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Resolution 78-15800 RESOLUTION NO. 78-15800 A RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH OPPORTUNITIES INDUSTRIALIZATION CENTER, INC. , FOR THE PURPOSE OF EXPANDING THE COMMUNITY'S HOME HEALTH RELATED SOCIAL SERVICE DELIVERY AND PROVIDING JOB OPPORTUNITIES FOR RESIDENTS OF THE TARGET AREA, FOR A NINE-MONTH PERIOD. WHEREAS, the City of Miami Beach and Opportunities Indus- trialization Center, Inc. , desire to enter into an agreement for the purposes of expanding the community' s home health related social service delivery and also providing job opportunities for residents of the target area, and WHEREAS, said project has been allocated $30, 000 from Community Development Block Grant Funds, and WHEREAS, an appropriate agreement has been prepared and has been approved as to legal form and sufficiency by the City Attorney, which agreement sets forth the terms and conditions of said Projects, with which the City Commission is familiar, and • WHEREAS, the City Manager has recommended to the City Commission that said agreement be entered into, and WHEREAS, the City Commission deems it to be in the best interests of the City and its residents and citizens that said agreement be entered into; NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk .. be and they are hereby authorized and directed to execute with agree- ment with Opportunities Industrialization Center, Inc. , in the name of and on behalf of the City, and the disbursing officers of the City are hereby authorized and directed to disburse the monies required by the terms of said agreement from the Community Develop- ment Block Grant Funds heretofore allocated for said purpose. PASSED and ADOPTED this 20th day of December, 1978 . 4141644". / Vice Mayor Attest: City Clerk OFFICE OF THE CITY ATTORNEY- 1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 AGREEMENT • This Agreement entered into this ``.i,(., day of?/,r;. , ,:- ; 1978 by andbetweenthe City of Miami Beach, a Florida Municipal Corporation, hereinafter referred to as the "City" and Opportunities Industrialization Center, Inc. ,. a non-profit Florida Corporation, hereinafter referred to as "OIC" , WITNESSET H: Whereas, the City has entered into an Agreement with the Opportunities Industrialization Center, Inc. , for the purposes of expanding the community' s home health related social service delivery and also providing job opportunities for residents of the target area. Now therefore, the parties hereto mutually agrees as follows: I. Scope of Services • 1. Staff will consist of a 50% Program Coordinator who shall be responsible for the administration of this project and the interrelationships with the other aspects of the People Helping People Project such as the Jewish Vocational Service CETA funded Homemaker Program, the prospective. Areawide Agency of Aging grant. 2. The coordinator will be assisted by a part-time senior aide who will handle some of the administrative and programmatic details. 3. The participants in the project will consist of twelve (6) hour senior aides and three (12) hour aides who will be placed at worksites after training for friendly visiting, reassurance, and other para- professional geriatric services. Worksites will be selected from those servicing the elderly population of the South Miami Beach area such as South Beach Activity Center, Jewish Vocational Services-Nutritional Program, Rebecca Towers, Frail Elderly Program, Dade County Council of Senior Citizens, etc. These individuals will be selected mainly from the elderly population itself and will be counseled during their participation in the project in order to ensure them a successful experience. 4. Training will be provided to the Homemakers, Home • Health Aides and Reassurance Aides, by Mt. Sinai, Jewish Vocational Services, and OIC. • 5. Matching funds are included for a Title III Older Americans Act grant proposal to provide an Outreach Worker, and Homemaker Supervisor to the total, program. 6. We hope to establish a small office in the South Miami Beach area in order to be close to the population we are serving. 7. Should additional funds become available, additional Senior Aides will be deployed. II . Conditions of Services 1. The program shall serve principally those persons living within the target area, (i.e. that area of Miami Beach lying south of Dade Boulevard, excluding Palm Island, Hibiscus Island, Star Island, Terminal Island and the islands on the Venetian Causeway) . 2 . Records of patient treatment shall be kept in such manner acceptable to both parties as shall make it possible to compile such quarterly reports as may be necessary in order to fully evaluate program as to eligibility of persons served, number and basic data of persons served, and nature of service provided. 3 . In staffing the program, OIC agrees that to the extent that it staffs the program with personnel not presently employed by said party, it will take affirmative action in attempting to staff the progra°i with persons of low income, residing in the City of Miami Beach, provided that the costs of advertising to secure applications from such persons shall be borne by the party of the second part. The party of the first part further agrees that it will not discriminate on the basis of race, creed, color or national origin in staffing the program. III. Term of Agreement This Agreement shall be deemed effective upon approval by the Department of Housing and Urban Development area office of the use of these funds for public services, and shall continue for a period of nine (9) months thereafter unless ter- • minated prior to that time under the termination provision hereafter set forth. . - 2 - IV. Termination • Both parties agree that this agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least sixty (60) days prior to effective date of such termination. The City may suspend payment of the project in whole or in part for cause. Cause shall include the following: (1) failure to comply with either the terms or conditions of this agreement; (2) submission to the City of reports which are incorrect or (3) if for any reason the implementation of this agreement is rendered impossible or infeasible. V. Subsequent Changes Any alterations, variations, modifications or waivers of provisions of this agreement shall • only be valid when they have been reduced to writing and duly signed by both parties. VI. Method of Payment • The City agrees to fund the program to the extent of the sum of Thirty Thousand Dollars ($30,000) payable as follows: 1. The City agrees to reimburse OIC for expenditures incurred under this contract on a monthly basis in accordance with the attached budget. (Schedule A) Line item transfers not to exceed 15% of that line item may be made without prior written approval of the City. 2. OIC will submit requests for payment no later than the fifth working day of the succeeding month and the City will provide reimbursement upon approval within the (10) working days after receipt of the same. 3. The City agrees to advance one ninth of the contract amount ($3, 333) within five working days oft. -the effective date of this contract in order to avoid cash flow problems in the part of the OIC. VII. Indeminification OIC shall indemnify and hold harmless the City, from any and all claims, liability, losses andcauses of • - 3 - . action which may arise out of this agreement. OIC directly or through its insurance carrier shall pay all claims and losses of any nature • whatsoever in connection therewith and shall defend all suites, in the name of the City when applicable and shall pay all costs and judgements which may issue thereon. • VIII. Conflict of Interest OIC convenants that no persons, under its employ who presently exercises any functions or respon- sibilities in connection with Community Develop- ment funded activities, has any personal financial interests, direct or indirect, in this agreement. OIC further convenants that, in the performance of this Agreement, no person having such con- flicting interest shall be employed. Any such interest, on the part of OIC or its employee shall be disclosed, in writing, to the City. IX. Reporting Requirements Maintaining credibility for the Community Develop- ment effort rests heavily on the ability to produce an impact in every target area through progress in accomplishing scheduled activities. An effective method for maintaining project progress against a previously established schedule is through frequent project reporting. Project reporting will consist of both written reports and staff discussions on a regular basis. Contents of the monthly report for operational activities shall include, but are not limited to, the following items : (a) A general narrative report including comparisons of planned versus actual progress and any output measures. (b) Problems or difficulties encountered in carrying out the activity and any recommendations or remedial actions undertaken to solve the problem. (c) Basic data of persons served. Quarterly reports shall be submitted to the City no later than ten (10) working days after the end of the quarter. Status reports on activities will be discussed by OIC and the City Administration as deemed necessary. • - 4 - • X. Audit and Inspections At any time during normal business hours and as often as the City 'Administration 'and/or ' the Comptroller of the United States may deem necessary, there shall be made available to the City Administration and/or representatives of the Comptroller to audit, examine and make audits of all contracts, invoices , materials, payrolls, records for personnel, conditions of employment and other data relating to all matters covered by this Agreement. XI. Compliance with Local, State and Federal Regulations . As the City of Miami Beach is providing this funding through Federal Community Development Block Grant funds, all parties agree to comply with the following Federal regulations as they apply. The regulations are incorporated herein by reference. Section 3, Housing & Urban Development Act of 1968 , 24 CFR 135. 20 (b) : Equal' Employment Opportunities for Business and Lower Income Persons. (Attachment I) Equal Employment Opportunity Clause for Contracts not subject to Executive Order 11246 (Attachment II) • Flood Disaster Protection Act of 1973 Hud Lead-Based Paint Regulations, 24 CFR Part 35 Clean Air Act, as amended, 42 USC 1857 et seq Federal Water Pollution Control Act, as amended 33 USC 1251 et seq Regulations of Environmental Protection Agency, • 40 CFR Pt 15. Federal Labor Standards, 29 CFR Parts 3,5, and 5a. Nondiscrimination under Title VI of Civil Rights Act of 1965. Federal Management Circular 74-4 "Cost principles applicable to grants and contract with State and Local Governments" . Office of Management and Budget, Circular No. A-102 "Uniform Administrative Requirements for grants-in- aid to State and Local governments" . Hatch Act • Additionally the agency will comply with all state and local laws and ordinances applicable hereto. XII. Additional Conditions of Compensation. It is expressly understood and agreed by the parties hereto/that monies contemplated by this Agreement to be used for the compensation, originate from grants of Federal Community Development Block Grant funds. It is expressly 'understood and agreed that in the event of curtailment of nonproduction of said Federal - 5 - grant funds , that the financial sources necessary to continue to pay OIC compensation will not be available and that this Agreement will:thereby terminate effective -as of the time that it is determined that said funds are no longer_. available. ,. • In .the -event of such determination, OIC agrees that it will not look to -nor seek to hold liable the City of Miami Beach as an entity or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. ATTEST: CITY OF MIAMI BEACH 0))/( City Clerk Elayne Weisburd, Vice Mayor • WITNESSES: OPPORTUNITIES INDUSTRIALIZATION CENTER, INC. 9 6 • I I � i;224, P 119 P Milton Zat' s y AOPF Deputy Director ff: - 6 - SCHEDULE A :; BUDGET . People Helping People Program For a period of nine months SALARIES 50% Program Coordinator @ $9,000 6750 Senior Aide @ $2,500 1950 8700 Fringes 735 Total Salaries 9435 STIPENDS Friendly Visitor and Reassurance Aides 12 6 hr. senior aides @ $2.90 hr. 8143 3 12 hr. " " n n n 4072 Total Stipends 12,215 TRAINING • Health Training CETA Homemakers, Home Health Aides and Reassurance Aides Mt. Sinai 1,000 J.V.S. 1,000 O.I.C. _ 1,000 Total Training 3,000 MATCH FOR TITLE III OLDER AMERICANS ACT 2,100 ADMINISTRATION Office rental, telephone, office supplies, bookkeeping, travel, conferences, lease typewriter 3,250 30,000 • t C SECTION 3 CLAUSE A. The work to be performed under this contract is on a project assisted,; .• under a program providing direct Federal financial assistance from the Department of Housing-and_Urban Development and is subject to the requirements of Section 3 .of the Housing and Urban Development Act of 1968, as amended, 1! U.S.C. 170u. Section 3 requires that to the greatest extent feasible.opportunities for training and employment he given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, and all appli- cable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspic- uous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 Clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding ;;,' that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR. The contractor will not subcontract with any subcontractor where it has notice or . \knowledge that the latter has been found in violation of regulations under 24 CFR, and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the appli- cant or recipient, its contractors and subcontractors, it successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. • t.'t. /t Tr'a nme "1- LL ., .',� .�, , .` ,. , ;.EQUAL. EMPLOYMENT .OPPORTUNITY_ CLAUSE . , FOR CONTRACTS NOT SUBJECT TO EXECUTIVE ORDER 11246 • • In carrying out the contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to insure that applicants for employment are • employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion,'or transfer; recruitment or recruit- ment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor shall post in conspicuous places, available to employees • and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The contractor shall state that all qualified candidates will receive consideration for employment without regard to race, color, religion, sex, or national origin • • • • • • • • 1 • • • • • RESOLUTION NO. 78-15800 (AUTHORIZING AGREEMENT WITH OPPORTUNITIES INDUSTRIALIZATION CENTER, INC FOR EXPANDING COMMUNITY"S HOME HEALTH RELATED SOCIAL SERVICE DELIVERY ) 111111111