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ESG AGREEMENT
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This Agreement is entered into this 1 st day of October, 1998, 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", and
Miami Beach Community 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 (HUD) for the purpose of implementing the Emergency
Shelter Grants Program with Federal financial assistance under Title IV of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988, PL 100-628 (8/10/88), as
amended (the Act); and
WHEREAS, the City has determined through its One Year Action Plan for Federal
Funds for FY 1998/98 which includes the budgets for the Community Development Block
Grant (CDBG), Emergency Shelter Grants (ESG) Program, and HOME Investment
Partnerships (HOME) Program, the necessity for providing homeless prevention services
and services to the homeless in Miami Beach; and
WHEREAS, the One Year Action Plan was adopted by City of Miami Beach
Resolution 98-22814 on July 1, 1998; 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
Provider agrees to provide the following ESG Program services for the prevention
of homelessness in Miami Beach (the Activity) in accordance with the Budget:
RAIN Emergency Food/MedicallHousing/Child Care - $12.000
576.21 (a)(4)
To provide emergency housing vouchers not to exceed $600 each to approximately
18 Miami Beach families facing eviction.
SECTION II:
TERM OF AGREEMENT
This Agreement shall be deemed effective upon approval and release of funds by
HUD or upon being duly executed by both parties, whichever is later.
This Program shall become operational as of October 1, 1998, subject to the
approval of this Agreement by the Mayor and City Commission, and shall be completed by
September 30, 1999. The term specified herein may be subject to any applicable term
restrictions and limitations prescribed by HUD, and/or as may be otherwise prescribed
herein.
SECTION III:
REVERSION OF ASSETS
A. The Provider shall, in the event of a termination of this Agreement pursuant Section
XX herein, or upon expiration of the Agreement, transfer to the City any ESG funds
on hand at the time of expiration and any accounts receivable attributable to the use
of ESG funds. In accordance with Section 415 (c) (1) of the 1987 McKinney Act,
2
each ESG recipient or sub-recipient herein certifies that it will maintain the facility
as a homeless shelter for a period of ten (10) years in the case of major
rehabilitation or conversion, or for three (3) years for other rehabilitation activities
(other than major rehabilitation or conversion). Any building for which ESG funds
are used for other eligible activities must be maintained as a shelter for the
homeless for the period during which such assistance is provided.
Any real property under the Provider's control that was acquired or improved in
whole or in part with ESG funds (including ESG funds provided to the Provider in
the form of a loan) must either:
1. be used as a homeless facility for either ten (10) years or three (3) years
after expiration of the Agreement as described above, or for such longer
period of time as determined to be appropriate by the City; or
2. if not used in accordance with the above paragraph, the Provider shall pay
to the City an amount equal to the current market value of the property less
any portion of the value attributable to expenditures of non-ESG funds for the
acquisition of, or improvement to, the property. (No payment is required after
the period of time specified in this section.)
SECTION IV: METHOD OF PAYMENT
It is expressly understood and agreed that the total compensation to be paid
hereunder for actual expenditures incurred shall not exceed Twelve Thousand dollars
($12,000) from FY 1998/99 ESG funds (the Grant Award). 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 Budget attached hereto
and made a part hereof as Appendix 1.
3
A. The Provider shall submit monthly requests for payment for actual and/or
anticipated expenditures, including applicable back-up documentation, no later than
the tenth (10th) day of the succeeding month and the City will provide payment,
upon approval, within ten (10) working days after receipt of the same, if submitted
by the deadline date for inclusion on the drawdown request. Anticipated
expenditures shall only be paid by the City upon demonstration by the Provider that
procedures are in place to assure that the time period between payment by the City
and disbursement by the Provider for the anticipated expense will be kept to a
minimum. Additionally, the Provider must provide proof of disbursement for
anticipated expenditures by the end of the succeeding month.
B. The Provider shall submit the final request for payment no later than October 10th,
1999. Invoices submitted after this date may not, at the City's discretion, be paid
and the City shall not be liable for such costs.
C. The City agrees to pay the Provider for expenditures incurred under this Agreement
on a monthly basis in accordance with the Budget attached hereto and made a part
hereof as Appendix 1. Budget line item transfers are allowable only within each
Activity, and must have prior written approval of the City. The Provider must
request budget line item changes in writing, in order to be reviewed by the City. A
revised budget must be submitted to the City, after receiving approval.
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 Program 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.
4
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:
CONDITION OF SERVICE
The Provider hereby agrees to the following:
A. The Program shall serve homeless individuals residing within the City limits of Miami
Beach or individuals who are facing eviction or termination of utility services and are
eligible to receive homeless prevention services in accordance with federal
guidelines (the potential homeless), as outlined in Section 1 of this Agreement.
B. The Provider shall maintain in its file the documentation on which basis it
determines that the Program benefits such homeless or potential homeless persons
from Miami Beach. Such records shall include, but not be limited to: profiles
identifying financial classification, head of household, ethnicity, race, and gender,
and, if applicable, eviction or utility shut-off notices.
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. Maintaining copies of comments and/or complaints received in writing.
3. Maintaining copies of responses to complaints and/or explanations of
resolutions to complaints.
5
D. No expenditures or obligations shall be incurred for the program prior to approval
and release of funds from HUD. Further, it is expressly understood that in the event
no funds are released from HUD in connection with this Program, then the City is
not liable for any claims under this Agreement.
E. The Provider hereby certifies, pursuant to 24 CFR 576.57(a)(2), that no person shall
be denied the benefits of the program on the ground of race, color, national origin,
sex, religion, age, familial status or disability. The Provider must also make known
that use of facilities or services provided with ESG Program funds is available to all
on a nondiscriminatory basis.
F. The Provider agrees that when sponsoring a Program financed in whole or in part
under this Agreement, all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorship of the Program, research reports,
and similar public notices prepared and released by the Provider shall include the
statement:
"FUNDED BY THE CITY OF MIAMI BEACH
EMERGENCY SHELTER GRANTS PROGRAM"
In written materials, the words "CITY OF MIAMI BEACH EMERGENCY SHELTER
GRANTS FUNDS ADMINISTERED BY THE COMMUNITY/ECONOMIC
DEVELOPMENT DEPARTMENT" shall appear in the same size letters or type as
the name of the Provider.
G. The Provider shall ensure the following minimum criteria when entering into a sub-
contract agreement:
1. The full correct legal name of the party shall be identified.
6
2. The "Scope of Services" shall describe the activities to be performed.
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 entering into any
sub-contract agreement. Failure to obtain prior approval will release the City
of any obligation to reimburse the Provider for any costs incurred.
H. The Provider shall maintain sufficient records to determine compliance with all
requirements of this Agreement, the ESG Program, and any other 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 ESG activity delivery cost by Program and the
non-ESG related charges.
3. How the objectives of the ESG Program and the eligibility requirement(s) for
serving homeless individuals or the potential homeless from Miami Beach
7
under which funding has been received, have been met.
I. 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 four (4) 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.
J. In the event that the Provider is an organization and/or entity receiving or having
received ESG funds for the purpose of acquiring property intended to be owned or
maintained for the use of said organization and/or entity, the City, through its
Community/Economic Development Department, may, at its discretion and upon
individual evaluation, require the Provider to enter into a separate agreement further
restricting the use of the subject property; as well as requiring additional terms and
conditions relative to the use of the organization and/or entity's future funds,
monies, etc., being used and/or committed toward the buy-down of any debt
existing on the property.
SECTION VII:
APPLICABILITY OF OMB CIRCULARS AND OTHER FEDERAL
REQUIREMENTS
A. The Provider shall comply with the requirements and standards of OMS Circular
No. A-122, "Cost Principles for Non-profit Organizations", OMS Circular A-110
(implemented at 24 CFR part 84, "Uniform Administrative Requirements for Grants
and Agreements With Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations") or the related ESG provision as they relate to the acceptance
8
and use of Emergency Shelter Grants amounts, as applicable.
B. The Provider will comply with the policies, guidelines, and requirements of 24 CFR
Part 85 (codified pursuant to OMS Circular No. A-102) and OMS Circular NO. A-87,
as they relate to the acceptance and use of Emergency Shelter Grants amounts,
as applicable.
C. The Provider will comply with all of the provisions of 24 CFR 576.57 entitled "Other
Federal Requirements".
SECTION VIII:
CONDITIONS FOR RELIGIOUS ORGANIZATIONS
A 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.
2. It will not discriminate against any person applying for shelter or other eligible
ESG activities 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 (not including voluntary nondenominational prayer before
meetings), engage in no religious proselytizing, and exert no other religious
influence in the provision of such shelter or other eligible ESG activities.
4. Funds received under this Agreement used to rehabilitate or convert any
facility which is owned by a primarily religious Provider must comply with 24
9
CFR 576.23.
SECTION IX:
ASSISTANCE TO THE HOMELESS
Providers must comply with the provisions of 24 CFR 576.56 which requires that
homeless individuals and families must be given assistance in obtaining: (a) appropriate
supportive services, including permanent housing, medical health treatment, mental health
treatment, counseling, supervision, and other services essential for achieving independent
living, and (b) other Federal, State, Local and private assistance available for such
individuals. Providers must also comply with requirements relating to the confidentiality of
records pertaining to family violence prevention or treatment services in accordance with
24 CFR 576.56(a)(2) and 42 U.S.C. 11375(c)(5). Providers must also comply with the
requirements of 24 CFR 576.56(b), relating to participation of homeless individuals on its
policymaking entity and in providing work or services to facilities or activities assisted with
ESG funds.
SECTION X:
ADA COMPLIANCE
The Provider agrees to adhere to and be governed by all applicable requirements
of the laws listed below including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access
to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327,
42 U.S.C. 12101-12213 and 547 U.S.C. Sections 225 and 611 including Title I,
Employment; Tittle II, Public Services; Title III, Public Accommodations and Services
Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous
Provisions.
10
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631.
The Provider must complete and submit the City's Disability Non-Discrimination
Affidavit (the Affidavit). In the event the Provider fails to execute the City's Affidavit, or is
found to be in non-compliance with the provisions of the Affidavit, the City may impose
such sanctions as it may determine to be appropriate, including but not limited to,
withholding of payments to the Provider under the Agreement until compliance and/or
cancellation, termination or suspension of the Agreement in whole or in part. In the event,
the City cancels or terminates the Agreement pursuant to this Section, the Provider shall
not be relieved of liability to the City for damages sustained by the City by virtue of the
Provider's breach of the Agreement.
SECTION XI:
ADDITIONAL CONDITIONS AND COMPENSATION
It is expressly understood and agreed by the parties hereto that monies
contemplated by this Agreement to be used for compensation originate from grants of
federal Emergency Shelter Grants Program 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, 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 that said funds are no longer
available.
11
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.
SECTION XII:
COMPLIANCE WITH LOCAL. STATE AND FEDERAL
REGULA TIONS
The Provider agrees to comply with all applicable federal regulations as they may
apply to program administration and to carry out each activity in compliance with the laws
and regulations as described in 24 CFR 576. Additionally, the Provider will comply with all
state and local laws, ordinances and resolutions hereto applicable.
SECTION XIII:
MATCHING REQUIREMENTS
The Provider herein warrants that it will comply with the provisions of 24 CFR 576.51
and 42 U.S.C. 11375(a)(3) and will provide the required dollar for dollar match from
sources other than ESG, in accordance with Appendix 2. The Provider will provide the City
with evidence of such matching funds.
SECTION XIV:
CONFLICT OF INTEREST
The Provider covenants that no person, under its employ who presently exercises
any functions or responsibilities in connection with Emergency Shelter Grants 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 576.57 (d) "Conflicts of Interest", and the Federal, State, Miami-Dade
County and City of Miami Beach statutes, regulations, ordinances or resolutions governing
12
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
disclosure shall occur immediately upon knowledge of such possible conflict. The City will
then render an opinion which shall be binding on both parties.
SECTION XV:
REPORTING AND EVALUATION REQUIREMENTS
An effective method for maintaining program progress against a previously
established schedule is through program evaluation and reporting, which will consist of
both written reports and staff discussions on a regular basis. The City will monitor each
Activity as required by HUD. 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.
2. The Financial Status Report, which shall include the request for payment and
documentation, as applicable.
3. The Client Profile Report.
The Narrative Report, Financial Status Report and Client Profile Report must each
contain (i) the month for which the Monthly Report is submitted, (ii) the date
submitted, and (iii) an original signature of the person responsible for the contents
of the Monthly Report.
13
B. Final Evaluation. Within twenty (20) days of contract completion, a final report
documenting how the objectives of preventing homelessness or serving homeless
persons who reside in Miami Beach were met, must be submitted by the Provider
to the City's Community/Economic Development Department 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; Le., the number of dollars spent,
including non-ESG 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 Program is considered "closed-out".
Other Reporting Requirements may be required by the City in the event of
Program changes, the need for additional information or documentation arises, and/or
legislative amendments are enacted. 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 shall be considered by the City, at its sole discretion, as
sufficient cause to suspend ESG payments to the Provider.
SECTION XVI:
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.
14
Audits shall be conducted annually and shall be submitted to the City 180 days after
the end of the Provider's fiscal year. Sub-recipients shall comply with the requirements and
standards of OMB A-133, "Audits of Institutions of High Education and Other Non-Profit
Institutions" (as set forth in 24 CFR Part 45, or OMB Circular A-128, "Audits of State and
Local Governments" (as set forth in 24 CFR Part 44), 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 XVII:
INDEMNIFICATION AND INSURANCE
The Provider shall indemnify and hold harmless the City from any and all claims,
liability, losses and causes of action which may arise out of an act, omission, negligence
or misconduct on the part of the Provider or any of its agents, servants, employees,
contractors, patrons, guests, clients, licensees or invitees. The Provider 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 judgements
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 $1 ,000,000 single
limit. The policy must include coverage for contractual liability to cover the above
indemnification. 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.
15
The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All
insurance companies must be rated B+ VI by A.M. Best.
All insurance coverage shall be approved by the City's Risk Manager prior to the
release of any funds under this Agreement.
In the event evidence of such insurance is not forwarded to the City's Risk Manager
within thirty (30) days after the 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 City Administration.
SECTION XVIII:
LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place
a limit on City's liability for any cause of action for money damages due to an alleged
breach by the City of this agreement, so that its liability for any such breach never exceeds
the sum of $1 0,000. Provider hereby expresses its willingness to enter into this Agreement
with Provider's recovery from the City for any damage action for breach of contract to be
limited to a maximum amount of $10,000, less the amount of all funds actually paid by the
City to Provider pursuant to this Agreement.
Accordingly, Provider hereby agrees that the City shall not be liable to Provider for
damages in an amount in excess of $1 0,000 which amount shall be reduced by the amount
of the funding actually paid by the City to Provider pursuant to this Agreement, for any
action or claim for breach of contract arising out of the performance or nonperformance of
any obligations imposed upon the City by this Agreement. Nothing contained in this
subparagraph or elsewhere in this Agreement is in any way intended to be a waiver of the
limitation placed upon City's liability as set forth in Florida Statutes, Section 768.28.
16
SECTION XIX:
VENUE
This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal
action is necessary by either party with respect to the enforcement of any or all of the terms
or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade
County, Florida.
SECTION XX:
TERMINA TION
The City and the Provider agree:
A. This Agreement may be terminated in whole or in part for convenience and without
cause by either party hereto by written notice to the other party of such intent to
terminate at least thirty (30) days prior to the effective date of such termination.
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.
B. The City may also 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 be limited to, the following:
a. Failure to comply and/or perform in a material way, as same shall be
determined by the City in its sole discretion, in accordance with the
terms of this Agreement, or any Federal, State, County or City of
Miami Beach statute or regulation.
b. Submitting reports to the City which are late, incorrect or incomplete
17
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.
2. The City shall notify the Provider in writing when the Provider has been
placed in default. Such notification shall include (i) actions taken by or to be
taken by the City, such as withholding of payments; (ii) actions to be taken
by the Provider as a condition precedent to clearing the deficiency; and (iii)
a reasonable date for compliance, which shall be no more than fifteen (15)
days from notification date.
C. In the event of curtailment of, or regulatory constraints placed on, the funds by HUD,
this Agreement will terminate effective as of the time that it is determined such funds
are no longer available.
D. 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 subsequent thereto. Other costs during
suspension or after termination which are necessary and not reasonably avoidable
are allowable if:
18
1. The costs resulting 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
2. The costs would be allowable if the award were not suspended or expired
normally at the end of the funding period in which the termination takes
effect.
E. 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. At its sole discretion, the City may require Provider
to transfer any ESG assets to the City pursuant to Section III herein.
SECTION XXI: NOTICES
All notices required under this Agreement shall be sent to the parties at the following
address, with copies to the Office of the City Attorney:
City:
Joanna Revelo, CDBG Projects Coordinator
Community/Economic Development Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Provider:
Mr. Denis Russ, President
Miami Beach Community Development Corporation
1205 Drexel Avenue
Miami Beach, FL, 33139
19
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.
l?ok J' fhL~
THE CITY OF MIAMI BEACH, FLORIDA
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ATTEST:
CITY CLERK
MAYOR
WITNESSES:
MIAMI BEACH COMMUNITY
DEVELOPMENT CORPORATION
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20
APPENDIX 1
BUDGET SUMMARY
BUDGET ITEMIZATION
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APPENDIX 3
CLIENT PROFILE REPORT
NARRA TIVE REPORT
FINANCIAL STATUS REPORT
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CITY OF MIAMI BEACH
EMERGENCY SHELTER GRANTS PROGRAM
MONTHLY NARRATIVE REPORT FISCAL YEAR 1998/99
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Provider: MBCDC Project Name: RAIN Emergency Food/Medical/Housing/Child Care(ESG)
Reporting Period:
Name of Person Submitting Report:
Signature:
Date Submitted:
Title:
Additional pages may be attached if more space is needed
1. Describe in narrative form the activities completed and/or services provided during this month's
reporting period. Use units of measure to quantify the accomplishments described.
2. If no accomplishments can be described for this month's reporting period, describe the efforts
undertaken to fulfill contract goals by program year end. Explain any organizational or other
problems which have affected the expenditure of ESG funding.
3. Miscellaneous (e.g., special recognitions, awards, special circumstances encountered, etc.)
F:IDDHPI$ALLICHERYLIFORMSICDBGIFY98-99\EACHCNTRIMNTHNARR.FRM
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APPENDIX 4
SCHEDULE OF WORK TO BE COMPLETED
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CERTIFICATION OF
ESG FUNDED CONSTRUCTION/REHABILITATION PROJECTS
If the Provider anticipates using ESG funds for construction or rehabilitation, the following federal and
City of Miami Beach requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be approved by the city's
departments of Planning, Community/Economic Development, Public Works, Building, Code Compliance, and
Fire. If the project is located in the Miami Beach Architectural District, or affects a building listed or eligible
for listing on the National Register of Historic Places, all plans and specifications must be approved by the
State Historic Preservation Office (SHPO), in accordance with the Memorandum of Understanding between
the SHPO and the City.
B. The City shall not be obligated to pay any funds to the project prior to the completion by the City of an
environmental review of the project, and said review is approved by any government agencies as may be
required by law.
C. The Provider will assure all wages paid to construction workers by it or its subcontractors are in compliance
with federal, state and local labor requirements. The Provider agrees to include in the construction bid
specifications in connection with this agreement the applicable Federal Wage Determination assigned to this
project by HUD. The Provider must also inform his contractor/subcontractors that they will be required to
submit documents after a city-conducted pre-construction conference and prior to construction, Weekly
and/or monthly reports must be submitted thereafter, as required by the federal government.
D. The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal Office of
Management and Budget (OMB) Circular Number A-102 Attachment E for programs funded in whole or in part
by CDBG funds; with federal OMB Circular A-1 02 Attachment 0 for the procurement of supplies, equipment,
construction and services; and with Federal Management Circular A-87; or any other applicable OMB circular.
E. Pursuant to 24 CFR 576.57(a)(2), the Provider specifically agrees that no person shall be denied the benefits
of the program on the grounds of race, color, national origin, sex, religion, age, familial status or disability.
F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take affirmative
action in attempting to employ low income and minority persons, as mandated by law.
G. As required by OMB Circular Number A-102, and by Florida Statutes Section 287.055, professional services
must be competitively selected. The competitive selection process must include: a public advertisement,
issuance of a request for proposal and a competitive review based on uniform criteria. Selection criteria must
consider the basic qualifications, professional competence, experience and suitability of each firm. Fees for
professional services must be requested as a fixed sum and not stated as a percentage of construction costs.
H. All documents, bid specifications, notices and construction drawings must be submitted for the review and
approval of the Community/Economic Development Department prior to public advertisement.
I. The bidding process for construction contracts must include a formal advertisement, published in The Miami
Review, Dodge Reports and The Miami Builder's Exchange. This announcement must include the following:
1. The date, time and place that bid documents are available, and the same information for any pre-bid
conferences and receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and a performance and
payment bond equal to 100% of the award.
Page 1 of 2
3. A standard statement regarding the "in whole or in part" federal funding of the project and the various
applicable federal regulations.
J. The City reserves the right to be present at the time of bid openings. If City ESG monies are the sole funding
source, the City may require that bids be received and opened by the City's Procurement Department.
K. The Provider agrees to submit to the City's Community/Economic Development Department all documentation
of the steps followed in the selection of professional services and construction contracts.
L. The Provider agrees to specify a time of completion and include a liquidated damage clause in all construction
contracts. Cost plus a percentage of cost, and percentage of construction cost contracts will not be permitted.
M. If the Provider is awarded ESG funds, other conditions and requirements will be specified in the funding
agreement.
N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been issued.
0, Pursuant to section 415(c)(1) of the 1987 McKinney Act, the Provider certifies that it will maintain the facility
as a homeless shelter for a period of ten (10) years in the case of major rehabilitation or conversion, or for
three (3) years for other rehabilitation activities (other than major rehabilitation or conversion).
I hereby acknowledge that I have read the specific requirements contained in this Certification, and
that eligibility of my organization's project depends upon compliance with the requirements contained in this
document.
NITY DEVELOPMENT CORPORA liON
~\ "'I A..:..P1Utnj ~'P:b den+-
Print Name and Title of Authorized
Signator
i D- I rz, ~q ~
Date
Page 2 of 2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
APPLICABILITY:
A. The lead based paint rule applies to ESG-funded housing activities involving construction, purchase and
rehabilitation,
B. The following housing rehabilitation activities are excepted:
I. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water and/or sewer hookups
4. Installation of security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or remodeling of applicable
surfaces
7. Other activities that do not involve applicable surfaces and do not exceed $3,000 per unit.
INSPECTION AND TESTING REQUIREMENTS:
The Provider shall be required to test the lead content of chewable surfaces of an apartment building to be
rehabilitated, if there is a family residing in one of the units with a child under seven years of age with an identified
elevated blood level condition (concentration of lead in blood of 25 micrograms per deciliter or greater) and the building
was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from the floor
or ground, such as: a wall, stairs, deck, porch, railing, windows or doors that are readily accessible to children under
seven years of age, and all interior surfaces of a residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by HUD. Test
readings of 1 mg/cm or higher shall be considered positive for presence of lead based paint.
REQUIRED TREATMENT:
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation work. All
chewable surfaces in any room found to contain lead based paint must be treated before final inspection and approval
of work. Similarly, all exterior chewable surfaces must be treated when they are found to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting without
thorough removal or covering does not constitute adequate treatment.
Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier. Depending on
the wall condition, permanently attached, non-strippable wallpaper may be applied, Covering or replacing trim
surfaces is also permitted.
Page 1 of2
CERTIFICATION OF
LEAD BASED PAINT REQUIREMENTS
(Continued)
Removal can be accomplished by scraping, heat treatment (infra-red or coil type heat guns) or chemicals.
Machine sanding and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint contained in this
Certification, and understand that my organization's project eligibility depends upon compliance with the
requirements contained in this document.
H COMMUNITY DEVELOPMENT CORPORATION
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Print Name and Title of Aut onzed
Signator
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Date
Page 2 of2
CERTIFICATION OF
RELIGIOUS ORGANIZATION REQUIREMENTS
In accordance with First Amendment of the U.S. Constitution - "church/state principles", ESG assistance may
not, as a general rule, be provided to primarily religious entities for any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may
be deemed to be, a religious or denominational institution or an organization operated for religious purposes which
is supervised or controlled by or operates in connection with a religious or denominational institution or organization.
A religious entity that applies for and is awarded ESG funds for shelter or other eligible ESG activities must
agree to the following:
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;
2. It will not discriminate against any person applying for such 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 counselling, conduct no religious worship or services, engage in no
religious proselytizing(not including voluntary nondenominational prayer before meetings), and exert no other
religious influence in the provision of such shelter or other eligible ESG activites;
4. The portion of a facility used to provide shelter or other eligible ESG activites assisted in whole or in part under
this Agreement shall contain no sectarian or religious symbols or decorations; and
Funds received under this Agreement used to rehabilitate or convert any facility which is owned by a primarily
religious Provider must comply with 24 CFR 576.23.
I hereby acknowledge that I have read the specific requirements contained in this Certification, and
that eligibility of my organization's project depends upon compliance with the requirements contained in this
document.
UNITY DEVELOPMENT CORPORATION
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Print Name and Title of Authorized
Signator
10- )Q.,JC-1~
Date
Page 1 of 1
CERTIFICATION REGARDING LOBBYING
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name:
EMERGENCY SHELTER GRANTS
Grant Number:
S-98-MC-12-0007
Date:
10.... 1'2. - qf
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or any employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or any employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and
cooperative agreements) and that all individuals receiving sub-awards shall certify and disclose accordingly,
CH COMMUNITY DEVELOPMENT CORPORATION
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Print Name and Title of Authorized
Signator
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Date
Page 1 of 1
CERTIFICATION OF
CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name of Recipient:
CITY OF MIAMI BEACH
Name of Sub-recipient:
MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION
Grant Program Name:
EMERGENCY SHELTER GRANTS
Grant Number:
S-98-MC-12-0007
Date:
\b- I '2. -a,~
The Provider shall insert in the space provided below the site(s) expected to be used for the performance of work
under the grant covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
1 ~D5 D( e)(e \ Avenue. 2al,q.,\,e..
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H COMMUNITY DEVELOPMENT CORPORATION
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Print Name and Title of Authorized
Signator
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Date
Page 1 of 1
ACKNOWLEDGEMENT OF DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE ESG Fiscal Year 1998/99
NAME OF FIRM, CORPORATION, OR ORGANIZATION Miami Beach Community Development
Corporation
AUTHORIZED AGENT COMPLETING AFFIDAVIT ....C)e.n\ ~ A. flue ~
POSITION ~rp6;.d.en+- PHONE NUMBER (~M;- 638- Do~b
I, Q~\ ~ A.. e.u~ ,being duly first sworn state:
That the above named form, corporation or organization is in compliance with and agrees to continue to comply with,
and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements
of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs
and services, transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327,42 U.S.C. 12101-12213 and 547
U.S.C. Sections 225 and 611 including Title I, Employment; Tittle II, Public Services; Title III, Public Accommodations
and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U.S.C. Section 3601-3631,
\D- \'6-~~
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
\ 0- ~ -:J.. - Co) g
(Date)
Quss
(Affiant)
N \!\-
(Type of identification)
(si~ture~~ ~
by
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He/She is personally known to me or has presented
as identification.
cC-'\\lsSl
(Serial Number)
eJOSt0
GA.,Jc.. f-oG
~(j!:>/L\Jl\oI\.,1 \8 ~OO:L
(ExpiratIOn Date)
(Print or Stamp Name of Notary)
~ ~ Jose Gancedo
*a:*My Commjssion(lSlitl'5~otary Seal
~..~ expires February 18, 2002
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit
this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City
of Miami Beach.
Notary Public
ATTACHMENTS
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
CITY OF MIAMI BEACH
INCOME SUMMARY DATA
CITY OF MIAMI BEACH
PERCENTAGE OF LOW/MODERATE INCOME PERSONS
SECTION 3 CLAUSE
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE FOR
CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
CITY OF MIAMI BEACH
LOW AND MODERATE HOUSEHOLD INCOME LIMITS
,(EFFECTIVE: 3/15/97),
A low income or a moderate income household is defined as: a household having an
income equal to, or less than, the limits cited below. Individuals who are unrelated but are
sharing the same household shall each be considered as one person households.
HOUSEHOLD SIZE MODERA TE INCOME* LOW INCOME**
1 PERSON 25,000 15,600
2 PERSONS 28,550 17,850
3 PERSONS 32,100 20,050
4 PERSONS 35,700 22,300
5 PERSONS 38,550 24,100
6 PERSONS 41 ,400 25,850
7 PERSONS 44,250 27,650
8 PERSONS 47,100 29,450
* 80% of Median Income
** 50% of Median Income
SOURCE: U.S. Department of Housing & Urban Development
CPO Advisory Letter 97-05, Dated March 15, 1997
Page 1 of 1
CITY OF MIAMI BEACH - LOW/MODERATE INCOME DATA
DATA PROVIDED BY U.S. HUD MEMORANDUM "CDBG 1990 CENSUS
INCOME SUMMARY DATA" (!g!) - JULY 2.1993
CENSUS TRACT TOTAL L1M PERSONS TOTAL PERSONS % LOW/MOD
40.00-5 310 448 69.20
41.01-1 614 757 81.11
41.01-2 2,137 4,002 53.40
41.01-3 810 1,511 53.61
42 10,042 13,736 73.11
43 6,728 9,582 70.21
44 1 0,774 13,244 81.35
45 1,768 2,307 76.64
I TOTAL I 33,183 I 45,587 I 73% L1M I
FLAMINGO TARGET AREA
CENSUS TRACT TOTAL UM PERSONS TOTAL PERSONS % LOW/MOD
39.05-2 2,408 3,346 71.97
39.05-4 2,401 3,071 78.18
I TOTAL I 4,809 I 6,417 I 75% L1M I
NORMANDY ISLE TARGET AREA
I CENSUS TRACT I TOTAL UM PERSONS I TOTAL PERSONS I % LOW/MOD I
39.01-1 603 1,036 58.20
39.01-2 620 836 74.16
39.01-3 407 468 86.97
39.01-4 518 772 67.10
39.01-5 1,593 2,256 70.61
39.01-6 1,581 2,240 70.58
39,02-1 704 897 78.48
39.02-2 876 1,187 73.80
39.02-3 211 211 100.00
39.02-4 1,564 2,097 74.58
I TOTAL I 8,677 I 12,000 I 72% L1M I
NORTH SHORE TARGET AREA
CITY OF MIAMI BEACH
PERCENT AGE OF LOW /MODERA TE INCOME PERSONS
BY CENSUS TRACT AND BLOCK GROUP
CENSUS - BLOCK % LOW/MOD CENSUS BLOCK % LOW/MOD
TRACT GROUP PERSONS TRACT GROUP PERSONS
39.01 1 58.20 43 1 73.77
39.01 2 74.16 43 2 73.43
39.01 3 86.97 43 3 81.18
39.01 4 67.10 43 4 85.54
39.01 5 70.61 43 5 61.06
39.01 6 70.58 43 6 69.78
39.01 7 22.96 43 7 60.96
39.02 1 78.48 44 1 78.72
39.02 2 73.80 44 2 87.88
39.02 3 100.00 44 3 89.67
39.02 4 74.58 44 4 82.29
39.02 5 44.54 44 5 94.40
39.02 9 39.86 44 6 89.98
39.05 1 40.73 44 7 75.38
39.05 2 71.97 44 8 63.04
39.05 3 31.15 45 1 78.33
39.05 4 78.18 45 2 73.73
39.06 6 0.00 45 9 0.00
39.06 7 14.43 45.99 0.00
39.06 8 11.75 45.99 9 0.00
40 1 45.63
40 2 31.25
40 3 22.55
40 4 10.54
40 5 69.20
40 6 22.80
40 7 15.01
40 8 32.08
41.01 1 81.11
41.01 2 53.40
41.01 3 53.61
41.01 4 41.80
41.01 5 7.34
41. 02 1 28.51
41.02 2 20.51
42 1 85.58
42 2 74.53
42 3 83.37
42 4 0.00
42 5 75.90
42 6 79.68
42 7 56.65
Source: 1990 Census Special Tab Tape, State of Florida (6/21/93)
Page 1 of 1
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, 12 U.S.C. 1701u.
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 135.20, 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 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
Page 1 of 3
SECTION 3 CLAUSE
(Continued)
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 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 135.20. 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 135.20, and will not
let nay 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
135.20, 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
Page 2 of 3
supject 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 135.20.
Page 3 of 3
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
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 a grant, contract, loan insurance, or guarantee, 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 payor other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
Page 1 of 6
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
FOR CONTRACTS SUBJECT TO EXECUTIVE ORDER 11246
(Continued)
conspicuous place, 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
consideration 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' representative 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 Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
Page 2 of 6