Loading...
Resolution 5655 r RESOLUTION NO. 5655 1uHER: AS, there has been filed with the Federal Works ency for and in behalf of the City of Miami Beach, Florida, (herein called the "Owner") , an application for Federal assis- tance under the Defense Public works program, and the United States of America, acting by and through the Federal 'works Adminis- trator, has transmitted to the Owner ant( Offer of Federal assistance in connection with the public works referred to in said application and described in said Offer; and Whi uAS, said Offer has been duly read in open meeting and has been fully considered in every resect in accordance with the pertinent rules of procedure and legal requirements; and WHEREAS, said Offer has been made a part of the public records of the Owner; and WHEREAS, it is deemed advisable and in the public interest that said Offer be accented: NOW, T iEREPO iE, BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that the said Offer of the United States of America, a true and correct copy of which is hereto at- tached, be and the same hereby is accepted without reservation or qualification. PASSED and ADOPTED by the City Council of the City of Miami Beach, Florida, on the 21st day of April, A. D. 1943. Mayor �_-----Attest: �'�hity Clerk UNITED STATES OF AMERICA FEDERAL WORKS AGENCY GRANT OFFER WASHINGTON, D. C.p ,` PROJECT No. FLA. 8- 249 DATED APR 1 2 1943 CITY OF MIAMI BEACH, M/ AMI BEACH, FLORIDA. SUBJECT TO THE TERMS AND CONDITIONS (FWA FORM No. CE 100, DATED AUGUST 1, 1912, REVISED FEBRUARY 16, 19t3) ATTACHED HERETO AND MADE A PART HEREOF, THE UNITED STATES OF AMERICA (HEREIN CALLED THE "GOVERNMENT'') HEREBY OFFERS TO MAKE YOU A GRANT OF $35,500 TO AID IN FINANCING THE ACQUISITION AND CONSTRUCTION OF PUBLIC WORKS CONSISTING OF RECREATION FACILITIES, INCLUDING NECESSARY LAND AND NECESSARY EQUIPMENT (HEREIN CALLED THE "PROJECT"), AT THE PRESENTLY ESTIMATED COST TO YOU OF $44,500: PROVIDED, HOWEVER, THAT IF THE ACTUAL COST IC YOU OF THE PROJECT UPON COMPLETION, AS DETERMINED BY THE FEDERAL WORKS ADMINISTRATOR, IS LESS THAN THE PRESENTLY ESTIMATED COST SPECIFIED ABOVE, THE GRANT SHALL SE REDUCED TO AN AMOUNT WHICH BEARS THE SAME RATIO TO SAID `ACTUAL COST AS THE AMOUNT OF THE GRANT SPECIFIED HEREIN BEARS TO THE SAID ESTIMATED COST. I THE OFFER DATED NOVEMBER 4, 1942 MADE EY THE UNITED STATES OF AMERICA TO YOU IS HEREBY REVOKED UNLESS IT HAS BEEN PREVIOUSLY ACCEPTED BY YOU IN WHICH EVENT YOUR ACCEPTANCE OF THIS OFFER SHALL EFFECTUATE A CANCELLATION OF THE CONTRACT CREATED BY SAID ACCEPTANCE OF SAID PRIOR OFFER: PROVIDED, THAT THE CANCELLATION OF SUCH CONTRACT SHALL NOT IMPAIR OR VITIATE ANY ACTS PERFORMED OR PROCEEDINGS TAKEN THEREUNDER PRIOR TO SUCH CANCELLATION, BUT SUCH ACTS OR PROCEEDINGS MAY BE CONTINUED UNDER THE CONTRACT CREATED BY THE ACCEPTANCE OF THIS OFFER. UNITED STATES OF AMERICA FEDERAL WORKS ADMINISTRATOR BY if 9A I RD NYDER Ot'11.FASSISTANT ADMINISTRATOR TU 3 5 8 FEDERAL WORKS AGENCY TERMS AND CONDITIONS • r INCORPORATED IN OFFERS PROVIDING FOR THE FINANCING AND CONSTRUCTION OF NON-FEDERAL WAR PUBLIC WORKS PROJECTS t FWA FORM No. CE 100 VE DATED AUGUST 1 , 1942 Revised February 16, 1943 FWA 5O3OQ to-SiJ40 TERMS AND CONDITIONS 1. CONDITIONS OF GOVERNMENT'S OBLIGATION. - The United States of America (hereinafter referred to as the "Government"!) may elect to termi- nate all or any of its obligations under these TERMS AND CONDITIONS and the Government's Offer (hereinafter collectivelS, referred to as the "Of- 'ler") to which they appertain: • (a) Representations. - If any .rcpresentat;ion of the. applicant to which' the Ofer is made (hereinafter referred to as the "Applicant") in its ap of b atten for Federal assistance, as amended or. supplemented (hereinaft-r referred to as the "Application"), or in any document sub- mitted to the Government by the Applicant, shall he incorrect or incom- plete in any material respect; (b) Financial Condition. - If, in caso the Government has offered to purchase bar 's or other securities of the: Applicant .(hereinafter re- ferred to as ""Bonds"), the fipancial -conditian of the Applicant shall have changed unfavorably in a material deaf=ree from its condition as theretofore represented to the Goveernl cot; (c) . Financing of Project. - If t e Applicant will not b: able, in the opinion of th3Government, or fails to provide when needed, or to demonstrate to the satisfaction of the Government that it can and will provirie when needed, funds sufficient, with the fnnds.made available by the Government under the Offer, to pay the cost of the public works . • described in the Offer (such public works being hereinafter referred to as the "Project ), or if, in case the'Government has offered to purchase Bonds, the Applicant shall not furnish a bond transcript satisfactory to the Government showing that the Bonds' are valid and binding obligations; (d) + Project. - If the Lpplicant will not be able, d Pras._.cu.,ion of o �. ,. in the opinion Orth Goverment, to construct the Project as originally planned, whether such inability is due to technical causes, the unavaila.,. bility of labor, equipment or m-at, rials, the failuret9 obtain necessary permits or authorizations, or to any other cause; or if the Applicant shall fail to commence or proceed with the construction of the Project with ' dispatch, in a sound, economical and efficient manner, in accordance with plans and specifications theretofore submitted to and approved by the Government,' and in compliance with applicable Federal Statutes and the Offer; or if the Applicant shall fail otherwise in the ;performance.or fulfillment of any of its obligations to be performed or fulfilled tinder .the Offer; (e) Documents to be Submitted; - If the Applicant shall fail to submit or cause to be submitted to the Government suchrecords, state- ments, reports, data, plans, drawings, specifications; contracts, work orders, assignments, bid tabulations, contract awards, estimates, cer- tificates or other documents affecting the Project, as may be requested by the Government, or if the Applicant shall proceed with the construction of the Project or take other action on the basis of any of- the foregoing - 1 - FWA 50300 - l0-SlLiO documents which are required to be submitted to the Government before the Government has advised the Applicant that, in its opinion, such documents comply with applicable Federal statutes and the Offer; • (f) Architectural or Engineering Supervision and Inspection. - If the Applicant shall fail toiprovide and maintain competent and adequate architectural or engineering supervision and inspection of the construc- • tion of the Project; (g) Bonus or Commission. - If it shall be• determined by the Govern- ment at any time that the Applicant has paid or agreed to pay, whether directly or indirectly, a bonus, commission' or fee to any person, firm or corporation for attempting to procure an approval of the Application, or for alleged services in procuring 'or in attempting to procure such ap- proval, or for activities of the nature commonly known as lobbying per- formed or agreed to be performed in connection with the Applicat4on. • 2. GOVERNMENT NOT OBLIGATED TO THIRD PARTIES. - The Government shall not be obligated or liable hereunder to any party other than the Applicant. 3`. INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS. - No member of or' delegate to the Congress of the United States of America shall be ad- mitted to any share or part of the agreement or contract resulting from. the Applicant's acceptan e of the'Offer or in any benefit arising there- from. • • )4. OTHER PROHIBITED INTERESTS. - No official of the Applicant who is authorized in such capacity and on behalf of the Applicant to nego- tiate, make, accept or approve, ' or to take part in negotiating, making, accepting; or approving any architectural, engineering, inspection, con- struction or material supply contract or any subcontract in-connection with the .construction of the Project, shall°become directly or indirectly interested personally in any such contract. No official, employee, : architect, attorney, engineer or inspector of or for the Applicant who is authorized in such capacity and on behalf of the Applicant to exercise any legislative, executive, supervisory or other functions in connection with the construction of the Project, shall become directly or indirectly interested personally in any construction contract, material supply contract, subcontract, insurance contract, or any other contract, pertaining to. the Project. The Applicant shall be responsible for enforcement of the foregoing provisions of this paragraph. 5. EXPENSES PRIOR TO DATE OF OFFER. - In determining the• amount of Federal assistance to be paid to the Applicant under the Offer, the Gov- ernment will exclude from consideration all Project costs incurred by the •Applicant prior to the date of the Offer unless such costs have been included in the- estimate of cost of the Project incorporated in the Application and, in the opinion of the Government, were incurred by the Applicant in anticipation of Federal assistance for defense public works. 6. GRANT ADVANCES AND PAYMENTS. - The Applicant may,requisition - 2 - • FWA 5O3OQ 10-S1140 • advances or payments on account of the grant provided in the Offer at any time after receipt of the Offer but not later than six months fol- lowing the completion,• abandonment or termination of. the Project. Such requisitions shall be accompanied by such supporting data as the Government may require. After the Applicant's acceptance of the Offer and subject to the provisions of the Offer, the Government will honor such requisitions in amounts and-at times deemed by it to be proper to. insure the expeditious prosecution and payment of the costs of the Project. Payment on account of the grant may be made in cash or by cancellation of Bonds or other obligations owing by the Applicant to the Government, or partially in cash and partially by cancellation, at the• option of the• Government. No request for review of'a determination of the Government affecting the grant payable . • under the Offer will be consid.ered .unless such request is received by the • Government not later than three months following notice to the Applicant of such determination. - . etermination. -. 7. LOAN ADVANCES AND PAYMENTS. - The Applicant may requisition on account of the loan, if any, provided in the Offer, advances in anticipation • of the issuance of the Bonds, or payments,, at any time .after receipt of the. Offer, any such advance to bear interest from the date the Applicant • receives such.•advahce to the date of. delivery of the Bonds at the ,same rate borne by the Bonds. Such requisitions shall be accompanied by such supporting data as the Government may require. After the Applicant's acceptance of the Offer, 'and subject to the provisions ,of the Offer, the - Government 'will honor such requisitions in amounts and at times deemed • 'by it to be proper. Iff after advances have been made on account of the loan in anticipation of the issuance of the Bonds, the Applicant is unable, in the opinion of the Government, to issue the- Bonds because of circumstances beyond the control of. the Applicant's governing body, the Government my, atit4 election, tx;at such advances as a grant. • 8. CONSTRUCTION ACCOUNT. - All funds, however provided, for the pay- ment of the cost of the Project shall be dep6sited, promptly upon the re ceipt thereof, in a separate account or accounts (hereinafter collectively referred to as! the "Construction Account"). Unless otherwise required by law, the Construction Account shall be set up in a bank or banks which are members of the Federal Deposit Insurance Corporation.. Moneys in the Construction Account shall- be expended only for costs 'of the Project and in accordance with such purposes as shall have been previously specified in the latest project control estimate approved for the Project, or, if any, • the latest signed certificate of purposes filed with and as approved by the • Government: Provided, That if any Bonds are held by the Government after • all costs incurred in connection with the Project have been paid, all • moneys then remaining1 in the Construction Account. shall be used to re- purchase Bonds or•tshall"be transferred to a bond fund for the payment of interest on and. principal of the Bonds. 9. ABANDONMENT OF PROJECT. - If the Project shall be abandoned prior to its completion- or the completion of the Project becomes, in the opinion of the Government, impossible of accomplishment by the Applicant whether due to technical causes, the unavailability of labor, equipment or materials., the failure to obtain necessary permits orauthorizations, 'or to any other causes: • - 3 - FWA 50300 1©-s14o (a) Grant Payable. - The Government shall thereupon be relieved of all of its obligations under the Offer with respect to payment of .grant, except that if such abandonment is consented to or concurred in by the Government, or the Government determines that the completion of the Project is impossible of accomplishment due tonic fault of the Applicant, the Government's obligation to the Applicant shall continue as to an amount of grant bearing the same ratio to expenditures theretofore made and costs incurred by the Applicant (in accordance with the .provisions of .the Offer and as approved by the Government) that the maximum .grant provided by the Offer bears to the estimated cost of the Project upon which the Offer has been based; (b) Purchase of Bonds, - The Government shall thereupon- be relieved . of all of its obligations under the Offer with respect to the purchase of Bonds thereunder, except that the Government shall have the Tight at its election to purchase such Bonds under the Offer as it shall deem necessary to aseure payment of incurred Project costs, and to cause the Applicant to deliver Bonds on account of which the Government has theretofore made advances; • (c) Reimbursement For Funds Advanced. - The Applicant shall forthwith cause to be returned to the Government the portion of all advances or, pay- ments made to the Applicant under the Offer not theretofore expended..on the Project in accordance with the Offer, except that an amount thereof equal to the principal of the Bonds purchased by the Government and then outstanding, together with accrued interest thereon, may be transferred by the Applicant to a bond fund for the payment of such principal and accrued interest: Provided, That only so much.of the expenditures on the Project shall be considered. as having been made from advances or payments made to the Applicant under the Offer as shall be determined by applying the ratio which such advances or payments at the time of expenditure bore to the total funds then available in cash for the making of such expenditures; (d) Completion by the Government. - If the Government determines to take over and complete the Project, there shall be applied on the .acquisition cost of the completed portion thereof so much of the advances or payments made by the Government under the Offer as shall not have been returnedby the Applicant to the Government, less the amount, if any, transferred by the Applicant to the bond fund pursuant to the provisions of subparagraph (c) hereof. (e) Return of Grant Payments. - Nothing herein shall be construed to waive a'ny right which the Government may have to the return of the whole or any part of the advances or payments made under the Offer in addition to the advances or payment€ above provided to be repaid, or any other right which the Government may have, if the Applicant shall have abandoned the Project prior to its completion without the consent of the Government or shall have acted in bad faith or made any misrepresentations concerning the completion of the Project or the use of such advances or payments. 10. . SALE OF BONDS TO OTHERS. - If the Offer provides 'for a loan, the Applicant may, with the prior consent of the Government, sell all or any part of the Bonds to purchasers other than the Government. - h FWA 50300 _ 10-S140 11. CONSTRUCTION OF.THE PROJECT. - (a) Unless the Government shall consent to the use of a different method in the construction and equipment of the Project, or to the award of contracts on a bagis other than that herein provided, the contract method shall be used in the construction and equipment of the Project, and all construction, material and equipment contracts shall be awarded to the lowest responsible bidder and, except as to contracts estimated to cost not more than $1,000, upon free, open and competitive bidding after advertisement for bids sufficient to insure ade- • quate competition: Provided, That no contract on a cost plus a percentage of cost basis shall be made: Provided, further, That no contract on a cost plus a fixed fee basis shall provide for a fixed foe in excess of 6 per centum of the estimated cost. TIMPIOXIMPRIMPROWIPPRIPMEIVIMISWEI4t a contra:ct oh +. •co- . alas a _:d s :goon nbt sa t of th - cost of t._: tract for which-ch t.`c contractorshall h;5 • (b) The Applicant shall require that, where a general contract is 1 let for the work, -specialty subcontractors shall be utilized for the per- formance of such parts Apf the work as, undfer normal contract practices, are performed by specialty subcontractors, unless (1) the ;general contrac- tor has theretofore customarily performed such specialty work with his own organization and is then equipped to do so, or (2) in the opinion of the Applicant, concurred in by the Gov�ernme-nt, the performance of specialty work by specialty subcontractors will result in Materially increased costo or inordinate delays. 12. CONTRACT SECURITY.- The Applicant shall require that each con- struction contractor shall furnish a bond or bohds of such tsae and in an amount or amounts adequate to secure the faithful performance of his con- tract. 13. CONTRACTORS' AND SUBCONTRACTORS' INSURANCE. - The Applicant shall require that there be maintained adequate compensation insurance for all contractors' and subcontractors' employees engaged in work on the Project. • 14. QUALIFICATIONS FOR E _ LO1b 1TT. - The Applicant shall require • that (a) in the employment of laborers and mechanics for work on the Proj- ect, preference shall be given to qualified local residents; (b) no person under the age of sixteen (16) years shall he employed on the Project; (c) no person currently serving sentence in a penal or correctional institu- tion and no inmate of an institution for mental defectives shall be employed on the Project; and (d) no person whose age or physical condition is such as to make his employment dangerous to his health or safety or to the health or safety of others shall be eaployed on the Project: Provided, That this shall not operate against the employment, of physically handi- capped persons, otherwise dmployable, where such persons may be safely assigned to work which they can ably perform. 15. NON-DISCRINIdATION. -- The Applicant shall require that there shall be no discrimination by reason of race, creed, color, national origin • FWA 50300 lO-s1).:O • or political affiliations in the employment of persons qualifiedby training and experience for work or. the Project. 16. COLLECTIVE BARGAINING. - The Applicant shall require that the legal rights of all workers on the Project to organize and to bargain col- . lectively, to be protected from the requirement to join a company union, and to enjoy freedom of expression and. action with respect to wages, hours and conditions of labor shall not be infringed. • 17. LABOR REGISTRATION. - The Applicant shall require that, at the election of the Government, workers on the Project must register at such times and places and in such manner as the Government shall direct. 18. WAGE RATES. - The Applicant shall cause minimum wage rates for the various classes of laborers and mechanics engaged in work on the Proj- ect to be determined in accordance with applicable law. In the absence of such law, the Applicant shall determine, and submit to the Government for its concurrence, such minimum wage rates, and in so doing shall give consideration to the rates prevailing for the corresponding classes of laborers and mechanics employed upon projects of a character similar to the Project work in the area from which labor for the -Project must be drawn, and to new wage rates, negotiated and concluded through :bona fide collective bargaining processes, to become effective at a later date. The Applicant shall require that a complete schedule of all' such minimum wage rates (whether determined by the Applicant with the concurrence of the Government, or as required by law) shall beset forth in each construction contract prior to inviting bids for such contract, and that the wages paid to such laborers and mechanics be not less then the minimum rates so determined therefor. The Applicant shall also require that all deter- mined minimum wage rates and all, authorized deductions,,' if any, from un- paid wages actually earned shall be poste at appropriate conspicuous points at the site of the Project. Unless otherwise required by law, wage rates need not be established for non-manual workers, including ex- ecutive, supervisory, administrative and clerical employees. 19. COMPUTATION OF WAGES ON 8-HOUR DAY. - The Applicant shall re- quire (a) that the wages of every laborer and. mechanic engaged in work on the Project shall be computed on a basic day rate of eight hours per day, eight hours of continuous employment, except for lunch periods, constitut- ing a day's work when a single shift is employed, and seven and one-half hours of continuous employment, except for lunch periods, constituting a day's work when two or more shifts are employed.; and (b) that work in ex- cess of eight hours per day shall be permitted upon compensation, when a single shift is employed, at one and one-half times the basic. rate of pay for all hours worked. in excess of eight hours on any one day, or at any time during the interval from 5 P.N. Friday to 7 A.M. Monday, or on holi- days, and, when two or more shifts are employed, at one and one-half times the basic rate of pay for all hours worked in excess of seven and one-half • hours on any one day or at any time during the interval from Friday mid- night to Sunday midnight. 4 FWA 5030 10-S140 20. • PAifi4E?vT OF EEPLOYEES. - The Applicant shall require that each construction contractor and subcontractor shall pay each of his employees engaged in work on the Project in full in cash and not less often,than. once each week, less legally 'required deductions and also deductions permitted by the regulations. prescribed under the so-called "Kick-Back State to" (! 8 Stat._ 9).,8): Provided, That when circumstances render. payment ment in cash infeasible or impracticable payment by check may be effected upon •consideration that funds are made available in a local. bank and checks may be cashed without charge, trade requirements or inconvenience to the worker. 21. WAGE UNDERPAYMENT AND ADTUSTKENTS. - The Applicant shall require • that, in cases of underpayment of wages by any contractor, it shall with- hold from such contractor out of pay;n.ents due, an amount sufficient to pay workers employed. on the work covered. by his contract- the difference be- tween. the wages required to be paid under the contract and the wages actu- ally paid such workers for the total number hours worked and may dis- burse of burse Such amounts so withheld- by it for and so account of the contractor to the respective employees to when they aredue. 22. "KICK PACY"' PECTUTATTO,NS. Applicant shall requi.r' the inclusion in all contracts witcontractorn or subcontractors for the construction or prosecution of the Proeet satisfactory provisions ex- pressly binding the respective contractors or subcontractors to comply with such applicable re,~nlations as are issued by the Secretary of. Labor pursuant to the so-called "Kick-Back Statute" (L8 Stat. 948) approved ,June 13, 1934, as amended or su_:plemented by any other statute. 23. APPRENTICES. - Unless- otherwise required by law the Applicant shall require that the number of apprentices, in each trade or occupation, enoloy d by each construction contractor or subcontractor, shall not ex- ceed the number permitted by the a. jlicable standards of the United States Department of Labor, or, in the absence of sea.ch standards, the number per- mitted. under the usual practice prevailing between the unions and the em- ployers' associations of the respective trades or occupations. 24. ACCIDENT PREVENTION. - The Applicant shall require that precau- tion shall be exercised -at all times for the protection of persons (includ- ing employees) and property, and that hazardous conditions be guarded against or eliminated.. 25. INSPECTION. - The Applicant shall require that the Federal Works Administrator and his authorized representatives and agents be permitted, and it will itself permit them, to inspect all work, materials, nay rolls, records of personnel, invoices of materials and other relevent arta. and records. The Applicant shall cause to be provided and maintained during the construction of- the Project adequate facilities at the site thereof for the use of the Administrator's representatives or ag;onts assigned to the Project. 26. SIGNS. - The Applicant shall cause to be erected. at the site of the Project such signs, identifying the Project, as the Goyernment may prescribe. .0 - 7 — FWA 50300 10-511.0 27! REPORTS, RECORDS AND DATA. - The Applicant shall submit, and shall require each contractor and subcontractor on the Project to submit, to the Government such schedules of quantities and costs, progress sched- ules, pay rolls, reports, estimates, records and' miscellaneous data as may be required under applicable Federal statutes or rules and regulations promulgated thereunder. . . 20, PAMNTS TO CONTRACTORS. - Not later than the fifteenth day of each calendar month the Applicant shall make a partial payment to each con- struction on-struction contractor on the basis of a duly certified and approved.estimate of the work performed during the .preceding calendar month by the particular • contractor# but shall retain until final completion and acceptance of all work covered by the particular contract a reasonable amount, specified in the contracts sufficient to insure the proper performance of the contract. 29, NAM.INC PROJECT. - The Applicant shall not name the Project .for any living person. 304 COMFE 20RATIVE TABLETS. AND CORNERSWNBS. .- Commemorative tablets and cornerstones for the Project must be satisfactory to the Government. • • 3a,, STATE OR TERRITORIAL LAW. Anything in the Offer to' the contrary. notwithstanding, nothing in the Offer shall require the Applicant to ob-i serve or enforce compliance with any provision thereof, perform any other act-or. do any-other thing. in contravention of any applicable State or Territorial law; Provided, That if any of the provisions of the Offer violates any applicable State or Territorial law, or if compliance with .the provisions of the Offer would require the Applicant to violate any applicable State or Territorial law, or if bPcause`,of any other reason the Applicant cannot comply with any of such provisions . the Applicant will at once notify the Federal Works Administrator i_r writing- n order that ap- propriate changes and modifications may be made by the Federal. Works Ad- ministrator and the Applicant to the end that the Applicant may proceed as soon as possible with the construction of the Project. 32. WAIVER. - Any provision in the Offer and the Terms and Conditions maybe waived in whole or in part (and subjectto such conditions as may be deemed desirable) with the consent of the Applicant and the written ap- proval of the Government without the execution of a new or supplemental agreement. • - 8 - cd S-1 r--I ifl G-I O to \.O 4-4 4-D Lr1 0 5; O O • 14 4-+ O •ri o > : O 0 H tlLLi� O -1 co c, t12 o W OE cd Ix o o c o CH a