HomeMy WebLinkAbout23549AGREEMENT INFORMATION
AGREEMENT NUMBER
23549
NAME/TYPE OF AGREEMENT
HAITIAN TASK FORCE, INC.
DESCRIPTION
AMENDMENT #1 TO CDBG AGREEMENT/NEIGHBORHOOD
ECONOMIC DEVELOPMENT AGREEMENT/J-92-167/R-92.190.1
EFFECTIVE DATE
January 6, 1993
ATTESTED BY
WALTER FOEMAN
ATTESTED DATE
1/6/1993
DATE RECEIVED FROM ISSUING
DEPT.
1/7/1993
NOTE
'0' 11':t
CITY OF MIAMI, FLORIDA
ECONOMIC DEVELOPMENT COMMUNITY BASED /O�NIZATII� (CBO)
THIS AGREEMENT entered into this day
19, between the City of Miami, a municipal corp.()
State of Florida, (hereinafter referred to as the
"CITY"), and
Haitian Task Force, Inc., a Florida not for profit corporation,
(hereinafter referred to as the "CONTRACTOR").
FUNDING SOURCE: Eighteenth (18th) Year Community Development
Block Grant Funds
TERM OF THE AGREEMENT: July 1, 1992 to June 30, 1993
AMOUNT: $ 50,000.00
TAX IDENTIFICATION NO.: 59-2255547
EXECUTIVE DIRECTOR: Mr. Yves Vielot
ADDRESS: 5925-27 N.E. 2nd Avenue, Mezzanine, Miami, Florida
33137
TELEPHONE NO.: (305) 751-9783
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein set forth, the parties understand and agree as
follows:
ARTICLE I
1.0 BASIC REQUIREMENTS
As a necessary part of this agreement, the following
documents must be approved by the City prior to its
execution, and must be on file. with the Department of
Community Development.
\i/1.1 Corporate .Resolution authorizing execution of this
Agreement. REVIEW, PLEASE 1:1Ua i:, AS
Ej,2
..
1.2 Work Program (approved by the'CITY).
The Work Program submitted by the CONTRACTOR to the CITY
became an attachment to this agreement and shall include the
following:
✓1.
A description of the work to be performed;
2. A schedule for completing the work; and
3. A budget.
These items shall be in sufficient detail to provide a sound
basis for the CITY to effectively monitor performance by the
CONTRACTOR under this agreement.
Budget Summary, to include: completion of CONTRACTOR's
Program/Line-Item Budget/Expenditure Justification, Total
Actual and Projected Funds Disclosure, and Staff Salaries
Schedule (on forms supplied by the CITY); budget for
program -generated revenues; copies of all subcontracts
and/or management services Agreements funded in whole or in
part under this Agreement.
1.4 Certificate of Insurance which reflects CONTRACTOR's
_current liability insurance, naming the CITY as primary or
�y`. additional insured as determined by the Risk Management
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tt\I - Division of the CITY; current Workers' Compensation
insurance; current Fidelity Bond (applicable for all persons
who are authorized to receive and disburse funds under this
Agreement); and other coverage as deemed necessary, if
applicable (i.e. automobile insurance)
1.5 CONTRACTOR's Corporate Seal (to be affixed to Signatory
Page, and Corporate Resolution).
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1.6 Copy of CONTRACTOR's Article of Incorporation, Charter and
Bylaws.
1.7 List of Present Principal Governing Board Officers and
Members of the .Board (names, addresses and telephone
numbers).
1.8 List of Key Staff Persons, with their titles, who will carry
out this program.
1.9 Completion of Authorized Representative Statement.
y/`-1.10 Completion of Statement of Accounting System.
1.11 A letter from an independent Certified Public Accountant
which expresses the opinion that the CONTRACTOR's internal
controls are adequate to safeguard the organization's
assets.
1.12 Copy of last Audit Report as performed by an independent
C.P.A.
1.13 Corporate Personnel Policies and Procedures.
1.14 Job Description and Resumes for all positions funded in
whole or in part under this Agreement.
1.15 Acceptance of Office of Management and Budget (OMB) Circular
A-110, Attachments "A" (Cash Depositaries), "B" (Bonding and
Insurance), "C" (Retention and Custodial Requirements for
Records), "F" (Standards for Financial Management Systems),
"H" (Monitoring and Reporting Progress Performance), "N"
(Property Management Standards), and (Procurement
Standards), as modified by 24 CFR Part 570.502 (b),
"Applicability of Uniform Administrative Requirements," of
the Community Development Block Grant (CDBG) Program
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whole or in part under this Agreement.
1.15 Acceptance of Office of Management and Budget (OMB) Circular
A-110, Attachments "A" (Cash Depositaries), "B" (Bonding and
Insurance), "C" (Retention and Custodial Requirements for
Records), "F" (Standards for Financial Management Systems),
"H" (Monitoring and Reporting Progress Performance),
(Property Management Standards), and (Procurement
Standards), as modified by 24 CFR Part 570.502 (b),
"Applicability of Uniform
Administrative Requirements," of
the Community Development Block Grant (CDBG) Program
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assisted (or being assisted) with CDBG funds, including
its location (if the activity has a geographical
locus), the amount of CDBG funds budgeted, obligated
and expended for the activity, and the provision in 24
CFR Subpart C under the CDBG Program regulations which
it is eligible.
(b) Records demonstrating that each activity undertaken
meets one of the criteria set forth in 24 CFR 570.208
of the CDBG Program regulations. Where information on
income by family size is required, the CONTRACTOR may
substitute evidence establishing that the person
assisted qualified under another program having income
qualification criteria at least as restrictive as that
used in the definitions of "low and moderate income
person" and "low and moderate income household" as set
forth by 24 CFR 570.3; or the CONTRACTOR may substitute
a copy of a verifiable certification from the assisted
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person that his or her family income does not exceed
the applicable income limit established in accordance
with 24 CFR 570.3;
or the CONTRACTOR may substitute a
notice that the assisted person is a referral from a
state, to refer individuals it determines to be low and
moderate income persons based on HUD's criteria and
agrees to maintain documentation supporting these
determinations. Such records shall include the
following information.
(1) For each activity determined to benefit low and
moderate income persons, the income limits applied
and the point in time when the benefit was
determined.
(2) For each activity determined to benefit low and
moderate income persons based on the area served
by the activity:
(i) The boundaries of the service area;
(ii) The income characteristics of families and
unrelated individuals in the service area;
and
(iii)If the percent of low and moderate income
persons in the service area is less than 51
percent, data showing that the area qualifies
under the exception criteria set forth at
570.208(a)(1)(ii);
For each activity determined to benefit low and
moderate income persons based on the creation of
(3)
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jobs, the recipient shall provide the
documentation described in either (i) or (ii)
below.
(i) Where the recipient chooses to document that
at least 51 percent of the jobs will be
available to low and moderate inco-me persons,
documentation for each assisted business
shall include:
(A) A copy of a written agreement
containing:
(1) A commitment by the business that
it will make at least 51 percent of
the jobs available to low and
moderate income persons and will
provide training for any of those
jobs
requiring special skills or
education;
(2) A listing by job title of the
permanent jobs to be created
indicating which jobs will be
available to low and moderate
income persons, which jobs require
special skills
or education, and
which jobs are part-time, if any;
and
(3) A description of actions to be
taken by the recipient and business
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to ensure that low and moderate
income persons
receive first
consideration for those jobs; and
(B) ,A listing by job title of the permanent
jobs filled and which jobs of those were
available to low and moderate income
persons, and a description of how first
consideration was given to such persons
for those jobs. The description shall
include what hiring process was used;
which low and moderate income persons
were interviewed for a particular job;
and which low and moderate income
persons were hired.
(ii) Where the recipient chooses to document that
at least 51 percent of the jobs will be held
by low and moderate income persons,
documentation for each assisted business
shall include:
(A) A copy of a written agreement
containing:
(1) A commitment by the business that
at least 51 percent of the jobs, on
a full-time equivalent basis, will
be held by low and moderate income
persons; and
(2) A listing by job title of the
permanent jobs ,to be created,
identifying which are part-time, if
any;
(B) A listing by job title of the permanent
jobs filled and which jobs were
initially held by low and moderate
income persons; and
(C) For each such low and moderate income
person hired, the size and annual income
of the person's family prior to the
person being hired for the job.
(4) For each activity determined to benefit low and
moderate income persons based on the retention of
jobs:
(i) Evidence that in the absence of CDBG
assistance jobs would be lost;
(ii) For each business assisted, a listing by job
title of permanent jobs retained, indicating
which of those jobs are part-time and (where
it is known) which are held by low and
moderate income persons at the time the CDBG
assistance is provided. Where applicable,
identification of any of the retained jobs
(other than those known to be held by low and
moderate
income persons)
which are projected
to become available to low and moderate
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income persons through job turnover within
two years of the time CDBG assistance is
provided. Information upon which the job
turnover projections were based shall also be
included in the record;
(iii)For each retained job claimed to be held by a
low and moderate income person, information
on the size and annual income of the person's
family;
(iv) For jobs claimed to be available to low and
moderate income persons based on job
turnover, a description covering the items
required for
"available to" jobs in paragraph
(5) of this section; and
(v) Where jobs were claimed to be available to
low and moderate income persons through
turnover, a listing of each job which has
turned over to date, indicating which of
those jobs were either taken by, or available
to, low and moderate income- persons. For
jobs made available, a description of how
first consideration was given to such persons
for those jobs shall also be included in the
record.
(5) For each activity determined to aid in the
prevention or elimination of slums or blight based
on addressing one or more of the conditions which
qualified anarea as a slum or blighted area;
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(i) The boundaries of the area; and
(ii) A description of the conditions which
qualified the area at the time of its
designation in sufficient detail to
demonstrate how the area met the criteria in
570.208(b)(1).
(6) For each activity determined to aid in the
prevention or elimination of slums or blight based
on the elimination .of specific conditions of
blight or physical decay not located in a slum or
blighted area:
(i) A description of the specific condition of
blight or physical decay treated; and
(ii) For rehabilitation carried out under this
category, a description of the specific
conditions detrimental to public health and
safety which were identified and the details
and scope of the CDBG assisted rehabilitation
by structure.
(7) For each activity determined to aid in the
prevention or elimination of slums or blight based
on addressing slums or blight in an urban renewal
area, a copy of the Urban Renewal Plan, as in
effect at the time the activity is carried out,
including maps an supporting documentation.
(a) Records which demonstrate compliance with 24
CFR 570.505 regarding any change of use of
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real property acquired or improved with CDBG
assistance.
(b) Records which demonstrate compliance with the
requirements
in 570.606 regarding
acquisition, displacement, relocation, and
replacement housing.
(C) Equal Opportunity Records containing:
(1) Data indicating the racial/ethnic character of
each business entity receiving a contract or
subcontract of $25,000 or more paid, or to be
paid, with CDBG funds, data indicating which of
those entities are women's business enterprises as
defined in Executive Order 12138, the amount of
the contract or subcontract, and documentation of
recipient's affirmative steps to assure that
minority business and women's business enterprises
have an equal opportunity to obtain or compete for
contracts and subcontracts as sources of supplies,
equipment, construction
and services. Such
affirmative steps may include, but are not limited
to, technical assistance open to all businesses
but designed to enhance opportunities for these
enterprises and special outreach efforts to inform
them of contract opportunity. Such steps shall
not include preferring any business in the award
of any contract or subcontract solely or in part
on the basis of race or gender.
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(2) Data on the extent to which each racial and ethnic
group and single -headed households and ethnic
group and single -headed households (by gender of
household head) have applied for, participated in,
or benefited from, any program or activity funded
in whole or in part with CDBG funds. Such
information shall be used only as a basis for
further investigation as to compliance is required
to attain or maintain any particular statistical
measure by race, ethnicity, or gender in covered
programs.
Documentation of actions undertaken to meet the
requirements of 24 CFR 570.607(b) which implements
section 3 of. the Housing Development Act of 1968,
as amended (12 U.S.C. 1701U) relative to the
hiring and training of low and moderate income
persons and the use of local businesses.
(d) Financial records, in accordance with the applicable
requirements listed in 24 CFR 570.502.
(e) Records required to be maintained in accordance with
other applicable laws and regulations set forth in
Subpart K of 24 CFR.
2.2 As a necessary part of this Agreement, the CONTRACTOR shall
provide the following documents to the Department of
Community Development, in accordance with the requirements
of the Agreement:
(3)
A. Final Expenditure Report to be submitted no later than
thirty (30) days after contract expiration.
B. Certified Independent Audit to be submitted one hundred
twenty (120) days after end of corporate fiscal year.
CONTRACTORS receiving monies from the Department of
Community Development must allocate in its budget
sufficient funds to secure an annual independent audit
which must include the expression of an opinion on the
Contractor's financial statements, and a compliance
letter stating whether the CONTRACTOR is in conformity
with federal grant regulations (Office of Management
and Budget Circular A-133). The City of Miami's
Department of Internal Audits and Reviews shall have
the authority to review CONTRACTOR's records, including
programmatic records and books of account, for a period
of up to three (3) years from the termination date of
the Agreement. All books of account and supporting
documentation should be kept by the Contractor at least
three (3) years for audit purposes.
ARTICLE III
3.0 PROCEDURES
3.1 TIME OF PERFORMANCE
The term of this Agreement shall be from July 1, 1992, to
June 30, 1993.
3.2 CITY AUTHORIZATION
For the purpose of this Agreement, the City of Miami
Department of Community
Development (hereinafter the
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"DEPARTMENT") will act on behalf of the CITY in the fiscal
control, programmatic monitoring, and modification of this
Agreement, except as otherwise provided by this Agreement.
3.3 ENTIRE AGREEMENT
This instrument and its attachments constitute the 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.
3.4 OBLIGATION OF CONTRACTOR
The CONTRACTOR shall carry out the services as prescribed in
its Work Program (Attachment II), which is attached and
incorporated herein and made a part of this Agreement, in a
lawful, and proper manner, satisfactory to the CITY, in
accordance with the written policies, procedures, and
requirements as prescribed in this Agreement, as set forth
by the U.S. Department of Housing and Urban Development
(HUD) and the City of Miami Department of Community
Development.
3.5 POLICIES AND PROCEDURES MANUAL
CONTRACTOR is aware and accepts the Policies and Procedures
Manual (Attachment III) for Community Based Organizations as
the official document which outlines the fiscal,
administrative and Federal guidelines and which shall
regulate the day-to-day operations of the CONTRACTOR, which
is attached and incorporate herein and made a part of this
Agreement.
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3.6 BONDING AND INSURANCE
CONTRACTOR shall maintain insurance and bonding coverages
acceptable to the CITY's Risk Management Division of the
Personnel Management Department. Prior to commencing any
activity under this Agreement, the CONTRACTOR shall furnish
to the CITY original certificates of insurance and bonding
indicating that the CONTRACTOR is in compliance with the
provisions of this article.
CONTRACTOR shall provide the following coverages:
(a) Insurance coverage that reflects sound business
practices acceptable to the CITY's Risk Management
Division of the Personnel Management Department.
(b) Fidelity bonding for all persons handling funds
received or disbursed under this Agreement in an amount
equal to or greater than the amount of the City grant.
City shall be named as Loss Payee.
(c) Current liability insurance shall be in amount of not
less than $500,000 General Aggregate which shall
include Fire Legal. City shall be named as Primary
Additional Insured and there shall be no exclusions in
such policies to override the CITY coverage.
(d) Contractor shall provide the CITY with proof of
Automobile Liability Coverage in an amount of not less
than $100,000 Bodily Injury and Property Damage
combined, if Contractor is to be reimbursed for mileage
by the CITY.
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(e) The Contractor shall obtain Workers' Compensation and
Employers' Liability coverageas per statutory
requirement.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR of its liability and obligations under this section or
under any other section of this Agreement.
3.7 LEVEL OF SERVICE
Should start-up time for a program be required or any delays
in service occur, the Department of Community Development is
to be notified in writing immediately, giving all pertinent
details and indicating when service shall begin and/or
continue. It is understood and agreed that the level of
services, activities, and expenditures by the CONTRACTOR, in
existence prior to the initiation of services hereunder,
shall be continued and shall not be reduced in any way as a
result of this Agreement. Programs funded through this
Agreement shall not result in the displacement of employed
workers, impair existing contracts for services, or result
in the substitution of funds allocated under this Agreement
for other funds in connection with work which would have
been performed in the absence of this Agreement.
3.8 OTHER PROGRAM REQUIREMENTS
(a) CONTRACTOR shall comply with its obligations as
described in its Management By Objectives (MBOs)
(Attachment IV) which is attached and incorporated
herein and made a part of this Agreement.
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(b) CONTRACTOR shall carry out its Work Program in
compliance with all Federal laws and regulations
described in Subpart K of the CDBG Program regulation
(24 CFR 570.600-612), (Attachment I).
CONTRACTOR shall not assume the CITY's environmental
responsibilities described at 24 CFR 570.604 of the
CDBG Program regulations, and the CITY's responsibility
for initiating the review process under Executive Order
12372 (Attachment I).
3.9 PROGRAM INCOME
Program income means gross income received by the CONTRACTOR
which has been directly generated via the use of CDBG funds.
When such income is generated by an activity that is only
partially assisted with CDBG funds, the income shall be
prorated to reflect the percentage of CDBG funds used.
Program income generated by CDBG funded activities shall be
retained by CONTRACTOR and shall by used to only undertake
those activities specifically approved by the CITY on the
Work Program. All provisions of this Agreement shall apply
to such activities. Any program income on hand when the
Agreement expires or received after such expiration shall be
paid to the CITY, as required by 24 CFR 570.503(b)(8) of the
CDBG Program regulation.
CONTRACTOR shall submit a Program Income Report on a monthly
basis along with the required monthly Work Program Status
Report. The Program Income Report will identify CDBG
activities in which income was derived and how income has
been utilized.
(c)
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3.10 REPORTS, AUDITS AND EVALUATIONS
The CONTRACTOR shall comply with the Federal Directive
required by the U.S. Department of Housing and Urban
Development (USHUD) to document that program activities are
provided for the benefit of low to moderate income persons.
In accordance with the Code of Federal Regulations 24 CFR
Part 570.506, records shall be maintained for each activity
to determine that services benefit low and moderate income
persons.
At the request of CITY, CONTRACTOR shall transmit to CITY
written statements of CONTRACTOR's official policy on
specified issues relating to CONTRACTOR's activities. CITY
may carry out monitoring and evaluation activities,
including visits and observations by CITY staff; CONTRACTOR
shall ensure the cooperation of its employees and Board
members in such efforts. Any inconsistent, incomplete, or
inadequate information either received by the CITY or
obtained through monitoring and evaluation by the CITY,
shall constitute good cause for the CITY to terminate this
Agreement at any time thereafter.
ARTICLE IV
4.0 FUNDING
4.1 COMPENSATION
A. CITY shall pay CONTRACTOR, $50,000.00 as maximum
compensation for the services provided during the term
of this agreement. The CITY shall compensate the
CONTRACTOR for all expenditures made in accordance with
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the schedule set forth in the budget which is attached
hereto and made a part hereof.
B. CITY shall have the right to review and audit the
time records and related records of CONTRACTOR
pertaining to any payments by CITY.
C. All payments shall be reimbursements for expenditures
incurred only during the term of this Agreement, and in
compliance with the previously approved Line -Item
Budget. Such written request shall contain a statement
declaring and affirming that all expenditures were made
in accordance with the approved budget. All
documentation in support of such request shall be
subject to approval by CITY at the time the request is
made and all invoices are required to be paid by
CONTRACTOR prior to submission. All reimbursements
must be in line -item form and be in accord with this
Agreement. All expenditures must be verified by
original invoice with a copy of the check which was
used to pay that specific invoice. Within 60 days of
submitting reimbursement request, copies of the
cancelled checks shall be submitted. In the event that
an invoice is paid by various funding sources, a copy
of the invoice may be submitted but must indicate the
exact amount paid by various funding sources equaling
the total of the invoice. No miscellaneous categories
shall ,be accepted as a line item in the budget.
Request for line -item changes are allowable, with prior
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review and approval by the CITY. All line -item changes
must be made prior to the end of the term of the
Agreement.
D. Requests for payment should be made at least on a
monthly basis. Reimbursement requests should be
submitted to the CITY within thirty (30) calendar days
after the indebtedness has been incurred. Failure to
comply may result in the rejection for repayment of
those invoices within the reimbursement package which
do not meet this requirement.
E. CONTRACTOR must submit the final request for payment to
the CITY within 30 calendar days following the
expiration date or termination date of this Agreement.
If the CONTRACTOR fails to comply, all rights to
payment are forfeited and the CITY shall not honor any
request submitted after the aforesaid agreed upon
period.
F. Any payment due under this Agreement may be withheld
pending the receipt and approval by the CITY of all
reports due from the CONTRACTOR as a part of this
contract and any modifications thereto.
4.2 GENERATED REVENUES:
CONTRACTOR is required to generate revenues in the amount of
sixteen thousand five hundred dollars ($16,500, by June 30,
1993, from approved revenue generating projects. These
funds are to be used in lieu of an advance on the fiscal
1993-94 City contract and to offset any other administrative
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expense not paid by the City CDBG grant. Funds generated by
grants (federal, state and local) will be considered
generated revenues. In the event that GRANTEE fails to
generate the above mentioned revenues by June 30, 1993,
future contracts with the GRANTEE will not be negotiated or
considered. GRANTEE must submit proper documentation
supporting the expenditure of such program generated funds
as per the Program/Line-Item Budget Expenditure
Justification.
4.3 FINANCIAL ACCOUNTABILITY
CITY reserves the right to audit the records of CONTRACTOR
at any time during the performance of this Agreement and for
a period of three years after final payment is made under
this Agreement. CONTRACTOR agrees to provide all financial
and other applicable records and documentation of services
to CITY. Any payment made shall be subject to reduction for
amounts included in the related invoice which are found by
CITY, on the basis of such audit, not to constitute
allowable expenditures. Any payments made to CONTRACTOR
are subject to reduction for overpayments on previously
submitted invoices.
4.4 RECAPTURE OF FUNDS
CITY shall reserve the right to recapture funds when the
CONTRACTOR shall fail (i) to comply with the terms of this
Agreement or (ii) to accept conditions imposed by CITY at
the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE
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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 change in
regulations.
4.6 SEPARA'TION OF CHURCH/STATE
In accordance with First Amendment Church/State principles,
CDBG assistance may not be used for religious activities or
provided to primarily religious entities for any activities,
including similar activities, as directed by 24 CFR
570.200(j). CONTRACTOR shall comply with this provision
when entering into subcontracts.
ARTICLE V
5.0 GENERAL REQUIREMENTS
5.1 INDEMNIFICATION
CONTRACTOR, shall pay on behalf of, and save CITY harmless
from and against any and all claims, liabilities, losses,
and causes of action which may arise out of CONTRACTOR's
activities under this Agreement, including all other acts or
omissions to act on the part of CONTRACTOR, including any
person acting f•or or on its behalf; from and against any
relevant orders, judgements, or decrees which may be entered
against the CITY; and from and against all costs, attorney's
fees, expenses, and liabilities incurred by the CITY in the
defense of any such claims or in the investigation thereof.
5.2 AMENDMENTS •
No amendments to this Agreement shall be binding on either
party unless in writing and signed by both parties.
5.3 OWNERSHIP OF DOCUMENTS
All documents developed by CONTRACTOR under this Agreement
shall be delivered to CITY by said CONTRACTOR upon
completion of the services required pursuant to this
Agreement and shall become the property of CITY, without
restriction or limitation on its use. CONTRACTOR agrees
that all documents maintained and generated pursuant to this
contractual relationship between CITY and CONTRACTOR shall
be subject to all provisions of the Public Records Law,
Chapter 119, Florida Statutes (Attachment I).
It is further understood by and between the parties that any
document which is given by CITY to CONTRACTOR pursuant to
this Agreement shall at all time remain the property of CITY
and shall not be used by CONTRACTOR for any other purposes
whatsoever without the written consent of CITY.
5.4 AWARD OF AGREEMENT
CONTRACTOR 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.
5.5 NON-DELEGABILITY
The obligations undertaken by the CONTRACTOR pursuant to
this Agreement shall not be delegated or assigned to any
other person or firm unless CITY shall first consent in
writing to the performance or assignment of such services or
any part thereof by another person or firm.
5.6 CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to
the laws of the State of Florida.
5.7 OBLIGATION TO RENEW
Upon expiration of the term of this Agreement, CONTRACTOR
agrees and understands that CITY has no obligation to renew
this Agreement.
5.8 TERMINATION OF CONTRACT
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required
pursuant to this Agreement without penalty to CITY. In that
event, notice of termination of this Agreement shall be in
writing to CONTRACTOR, who shall be paid for those services
performed prior to the date of its receipt to the notice of
termination. In no case, however, shall CITY pay CONTRACTOR
an amount in excess of the total sum provided by this
Agreement.
It is hereby understood by and between CITY and CONTRACTOR
that any payment made in accordance with this Section to
CONTRACTOR shall be made only if said CONTRACTOR is not in
default under the terms of this Agreement. If CONTRACTOR is
in default, then CITY shall in no way be obligated and
shall not pay to CONTRACTOR any sum whatsoever.
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It is also understood that in accordance with 24 CFR 85.43-
44 of the CDBG rules and regulations, suspension or
termination may occur if CONTRACTOR fails to comply with any
term of this Agreement, or if the CITY deems it convenient
to terminate it.
5.9 REVERSION OF ASSETS
Upon expiration of this Agreement, the CONTRACTOR shall
transfer to the CITY any CDBG funds on hand at the time of
expiration and any accounts receivable attributable to the
use of CDBG funds.
Any real estate property that was acquired or improved by
CONTRACTOR in whole or in part with CDBG funds in excess of
$25,000 shall be either:
A. Used to meet one of the three (3) CDBG National
Objectives set forth by 24 CFR 570.208 of the CDBG
Program regulations, until five
(5)
years after
expiration of this Agreement, or such longer period of
time as determined appropriate by the City; or
B. Disposed of in a manner resulting in the CITY being
reimbursed in the amount of the current fair market
value of the property less any portion thereof
attributable to expenditures of non-CDBG funds for
acquisition of, or improvements to, the property.
5.10 GENERAL CONDITIONS
A. All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing
and shall be delivered by personal service, or by
725-
registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given
on the day on which personally served; or, if by mail,
on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
CITY OF MIAMI CONTRACTOR
3500 Pan American Drive
Miami, Fla. 33133
Haitian Task Force, Inc.
5925-27 N.E. 2nd Avenue, Mezz.
Miami, Fla. 33137
B. Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
control.
D. No waiver or 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 invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such 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
-26-
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.
5.11 INDEPENDENT CONTRACTOR
CONTRACTOR and its 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 Worker's Compensation benefits and an employee of
the CITY.
5.12 SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
ARTICLE VI
6.0 CONTRACTOR CERTIFICATIONS
CONTRACTOR certifies that:
It possesses the legal authority to enter into this
Agreement by way of a resolution, motion, or similar action
that has been duly adopted or passed as an official act of
the CONTRACTOR's governing body, authorizing the execution
of the Agreement, including all understandings and
assurances contained herein, and directingand authorizing
the person identified as the official representative of the
-27—
CONTRACTOR to act in connection with the Agreement and to
provide such additional information as may be required.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials
thereunto duly authorized on the first date above written.
A'1TY IRAI
CITY CLERK
ATTEST:
CORIdATE SECRE ARY(1
WITNESS:
APPROVED AS TO
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
CESAR H. ODIO
CITY MANAGER
CONTRACTOR: Haitian Task
Force, Inc.
5925-27 N. E. 2nd Avenue
Mezzanine
Miami, Florida 33137
404-er-z�.
PRES'DENT
SEAL
APPROVED AS TO FORM AND
INSURANCE REQUIR .MEETS: CORRECTNESS:
JAN S. CHH
DIRECTOR
RISK MANAGE NT DErARTMENT
A. Q UZN
CITY ATTQ
S, III e(�
WHEREAS,
CORPORATE RESOLUTION
The il/ctt./%Aid T4SJ( Fnr'c-e Jvc
1
desires to enter into an agreement with the City of Miami; and
WHEREAS, the Board of Directors at a duly held corporate
meeting has considered the matter in accordance with the By -Laws
of the corporations;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the president, and secretary are hereby authorized and
instructed to enter into a contract in the 'name and on behalf of
this corporation with the City of Miami upon the terms contained
in the proposed contract to which this resolution is attached.
DATED this 3( day of
, 194Z.
BOA D OF DIRECT RS CHAIRPERSON
SEAL
N
J-92-167
3/12/92
99— I00.1 •
RESOLUTION NO. "°
A RESOLUTION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO SUBMIT THE
ATTACHED APPROVED GRANT PROGRAM FINAL
STATEMENT TO THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) REQUESTING
FUNDS IN THE AMOUNT OF $13,156,000 FOR THE
CITY'S PROPOSED COMMUNITY DEVELOPMENT
PROGRAM DURING 1992-1993; FURTHER
AUTHORIZING THE CITY MANAGER, UPON APPROVAL
OF SAID GRANT BY HUD, TO ACCEPT THE SAME
AND EXECUTE THE NECESSARY IMPLEMENTING
AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY AND SUBJECT TO APPLICABLE
CITY CODE PROVISIONS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
SECTION 1. The City Manager is hereby authorized to submit
the attached approved Grant Program Final Statement to the U. S.
Department of Housing and Urban Development (HUD) for the City's
proposed Community Development Program during 1992-1993.
SECTION 2. The City Manager, as Chief Administrative
Officer for the City of Miami, upon approval of the above Grant
by HUD, is hereby authorized toaccept the grant and, upon
receipt of same, to execute the necessary agreements to implement
the 1992-1993 Community Development Program, in a form acceptable
to the City Attorney and subject to applicable City Code
provisions.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
% 4 • 11 C N fil a'i 5)
v w r
CITY COMMISSION
MEETING OF
MAR 12192
Resolution No.
92•— 190.1
• 41, c
q
PASSED AND ADOPTED this 12th
1992.
ATTEST:
•
MA HIRAI, CITY CLERK
BUDGETARY REVIEW:
day of
March
VIER L. SU:REZ, OR
COMMUNITY DEVELOPMENT REVIEW:
MANOR RANA, DIRECTOR FRANK CA AgEDA,/DI'ECTOR
DEPARIE OF BUDGET DEPT. OF COMMUNITY DEVELOPMENT
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
FINANCE REVIEW:
CARLOS GARCIA, DT/RECTOR
DEPARTMENT OF FINANCE
APPROVED AS TO FORM AND CORRECTNESS:
fair /rl�//
QV NN i,ES, IrII . •
CITY ATTO' �EY
ABS/gfa/csx/M2825
-2-
92- 190'1
0 •
Attachment I
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18TII YEAR CDBG PROPOSALS
HOUSING PROJECTS RECOMMENDATIONS
TA NAME OF PROJECT
Amount: Initial C.D.
Requested Staff Board Final
Department of Development
and ]lousing $2,000,000 $2,000,000 $1,000,000 $1,000,000
Department of Plannin
Building & Zoning
(Code Enforcement)
300,000 375,000 ' 200,000 200,000
A Allapattah Business
Development Authority 43,270 50,000 50,000
E Tacolcy CDC 50,000 50,000 50,000 50,000
L East Little Havana CDC 60,000 50,000 50,000 50,000
0 St. John Community
Development Corporation 50,000 50,000 50,000 50,000
CW CODEC, Inc. 60,000 50,000 50,000 50,000
E Little Haiti Housing
Association 50,000 50,000 50,000 50,000
W Wynwood Community Economic
Development 75,000 75,000 75,000
CW Senior Crime Watch Program 66,983 55,000 55,000 55,000
CW Florida Housing Cooperative 42,249 50,000 50,000 50,000
D DDA-Homeless Housing
Facility 1,300,000
CW HOPE, Inc. 25,000
CW Dude County HUD 879,000
CW Greater Miami Neighborhoods 250,000 100,000 100,000 100,000
CW New Day Outreach Center 161,000
CW South Pointe Family & Children 170,000
CW Tri-City Community Association 81,862 50,000 80,000 80,000
SUB -TOTAL: $5,664,364 $2,880,000 $1,860,000 $1,860,000
i2-- i30
-1-
A
L
L
L
E
M
CW
CW
CW
A
u
0
D
D
D
D
D
c
0
E
W
W
CW
CITY.OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT'
18T11 YEAR CDI3G PROPOSALS
NAME OF PROJECT
New Washington Heights CDC
New Washington Heights/
Hotel Soft Costs
Martin Luther King LDC
(Sonic Administration) 100,000
Little Havana Development Auth. 50,000
Small Business Opportunity Center 50,000
Latin Quarter Association 50,000
Greater Biscayne Boulevard
Chamber (CBBC) 50,000
CBBC Administration for area
Improvement Project 130,996
MDCC-Entrepreneurial
Consulting Services 150,00
Miami Capital Development,
Inc. - Administration 250,000
Miami Capital Development,
Inc. - Revolving Loan Fund 2,000,000
Miami Capital Development,
Inc. - Revolving Loan Fund
for EDA 125,000
Allapattah Business Development
Authority
Edgewater Economic Development
Corporation 50,000
Park West. Association, Inc. 50,000
Downtown Miami Business Assoc. 60,000
MDCC-Wolfson Campus 1,500,000
DDA-Information KIOSKS 25,000
DDA-Commercial Facade Program 100,000
DDA-Economic Development
Incentive Fund 500,000
Coconut Grove LDC 950,000
0vertown Advisory Board 80,000
Haitian Task Force 50,000
Wynwood Community E.D.0 (WCEDC) 100,000
WCEDC- Trade Zone 4,000,000
Target Area - Mini UDAG
ECONOMIC DEVELOPMENT PROJECTS
Amount
Requested
$50,000
Deportment of Development
(Southeast/Overtown
Administration
L Little ]Haiti Project Reserve Fund
W Wynwood Project Reserve Fund
50,000
RECOMMENDATIONS
Initial C.D.
Staff Board
$50,000 $50,000
50,000
50,000
50,000
50,000
Final
$50,000
100,000 100,000
50,000 50,000
50,000 50,000
50,000
50,000 50,000
250,000 250,000
1,750,000 1,000,000
50,000 50,000
50,000
50,000
50,000
50,000
50,000
1,000,000
250;000
1,000,000
50,000
50,000
50,000
50,000
1,000,000
300,000 300,000
50,000 50,000 50,000
50,000
50,000 . 50,000 50,000
50,000 100,000 100,000
495,800
250,000 '250,000
200,000 200,000
250,000, 250,000
- 0 - - 0 - - 0 - 200,000
- 0- -0- -0- 100,000
SUB -TOTAL: $10,820,996 $3,245,800 $3,700,000 $3,800,000
-2-
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
18TI1 YEAR CDBG PROPOSALS .
PHYSICAI, IMPROVEMENTS RECOIIMENDA'TIONS .
Amount Initial C.D.
TA NAME OF PROJECT Requested Staff Board Final
D DDA Flagler Street Landscape $20,000 $20,000 20,000
0 DDA Overtown/ParkWest
Improvements 200,000 200,000 -• 0 -
0 DDA ParkWest Linear Park 200,000 200,000 -• 0 -
Department of Public Works/
Street Improvements 2,190,000 945,138 945,138 945,138
New Fire Station No. 5 1,500,000
E Department of Public Works/
Biscayne Beautification 125,000 125,000 125,000 125,000
L Manuel Artime Community Center 100,000 100,000 100,000 100,000
W One Art, Inc., Center
Renovation 125,000 75,000 75,000
L CCS/Little Havana Child Care 45,812 45,812 45,812 45,812
W CCS/San Juan Day Care 400,000
C Grove Family health Center 565,000 25,000 125,000 125,000
CW Greater Miami Youth Services
Corps. 172,000 65,000 65,000 65,000
CW Greater Miami Youth Serviceu
Corps. 25,000 25,000 25,000 25,000
W holy Cross Day Care 450,000
L Miami Mental Health 199,685
.CW Weing&rt School Improvements
(Proposal Submitted Late) 100,000
PLANNING DEPARTMENT
A Wagner Creek Dredging
C Franklin Avenue Cemetery
Security
L Northeast Cluster
Revitalization
L Cuban Martyrs Wall
I. Tower Theater Renovation
Latin Quarter Specialty
Center
927,000
50,000
150,000
40,000
200,000
250,000
50,000
50,000 50,000
-3- c 2-- 190,1
TA
M
0
0
PLANNING DEPARTMENT RECOM1MENDATIONS
NAME OF PROJECT
N.W. 15th Avenue Planters
N.W. 3rd Avenue Improvement
N.W. 3rd Avenue Facade '
IIISTORIC PRESERVATION
0 Black Archives/Lyric Theater
U CCSA/Greater Bethel Church
Committee Center
0 Old historic Fire house No.
A
C
L
L
0
M
CD
CD
CI)
CD
PARKS DEPARTMENT
Curtis Park Improvements
Grund Avenue Park Building;
Renovation
Eaton Park/New Construction
Henderson Park Building
Replacement
Shenandoah Park Field Lighting
Gibson Park Improvements
Clemente Put•lc Picnic
Facilities
African Square Improvements
Amount
Requested
45,000
250,000
100,000
• 515,625
2,494,975
100,000
50,000
275,000
50,000
50,000
100,000
100,000
50,000
50,000
SUB -TOTAL: :1;12,265,097
Neighborhood Jobs Program
Contingency
Social Programs
Administration
TA: A = ALLAPATTAII
E = EDISON
W = WYNWOOD
TOTALS:
175,000
- 0 -
4,643,756
2,631,000
$36,200,213
C = COCONUT GROVE
I, = LITTLE IIAVANA
Initial, C.D.
Staff Board
45,000 45,000
100,000 250,000
100,000 100,000
50,000 50,000
275,000
50,000
50,000
- 0 -
100,000
275,000
50,000
50,000
50,000
100,000
50,000 50,000
50,000 50,000
$2, 250, 950 $3,045,950
175,000 175,000
1,973,250
2,631,000
1,973,250
2,401,800
13,156,000 13,156,000
Final
45,000
250,000
100,000
50,000
275,000
50,000
50,000
50,000
100,000
50,000
50,000
$2,645,950
. 175,000
1,973,250
2,401,800
13,156,000
CW = CITYWIDE D = DOWNTOWN
M = MODEL CITY 0 = OVERTOWN
92 ' .190.1
-4-
Ti7`4`.;1 ,.F. r_+1
F. 0/19/1,+92 i_:9. 9 FROM EMPIRE III . /
t'ur(is c L;/ w •i f_ER :i .1:L.t i..}.E OFNS U PNCF !ISSUE DATE; 6/ ira/?2
I-`1:'LJJ.'L11. i` ;This -certificate is issued as a matter of i. form -
I a"•: !o-t onl.y.and.confers no ri K hts upcfr: th-e certi-
ErapIi r e :insurance Agency Inc i 'f i c^.'+: e h i_1 3,^Gisr. This certificate does not amend;
6353 Bird Road 'extenc or alter the coveY-age aj"ford below.
Miarni, FL 331n3 i '.- -• -
305-662--6000
DODO
1-IAI If N i i-!g;K FORCE._ .NE%
MIAMI R FL. ni /
C:DNt=AN I E ; AFFORDING .COVERAGE
i i -..r.. _ 0 _A ,'L llL i Y INDEMNITY EXCHANGE
E
k FIDELITY & DEPOSIT
i FIT Fr i_-
ii_.=I ?fir: D
ii_r•iIEicy E
L:OVEh:Atib: tr'S._• is to S_e'-ta.j''y that policies of insurance listed below have
been issued to the named i'r;sc3, for the policy period indicated; notwithstand-
ing any rgr'r.+lt"rt :r term cored. of any contract or other document with respect
to which this certificate may be issued or may pertain; the insurance afforded
by the policies de'_•cr- ed herein is subject to all the terms; e?;CiuE-.icrrrc,; and
conditions of such dCrd J.c:.^3 e=. Limits shown may'have been reduced by na td t-i.irn
CL! rYPE r1F rN 1fRAM.:;- i l'•LLT. Y' i•UOjEi-R 1err' .L'tiiEir=XP DA EigLL L.iMI Tci IN "ii-ilwU RND
LENE.R. -L. LIABILITY
1 C 0c,.' tt'r"
JtE>tit;-rs/l..,r•rCr.
> A LK J CL'N-i f C? _ AL
1 C
>✓lL1..FOMOIP,T L:_-, L I i=•1 .{ L I -'- Y
E 3Rny
' W ;,. 13 i\k:ri-"i_: W fit?''_ i t.,l t = = ! L Uti )P';Rig'_-: ' ? 6/ i' / 3a 1
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AND E!'1t ° L'L1':' : i }
O°fl-?E
FI DEL'!•TY EinND
!GENERAL ?GO 1 'ia; ,it_)0
! PRD-CMP/op APiGis
iPER & HD)T .iN,Iiyi
i E 1CH CtCCUREtNC.1 i •x35Ll0
!FIRE DAMAGE i $
i MED EXPENSES h
iC L... fG 300
E'/19/53181/F-ii$
iP..D. i
3$
1 t //C'CCt.?r
i St a'b ut';:'r"y
i `=i-i `r/ '✓= 4 /a4/ 9.; 's -•t.JS.ta 0',.''.> EIYiPLOY1:E
D I_ EHc!NES i.'f
t i }
escription _i .:er aticr>`✓i _r<ca ions/veiticie / - trictions/sepci
al items
s OF P IP;M'. if a.•rL` .Ut-t - ajN i , 0. Cs.. L.. E. . PS ADDITIONAL INSUREDS
, ..NCELLi--' .^.•i-tr., i , C i of thT a bov '
-
inQ
n r: ;at. - t . C •
I
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•
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is i :j' f
• i-
TheTravelers jam'
The Travelers Insurance Companies
Hartfora. CT 06183-4040
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY PuLIC r
TYPE AR INFORMATION PAGE WC 00 00 01 ( A)
POLICY NUMBER (6K-UB-417K457-7-91)
NEW-91
INSURER: THE TRAVELERS INDEMNITY COMPANY NCCI CO CODE: 113h7
1. INSURED: ' PRODUCER:
HAITIAN TASK FORCE INC
5925 NE 2ND AVENUE
MIAMI FL 33137
Insured is A CORPORATION
INTERNATIONAL INS CENTER
13775 S W 145 COURT
MIAMI
FL 33186
Other work places and identification numbers are shown on the
schedule(s) attached.
2. The policy period is from 12-25-91 to 12-25-92 12:01 A.M.
at the Insured s mailing address.
3. A. WORKERS COMPENSATION INSURANCE: Part One of the policy applies
to the Workers Compensation Law of.the state(s) listed here:
FL
B. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies
to work in each state listed in item 3.A. The limits of our
liability under Part Two are:
Bodily Injury by Accident: 100,000 Each Accident
Bodily In4ury by Disease: 500,000 Policy Limit
Bodily Injury by Disease: 100,000 Each Employee
C. OTHER STATES INSURANCE: Part Three of the policy applies to the
states, if any, listed here:
AL, AZ, AR, CT, DE, DC, FL, GA, IL, IN, IA, KS, KY, LA, MA,
MI, MS, M0, NE, NH, NC, RI, SC, SD, TN, VA, VT
D. This policy includes these endorsements and schedules:
WC000202 (00) -001 WC000316 (00) -001 WC090404 (00) -001
4. The premium for this policy will be determined by our Manuals of
Rules, Classifications, Rates and Rating Plans. All required
information is subject to verification and change by audit to be
made ANNUALLY
DATE OF ISSUE: 02-05-92 KK
OFFICE: ORIND 870 DISTRICT: C-06
PRODUCER: INTERNATIONAL INS CENTER 27F5W
ST ASSIGN: FL
rn
stmnimmom
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY POLICY
TheTravelersj.
The Travelers Insurance Companies
(Each A Slock Insurance Company)
Hartford,Connecticut
T ieTrave1ersj
i.:::r:iRtti:A. 1 ,airfrrlt•➢ZAti.:0;fe.WA.rr•A
HAITIAN TASK FORCE INC
5925 NE 2ND AVENUE
MIAMI FL 33137
Insured is A CORPORATION
POLICY NUMBER
NEW-91
INTERNATIONAL INS CENTER
13775 S W 145 COURT
MIAMI
FL 33186
Other work places and identification numbers are shown on The
schedule (s) a t ta.:h-'d .
2. The policy period is from 12-25-91 to 12-25-92 12:01 A.M.
at the Insured's mailing address.
4. WORKERS COMPENSATION INSURANCE: Part One of the policy applies
th.•, Wn-k. . ' -,,,.,.. , •-,., ',I.-. .,c 'h., stat.e (sl 1 �.tnr+ h:,r..
FL
3. EMPLOYERS LIABILITY INSURANCE: Part Two of the policy applies
to work in each state listed in item 3.A. The limits of our -
liability under Part Two are:
Bodily Injury by Accident: 100,000 Each Accident
Bodily Injury by Disease: 500,000 Policy Limit
Bodily Injury by Disease: 100,000 Each Employee
C. OTHER STATES INSURANCE: Part Three of the policy applies to the
states, if any, listed here:
AL, AZ, AR, CT, DE, DC, FL, GA, IL, IN, IA, KS, KY, LA, MA,
MI, MS, M0, NE, NH, NC, RI, SC, SD, TN, VA, VT
D. This policy includes these endorsements and schedules:
WC000202 (001 -OCR i WC000 3 16 (00) -001 WC090404 (00) -001
4. the premium for this policy will be determined by our Manuals of
Rules, Classifications, Rates and Rating Plans. All required
information is subject to verification and change by audit to be
made ANNUALLY
DATE OF ISSUE: 02-05-92 KK
OFFICE: ORIND 870 DISTRICT: C-06
PRODUCER: INTERNATIONAL INS CENTER 27F5W
ST ASSIGN: FL
•
U
TheTravelers j''
The Travelers Insurance Companies WORKERS COMPENSATION
(Each A Stock Insurance Company) AND
Hartford, CT 06183-4040 EMPLOYERS LIABILITY POLICY
CLASSIFICATION SCHEDULE
CLASSIFICATIONS
INFORMATION PAGE WC 00 00 01 ( A)
POLICY NUMBER (6K-UB-417K457-7-91)
PREMIUM BASIS
ESTIMATED RATES ESTIMATED
CODE TOTAL ANNUAL PER $100 OF ANNUAL
NO REMUNERATION REMUNERATION PREMIUM
SEE EXTENSION OF INFORMATION PAGE - SCHEDULE(S)
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM $ 861
PREMIUM DISCOUNT NONE
0900-09 EXPENSE CONSTANT 140
ASSIGNED RISK FLAT SURCHARGE 2677
TOTAL ESTIMATED PREMIUM 1268
DEPOSIT AMOUNT DUE 1268
MINIMUM PREMIUM: $ 167
FIELD A/R (WC I P) #:
DATE OF ISSUE: 02-05-92 KK ST ASSIGN: FL
OFFICE: ORIND 870 DISTRICT: C-06
PRODUCER: INTERNATIONAL INS CENTER 27F5W COUNTERSIGNED -AGENT
TheTravelers' j
The Travelers Insurance Companies
(E)ch s'o, !ns1J^3occ Company`
Hari oru, l.I ub I83-4U40
WORKERS COMPENSATION
AND •
_iv1PLOYEF S LIABILITY POLICY
EXTENSION OF INFO PAGE -SCHEDULE WC 00 00 01 ( A)
POLICY NUMBER (6K-UB-417K457-7-91)
INSURER: THE TRAVELERS INDEMNITY COMPANY 11347-FL
INSURED'S NAME: HAITIAN TASK FORCE INC
PREMIUM BASIS
ESTIMATED RATES ESTIMATED
TOTAL ANNUAL PER $100 OF ANNUAL
CLASSIFICATIONS CODE REMUNERATION REMUNERATION PREMIUM
LOCATION 001 01
FEIN 592255547 ENTITY CD 001
HAITIAN TASK FORCE INC
5925 NE 2ND AVENUE
MIAMI FL 33137
CLERICAL OFFICE EMPLOYEES- NOC 8810 146000 0.59 861
nrImmimm
EXPERIENCE MODIFICATION NONE MODIFIED PREMIUM $ NONE
TOTAL ESTIMATED ANNUAL STANDARD PREMIUM 861
PREMIUM DISCOUNT NONE
0 EXPENSE CONSTANT 140
ASSIGNED RISK FLAT SURCHARGE 267
TOTAL ESTIMATED PREMIUM 1268
DEPOSIT AMOUNT DUE 1268
DATE OF ISSUE: 02-05-92 KK ST ASSIGN: FL SCHEDULE NO: 1 OF LAST
TheTravelers' j
The Travelers Insurance Companies WORKERS COMPENSATION
(Each A Stock Insurance Company) AND
Hartford, CT 06183-4040 EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 02 02 (00)-001
POLICY NUMBER (6K-UB-417K457-7-91)
MARITIME EXCLUSION ENDORSEMENT
The policy does not cover bodily injury to a master or member of the
crew of any vessel.
DATE OF ISSUE: 02-05-92 KK ST ASSIGN: FL PAGE 1 OF LAST
TheTravelers j�'
The Travelers Insurance Companies
Hartford, CT 06183-4040
WORKERS COMPENSATION
ANn
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 00 03 16 (00) -001
POLICY NUMBER (6K-UB-417K457-7-91)
EMPLOYERS LIABILITY INSURANCE ENDORSEMENT
C. Part Two (Employers Liability Insurance), C. Exclusions is amended
by replacing exclusion 7 with this exclusion.
This insurance does not cover:
7. damages arising out of coercion, criticism, demotion, evalua-
tion, reassignment, discipline, defamation, harassment, humili-
ation, discrimination against or termination of any employee,
or any personnel practices, policies, acts or omissions.
DATE OF ISSUE: 02705-92 KK ST ASSIGN: FL PAGE 1 OF LAST
o=
The'Iravelers` j
The Travelers Insurance Companies WORKERS COMPENSATION
(Each A Stock insurance Company) AND
Hartford, CT 06183-4040 F:MPI r1vcRc 1 I9PTI IT" n'.)l._l`.
ENDORSEMENT WC 09 04 04 (00)-001
POLICY NUMBER (6K-UB-417K457-7-91)
FLORIDA ASSIGNED RISK PREMIUM SURCHARGE ENDORSEMENT
This endorsement is added to Part 5 (Premium). It explains the
premium you will pay for the insurance afforded by this policy with
respect to operations in Florida.
1. This policy is subject to an assigned risk flat charge of $267.
2. If your premium for Florida is at least equal to $4,000, the
entire standard premium for Florida is subject to an assigned risk
premium surcharge of 15%.
DATE OF ISSUE: 02-05-92 KK ST ASSIGN: FL PAGE 1 OF LAST
The Travelers Insurance Companies
(Each a Stock Insurance Company)
Hartlord, Connecticut
\VORKERS (:O.•1PENSA"►'lo . \\l) F:.\1l'L01 E:IZS LIABILITY INSI RANC'I•: 1)01.1C'1
In return for the pa\'ment of the premium and subject to all terms of this policy. we agree V01.1 a. 1n110\\*.
C}:\[:RAl. SECTION
A. The Policy.
This policy includes at its effective date the
Information Page and all endorsements and
schedules listed there. It is a contract of insurance
between you (the employer named in item 1 of the
Information Page) and us (the insurer named on the
Information Page). The only agreements relating to
this insurance are stated in this policy. The terms of
this policy may not be changed or waived except by
endorsement issued by us to be part of this policy.
B. Who Is Insured
You are insured if you are an employer named in
item 1 of the Information Page. If that employer is
a partnership, and if you are one of its partners, you
are insured, but only in your capacity as an employer
of the partnership's employees.
C. 'Workers Compensation Lal%
Workers Compensation Law means the workers or
workmen's compensation law and occupational
disease law of each state or territory named in item
3.A. of the Information Page. It includes any
amendments to that law which are in effect during
the policy period. It does not include the provisions
of any law that provide nonoccupational disability
benefits.
D. State
State -means any state of the United States of
America, and the District of Columbia.
E. Locations
This policy covers all of your workplaces listed in
items 1 or 4 of the Information Page; and it covers
all other workplaces in item 3.A. states unless you
have other insurance or are self -insured for such
work places.
PART ONE -WORKERS COMPENSATION INSURANCE
.A. How This Insurance Applies
This workers compensation insurance applies to
bodily injury by accident or bodily injury by disease.
Bodily injury includes resulting death.
1. Bodily injury by accident must occur during the
policy period.
2. Bodily injury by disease must be caused or
aggravated by the conditions of your
employment. The employee's last day of last
exposure to the conditions causing or
aggravating such bodily injury by disease must
occur during the policy period.
B. We Will Pay
We will pay promptly when due the benefits required
�_— of you by the workers compensation law.
`_— C. We Will Defend
We have the right and duty to defend at our expense
any claim, proceeding or suit against you for benefits
payable by this insurance.
We have the right to investigate and settle these
claims, proceedings or suits. We have no duty to
defend a claim, proceeding or suit that is not covered
by this insurance.
D. We Will Also Pay
We will also pay these costs, in addition to other
amounts payable under this insurance, as part of any
claim, proceeding or suit we defend:
1. reasonable expenses incurred at our request, but
not loss of earnings;
)3)
2. premiums for bonds to release attachments and
for appeal bonds in bond amounts up to the
amount payable under this insurance;
3. litigation costs taxed against you;
4. interest on a judgment as required by law until
we offer the amount due under this insurance;
and
5. expenses we incur.
E. Other Insurance
We will not pay more than our share of benefits and
costs covered by this insurance and other insurance
or self-insurance. Subject to any limits of liability
that may apply, all shares will be equal until the loss
is paid. If any insurance or self-insurance is
exhausted, the shares of all remaining insurance will
be equal until the loss is paid.
F. Payments You Must Make
You are responsible for any payments in excess of
the benefits regularly provided by the workers
compensation law including those required because:
1. of your serious and willful misconduct;
2. you knowingly employ an employee in violation
'of law;
3. you fail to comply with a health or safety law or
regulation; or
4. you discharge, coerce or otherwise discriminate
against any employee in violation of the workers
compensation law.
If we make any payments in excess of the benefits
regularly provided by the workers compensation law
on your behalf, you will reimburse us promptly.
C. Recovery From Others
We have your rights, and the rights of persons
entitled to the benefits of this insurance, to recover
our payments from anyone liable for the injury. You
will do everything necessary to protect those rights
for us and to help us enforce them.
H. Statutory Provisions
these statements apple where they are required h.
\. hrt�� r'n : n iniurcd ‘1.01.kei- and US. •A.
nuticr of the injury kvhen you have notice.
four default or the bankruptcy or insolvency or
you or your estate will not relieve us of our duties
under this insurance after an injury occurs.
3. \Ve are directly and primarily liable to any
person entitled to the benefits payable by this
insurance. Those persons may enforce our
duties; so may an agency authorized by law.
Enforcement may be against us or against yok
and us.
4. Jurisdiction over you is jurisdiction over us for
purposes of the workers compensation law. We
are bound by decisions against you under that
law, subject to the provisions of this policy that
are not in conflict with that law.
5. This insurance conforms lip the par!• ! 11;••
.
a. benefits pavahle by this im.ur:un•_•
b. special taxes. payments into st:LL.irit} ui
other special funds. and ass,:»mcnt.,
payable by us under that law.
6. Terms of this insurance that conflict with the
workers compensation law are changed by this
statement to conform to that law.
Nothing in these paragraphs relieves you of your
duties under this policy.
PART TWO-EMJ'l..O\ ERS 1..!ABILITY INSURANCE
A. How This Insurance Applies
This employers liability insurance applies to bodily
injury by accident or bodily injury by disease. Bodily
injury includes resulting death.
1. The bodily injury must arise out of and in the
course of the injured employee's employment by
you.
2. The employment must be necessary or incidental
to your work in a state or territory listed in item
3.A. of the Information Page.
3. Bodily injury by accident must occur during the
policy period.
4. Bodily injury by disease must be caused or
aggravated by the conditions of your
employment. The employee's last day of last
exposure to the conditions causing or
aggravating such bodily injury by disease must
occur during the policy period.
5. If you are sued, the original suit and any related
legal actions for damages for bodily injury by
accident or by disease must be brought in the
United States of America, its territories or
possessions, or Canada.
B. We Will Pay
We will pay all sums you legally must pay as
damages because of bodily injury to your employees,
provided the bodily injury is covered by this
Employers Liability Insurance.
The damages we will pay, where recovery is
permitted by law, include damages:
I. for which you are liable to a third party by
reason of a claim or suit against you by that third
party to recover the damages claimed against
such third party as a result of injury to your
employee;
2. for care and loss of services; and
3. for consequential bodily injury to a spouse, child,
parent, brother or sister of the injured employee;
provided that these damages are the direct
consequence of bodily injury that arises out of and in
the course of the injured employee's employment by
you; and
4. because of bodily injury to your employee that
_ arises out of and in the course of employment,
claimed against you in a capacity other than as
employer.
C. Exclusions
This insurance does not cover:
1. liability assumed under a contract. This
exclusion does not apply to a warranty that your
work will be done in a workmanlike manner;
2. punitive or exemplary damages because of
bodily injury to an employee employed in
violation of law;
3. bodily injury to an employee while employed in
violation of law with your actual knowledge or
the actual knowledge of any of your executive
officers;
4. any obligation imposed by a workers
compensation, occupational disease,
unemployment compensation, or disability
benefits law, or any similar law;
5. bodily injury intentionally caused or aggravated
by you;
6. bodily injury occurring outside the United States
of America, its territories or possessions, and
Canada. This exclusion does not apply to bodily
injury to a citizen or resident of the United
States of America or Canada who is temporarily
outside these countries;
7. damages arising out of the discharge of, coercion
of, or discrimination against any employee in
violation of law.
D. We Will Defend
We have the right and duty to defend, at our
expense, any claim, proceeding or suit against you
for damages payable by this insurance. We have the
right to investigate and settle these claims,
proceedings and suits.
We have no duty to defend a claim, proceeding or
suit that is not covered by this insurance. We have
no duty to defend or continue defending after we
have paid our applicable limit of liability under this
insurance.
)
Ieasonaule expeiiJes ILIUM ICU (I1 U1II I CtjLIL L, UUL
not loss of earnings:
for appeal bonds i11 ht'nfl (Inio,1111•: II1 I" Ihl` I111111
elf our hahrht) untie, llll.� iII ii1 .l...
3. litigation costs taxed against you:
4. interest on a judgement as required by km: until
we offer the amount due under this insurance:
and
5. expenses we incur.
F. Other lnsurance
We will not pay more than our share of damages and
costs covered by this insurance and other insurance
or self-insurance. Subject to any limits of liability
that apply, all shares will be equal until the loss is
paid. If any insurance or self-insurance is exhausted,
the shares of all remaining insurance and
self-insurance will be equal until the Toss is paid.
G. Limits of Liability
Our liability to pay for damages is limited. Our limits
of liability are shown in item 3.B. of the Information
Page. They apply as explained below.
1. Bodily Injury by Accident. The limit shown for
`bodily injury by accident -each accident' is the
most we will pay for all damages covered by this
insurance because of bodily injury to one or more
employees in any one accident.
A disease is not bodily injury by accident unless
it results directly from bodily injury by accident.
ttho sustain hodil� iniurt h, li�l ,r. I I li nil
employee' is the most \Vt• will pay for ;III
(i,llna`es because VI hod*. Ilitui 1 ill III •'..:� I,
any one employee.
Ifodily injury by disease (toes not include disease
that results directly from a bodily injury by
accident.
3. We will not pay any claims for damages after
we have paid the applicable limit of our liability
under this insurance.
H. Recovery From Others
We have your rights to recover our payment from
anyone liable for an injury covered by this insurance.
You will do everything necessary to protect those
rights for us and to help us enforce them.
I. Actions Against Us
There will be no right of action against us under this
insurance unless:
1. You have complied with all the terms of this
policy; and
The amount you owe has been determined with
our consent or by actual trial and final
judgement.
This insurance does not give anyone the right to add
us as a defendant in an action against you to
determine your liability.
PART THREE -OTHER STATES INSURANCE
A. How This Insurance Applies
1. This other states insurance applies only if one or
more states are shown in item 3.C. of the
Information Page.
2. If you begin work in any one of those states and
are not insured or are not self -insured for such
work, the policy will apply as though that state
were listed in item 3.A. of the Information Page.
PART FOUR -YOUR DUTIES IF INJURY OCCURS
Tell us at once if injury occurs that may be covered
by this policy. Your other duties are listed here.
I. Provide for immediate medical and other
services required by the workers compensation
law.
2. Give us or our agent the names and addresses of
the injured persons and of witnesses, and other
information we may need.
3. We will reimburse you for the benefits required
by the workers compensation law of that state if
we are not permitted to pay the benefits directly
to persons entitled to them.
B. Notice
Tell us at once if you begin work in any state listed
in item 3.C. of the Information Page.
3. Promptly give us all notices,demands and legal
papers related to the injury, claim, proceeding
or suit.
4. Cooperate with us and assist us, as we may
request, in the investigation, settlement or
defense of any claim, proceeding or suit.
5. Do nothing after an injury occurs that would
interfere with our right to recover from others.
6. Do not voluntarily make payments, assume
obligations or incur expenses, except at your own
cost.
PART FIVE -PREMIUM
A. Our Manuals
All premium for this policy will be determined by our
manuals of rules, rates, rating plans and
classifications. We may change our manuals and
apply the changes to this policy if authorized by law
or a governmental agency regulating this insurance.
B. Classifications
Itert-t 4 of the Information Page shows the rate and
premium basis for certain business or work
•
In +fitness NI hereof, tt&, eompan, has caused this policy to be signed by its ('resident and .`'rcretar) at IIart ford, ( onnucticut,
and countersigned on t e information page by a duly authorized agent of the company.
't
N•(• 00 00 001001
CP-334) Edition 4-84 Printed in U.S A. ))-8-0
""deludes copyright miner ial of the Council on Com-
pensation Insurance, used with its permission.
(.'I98? National Council on Compensation Insurance.'•