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South Miami AII•AmedeaCtty 1 If „CEO CITY OF SOUTH MIAMI F < OFFICE OF THE CITY MANAGER oat� INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Roger MCarlton, Acting City Manage From: Carol M. Aubrun, Grants Writer /Administrator ey Date: January 14, 2010 Agenda Item No.: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE FISCAL YEAR 2008 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR THE MURRAY PARK SWIMMING POOL DESIGN IN THE AMOUNT OF $276,000.00 WITH AN EXTENDED EXPIRATION DATE OF JUNE 30, 2010; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the Acting City Manager to execute a grant amendment with Miami - Dade County's Department of Community & Housing Development for Murray Park Pool Design. Background: In 2004, the City of South Miami conducted a feasibility study for a pool facility. The study concluded with several options for a pool to be located at the Bethel Gibson Community Center (Murray Park) within the Community Redevelopment Area. The project was added to the City's Capital Improvement Plan, which is adopted annually by the City Commission, and is also included in the Parks and Recreation Master Plan. The City has submitted applications for funding to Miami -Dade County's Department of Housing & Community Development (DHCD), which was formally the Office of Community & Economic Development (OCED), for design and construction, respectively. During 2008, the City was awarded funding for the design phase of the project in the amount of $276,000.00. Subsequently through the 2009 Action Plan process, the City has been awarded a grant in the amount of $756,911.00 for the construction phase of the project. The contracted design firm has completed and submitted 50% completion plans for staff review and comment. The final completion plans (100 %) were scheduled to be submitted within the month of December prior to the contract expiration date (December 31, 2009). At the request of the Green Design Taskforce, the City has sought an amendment for LEED certification and elements to the pool project. Therefore, a request for an extension had to be made to the funding agency to allow adequate time to research and include LEED certification as part of the project. This amendment will allow for six additional months for project completion, which will expire on June 30, 2010. The attached resolution will allow the Acting City Manager to execute the grant agreement amendment with DHCD for extending the design phase. Moreover, City staff has also been working with Miami -Dade County's Department of Water & Sewer and Department of Environmental Resource Management regarding the capacity of the nearby Sewer Lift Station to address water produced from emptying the pool, should there be any need. District 7 County Commissioner Carlos A. Gimenez is in the process of awarding his Community Development Block Grant funds in the amount of $160,000.00 to the project. The additional $160,000.00 from Commissioner Gimenez will help offset additional construction costs; this will bring the total construction award amount to $1,116,911.00. At the present time, the study of operation cost and potential revenue sources, which includes fees, special events and the CRA, is nearing completion. Cost: N/A Funding Source: Department of Housing & Community Development (formerly the Office of Community & Economic Development) Backup Documentation: ❑ Proposed Resolution ❑ Amendment Documents ❑ Notification Letters ❑ Newspaper announcement ❑ Previous Resolution & Existing Contract Packet Page 2 of 2 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE FISCAL YEAR 2008 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR THE MURRAY PARK SWIMMING POOL DESIGN IN THE AMOUNT OF $276,000.00 WITH AN EXTENDED EXPIRATION DATE OF JUNE 30, 2010; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami was awarded a grant for Murray Park Pool Design in the amount of $276,000.00 from Miami -Dade County's Department of Housing and Community Development with a contract expiration date of December 31, 2009; and WHEREAS, it is necessary to extend the grant agreement in order to include LEED elements and certification as part of the Murray Park Pool Design Phase; and WHEREAS, the City of South Miami has been approved for a 6 -month contract extension in the form of a grant agreement amendment by Miami -Dade County's Department of Housing and Community Development for the Murray Park Pool Design Phase through a grant agreement amendment; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Department of Housing and Community Development; and WHEREAS, the Mayor and City Commission authorize the Acting City Manager to execute the grant agreement amendment with Miami -Dade County Department of Housing and Community Development for the Murray Park Pool Design Phase with the change in expiration date from December 31, 2009 to June 30, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the Acting City Manager to execute the grant agreement amendment with Miami -Dade County's Department of Housing and Community Development for Murray Park Pool Design Phase in the amount of $276,000.00 and a new expiration date of June 30, 2010. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK CITY ATTORNEY Include File Name and Path day of .12010. APPROVED: •M COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Newman: Commissioner Palmer: Commissioner Sellars: WE"" N Carlos Alvarez, Mayor December 29, 2009 Mr. Roger M. Carlton Acting City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Dear Mr. Carlton: Re: Amendment One to FY 2008 CDBG Contract - $276,000 (Murray Park Swimming Pool — Design Phase) Community & Economic Development 701 N.W. 1 st Court • 14th Floor Miami, Florida 33136 T 786. 469 -2100 F 786 - 469 -2170 miamidade.gov This letter accompanies Amendment One to the FY 2008 Community Development Block Grant (CDBG) contract between your agency and Miami -Dade County. That agreement covers the $276,000 award that the Board of County Commissioners approved for your agency's Individual Development Accounts activity on November 06, 2007 through Resolution #R- 1227 -07. The individual authorized legally by your agency's Board must sign and date all seven counterparts and the Certification Regarding Lobbying form included In each contract. Do not date the sentence that begins "IN WITNESS THEREOF, the parties hereto..." This will be' completed by the Department of Housing and Community Development (DHCD). Your organization's corporate seal must be affixed to all copies returned to DHCD. You must return six of the seven contract copies to your current Project Manager, Letitia S. Goodson, by January 11, 2010. Please ensure that you meet that deadline to prevent any delays in the execution of your agency's agreement or the processing of payments for the expenditures of your projects. The following items contain the federal and DHCD regulations, policies, and procedures that apply to your agency's agreement: X Contract Compliance Manual X OMB A -122 X Revised CDBG Regulations (24 CFR Part 570) TOMB A -133 TOM A -110 X F.S. 607.124 Please contact Ms. Goodson at (786) 469 -2220 if you have any questions regarding the agreements or the project's budget. Sincere] t S /onia Colon Team Leader Project Management Unit SC:Isg Enclosures (7) c: Central File: City of South Miami -FY 2008 CDBG (Murray Park Swimming Pool — Design Phase) AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1. Do you have any past due financial obligations with Miami -Dade County? YES NO Single Family House Loans — Multi- Family Housing Rehab — CDBO Commercial Loan Project _ U.S. HUD Section 108 Loan — Other HUD Funded Programs — Other (liens, fines, loans, Occupational licenses, etc.) — If YES, please explain 2. Do you have any past due financial obligations with Miami -Dade County? YES NO If YES, please explain: 3. Are you a relative of or do you have any business or financial interests with any elected Miami -Dade County official, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory Boards? YES NO _ If YES, please explain: Any false Information provided on this affidavit will be reason for rejection and disqualification of your project- funding request to Miami -Dade County. The answers to the foregoing questions are correctly stated to the best of my knowledge and belief. By: (Signature of Applicant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20_ M He/She is personally known to me or has presented as identification. (Type of Identification) (Signature of Notary) (Print or Stamp of Notary) Notary Public – Stamp of (State) (Serial Number) (Expiration Date) Notary Seal COLLUSION AFFIDAVIT (Code of Miami -Dade County Section 2 -8.1.1 and 10 -33.1) (Ordinance No. 08 -113) BEFORE ME, A NOTARY PUBLIC, personally appeared duly sworn states: who being (insert name of affiant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and /or I am otherwise authorized to bind the bidder of this contract. I state that the bidder of this contract: ❑ is not related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. OR F1 is related to the following parties who bid in the solicitation which are identified and listed below: Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals, Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of *one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected. By: Signature of Affiant Date Ott] 1.= 1- 1- 1- r -1 -r -1 Printed Name of Affiant and Title -Federal Emp- loyer Identification Number Printed Name of Firm Address BID PACKAGE ADDENDUM Me ised912199 SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20_ He /She is personally known to me or has presented as identification. Type of identification Signature of Notary or Stamp Name of Notary Notary Public — State of Serial Number Expiration Date Notary Seal BID PACKAGE ADDENDUM Revised 4/12/99 AMENDMENT ONE TO THE FY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI This contract entered into between Miami -Dade County, hereinafter referred to as the "County" and City of South Miami, a Florida nonprofit organization, hereinafter referred to as the "Awardee" executed on March 24th, 2009, is amended as follows: Paragraph IV. The Awardee and OCED Agree: A. Effective Date 1. This contract began on January 1, 2008. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This contract shall now expire on June 30, 2010. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County, The term of this agreement and the provisions herein may be extended by the County to cover any additional time period during which the Awardee remains in control of the CDBG funds or other assets, including Program Income to support CDBG eligible activities. Any extension made pursuant to this Daracraph shall be accomplished by writing by the County to the Awardee. Such notice shall automatically become a part of this contract. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph Y, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. Attachment A is amended as indicated in Attachment A. C. Attachment Al is amended as indicated in Attachment Al. D. Attachment B is amended as indicated in Attachment B. The effective date for this amendment is December 31, 2009. Except for any changes enumerated above, all provisions of the contract shall remain in full force and effect. This Amendment and all its attachments are hereby made a part of the Agreement. Murray Park Swimming Pool - Design Phase Contract Date: 1101108 - 06130H0 AWARDEE: City of South Miami M0.104 TITLE: City Manager Witness: BY: (Signature) Type or Print Name Federal ID Number: 59- 6000431 Index Code: CD534C09CI MIAMI -DADE COUNTY NAME: Shalley Jones Horn TITLE: Department Director DATE: Contractor's Fiscal Year Ending Date: September 30'h CORPORATE SEAL: AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 2 - ACTIVITY TITLE: IDIS #: INDEX CODE: RESOLUTION #: DUNS #:. ACTIVITY # ACTIVITYDESCRIPTION: 2a — Activity Category: 2b, — Objective: 2c. — Outcome: 3. - APPROVED BY BCC: Other Funding Source and Amount: 4. - TOTAL PROJECT COST: HUD INFORMATION: 5a. —HUD matrix code: 5b. — HUD Activity Type: 6. - ACCOMPLISHMENTS: 6a. —Number of Units: 6b. —Type: NATIONAL OBJECTIVE: Total # of Low/Mod in Service Area: Census Tract: Block Group: 8. - ACTIVITYADDRESS: 9. - LOCATION: NRSA: District: 10. -LABOR STANDARD applicable. Type of Work: ❑ Building COMMENTS: Murray Park Swimming Pool — Design Phase 024628976 20051346 The design and construction of a community swimming pool located at Murray Park 6700 S.W. 58111 Place, South Miami, FL 33143, in the South Miami.NRSA. Amount: $276,000 Source: CDBG FY: 2008 1 PublicFaeitity -- 570,208(a)(1) Low/Moderate Income Area Benefit (LMA) 4,000 76.03 03 5800 SW 66 Street, South Miami Florida 33143 South Miami ❑ Residential ❑ Highway ❑ Heavy ➢ PROJECT MANAGER: Letitia S. Goodson PLANNER: Winston Parkinson a iai p{� CY b C O W F p 2 D gp � G 3 m T 5 y O tmi c b o uoyi 00 m A m g ail �� � -• S S S c 3 F7� v °fur A ttffll y�N m O 9 yy M� V4 3 �s DC O h API ISh a c 3 Y.i1 02, ➢ go gg 0 10 19, 22� z a 1H off Iss kAl NFA N IT > > :,1 > 0 A A z 0 0 0 ip 0 z A s F ft A lip c z O�j0 Z -0 A Eby 0 c 2 5 A, 0 Ho a 0 0.2 KAM RZ 0 c 0 A 0 a m A z MO jji BUDGET Attachment B CITY OF SOUTH MIAMI Murray Park Swimming Pool- Design Phase CDBG FY2008 SUMMARY BUDGET January 1, 2008 through June 30, 2010 SOURCES OF OTHER FUNDING City of South Miami TOTAL AMOUNT $50,000 PRIOR YEAR FY 2008 NON -DHCD CATEGORIES FUNDING FUNDING FUNDING TOTAL i. Personnel $0 16,363 $0 $16,363 II.Contractual Services $0 $259,637 $50,000 $309,637 III.Operating Services $0 $0 $0 $0 IV. Capital Outlay $0 $0 $0 $0 TOTAL BUDGET $0 $276,000 $50,000 $326,000 SOURCES OF OTHER FUNDING City of South Miami TOTAL AMOUNT $50,000 ATTACHMENT B CITY OF SOUTH MIAMI CDBG FY 2008 Murray Park Swimming Pool- Design Phase DETAIL BUDGET January 1, 2008 thru June 30, 2010 4010 Fringe Benefits - Non -DHCD DHCD ITotalDHCD Total All Sources 1PP 1,163 CD534C09CI D 1 4010 PERSONNEL - Employee 0 0 Sub -Total Fringe 0 Regular- Salaries 1,163 1,163 9 +030 Other Professional Svc 50,0001 Public Works Director 1 950 8371 0 $7,000 $7,000 $7,000 Chief Accountant 16,3631 0 $2,700 $2,700 $2,700 Grants Administrator 0 0 $5,500 $5,500 $5,500 Sub -Total Salaries 0 $15,200 $15,200 $15,200 4010 Fringe Benefits - FICA (salaryX7.65%) 1 01 1,163 1,163 1,163 21012 Environmental Audit D 1 0 0 0 Sub -Total Fringe 0 1,163 1,163 1,163 9 +030 Other Professional Svc 50,0001 259.637 1 950 8371 309,637 Total Personnel 01 16,363 16,3631 16,363 Contractual Services 21011 External Audit 0 0 0 0 21012 Environmental Audit D 1 0 0 0 21030 Other Professional- Svc Const Mgmt 01. 0 0 0 9 +030 Other Professional Svc 50,0001 259.637 1 950 8371 309,637 22350 Bottled Water Oi 0i01 01 ol 0 25330 Rent Copier 0 0 0 0 25511 Building Rental 01 0 Total Contractual I 1 60,0001 1,637 309,637 Operating Expenses 31011 Telephone Regular 0 0 0 0 31011 Telephone Long Distance 0 0 0 0 31610 Postage 0 0 0 0 31420 Advertising Radio 0 [ 0 0 0 Total Operating Expenses 01 0 0 Commodities 31510 Outside Printing 0 0 0 0 95020 Computer Purchase 0 0 0 0 47010 Office Supplies/ Outside Vendors 0 0 0 0 Total Commodities 0 0 0 0 Capital Outlay 90 Construction 0 0 0 0 Infrastructure Improvements 0 0 0 01 Total Capital Outlay 1 01 0 1 0 0 TOTAL BUDGET 50,0001 276,000 276,000 326,000 17 CERTIFICATION REGARDING LOBBYING Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the malting 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 of the 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 an 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure, By: (Signature of Authorized Representative) Print: (Print Name of Firm and Authorized Representative) .' Title: Date: SOONER'. �* r- ,;:,� VMS Housing and Community Development 701 N.W. 1 st Court • 1,4th Floor Miami, Florida 33136 T 786 -469 -2100 F 786 - 469 -2336 miamidade.gov Carlos Alvarez, Mayor November 25, 2009 Mr. Roger M. Carlton Acting City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 fl DEC 0 3 2009 MANAGER'$ Re: FY 2008 CDBG Contract Extension (Murray Park Swimming Pool — Design Phase) Dear Mr. Carlton: in response to your correspondence dated November 16, 2009, your agency is requesting a six (6) month extension for the FY 2008 Community Development Block Grant (CDBG) contract between Miami -Dade County and City of South Miami for the Murray Park Swimming Pool — Design Phase project. We understand that no additional funding is being requested for this phase of the project, Staff is aware that the City of South Miami is requesting this extension due to the public workshops that were held in order to obtain the public's input for the project which has caused the need for changes and has created some adjustments to the design. After review and discussion, the Department of Housing and Community Development's (DHCD) has approved your request. This will allow your organization time to complete the design required to move forward with the construction of the project, meet the accomplishments, and achieve the national objective, The extension is being granted with the understanding that the activity will be completed and the new expiration date will be June 30, 2010, Please be mindful that a contract amendment is required to extend the time. Also, revised Budget, Scope of Services /Action Steps must be submitted reflecting the extended time. If you have any questions about the amendment, revised Budget or revised Scope of Services / Action Steps, please contact your Project Manager, Letitia Goodson, at (786) 469 -2220. Sinc Iy, Ta Ole White Jackson, Director Community and Economic Development Division TWJ:Isg:ed c: Jose Glivo, CSM, Public Works Director Carol Aubrun, CSM, Grants Administrator Sonia Colon, Team Leader, PM Unit, DHCD Letitia S. Goodson, Project Manager, DHCD Central File: City of South Miami - FY 2008 CDE sa zj South Miami 04 r CITY OF SOUTH MIAMI 6130 Sunset: Drive NFAme cache • �VCOPP°FAl r South Miami, FL 33143 °r Tel. (305) 663 -6338 Fax (305) 663 -6345 c o n,o zoos November 16, 2009 Ms. Letitia Goodson, Contracts Officer Department of Housing & Community Development 701 NW I" Court, 14"'rloor Miami, PL 33136 0 RE: City of South Miami Murray Park Pool Design- Index Code CD534C09CI Dear Ms. Goodson: Please accept this letter as a formal request to amend the Murray Park Pools Design Phase, which is scheduled to expire on December 31, 2009, The amendment is being sought to extend the contract for six (6) additional months in order to complete the entire design phase, which would include permitting and bid phase as well. The City has held public workshops in order to obtain public input for the project; this has caused the need for changes that will create some adjustments. However, the project is still a very high priority and the extension will allow for the design commitment(s) to be completed. The new completion date requested is June 31, 2010. Should you need any additional information, please do not hesitate to contact me at 305 -663- 6350 or via email at joliv @oityofsouthmiami.net. Sincerely, 6-lose Olivo Public Works Director Cc: Carol Aubrun, Grants Writer /Administrator MIAMI-D:ADE) ANNOUNCEMENT ON PUBLIC HEARING FOR THE PROPOSED AMENDME NT TO THE FY 2007 THROUGH 2®®9 ACTION PLAN In the Miami Herald of December 5, 2009, a Public Hearing was rescheduled to January 13, 2010 at 9:30 a.m. before the Housing and community Development Committee (HCD)r, at the Board of County Commission Chambers located on the second love[ of the Stephen R Clark Center, 111 NW 1st street, Miami, Florida, to consider the proposed amendment to the FY 200 through, 2009 Action Plans, which includes the refinancing guidelines for the HOME Investment Partnerships Program (HOME) and the Community Development Block Grant (CDBG) program. The advertisement also extended the public comment period from November 9, 2009 to January 13, 2010 at 9:30 a.m. Based on the comments received during the Public Comment period, the recommended allocations and refinancing guidelines are being re-advertised as indicated below. A copy of the amendment is available at our office at 701 NW 1 st Court, Miami, Florida and is available on our web site at miarhidade.gov/ ced. All comments should continue to be submitted in writing to the attention of Shalley Jones Horn, Director, Miami-Dade County Department of Housing and Community Development (DHCD) , 701 NW 1 st Court, 14th floor, Miami; Florida 33136. Please contact Rosa Davis, Lead Principal Planner, at (786) 469-2100, if you have any.questions concerning this action, or if you,need to request free accommodations for disabled or non-English speaking residents. Such requests must be made at least five days in advance of the scheduled public hearing. Federal regulations governing the CDBG funds require that a participating jurisdiction provide citizens with reasonable notice of, and an opportunity to comment on, any substantial amendments to the FY 2007 through 2009 Action Plans. PROPOSED AMENDMENT TO THE FY 2007 THROUGH 2009 ACTION PLANS SOURCES OF REALLOCATED CDBG FUNDS Agency � y City of Doe Looks Shefliondy. Park Pool/ Commission District commission Disrict N/A -$150,000 COED 2009 Fund Fund 02 Reserve & Renovation Commission District Commission Disrict N/A -$160,000 CDBG 2009 Fund Fund 07 Reserve CDBG 2009 Center (to include Commission District Commission Disrict N/A -$200,000 COBB 2009 Fund Fund 13 Reserve - Contractor's Resource -- Commission -District Commission Disrict _N/_A_ _j40 CDBG Do G 2007 Fund Fund 08 Reserve, Dynamic: Community Economic Commission District Commission Disrict N/A -$5,000 CDBG 2007 Fund Fund 13 Reserve I I TOTAL COBB FUNDS TO BE REALLOCATED -$555,000 L I RECOMMENDED REDISTRIBUTION OF CDBG FUNDS City of Doe Looks Shefliondy. Park Pool/ 3062 $25,000 COGS 2009 Gymnasium Expansion & Renovation City of South Miami Murray Park Aquatic 3245 $160,000 CDBG 2009 Center (to include swimming pool) - Contractor's Resource ED Technical 4756 $75,000 CDBG 2009 Center Assistance (CORC) Dynamic: Community Economic 4777 $50,000 CUBS 2009 Development Corp. Development Technical Assistance Hialeah -trade _F CorsomIC N/A $205,000 CD8G 2009 Development, ni?. Development Technical F Assistance Acclon USA, Inc. Micro Loan Program N/A $15,000 CDBG 2009 anners for Self Matched Savings Fund 4778 8 $25,000 DOUG 2009 Employment, lncJdba Micro-Business, USA TOTAL CDBG FUNDS REDISTRIBUTED $555.000 TOTAL COBS FUNDS TO BE REALLOCATED CDBG &REDISTRJBU�TED����� TOT!AL RESOLUTION NO.: 10 -08 -12607 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2008 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR THE MURRAY PARK SWIMMING POOL DESIGN IN THE AMOUNT OF $276,000.00; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wish to accept the grant from Miami -Dade County's OCED; and WHEREAS, the grant agreement is for the Murray Park Swimming Pool Design in the amount of $276,000.00. V NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement with Miami -Dade County's Office of Community and Economic Development for the Murray Park Swimming Pool Design Section 2: The attached exhibit is Incorporated by reference into this resolution. PASSED AND ADOPTED this day of _,( Qa /tom , 2008. ATTEST: CITY CLERK READ AN A` O FORft- CITY A NEY Include File Name and Path COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Bins: Yea Commissioner Beckman: Yea .. ,9 - Carlos Alvarez, Mayor March 27, 2008 Mr. W. Ajibola Balogun Assistant City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 L_,mmunity & Economic [Development 701 N.W. 1 st Court ® 14th Floor Miami, Florida 33136 T 786- 469 -2100 F 786- 469 -2170 Re: FY 2008 Community Development Block Grant Contract - $276,000 Murray Park Swimming Pool — Design Phase Dear Mr. Balogun: miamidade.gov Enclosed is an executed copy of the FY 2008 CDBG Contract between the City of South Miami and Miami -Dade County for your agency's Murray Park Swimming Pool - Design Phase activities. The effective term of this agreement is from January 1, 2008 through December 31, 2009. Your staff must ensure that the Office of Community and Economic Development receives the reports and other required documents identified in the contract by the required deadlines to avoid suspension of funds. If you have any questions, please contact me at 786- 469 -2220. Sincerely, Letitia S. Goodson Contracts Officer :Isg Enclosure Index Code: CD534C09CI CDBG FY 2008 Municipality FY 2008 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI -DADE COUNTY AND T00E CITY OF SOUT09 MIAMI This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City of South Miami, A municipal government organized under the laws of the State of Florida hereinafter referred to as the "Awardee ". The parties agree: Definitions OCED Office of Community and Economic Development or its successor Department 24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 9974, as amended - Community Development Block Grant Low- and Moderate - income A member of low- and moderate - income family i.e., a Person family whose income is within specified income limits set forth by U.S. HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County Subcontractor Any individual or firm hired on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee Murray Park Swimming Pool —Design Phase Contract Date: 1/01/08 — 12/31/09 II, The Awardee Agrees: A. Type of Activity The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. D. Insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. C. Indemnification The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners, principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the Awardee shall not he held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the Awardee arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, Bosses or causes of action which may arise as a result of the negligence of the Awardee. The provisions of this section survive the termination or expiration of this agreement. D. Documents The Awardee shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services." The Awardee shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 8, 2008, July 8, 2008, October 7, 2008, January 10, 2009, April 8, 2009, July 8, 2009, October 7, 2009 and January 10, 2010. b. Quarterly Deporting when Subcontrac¢ ors are Utilized Awardees are advised that when subcontractors or sub - consultants are utilized to fulfill the terms and conditouns of this contract, Miami - Dade County Resolution No, 1634.93 will apply to this contract, This resolution requires the selected Awardees to file quarterly reports as to the amount of contract monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and women -Awned businesses performing part of the contract work. Additionally, the Posted businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to activities under this agreement of the Progress Report Form: OCED a cumulative account of its by completing the following portions Section I - Status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low - moderate and low income - residents. The Awardee shall also report emographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section II - Fiscal Information; The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section III - Minority Business Enterprise: Contract and Subcontract Activity Report (First and Third Quarter Progress Report)- The Awardee shall report to OCED the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to OCED no later than April 8, 2008, October 7, 2008, April 8, 2009 and October 7, 2009. Section IV - Neighborhood Employment Opportunities: iJeighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to OCED no later than April 8, 2008, October i, 2008, April 8, 2009 and October 9, 2009. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. C. Unspecified Site(s) Objective - if the Awardee has not yet identified a location to carry out any of the activities described in Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such . time as the Awardee complies with the provisions contained within Section II, Paragraph DA. of this contract. Copies of the above described Progress Report, shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month, This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section 11, Paragraph D.1.a and Paragraph D.3.' 2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report ") using the "Progress Report" specified In Section 11, Paragraph D.1.a. above, which shall describe the progress made by the Awardee in achieving each of the objectives identified in Attachment A during the previous year. The "Annual Report' must cover the CDBG fiscal year of January 1, 2008 through December 31, 2008 and shall be received by OCED no later than January 10, 2009 and January 1, 2009 through December 31, 2009 and shall be received by OCED no later than January 10, 2010. 3, Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article II, Section E.S. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." 11 4. Audit Report - The Awardee shall submit to OCEo an annual audit report In triplicate as required by Section ll, Paragraph I of this contract as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 86.26 and OMB A -933. S. Inventory Reoort - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section II, Paragraph Q of this contract. 6. Affirmative Action Plan - The Awardee shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 9. The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit low- and moderate - income persons; b. To aid in the prevention or elimination of slums or blight; C. To meet community development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low- and moderate - income persons, the Awardee shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to no less than 59% of low- and moderate - income persons. 3. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 4. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 9970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 57 0.606(b): (b) the requirements of 24 CFR 670.606 (c) governing. the Residental Antidisplacement and Relocation Assistance plan under section 904(d) of the HCD Act; and (c) the requirements in 570.606 (d) governing optional relocation policies. (The County may preemept the optional policies), The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitalon, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. S. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, Immediately after a site is identified by the Awardee, OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED in Informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen partirlpation structures, upon the request of the citizen participation officers, OCED, or the County. 7, The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and/or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. when the legality of an occupant (individual, family, business, and /or industry) Is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 9. The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these requirements. The Awardee shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than30 days after the completion of the coursework. This requirement may be waived in the sole discretion of OCED for Awardees who demonstrate knowledge of real estate development and organizational management theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. 11, For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and OCED will have the right to monitor the activity. 12. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502 F. Federal, State, and County Laws and Regulations 1. RULES, RECULATiOWS AND UCEWSiNG REQUiREMEWTS The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be famlINF, with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with 24 CFR Part 85, OMB A -128, OMB A -87, and with the applicable procedures specified in OCED`s Contract Compliance Manual, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vlll of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. The Provider also agrees to comply with the Domestic Violence Leave codified as 11A -60 at seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Provider. 3. if the amount payable to the Awardee pursuant to the terms of this contract is in excess of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5: Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the required Disability Won- discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Affirmative ActionINon- uisCrumuu;aluuuu ur tenor a vuec.r• _ _.. _. Procurement Practices (Ordinance #98 -301 - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against mirioritles and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7. Domestic Violence Leave Affidavit.. : Prior to entering into any contract with the Couty, a firm desiring to do business with the County shall, as a condition of award, certify that It is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the Miami -Dade County Code. This Ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R- 185.00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R- 185 -00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and /or the firm being debarred. 8. Code of Business Ethics: in accordance with Section 2- 8.1(1) of the Code of Miami -Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ( "Code ") and shall 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public _,atlty; and, may not transact business w. _, any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty -six (36) months from the date of being placed on the convicted vendor last. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representation$ regarding the list are false, this contract shall be terminated on the discretion of Miami -Dade County. Further, should the Awardee be placed on the list at any time during this contract Miami -Dade County shall have the right to terminate this agreement. 10. CRIMINAL CONVICTION Pursuant to Miami -Dade County Ordinance No. 94,34, "Any Individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. if any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below; and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 1 Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit if any attesting ,firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336,104 Stat 327,42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title 11, Public Services; Title ill, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions, 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 V.S.C. Section 3601 -3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation including but not limited to, 24 CFH 670, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is Impossible. However, the obligations under this contract, as modified, shall continue and all other provisions of this contract shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. H. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted in Section IV, Paragraph W of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Wick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 9999; and other related acts, as applicable. 4. Submit to OCED for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Bequests for Proposals prior to publication. 6. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 6. Contact the OCED representative noted in Section IV, Paragraph W prior to scheduling a pre - construction conference. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work Is verified by OCED through a Certificate of Occupancy. 7. The County shall have the right to assign the Community Builders Division of the Office of Community and Economic Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement will result in a reduction of a maximum of 5% of the agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by the Community Builders Division of the Office of Community and Economic Development. 8. Execute a restrictive covenant with Miami -Dade County for the grant award and the use of the land to ensure its use as a CDBG project site as defined and described in Attachment "A" of this agreement. 10 Audits and Records 9. The Awardee expending $600,000 or more annually In federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. The Awardee expending federal awards of $600,000 or more under only one federal program may elect to have a program- specific audit performed, In accordance with OMB A -933. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $600,000 annually In federal awards shall be exempt from an audit conducted in accordance with OMB A -933, although their records must be available for review (e.g., inspections, evaluations). Such Awardees that receive less than $500,000 In combined Federal awards must submit to the County annual, compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non - expression of opinion or any form of assurance on a presentation in the form of financial statements Information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A433, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to C®BG funds, an internal control review, and a compliance review as described in OMB A -131 A copy of the audit report in triplicate must be received by OCE® no later than six (6) months following the end of the Awardee's fiscal year. 4. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. S. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A In this contract. 6. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 7. The Awardee shall include in all OCEO approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCEb, each of the record - keeping and audit requirements detailed in this 11 conty, .. OCED shall, in its sole discretion, .Armin when services are eligible substantive programmatic services and subject to the audit and record - Keeping requirements described above. 8. The County reserves the right to require the Awardee to submit to an audit by Audit and management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of Its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to the Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. g. The Awardee shall ensure that its auditors share their audit results with OCED. The auditors must submit the completed monitoring Instrument and the audit report to OCED within six months after the conclusion of the audit period. J. Retention of Records The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed, For each public service activity the Awardee must retain all contract records ,except those relating to real and nonexpendable personal property. C. For all other CDBG assisted activities the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section 11, Paragraph J.f.c., the Awardee must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Awardee have received or given notice of any Kind indicating any threatened or pending litigations, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 12 4. The Awardee shall notify OCED in writing, both during the pendency of this contract and after Its expirations part of the final close -out procedure, of the address where all contract records will be retained. S. The Awardee shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. K. ProviSUon of Records 1. The Awardee shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED Immediately capon such issuance unless such disclosure Is a violation of the regulatory agencies Issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. a. Exception: The above application of one quarter (1 /4) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (9) professional service agreements under $9,000; (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3 -2; (m) federal, state and local government- funded grants; and (n) interlocal agreements_ Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, 13 property, and equipment purchased In whole or in park with government funds, Including funds awarded tp Awardee pursuant to this contract. L. Prior Approval The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 11 The engagement or execution of any subcontracts or contract assignments, whereon CDDG funds will be used to pay for goods or services. The Awardee must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. OCED shad have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section II, Paragraph CIA. of this contract. 6. All out -of -town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section 11, Paragraph W of this contract. 9. The disposal of all contract records as provided for in Section 11, Paragraph J of this contract. M. Monitoring The Awardee shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this contract, and /or to interview any clients employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, OCED will deliver to the Awardee a report of its findings, and the Awardee will rectify all deficiencies cited by OCED within the specified period of time set forth in the report, or provide OCED with a reasonable justification for not correcting the deficiencies. OCED will determine, in its sole and absolute discretion whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by OCED in its report. IV. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.691 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services requried under this Agreement. The Awardee 14 further covenants that In the performance of this Agreement no person having such a financial Interest shall be employed or retained by the Awardee hereunder. These conflict of Interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee shall submit to OCED within five days of execution of this contract all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: A Original contractor its subsequent amendments. D Requests for budget revisions. 9 Requests for approval of subcontracts. Non - compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to OCED immediately upon the Awardee's discovery of such possible conflict. OCED will then render an opinion which shall be binding on all parties. O. Publicity, Advertisements and Signage The Awardee shall ensure that all publicity, public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo is permissible 2. The Awardee shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents. The signs shall be made of % Inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials. The Awardee shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's 15 businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED In the CDSC application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low - income residents from Community Development focus and service areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financial assistance toward Target Area residents and ensure that employment and economic opportunities be given to low and very low - income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned Mohr: 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with Which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Awardee agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is In violation of the regulations in 24 CFR part 135. The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the eegulations in 24 CFR part 135. 5. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 GFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance WO Act (25 U.S.C. 460e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indiana, and (li) preference In the award of contracts and subcontracts shall be given to Indian organintions and Indian -owned Economic Enterprises. parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Fair �aabcontractin� policies (Ordinance 97.35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97 -35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids /proposals In a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid /proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see attached Form A -7,2). Awardees who fail to provide a statement of their policies and procedures may not be recommended by the County (Manager for award by the Board of County Commissioners. The term `local' means having headquarters located in (Miami -Dade County or having a place of business located in Miami-Dade County from which the contract or subcontract will be performed. The term "subcontractor" means a business independent of a Awardee that may agree with the Awardee to perform a portion of a contract. The term "subcontract" means an agreement between a Awardee and a subcontractor to perform a portion of a contract between the Awardee and the County. Q, property 1. Definitions a. Real property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal property: personas property of any kind except real property. 9) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights C. Nonexpendabie personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per stem, with a 17 normal expected fife of one or more years, not fixed In place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable personal property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $28,000 shall be either: 9) Used to meet one of the three (3) CDBG national objectives until five years after the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (6) years following the expiration or termination of this Awardee such longer period as determined by OCED -then the Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph Q.2.a.9., above. b. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from OCED for $26,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with Instructions from OCED. C. All real property purchased or improved in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with OCED within 980 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. M e. Ali real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. This report shall include the elements listed in Paragraph T.2.c., above. 3. The Awardee shall comply with the nonexpendabie personal property requirements as stated below. a. All nonexpendabie personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be listed In the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendabie personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpendabie personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. The Awardee shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendabie personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this contract. The Awardee shall dispose of all such property in accordance with instructions from OCED. Those instructions may require the return of all such property to OCED. R. Program Income Program income as defined in 24 CFR Part 570.5 00 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Compliance Manual. if any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. 11 use Program income, the Awardee shall report to OCED all cumulative Program Income generated from activities financed in whole or in part by funds from this contract. This Information,_ along with a check 19 S. C. The Awardee shall report Program Income for as long as it receives and/or has control over program income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with program Income and shall obtain OCED's written approval prior to Implement'ang those activities. All provisions of this contract shall apply to any activity performed using Program Income. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDDG eligible activity as provided for and defined by 29 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan- related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDDG eligible activities, and to cover operational costs before requesting additional CDDG funds. I. Any proceeds from the sale of property as detailed in Section 11, Paragraph Q.4., above, shall be considered program income. ), The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated 'income and its disposition. 3. Upon expiration or termination of this contract or at the end of any program year, the Awardee shall transfer to the County any program income funds on hared, and any program income accounts receivable attributable to any CDi3G funded activities. OCED may require remittance of all or part of any program income balances (including investments thereof) held by the Awardee (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 Security needs). 4. OCED, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of program income generated by the Awardee, and such action shall not require an amendment to this contracts. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance iinanual. 20 Subcontracts and Assignments 1. Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. when Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Gomoliance Manual; b. Identify the full, correct, and legal name of the party; C, Describe the activities to be performed; d. present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above, and; Incorporate the language of Attachment E, "Certification Regarding Lobbying." 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tau withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4. The Awardee shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 6. The Awardee shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this 21 contract or the right to receive benefits or payments resulting from this contract. 6. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the Incurrence of any obligation by OCED in excess of the total dollar amount agreed upon this contract. i. If the subcontract Involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to OCED. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list without prior written approval from OCED. U. Additional Funding The Awardee shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. it shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative, when original documents cannot be presented, the Awardee must adequately Justify their absence In writing and furnish copies of those documents to OCED. The Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within Attachment E, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days alter the month in which the expenditures were incurred, Failure to comply may result In rejection of Invoices. 3. In no event shall the County provide advance CDEG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDl3G funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 6. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services and payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement — Attachment "A," which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 22 6. No payments will be made without evidence of appropriate insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this contract. If the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payments if OCED, in its sole discretion, so chooses. 7. Within thirty (30) calendar days after this contract expires or is terminated, the Awardee shall provide to OCED a list of all invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED. Any invoice received by OCED, subsequent to receipt of this list by OCED which reflects a cost not included on this list will not be paid. 8. All monies paid to the Awardee which have not been used to retire outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Comoilance Manual. 9. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract for any reason, shall be recaptured in full by the County. 90. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this contract, Awardee agrees to and shall assign any proceeds to the County from any contract between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. W. Reversion of Assets The Awardee shall return to OCED, upon the expiration or termination of this contract all assets, owned or held by Awardee as a result of this contract, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this ,.contract that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to OCED of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to mortgages securing the property and UCC financing statements, as required by the County to effectuate the reversion of assets. Ill. The County Agrees: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $276,000.00. IV. The Awardee and OCED Agree: A. Effective Date This contract shall begin on January t, 2008. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 23 2. This contract shall expire on December 31. 200 . Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program income to support CDDG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. E. Suspension OCED may, for reasonable causes as determined in OCED's sole and absolute discretion, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or Improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 3. OCED will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the Awardee reasonable opportunity to rectify any action or Inaction referenced above. Termination 1. Termination at will This contract, In whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be In the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination for Convenience 24 OCED may terminate this contract, In whole part, when both parties agree that the contlnuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. OCED, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional cost under this contract. OCED shall be liable only for reasonable costs Incurred by the Awardee prior to notice of termination. OCED shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short - tall, or a reduction In federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty -four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, returns receipt requested, or in person with proof of delivery. OCED shall be the final authority in determining whether or not funds are available. OCED may at its discretion terminate, renegotiate and/or adjust the contract award, whichever Is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners action, the Awardee may, at its discretion, request in writing from the Director of OCED a release from its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach OCED may terminate this contract, in whole or in part, when OCED determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering the ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract upon no less than twenty -flour (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit OCED's right to legal or equitable remedies. 6. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.1.4, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts with such individual or subcontracted entity it has with the County. Such individual or entity shall 25 be responsible for all direct and indirect costs associated with such termination or cancePlation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to tweet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (6) years. Payment Settlement N termination occurs, the Awardee will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification I. Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract if OCED, in its sole and absolute discretion determines that federal, state, and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes In this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations. 2. CONTRACT EXTENSION The County shall have the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) in writing of the extension This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development. E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any waiver shall not be construed to be a modification, of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. OCED shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 26 2. Budget Revisions Through County Resolution Should a portion of the funding aliocation to the Awardee be rescinded by action from the Hoard of County commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by OCED no later than 5 working days of the action; written notification will constitute a contract amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope Of Service (Attachment A). Revisions to the scope of Service, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDDG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G. Disputes In the event an unresolved dispute exists between the Awardee and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Awardee or in the event additional time is necessary, OCED will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. H. Headings The section and paragraph headings In this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. Minority Participation In order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in any manner pertaining or rotating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. K. independent Private Sector Inspector General Reviews Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally '/e of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and 27 programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back- charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other agreements executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. The Awardee is aware that Miami - Dade County Office of the Inspector General has the right to perform ramdom audits on all county contracts throughout the duration of each contract. Grant Recipients are exempt from paying the costs of the audit, which is normally'/4 of 9% of the total contract amount. L. Notice and Contact OCPD's representative for this contract is Letitia Goodson. The Awardee's representative for this contract is W. Ajibola Dalogun. The Awardee's principal office is at 6930 Sunset Drive, South .Miami, Florida 33183. The Awardee's telephone number is (305) 663 -633& In the event that different representatives are designated by either party after this contract is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. 28 M. Name and Address of payee When payment is made to the Awardee's assignee, the name and address of the official payee is: N/A N. Uilaiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial In any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all Instances. ®. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. P. Third parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party P. survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. da. All Terms and Conditions included: This contract and its attachments as referenced (Attachment A - scope of services; Attachment Al — Action steps; Attachment B - Budget; Attachment C - Progress Report; Attachment D - information for Environmental Review; Attachment E - Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and signage) contain all the terms and conditions agreed upon by the parties. 29 IN WITNESS THEREOF, the parties hereto have caused ttn�s thirt 4. 0) page �pntract to be executed by their undersigned officials as duly authorized, this �l � day of y LC7 008. AWARDEE: City of South Miam�i�j BY: ttiST -?ot aoj NAME: W. pk 66[a 3a.Ioguh TITLE: City Manager DATE: a /a�n BY: NAME A1114- TITLE: DATE 5�tNIXAWAA�2= Type or Print Name BY: ✓ % /�C l 1�..,! ;j)2Ci2z.otrl /..(F. (Sigifature) T Maria M. Menendez Type or Print Name Federal ID Number: 69- 6000431 Resolution #: R- 1222 -07 Awardee's Fiscal Year Ending Date: 09/30/09 CORPORATE SEAL: MIAMI -DADE COUNTY BY: i , NAME: arlos Alvarez TITLE: Mayor �OtVi(U/j`�'a A^ cpr, RV ,o��Y and of County loners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 30 Attachment Aii %a Y ©® I b ®reyosroa SG 1Qlo1QN10 2/121200 RE: 1 ContrarQ Number: �Q®tl4 FY 2008 Activity ID: InsDex Code, 20051 346 Action moan ID: IDIIS Number: CATEGORY: source Capital CDB,G fAstrict: 07 1. Description- Applicant /Agency Applicant / Developer (A.K.A.): City of South Miami Applicant Type: Municipality MD Specific: Sort'Cofi�racts bU Aaencyt s'i,,ll Contract Shell Type: EIS Applicant Legal Address: 6130 SUNSET DR CITY, ST, ZIP: (�SOUTH MI , FL 1 33143 Contact: Mr.W. AjIbola Balogun Phone: (305)663 -6338 Activity Title and Description: Monitoring Issues: Title: Murray Park Swimming Pool - Design Phase Design and construction of a Community Swimming Pool located at Murary Park, located at 6700 SW 58 Place, South Miami, FL 33143, in the South Miami NRSA. 2. Funding Information FY07 Contract # FY07 IDIS # FY07 Funding: $0 -Y08 Non -OCED Funding: $50,000 7YO8 Requested Amount: $276,000 Prior Year tarry Forward 3. Contract Information / Signees Contract 241 ! Goodson Officer: i Planner: F4377 Parkinson Me. vonne 5. McKinley Title City Manager ride Number Of Units Proposed in Application l Proposed by Funding: Fy Cost per Unit (CPU) Contract Status: Contract Dates Start Completion Amendment Y 2008 $276,000 ction Plane Total FY 2008 $276,000 Acyeney Fiscal Year (location: Contract $$ - - - - ---- Start: End: AUDIT DUE: i. Contract Tracking Contract Tracking Report I Export Contract Data sent to County Sent to Clerl( Issued Date Scope Finalized Attorney of Board Sent to County Signed Date Budget Approved Manager 3. Geographic Information (Please remember to GEO CODE Activity Address) Returned from County Manager/ Executed Activity Geo Address: Activity Gec City: J� uth Miami So ST: FL GeoLlpCode: 33143 Cenrsus Tract: 76 5800 SW 66 Street 7. HUD Information if no street address, provide crossroads informatiarr: HUD Code: HUD Activity Type: 03F Parks, Recreational Facilities National Citation 670.201(c) aiock Group: 03 Folio Number ((.'I and HO only) 09- 4025.028. 0900,0910,0920,0010 National Objective: °lo 570.208(a)(1) LMA Proposed: Accomplishment Type Priority Need 1 Public Facilities Infrastructure %, 9maiVhAin, contmetois: City of South Miami CDBG FY 2008 Scope of Services January 1, 2008 — December all, 2008 1. - ACTIVITY TITLE: Marra g Park Swisamm in Fool lCDesug¢a 2. - ACTIVITY DESCRIPTION: Swimming Pool Design – Capital improvements 3. - APPROVED BY 13CC: $276,000 4. - SOURCE: CIIDBG 2005 HUED INFORMATION: 5a. – HUD matrix code: 03T+ 5b.–Title: Parks, Recreational )Facilities 5c.– Eligibility 570201(c) Public Facilities and Improvements 6. - ACCOMPLISHMENTS: 6a. –Number of Units: 1 6b. - Type: Facility 7. - NATIONAL OBJECTIVE: 570.208(A r1) – 1Low/Mod. Income Area (ILMA) S. - ACTIVITY ADDRESS: 5500 S,W. 66`h Streets Miami, Florida 33143 9. - LOCATION: City off Bootie li4iami — A CO: Letitia Goodson P1LANN ER: Winston Parkinson 4, li!,; m %41 > b l: 0 0 M o 0 to M, C ilk g I PIZ" It Z, 5R -luE. �,R Ak"i gf O T O Nu, omc m m lo m T ;L 0 Q 0 FD z m "t woo T MAC IV, m Z m M, In ,o o r < Ti o m 8,q; .0 - —OMO 7l 5 9. z > m rY X7 LII!. xZi Attachment B CITY OF SOUTH MIAMI Murray Park Swimming Pool- Design Phase CDBG FY2008 SUMMARY BUDGET January 1, 2008 thru December 31, 2008 SOURCES OF OTHER FUNDING TOTAL AMOUNT City of South Miami $ 50,000 PRIOR YEAR FY 2008 NON -OCED CATEGORIES FUNDING FUNDING FUNDING TOTAL I. Personnel $ - $ 16,363 $ - $ 16,363 I I.Contractual Services $ - $ 259,637 $ 50,000 $309,637 III.Operating Services $ - $ - $ - $ - IV. Capital Outlay $ - $ - $ - $ - TOTAL BUDGET $ - $ 276,000 $ 50,000 $ 326,000 SOURCES OF OTHER FUNDING TOTAL AMOUNT City of South Miami $ 50,000 Attachment B CITY OF SOUTH MIAMI, INC CDBG FY 2008 Murray Park Swimming Pool - Design Phase DETAIL BUDGET January 1; 2008 thru December 31, 2008 4090 Fringe Benefits FICA (salaryX7.65 %) PP Non•OCED OCED Total OCED Total Alf Sources 4090 PERSONNEL- Employee 0 0 0 0 Regular- Salaries Public Works Director 0 $7,000 $7,000 $7,000 Chief Accountant 0 $2,700 $2,700 $2,700 Grants Administrator 0 $5,500 $5,500 $5,500 Sub -Total Salaries 0 $151200 $15,200 $15,200 4090 Fringe Benefits FICA (salaryX7.65 %) 0 1,163 1,163 1,163 21011 External Audit 0 0 0 0 Sub -Total Fringe 0 1,163 1,163 1,163 21030 Other Professional- Svc Const Mgmt 0 0 0 0 Total Personnel 0 16,363 16,363 16,363 Contractual Services 0 0 0 21011 External Audit 0 0 0 0 21012 Environmental Audit 0 0 0 0 21030 Other Professional- Svc Const Mgmt 0 0 0 0 21030 Other Professional Svc 50,000 259,637 259,637 309,637 22350 Bottled Water 0 0 0 0 0 25330 Rent Copier 0 0 0 0 25511 Building Rental Total Contractual 0 50,0D0 0 259,637 0 259,637 309,637 Operating Expenses 0 0 0 31011 Telephone Regular 0 0 0 0 31011 Telephone Long Distance 0 0 0 _0_0 0 31610 Postage 0 0 0 0 31420 Advertising Radio 0 0 0 0 Total Operating Expenses 0 0 Commodities 0 0 0 31510 Outside Printing 0 1 0 0 0 95020 Computer Purchase 0 0 0 0 47010 Office Supplies/ Outside vendors 0 0 V.1 - 0 Total Commodities 0 0 0 Capital Outlay 0 0 0 90 Construction 0 1 0 0 0 Infrastructure Improvements 0 0 Total Capital Outlay 0 I 0 V.1 TOTAL BUDGET 50,000 276,000 276,000 326,000