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RESOLUTION 91-20251 RESOLUTION NUMBER 91-20251 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE MIAMI BEACH DEVELOPMENT CORPORATION (MBDC) , A NON- PROFIT FLORIDA CORPORATION, FOR THE PURPOSE OF FUNDING A SMALL BUSINESS COUNSELING, TRAINING AND TECHNICAL SUPPORT PROGRAM BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, the City of Miami Beach, hereinafter referred to as the "City" , is authorized by Commission Memorandum Number 5467 , dated January 21, 1976, to prepare an Application for a Community Development Block Grant, hereinafter referred to as "CDBG Funds" and to design and implement such systems as are necessary to insure that the Community Development Program is developed, conducted and administered in accordance with Title I of the Housing and Community Development Act of 1974 , as amended; the Urban-Rural Recovery Act of 1983 ; and the Housing and Community Development Act of 1987, and any Federal Regulations promulgated thereunder, as well as applicable State and Local Authorities, and in such capacity is authorized to enter into and execute Agreements with other departments and agencies within the City; and WHEREAS, the City has duly submitted the Year Sixteen Final Statement of Objectives and Projected Use of Funds to the U.S. Department of Housing and Urban Development which identified $1, 894 , 264 in available CDBG resources for Year Sixteen projects, of which $1, 771, 000 are Year Sixteen entitlement funds, $109 , 264 in funds reprogrammed from prior year' s funds, and $14 , 000 in program income available for Year Sixteen projects; and WHEREAS, on January 10, 1991, the City sent to the U. S . Department of HUD (Jacksonville Office) MBDC ' s proposed activities and budgets, and requested a written determination on the eligibility, feasibility, and reasonable/appropriateness of this activity; therefore, this activity will be contingent on HUD' s review and approval of such; and WHEREAS, on February 13 , 1991, the City notified the U.S . Department of HUD that it had amended its "CDBG Year 16 Final Statement of Objectives and Projected Use of Funds" in order to add several new activities including the one herein referenced; and WHEREAS, the City desires to enter into a contract with the Miami Beach Development Corporation, hereinafter referred to as the "Provider" , for the purpose of funding a Small Business Counseling, Training and Technical Support program; and WHEREAS, the Provider will receive a total amount of Thirty Nine Thousand One Hundred Twenty dollars ($39, 120) from Year Sixteen CDBG funds, to be used for the above stated purpose; and WHEREAS, the CDBG funds are conditional upon the approval for release of funds from the U. S . Department of Housing and Urban development; and WHEREAS, the City Manager has recommended to the City Commission that said Agreement be entered into; 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 project; 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 are hereby authorized and directed to execute an Agreement with the Miami Beach Development Corporation, on behalf of the City, and the disbursing officers of the City are hereby authorized and directed to disburse the funds required by the terms of said Agreement from CDBG funds hereafter allocated for said purpose. PASSED AND ADOPTED THIS 20th DAY OF February , 1991. MAYO ATTEST: FORM APPROVED LEGAL DEPT. e - Date /.57 ft CITY CLERK eal i44ft e FLORIDA.4!^-1---PI,;ii;\ 3 3 1 3 9 ii* INCORP 1ORATED)* .'V.4 C.4 TIO.\L.4 ND U. S. A. .,,,, H 26'. OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. DATE: TO: Mayor Alex Daoud and Members of the City Commission FROM: Rob W. Parkins City Manager • TWO (2) CONTRACTUAL AGREEMENTS WITH THE MIAMI SUBJECT: APPROVAL OF BEACH DEVELOPMENT CORPORATION (MBDC) , IN ORDER TO IMPLEMENT THE NEW YEAR SIXTEEN (16) COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITIES ENTITLED: 1) SMALL BUSINESS COUNSELING, TRAINING, AND TECHNICAL SUPPORT PROGRAM, AND 2) LINCOLN ROAD COMMUNITY ECONOMIC DEVELOPMENT PROGRAM Commission adopted Resolution On July 11, 1990, the City Comm 90-20037 which P approved the "Final Sixteen (16) Community Development Statement of • Funds" for the program year which commenced Objectives Ives and Projected Use o f 19 91 . Subsequent to 1990, and continuesq on October 1, through September 30, City ,� Statement" was submitted and accepted by Commission approval , the "Final Housing and Urban Development. Also, on . 2/13/91, the U. S . Department of Hou g HUD. In order to Implement amendments to this "Statement" were submitted totent it is necessary to prepare and execute contractual these new projects, at this time two new agreements for such. Therefore, contractual agreementsFund 136 - Year 16 CDBG are recommended for approval . Funds are available in program. BACKGROUND: has worked early October, the Administration very closely with the, • Corporation (MBDC) following Commission directives to Miami Beach Development lems and et the organization back to work. resolve certain prob g Six (6) programs were discussed by Economic and Community Development staff withthe officials in the HUD Area Office. and representatives of MBDC to ineligibility, MBDC' s proposed osed activities were ruled out due g Several of MBD P including MBDC' s proposed Ocean Drive Assistance Program. The contracts presented today are the culmination of a long series of discussions with the U.S . Department of HUD. NEW/MODIFIED MBDC PROGRAMS ACTIVITIES: On January 10 , 1991 , City the sent the four (4) programs that MBDC proposes ���---�-�� -Trite current year, to U. S . HUD requesting a formal written to undertake in the . feasibility, and reasonable/ determination on the: eligibility, f y' not budgets. As of this date, we have appropriateness of the proposed received HUD' s determination. Therefore, any contracts approved by the City Commission • , must be subject approval to a roval by the U. S . Department of HUD. AGENDA 62 3 - ITEMT,.... i--) . DATE 2 COMMISSION MEMO PAGE 2 On January 23 , 1991, the Commission approved a contract with MBDC, @ $322 , 262 for two of the four activities, i . e. the Commercial Revitalization Program which contains two (2) components: A) Facade Renovation Program on Washington Avenue/Lincoln Road, and B) State Loan Program. ANALYSIS: MBDC was originally authorized by the City Commission to receive a total of $477 , 000 this fiscal year (Year 16) , pursuant to Resolution No. 90-20037 adopted on July 11, 1990, as follows: Commercial Revitalization Program $289 , 799 Home Ownership Program 137 , 201 Lincoln Road Program 50, 000 Total $477 , 000 The Home Ownership allocation @ $137 , 201 is still under question by HUD and the City is prohibited from contracting this amount with MBDC. The original Lincoln Road allocation @ $50, 000 is for hard costs, for the design of an as yet unspecified capital improvement project. In lieu of the Home Ownership Program, MBDC has requested a re-allocation of the funds into the two programs described below. However, it should be noted that on 1/23/91, MBDC' s Commercial Revitalization contract was awarded in the amount of $322 , 262 , of which $222 , 262 came from Year 16 and an additional $100, 000 in hard costs from the prior year (Year 15) . NEW CONTRACT AMOUNTS/TIME FRAMES: As indicated previously, it is proposed that two (2) contracts be entered into with MBDC to provide for the following two (2) activities: 1) Small Business Counseling, Training and Technical Support Program @ $39 , 120. 2) Lincoln Road Community Economic Development Program @ $165, 998 of which $107 , 318 are for hard costs, and $58 , 680 are for soft costs. Approval of these contracts will allow the organization to come back to its full staffing capacity. In addition, a $35, 000 grant from Greater Miami Neighborhoods will allow the temporary restoration of the Home Ownership Program, and will actually increase the MBDC staff by one additional position. TOTAL RESTORATION OF MBDC FUNDS: As previously stated, MBDC was orginally authorized by the City Commission to receive a total of $477 , 000 this fiscal year, Year 16 . Based on the contract you approved on 1/23/91 and the two contracts recommended for approval at this Commission Meeting, MBDC ' s Year 16 CDBG allocation will be totally restored as follows: Commercial Revitalization Program $222 , 262 Retroactive Amount Pending 49 , 619 Small Business Counseling, Training and Technical Support 39 , 120 Lincoln Road Community Economic Development 165, 999 Total $477 ,000 Additional Commercial Revitalization Program Facade Costs 100, 000 Total Resources Currently Available to MBDC $577,000 COMMISSION MEMO PAGE 3 LINCOLN ROAD PROGRAM: The Lincoln Road Program that you considered on 7/11/90, has changed substantially, thus requiring an amendment to the Year 16 CDBG "Final Statement" , as described later in this document. In addition to the Direct Technical Assistance component, i .e. direct technical assistance to 12-20 eligible Lincoln Road owners/merchants, MBDC will : undertake the design and implementation of a physical public improvement program for Lincoln Road. This program will provide a Capital Improvement activity, which includes as the initial phase of an overall program, a signage and identification program to improve the visibility and accessibility of merchants. A specific amount of money is set aside in this contract @ $30, 000 to implement the initial signage and lighting program. MBDC will also provide coordination of a consultant contract to develop architectural/engineering drawings for improvements to Lincoln Road, and develop a mitigation plan that would assist the affected businesses to remain solvent during physical construction. FINAL STATEMENT AMENDMENT REQUIRED: In accordance with HUD Regulations at 24 CFR 570 . 305 , the CDBG "Year 16 Final Statement of Objectives and Projected Use of Funds" is being amended to allow MBDC to undertake these activities that were not previously approved and published in the "Final Statement" . The Community Development Advisory Committee (CDAC) endorsed these two (2) new activities at their January 29 , 1991 meeting. The applicable advertisement appeared in the Miami Herald on January 3rd, with a comment period. The amendment package has been sent to U.S . HUD, but its receipt has not yet been acknowledged. MBDC is still under extensive review and monitoring by HUD. The types of programs which MBDC has been very good at, such as marketing and promotion, are NOT ELIGIBLE for CDBG funding. The organization must therefore seek other sources of funds to continue these activities. SPECIAL ASSESSMENT DISTRICT: The administration will continue to work with MBDC to seek out other funding sources including the formation of an assessment district for marketing/management and promotion in areas like Ocean Drive. Per the attached MBDC packet, the organization has asked that the Administration return, together with MBDC, in ninety days with an initial assessment district program including a possible budget, geographic area and a recommended method of assessment. The Administration stresses the fact that there will be City staff costs in the set-up and the administration of such a program, and these costs are not currently budgeted and must be addressed. ADMINISTRATION RECOMMENDATION: To authorize the execution of two (2) contractual agreements with MBDC, contingent upon approval of the U.S. Department of HUD, to implement the newly amended Final Statement for the Year Sixteen (16) CDBG activities entitled: A) Small Business Counseling, Training and Technical Support Program, and B) Lincoln Road Community Economic Development Program. Also, to direct the Administration to work with MBDC to develop an initial assessment district program, budget, geographic area, and method of assessment; and return to the City Commission in ninety (90) days with a report on this, plus any cost estimates for related City administrative costs. AGREEMENT This Agreement is entered into this 20th day of February, 1991, by and between the City of Miami Beach, a Florida municipal corporation, having its principal office at 1700 Convention Center Drive, Miami Beach, Florida, hereinafter referred to as the "City" , Y , and the Miami Beach Development Corporation, hereinafter referred to as the "Provider. " WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S . Department of Housing and Urban Development for the purpose of conducting a Housing and Community Development Program with federal financial assistance under Title I of the Housing and Community Development Act of 1974 , as amended; the Urban-Rural Recovery Act of 1983 ; and the Housing and Community Development Act of 1987 , hereinafter called "Act" ; and WHEREAS, the City has determined through its Year Sixteen Final Statement of Objectives and Projected Use of Funds, as amended, the necessity for funding a Small Business Counseling, Training and Technical Support Program; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith: NOW, THEREFORE, the parties hereto agree as follows: SECTION I: SCOPE OF SERVICES - SMALL BUSINESS COUNSELING, TRAINING AND TECHNICAL SUPPORT PROGRAM A. The Provider agrees to implement the Year 16 Small Business Counseling, Training and Technical Support Program in accordance with the projected accomplishments and budgets attached and made a fully binding part of this Agreement, as Appendix 1. B. The Provider shall provide direct technical assistance to a minimum of 40 eligible commercial businesses which serve low and moderate income residential areas, south of Dade Boulevard in Miami Beach. Of those forty businesses, a minimum of twelve (12) must be located on Lincoln Road. C. The direct technical assistance rendered to businesses must be extensive one-on-one guidance, counseling or teaching in areas such as business management, accounting, expansion, retention, or legal issues. Proper documentation shall support the assistance needed/required by each business. This documentation shall include, but is not necessarily limited to, an in depth description of the nature and amount of the technical assistance rendered, the reason for rendering such assistance, a description of how this assistance is expected to provide public benefit to the low and moderate income residential area, intake forms, narrative progress reports, P , feasibility studies and implementation schedules for expansion or retention of businesses, and time sheets that reflect the amount of staff time provided to each business. D. The Provider will provide eligible commercial businesses with opportunities to utilize the consulting and training services of the Florida International University (FIU) Small Business Development Center. However, since such assistance is considered "indirect technical assistance" , referral of a business by the Provider to the FIU Small Business Development Center will not constitute achievement of stated technical assistance goals for the Program. E. In order to ensure that any direct technical assistance does not unduly enrich a for-profit business, the Provider shall conduct, to the satisfaction of the City, an analysis to determine that the amount of any assistance to be provided is not excessive, taking into account the actual needs of the 2 business in making the project financially feasible and the extent of public benefit expected to be derived from the project. For each business, the Provider shall document, to the City' s satisfaction, the analysis as well as any factors it considered in making its determination that the assistance is necessary or appropriate to carry out the project. The Provider must maintain sufficient documentation on each assisted business showing that the amount of assistance provided is not unreasonable relative to the amount of public benefit expected to be gained. This documentation must include a extensive description of how the technical assistance is expected to provide public benefit, and the nature and amount of those benefits. SECTION II: CONDITION OF SERVICE The Provider hereby agrees to the following: A. The Program shall serve eligible low and moderate income persons living primarily within Miami Beach, but principally in those areas containing a high concentration of such persons. B. The Provider shall maintain in its file the documentation on which basis it determines that the project benefits low and moderate income persons, minorities and residents of Miami Beach. Such records shall include, but not be limited to, the following: 1. Profiles identifying financial classification, head of household, ethnicity, race and gender, or area benefit data, as required. 3 • 2 . An outreach plan which insures equitable participation by all eligible Miami Beach residents, and delineates steps taken to solicit increased participation of minority groups. C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to the following: 1. Logging citizen comments or complaints when received. 2 . Copies of comments and/or complaints received in writing. 3 . Copies of responses to complaints and/or explanations of resolutions to complaints. D. The Provider shall comply with the following attachments to the Office of Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" , incorporated by reference into this Agreement. 1. Attachment A, "Cash Depositories" , except for paragraph 4 concerning deposit insurance. 2 . Attachment C, "Retention and Custodial Requirements for Records" , except that in lieu of the provisions in paragraph 4 , the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in 570 . 507 , in which the specific activity is reported on for the final time. 3 . Attachment E, "Bonding and Insurance" . 4 4 . Attachment F, "Standards for Financial Management Systems" . 5. Attachment H, "Monitoring and Reporting Program Performance" , paragraph 2 . 6. Attachment N, "Monitoring Management Standards" , except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in which personal property is sold, the proceeds shall be "program income" and that personal property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 7 . Attachment 0, "Procurement Standards" . E. The Provider shall comply with the requirements and standards of the Office of Management and Budget (OMB) Circular No. A- 122 , "Cost Principles for Non-Profit Organizations" , or OMB Circular No. A-121 "Cost Principles for Educational Institutions" , as applicable, incorporated by reference into this Agreement. F. The Provider shall abide by those provisions of 24 CFR Part 570 Subpart J, when applicable, incorporated by reference into this Agreement. G. No expenditures or obligations shall be incurred for the program prior to approval and release of funds from the U.S . Department of Housing and Urban Development. Further, it is expressly understood that in the event no funds are released from the U.S . Department of Housing and Urban Development in 5 connection with this Program, then the City is not liable for any claims under this contract. H. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits of the program on the ground of race, color, national origin or sex. I. The Provider 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 employ low income persons residing in the City of Miami Beach, particularly minority group members. J. The Provider shall comply with the provisions of 24 CFR 570.504 (c) , "Program Income" , gross income directly generated from the use of CDBG funds. In those instances where the City allows the sub-recipient to retain program income, these funds shall be expended for CDBG eligible activities, previously approved by the City in accordance with the projected accomplishments and budget descriptions attached to this Agreement. K. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of Economic Development Activities" , attached hereto and made a part hereof as Appendix 2 , if applicable. L. The Provider shall comply with First Amendment Church/State principles, as follows: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. 6 2 . It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 3 . It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4 . The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations. 5 . The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. M. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. The following restrictions and limitations apply to any real property under the Provider' s control which was acquired or improved in whole or in part with CDBG funds in excess of $25, 000: 1. Any real property under the Provider' s control must be used to meet one of the National Objectives in the CDBG Regulations, Part 570 . 208 until five years or such longer 7 period of time as determined appropriate by the City after expiration of the Agreement. 2 . If the real property is sold within the period of time specified above, the property must be disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property, less any portion thereof attributable to expenditures on non-CDBG funds for acquisition o f, or improvement to, the property. Such reimbursement is required. N. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the project, research reports, and similar public notices prepared and released by the Provider shall include the statement: "FUNDED BY THE CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM" In written materials, the words "CITY OF MIAMI BEACH COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ADMINISTERED BY THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT" shall appear in the same size letters or type as the name of the Provider. 0. The Provider shall ensure the following when entering into a sub-contract agreement: 1. The full correct legal name of the party shall be identified. 2 . The "Scope of Services" shall describe the activities to be performed. 8 3 . The amount of the sub-contract agreement, price components, method of payment, and funding sources shall be detailed. 4 . A provision requiring compliance with all regulatory requirements of this Agreement shall be incorporated. 5. Written approval from the City shall be received prior to any expenditures being incurred under the sub-contract agreement. Failure to obtain prior approval will release the City of any obligation to reimburse the Provider for any costs incurred. P. The Provider shall maintain sufficient records in accordance with 24 CFR 570. 502 and 570. 506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: 1. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income. 2 . Time sheets for split-funded employees, which work on more than one activity, in order to record the CDBG activity delivery cost by project and the non-CDBG related charges. 3 . How the Statutory National Objective (s) and the eligibility requirement (s) under which funding has been 9 received, have been met. These also include special requirements such as necessary and appropriate determinations, income certifications, written agreements with beneficiaries, where applicable. Q. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the three year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after close-out of this Agreement, of the address where the records are to be kept. SECTION III: TERM OF AGREEMENT This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of Housing and Urban Development and being duly executed by both parties, whichever is later, and shall continue through September 30, 1991. SECTION IV: TERMINATION The City and the Provider agree: A. This Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (3 0) days prior to the effective date of such termination. 10 B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon the termination conditions. A written notification shall be required and shall include the following: reason for the termination, the effective date, and in the case of a partial termination, the actual portion to be terminated. However, if, in the case of a partial termination, the City determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate such in its entirety. C. The City may place the Provider in default of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. 1. Cause shall include, but not limited to, the following: a. Failure to comply and/or perform in accordance with this Agreement, or any federal statute or regulation. b. Submitting reports to the City which are late, incorrect or incomplete in any material respect. c. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City' s monitoring of the sub- recipient, and applicable HUD rules and regulations. 11 2 . The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include actions taken by the City, such as withholding of payments, actions to be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. 3 . The City shall notify the Provider in writing when sufficient cause is found for termination of this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in writing, appealing the termination prior to final action being taken by the City. D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds by the U.S. Department of Housing and Urban Development, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. E. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequently. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancelable, and 12 2 . The costs would be allowable if the award were not suspended or expired normally at the end of the Agreement in which the termination takes effect. F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City' s determination if any amounts are to be repaid to the City or if additional amounts are due the Provider. SECTION V: AMENDMENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced to writing and duly signed by both parties. Any changes which do not substantially change the scope of the project and/or the Project Implementation Schedule or increase the total amount payable under this Agreement, shall be valid only when reduced to writing and signed by the City Administration and the Provider. The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless and until the City officially, in writing, approves such expenditure by executing a written modification to the original Agreement. SECTION VI: METHOD OF PAYMENT A. It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall not exceed Thirty Nine Thousand One Hundred Twenty dollars ($39 , 120) . . 13 B. Such funds must be expended during the term of the Agreement, and any remaining balance of funds shall revert to the City. Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1. 1. The Provider shall submit monthly requests for payment for actual expenditures incurred, less the amount received for projected expenditures, no later than the tenth (10th) day of the succeeding month and the City will provide reimbursement, upon approval , within ten (10) working days after receipt of same, if submitted by the deadline date for inclusion on the drawdown request. 2 . The City agrees to pay the Provider for expenditures incurred under this Agreement on a monthly basis in accordance with the Budget and Project Implementation Schedule attached hereto and made a part hereof as Appendix 1. Line item transfers are allowable only with prior written approval of the City. SECTION VII: CONFLICT OF INTEREST The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities in connection with Community Development-funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR 570 . 611 "Conflict of Interest" , and the State Statutes governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This s 14 disclosure shall occur immediately upon knowledge of suchp ossible conflict. The City will then render an opinion which shall be binding on both parties. SECTION VIII: INDEMNIFICATION The Provider, through an insurance carrier, shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action which may arise out of the Agreement. The Provider, through its insurance carrier, shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the City, when applicable, and shall pay all costs and judgments which may issue thereon. The Provider, through an insurance carrier, shall provide a General Liability Policy with coverage for Bodily Injury and Property Damage, in the amount of $500, 000 single limit; and the City of Miami Beach shall be named as an additional insured followed by the statement: "This coverage is primary to all other coverage carried by the City covering this specific agreement only." The Provider shall hold proof of Workers ' Compensation Coverage as per statutory limits of the State of Florida. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All insurance coverage shall be approved by the City' s Insurance Manager prior to the release of any funds under this Agreement. Further, in the event evidence of such insurance is not forwarded to the Insurance Manager within thirty (30) days after the 15 execution of this Agreement, this Agreement shall become null and void and the City shall have no obligation under the terms thereof unless a written extension of this thirty (30) day requirement is secured from the Insurance Manager. SECTION IX: REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in low/moderate income areas, through progress in accomplishing scheduled activities. An effective method for maintaining project progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis including quarterly meetings with all parties of interest attending for the purpose of insuring effective contract execution. The Provider also assures prompt and efficient submission of the following: A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include the request for payment when applicable. Contents of the Monthly Report, attached hereto and made a part hereof as Appendix 3 , shall include but not necessarily be limited to the following: 1. The Narrative Report Form. 2 . The Financial Summary Form, which shall include the request for payment and documentation, as applicable. 3 . The Client Profile Form. 4 . Time sheets for split-funded employees, in accordance with Section II, Paragraph P, 2 , of this Agreement. 16 B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the Statutory National Objective and the eligibility requirements were met, must be submitted by the Provider to the City' s Community Development Division for review and approval . The contents of same shall include a cumulative total of the data submitted during the program' s operation. Further, such report shall include statistical findings which depict program efficiency; i.e. , the number of dollars spent, including non-CDBG funding sources, to render actual service to program recipients, and an overall evaluation of the program' s effectiveness, and quantitative results. The final report will be evaluated and the Provider will be notified if additional data is necessary or that the project/activity is considered "closed-out" . Other Reporting Requirements may be required by the City in the event of program changes, need for additional information or documentation and/or legislation amendments. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may be considered by the City as sufficient cause to suspend CDBG payments to the Provider. SECTION X: AUDIT AND INSPECTIONS At any time during normal business hours and as often as City and/or Federal Government representatives may deem necessary, there shall be made available to representatives of the City and/or the Federal Government to review, inspect or audit all records, documentation, and any other data relating to all matters covered by the Agreement. 17 An annual organization audit shall be submitted to the City 120 days after the end of the Provider' s fiscal year. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB Circular A-133 or OMB Circular A-128 , as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such close-out. SECTION XI: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. SECTION XII: SPECIAL CONDITIONS FOR FUNDING The City, as it proposed in its October 26, 1990 letter to the U.S . Department of HUD, will apply the following special conditions, before the release of any funds under this Agreement: A. The Provider will be the subject of "intensive monitoring" by both Dade County and the City. This monitoring includes: 1. A revised and more comprehensive timekeeping system to better account for staff time towards funded activities. 2 . Authorization and pre-approval by the City in writing for all CDBG funded programs and any changes in scope. B. Payments will be made only on a strict reimbursement basis, upon provision and review of adequate documentation. 18 C. The City and the Provider shall identify categories of program services (both CDBG) eligible and non-CDBG eligible) and a system of allocation that will assure reliable cost measurements and reasonable and customary service delivery costs for each program. D. The Provider shall be on a six (6) month probationary period from the effective date of this Agreement, at the end of which, the performance of each program element will be evaluated by the City Administration to determine compliance with this Agreement. E. The City and MBDC' s staff will initiate information and orientation sessions, and materials for MBDC Board members to familiarize them with Federal Regulations relative to conflicts of interest. F. The City will provide additional technical assistance to the MBDC staff. G. The funding of this agreement is subject to and conditioned upon HUD' s review and approval of this activity. SECTION XII: ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for the compensation, originated from grants of federal Community Development Block Grant funds, and must be implemented in full compliance with all of HUD' s rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined 19 that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City 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: THE CITY OF MIAMI BEACH, FLORIDA • %-Y6\AC CITY CLERK MAYOR FO'M APPROVED LEGAL DEPT. By 11001 - 7,51-- WITNESSES: /y(SZEL... Date ..� _ to,z vv,1MIAMI BEACH DEVELOPMENT CORPORATION (MBDC) Ovitt411 /11(11LAAAL /AUTHORIZED SIGNATOR MBDC.TA 20 APPENDIX 1 BUDGET SUMMARY SHEET MIAMI BEACH DEVELOPMENT CORPORATION SMALL BUSINESS COUNSELING, TRAINING, Finding Year 16 Date Submitted Feb , 1991 Project Operator TECHNICAL SUPPORT • Catego February 20% 1991 thru September 30, 1991 Number Category Breakdown CD Funds Other Funds Other Funding Sources Total Funds Salaries & Benefits 26,000 BUDGET TO BE REVISED TO INSERT 1 Consultants & OTHER FUNDING SOURCES 2 Contract Services 1,350 Org. Audit space Rental3 5,713 Equipment Lease 4 or Purchase , _ � 5 Travel ) . , Other Operating � 6 Expenses 6,057 - Materials RehabifflatiOn 8 . Real Property _____ 9 Acquisition .......,...:.:.::::......::::,..:::::..,,. .. „:,.. .................„......,..:.::::::::•::::::•:•:::::,?..,J,Iii...::.:::::.*::::::::.::.•::::::::i::.::::::::::::: .::..--::-. : .. ; ,;.::••• ...,.....:::•••••::•:••••••••-•:..i.'..••••••:••••••:•;',...-:.:::::::•:•;•;,•••;:•*:;,.::::*::::•••••••••••••:*••.::::::•::•:::::::::::::-:::::::*:::::::::i , .:. .. -•:-:.........,:.:••••i•:•••••i:•:::::::::.,-:•.:;•••:::•:••••:•::::::•;::::.;:::••••••••••••: :•••••••••......::.;.•••••:.........:::::::::::::::::.::.:•::i.....:• ::.:•::,......„*.„...ii,ii,..,:i„,•,...::::.::::.•:•:•:,•::::::1;•:..,::,„,,,.....„..,„„:.,....:,,,.:„.„.:•,.:„:„...::! ..:::.,-...„...,. ... . ... . . .,:::::::::::•::::::::::::::::::::::::::::•:•:•:•::::::::::::::•:::::::::::::: ::.......................„,..:::::-.......::::::::::::::„.....„.....:::::::.......„......„..„:„......,......„:„........:„.........:„............,........,.....„.............,.....: .. ... . CD Funds: .:.,...:::::.:::::...:.:::::::.....„.....,..„.::::::,.........::::::::.:::::::::::: ::::::::::::........,::::::::::::::::::::::::::::::::::,:::::::::„......::::::::::::::::::„,::::„„.:,.,....,...:,....,.. . . , •••.:•:::::.:: :::•.1.-illi•ii::ik::: :•••!:.:::ii.i::ii :.......:.,.....-.............:.:-..:::::::::::::.*.:::: Total ::::::.::::::::....::::::::::::::::::..1.::::::i.:::::::::::::::::.:::m::........:0:::::g:.............:::.::: ;............................,,...,.........:....-.2 ::::::•,.::::::.,::::::::.:,.........::::::::::::.:•:.:::::::::::.:..:i..::::::::i.:.:....:.: ...-•..--- . ... ....- 39,120 •••• ••••••••••••••••.....•••••••....................... .................................................. ................,............................................... ....... . •• •••• ••••••••••••••• •••••••••••••••••••••••••• •••...•...•.•.....•.•...•• -.......::......'''''''''.... .......... • • ...:','-'.:.---........::::::::.--:::.:::::::::::::::::::R..::::::::::: ::::.:::.:::..........i.....i*...:::::.::::...,...,,,,,,,..,:::,.,,.,, ..:::::..... ........:::: ::::.:•.::::::::::::::.:.i.:.:ii...::.::::.:.::.:i....::.:....:.......i., ., :::::::.::::::i.:i::::::....:::: : .:...,„,ff,......,...,........::::. ....:::::::.....z......:::::: ::...... ,,,:,,,, •-... . .. Iiii.::::::.::::::-.......:::::::..:.. ..:.:: .*:.*:::.:.i.:::::::::Pii::::::::MMI:',.........::.::.!!,.::::•i•: ::i. :.•-:-:::.:,.. :•• . : : . ....:....,,,,,.....::::.............,:::::::•:::::::::::::::::::,......,........:....::::::::.:.:::::::::......„...„....:.:::::..............,•:.:.:. : .. • i...i.:::::::.::: ::::::t..::::::;:• : :::::::::::::...m.:.....1 .::::::.:::::::::::::::::::,.....::::::::::.:.::::::::::.::::::::.......:::::„............::::....,,:•,:::::::::.:..............,,,,.:::.-..: •.: „:„........................:....„..........:.„....„.:.:....:.......x.....................„.......„.:...:....:.:...„.......„......„......... : . >:<:::::>:;:< :<:<:::<::: Other Funds: • PR(X;RAM IMPLEMENTATION SCHEDULE 1990/1991 PROJECT BUSINESS COUNSELING, TRAINING SUPPORTP ORGANIZATION: BEACH D� CORPORATION (MBDC) NAME: AND TECHNICAL Implcmcntalion Steps A) Provide direct technical assistance to a minimum of 28 eligible businesses, south of Dade NA NA NA NA 3 4 3 4 3 4 3 ii Boulevard. a B) Provide direct technical assistance to a minimum of 12 eligible businesses on Lincoln Road. NA NA NA NA 0 1 2 2 1 2 2 . C) Regarding the technical assistance rendered in A and B above, MBDC will provide extensive one- NA NA NA NA X X X X X X X on-one guidance, counseling or teaching in areas such as business management, accounting, - sion, retention, or legal issues. Documentation will be maintained and will include: X X X X X X D) NA NA NA NA 1) An in-depth description of the nature and amount of the Technical assistance rendered. 2) The reason for renderina such assistance. 3) A description of how this assistance is . expected toprovide public benefit to the low NA NA NA NA X X X X X X � P and moderate income residential area. 4) Intake forms. , + 5) Narrative progress reports. Feasibilitystudies and implementation sched- X X X X X X 6) NA NA NA NA ules for expansion or retention of businesses. 7) Time sheets that reflect the amount of staff „- • . •:,. .• • Si •- E) MBDC will provide eligible commercial businesses with opportunities to utilize the consulting and NA NA NA NA X X X X X X X training services of the Florida International r____.. 4_ University (FIU) Small Business Development Center. ,__ F) MBDC shall conduct an analysis to determine that _ I. , .� the amount of any assistance to be provided is NA NA NA NA 3 4 3 4 3 4 3 not excessive, taking into account the actual needs of the business in making the project f inan- y • —. .. — .1_ • ii r• •:.'' a - • •su. •— -fit - - _ - - .... r,v,,,4-, +-gi Imp Inr- c'-'1M 4-1-' 'fir 1ec . -2- PR(X,RAM IMPLEMENTATION SChEDULE 1990/1991 PROJ I C I SMALL BUSINESS COUNSELING, TRAINING NAME: AND TECHNICALOORPORATIOrN (MBDC) SUPPORT P ORGANIZATION: MIAMI BEACH DEVELOPMENT � � T � : APPENDIX 2 , , ACKNOWLEDGEMENT Of ECONOMIC DEVELOPMENT ACTIVITIES If the Provider will be using CDBG funds for an Economic Development Activity, the following g federal requirements must be acknowledged: LOW/MODERATE INCOME JOBS Criteria A low/moderate jobs activity is one which cremes or fctajns permanent jobs, at least 51% of which are taken by low/moderate income persons or considered to be available to low moderate income persons. In counting jobs created or jobs retained, the following policies apply: o Part-time jobs must be converted to full-time equivalents. o Only permanent jobs count. o Temporary jobs may not be included. o Regardless of the sources of funding, Jj permanent jobs created by the activity must be counted. o Trickle-down jobs (jobs indirectly created by the assisted activity may pot be counted. For jobs retained, the following additional criteria apply: o There is clear and objective evidence that permanent jobs will be lost without CDBG assistance. Such evidence includes: a notice by the business to affected employees,a public announcement by the business,or relevant financial records. o Retained jobs are considered to involve the employment of low/moderate income persons if 51% of such jobs are known to be held by low/moderate income persons when CDBG assistance is provided. Jobs arc considered to be available to low/moderate income persons when both, the following conditions are fulfilled: o Special skills that can only be acquired with one or more years of training or work experience,or education beyond high school, are pot a pre-requisite to fill such jobs,or else the business nevertheless agrees to hire unqualified persons and train them; And o The Provider ensures that the assisted business adheres to the principles of"first consideration"by: using a hiring practice that in all likelihood will result in over 51% of those hired being low/moderate income persons; seriously considering a sufficient number of low/moderate income job applicants to meet this intent; determining that the distance from the job applicant's residence is close to the job site or that transportation is available to the job site. RECORDS TO BE MAINTAINED Where the low/moderate income benefit is based on job creation, the Provider's files must include the documentation described in either (A) or (B) below: (A) For activities where at least 51% of the jobs will be available to low/moderate income persons, documentation for each assisted business must include: A copy of a written agreement containing: o A commitment by the business that it will make at least 51% of the jobs available to low/moderate income persons and will provide training for any of those jobs requiring special skills or education; and, o A listing by job title of the permanent jobs to be created, indicating which jobs will be available to low/moderate income persons, which jobs require special skills or education, and which jobs are part-time; and, o A description of actions to be taken by the Provider and business to ensure that low/modcratc income persons receive "first consideration" for these jobs; and, o A listing, by job title, of permanent jobs filled, and which jobs were available to low/moderate income persons, as well as a description of how "first consideration" was given to such persons for those jobs. The description must include what type of hiring process was used; which low/moderate income persons were interviewed for a particular job and which interviewees were hired. (B) For activities where at least 51% of the jobs will be taken by low/moderate incomeersons P , documentation for each assisted business must include: A copy of a written agreement containing: o A commitment by the business that at least 51% of the jobs, on a full-time equivalent basis, will be Laken by low/moderate income persons and a listing by job title of the permanent jobs created; and, o A listing, by job title, of the permanent jobs filled and which jobs were initially held by low/modcratc income persons; and, o Information on the size and annual income of the person's immediate family prior to the low/moderate income person being hired for the job. Where low/moderate income benefit is based on lob retention, the files must include the following documentation: o Evidence that jobs would be lost without CDBG assistance. o A listing, by job title, of permanent jobs retained, indicating which of those jobs are part-time and (if known) which are held by low/moderate income persons at the time the assistance is provided. o Identification of any retained jobs not already held by low/moderate income persons which are projected to become available to low/moderate income persons through job turnover within two years of the time CDBG assistance is provided. (Job turnover projections should also be included in the record.) o Information on the size and annual income of the low/moderate income person's immediate family for each retained job claimed to be held by a low/moderate income person. Acceptable documentation on job applicant/employee family income includes any one of the following: - Notice that job applicant/employee is a referral from state, county or local employment agency or other entity that agrees to refer individuals determined to be low/moderate income according to HUD criteria. (These entities must maintain documentation for city or federal inspection.) - Written certification, signed by the job applicant/employee, of family income and size to establish low/moderate income status by showing: the actual income of the family, or a statement that the family income is below CDBG low/moderate income requirements. (These certifications must include a statement that they arc subject to verification by the local or federal government.) - Evidence that job applicant/employee qualifies for assistance under another program with income qualification criteria at least as restrictive as those used by the CDBG program, such as referrals from the Job Training Partnership Act ()TPA) Program, except for referrals under the JTPA Title III Program for dislocated workers. ADDITIONAL CONSIDERATIONS The Provider must prepare a "pecessa ry or appropriate" determination whenever CDBG assistance is provided for a private, for-profit entity carrying out economic development activities. This determination is to ensure that the amount of the financial assistance s a ncc is not excessive in light of the actual needs of the business and the expectedublic benefit. Examples P p cs of CDBG assistance arc: grants, loans, loan guarantees, interest supplements, technical assistance or another form except for those described as ineligible in CDBG Regulations g s s570.207. If no CDBG assistauc of a financial nature is being provided for ae rivate for- profit entity, then the "necessary or appropriate" determination would need to address the public benefits to be derived from assisting each business but would not require a financial analysis of the business' need for the grant or loan. I hereby acknowledge that I have read the specific requirements for economic development p ent activities contained in this document, and that eligibility of my organization'sjdepends ro p upon compliance with the requirements contained in this document. SIGNATURE NAME/TITLE OF SIGNATOR NAME OF ORGANIZATION DATE AEDC.ALI. • 1 APPENDIX 3 MiAMI BEAGI COMMUNTTY DEVELOPMENT DMSION NARRATiVE REPORT FORM PROJEC1 NAME: REPORTING MONTH/YEAR: REPORTER SIGNATURE & POSITION: DESCRIPTiON OF ACflVI11ES AND PROJECTED ACCOMPLISHMENTS SCHEDULED FOR THE REPORTING PERIOD: PER ACTIVITY, STATE THE STATUS OF PROJECTED ACCOMPLISHMENTS, I COMPLETED UNITS OF MEASURE, AND DESCRIBE MATERIAL PRODUCED FOR ?' REPORTING PERIOD: STATE ALL PROBLEMS ENCOUNTERED AND/OR THEIR RESOLUTION, WHICH Hf AFFECTED THE OPERATiON OF THE PROJECT DURING THE PERIOD, OR WHICH H IMPACTED ON THE COMPLETION OF PROJECTED ACCOMPLISHMENTS AND/OR , CDBG EXPENDITURE RATE: STATE OR LIST SPECIAL RECOGNITION RECEIVED DURING THE REPORTING PERIOC • MIAMI B!ACX COMMUNITY DEVELOPMENT DIVISION FINANCIAL SUMMARY FORM REPORTING MONTH/YEAR: tOJ ECT= - REPORTER S I GNATt1RE & POSITION: ZOJ ECT PROVIDER MUMMY BREAKDOWN APPROVED MONTI T4 DAT YEAR-T0-.DATE OVEN AnT LEL 1 BUDGET BUDGET s=PENDITURES EXPENDITURES OBLIGATIONS") ilaries i Benefits S )nsultants i Contract Services • r pace Rental qu ipment Lease or Purchase _ ravela i . titer Operating Expenses sterials + ehabil itation l- eal Property Acquisition OTAL The reporting eonth •s expenditures, with supporting documentation attached. • Finds which have been committed by the provider but have not yet been paid, e.g. po rtion not paid in outstanding contract; portion of employee ee salaries not paid yet committed to the end of the program. tqPlIl BEAM attlill n IDELORINT D1VISIt OJENT BILE FO1 P MCCINORING PERIOD PRCITEXT OPERATOR; �S ITT s g c� i Mg: LOW/MOD BENE F ITs i SEC OH V1SITS r -Milr hz ......— TYPE OF Pa ie 6 o x w a . 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EQUAL EMPWYMENT OPPORTUNiTY OJWSE ElaclataBACILVILEECIMICECUMMIRMIL112A6 The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to the brant, contract, loan insurance, or guarantees or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (]) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees arc 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 recruitment advertising; layoff or termination; rates of Pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. (2) The contract will, in all solicitations or advertisements for employees placid by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of E.xcc'utive Order 11246 of September ?A. 1965, and of the rules, regulatioru, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 1124b of September 24, 1965, and by rules, regulations, and orders of the Secretary of labor, or pursuant thereto, and will permit access to bis books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's non-compliance with the non- discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be =celled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 2U4 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions • including sanctions for non-compliance - provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees That it will be bound by the above equal opportunity clause with respect to its own employment Practices when it participates in federally assisted construction work; provided that, if the applicant so participating is a State of local government, the above equal SECIION 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, 12 U. S. C. 170u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to 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 applicable 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 be has a collective bargaining agreement or other contract or understanding, if any, a Holier advising the said labor organization of workers' representative of his commitments under this Section 3 Clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. D. The contractor will include this Section 3 Oause 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 subcontract 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 Fedora) 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 applicant or recipient, its contractors and subcontractors, its 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. EQUAL EMPLOYMENT OPPORTUNiTY OAUSE The applicant hereby agrees that it will incorporate or cause to be incorporated into any contact for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to the grant, contract, loan insurance, or guarantees or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants 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 recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause. (2) The contract will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. A 1 (4) The contractor will comply 11246 of September 24,P Y ,with all provisio� of Executive Order 196S, and of the rules, re latio relevant orders of labor.ordcrs of tht Secreta � � and (S) The contractor will furnish all informationby Eecutive Order 11246 0fSeptember and repot required 24, 1965, and by n�le ,regulationsand orders of the Secretary of Labor,thereto, and will or pursuant permj access to his books, records, and account by the administering agency and the Secretary of Labor for purposes of investigations to rules, re laUo ��n compliance with such 8� ns, and orders. (6) In the event of the contractor's non-compliance with the of this contract or non- discrimination clauses rules, relatio �� any of the said� ns, or orders, this contract terminated, or suspended in whole or in be cancelled, may be declared part and the contractorineligible for further Government contracts or federally assisted construction contracts in authorized in with Procedures authori in Executive Order 11246 of 1965, or by rule, regulation, September 24, 8u n, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include immediatelythe portionthe�on of the sentence ara preceding paragraph (1) and ro . P �s�. ons of Brae (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of of Labor issued pursuant to the SecretySection 204 of Executive Order 11246 of September 24, 1965, so that such provisions upon each subcontractor or vendor. The X11 be binding action with respect contractor will take such to any subcontract or purchase order as the administering agency may direct as provisions a means of enforcing including sanctions for non-compliance such however, that in the event a provided, contractor becomes involved is threatened with, litigation with a subcontractor in, or a result of such or vendor asdirection by the administering contractor may request the United agency, the States to enter into such litigation to protect the interests of the United States. The applicant further agrees chat it � will be bound by opportunity clause with res the above equal participates in federally �� �� �� °"n employment practices whin assisted construction work; it applicant so participating � pro�dcd that, J the a State of local government, the above u e � 9 off.TCiR_`rT, RF'3OLUTToN ). 91-2025' Autho:Lzi lg and directing the execution of an agreement between the C.M.B. and the Miami Beach Development Corporation (MBDC), a non-profit Florida Corporation, for the purpose of funding a small busi- ness counseling, training and technical support program.