or its designee may, alter written notice to the contractor, dis-
burse such amounts withheld for and on account of the contractor or sub -
,contractor to the respective employees to whom they are due. The Comp-
troller General shall make such disbursements in the case of direct
Davis -Bacon Act. contracts.
3. (1) Payrolls and basic records. Payrolls and basic records relating
thereto shall, be maintained by the contractor during the course of the work
preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States
Housing Act ol 1937. or under the Housing Act o1 1949, in the construction
or'developtnenl of the project). Such records shall contain the name.
address, and social security number ol each such worker. his or her cor-
rect classilication. hourly rates of wages paid (including rates of contribu-
lions or costs anticipated for bona fide fringe benefits or cash equivalents
ihereof of the types described in Section 1(b)(2)(B) of the Davis-b. con Act),
'deity and weekly number of hours worked. deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5
(a)(1)(I4Ihat the wages ol any laborer or mechanic Include the amount of
any costs reasonably anticipated in providing benefits under a plan or pro-
gram described in Section 1(b)(2)(B) of the Davis -Bacon Act. the contractor
shall maintain records which show thal the commitment to provide such
HUD-4010 (2.04)
HD 1344 1)
benefits Is enforceable. that the plan or program Is financially responsible,
and lhnt the plan or program has been communicated In writing to the
laborers or mechanics affected, and records which show the costs angel- .
paled or the actual cost incurred In providing such benefits. Contractors
employing apprentices or trainees under approved programs stall maintain
written evidence of the registration of apprenticeship programs and certifi-
cation of trainee programs, the registration of the apprentices and trainees,
and the ratios and wage rates prescribed In the applicable programs.
(Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.) •
(li) (a) The contractor stall submit weekly for each week In which any
contract work is performed a copy of all payrolls to HUD or its designee if
the agency is a parry to the contract, but if the agency is not such a party.
the contractor will submit the payrolls to the applicant, sponsor, or owner,
es the case may be, for transmission to HUD or Its designee. The payrolls
submitted shall set out accurately and completely all of the information,
required to be maintained under 29 CFR Pan 5,5(a)(3)(I). This information
may be submitted In any form desired. Optional Form WH-347 Is available
for this purpose and may be purchased from the Superintendent of Docu-
ments (Federal Stock Number 029-005-00014-1), U.S. Govemment Printing
Office, Washington, DC. 20402. The prime contractor Is responsible tor the
submission of copies of payrolls by all subcontractors. (Approved by the
Office of Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a "Statement of
Compliance;' signed by the contractor or subcontractor or his or her agent
who pays or supervises the payment of the persons employed under the
contract and shall certify the following:
(1) That the payroll for the payroll period contains the rnlormation
required to be maintained under 29 CFR Part 5.5 (a)(3)(1) and that such
information Is correct and complete;
(2) That each laborer or mechanic (including each helper,
apprentice. and trainee) employed on the contract during the payroll period
has been paid the lull weekly wages earned. without rebate, either directly
or indirectly, and that no deductions have been made either directly or Indi-
rectly from the lull wages earned, other than permissable deductions as set
forth in 29 CFR Part 3:
(3) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or cash equivalents for the cies-
sication of work performed. as specified in the applicable wage determina-
tion incorporated Into the Contract l
(c) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisy the ,
requirement for submission of the "Statement of Compliance" required by
paragraph A.3.(il)(b) of this section.
(d) The falsification of any of the above cenilications may subject the
contractor or subcontractor to civil or criminal prosecution under Section
1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(III) The contractor or subcontractor shall make the records required
under paragraph A.3.11) ol this section available for Inspection, copying, or
transcription by authorized representatives of HUD or its designee or the
Department of Labor, and ahail permit such representatives 10 interview
employees during working hours on the job. it the contractor or subcon-
tractor tails 10 submit the required records or 10 make them available. HUD
or its designee may. after written notice to the contractor. sponsor, appli-
cant. or owner. take such action as may be necessary to cause the sus-
pension of any further payment, advance, or guarantee of funds. Further-
more. failure to submit the required records upon request or 10 make such
records available may be grounds for debarment action pursuant to 29
CFR Par15.12.
4. (1) Apprentices and Trainees. Apprentices, Apprentices will be per-
mitted to work at Tess than the predetermined rate for the work they per-
formed when they are employed pursuant to and Individually registered in a
bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training. or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is
not individually registered In the program. but who has been certiliod by the
Bureau of Apprenticeship and Training or a Stale Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to Journeymen on the job site
In any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who Is not registered
or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any apprentice performing work on
the Job site In excess of the ratio permitted under the registered program
shall be paid not less, than the applicable wage rate on the wage determl-
nation for the work actually performed Where a contractor Is performing
construction on a protect in a locality other than that In which Its program is
registered, the ratios and wage rases (expressed in percentages of the Jour-
neyman's hourly rate) specified in the contractor's or subcontractor's regis-
tered program shall be observed. Every appranctice must be paid at not
less than the rate specified In the registered program tor the apprentice's
level of progress, expressed as a percentage of the (oumeymen hourly rale
specified In the applicable wage determination. Apprentices shall be paid
fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice
classification. fringes shall be paid in accordance with that determination. In
the event the Bureau of Apprenticeship and Training, or a State Appren-
ticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program. the contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(II) Trainees. Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate lor the work per-
formed unless they are employed pursuant to and individually registered in
a program which has received prior approval, evidenced by formal certifi-
cation by the U.S. Department of Labor. Employment and Training Admini-
stration. The ratio of trainees to )ourneymen on the lob site shall not be
greater than permitted under the plan approved by the Employment and
Training Administration. Every trainee must be paid at not Tess than the rate
specified in the approved program for the trainee's level of progress.
expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination. Trainees shall be paid fringe benefits in
accordance with the provisions of the trainee program. II the trainee pro-
gram does not mention fringe benefits, trainees shall be paid the lull
amount of fringe benefits lisled on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than lull
(Tinge benefits lor apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating In a training plan
approved by the Employment and Training Administration shall be paid not
less than the applicable wage rate on the wage determination for the work
actually performed, In addition, any trainee performing work on the job site
in excess ol the ratio permitted under the registered program shall be paid
not less than the applicable wage rate on the wage determination for the
work actually performed. in the event the Employment and Training Admrn-
Istration withdraws approval of a (raining program. the contractor wall no
longer be permitted to utilize Trainees al less than the applicable predeter-
mined rate for the work performed until an acceptable program is
approved.
(Ili) Equal employment opportunity. The utilization of apprentices.
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended. and 29 CFR Pan 30,
5. Compliance with Copeland Act requirements, The contractor shall
comply with the requirements of 29 CFR Pan 3 which are Incorporated by
reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any sub-
contracts the clauses contained In 29 CFR 5.5(a)(t) through (10) and such
other clauses as HUD or its designee may by appropriate instructions •
require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by arty subcontractor or lowertier subcon-
tractor with all the contract clauses in 29 CFR Part 5.5.
HUD-4010 (2.84)
7. Contract. lermknatlon; debarment A broach of th ,tract;clauses'In'~
29 CFR 5.5 may be grounds for termination o1 the contract and for debar-
ment as a contractor and a subcontractor as provided In 29 CFR 5.12.
E. Compliance with Davis -Bacon and Related Act Requirements. All rul-
ings and Interpretations of the Davis -Bacon and Related Acts contained In
29 CFR Parts 1, 3, and 5 are heroin incorporated by reference in this
contract.
9. Disputes concerning labor standards. Disputes arising out of the labor
standards provisions of thls contract shall not be subject to the general
disputes clause of this contract Such dlspules shall be resolved in accor-
dance with the procedures of the Department of Labor set forth in 29 CFR
Parts 5, 8, and 7. Disputes within the meaning of this clause Include dis-
putes between the contractor (or any of Its subcontractors) and HUD or Its
designee, the U.S. Department of tabor, or the employees or their
representatives.
10. () Ciliate -aeon of EltglblHty. By entering Into this contract. the con-
tractor certifies that neither It (nor he or she) nor any person or firm who
has an Interest In the contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(ax1) or to be awarded HUD contracts or partici-
pate In HUD programs pursuant to 24 CFR Part 24.
(It) No part of this contract shall be subcontracted to any person or firm
ineligible for award of a Govemment contract by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(ax1) or to be awarded HUD contracts
or participate In HUD programs pursuant to 24 CFR Part 24.
(ill) The penalty for making false statements Is prescribed in the U.S.
Criminal Code. 18 U.S.C. 1001. Additionally, U.S. Crimnal Code. Section
1010. Title 18 , U.S.C., "Federal Housing Administration transactions", pro-
" vides In part "Whoever, for the purpose of. ..influencing In any way the
action of such Administration.... makes. utters or publishes any statement,
knowing the same to be false... shall be lined not more than S5.000 or
Imprisoned not more thantwo years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or
mechanic to whom the wage, salary, or other labor standards provisions of
this Contract are applicable shall be discharged or In any other manner
discriminated against by the Contractor or any subcontractor because such
employee has filed any complaint or instituted or caused to be Instituted
any proceeding or has testified or is about to testify In any proceeding
under or relating to the labor standards applicable under this Contract to,
his employer.
B Contract Work Hours and Safety Standards Act As used In this para-
graph, the terms "laborers" and "mechanics" Include watchmen and
guards.
(1) Ovartrne requk.ments, No contractor or subcontractor contracting
for any part of the contract work which may require or involve the employ-
ment of iaborers.or mechanics shall requireor permltany such laborer or
mechanic in any workweek In which he or she is employed on such work
to work in excess of IIMINIREMINEMMINNIIMM forty
hours In such workweek unless such laborer or mechanic receives com-
d
:pensatia"t:atolate,not lass uw
:pay for ail hours worked in exo... ol
forty hours In such workweek„MIUMMINSI
(2) Vlotation; liability for unpaid wages; Hqukialed damages. in the
event ol any violation of the clause set forth In subparagraph (1) of this
paragraph, the contractor and any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition, such contractor and subcon-
tractor shall be liable to the United States (in the case of work done under
contract for the District of Columbia or a territory. to such District or 10 such
territory), for liquidated damages. Such liquidated damages shall be com-
puted with respect to each individual laborer or mechanic. including
watchmen and guards. employed in violation of the clause set forth In sub-
paragraph (1) of this paragraph. In the sum of S10 for each calendar day on
which such individual was required or permitted to work In excess of sum
the standard workweek of forty hours without pay-
ment of the overtime wages required by the clause set forth In subpara-
graph 11) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its
designee shall upon its own action or upon written request of an autho-
rized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal
contract with the same prime contract. or any other Federally -assisted con-
tract subject to the Contract Work Hours and Safety Standards Act, which
is held by the same prime contractor such sums as may be determined la
be necessary to satisfy any liabilities ol such contractor or subcontractor
for unpaid wages and liquidated damages as provided In the clause set
forth in subparagraph (2) of this paragraph.
(4) Subcontracts._The contractor or subcontractor shall Insert to any
subcontracts the clauses set forth in subparagraph (1) through f4) ol this
paragraph and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontrac-
tor with the clauses set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings
or under working conditions which are unsanitary, hazardous. or danger-
ous to his health and safety as determined under construction safety and
health standards promulgated by the Secretary of Labor by regulation.
,(2) The Contractor shall comply with all regulations issued by the
Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 15181 and
failure to comply may result In Imposition of sanctions pursuant to the Con-
tract Work Hours and Safety Standards Act (Public Law 91-54. 63 Stat. 96).
(3) The Contractor shall Include the provisions of this Article in every
subcontract so that such provisions will be binding on each subcontractor.
The Contractor shall take such action with respect to any subcontract as
the Secretary o l Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
HUD-4010 12.84)
Instructions For Filing Monthly Employment Utilization Report (CC-257)—
Tho Monthly Utilization Iloport Is to bo complolod by each subject contractor (both prime end sub) arid slgnod by a
responsible official of the company. Tho reports are to bo filed by the 6Ih day of each month during Iho Corm of the contract,'
and they shall Include tho total work -hours for each employee classification In each !redo In the covered area for tho
monthly reporting period. Tho prime contractor shall submit a report for Its aggrogate work force and collect and submit
reports for each subcontractor's eggrogeto work force to the Fodoral compllanco agoncy Ihal has Executive Ordor 11248
responsibility. (Additional copies of this form may be obtained from Iho,U.S. Doperlmont of Labor, Employment Standards
Administration, OFCCP's regional office for your area.)
Compliance Agency
U.S. Govornm nt agoncy assigned rosponelblllly for equal
employment o�porlunity. ' (Secure this Information from tho
contracting officer.)
Fedora) Funding Agency U.S. 0ovornmont agency funding proJoct (In wholo or In part). If
morn than ono agoncy, list all.
• Contractor
Any contractor who has a construction contract with the U.S. Clov-
ernmont or a contract fundod In whole or In part with Fodoral
funds.
. Minority • Includes Blacks, Hispanics, American Indians, Alaskan Nativos,
and Asian and Pacific islanders —both men and women.
1. Covorod Area Googrephlc aroa Idontiflod In Notice roqulrod undor 41 CFI180-4.2.
2. Employer's Identification Number Fodoral Social Security Number usod on Employer's Quarterly
Fodoral Tax flolurn (U.S. Treasury Doparlmont Form 841).
. 3. Current Goals (Minority & Female) Soo contract Notification.
4. Iloporting Period Monthly, or as directed by the compllanco agency, beginning with
Iho offocllvo dato of tho contract.
8. Construction Trado Only, tiros° construction crafts which contractor omploys In Iho
covorod area.
8. Work -Hours of Employmont (a-o) •
a. Tho total numbor of male hours and tho total numbor of tomato
hours workod by employees In each classification.
b.-o. Tho total number of male hours and the total numbor of
tomato hours worked by each spoclflod group of minority
ernployoos Iri each classlflcation.
' Classification ' The lovol of accompllshmont or status of the workor In tho Irado
(Journey Worker, Appronlico, Trainee)
7. Minority Percontago
The porcontego of total minority work -hours of all work -hours (tho
sum of columns eb, 8c, ed, end 8o divided by column ea; Just ono
figure for each construction !redo). •
8. Fomalo Percentage . For oach Irado the numbor roportod In 8a. F divided by tho sum of
the numbers roportod In Ga. M end F:
8. Total Numbor of Employoos
Total numbor of malo and total numbor of female omployoos work-
ing In each classification of each Irado In the contractor's aggro-
galo work force during reporting porlod.
10. Total Number of Minority Employees
'Total numbor of malo minority omployoos end total numbor of
famato minority omployoos working In each classification In each
trod° In tho contractor's aggregate work forco during reporting
•
porlod.
Monthly Employment Utilization Report
U.S. Department of Labor
Employment Standards Administration, OFCCP
This report is required by'Executive Order 11214, Sec 203- Failure to report can result in contracts
being cancelled, terminated or suspenoed in whole or in part and the contractor may be declared
inelioitile tor further Government contracts of teoerali assisted construction contracts
1. Covered Area (SMSA or EA)
2. Employers LD. No.
Oiatts Iva i215-01E3
Fires: O ..B3
Z. Current Goals
Minority
4. Reporting Period
From
_
Name and Lotion of Corm -actor
.
- •
Federal
Funxiing
Agency
Female
To
2
E. Work Hours of Employment (Federal I.Nort-Federal)
3
10. _
Total Number
of Minority
Employees
nstn.clion
•
•
6z
Total A11
Employees
By Trade
6b.
Black ••
(Not of Hispanic
Origin)
6c.
•
Hispanic
Bd.
Asian rx
Pacific
Islander
6e.
American •
Indian or
Alaskan Native
7.
Minority
8
Female
Total
Number of
Employees
,ade
Ciessifiations
11 1 F
M I F
14
F
LI 1 F
M 1 F
Percentage
Percentage
M 1 F
M I F
Journey Worker
I
I
I
I
<
I
Apprentice
I
1
1
I
I
I
Trainee
1
I
1•
I
I
I
l
�'t�,<' k%L`�'" r-��'i(v"y�'....��
_a;4ar +•u v
�y,�
.• £�
?I ` :<:.,
k,i
"mo
cCr':^-.-,��"�a,.��''>
>:.:,..,
-•'�:.
3.a.. ,25 w.;«-•.
`�1..>'�°)..
r,_�
'��
::.^e... "'-•e'e*,,,i." : ;
r,; •;-.'_
,f,•
Sub -Total
' ;: • "S..,'-`��i
„<r:: c ✓g
.:,.�<� ,.. r .`K7'.`^-"Lv.
:y..
.; �r.Lr
..:.v:F':v���'::!P'�%::i�:.�•7eSe`
rPo't�
W<(- 4
..i- w:
�����
�1fs
s�.�(.`..� n..
--
7�<..s't.�%�•`'
?°'. rv.,:
,.
.; X' ', [:
,•r
'
Journey Worker
. 1
-1
1
I
I
I
I1
Apprentice
1 i
1
-
J
I
.
I
}'
I
Trainee
(
I 1
1
i 1
i
I
.e.„ ,.v«
..a-
>:: .,.e''.::�Sr•1..;y:...,
7dC '.:""ice:,
�•�
_.1
'�-.:
,p� <��Ci,
2^ "yam,,.
'
'>....... K'tl
'S--
.�..-
.eT ...,' !�
-' M1s•y
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. •��.y! ;i�:
�~,
�'` ar,
. ' _ n
GF~•`
v ,,:'. � `-r
ems.. �,.r
S tt Crce..
< , R
Sub -Total
•
,-,
-`4t?'`-'�
/
.
�. -
1
•
u y worker
1
i
I
= j
----._,:
- ----
•
Apprentice
j
I
I
Trainee
I
I
1
I
'':
-:.`n.SL!
t
Sub otal
•-^:u;v;.'::;;- --
p.i.f..:.:.:4.- . . .....
.,,,�;� <::-, r°.' ..`a
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v \J sC..c •::.:. -.';'
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i .J4
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3- cK•
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a `x ?x"'x''-
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f. �}��,-`?�
tsk,„=
- s- y��f>i�''
s '�
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:rd+;r
vzr-
S •r1N
T1.
� �� o
_
...�.. a:.'^-�''i?",t..
:. �": ""C:.,?.
2 a ` :il`
.._. .;
\, o v�
tFCT '
I
•
Journey Worker
I
1
I
I
Apprentice
I
I
I
I
Trainee
1
I
I
I
I
1
Sub —Total
,,,•:.,-.,..;*,, ay..
YYi ..
-c-w� ... '..
1�;i� �Y^!�i
:'. _ `:. ..
�7.� tC'W�,^�Y`i,
�
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1y'4T w/
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li.,..!4^vf J•'fr<':•in,1t.P.K•.i•�-ii9m"<viF�..
'-.y�i:• 1
Journey Worker
1
i
1 -
I
'
Apprentice
1
i
I
1
Trainee
1
Suir7otal
-<f `�•,^`n'\�v. x.?K+Y�I.:S K
i%:;ix.. Q'.;f . ::: •: -' .•,-*.i:ff •°e.r&•. g,;:;
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„ .;,,,.:'`i. `�,- .. �,..r.�,•
u^1\.. +> +L. �>� W`:.; ..:Mtv.,. '�
Ny ' ')yw`\.
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�`
.. _ j>
, G�MM;d,.K... -
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.. �^...-. .. K.:+."
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,
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•X• :.-i1�v - -
J�;!n-`Y.:��
Total Journey Workers
A.!v:...t
. .....,. .�<':F�.:/:�+v.--.w•
•
..
fv
I
•
'
Total Apprentices
1,
1
Total Trainees
If
i 1
Total
•.,.+..-n�..:...,..;::: .`.:...<:.':.... ....�..`.L1
a+:.h.6<:�;':.K,:�<s-,.-.>,�/.^'.v .:<:a
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e.
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11. Company Official's Signature and Title • '
•
12. Telephone Number
(include area code) •
13. Date Signed
- -
Page
of
Form CC-257
Rev: DDe . 1985
U.S.. DEPARTMENT OF LABOR
WAGE AND HOUR DIVISION
PAYROLL
(For Contractor's Optional Use; See InstruCtion, Form WH-347 Inst.)
•••
. . .
• •
Form ARomeeZ
O.RgH Durum_ N. 44-R1093
NAME OF CONTRACTOR 0 OR SUBCONTRACTOR
. •
•
ADDRESS •
•
-- .
•
- '
.
-
PATRCLL HO. -
I FOR WEEK ENDING
1
PROJECT AND Loocrion
•
1 PROJETTT OR CONTRACT NO.
(1)
NAME, ADDRESS. AND
SOCIAL SECURITY NUMBER
OF EMPLOYEE
1•73,..
3:6:
, B..-
es -
E-
.6 o...
j
.
5
Do
WORK
CLASSIFICATION
I Z
'
°
o
OD D DAY ANDATE
(6)
(6)
RATE
OF PAY
(7)
GROSS
AMOUNT
EARNED
•
(8)
DEDUCTIONS
NET
I I 1 I 1 1
111111
TOTAL
HOURS
FICA
WITH.
MOLDING
TAX
. °THER
TOTAL
DEDUCTIOnS
wAGE5
PAID
FOR WEE(
HOURS WORK = EACH DAY
0
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FORM wH-347 (1/61!) - FORMERLY soL.1s4--PURCHASE.THIS FORM DIRECTLY FROM THE: SUPT. OF DOCUMENTS
— Date
r,-
(Noma of signatory parry)
do hereby state: -
(1) That 1 pay or supervise the payment of the persons employed by
contract have been or will be made to appropriate programs for the benefit of such -
employees, except as noted in Section 4(c) below.- -
(b) WHERE FRINGE BENEFITS ARE PAID IN CASH
—Each laborer or mechanic listed in the above referenced payroll has been paid. as .
indicated on the payroll, an amount not less than the sum of the applicable basic
hourly wage rate plus the amount of the required fringe benefits as listed in the
contract, except as noted in Section 4(c) below.
on the
(Contractor er subcontractor) (9u1161ng or work) (C) E7CCEF770NS
• that during the payroll period commencing on the
day of 19_. and ending the day of 19 ,
all persons employed on said project have been paid the full weekly wages earned. that no rebates
have been or will be made either directly or indirectly to or on behalf of said
(Contractor or tuocontractan
from the full
weekly wages earned by any parson and that no deductions have been made either directly or
indirectly from the full wages earned by any person, other than permissible deductions as defined
in Regulations. Part 3 (29 CFR Sub'bCe A), issued by the Secretary of Labor under the Copeland
Act as amended (48 StaL 948. 63 Stat 108. 72 Stat. 967; 76 Stat 357; 40 U.S.C. 276c), and de-
scribed below:
(2) That any payrolls ctherwise under this contract required to be submitted for the above
period are correct and complete; that the wage rates for laborers or mechanic contained therein
are not les than the applicable wage rates contained in any wage determination Incorporated into
the contract nettle classifications set forth.therein• for each laborer or mechanic conform with the
work he performed.
(3) That any apprentices employed in the above period are duty registered in a bona fide
apprenticeship program registered with a- State apprenticeship agency recognized by the Bureau _
of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency
exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Depart-
ment of Labor. --
(4) That '-"
(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
- • —In addition to the basic hourly wage rates paid to earn laborer or mechanic
listed in the above referenced payroll, payments of fringe benefits as listed in the
EXCEPTION (CRAFT) EXPLANATION
REMARILS
NAME ANO TITLE
SIGNATURE
THE WILFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR
OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1031 OF TITLE la AND
SECTION 231 OF TITLE 31 OF THE UNITES) STARES CODE
awe A6-111--t21m-t 9-]act
CITY O1' MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
FIRST SOURCE AGREEMENT
THIS Agreement entered into this day of • by
and between the City of Miami, a municipal corporation of the State of
Florida, hereinafter referred to as the "CITY" and
, hereinafter referred to as "EMPLOYER".
RECITAL
WHEREAS, the CITY wishes to assure continuing employment opportunities for
participants of the City of Miami Neighborhoods Jobs Program and other
residents as the primary beneficiaries, with employers located within the
City of Miami; and
WHEREAS, the EMPLOYER wishes to use the CITY as a first source for
recruitment, screening, referral and placement of employees in entry level
positions during
(the "Project") .
NOW THEREFORE, in consideration of the mutual covenants as expressed in
this Agreement, the parties hereto 'agree applicable solely to the Project,
as follows:
I. TERM:
This Agreement shall take effect- upon execution by the parties
below and shall continue in full force and effect during such time
as the Project is under construction by the EMPLOYER (in no event
extending beyond thedate of substantial completion), unless
sooner terminated as may be provided hereinafter.
I I . OBLIGATIONS OF PARTIES:
A. RECRUITMENT:
1. The CITY and EMPLOYER agree that for purposes of this
Agreement, "covered positions" include all EMPLOYER's job
openings created as a result of expansion of EMPLOYER's
work force, within the job classifications enumerated in
Attachment "A".
2. AL least three (3) working days prior to the anticipated
hiring dates, the EMPLOYER will notify the CITY O1' its
needs for new employees in covered positions.
3. For covered positions, notification to the CITY shall
include, but need not be limited Lo, the number of
employees needed by job title, hiring dates, length of
-.1-
training, rates of pay, hours of work, anticipated
duration of employment, work Lo be performed, and job
skills required by these positions. Ifi order for the CITY
to determine whether people meet the EMPLOYER's personnel
needs, job descriptions', including minimum and objective
terms shall be furnished as soon as reasonable possible
and in advance of EMPLOYER's need for people on the job in
the applicable. capacities.
4. The EMPLOYER will also give the CITY reasonable advance
written notification of all position vacancies whicli are
not "covered positions". Such notification shall include
qualifications, the rate of pay, the anticipated hiring
dates, and the dates by which. the CITY must refer
qualified applicants ..Lo the EMPLOYER for management,
technical and professional vacancies (all of which are not
covered positions). As to all positions which are not
covered positions, .theIiMPLOYER will process applications
from qualified applicants referred by the CITY in the same
manner that the EMPLOYER processes applications from other
qualified applicants, but the EMPLOYER is not bound to
hire, and does not guarantee to hire, the applicants
referred by the CITY.
5. Job openings to be filled by internal promotion from the
EMPLOYER's local work, force need not be referred to the
CITY for placement and, referral.
6. The EMPLOYER will provide the CITY with written
document -at -ion that the EMPLOYER HAS provided the
representative of any involved collective bargaining unit
with a copy of this Agreement and has requested comments
or objections. If the representative has ' any comments or
objections, the EMPLOYER will provide them to the CITY and
the CITY will endeavor to cooperate with and/or oblige the
comments or objections so that any collective bargaining
agreements will not be required'to be violated through
compliance herewith.
B. SCREENING AND ItEFERItAL:
1. The CITY will screen applicants according to the
qualifications submitted by. the EMPLOYER.
2. 'I'he CITY will refer eligible job applicants Lo the
EMPLOYER in response to the notification of need for new
employees described in Section II above.
3. The CITY will notify the EMPLOYER in writing no later than
three (3) working days prior to the anticipated hiring
date of the number of -applicants the CITY will refer. The
CITY will make every, effort to refer at least three (3)
qualified persons for each job opening.
-2-
4. In the event the CITY cannot refer the total number of
qualified personnel requested, the EMPLOYER will be free
to directly fill remaining positions for which no
qualified applicants have been referred. In this event,
the EMPLOYER will make a reasonable effort to hire
economically disadvantages of the community, but does not
guarantee: such hiring.
C. PLACEMENT:
•
1. The EMPLOYER will make all decisions on Hiring new
employees but will' select its employees for covered
positions from among the qualified persons referrer] by the
CITY unless excused as elsewhere provided herein.
2. The CI'i'Y will track job retention of employees placed
under this Agreement for at least thirty (30) days
following completingof subsidized on-the-job training.
The EMPLOYER agrees to cooperate in the CITY's follow-up
efforts.
3. After the EMPLOYER has selected and hired employees, the
CITY will not be responsible for the employees' actions
and the EMPLOYER releases the CITY from any liability for
their actions. The employees will be members of
EMPLOYER's work force, subject to the same rules,
regulations and requirements as are applicable to others
employed by EMPLOYER in like positions, and subject to
dismissal in accordance with the EMPLOYER'S normal
procedures for failure to properly abide by the rules,
regulations and job"requirements.
D. 'TRAINING:
i •
1. The CITY and the EMPLOYER may develop on-the-job training
agreements. In said event, selected trainees must meet
the eligibility criteria for such programs. The training
specifications and costs for such training will be
mutually agreed upon in writing by the EMPLOYER and the
CITY, and will become part of this Agreement.
2. If the EMPLOYER otherwise regularly provides routine on-
the-job training, then the EMPLOYER will not discontinue
providing routine on-the-job training because of this
Agreement.
E. REIMBURSEMENT FOR CERTAIN WAGES AND TRAINING COSTS:
1. The CITY will reimburse EMPLOYER up to fifty (50%) percent
of the total wages paid while the employees are actively
involved in on-the-job training as specified in Section
II.1).
-3-
1"
2. The CITY will reimburse the EMPLOYER for training costs,
as mutually agreed upon in Section II.D.
3. '1'he EMPLOYER agrees to submit on a monthly basis
documentation (i.e., Limesheet/timecard), that will verify
the actual hours on on-the-job training provided.
4. '1'he EMPLOYER will insure' LhaL requests for reimbursement
will not exceed those costs mutually agreed upon in this
Section and Section 1I.1.).
5. The CITY will provide reimbursement for the above costs as
per documentation submitted by the EMPLOYER.
6. The form of requisitions for reimbursement, and
identification of required supporting data Lo be used by
EMPLOYER will be mutually agreed upon between the CITY and
Lhe EMPLOYER.
7. Any payments by the CITY to the EMPLOYER hereunder are in
addition to, and not in reduction of, the contract price
which is to be paid by Lhe CITY to the EMPLOYER for
Federal Targeted jobs, Tax Credits, State Tax Credits for
New Jobs and State 'Fax Credits for New or Expanded
Businesses, as appropriate.
III. EMPLOYER'S SUBCONTRACTORS:
A. The provisions hereof shall also be applicable to the
EMPLOYER's Subcontractors, all to the end that such
Subcontractors shall also be required to comply- herewith to
the fullest extent possible in the exercise of such
Subcontractor's e:nploynient practices.
IV. CONTROLLING REGULATIONS AND LAWS:
A. If this Agreement conflicts with any labor laws or other
.governmental regulations, the laws or regulations shall
prevail..
B. If this Agreement conflicts with a collective bargaining
agreement to which the EMPLOYER or any Subcontractor is a
party, the bargaining agreement shall prevail.
C. This Agreement shall be governed by the laws of the State of
Florida.
__4-
V. NONDISCRIMINATION:
A. The EMPLOYER and its Subcontractors will not discriminate
against any applicant for employment because of race,
religion, age, handicap., color, sex, national origin,
citizenship, or political affiliation, but the foregoing shall
not be construed as having been violated by the LMPLOYL'R's
endeavor to comply with any minority hiring requirements of
the Construction Agreement with the
CITY.
VI INDEPENDENT CONTRACTORS:
A. EMPLOYER and its employees and agents shall be deemed to be
independent- contractors, and no.t- agents or employees of the
CITY, and shall not obtain any rights or benefits under the
Civil Service or Pension. Ordinances of CITY, or any rights
generally afforded classified or unclassified employees;
further they shall not be deemed entitled to the Florida
Workers Compensatio►i benefits as employees of the CITY.
VII. 'TERMINATION:
A. The CITY ►nay terminate this Agreement at any time without
cause upon thirty (30) days' written notificatio►► to EMPLOYER.
13. The EMPLOYER may terminate this Agreement at any time by
thirty (30) days' written notification if, for reasons the
EMPLOYER does not cause, the EMPLOYER finds it impossible to
perform as specified in this Agreement and modification of
this Agreement could not eli-minat•e the reasons for which the
EMPLOYER finds it impossible to perform.
C. Upon termination as set forth i►► Section V1I.A. or Section
VII.13. above, the CITY and the EMPLOYER shall be released from
any and all obligations hereunder.
VI I I . DEFAULT 13Y CONTRACTOR:
A. In the event that the EMPLOYER wilfully fails to comply with
any substantial covenant hereof, which default continues after
ten (10) days' written notice of default delivered by the CITY
to the EMPLOYER, then the CITY, in its sole option, may impose
any sanctions against EMPLOYER as provided in the Construction
Agreement between them. If any
Subcontractor fails to comply herewith, even though such
failure may be a default under the Subcontract which would
entitle the EMPLOYER to cancel or otherwise enforce such
Subcontract, such default will not be treated as default under
this Section VII.A. entitling the CITY to take action against
the EMPLOYER as long as the EMPLOYER can demonstrate that it
has exercised reasonable diligence and good faith in
attempti►►g to cause such Subcontractor to comply herewith.
-5-
IX. AMENDMENTS:
A. No amendments to this Agreement shall be bidding on either
Party unless i►► writing and signed by botl► ParLles.
X. NOTICES:
A. All notices or other communications wl►ich shall or may be
given pursuant to this Agreement shall be in writing and shall
be delivered by personal .,service, or by registered r►►ail
addressed L-o the other Party aL Llie address indicated herein
or as the saute may be clanged from time to Lime. Such notice
shall be dee►ned givers on Lhe day on which personally served;
or, if by mail, or► Lhe fifth day after being posted or the
date actually received, whichever is earlier.
CI'I'Y OF MIAMI/ADDRESS:
Department of Community Development
1153 N.W. 11 Street
Miami, Florida 33136
XI. ENTIRE AGREEMENT:
A. This Instrument and it•s attachments constitute the sole and
only agreement of the Parties hereto and correctly set forth
the rights, duties, and obligations or each to the other an of
each date. Any prior agreements, promises, negotiation, or
representations regarding Lhe subject (natter hereot not:
expressly set forth iii this Agreement are of no force or
effect.
IN WITNESS WHEREOF, the Parties hereto have caused this InsLruthenL• to be
executed by the respective officials LhereunLo duly authorized, this Lhe
day and year first above written.
City of Miaini a Municipal Corporation
ATTEST: of the slIaLe of Florida
By: 13y:
Malty Hirai Cesar 11. Odlo
City Clerk City Manager
ATTEST:
Corporation
By: 11y :
, a Florida
Corporation Secretary President
Approved as to Form and Correctness:
A: Quinn Jones
City• ALLor.ney
-6-
J-00-1153
1/12/89
ORDINANCE NO. 10538.
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED
"FINANCE", OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED,:BY REDEFINING TIIE TERM
"MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISE,
AND DEFINING TIIE TERM "VENDOR" IN
SECTION 18-68; REQUIRING IN SECTION 18-72
TIIAT TIIE GOAL OF AWARDING AT LEAST FIFTY-ONE
PERCENT (51%) OF TIIE CITY'S TOTAL ANNUAL
DOLLAR VOLUME OF ALL PROCUREMENT EXPENDITURES
TO MINORITY/WOMEN SMALL BUSINESSES BE APPLIED
TO ALL CITY OF MIAMI BIDS AND CONTRACTS;
REVISING SECTION 18-73 TO •PROVIDE TILAT ALL
CITY OF MIAMI INVITATIONS, REQUESTS AND/OR
ADVERTISEMENTS FOR 13IDS, PROPOSALS, QUOTES,
LETTERS OF INTEREST AND/OR QUALIFICATION
STATEMENTS CONTAIN THE APPROVED
MINORITY/WOMEN BUSINESS ENTERPRISE (M/WBE)
PARTICIPATION REQUIREMENTS PURSUANT TO CITY
OF MIAMI ORDINANCE NO. 10062 - MINORITY/WOMEN
BUSINESS AFFAIRS AND PROCUREMENT PROGRAM;
REQUIRING TIIAT ALL RESULTING AWARD AND/OR
CONTRACT DOCUMENTS 'CONTAIN THE REQUIRED
COMPLIANCE FORMS RELATIVE THERETO; REVISING
SECTION 18-73(5) TO EXPAND UPON TIIE
AFFIRMATIVE ACTION REQUIREMENTS FOR ALL CITY
BIDS AND CONTRACTS; ADDING SECTION 18-76
AUTHORIZING ADMINISTRATIVE DEPARTMENTS TO
ESTABLISH THE REQUIRED ADMINISTRATIVE
PROCEDURES TO INSURE COMPLIANCE WITH TIIE
CODE; FURTIIER, PROVIDING FOR RESOLUTION OF
DISPUTES REGARDING 1WITIUIELD PAYMENTS OF
CONTRACTORS AND SUBCONTRACTORS AND FURTHER
ADDING SECTION 18-77 DESIGNATING TIIE DIRECTOR
OF THE OFFICE OF M/WBE AFFAIRS AS TIIE CITY
OFFICIAL RESPONSIBLE. FOR ESTABLISHINIG AND
IMPLEMENTING M/WBE' BID AND CONTRACT
PARTICIPATION REQUIREMENTS, COMPLIANCE
GUIDELINES, AND MONITORING AND REPORTING
PROCEDURES; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
WHEREAS, Ordinance No. 10062 dealing with Minority/Women
Business Affairs and Procurement established the annual goal of
procuring/contracting fifty-one percent (51%) with minority/women
owned and managed business enterprises; and
WHEREAS, Administrative Policy Manual 4-86 (APM 4-06),
issued October 1, 190G, provides for the administrative
implementation of Ordinance No. 10062; and
WHEREAS, it has been determined that there is further need
for 'legislative relief to obtain said goals, particularly as it
1.0538
relates to the City's bid, proposal and contract process and the
resulting documents on a bid/contract by bid/contract basis to
achieve the annual goals;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 18-68, is hereby amended in the
following particulars.1
"Sec. 18-68. Definitions.
For the purpose of this article, the following
terms, phrases, words, and their derivations shall have
the following meanings:
*
*
Minority and women -owned small business enterprise
means a business enterprise in which at least fifty-one
percent (51%) of said enterprise is owned by Blacks,
Hispanics or Women whose management and daily business
operations are controlled by, one or more Blacks,
Hispanics or Women and who employ a maximum of twenty-
five (25) employees or _have a net worth not in excess
of two million dollars."
*
Vendor means any business entity providing goods,
services or equipment to the City of Miami through a
purchase., field or blanket order or contract."
Section 2. Section 18-72(a), is hereby amended -by adding
the following language:
(a)
The objective of the City'is to achieve a goal of
awarding a minimum of fifty-one percent (51%) of
the total annual dollar voldme of all procurement
expenditures to Black, hispanic and Women -owned
small business enterprises to be apportioned as
follows:
Seventeen percent (17%)' to Blacks, seventeen
percent (17%) to Hispanics and seventeen percent
(17%) to women; Bch goal shall be applied to all
city bids and contracts."
Section 3. Section 18-73 is hereby amended by adding the
following language:
"sec, 18-73, Required statejents for solicitations or.
notices: required statements on.contracts
and awards.
a, It shall. be maac(atoa;y for fi11_City solicitations
or notices invitinc: bias. proposals. quotes.
.letter_s____Jaf interest and/or qualifications, 14
contain the approved requirements for M/WBE
1
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate omitted and unchanged
material.
I nS'1R
partic�p�tiot�_a_nd to_jave these reg4izementa
i.ncorpo_ratesl by_x 1. x?I�ce.�ilj9nQ witt�tl�
l r _ualon of the approptiate conipliang_g form
in'�o�jle resuilla _c_ontxa9ts aad/or_hjd_ award
do_g_unnts, The City _of_M.iarnJ ' toe of
MinQr.i._ty/Women Bus.i sS Mi.3ixs is to be consulted
prior to the spuance Q.f any *ILO ac vertisementa
Q p] citaJ&JiL _Q e DurposgLJ/f dtetermiiLLng
the recommenlJad_gQ. 1 $J sr set=asidQs ' to be
inclusfed. tend ag itL pd.Qx—Jo the $kuiInu of
re"sultiog contra s/bid awards fox —the purpose of
verifvl,Lrg compliance h etp_
b It shall be 'mandatory for all City contracts
and/or procurement award documents to contain the
following:
*
*
(5) A requirement that each bidder, proposer, or
vertu, submit along with the bid or proposal an
affirmative action plan (AAP). Any significant
equity participants,, joint venture participants,
subcontractors, suppliers or other parties to the
bid or proposal shall also be required to submit
such plans.
T _Qbiective oi_the require that
bidWgrs, proposers, and vend,Qrs doing business
with the City Qtiia nitake cert_a.i�actions
Eke sign_e_d_to_as_sure QQ1tit1b2._e_P_aX_ti.G/P_atri.9i _ol.
➢lacomen in their 1i Ana and
promotion__activiths_ In view of this o ective:
(i) All City ve_Ddoxs aPS1 Fontractors shall
implement eA�ci g_afti.rniative action QLobs
�s approved by_tti Tractor of the 0. f ice
/1/.1F fin 1`pan_d s_hall_densin rate a good
Il�f�9x��Q e_n ployment
poPuttinitieksa__Ltispclcs and Women
9n each purchas_e orcontrac_t._i_ye_o_d s_ansi
p.Qa raQtolrs__shAll___ Jun?nt these efforts
fully and shall_ _provide reports as maybe
;eauired by the Cie
Vendors and contrac=l_ahall mffilt acceia
to their books, records and accoutres by the
911ice o al/WBq_a_f1s lr— ]Ier designee for
the purpose Q_finvest gat_ion to ascertain
pojnpj.iance_wit�i the f xe.go1ng requirements.
(il.i l In the eve tat_y_eall r or (2131Las.19X .2
1>Qaic_QmpliatlQ_Q w th. t_119 _a Kmative actLQt1
requirements of this s?QtIsu, tbe City
Manager may stspend in whole or part. cancel
or terutinate_thP_b d or contract�wa d an or
impose Q II9.r__Am Ions as may be determined
1p be aogrop late,.
* *n
Section 4. The following new Section 10-76 is added in its
entirety:
"Sec. 10-76. Administrative Procedures.
The Departments of Finance, Public Works and General
Services Administration are authorized to establish the
required administrative procedures to insure compliance
with the provisions as set forth herein.
1n la
The Finance Department' is mandated to institute payment
procedures which will insure, in those instances in
which the M/WBE bid or contract requirements result in
contracts, subcontracts or joint ventures for M/WBEs,
that compensation provided pursuant. thereto shall be in
the f.orm of a check made payable to the primary
contractor, •bidder or proposer, and (if appropriated
jointly) to the minority/woman business enterprise
subcontractor or joint venture partner in an amount not
to exceed the subcontracted or joint venture amount,
based upon approved invoices submitted by the prime
contractor, proposer or joint venture, to the City.
In the event a dispute should arise as', to the
performance or payment of the primary contractor or
bidder/proposer or the M/WBE, under the terms and
conditions of the City contract or procurement award
document, compensation shall be withheld until such
time as the dispute is resolved in accordance With the
procedures set forth in this Chapter for resolving such
disputes.
All Administrative Directors shall amend their existing
policies and procedures or to create such new.ones as
may be required to insure and report on compliance with
all aspects of this article."
Section 5. The following new Section 18-17 is added in its
entirety:
"Sec. 18-77. Designation of the Director of the Office
of Minori.ty/Women Business Affairs.
The Director of the Office of Minority/Women Business
Affairs is designated as the official responsible for
establishing M/WBE bid and contract/award requirements,
creating and implementing compliance guidelines,
monitoring compliance, resolving disputes, and
reporting on all of the above to the City Manager."
Section 6. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance insofar as they
are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 7. If any section, part of section, paragraph,
clause, phrase, or word of this ordinance is declared invalid,
the remaining provisions of this ordinance shall not• be affected.
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December , 19 88.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of January , 19 89.
XAVIER L. sap, EZ, Mayor
235
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1,0538
PREPARED AND APPROVED BY:
LINDA K. KEARS014-
Assistant City Attorney
APPROVED AS TO FORM AND CORRECTNESS:
JOR(E L. FER ANDEZ
City Attornl
LKK/pb/bss/M424
It"
0:;:1F1