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