19South Miami
AII•AmerlcaCitV
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Roge^ `M. Carlton, Acting City Manager
From: Carol M. Aubrun, Grants Writer /Administrator As
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 2010 GRANT AGREEMENT WITH MIAMI -DADE
COUNTY'S DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT (DHCD) FOR MURRAY PARK POOL CONSTRUCTION IN
THE AMOUNT OF $200,000.00; AND PROVIDING FOR AN EFFECTIVE
DATE.
Request: To authorizing the Acting City Manager to execute a grant agreement with Miami -
Dade County's Department of Housing and Community Development for Murray
Park Pool Construction.
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 completed and submitted two (2) applications for
funding to Miami -Dade County's Department of Housing and Community
Development (formerly known as the Office of Community and Economic
Development) for Pool Design and Construction, respectively. During
2008, the City was awarded $276,000.00 for the design phase of the
project. Subsequently through the 2009 Action Plan process, the City has
been awarded grant funds in the amount of $756,911.00 for the
construction phase of the project that has not been spent. In addition,
District 7 County Commissioner Carlos A. Gimenez is in the process of
allocating his Community Development Block Grant funds to the project
in the amount of $160,000.00 (newspaper announcement).
After submitting an application through the most recent grant process, the
City is being awarded an additional $200,000 for a total of $956,911.00.
The attached resolution will allow the Acting City Manager to execute the
grant agreement with the Department Housing and Community
Development for Murray Park Pool Construction.
At the request of the Green Design Taskforce, the City has sought an
amendment for LEED certification and elements to the pool project. The
City 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. 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. D
Cost: N/A
Funding Source: Department of Housing and Community Development
Backup Documentation:
❑ Proposed Resolution
❑ Letters and Required Contract Development Documents
❑ Newspaper Announcement Regarding District 7 Redistribution
❑ Previous Resolutions and Contract
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 2010
GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (DHCD) FOR MURRAY PARK POOL CONSTRUCTION IN THE
AMOUNT OF $200,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has a previous grant award for Murray Park Pool
Construction in the amount of $756,911.00 from Miami -Dade County's Department of Housing and
Community Development; and
WHEREAS, the City of South Miami has now been awarded an additional grant for Murray Park
Pool Construction in the amount of $200,000.00 from Miami -Dade County's Department of Housing and
Community Development; and
WHEREAS, the Mayor and City Commission wish to accept the grant agreement 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 with Miami -Dade County Department of Housing and Community Development for
Murray Park Pool Construction Phase in the amount of $200,000.00.
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 with Miami -Dade County's Department of Housing and Community Development for
Murray Park Pool Construction in the amount of $200,000.00.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
Include File Name and Path
day of 2010.
I� M Me-
COMMISSION
VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Newman:
Commissioner Palmer
Commissioner Sellars:
II I A M 1 -DARE
Carlos Alvarez, Mayor
December 28, 2009
Mr. Roger M. Carlton
Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 3314
Re: Contract Development Meeting
Dear Mr, Carlton:
Community & Economic Development
701 N.W. 1 st Court • 1 4th Floor
Miami, Florida 33136
T 786 -469 -2100 F 786 -469 -2170
miamidade.gov
Your organization has been awarded FY 2010 Community Development Block Grant (CDBG) funds. The
Department of Housing and Community Development (DHCD) is in the process of developing a contract
for those funds. As a part of that process you must complete and submit the following enclosed affidavits
and required documents:
• Agency Board Resolution (all board members must be listed and their votes)
• Authorized Signature Form
• Miami -Dade County Affidavits
• Affidavit of Financial & Conflicts of Interest
• Related Parties Disclosure Statement
• State of Florida Public Entity Crimes Affidavit
• Code of Business Ethics Affidavit
• Fair Subcontracting Policies (with copy of procurement policies attached)
• Miami -Dade County Living Wage Affidavit
• Collusion Affidavit
• Certificate Regarding Lobbying
You must submit the completed documents to DHCD by January 11, 2010. A meeting date has been set
for December 29, 2009 at 1:30 p.m. to be held at Murray Park, 5800 SW 66 " Street, South Miami,
Florida to discuss the contract development and project plan for your funded activity. A copy of the
meeting agenda is also enclosed.
If you have any questions or concerns please contact me at 786 - 469 -2220.
Sincerely,
't
L-C' �
etitia S. Good on
Project Manager
Project Management Unit
LSG:lg
Enclosure (12)
c: Carol Aubrun, CSM, Grants Administrator
Sonia Colon, Team Leader, PM Unit, DHCD
Central File: City of South Miami -FY 2010 CDBG (Murray Park Swimming Pool — Construction
Phase) and FY 2010 CDBG (South Miami CRA Street Lighting),
LIST OF REQUIRED DOCUMENTS FOR CONTRACT DEVELOPMENT
SAMPLE OF BOARD OF DIRECTOR'S RESOLUTION APPROVING THE FUNDED
AMOUNT AND AUTHORIZING EXECUTION OF THE CONTRACT WITH DHCD
•
AUTHORIZED SIGNATURE FORM
• MIAMI -DADE COUNTY AFFIDAVITS
• AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
• RELATED PARTIES DISCLOSURE STATEMENT
STATE OF FLORIDA PUBLIC ENTITY CRIMES AFFIDAVIT
• CODE OF BUSINESS ETHICS AFFIDAVIT
• FAIR SUBCONTRACTING POLICIES
• MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT
• COLLUSION AFFIDAVIT
• CERTIFICATE REGARDING LOBBYING
OTHER REQUIRED DOCUMENTS
1. MOST CURRENT ARTICLES OF INCORPORATION
2. MOST CURRENT BYLAWS
3. MOST CURRENT BOARD OF DIRECTOR'S ROSTER
4. MOST CURRENT IRS TAX EXEMPT STATUS DETERMINATION LETTER
5. MOST CURRENT IRS FORM 990
6. MOST CURRENT STATE OF FLORIDA CORPORATE CERTIFICATE
T CERTIFICATE OF GOOD STANDING FROM DEPARTMENT OF STATE
SAMPLE
RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT WITH
P,IIPAIIYI I -DARE vOUPI' T Y AND
W . .. • •
WHEREAS, this Board desires to accomplish the objectives as outlined in the scope of
service of the contract with Miami -Dade County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of
with Miami -Dade County for the maximum amount of $
the provision of
authorizes
to execute same for and on behalf of
The foregoing resolution was offered by
adoption, the motion was seconded by
upon being put to a vote was as follows:
approves one (1) contract
for
services for the Fiscal Year 2010 and
f
who moved its
are
The Chairperson /President thereupon declared this resolution duly passed and adopted
this
day of.
Signature- Chairperson or Secretary Agency Seal
AUTHORIZING SIGNATURES
CONTRACTOR:
DATE:
This form certifies the names, titles and signatures of individuals authorized by the contractor's by -laws or
board resolution to sign contracts, checks, budget revision requests, payment requests and any other
requests, (e.g. purchase requisitions, purchase orders, receiving reports, direct bills) that are required by
the Department of Housing and Community Development (DHCD) for disbursement of funds.
NAME TITLE SIGNATURE
(Type or Print) (Type or Print)
1. Prime Contracts. Subcontracts
II. Checks (List Amount Limits)
III. Budget Revision Requests
NAME TITLE SIGNATURE
(Type or Hrint) (Type or Frint)
IV. Payment Requests
V. Other Administrative Matters
(e.g. Status Reports, Purchase Orders, Travel Requests)
* These signatures authorized are retained by DHCD for auditing purposes.
* You are required to submit updates to this list as it becomes necessary.
The contracting individual or entity (government or otherwise) shall indicate by an "X" all affidavits that pertain
to tn!s contract and shall indicate by an "NA" all atr day is that do not pertain to this contract. Aii blank spaces
must be filled.
The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY
NON - DISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to
contracts with the United States or any of its departments or agencies thereof, the' State or any political
subdivision or agency thereof; it shall however, pertain to municipalities of the State of Florida. All other
contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to
this contract.
1, being first duiy swot n siaie:
Affiant
The full legal name and business address of the person(s) or entity contraction or transacting business with
Miami -Dade County are (Post Office addresses are not acceptable):
Federal Employer Identification Number (If none, Social Security)
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As (If same as above, leave blank)
Street Address City State Zip Code
I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code)
If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly five
percent (5 6/o) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. It the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The forgoing requirements shall not pertain to contracts with publicly - traded corporations or
to contracts with the United States or any department or names and addresses are (Post Offices
addresses are not acceptable):
Full Legal Name Address Ownership
Page 1 of 5
2. The full legal names and business address of any other individual (other than subcontractors, material
men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or
otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not
acrentable):
3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses
false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or
imprisonment in the County jail for up to sixty (60) days or both.
II. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133,
amending Sec. 2.8 -1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollar ($10,000) or more shall require the
entity contracting or transacting business to disclose the following information. The foregoing disclosure
requirements do not apply to contracts with the United States or any department or agency thereof, the
State or any political subdivision or agency or any municipality of this State.
Does your firm have a collective bargaining agreement with its employees?
Yes No
Does your firm provide paid health dare benefits for its employees?
Yes No
Provide a current breakdown (number of persons) of your firm's work force and ownership as to race,
national origin and gender.
White:
Males
Females
Asian:
Males
Females
Black:
Males
Females
American Indian:
Males
Females
Hispanics:
Males
Females
Aleut (Eskimo):
Males
Females
Males
Females
Males
Females
III. AFFIRMATIVE ACTION /NON- DISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinances 98 -30 codified at 2 -8.1.5 of the County Code)
In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as condition receiving a County contract, have 1) a
written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not
discriminate in its employment and promotion practices; and if) a written procurement policy which sets
forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -
owned businesses in its own procurement of goods, supplies and services. Such affirmatives action plans
and procurement policies shall provide for periodic review to determine their effectiveness in assuring the
entity does not discriminate in its employment, promotion and procurement practices. The foregoing
notwithstanding, corporate entities whose boards of directors are representatives of the population make-
up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and
shall not be required to have written affirmative action plans and procurement policies in order to receive a
County contract. The foregoing presumption may be rebutted.
The requirements of County Ordinance No. 98 -30 may be waived upon the writtenxecommendation of the
County Manager that it is in the best interest of the County to do so and upon approval of the Board of
County Commissioners by majority vote of the members present.
Page 2 of 5
The firm does not have annual gross revenues in excess of $5,000,000
The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors
ie renracon +o +i ,..,f +ho n.,nnhfinn makes -nn of fhc natinn and hag giihmiffarl n Xnmitfan detailed
listing of its Board of Directors, including the race of ethnicity of each board member, to the
County's Department of Business Development, 175 NW 151 Avenue, 28th Floor, Miami,
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
review to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development, 175 NW 15t Avenue, 28th Floor, Miami, Florida 33128.
The firm does not have an affirmative action plan and /or a procurement policy as described
nhnve hit hag been oranted a waiver.
IV. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County
has has not of the date of this affidavit been convicted of a felony during the past ten
(10) years.
V. MIAMI -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance
no. 92 -15 codified as Section 2 -8.1.2 of the County Code)
That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida, the
above named person or entity is providing a drug -free workplace. A written statement to each
employee shall, inform the employee about:
1. Danger of drug abuse in the workplace
2. The firm's policy of maintaining a drug -free environment at all workplaces
3. Availability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of
employment that the employee will abide by the terms and notify the employer of any criminal
drug conviction occurring no later than five (5) days after receiving notice of such conviction
and. impose, appropriate personnel action against the employee up to and including
termination. .
Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the
product or service offered by the person or entity make it necessary for the operation of the
County or for the health, safety, welfare, economic benefits and well -being of the public.
Contracts involving funding which is provided in whole or in part by the United States of the
State of Florida shall be exempted from the provisions of this ordinance in those instances
where those provisions are in conflict with the requirements of those government entities.
VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142 -91
codified as Section 11A -29 et. Seq of the County Code)
That in compliance with ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day
during each of twenty (20) or more calendar workweeks, shall provide the following
information in compliance with all items in the aforementioned ordinance:
Page 3 or 5
An employee who has worked for the above firm at least one (1) year shall be entitled to
ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons,
for the birth or adoption of a child, or for the care of a child, spouse or other close relative who
haQ carini m han If rnnrlifinn %AAfhni if rigk of tgrminatinn of emnlnvar rgfaliatinn
The foregoing requirements shall not pertain to contracts with the United States or any
department or agency thereof, or the State of Florida or any political subdivision or agency
thereof. It shall, however, pertain to municipalities of this State.
VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R385 -95)
That the above names firm, corporation or organization is in compliance with the agrees to
continue to comply with and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not
Iimitarl to thnsa provisions pertaining to employment pr visions of programs and services;
transportation, communications, access to facilities, renovations, and new construction in the
following laws: 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. Section 1612; The Fair Housing Act as amended,
42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with
the United States or any department or agency thereof, the State or any political subdivision
or agency thereof or any municipality of this State.
Vill. MIAMI -DADE COUNTY REGARDING DELIQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 208.1 (c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm,
corporation, organization or individual desiring to transact business or enter a contract with the
County Verifies that all delinquent and currently due fees or taxes — including but not limited to
real and property taxes, utility taxes and occupational licenses — which are collected in the
normal course by the Dade County Tax Collector as well as Dade County issued parking
tickets for vehicles registered in the name of the firm, corporation, organization or individual
have been paid.
IX. CURRENT OR ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its
obligations to the County and is not otherwise in default or any contract, promissory note or
other loan documents with the County or any of its agencies or instrumentalities.
X. PROJECT FRESH START (Resolution R- 702 -98 and 358 -99)
Any firm that has a contract with the County that results in actual payment of $500,000 or
more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However,
if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade
County and who have lost or will loose cash assistance benefits (formerly Aid to Families with
dependent Children) as a result of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the firm may request waiver from the requirement of R- 702098 and
R- 358 -99 by submitting a waiver request affidavit. The foregoing requirement does not pertain
to government entities, not for profit organizations or recipients of grant awards.
Page 4 of 5
xl DOMEST!C \nnLENCE LEA.VG /Resolntinn 1R5 -nn, gg -5 r- .ndifiArl nt 11A -6Q R gpn of tha
Miami -Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave
Ordinance, Ordinance 99 -5, codified at 11A -60 et. Seq. of the Miami -Dade County Code,
which requires an employer which has 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 proceeding calendar years,, to provide Domestic
Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled Miami -Dade County Affidavits and have
indicated by an "X" all gffirla�,rite that nerfa n to his rnntract and have indicated by an "N /A" all affidavits that do
not pertain to this contract.
By:
(Signature of Affiant)
SUBSCRIBED AND SWORN TO (or affirmed) before me this
(Date)
day of
He /She is personally known to me or has
presented as identification.
(Type of Identification)
(Signature of
(Print of Stamp of Notary)
Notary Public — State of
(State)
Page 5 of 5
(Serial Number)
(Expiration Date)
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1. Do you have any past due financial obligations with Miami -Dade County?
YFS NO
Single Family House Loans _
Multi - Family Housing Rehab _
CDBG 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_
By . 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
Em
LSD ® ® G W ® ��
old
I IrLG
c ARnI 17 DC:l A-rcn ®ARTII=C
i� f 4 L.i %.E %J I I %" 6e:—% I 0_ C.o C 1-41 % c I � %..�
THERE ARE NO BOARD MEMBERS OF THE (AGENCY NAME)
WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH
OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY
NAME) OPERATIONS.
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS
1. This form statement is submitted to
by
(Print individual's name and title)
for
(Print name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number (FEIN) is If the entity has
not FEIN, include the Social Security Number of the individual signing this sworn statement.
2. 1 understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to an directly related to
the transactions . of business with any public entity or with an agency or political subdivision of
any other state or with the United States, including, but not limited to any bid or contract for
goods or services to be provided to public entity or agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misinterpretation.
3. 1 understand that "convicted" or "conviction" as defined to Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in an federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of
a plea of guilty or nolo contendere.
4. 1 understand that an "Affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes means:
A predecessor or successor of a person convicted of a public entity crime, or
An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate' includes
those officers , directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment
or income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
5. 1 understand that a "person" as. defined in Paragraph 287.133(1)(e), Florida Statutes, means
any natural person or entity organized under the laws of any state or of the United States within
the legal power to enter into a binding contract and which bids or applies to bid on contracts for
the
pro`. ^s.on of gC)Od� e ^ +I #y The term "por�nn" in�IwiMle� 4hnSe ere axeriiti iac na #Hare
N�
shareholders, employees, members, and agents who are active in management of an entity
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting sworn statement, nor any of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The anti +., ci,hmiftinn thie c nrn Statement nr nna nr mnra of itc nffirerc diraCtorc
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged
with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which
additional statement applies.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent proceeding before a Hearing Officer of the State of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn statement
on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE
CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before me this day of
Personally known
Or produced identification
(Type of identification)
(Signature)
20
Notary Public -State of
My commission expires
(Printed, typed or stamped commissioned
name of notary public)
FORM A -12
CODE OF BUSINESS ETHICS
In accordance with Section2- 8.1(i) of the Miami -Dade County Code, each person or
entity that seeks to do business with the County shall adopt a Code of Business Ethics
( "Code ") and shall, prior to execution of any contract between the contractor and the
County, submit an affidavit stating that the contractor has adopted a Code that complies
with the requirements of Section 2 -8.1 (1) of the Miami -Dade County Code. Any person
or entity that fails to submit the required affidavit shall be ineligible for contract award.
The Code of Business Ethics shall apply to all business that the contractor does with the
County and shall, at a minimum, require that the contractor:
• Comply With all applicable governmental noes and regulations including among
others, the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance
and the False Claims Ordinance.
• Comply with all applicable rules and regulations regarding Disadvantaged
Business Enterprises, Black Business Enterprises, Hispanic Business
Enterprises and Women Business Enterprises (hereinafter collectively Minority
Business Enterprises, "MBEs ") and Community Small Business Enterprises
(CSBEs) and shall specifically prohibit the following practices:
• Pass - through Requirements. The Code shall prohibit pass - throughs
whereby the prime fire requires that the MBE or CSBE firm accept
payments as a MBE or CSBE and pass through those payments or a
portion of those payments to another entity including, but not limited to the
owner /operator of the prime firm;
• Rental Space Equipment or Flat Overhead Fee Requirements. The Code
shall prohibit rental space requirements, equipment requirements, and /or
flat overhead fee requirements, whereby the prime firm requires the MBE
or CSBE firm to rent space or equipment from the prime firm or charges a
flat overhead fee for the use of space, equipment, secretary, etc;
• Staffing Requirements. The Code shall prohibit the prime firm from
mandating, as a condition to inclusion in the project, that a MBE or CSBE
hire, fire, or promote certain individuals not employed by the prime firm, or
utilize staff employed or previously employed by the prime firm.
• MBE or CSBE Staff Utilization. The Code shall prohibit the prime firm
from requiring the MBE or CSBE firm to provide more staff than is
necessary and then utilizing the MBE or CSBE staff for other work to be
performed by the prime firm.
• Fraudulently creating operating or representing MBE or CSBE. The Code
shall prohibit a prime firm including, but not limited to, the
owners /operators thereof from fraudulently creating, operating or
representing an entity as a MBE or CSBE for purposes of qualifying for
certification as a MBE or CSBE.
• The Code shall also require that on any contract where MBE or CSBE
participation is purported, the contract shall specify essential terms. including, but
not limited to; a specific statement regarding the percent of participation planned
for MBEs or CSBEs, the timing of payments and when the work is to be
performed.
• The failure of a contractor to comply with its Code of Business Ethics shall render
any contract be *vper the contractor and the County voidable, and subject.
violators to debarment from future County work pursuant to Section 10- 38(h)(2)
of the Code. The Inspector General shall be authorized to investigate any alleged
violation by a contractor of its Code of Business Ethics.
By:
Signature of Affiant
Printed Name and Title of Af iiant
Printed Name of Firm
Address of Firm
20
Date
Federal Employer Identification Number
SUBSCRIBED AND SWORN TO (of affirmed) before me this day of _,20_
He /She is personally known to me or has presented
Signature of Notary
Print or Stamped Name of Notary
Notary Public, State of
Type of Identification
identification.
Serial Number
Expiration Date
MIAMI -DADS COUNTY, FLORIDA RFP No.
Form A -7.2
FAIR SUBCONTRACTING POLICIES
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami -Dade County Ordinance 97 -35, the Proposer submits the following detailed
statement of its policies and procedures for awarding subcontracts:
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title: Date:
Firm Name:
Address:
Telephone:
Form A -7.2 Rev. 2113101
Fax:
-. I1
City /State /Zip:
LIVING WAGE REQUIREMENT (Miami -Dade County Ordinance 9944)
Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 99 -44 and
Section 2 -8.9 of the Code of Miami -Dade County shall apply to all service contracts involving
the expenditure of over $100,000 per year for "Covered Services."
"Covered Services" are the type of services purchased by the County that are subject to the
requirements of the Living Wage Ordinance which are one of the following:
(1) County Service Contracts
(i) fond preparation and /or distribution
(ii) security services
(iii) routine maintenance services such as custodial, cleaning, refuse removal, repair,
refinishing and recycling
(iv) clerical or other non - supervisory office work, whether temporary or permanent
(v) transportation and parking services, including airport and seaport services
(vi) printing and reproduction services
(vii) landscaping, lawn and /or agricultural services
In accordance with .Miami -Dade County Ordinance 99 -44, all Service Contractors entering
into a contract with Miami -Dade County to provide Covered Services as described above
shall pay to all of its employees providing such Covered Services to the County a Living
Wage of no less than $8.81 per hour plus Health Insurance as described in the
aforementioned ordinance, or $10.09 per hour without Health Insurance.
Such Health Benefits shall consist of payment of at least $1.28 per hour towards the
provision of health care benefits for employees and their dependents. Proof of the provision
of Health Insurance must be submitted to the County to qualify for the wage rate for
employees with health benefits. The Service Contractor shall also agree to produce all
documents and records relating to payroll and compliance with this Ordinance prior to award
of a contract as a result of this solicitation upon request by the County.
If records reflect that the Service Contractor is in violation of this Ordinance, the County has
the right to sanction the Service Contractor to include but not limited to termination, fine and
suspension.
This Ordinance encompasses various responsibilities that must be accomplished by the
successful proposer such as record keeping, posting and reporting. Upon the award of this
contract, the successful proposer must be prepared to comply with these requirements as
outlined in Ordinance 99 -44.
eaeRIVIA_II
MIAMI -DADE COUNTY, FLORIDA
MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 99 -44 and Section 2 -8.9 of the Miami -Dade County Code)
Solicitation No.:
Title:
1 ' being first duly sworn hereby
state and certify that in compliance with Miami -Dade County Ordinance 99 -44 and Section 2 -8.9 of
the Miami -Dade County Code, by accepting award of this contract, the bidder or proposer agrees to
pay the living wage required by Miami -Dade County Ordinance 99 -44 to all employees assigned to
this contract. The bidder or proposer further understands that the current living wage applied to this
contract is $8.81 per hour plus health benefits as described in the ordinance, or $10.09 per hour without
health benefits.
By:
Signature of Atrant
Printed Name of Affiant and Title
Name
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
NI
Date
Federal Identification Number
20
20_,
He /She is personally known to me or has presented
as identification.
Type of identification
Signature of Notary
Print or Stamp Name of Notary
Notary Public — State of
Rev. 3126102
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 who being
duly sworn states: (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 biddur of th,i.- coi luaci
❑ 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
❑ 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: —20—
Signature of Affiant Date
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Firm
Address of Firm
BM PACKAGE ADDENDUM Revi,MOI199
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
Print or Stamp Name of Notary
Notary Public — State of
Serial Number
Expiration Date
Notary Seal
BMPACKAGBADDEND Revised4 /12/99
CERTIFICATION REGARDING LOBBYING
Ce. Ws...,t:. n for Contracts Grants Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of 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 making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, am6ndlnmit, v. ...Ouiul'.aiivu of ,..:'�� Ppdpral nr
cooperative agreement.
2. lf.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:
11/06/2008 17:23 FAX
November 6, 2009
Mr. \8/AjibO|oBo|ogun
City Manager
City Of Sou\hK8i8r\{
G130 Sunset Drive
South Miami, FL 33148
Activity Title; Murray Park Aquatic
Activity ID: 20051346
CatnSw,y� Capital Improvement
Source: CDBG
Approved Amount: $200,800
Subject: FY 2010 Final Award Letter
Dear Mr. Balogun.
12004/0V5
Housing nnJ( onmoni/yDovekyunvn/
|vC�x"'° A|h,kw't
'Mn='Onlid'� 3,31 3G
!^m| �'/v'
Center (to include Swimming Pool)
Cot gratu}a\iOnO| On November 4. 2809. the Board cd County Commissioners (BCC) approved
the FY 2010 Action Plan funding allocations h>rthA FY 2010 CnrnrnuAhy Oov$|oprnoni Block
Grant (C[}6G), the HOME Investment Partne,ohipc (HOME ). the EnnnrgencySha|tnr Grant
(E8(�)' the State Housing IoibahVeP3rtn8rohips(3H/P) and(heCoonnunityDeveinl-m*n{Black
Grant Recovery (CC}BG'R) Programs. Thin action by the Board V/ County Commissioners was
the culmination of the FY 2010 Consolidated Request for Applications (RFA) pr0C8So, which
opened on July 2, 2008. and was u0O[UiU&ted hy the Department o[Housing and Community
Development Vk/a the Office o<Cnmmunity and EC0AnR1ioDevelopment
|n8n effort hoinhi�O9 the contract poapurakk>n and execution process, please fill out ond return
the following documantu(syo enclosed samples) by November 1O'2PO9:
• Detailed and summary budgets un pot k>iUa(provided,
• Scope Of services axpe[(ormatprovided;
• Environmental Review (ER) form with oKtunhmon\m
In addition. funded aguMd88 are /8QuIreU to attend our Contract [}exek)pm8n, Technical
Assistance workshop as follows
�
November 13,2000 from 1D:0Oa.80.tu12:0Vp.rn,mt the N1ia»-t|^Dade Board nf
County Commission Chambers, III NVV1mt Street, Miami, Florida.
This workshop in mandatory for all newly funded agencies receiving CDBG or HOME
funds, /\ separate meeting will be scheduled for applicants receiving CDBG~P|funds.
The purpose of the workshop is, to provide tnthnical assistance to agencies nogu/dixy the
contract development process. At that time, staff will also discuss the now requirement that all
CDBG funds will be granted in the form of forgivable loans. The,workshop will n1onVy focus on
11/06/2009 17:23 FAX
Mr. W. Ajibolu Hologun
City Manager
City of South Miarni
Nuvc,rT)bCr 6. 2009
Page 2
a 005/005
federal requirements, the execution of the required docurnents, and the preparation cf scopes of
sorvice:s and budgets. Your participation will ensure not only the expeditious development of
your contract(s), but also the implementation and the completion of your atctiviticn within the
required time frames. An additional mandatory workshop will be schodulod in mid -
January 2010 for funded agencies/developers of housing activities regardless of funding
source. Notification and complete details of this workshop will be forwarded under
separate cover.
Please contact Sonia Colon, Yearn Leader, at (786) 469 -2100 if you have any quustions.
Sincerely,
�t,a j'
Shailey Jones Horn
Director
Enclosures
c: Tangic White Jackson, Director, CED Division — DIICD
Annetta Jenkins, Assistant Director, HDLAD ,. DwiCD
Sonia Colon, 'T'eam Leader, CED Division - DHCD
2
MIAMI -DARE
ANNOUNCEMENT ON PUBLIC HEARING F.
THE PROPOSED AMENDMENT TO THE FY 20 07
THROUGH 2009 ACTION PLAN
In the Miami Herald of December 5, 2069, a Public Hearing was rescheduled to January 13, 2010 at
9:30 a.m. before the Housing and Community Development Committee (HCD)', at the Board of County
Commission In located on the second level of the Stephen P. Clark Center, 111 NW 1st Street,
Miami, Florida, to considerthe proposed amendment to the FY 2007 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 miamidade.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
1st 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 CDOG FUNDS
ip15# .^,', „, „ #„
flmounr
Source r -
City of Doe Locks
Sherbondy.Park Pool/
Commission District
Commission Disrict.
N/A '
- $150,000
CDBG 2009
Fund
Fund 02 Reserve
& Renovation
Commission District
Commission Disrict
N/A
- $160,000.
CDBG 2009
Fund
Fund 07 Reserve
CDBG 2009
-
Commission District
Commission Disrict
N /A,
- $200,000
COBB 2009
Fund
Pond 13 Reserve .
Contractor's Resourcg
ED Technical
Commission District
Commission Disrict
N/A
- $40,000
CDBG 2007
Fund
Fund 08 Reserve. -
Dynamic Community
Economic
Commission DistrictCommission
Disrict
N/A
- $5,000
COBB 2007
Fund
Fund 13 Reserve
Assistance
TOTAL CDBG FUNDS TO BE REALLOCATED
RECOMMENDED REDISTRIBUTION OF CDBG FUNDS
3Agency�
ABtivilyiName :�
ip15# .^,', „, „ #„
flmounr
Source r -
City of Doe Locks
Sherbondy.Park Pool/
3062
$25,000 „.
DOUG 2009
Gymnasium Expansion
& Renovation
-
City of South Miami
Murray Park Aquatic
3245
$160,000
CDBG 2009
Center (to include
swimming poop
Contractor's Resourcg
ED Technical
4756
$75,000 -
CDBG 2009
Center
Assistance (CCRQ
Dynamic Community
Economic
4777 '.
$50,000
CDBG 2009
Development Corp.
Development Technical
Assistance
Hialeah -Dade o
Economic -
N/A
$205,000
CDBG 2009
Development, Inc:..
Development Technical
Assistance
-
Accion USA, Inc.
Micro Loan Program
N/A
$15,000
CDBG 2009
Partners for Self
Matched Savings Fund
4778
$25,000.
CDBG 2009
Employment, Inc. /dba
Micro- Business,bSA
TOTAL CDBG FUNDS REDISTRIBUTED
$555,000.
TOTAL CDOG FUNDS TO BE REALLOCATED
- $555,000
TOTAL CDBG FUNDS REDISTRIBUTED
$555,000
RESOLUTION NO.: 142 -09 -12951
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT
AGREEMENT AMENDMENT WITH MIAMI•DADE COUNTY'S OFFICE OF COMMUNITY AND
ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC CENTER (SWIMMING POOL)
CONSTRUCTION, THEREBY INCREASING THE AMOUNT OF FUNDING FROM $566,911.00 TO
$756,911.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami was awarded a grant for swimming pool Construction
Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic
Development; and
WHEREAS, the City of South Miami is being awarded an additional $200,000.00 from Miami -
Dade County's Office of Community and Economic Development for the Swimming Pool Construction
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 Office of Community and Economic Development; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant
agreement amendment with Miami -Dade County Office of Community and Economic Development for
Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from
$556,911.00 to $756,911.00.
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 amendment with Miami -Dade County's Office of Community and Economic Development for
Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from
$556,911.00 to $756,911.00.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this 1 st day of September 2009.
ATTEST: �
i
Include File Name and Path
APPROVED:
MAYOR / /���
W67, •>, •
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Yea
Commissioner Palmer:
Yea
Commissioner Sellars:
Yea
S'Fh�Y�S
,: sue...
Carlos Alvarez, Mayor
October 21, 2009
Ms. Carol Aubrun
Grants Administrator
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Community & Economic Development
701 N.W. 1 st Court • 14th Floor
Miami, Florida 33136
T 786 - 469 -2100 F 786 - 469 -2170
miamidade.gov
Re: Amendment One to the FY 2009 Community Development Block Grant (CDBG)
FY 2009 Contract - $756,911 (Murray Park Aquatic Center — Construction Phase I)
Dear Ms. Aubrun:
Enclosed is an executed copy of the Amendment One to the FY 2009 CDBG Contract
between the City of South Miami and Miami -Dade County for your agency's Murray
Park Aquatic Center — Construction Phase I. The effective term of this agreement is
from January 1, 2009 through December 31, 2010.
Your staff must ensure that the Department of Housing and Community 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,
�etitia S. Go�dson
Contracts Officer
:Isg
Enclosure
Index Code: CD535C08CI and CD534C09CC1
c: Central File: CDBG FY 2009 City of South Miami
(Murray Park Aquatic Center — Construction Phase 1)
AMENDMENT ONE TO THE FY 2009 CDBG CONTRACT
BETWEEN
THE OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT
AND
CITY OF SOUTH MIAMI
This agreement entered into between Miami -Dade County, hereinafter referred to as the
"County" and City of South Miami, hereinafter referred to as the "Awardee" executed
on March 30, 2009, is amended as follows:
Paragraph IV.
The Awardee and OCED Agree:
A. Effective Date:
This agreement began on January 1, 2009.. Any costs incurred
by the Awardee prior to this date will not be reimbursed by the
County.
2. This agreement shall now expire on December 31, 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 paragraph shall be accomplished by writing by the
County to the Awardee. Such notice shall automatically become a
part of this contract.
3. This amendment shall reflect a new total of $756,911.00.
4. This agreement 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.
The effective date for this amendment is June 30, 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 Aquatic Center — Construction Phase I
Contract Date: 1101/09 — 1 213111 0
IN WITNESS THEREOF, the parties hereto have caused this two (2) page amend nt
to be �a�u ted by their undersigned officials as duly authorized, this /r
day f A �' {� 2009.
AWARDEE: MIAMI -DADE COUNTY
City of South Miami
BY: BY:
ecr u ek c� ° °
NAME: dAS' A:5(P -10(A Fc,P,LCCjt ft-4. NAME:
TITLE:
TITLE: City Manager
DATE: 7 -9"05
M
NAME ATTEST °'p~
to
TITLE: TITLE: Clerk,,,Board,of County
DATE
Witnesses:
LO-0
go
Maria M. Menendez Suffciency
Type or Print Name
Federal ID
Number: 59- 6000431
Resolution #: R- 1127 -08 and R- 914 -09
Awardees' Fiscal Year Ending Date: 9/30
CORPORATE SEAL:
Commissioners
by the Miami Dade County Attorney for Legal
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
2
3. - APPROVED BY BCC: $756,911
4. - SOURCE: CDBG 2009
5. - HUD INFORMATION:
5a. — HUD matrix code: 03F
5b. — Title: Neighborhood Facilities
5c. — Eligibility 570.201(c)
6. - ACCOMPLISHMENTS:
6a. — Number of Units: I
6b. — Type: Facility
7. -NATIONAL OBJECTIVE: 570.208(A)(1) — Low/Mod. Income Area (LMA)
8. - ACTIVITY ADDRESS: 5800 S.W. 66th Street (Murray Park)
Miami, Florida 33143
9. - LOCATION: City of South Miami
➢ CO: Letitia Goodson PLANNER: Winston Parldnson
U111T
O�
0- Rai
'o
0,0
�00-
q
M
TM
R U
E
OM
iom,
?ER
t,
Nz
N
0- 0
z m
0
> 9 -00
m
0
< m m
m I
z
'OK
zo
MMM
m
0�0
olm
<
>
m
8
x —0
0
0
m
z
.0 8E
c
z 0
c 0
al
on
z
�gl m
<
I
m
zo
o X
O�c
�w TO C
2
N
0
0 m
z
Opp
m 9 c
m
0 C
z
m
KO
Mz
A-
<
'w
si
omc
m
z
zm�
0
z
!<
1:M
z
'Al
<
m
z
I
Attachment B
CITY OF SOUTH MIAMI
Murray Park Aquatic Center Construction - Phase I
CDBG
FY 2009
SUMMARY BUDGET
JANUARY 1, 2009 — DECEMBER 31, 2010
PRIOR YEAR FY 2009 FY 2009 NON -OCED
FUNDING (Pool
CATEGORIES Design) CD535C08CI Plan Amendment FUNDING TOTAL
i. Personnel $16,363 $14,500 $0 $0 $30,863
II.Contractual Services $259,637 $40,500 $0 $0 $300,137
III.Operating Services $0
$0
$0
$0 $0
IV. Capital Outlay $276,000 $501,911 $200,000 $50,000 $1,027,911
TOTAL BUDGET $276,000 $556,911 $200,000 $50,000 $1,358,911
SOURCES OF OTHER
FUNDING
CRA
TOTALAMOUNT
$50,000
Attachment B
CITY OF SOUTH MIAMI, INC
CDBG FY 2009
Murray Park Aquatic Center Construction - Phase I
DETAIL BUDGET
January 1, 2009 thru December 31, 2010
4010 Fringe Benefits
FICA Sala X7.65%
[PPL
Non -OCED
OCED
OCED
Total OCED
Total All Sources
$ 701,911
$ _
CD535CO8Cl
Plan Amendment
$
$
Sub -Total Fringe
$
$
$ 1,000
$
4010 PERSONNEL- pq /o ee
$ 1,000
$ 40,500
$ 40,500
21030 Other Professional Svc
$
Re ular- Salaries
. Total Personnel
$
$
1 $ 14,500 1
$
Public Works Director
$ 14,500
$
$ 7,000
$
$ 7,000
$ 7,000
Chief Accountant
$
$ 500
$
$ 500
$ 500
Grants Administrator
$
$ 6,000
$
$ 6,000
$ 6,000
- Sub -Total Salaries
$
$ 13,500 1
$
$ 13,500
$ 13,500
4010 Fringe Benefits
FICA Sala X7.65%
$
$ 1,000
$
$ 1,000
$ 1,000
$ 701,911
$ _
21012 Environmental Audit
$
$
Sub -Total Fringe
$
$
$ 1,000
$
$ 1,000
$ 1,000
$ 40,500
$ 40,500
21030 Other Professional Svc
$
. Total Personnel
$
$
1 $ 14,500 1
$
$ 14,500
$ 14,500
Contractual Services
21011 External Audit
$
$
$ 200,000
$ 701,911
$ _
21012 Environmental Audit
$
$
$
21030 Other Professional- Svc Const M mt
$ -
$ 4000
$ 200.000
$ 40,500
$ 40,500
21030 Other Professional Svc
$
$
22350 Bottled Water
$
$
25330 Rent Copier
- $
$ _
25511 Buildin2 Rental
$
$
Total Contractual
$ -
$ 40,500
$ 40,500
$ 40,500
Oeerating Expenses
31011 Telephone Regular
$
$
31011 Telephone Lon :Distance
$
$
31610 Postage
$
$
31420 Advertising Radio
$
$
Total Operating Expenses
$
$
Commodities
31510 Outside Printing
$
$ 501,911
$ 200,000
$ 701,911
$
95020 Computer Purchase
1
$
$
47070 Office Su Ties /Outside Vendors
$
$ 501 911
$ 200.000
$ 756.911
$
Total Commodities
1 $
$
Capital Outlay
90 Construction
$ 50,000
$ 501,911
$ 200,000
$ 701,911
$ 751,911
Infrastructure Improvements
$
$
Total Capital Outlay
$ 50 000
$ 501 911
$ 200.000
$ 756.911
$ 751 911
TOTAL BUDGET $ 50,000 $ 556,911.00 $ 200,000.00 1 $ 756,911.00 $ 806,911
SOURCES OF OTHER
FUNDING TOTAL AMOUNT
CRA $50,000
RESOLUTION NO.: 55 -09 -12864
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT
AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC
DEVELOPMENT (OCED) FOR AQUATIC CENTER CONSTRUCTION IN THE AMOUNT OF
$556,911.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has been awarded a grant for Aquatic Center Construction
Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic
Development; and
WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami -
Dade County's Office of Community and Economic Development; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant
agreement with Miami -Dade County Office of Community and Economic Development for Aquatic Center
Construction Phase in the amount of $556,911.00.
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 Aquatic
Center Construction Phase in the amount of $556,911.00.
Section 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this /" day of .'5_244z,_, 2009.
ATTEST:
<:z -a
ITY CLERK
READ AND APPROVED AS TO FORM:
♦� Y ATTORNEY
Include He Name and Path
APPROVED:
MAYOR
COMMISSION VOTE: 3 -1
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Newman:
Nay
Commissioner Palmer
absent:
Commissioner Beckman:
Yea
ra
CO.UNT'Y .
Carlos Alvarez, Mayor
April 1, 2009
Mr. W. Ajibola Balogun
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Community & Economic Development
701 N.W. 1st Court • 14th Floor
Miami, Florida 33136
T 786- 469 -2100 F 786- 469 -2236
Re: Community Development Block Grant FY 2009 Contract - $556,911
Murray Park Aquatic Center — Construction Phase I
Dear Mr. Balogun:
miamidade.gov
Enclosed is an executed copy of the CDBG FY 2009 Contract between the City of
South Miami and Miami -Dade County for your agency's Murray Park Aquatic
Center — Construction Phase I. The effective term of this agreement is from
January 1, 2009 through December 31, 2010.
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, QQ
d)_ ) �
Letitia S. Goodson
Contracts Officer
:Isg
Enclosure
Index Code: CD535C08CI
Ark n 2 2009
CITY MANAGER'S
c: Central File: CDBG FY 2009 — City of South Miami
(Murray Park Aquatic Center — Construction Phase 1)
CDBG FY 2009
Municipality
FY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONTRACT BETWEEN
MIAMI -DADE COUNTY
AND THE
CITY OF SOUTH 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 1974, as amended -
Community Development Block Grant
Low- and Moderate - income
A member of low- and moderate - income family i.e., a
family whose income is within specified income limits set
Person
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 -1 ") of
this contract.
Any contractual agreement between a Subcontractor and
Subcontract
the Awardee
Murray Park Aquatic Center — Construction Phase I
Contract Date: 1101109 — 12131110
il. 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.
B. 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, losses 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 10, 2009, July 10, 2009, October 9,
2009, January 8, 2010, April 10, 2610, July 10, 2010, October 9, 2010
and January 8, 2011.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when subcontractors or sub - consultants
are utilized to fulfill the terms and conditions of this contract, Miami-
2
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 -Owned businesses performing part of the
contract work.
Additionally, the listed 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 OCED a cumulative account of its
activities under this agreement by completing the following portions
of the Progress Report Form:
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 10, 2009, October 9, 2009, April % 2010 and October 9, 2010.
Section IV -Neighborhood Employment Opportunities:
Neighborhood 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 10,
2009, October 9, 2009, April 10, 2010 and October 9, 2010.
The Awardee shall submit to the County, in timely manner,, any
other information deemed necessary by thecounty,
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 D.4. 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
DA.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 II, 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, 2009 through
December 31, 2009 and shall be received by OCED no later than January 8,
2010 and January 1, 2009 through December 31, 2009 and shall be received
by OCED no later than January 8, 2011.
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 11, 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."
4.
Audit Report - The Awardee shall submit to OCED an annual audit report in
triplicate as required by Section 11, 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 85.26 and OMB A -133.
5. Inventory Report - The Awardee shall report annually all nonexpendabie
personal and real property purchased with CDBG funds from this and
previous agreements with the County as specified in Section 11, 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
1. 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 51% 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 1970, 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 Resldental
Antidis placement and Relocation Assistance plan under section 104(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, rehabilitaion, 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.
5. 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
F.
to the provisions of this contract. Representatives of the Awardee shall
attend meetings of the appropriate committees and citizen participation
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 andlor 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 than 30 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
Federal, State, and County Laws and Regulations
1. RULES, REGULATIONS AND LICENSING REQUIREMENTS
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 familiar 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 Non - 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. Action /iVVII- v,o.,,n,wa......
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 proposalsibids
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
minorities 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.
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- 186 -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 entivy that seeks to do business with
Miami -Dade County shall adopt a Code of Business Ethics ("Code ") and shall that
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 entity; and, may
not transact business with 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 list. 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 representations 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
3. 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
16. Collusion 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:
1. 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 III, 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 U.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 CFR 570, 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.
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 K 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 -Kick Back Act; Contract
Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning
Prevention Act as amended on September 15, 1999; and other related acts, as
applicable.
4. Submit to OCED for written prior approval all proposed Solicitation Notices,
Invitations for Bids, and Requests for Proposals prior to publication.
5. 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 K prior to
scheduling a pre- construction conference. OCED will hold Jo% of the total
grant award as a retainer until the construction work is 75% completed,
verified by OCED. At that time the retainer will be reduced to 5 % until the
work is completed, verified with 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.
Audits and Records
The Awardee expending $500,000 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 $500,000 or more under
only one federal program may elect to have a program- specific audit
performed, in accordance with OMB A -133. Awardees who will be receiving,
or who have received, federal awards for loans or loan guaranteed programs
10
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 $500,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A -133, 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 A -133, 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
CDBG funds, an internal control review, and a compliance review as
described in OMB A -133. A copy of the audit report in triplicate must be
received by OCED 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.
5. 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 OCED 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
OCED, each of the record - keeping and audit requirements detailed 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.
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
11
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.
9. 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
1. 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 II,
Paragraph J.1.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 litigation, 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.
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.
5. 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. Provision 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
12
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 upon 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 (114) 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 (114) 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; (I)
where an IPSIG is assigned at the time the contract is approved by
the Commission; 0) professional service agreements under $1,000;
(k) management agreements; (I) small purchase orders as defined in
Miami -Dade County Administrative Order 3- 2; federal, at and
mterto
local government- funded grants; and (n) agreements.
... _.._. , Q_�M M
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,
property, and equipment purchased in whole or in part with government
funds, including funds awarded tp Awardee pursuant to this contract.
�. Prior Approval
The Awardee shall obtain prior written approval from OCED prior to undertaking any
of the following:
1. The engagement or execution of any subcontracts or contract assignments,
wherein CDBG 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 shall have no obligation
13
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 11, Paragraph Q.1. 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 H 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.
N. 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 570.611 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
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:
➢ Original contract or its subsequent amendments.
14
a
➢ Requests for budget revisions.
➢ 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.
Publicity, Advertisements and Signage
t. 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
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 CDBG 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
15
and very low- income persons, particularly those who are recipients of government
assistance for housing according to the guidelines mentioned below:
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 regulations 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 CFR
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.
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
Act (25 U.S.C. 450e) 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 Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations 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 Subcontracting 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
16
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
Definitions
a. Real Property: Land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical existence
such as patents, inventions, and copyrights
C. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $500 or more per item, with a
normal expected life 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 $25,000 shall be either:
17
1) 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 (5) 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.1., 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 $25,000
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.
d. 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 180 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.
e. All 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 nonexpendable personal property
requirements as stated below.
a. All nonexpendable 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;
f]
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 nonexpendable 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 nonexpendable 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
nonexpendable 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 570.500 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.
Q
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
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 implementing those activities. All
19
S.
T.
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 CDBG eligible activity as provided
for and defined by 24 CFR Part 570 at 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 CDBG
eligible activities, and to cover operational costs before requesting
additional CDBG funds.
I. Any proceeds from the sale of property as detailed in Section II,
Paragraph Q.4., above, shall be considered program income.
j. 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
hand, and any program income accounts receivable attributable to any CDBG
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 Manual.
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.
20
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the
U.S. HUD's debarred, suspended, or ineligible contractors list;
Awardee shall use, at a minimum, US HUD's Excluded Parties List
System to confirm clearance of contractors. The system may be
accessed at https. / /Www.epis.gov/ Awardee shall provide to OCED a
copy of the site page that indicates the name and the date it was
checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami -Dade County's debarred
Contractor's List; Awardee shall, at a minimum, check at
miamidade.gov/sbalreports.debarme to determine if a person or
entity is on Miami -Dade County's debarred contractor's list. Awardee
shall provide OCED with a printout copy of the site page that
indicates the name and the date it was checked.
b. Comply with all requirements and regulations specified in OCED's
Contract Compliance Manual;
C. Identify the full, correct, and legal name of the party;
d. Describe the activities to be performed;
e. Present a complete and accurate breakdown of its price component;
{, 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;
g. 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 tax 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
21
described in this contract. OCED's approval shall be obtained prior to the
release of any funds for the subcontractor.
S. The Awardee shall receive written approval from OCED prior to either
assigning or transferring any obligations or responsibility set forth in this
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.
7. 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 B, "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 after 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 CDBG funding to the Awardee
or to any subcontractor hereunder nor shall the Awardee advance CDBG
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.
5. All payments will be limited to the quarterly payment schedule that
accompanies the action step chart in the scope of services and payment is
22
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.
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 Compliance 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.
10. 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.
111. 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 $556,911.
23
IV. The Awardee and OCED Agree:
A. Effective Date
1. This contract shall begin on January 1, 2009. Any costs incurred by the
Awardee prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 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 additonal time period during which the Awardee remains in control
of the CDBG funds or other assests, including Program Income to support
CDBG eligible activates. 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.
B. 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.
24
C. ' 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
OCED may terminate this contract, in whole part, when both parties agree
that the continuation 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-fall, 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,
return 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 -four (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.
25
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
be responsible for all direct and indirect costs associated with such
termination or cancellation, Including attorney's fees.
The foregoing notwithstanding, any individual or entity who attempts to meet
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
If 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
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.
26
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.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by
action from the Board 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 CDBG 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 relating to this contract
shall, to the extent permitted by law, be held in Miami -Dade County, Florida.
27
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 1/4 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
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 1/4 of 1% of the total contract amount.
W
L. Notice and Contact
OCED's representative for this contract is Letitia Goodson. The Awardee's
representative for this contract is W. Ajibola Balogun. The Awardee's principal office
is at 6130 Sunset Drive, South Miami, FL 33143. The Awardee's telephone number is
(305) 633 -6338.
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.
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. Waiver 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.
O. 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
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.
Q. 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
29
Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and
Signage) contain all the terms and conditions agreed upon by the parties.
30
IN WITNESS THEREOF, the parties hereto have caused this thirty @Q& page contract to be executed
by their undersigned officials as duly authorized, this__30 day of JkcytZ�2009.
AWARDEE:
City of South Miami
BY:I --
NAME: W. Ajibola Balogun
TITLE: City Manager
DATE: (� P) V1 d 9
ommI
TITLE:
DATE
Witnesq":
BY:
M lg nati
Yfi
Type or
BY:
MIAMI -DADE COUNTY
• l'r.l 4?ru 0
(Signatuffip� '
1-6115 5 o uncr).'
Type or Print Name
Federal ID Number: 59- 6000431
Resolution #:1127 -08
Awardee's Fiscal Year Ending Date: 09/30109
CORPORATE' SEAL:
BY:
NAM Carlos Alvarez
TITLE: Mayor
�r GQM
e'er
C
off, }1�?•a
r /�
h n
TITL•F,? fkrk, ard of County
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
31
RFA FY2
CATEGORY:
Capital Improvement
Dis ° MD Specific:
07
Applicant I Developer (A.K.A.):
City of South Miami
02. Organization Type:
Municipality
Acronym: SMIAMI
Source
CDBG
Index Code:
IDIS Number:
Non- Responsive?
Phone:
bate:
1/1412009 FY 2009 Activity ID: Multi-Source: 20051346
Contract Number:
Applicant Address: 6130 SUNSET DR
C11-y' ST, zlp: SOUTH M �1j [F L ' 33143
..........
Contact: Mr.W. Ajibola Balogun
663-6338 E-Mail: abalogun@citimisouthmiami.net
Title: Murray Park Aquatic Center (to include Swimming Pool)
Description (254 Characters Max.):
Commencement and construction of Murray Park NqlldtfNCenter which is located in the South
Miami NRSA. The project will Service no less fh 4,000 10 /moderate income residents.
FY06 Funding: $.0 FY07 Funding: §0 PY08 Funding-, $276,000
Index Code: Index Code: Index Code:
I IDIS Number: IDIS Number: IDIS Number: 3245
FY06 Contract FY07 Contract #: FY08 Contract #: 80014
Evaluator, Mario Berrios
(*) NRSA:
South Miami
V) Entitlement City / community:
NIA
City of South Miami
F1Non-Responsive?
URTF
LZ�EZ
CAC
CDF
F
BCC Recorn
-$oll
STAFF
LZ�EZ
MGR
$556,9111
L�
BCC Recorn
$556,911 i
PeProgr Funds
$0
J Yea
El Compiled With'MUST'? Action Plan $556,911 TOTAL $556,911
V,
15
1p
HUD Code: HUD Activity Type: National Citation National Objective: % , Low /Mud
. 11 I .
Parks, Recrealional Facilities
03F 570.201(c) 570.208(a)(1) LMA
Number o n Accomplishment Type Priority Need
�lJuU 195.2 People Other
, , , ,
"y 31'i"W. �" � , ,
Pl hNo bi h - V- Agencies Located in the City of Miami
Primary Activity Address:
Street: Activity Goo City: ST: Geo7ipf'ode: Census Tract: Block Group;
South FL 1 33143 76.03 03
FiO W 66 Street
If no street address, provide crossroads information:
Evaluator's comments:
10. Not filled in although prior years funding in database is $276,000. - NAAB - 09-_1008
11. Not filled in although documents are included in binder. - MAB - 09-10-08
ATTACHMENT A
N
City of South Miami
CDBG FY 2009
Scope of Services
January 1, 2009 — December 31, 2010
1. - ACTIVITY TITLE: Murray Park Aquatic Center — Construction Phase I
2. - ACTIVITY DESCRIPTION: Capital Improvements — Public Facility
3. - APPROVED BY BCC: $556,911
4. - SOURCE: CDBG 2009
5. -HUD INFORMATION:
5a. — HUD matrix code: 03F
5b. — Title: Neighborhood Facilities
5c. — Eligibility 570.201(!)
6. - ACCOMPLISHMENTS:
6a. — Number of Units: 1
6b. — Type: Facility
7. -NATIONAL OBJECTIVE: 570.208(A)(1) — Low/Mod. Income Area (LMA)
8. - ACTIVITY ADDRESS: 5800 S.W. 66'" Street (Murray Park)
Miami, Florida 33143
9. - LOCATION: City of South Miami
➢ CO: Letitia Goodson PLANNER: Winston Parkinson
gg
O
gO
x`03
y
n
Syr
2 p
TO
3
a
)
`.
O
A C
AT
a 2
N
b
`.h,
O
m
C
p
N
O
O Z
O
m}��
A
m O Fi
„F
Z
IOiI
Ilt
�:b
T
22
.
;�
b }
p a'•
N
0 m
0 0
c
��:
5f ;.
D
a
"YOO
O
Z a�
T nO�.4
T 2
3'
a
O�
O �I
T
y
O
�'e?
a
O
D•
T
1011
N
m Om 111
a Ob
<y p
b �i
�
-nc
L
,`fin, i czi V.'
�"Y
f
(mn
O-f 1�1
� T
aa�
K
mnSiF.Ian
tZi�
'010
Oi
��il
�-OI
IOit
Z�
v '
F
vi
' 4S
'1 i
Pv 00 i
p
i
°Is
a m
-
z
;;rrx'1
ps
��
G
f+
Omc
II1
9
N
1T 2
m
•e •,
S^
2M
iY�
m
o ➢ c'm
S z r
g o
'�StN
b N
aoy cco
N
0
N
cm
a N
m0
m0l0
o
0m
ro 0
a° ozy
n 0
0
o
",N
'
a m
m0
o
omfiin�Fo
b 0
Dz 0
0
;;cm
N
N
_amroyam0zommaogoz0o3z
a
3 0
0
,y
m3
m
3 mY
�b
:
3
i
O
pZzozC2
I
z
Y2
,c
j
m3
OmT a 0
zc
o3c0z0
z
5
°
mo =
z w <
;pS.
Y T
T_
�m
^Yi
yba
zw
amC
FN 2 cm
Cm
Cm
I
�
y z
W
N m
m
c
m
n
N W
N
0
O
N p y
C g
S?Si�+„
'c,1
O
I-
G
2
N000
C
y
0
0'
r
O
m bo
3 D
°
Z
°om
Z
O
9
Oy
s y c
3 ( A m
m �i �i -c O
k
O
mDN
O
ez
�C
T
D
2
m
a 2
Z
y"
T
Y
2
NZa
�'
�p m
O�
Z Z
41YY.pa
Z
'
T
b�
m '!
� LL
m!�
m
O
3
O'
2
-I
m
Z O O m
-{
CN2N
��Ohm
KY
ew ®y
NZ
p
a
47
�b
Y
�`ID
C
a?
as
Ob
Z
�ji
2ANw
y
O
z o
co
N „a
zaAR
;ah
Dz
Y
z
�ix
m
z
e
m
�r`�
m
ro
o
m
r
S
a,
O
r
o '�'
.�n�,NZO
a
Y°
m
m
Z 3
V
z
p
o
5
ooh*}
q
4
b IN(1 Q
AC C
OR
.
'vnw”.
aAc
J
r:
ax
�4
fir,
ni!
I
3 � 5
9 M C
'i
x5
11
O
C
n
k,de
�
���.
ofmh
s
�
�
lAil`5
xb
y
z A
D
a
�;,;
nil
m
N
y
sa
11
c'
s
g
d
N
3
"a
ATTACHMENT B
CITY OF SOUTH MIAMI
Murray Park Aquatic Center Construction
CDBG
SOURCES OF OTHER
FUNDING TOTAL AMOUNT
CRA $100,000
FY2009
SUMMARY BUDGET
JANUARY 1, 2009 — DECEMBER
31, 2010
PRIOR YEAR
FY 2009
NON -OCED
CATEGORIES
FUNDING
FUNDING
FUNDING
TOTAL
I. Personnel
$16,363
$14,500
$0
$30,863
II.Contractual Services
$259,637
$40,500
$0
$300,137
III.Operating Services
$0
$0
$0
$0
IV. Capital Outlay
$0
$501,911
$100,000
$601,911
TOTAL BUDGET
$276,000
$556,911
$100,000
$932,911
SOURCES OF OTHER
FUNDING TOTAL AMOUNT
CRA $100,000
CITY OF SOUTH MIAMI, INC ATTACHMENT B
CDBG FY 2009
Murray Park Aquatic Center Construction
DETAIL BUDGET
January 1, 2009 thru December 31, 2010
a( y ...
salaryX7.65%
FICA l
PP
Non -OCED
OCED
OCED
Total OCED
Total All Sources
21012 Environmental Audit
$
FY 2008
FY 2009
$
$
$ -
Sub -Total Fringe
CD534C09C/
$
$ 1;162.80
$ 1,000.00
4010 PERSONNEL -Employee
$ 2,162.80
21030 Other Professional Svc
31420 Advertising Radio
$ -
$ 259,637.00
$ -
Regular- Salaries
$ 259,637.00
Total Personnel
Total Operating Expenses
$
1 $ 16,362.80
1 $ 14,500.00
Engineer
1 $ 30,862,80
$ -
$ 7,000.00
$ 7,000.00
$ 14,000.00
$ 14,000.00
Accounting Supervisor
$ -
$ -
$ 2,700.00
$ 500.00
$ 3,200.00
$ 3,200.00
Grants Administrator
$ `
$ 300,137.00
$
$ 5,500.00
$ 61000.00
$ 11,500.00
$ 11,500.00
Sub -Total Salaries
$
$ 15,200.00
1 $ 13,500.00
1 $ 28,700.00
1 $ 28,700.00
a( y ...
salaryX7.65%
FICA l
$ 100,000.00 $ - $ 501,911.00 $ 501,911,00 $ 601,911.00
$ -
$ 1,162.80
$ 1,000.00
$ 2,162.80
$ 2,162.80
21012 Environmental Audit
$
$
$ -
$
$
$ -
Sub -Total Fringe
$ -
$
$ 1;162.80
$ 1,000.00
1 $ 2,162.80
$ 2,162.80
21030 Other Professional Svc
31420 Advertising Radio
$ -
$ 259,637.00
$ -
$ 259,637.00
$ 259,637.00
Total Personnel
Total Operating Expenses
$
1 $ 16,362.80
1 $ 14,500.00
1 $ 30,862.80
1 $ 30,862,80
Contractual Services
21011 External Audit
$ 100,000.00 $ - $ 501,911.00 $ 501,911,00 $ 601,911.00
$
$ -
$
$
$ -
21012 Environmental Audit
$
$
$ -
$
$
$ -
21030 Other Professional- Svc Const Mgmt
$ -
$ -
$
$ 40,500.00
$ 40,500.00
$ 40,500.00
21030 Other Professional Svc
31420 Advertising Radio
$ -
$ 259,637.00
$ -
$ 259,637.00
$ 259,637.00
22350 Bottled Water
Total Operating Expenses
$ -
$ -
$ -
$ -
$ -
25330 Rent Copier
$ -
$
$
$
$ -
25511 Building Rental
Total Contractual
$
$
$ -
$ 259,637.00
$ -
$ 40,500.00
$
$ 300,137.00
$ `
$ 300,137.00
v mau „y a:nycnocu
31011 Telephone Regular
$ 100,000.00 $ - $ 501,911.00 $ 501,911,00 $ 601,911.00
$ -
$ -
$
$
$
31011 Telephone Long Distance
$
$
$ -
$
$ -
$
31610 Postage
$ -
47010 Office Supplies/ Outside Vendors
$ -
$
$
$
$
31420 Advertising Radio
Total Commodities
$
$ -
$
$
$ -
Total Operating Expenses
$
$
$
$
$
Commodities
$ 100,000.00 $ - $ 501,911.00 $ 501,911,00 $ 601,911.00
31510 Outside Printing
$
$ -
$ -
$ -
$
95020 Computer Purchase
$ -
$ -
$
$
$ -
47010 Office Supplies/ Outside Vendors
$
is
$
$
$
Total Commodities
$
1 $
$
I.s
$
Capital 0 u la
90 Construction
$ 100,000.00 $ - $ 501,911.00 $ 501,911,00 $ 601,911.00
Infrastructure Improvements
$ -
$ -
$
$
$ -
Total Capital Outlay
$ 100,000.00
1 $
$ 501 911.00
I $ 601 911.00
1 $ 601,911.00
TOTAL BUDGET $ 100,000.00 $ 275,999.80 $ 556,911.00 $ 832,910.80 $ 932,910.80
SOURCES OF OTHER
FUNDING
134*70
17
TOTALAMOUNT
$100,000
M E]
ATTACHMENT C
QUARTERLY EXPENDITURE AND
PROGRESS REPORT • FY 2009
Reportlgg'j? ii �. i ❑ 1st Quarter [Jan -Mar] ❑ 2nd Quarter [Apr -Jun] ❑ 3m Quarter [Jul -Sept] ❑ 4td Quarter [Oct -Dec] /Annual Report
Recipient Name (Organization):
Contact Person (Name & Title):
Activity Name (Project Title): _
Activity Address:
Activity Description:
Telephone Number:
Activity ID # : Index Code: _ Funding Source: Funded Amount: $
Activity Category: ❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service
Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities
Outcome: ] Avallability /accessibility ❑ Affordability ❑ Sustainability
A B C D
—
CATEGORY
--
APPROVED
TOTAL
ACTUAL
EXPENDITURES
REIMBURSED
CUMULATIVE
PROJECTED
- PROJECTED
CUMULATIVE
BUDGET
EXPENDED
CUMULATIVE
CUMULATIVE
PERCENTAGE
EXPENDITURES
EXPENDITURE
jThis Cuader)
(Through and of this quaded
phrouAh end of this quarter!
[B of
!Next euarled
lay end of Contract Periotll
Personnel
$
$
$
$ - -
-%
$
$ --
Contractual
$
$
$
$
%
$
$
Operating Costs
$
$
$
$
%
$
$
Commodities
$ - -
$ —
$
$
%
$
$ —
Capital Outlay
$
$
$
$
%
$
$
TOTAL
$
$
$
$
%
$
$
Program Income * The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from OCED.
1. Does this activity generate Program Income? ❑ Yes ❑ No 2. If yes, indicate the amount generated this quarter. $
3. if yes, was written approval granted by OCED to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A
If yes, 0 attach copy of approval letter and related documents. If no, a written request for approval to use the Program Income must be submitted to OCED -or- a check payable to Miami -Dade
County for the generated Program income must be submitted quarterly In accordance coils the terms of the con tract. Check Attached? ❑Yes [-I No El NIA
AC,TIV FY,t$TATUS;`WKD AGC MP(ISHMENT:LN�ORMATI N ,
,Q A.
1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A= Exempt ❑ C= Completed ❑ D= Underway
3. Is this activity still in compliance with the original project schedule? []Yes ❑ No
�,$¢ctlbhalll" '' �y0rk in plOt�rCSS (On golhlg Ac Usj!1'❑Accom, p(iSh !lent Narrative lAF tycomPlet d):
Gheck appropnal:xXtind 7etere,�,= COIlia Slcgpe.gf Servicc3r mciuded.ip- your ao, nitxlvas !fie__- _;_- _basis;toJ iepoi6ri ;tliew,orkin r re3s. ocaccomplisheUinabno(narraLve'; format. +[; U�Attacfi'SC6pe'af_Services ,'`s''
- SaCfIOn V:.0tI7Cr $Upp0,1'fl�ffOrf$�_� Ptbvi de adesgripUOn using quanlifabledala pf all.olhpr supporpng,ef(or(slhalhaCe b'egyn'paNaliy implehented prcotnplej4, tlunhq ihis period.
Office of Community and Economic Development Page 1 of 2 Quarterly Expenditures and Progress Report (rev 12- 15 -08)
ATTACHMENT C
QUARTERLY EXPENDITURE AND
PROGRESS REPORT - FY 2009
COUNTY
�SBCtIO•}t¢Vi�a,Pj'Obf4(f1S �,,ItG011htered 1,�,- ,royrde�b ef,.`tls ptfpq�of any�pJobiem5ord`elays encounter,`ai1'tlu{ing lhlBpenod!6'r,anliapated, �;; _ � „r ?yam •',t ~ti. �. 1
.S�CtiOU, l — � pe pny ,TA :fof
tec(lnjgal assfytence duppg ,UJjs,pengd p(geye tle' or etlienature',offgleAeals pCe'eglil[G '.
>"vmb Keryl lrPyrforhh art d M¢apure risni r ; b'. '
Accomplishment Type: ❑ People (oil ❑ Households 104) ❑ Businesses [08]
❑ Public Facilities fill ❑ Jobs [13)
National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA) -or-
(A�iev�?iJeh`t5
Projected Goal
Actual This Quarter*
Actual Cumulative
Housing Units
Owner
Rental
Buyer Total
Low/Mod
Total
FT Jobs
Projected Goal
E] Organizations (ogl ❑ Housing Units (10]
❑ Direct Benefit [e.g. LMC, LMH, LMJ)
Actual This Quarter*
Actual Cumulative
Peo le Households
Total People Lowl Total Low I Female
Mod Households M_od Headed
*Supplemental Form @ Required – Attached Y / N
*Supplemental Form tJ Required – Attached Y / N
(1) Performance &Benefit Data: Housing
Note: HOME funded projects must submit applicable activity set -up form. (1) Performance & Benefit Data: Public Service & Administration ❑ -or-
(2) Performance & Benefit Data: Capital Improvement & Public Facilities ❑ -or-
(3) Performance & Benefit Data: Housing ❑
Nola: HOME funded projects must submit applicable activity set -up form.
<4 e xr,�'�' k *` qry n r s rpp 'c� ,4w air ✓s x, to
r�Y 'rlan., '''- �[_�i��.i� ,. , i 'aAo�(�vgm�rit9 { r *tl )�'�er�.�e: t�%ip� � � �V�S, Ors 0 BUS,If�e9 §s ✓�t;� t a,(. � a>4. k Y �!�, .,�� r,
Jobs Created Jobs Retained
Projected Goal
Actual This Quarter*
Actual Cumulative
FT Jobs
�r Low/Mod !f
PT Jobs
Low/Mod
Total
FT Jobs
Low/ Mod
PT Jobs
Low/ Mod
Total
*Supplemental Form iq Required – Performance & Benefit Data: Economic Development – Attached Y / N:
PERFORMANCE CERTIFICATION: E] This certifies that No Accomplishments occurred during this Quarter] Initials
NOTE: Submittal of Supplemental Form – Performance & Benefit Data is not required at this lime based on the certification that no accomplishments occurred during this quarter.
CERTIFICATION
This is to certify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and
obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by: Title: _, Date:
Signature of Certifying Official:
Title: Date:
FOR;OGj D USE QNLY Activity IDIS Number:
Report ❑ is 1 ❑ is not complete + Report ❑ is I ❑ is not accurate 4 Initial review for completeness and accuracy completed by:
Name: Date: Name: Date:
contracts Officer Team Leader I Supervisor
Office of Community and Economic Development Page 2 of 2 Quarterly Expenditures and Progress Report (rev 12 -15 -08)
l t.
COUNTY
Recipient Name:
Activity Name:
Activity ID #'
HUD Activity Matrix Code: _
HUD Matrix Code Description:
❑ Clearance / Demolition
❑ Street Improvements
❑ Public Facility / Type:
❑ Building I Type:
❑ Other Capital improvement /Type: p.dla.le belowl
Performance & Benefit Data: Capital Improvement & Public Facititfes
Supplement to Quarterly Expenditure and Progress Report • FY 2009
Activity Category:
Accomplishment Type:
?;,t<TjEi�"�f��
�nf.?a�:
WiI:'
taM rter Jan -Mar
❑
2 "dQuader A r -Jun
❑_
__
3rd Quarter Jul -Set
❑
Quarter Oct -Dec /Annual Re oa
❑
r JqY t4 4 z ;
$ R .S :3 som, s : ", ? 1 A
❑ Structures . ❑ Parcels
Persons Served 4 Low & Moderate Income
Persons Served + Low & Moderate Income
Facilities • Persons Served + Low /Mod Income
Persons Served e Low & Moderate Income
Applicability: Instructions &
1. Total benefiting for program year:
3. Of those assisted, enter the number that:
2. Counts by Households (H) -or- Persons (P):
a) Now have new access to this service or benefit
b) Now have improved access to this service or benefit
c) Now receive a service or benefit that is no longer substandard
Total
d) Now have new access to this type of public facility or infrastructure improvement
e) Now have improved access to this type of public facility or infrastructure improvement
f ) That are served by a public facility or infrastructure that is no longer substandard
Total
g) Homeless persons given overnight shelter
h) Number of beds created in overnight shelter or other emergency housing
# of Parcels
If of Facilities
# of Persons Served
# of Low /Mod Income
RACE I ETHNIC CATEGORY
Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total. From the total
number depicted in each Racial Category, indicate the numbers that are or Hispanic Ethnicity for this reporting period and the cumulative total.
RACIAL CATEGORIES -
R,RoPT-p,ER1oPF9T L$. y
Racial Categories Ethnic Category
.? wrr, .:. MUTA
Racial Categories
l.:.Y,?TA
S?,0�.
Ethnic Categoff
Total Number
Number His anic
Total Number
Number His anic
White [i 1 j
Black I African American [121
Asian [131
American Indian /Alaskan Native [14]
Native Hawaiian / Other Pacific Islander It 51
American Indian IAlaskan Native & White [161
Asian & While [171
Black I African American & White [181
American Indian or Alaskan Native & Black / African [191
Other Multi Racial [201
Totals
Performance & Benefit Data: Capital improvement & Public Facilities [rev 12AH81 Page 1 of 2 Supplement to Quarterly Expenditure & Progress Report
C Ur4ii
Performance & Benefit Data: Capital Improvement & Public Facilities
Supplement to Quarterly Expenditure and Progress Report - FY 2009
IIRF -5 7 EFL +1` RY,r N �+T1 E Tg F,<f <,. , w i t
�`%v*r. p",w., .r•.,rau,a„ it?? a.. .. .. ., w _ _... -._' i,...h.. ..., c,. w, ��*... •r E. ._..._ �`i'E n i1�� +'' a �� Sr. i
DIRECT BENEFIT BY INCOME CATEGORY
OTHER DIRECT BENEFIT INFORMATION
Income Categories
t 0 B TS
Total Number
DR-000 MvITO LAS
Other Categories
..
Total Number
gi T s<oJAIS
Total Number
Total Number
Ex(remely Low (30% or less)
Tofal #Benefiting
from the Activity
Low (31 % - 50 %)
Moderate (51 % - 80 %)
# of Female
Headed
Households
Non Low /Mod (81 % or greater)
Totals
Census (C) or Survey (S) Data Used:
Total # of Low /Mod in Service Area:
Percent of low /Mod in Service Area:
Census Tract:
a�tariPil'w'31,1 i) i - 4'r.�1t T .�1�4'
Block Groups:
Census Tract: - Block Groups:
Census Tract: Block Groups:
If (S), enter # of LowlMod & Total Population:
Total Low /Mod Universe Population in Service Area:
W. MR b n, 3zk!Al ?4 C4U 12 i CzQ1 1tYD tirfry n irtl cry S x YT ,.w. " or 9,
1. CDBG Funds
2. HOME Funds
3. ESG Funds
4. Section 108 Loan Guarantee
5. Other Federal Funds
6. State / Local Funds
7. Private Funds
8. Other:
Total Funds
Name of Funding Source
Report Prepared by: Title:
Print Name
Signature of Certifying Official:
Title:
Date:
M
Performance & Benefit Data: Capital Improvement & Public Facilities (rev 12 -10 -0e1 Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report
QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C
INSTRUCTIONS, DEFINITIONS & ACRONYMS
L i s rc? •vt�+'�''b�T7 .. n b „e 4 k waa>A.4 ..a+'% 4sk,� w.
Reporting, Period: Enter "X" in the box that corresponds with the appropriate reporting period for this report.
Section I: General Information
1. Recipient Name: Fill in the appropriate Agency / Organization Name.
2. Contact Person: Fill in the Contact Person's Name and Title.
3. Telephone Number: Fill in the Telephone Number of the Contact Person.
4. Activity Name (Project Title): Enterthe name of the activity.
5. Activity Address: Enter the complete address of the location where the activity is taking place.
6. Activity Description: Enter brief description of the activity (120 characters maximum).
7. Activity iD #: Enter Activity ID No. of the activity.
B. Index Code: Enter the Index Code from FAMIS.
9' Funding Source: Enter the funding source (e.g. CDBG 06, CDBG DR 07, ESG 07, HOME 98, HOME CHDO 08, etc.).
10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable.
11. Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity (e.g. Housing, Economic Development, etc.).
12. Objective: Enter "X" in all that apply for the primary objective the activity is designed to provide.
13. Outcome: Enter "X" in all that apply for the primary outcome the activity is designed to provide.
Section II: Financial Information
1. Column B: Enter amount budgeted for the activity in each category of the approved budget (or most recent approved budget amendment).
2. Column C: Enter amount expended for the activity in each category during this reporting period.
3. Column D: Enter the actual cumulative expenditures from beginning of the contract through the end of this reporting period for each category.
4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category.
5. Column F: Enter the cumulative percent of expenditures for each category by dividing each amount in column D (Actual Cumulative Expenditures) by
the corresponding amounts as shown in column B (Approved Budget). Example - If Column D. shows $5,000 expended to date in the Personnel
Category and Column B shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25 %.
6. Column G: Enter amount of projected expenditures in each category for the next quarter (reporting period).
7. Column H: Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period.
8. Total: Please include totals at the bottom of each column B through H.
9. Generate Program Income ?: Enter 'W in the "Yes box if this activity is expected to generate Program Income; otherwise enter "X" in the "No" box.
10. If the response is "Yes" to Program Income: Indicate the amount of program income generated during this reporting period; if the answer was "No"
enter NIA.
11. If Program Income is generated: Enter "X" in the "Yes" if OCED approved use of the Program Income & provide copy of written approval letter along
With all related documents.'Otherwise, enter "X" in the "No" box and submit a written request for approval -or- a check payable to Miami -Dade County
for the generated Program Income.
1. Activity Status: Enter Win box that corresponds with the appropriate status of the activity [Cancelled, Underway, or Completed]. Please note that an
activity is considered complete once it meets its national objective, all accomplishments have been reported, and all the funds are drawn from IDIS.
2. Environmental Status: Enter Win the box that corresponds with the appropriate status of the activity [A= Exempt, C= Completed, or D= Underway]
3. Compliance with Original Project Schedule: Enter "Vin the "Yes" box if the activity complies with the original project schedule; if not enter "X" in the
"No" box.
Section III: Work in Progress
Provide a brief narrative description of work in progress during this reporting period. For example -
• Housing - During this period architectural drawings were completed, building department approved drawings, environmental approval received, plat
flied with the County, and construction is expected to begin next quarter.
• Economic Development - Fifteen jobs were created during the reporting period, five additional jobs are expected to be created by next quarter.
• Capital Improvement - 75% of construction of the childcare center completed this reporting period. Project on schedule and is expected to be
completed by next quarter.
Section IV: Other Supporting Effort s
Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period.
Include quantifiable data whenever appropriate. In addition, other expenditures of funds, including local match and leverage contributions, should be
depicted here.
Section V: Problems Encountered
Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the
next quarter. Report.any problems that may impact the project as originally proposed, including but not limited to changes in Scope of Services,
beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to reporYdiscuss any problems
encountered in order to resolve them as quickly as possible.
Section VI: Technical Assistance
This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity.
Instructions, Definitions & Acronyms [created 6130108] revised 9/5108 Page t of 5
QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Section VII: Performance Measurement
1. Accomplishment Type: Enter "X" in the box that corresponds to with the actual,accomplishment type of this activity [People, Households, Businesses,
Organizations, Housing Units, Public Facilities, or Jobs].
2. National Objective:. Enter "X" in the box that corresponds with the National objective of this activity. Refer to Attachment A in the Contract to locate
the National Objective for the activity -or- contact the Contracts Officer to obtain this information.
Code
Beneficiary Type
e o ar r e
Description
24 CFR Citation
LMA
Area Basis Benefit
LowlMod Area Benefit
570.208(a)(1)
LMAFI
Area Basis Benefit
Low /Mod Area Benefit, Community Development Financial Institution (CDFI)
570.208(d)(6)(i)
LMASA
Area Basis Benefit
LowlMod Area Benefit, Neighborhood Revitalization Strategy Area
570.208(d)(5)(i)
LMC
Direct Benefit
LowlMod Limited Clientele Benefit
570.208(a)(2)
LMCMC
Direct Benefit
Low/Mod Limited Clientele, Microenterprise
570.208(a)(2)(iii)
LMCSV
Direct Benefit
Low /Mod Limited Clientele, Job Service Benefit
570.208(a)(2)(iv)
LMH
Direct Benefit
Low /Mod Housing Benefit
570.208(a)(3)
LMHSP .
Direct Benefit
Low /Mod Housing Benefit, CDFI or Neighborhood Revitalization Strategy rea
gy.
570.208(d)(5)(11)
570.208 d 6 ii
LMJ
Direct Benefit
Low /Mod Job Creation /Retention
570.208(a)(4)
LMJFI
Direct Benefit
Low /Mod Job Creation /Retention, Public Facility /improvement Benefit
570,208(a)(4)(iv)(F)
LMJP
Direct Benefit
Low /Mod Job Creation, Location Based
570.208(a)(4)(ty)
SBA
Designated Area Basis
SlumlBlight Area Benefit
570.208(b)(1)
SBR
Urban Renewal Area
Slum /Blight in an Urban Renewal Area
570.208(b)(3)
SBS
Spot Basis
SIumIBllghtSpot Basis
570.208(b)(2)
URG
Urgent Need_
Urgent Need
570.208(c) -
The data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the
quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and
the Recipient must complete the Performance Certification check box for "No Accomplishments"
3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire andlor Construct New Homeowner Units, Rehabilitate
Homeowner Units, or provide. Homeowner Counseling and Direct Financial Assistance to Homebuyers must complete this section if any
accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Housing ".
4. Total People or Households: Activities that provide Public Services or Administrative (e.g., Fair Housing Activities) must complete this section if
any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Public Services -or-
Administration". Capital Improvement and Public Facilities. Activities must complete this section if any accomplishments are achieved in the
reporting period and complete the Supplemental Form, "Performance and Benefit Data: Capital Improvement & Public Facilities ".
5. Total Jobs: Activities that create or retain jobs, andlor provide assistance to businesses, must complete this section if any accomplishments are
achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Economic Development".
6. Performance Certification: The Performance Certification check box for "No Accomplishments" must be checked and initialed by the Certifying Official
if there have been no accomplishments during the reporting period. This item certifies that there have been no accomplishments during the reporting
period and the Recipient is excused from providing any further accomplishment information on the activity status as required by HUD. Reference HUD
"Notice of Outcome Performance Measurement System for Community Planning.and Development Formula Grant Programs." A copy of the Notice
and additional Information about performance measurements is available at the following link: http://www.hud.govloffices/cpd/abouUperformancel .
7. Report Prepared By: The name and title of the report preparer, along with the date, must be completed.
B. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her title must be entered, and the certification must
be dated.
This Performance and Benefit Data Report must be completed and provided to OCED for any quarter when actual accomplishments are achieved, the
activity is completed, and the national objective is met. In addition, direct benefit or area benefit data must be provided as well. Please fill out the requested
information completely and accurately as applicable for the funded activity. The following general information is available on Attachment A in the contract:
Activity ID, Activity Category, HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports
must include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and
the report must be dated..
Instructions, Definitions & Acronyms [created 6/30/081 revised 915108 Page 2 of 5
QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Project Category [required): Enter "X" m the box that corresponds with the
funded project type.
Accomplishment Type I Measures [required): Enter Win the box that
corresponds with the funded project type.
Accomplishment Units Completed [required]: Indicate the number of persons
or households served and number that are low /mod income.
Performance Measurement & Accomplishment information (required)
(1) Indicate the total number benefiting from the activity.
(2) Indicate method used to count the number benefiting from the activity — by
Households served or Persons served.
(3) Of those assisted, responds to each inquiry —a through c— by providing the
number that benefited, and provide the total for ail.
Direct Benefit Information [required): Beneficiary information must be
provided in this section for activities having a national objective of LMC,
LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete
the Area Benetlt Information section. Provide information for actual number of
households or persons assisted, for this reporting period and the cumulative
total. Also, provide, requested information in the Income Category and Other
Beneficiary Data Sections,
Area Benefit Information [required): If applicable for funded activity.
.41<1w1<1w^lv,w^,<W1.Sw'11114 1i.6.161.6.61 C1 .6-W; I <1 .6 ^61 .6
Funding Sources i Leveraging of Funds (required]
HOME Funded Projects Only (required]: Enter Win the box that corresponds.with
the funded HOME tenure type, complete the corresponding Form, & attach it to the
report.
Project Type [required]: Enter °X" in the box that corresponds with the funded
project type.
Number of Units Completed [required]: Indicate total number of Rental Units,
Owner Units, or Homebuyer Households completed for the funded activity.
CDBG Muifi•Unit Activity, if applicable: Provide all requested information for both
charts in this section.
Displacement Information, if applicable: Provide all requested information in the
Chad.
Replacement Information, If applicable: Provide all requested information in the
chart.
Performance Measurement & Accomplishment Information [required), all
applicable sections must be completed
(1) Provide number of Affordable Units and respond to each inquiry — a through f—
by providing the requested information
(2) Provide number of Section 504 Accessible Units
(3) Provide number of units qualified as Energy Star
(4) Provide number of units brought up to HQS/Locaf Code (Rehab only)
(5) Provide number of units brought in compliance with lead safety (Rehab only)
(6) Provide number of units created through conversion of non - residential to
residential buildings (Rental Rehab only)
(7) Provide number of households previously living in subsidized. housing
(Acquisition /Construction New Homeowner only)
Direct Financial Assistance to Homebuyers, if applicable
(1) Provide number of first -time homebuyers and of those, indicate number that
received housing counseling
(2) Provide number receiving Down Payment Assistance /Closing Costs
Direct Beneficiary Information (required) — must be completed for the actual
number of households assisted, for this reporting period and the cumulative total.
Also, provide requested information in the Household Income Category and Other
Beneficlary Data Sections.
Funding Sources / Leveraging of Funds [required]
Project Type [required]: Enter "X" in the box that corresponds with the funded
project type.
Measures: Acquisition /Disposition and Clearance /Demolition activities only —
Enter Win the box that corresponds with the funded activity.
Accomplishment Units Completed [required): Indicate the number of units
completed [Structures, Parcels, or Facilities], number of persons served, and
number that are low /mod income
.61
Performance Measurement & Accomplishment Information [required]
(1) Enter total number benefiting from the activity for the program year.
(2) Indicate if the count is by Household or Persons.
(3) Of those assisted, respond to each inquiry — a through h — by providing the
number that benefited, and provide the total for each section.
Direct Benefit information [required): Beneficiary information must be provided in
this section for activities having a national objective of LMC, LMCMC, LMCSV,
LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit
Information section. Provide information for actual number of households or
persons assisted, for this reporting period and the cumulative total. Also, provide
requested information in the Income Category and Other Beneficiary Data
Sections:
Area Benefit Information [required]: If applicable for funded activity.
Funding Sources I Leveraging of Funds
Note: Jobs data should be prepared as accomplishments take place (as jobs are
created) or on a quarterly basis, at a minimum.
Job Creation and /or Job Retention Information [responses required for this
Accomplishment Type]
(1) Complete the Job Creation area if the activity is expected to create jobs;
otherwise, complete the Job Retention area if the activity is expected to retain
jobs.
(2) Indicate the number of jobs created or retained, as applicable, by job type for
this reporting period and the cumulative total.
(3) Direct Benefit Information — must be completed for the actual jobs created or
retained, as applicable, for this reporting period and the cumulative total.
Also, provide requested information in the Income Category and Other
Beneficiary Data Sections.
(4) Number of jobs created with employer sponsored health care benefits
(5) Number unemployed prior to taking job created
(6) Number of jobs retained with employer sponsored health care benefits
(7) Provide explanation if proposed goals are not met
- w5v,w`. -el w9i^C- C,- C,^6, -6.6. C, 14- 5.6.6 a9,-6 .'i-C. 1<1- C,.611.C,.61_1
Assistance to Businesses [responses required for this Accomplishment Type]
(1) Indicate total number of business assisted, of that amount indicate how many
are new businesses and the number of existing businesses
(2) Of the existing businesses, indicate how many were expanding businesses
and the number that were relocating
(3) Indicate the number of businesses assisted with fapade treatment or business
building rehab
(4) Indicate the number of businesses that provide goods or services to meet the
needs of a service area, etc.
(5) Provide the DUNS number for each business assisted [a requirement for any
business that receives Federal assistance]
1-.6 -6 .61 ." 11+�I-C,16 �116, .6 <1 - 6-C,-ms s- 6 -6.6 - c.61-C,.6141 >E-1 -6 �
Area Benefit Information [required]
Funding Sources / Leveraging of Funds [required]
Required Attachments must be provided, if applicable.
Instructions, Definitions &.Acronyms [created 6/30/081 revised 9/5108 Page 3 of 5.
ATTACHMENT QUARTERLY EXPE��DIT��RE�\NI}PR����RESS��EP0RT,
INSTRUCTIONS, DEFINITIONS &ACR0NYyN8
Area Benefit: Those activities having a national objective of LMA, LMAJI, and WASA. Beneficiary data is reported by Survey or Census data for the
percentage of low- and moderate-income persons in the service area. QDBG regulations specify that 51 percent of the residents of the service area must be
LIAL Examples of area benefit activities include street/sIdewalk improvements, water/sewer lines, neighborhood facilities, and fiagarle improvements in
neighborhood commercial districts.
Census Block; A geographic area bounded by visible and/or invisible features shown on a map prepared by the U.S. Census Bureau. A block is the
smallest geographic entity for which the Census Bureau tabulates decennial census data.
Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by
a local group of census data users or the geographic staff of a regional census center in accordance with Census Bureau guidelines.
CDBG National Objectives: The authorizing statute of the CDBG program requires that each activity funded except for program administration and
planning activities must meet one of three national objectives. All CDBG activities must achieve one or more of these national objectives.
• 8enwfitM low and moderate-income (LW|)yemono`
° Aid io the prevention or elimination of slums or blight, and
• Meet a need having a particular urgency (referred to as urgent need), e.g., existing conditions pose a serious and immediate threat to the health m
welfare of the community.
In addition, minimum d70%o/ the CD8G program. expenditures must meet (h LN|hm$( national objective.
Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFL or LMJP. Beneficiary data is reported by
the total number of persons or households benefifting from an activity.
DUNS Number. Data Universal Numbering System (DUNS) number is a requirement for any business that receives Federal assistance. If a business does
not have one, it should call the DUNS number request line at 1-866-705-5711 to obtain a number. The process is free and takes about ten minutes.
ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all save money and protect the environment through energy efficient
products and practices, HUD encourage� incorporation of ENERGY STAR qualified products and practices when conducting rehabilitation or constructing
new housing. Likewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator categories in the performance
measurement system.
Extremely im+|oovme Households with annual income less than 30%^f the area median income, uo established by HUD. The number o(household
members is used in the determination.
Ethnic Categories: HUD and grantees are required W treat eNoivityxsuseparate category. 'Hispanic nrLs\ioo" and "Not Hispanic or Not Latino" are
designated o, separate ethnicity categories.
* Hispanic ", Latino: k person.of Cuhnx.Mcxivan'PuertoKioao,8outhorCooknlkmori000'ornthorJpuoiohoo|turvoro8Vio.m8nd|0000fraco.
The term, 'Spanish vhgin." can he used ix addition to "Hispanic ^,La(Nv."
• Not Hispanic or Not Latino: A person not ofCuhpn,Mod000.Pued� Rican, South orCoot9|8medcon.o, other Spanish ou|N,00rorigin,
,ega�|omofmvm'
Family: All persons living in the same household who are related hy birth, marriage,
Household: All persons occupying the same housing unit. The occupants may kou single family, one person living alone, two o' more hm|(ieoliving
together, or any group of related or unrelated persons who share living arrangements.
Housing Quality Standards (HQS): FOS are set acceptable conditions for interior living space, building exterior, heating and plumbing systems, and
general health and safety. The purpose of HQS is to determine whether a housing unit is decent, safe and sanitary.
Income: (1) Annual income as,deflned under Section 8; (2) Annual income as reported under the Census long form; or (3) Adjusted gross income as defined
by the IRS Form 1040.
Low Mod Job Creation or Retention (LMJ): An activity designed to meet the National Objective of creating or retaining permanent jobs, at least 70 percent
of which (computed on a full7time equivalent basis) will be made available to or held by LMI persons.
Low Mod Limited Clientele (",^,): An ucu"/w"wo"o out to meet the National Objective of benefit to vv. persons. Activities under the ",." category must
.
meet one W the following oriftorio:
• Benefit clientele that is generally presumed to be principally LMI (abused children,. battered spouses, elderly persons, severely disabled adults,
homeless persons, illiterate udu|*. persons living With AIDS and migrant farm workam);or
• Require documentation on family size and income in order to show that at least 70 percent of the clientele are LM);or
* Have income eligibility requirements limiting the activity toLN| persons only; v,
•8eo/ such uneNmamdio such a location that it can t* concluded that clients are primarily UWL
Low Mod Income Area Benefit IL Ao activity carried out |o meet the National Objective vf benefit b{mi persons that h^oofihall residents ioo
particular target area, where a\least 61 percent vf the residents are LMipersons.
Low and Moderate Income (iM|): Low and moderate income means family vr household annual income less than the Section 8 Low Income Limit,
generally x0 percent of the area median income, os established byHUD.
Low-income Household/Family: A household/family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median
income) ao established kyHUD.
Low Income: Households with annual income less than 50% of the area median income, as established by HUD,
Low Mod Housing (iMH): An activity carried out {o meet the National Objective of benefit toLM|pon000/hvooekoWs'o4,' acquisition, construction, or
improvement of permanent, residential structures which, upon completion, will be cvuyidhyLM|households.
Matrix Codes: The matrix code indicates how the activity is eligible under CDBG regulations, it generally identifies the purpose hvakhuoxistanv^wao
provided, and determines the type of accomplishment units that should be reported.
Microenterprise: A business that has five or fewer employees, one or more of whom owns the enterprise.
Moderate-Income HvuvohvN/F°mi|y:Ahmosehu|��mi|y having uo income equal hvr less than the 8ocUoo8 Low Income limit (00�uofamumedian
income) ovtoWioh^dhyH�D. but greater than the Section 8 Very Low Income limit (5V%vf area median income) established hyHUD.
revised 9/5/08 Pu0v4o��
Instructions, Definitions & Acwnymo�/miodN3N0�
QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Objectives: The objectives capture the range of community impacts that are expected to occur as a result of program activities. There are three possible
objectives for each activity: 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities.
Outcomes: The program outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of
the activity. There are three possible outcomes: 1) Availability/Accessibility, 2) Affordability, and 3) Sustainability.
Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit
may be sold without penalty to the homeowner,
Program Income: Any gross income received by the sub recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)).
Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial
demographics of the individuals and /or the communities they serve, or are proposing to serve.
1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America),
and who maintains tribal affiliation or community attachment.
2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example,
Cambodia, China, India, Japan,, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or Negro" can be used in
addition to "Black or African American."
4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
5. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa,
6. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above.
7. Asian & White. A person having these multiple race heritages as defined above.
& Black or African American & White. A person having these multiple race heritages as defined above.
9. American Indian or Alaska Native & Black or African American. A person having these mullipfe race heritages as defined above.
10. Other Multi-Racial. A person reporting multi -race heritages not included in any of the other nine categories listed above, and that have a total count
that exceeds one percent of the, population served.
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. It imposes
requirements to ensure that 'qualified individuals with handicaps" have access to programs and activities that receive Federal funds. Minimum requirements
include, but are not limited to: 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative
Requirements.
Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist
the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job - training
program. Sub recipients are also referred to as sub grantees.
Survey: The survey instrument and methodology must be approved by HUD for the purpose of establishing the percentage of LMI persons in a service area.
A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance
is available in CPD Notice 05 -06.
Instructions, Definitions & Acronyms [created 6130/081 revised 915108 Page 5 of 5
ATTACHMENT D
MIAMI -DADE
OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to
foster the implementation of environmentally compatible activities. As a grant or loan recipient,
Miami -Dade County will not fund projects that will negatively impact clients, communities, or
the environment.
Part I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
❑ CDBG
❑ HOMELESS (SRO /SHP)
2. Indicate Fiscal Year: FY 20
3. Name of Subrecipient/Agency:
4. Name of Proposed Activity:
❑ HOME ❑ HOPE VI
❑ EDI ❑ BEDI
5. Location Address with City, ST and Zip of Activit or Pro ect:
6. Site Folio Number(s);
7. Commission District(s):
R (Bract Cnntact informatinn of loan/arant recipient:
Name:
Address:
City:
State:
Zip;
Phone:
I Fax:
Form Revised 10112107
9. Detailed description of activity or project:
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
11. What is the status of activity or project? For example, Pre - Development Phase,
Rehab /Construction Underway, Rehab /Construction Completed, etc.
Part II. PROJECT OUTCOME
Will the activity or p ro'ect result in the followin ?
YES
NO
1. Change in use
2. Sub - surface alteration (Le. excavations)
3. New construction
4. Renovation or demolition
5. Site improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, drives, etc.
6. Building improvements (windows, doors, etc.)
7. Displacement of persons, households or business
8. Increase in population working or living on site
9. Land acquisition
10. Activity in 100 -year floodplain
11. A new nonresidential use generating at least 1,375,000 gallons of
water or 687,500 gallms of sewa e er da .
12. Use requiring operating permit (i.e. for hazardous waste,
pretreatment of sewage, etc.
13. A sanitary landfill or hazardous waste disposal site
14. Tree removal or relocation
15. Street improvements
16. The impounding of'more than 10 acre feet of water (e.g. digging a
lake or divertin or dee enin of a bod of water.
Part Ill. SITE SPECIFIC INFORMATION
1, Land Use:
Describe the existing and proposed land use:
Existing?
Proposed?
2. Site Plan:
Does the proposed activity include a new structure(s) or site improvements on a site of one (1)
acre or more? ❑ YES ❑ NO
If yes a site plan must be provided Project(s) will not be environmentally reviewed without a
site plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
❑ YES ❑ N0
If yes, photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
information:
Existing structure(s) on site? ❑ YES ❑ NO
Estimated age of structure(s)?
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
❑ YES ❑ NO
3
If yes, what is the estimated cost of rehabilitation or renovation?
What is the amount sought for funding?
In addition, indicate if the estimated value of the improvement represents:
❑ 0 to 39.9 percent of the market value of the structure(s)
❑ 40 to 49.9 percent of the market value of the structure(s)
❑ 50 to 74.9 percent of the market value of the structure(s)
❑ 75 percent or more of the market value of the structure(s)
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
❑ YES ❑ NO
If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hazardous facilities, solid waste /landfill facilities and
underground storage tanks (available through the Department of Environmental Regulations
and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S.
Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed? ❑ YES ❑ NO
6. Environmental Health Information:
If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
❑ YES ❑ NO
If yes, please submit the results.
Have any child under the age of seven at the site been tested for elevated levels of lead in the
body?
❑ YES ❑ NO
If yes, please submit the results.
4
7. Other Site Information:
Part IV, SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
For all projects: Submit street/plat maps that depict location of property in the County and /or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget
describing the major components of the rehabilitation program planned, and a photograph of the
property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. 1 understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I clearly
understand that any omitted and /or incorrect information will delay the initiation of the
environmental review process by the OCED staff. As such, I am aware that omitted information
could delay the commencement of my organization's project. I understand all approved
environmental reviews are valid for one (1) year maximum.
Print Name
Name of Organization or Corporation
Signature
Unless otherwise indicated, return completed form and attachments to:
Community and Economic Development Division Director
Office of Community and Economic Development
701 NW 1st Court -14th Floor
Miami, Florida 33136
Date
YES
NO
1. Flood insurance required?
2. Public water available on site?
3. Public sewer available on site?
4. Children under 7 years of age residing on
site or relocating to site (including day care facility)?
5. Hazardous waste disposal facility?
6. Storage of hazardous materials on site?
7. Abandoned structures on site?
Part IV, SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
For all projects: Submit street/plat maps that depict location of property in the County and /or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget
describing the major components of the rehabilitation program planned, and a photograph of the
property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. 1 understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I clearly
understand that any omitted and /or incorrect information will delay the initiation of the
environmental review process by the OCED staff. As such, I am aware that omitted information
could delay the commencement of my organization's project. I understand all approved
environmental reviews are valid for one (1) year maximum.
Print Name
Name of Organization or Corporation
Signature
Unless otherwise indicated, return completed form and attachments to:
Community and Economic Development Division Director
Office of Community and Economic Development
701 NW 1st Court -14th Floor
Miami, Florida 33136
Date
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity
EXEMPT*
CENST**
CEST * **
EA * * **
Economic Development
Notice /No
Notice /No
RROF (No Statutory
FONSI and
New Construction
RROF
RROF
Requirement Triggered)
X
Rehab
X'
Xz
Non-Construction/Expansion
X
Publish NOI /RROF
Housing
(Statutory Requirement
Single Family Rehab
X
Multi - Family Rehab
X1
X2
New Construction
X
Homeownership Assistance
X
Affordable Housing Pre -Dev.
X
Capital Improvement
Handicapped Access
X
Public Facilities
X'
Xz
Infrastructure
X1
Xz
Public Services
Employment
X
Crime Prevention
X
Child Care
X
Youth or Senior Services
X
Supportive Services
X
Type of Publication
No Public
No Public
No Public Notice /No
Publish
Tri ered Statutes
Notice /No
Notice /No
RROF (No Statutory
FONSI and
RROF
RROF
Requirement Triggered)
NOI /RROF
Or
Publish NOI /RROF
(Statutory Requirement
Triggered)
Estimated Time Frame (Excluding
30 -45 Days
30-45 Days
I
45 -90 Days
90 Days
Tri ered Statutes
I
Minimum
X1 If for continued use and change in density (or size) of less than 20%
Xz Change in density (or size) of more than 20%
Exempt Exempt Activities
CENST Categorically Excluded and Not Subject to 58.5
* CEST Categorically Excluded Subject to 58.5
" * ** EA Environmental Assessment (Format II)
ATTACHMENT E
TION 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 making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any 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 malting 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 $100,000 for
each such failure.
By: LOU t t f lx LO
,(i,� ,� � // (Signature fAu horized Repres ntative)) p /
Print: �,r I 55L+t�s1�h iA�l �1� . t4 j►1 �1�. et-6c",
�e (Print Name of Firm and Authoriz d Representative)
Title: a �yMab "g, '
H"
Date: "' t D�t UC l
- Wity 00"stouctiofl, 819-11,
Carlos Ajv#C'Z.
Mayor
jos4 'PC b
V170d. QZViAz
'61
BarljarA J, Jordan'
Dill'itt I
Doran b: Rollo
Aadrq M. edt)lo
Dis
salty' A, Heyman
D'$
W(4fw A, ParrolrQ
b
Carlos A,
Katy.;
400 A, rYI - krtfnez
114rV
Clock ofCiriiria
Oovroo Nf'.Aur*�5 f
COaify Whdow'
ROPAtt A.Pp4vad, dra
I I OowiiyAubr ay
INNIN
MiAMIOADVa RON
t4r.,
l��)PRNIA 0
'6'V4tV wmm iann if'iw o 4:eh cz'a&�
sifn) is
This Form to be Faxed to: 305-375-1125
Attention; Michael 0, Smart
ATTACHMENT F
QU44'"' Ry V-fiolj'ea
qv.❑j New sign
A- Fbxfte- 8; b P8.
SfOd Car 0 A-Fiamp.2 $jqOq
E=I
VrAget Mail mr
Tel O§hjd tiO NQ �' ible, r
N.11mbop
DIS01.0 COMMiuSloner
other Fwn'N�kl4 logos (Max 3)
sig"'location address
Plus, SPeci•ic l0cat"On Of Sign placement