11CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
2001
-----------
TO:
FROM:
DATE:
SUBJEcr:
BACKGROUND:
GRANTOR:
The Honorable Mayor & Members of the Cit Commission
Hector Mirabile, Ph.D., City Manager I
December 20, 20 II Agenda Item No.: / I
A resolution authorizing the City Manager· to amend the fiscal year 2009
Community Development Block Grant agreement with Miami-Dade County's
Department of Public Housing and Community Development (PHCD) to
extend the expiration date from December 31, 20 I I to September 30, 2012
for the SW 66th Street Improvements Project -Phase II in the amount of
$395,000.
Miami-Dade County Public Housing and Community Development (PH CD)
awarded the City of South Miami the SW 66th Street Improvement Project -
Phase II with an expiration date of December 31, 20 lOin the amount of
$395,000. It was necessary to extend the grant agreement to December 31,
20 I I in an effort to resolve right of way and property right issues that
emerged following the completion of the construction design dr<\wings for the
project. Another extension was requested due to the difficulty in obtaining
drainage structures for the project. The City of South Miami has been
approved for an additional contract extension for 9-month in the form of a
grant agreement amendment with Miami-Dade County's Department of Public
Housing and Community Development for the SW 66th Street Improvements
Project -Phase II. The agreement will provide funding for drainage
improvements, upgrading of sidewalks, roadway improvements, ADA
compliant curbs and ramps on SW 66th Street.
Miami-Dade County Public Housing and Community Development (PHCD)
formerly known as Miami-Dade County Department of Housing· and
Community Development (DHCD)
GRANT AMOUNT: $395,000
GRANT PERIOD: January I, 2009 through December 3 I, 20 I I
ATTACHMENTS: Amendment Two to the FY 2009 Community Development Block Gra,nt
Governmental Contract between Miami-Dade County and City of South
Miami for the SW 66th Street Improvements -Phase II
Amendment One to the FY 2009 Community Development Block Grant
Governmental Contract between Miami-Dade County and City of South
Miami for the SW 66th Street Improvements -Phase II
FY 2009 Community Development Block Grant Governmental Contract
between Miami-Dade County and City of South Miami for the SW 66th Street
Improvements -Phase II
1 RESOLUTION NO.
2
3 A resolution authorizing the City Manager to amend the fiscal year 2009
4 Commnnity Devdopment Block Grant agreement with Miami-Dade County's
5 Depal·tment of Public Housing and Community Development (J>HCD) to extend the
6 expiration date from December 31, 2011 to September 30, 2012 for the SW 66'h
7 Street Improvements Project -Phase II in the amount of $395,000.
8
9 WHEREAS, the City of South Miami was awarded a grant for SW 66th Street
10 Improvements Project Phase II from Miami-Dade County's Department of Public Housing and
11 Commllnity Development with a contract expiration date of December 31, 2010; and
12
13 WHEREAS, it was necessary to extend the grant agreement to December 31, 2011 in all
14 effort to resolve right of way and property right issues that emerged following the completion of
15 the construction design drawings for the project; and
16
17 WHEREAS, the City of South Miami has been approved for an additional contract
18 extension for 9-month in the form of a grant agreement amendment with Miami-Dade County's
19 Department of Public I-lousing and Community Development for the SW 66th Street
20 fmprovements Project --Phase II; and
21
22 WHEREAS, the Mayor and City Commission wish to accept the grant agreement
23 amendment with Miami-Dade County's Department of Public Housing and Community
24 Development; and
25
26 WHEREAS, the Mayor and City Commission authorize the City Manager to amend the
27 agreement with Miami-Dade County's Department of Public Housing and Community
28 Development to extend the expiration date from December 31, 2011 to September 30, 2012 of
29 the grant agreement amendment for the SW 66th Street Improvements Project -Phase II.
30
31
32 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OJi' SOUTH MIAMI, FLORIDA THAT:
34
35 §.@ction 1: The City Manager is hereby authorized to amend the grant agreement
36 amendment with Miami-Dade County's Department of Public Housing and Community
37 Development to extend the expiration date from December 31, 2011 to September 30, 2012 for
38 the SW 66th Street Improvements Project -Phase II.
39
40
41 Section 2: This resolution shall be effective immediately after the adoption hereof.
42
43
44
1
2
3
4
5
6
7
8
9
10
I 1
12
13
14
15
16
PASSED AND ADOPTED this __ .' day of ____ , 2011.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTroN THEREOF:
CITY ATTORNEY
2
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
CDflG 2009
Municipality
AMENDMENT TWO TO THE
FY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONiRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
The contract entered into between Miami-Dade County, a political subdivision of the State of
Florida, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to
as the "Awardee" executed on March 24th , 2009, is amended as follows:
1. The Contract is hereby amended to delete all references to "Office of Community and
t:conomlc Developrr\ent" or "aCED" and replace it with the said references of the "Public
Housing and Community Development" or "PHCD".
2. Page 2, Section II (B) is amended to read as follows:
Certificate of Continuity
The Awardee sl)all be responsible for ensuring that the insurance certificates required in
conjunction with this subsection remain in force for the duration of the Agreement period,
including any and all option years, if applicable. The Awardee must have the coverage cHed
in the new Attachment B-1(B) of the agreement at the beginning of the contract. 11 the
insurance certificates are scheduled to expire during the Agreement period, the AwardE~e
shall be responsible for submitting new or renewed insurance certificates to the County at a
minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that
cover the Agreement period, the County shall suspend the Agreement until the new or
renewed certificates are received by the County in the manner prescribed in the
requirements; provided, however, that this suspended period does not exceed thirty (30)
days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of
the Agreement by the County and commencement of the contracted services, the Awardee
shall obtain all insurance required under this Section and submit saine to the County for
approval. All insurance shall be maintained throughout the term of the Agreement.
3. Page 4, Section II (F)( 1). is amended to read as follows:
Certificates of Insurance ..
The original to be received by PHCD within the first month of this Agreement period, and
submitted with each payment request, including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of this
agreement.
Government entity shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, loses or damages,
including attorney's 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
Page 1 of 3
CDI3G 2009
MUjlicipality
resulting from the performance of this Agreement by the Government entity or its
employees, agents, servants, partners principals or subcontractors. Government entity
shall pay all claims and losses in connection therewith and shall investigates 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. Government entity expressly understands and
agrees that any insurance protection required by this Agreement or otherwise provided
by Government entity shall in no way limit the responsibility to indemnify, keep and save
harmless and deFend the County or its officers, employees, agents and instrumentalities
as herein as herein provided.
4. Attachment B-1 is amended in its entirety and replaced with the new Attachment B-1(8).
5. Page 24, Section IV (A)( 2), first sentence is amended to read as follow:
This Agreement shall expire on Septembar 30, 2912.
6. AttachmentA-1 is amended as indicated inA-i.
The effective date for this amendment is December 31, 2011.
All references in the Contract to the expiration date shall now read the expiration date of
September 30, 2012.
Except for any changes enumerated above, all provisions of the Agreement shall remain in full
force and effect,
This Amendment and all its attachments are hereby made a part of the Agreement.
Page 2 of 3
CDBG2009
Municipality
AWARDEE:
City of South Miami
BY:
NAME: Hey tor Mirabile, Ph.D.
TITLE:.9!Y Ma~flSlc:..r __ . ___ _
DATE: -------
BY:
NAME: ---.-------
TITLE:
DATE:
WilnEissEis:
BY: ---------(Signature)
Type or Print Name
FederallD
Number: 59-6000431
Resolution #: R-1127 -08
IndeX Code: CD535C09CI
MIAMI-DADE COUNTY
BY:
NAME: Carlos A. Gimenez ::.;.;;.=----
TITLE: Mayor
ATTEST
BY:
TITLE:
Contractor's Fiscal Year Ending Pate: SeptemberJOIh _._
CORPORATE SEAL:
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 3 013
Statement.
Sy-Laws, !RS seo, Certfficate of GoO<:! Standing, Tax Exemption
JANUARY 1, 2009 THRU SEPTEMBER 30, 201.2
-P.rge -; Q'';
City-of South Mlam!
SW 66th Street Improvements ~ Phase II
CDBG 2009
;~tiSI~~I~:~:~~
S490,000 00
t?[:8d.':' ~f~:;:#&¥i]
People
Attachment A-1
ik""",!,~ii,}:~5tfi-:";;~:Jg,
:"V ;:,j(
Contractor
HUD4(10)
In Construction Contracts
-/ Affirmative Ac~on Program
HUO Act of 1S68)
Suspensitcn, l!'lel!gibility and Vaoluntal)' ~clusion -Lower Tier
(EEO) Clause for Contractors Not Subject to executive Order (;;:CO
ISQuai Opportunity for Spec1al Oiabled Veterans and Veterans of the Vletnam Era
. Equal Opportl.'<lity for Work.grs with Diabi!il!es
of Requlrementmr affilmaUve Action to Ensure Equal Employment Opportunity (ECO-11246)
Employment Opportunity (EEO) Clause for Contractors Subject to~xecu~ve Oreer (ECO 11246)
1 Cerlmca!icn of Ne.'lsegregated Facillties
\0 Prospect:ve Sulr..ontractors ofRequirments for Certification of Nor.segregat~d Fad,ctfes
.. _____ of Req::irement -Clean Water, Clean Air, EO 11738 and EPA RegulatiOl'lS Provision
cerJffcatlon oi Compilar.ce wit1 Fe':le!<'ll Regu!atictl$
Cectifl.'::at~o" Regardlng-Deba~ment, -Supenston, and OtherResponslbility Matters (Dlmt
JANUARY 1, 2009 TKRU-sEPTE..fI,16ER 30, 20'12
101112011
101112011
10/112011
1011f2011
101112011
10/112011
10/1f2011
~OnJ20~1
1011i2011
10/112011
lO/1/201l
101112011
101112011
1011/2011
10/1120t1
1011/2011
101112011
10/112011
tOll/l01l
1011/2011
10/1/2011
10/i!20H
11/3012011
11/3012011
1113012011
11fJOJ2011
11f30J2011
1113012011
1113Cll'2011
11ieol201l
1113012011
i1l3012011
11/30/2011
Page 2 of 4
City-of South Miaml
SW 66th Street Improvements· Phase!!
COaGz","C9
ifl'j;I(fll;~~qepI®i
S95,OOO.00
"'~~~t1{%~~~f£f§@
People
Attachment A-1-
JANUARY 1, 2009 THRU SEPTEMBER 30, 2012
')'~~J.I.,-,
Page30fJ
elly of SoU'.h, Miam'l
sw 66th Street improvements· Phase a
C08G 200S
;t~?J~:Y,:$~"ft~&
$95,000.00
S7S~,.99S'BO
-t;;·22:'·· !f<f;':,9,SZ.:
Pecple
Attao::hment A·1
JANUARY t, 2009 THRU SE;>TEMBER 30, 2012
Pago4of 4
City of SO\J!ll Mi;;mi
sw $6(.', Street Improvements • Phase II
C08G20JJ9
~{Z?~F~5iuwIQ6,i
$95.000.00
, 'C,~::(.;~~!.~t:i.9~;
People
Attachment A.1
·-"M·,1'!'i,._, !4k
'-',r
ATTACHMENT B-l(B)
INDEMNIFICATION AND INSURANCE REQUIREMENTS
GoVeI1lI\1en( entity shall indemnifY and hold harmless· the County and its officers, employees, agents and
instrumentalities fi'om any and all liability, losses or damages, including attomey's 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 auy kind or nature arisiug out of, relating to or resulting
from the perfornlance of this Agreement by the Government entity or its .employees, agents, servants,
partners princlpals or subcontractors. Governmeut entity shall pay al1 claims and losses in connection
therewith and shall investigates and defend all claims, suits or actions of any kind or ualme in the name of
the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
ilttorney's fees which may issue thereon. Govemment entity expressly nnderstands and agrees that any
insnrailce protection required by this Agreement or otherwise provided by Government entity shall in no way
limit tile responsibiliiy to indemnify, keep and save harfhless and defend the Connty or its officers,
. employees, agents and instrumentalities as herein as herein pl'ovided.
RESOLUTION NO.: 06-11·13320
A Resolution of the Mayor and City Commission of tbe City of South Miami,
Florida, authorizing the City Manager to amend the agreement with Miami·Dade
County's Department of Housing and Community Development (DHeD) to extend
the expiration date from December 31,2010 to December 31, 2011 of the fiscal year
2009 gl'ant agreement amendment for the SW 66'h Street Improvemcnts Projcct •.
Phase n and providing all effective date.
WHEREAS, the City of South Miami was awarded a grant for SW 66th Street Improvements
Project -.Phase II from Miami-Dade County's Department ofl-Iousing and Community Development with
a contract expiration date of December 31, 2010; and
WHEREAS, it is necessary to extend the grant agreement in an effOlt to resolve right of way and
property tight issues that emerged following the completion of the construction design drawings for the
project\ and
WHEREAS, the City of South Miami has been approved for a I-year contract extension in the
form of a grant agreement amendment with Miami-Dade County's Department of Housing and
Community Development for the SW 66'h Street Improvements Project -Phase II; and
WHt!:REAS, the Mayor and City Commission wish to accept the grant agreement amendment
with Miami-Dade County's Department off-lousing and Community Development; and
WllEREAS, the Mayor and City Comluission authorize the City Manager to amend the
agreement with Miami-Dade County's Department of Housing and Community Development to extend
the expiration date from Decemher 31, 2010 to December 31,2011 of the grant agreement amendment for
the SW 66'h Street Improvements Project -Phase II.
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 of the City of South Miami shall give authorization
to the City Manager to amend the grant agreement amendment with Miami-Dade County's Department of
Housing and Community Development to extend the expiration date from December 31, 2010 to
December 31, 2011 for the SW 66'h Street Improvements Project -Phase n.
Section 2: This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 1~, day of January, 2011.
ATTEST: APPROVED:
Page 1 of2
Res. No. 06-11-13320
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
~,.-/, -'\1. ,--
W:\My Documc:nts\resollltions\Rcso1utIon DHCD SW 66th Street (2).doc
Page 2 of2
Commission Vote: 5 -0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley; Yea
Commissioner Harris: Yea
AMENDMENT ONE TO THE FY 2009 COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
SW 66"' Street Improvements -Phase II
January 1, 2009 -December 31, 2011
'This contract 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
Ililareh 24 th , 2009, is amended as follows:
Paragraph 'N.
The Awardee and bHCD Agree:
A. t:ffective Date
1. This contract began 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 now expire on December 31. 21)1;t.Any
costs incurred by the Awardee beyond this date will not be
reimbursed by the County. The term of this a9reement 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 contract may, at the sole and absolute discretion of the
County and DHCD, remain in effect during any period that the
Awardee has control over contract funds, including Program
Income. However, the County shall have no obligation or
responsibility to make any payment, except those described within
Section II, Paragraph Y, or provide any type of assistance or
support to the Awardee if this contract has expired or been
terminated.
B. Attachment A is amended as indicated in Attachment A.
C. Attachment A1 is amended as indicated In Attachment A1.
D. Attachment B is amended as indicated in Attachment B.
The effective date for this amendment is December 31, 2010.
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.
1
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY: BY: ~~~_I -
Rowena Cra:.:.;M"'oo:.rd"--___ ~_~. NAME: NAME:
TITLE: _9!'i.,-,M~an""a""ge,"-r ____ _ IDLE: Assistant D:.;..lre""ct:.:;oo,,--r_-c--
DATE: pt I-=-(!)=IP-L'-".:a:..::.o-..:.\\'--___ _ DATE: __ 2_,_11 __ _
Witness:
BYI~~~~~ ::e?;fgrKJH~eM. Menefldet .
Type Or Print Name
FederalID
Number: -'5""9-'-6~0""00"-4."'3""_1 ___ _
Index Code: CD535CO,-"'9""'C1'--__ _
Contractor's Fiscal Year Ending Date: September 30th
CORPORATE SEAL:
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
2
ATTACHMENT A
DEPARTMENT OF HODSL"!G AND COMMUNITY DEVELOPMENT
City of South Miami
FY2009
Scope of Services
January 1, 2009 -December 31, 2011
1. • ACTIVITY TITLE:
IDiS #:
INDEX CODE:
RESOLUTION #:
DUNS#:
ACTIVITY #
2. • ACTIVITY DESCRIPTION:
3.
2a -Activity Category:
2b. -Objective:
2c, -Outcome:
• APPROVED BY BCC:
Other Funding Source and Amount!
4. -TOTAL PROJECT COST:
s. .lTIJJ) INFORMA nON:
6.
7.
8.
9.
Sa. -HUD matrix code:
5b. -BUD Activity Type:
5c. -Eligibility
• ACCOMPLISHMENTS:
60. -Number of Units:
6b.-Type:
• NATIONAL OBJECTIVE:
Total # of LowfMod in Service Area:
Census Tract:
Block GroUJ':
• ACTIVITY ADDRESS:
· LOCATION:
NRSA:
District:
W. • LABOR STANDARD applicable
Type of Worle o Building 0 Residential
S.W. 66" Street Improvements -Phasen
4800
CD535C09CI
R·1127-08
024628976
20051346
Street Improvement on SW 66th St from SW 59 Plio SW 61 Ct. Project
consists of reconstruction &, upgrading of sidewalk (widening), r-oadway
resurfacing, en'lumced street lighting, brick paved inter.sections &
landscaping associated with irrigation system~
Capital Improvement
Suitable Living Environment
Sustainability
Amount: $395,1100 Source: CDBG FY: 2009
Soutb Miami CRA .$95,000
$490,000
03K
Street Improvements
570.201(c)
952
People
570.208(.)(1) LMA
76.03
03
SW 66" Street (from 59" Place to SW 61" Court)
Soutb Miami, Florida 33143
South Miami
07
o Highway o Heavy
11. Set aside units different from total units
COMMENTS:
» PROJECT MANAGER; Letitia S. Goodson PLANNER:
AGENCY NAME
AOTMTY
FUNDING SOURCE
AMOUNT:
TOTAL ACTtV!TIY COSTS:
TOTAlAVAILAaLE FUNDING (Matching by City)
PR(j~O$ED ACCOMpliSHMENT UNITS;
ACCOMPLISHMENT UNITS:
TYPE:
APPROVED
CITY OF SOUTH MIAMI
SW S6th Street Improvements ~ Phase II
CDBG2009
$395,000
$490,000
:;;95,000
People
952
People
OF IPROJECTED
PAYMENT LEVEL
ATTACHMENT ~A*1~
ACTUAL QUARTERLY ACGOMPUSI;Mt:NTS
CUMULATIVE CUMULATIVE
AGENCY NAME
ACTtvllY
FUNDING SOURCE
AMOUNT;
TOTAL ACTIVITIY COSTS:
TotAL AVAILABLE FUNDING (Matchfng by City)
PROPOSED ACCOMPL1SHMENT UNITS:
ACCOMPL1SHMENT UN!TS:
TYPE:
CONTRACT WITH
CONTRACTOR (DHeD APPROVAL REQUIRED)
SUBMITTAL
APPROVED
CITY OF SOUTH MIAMI
SW 66th Street Imprl)vements -Phase II
CDBG2009
$395,000
$4$0,000
$95,000
People
952
People
OF
JSERVlCE UNITS
ATTACHMENT "A-1 "
!SERVICE UNITS
(2.011)
AGENCYNA,ME
ACTM1Y
FUNDING SOURCE
M10UNT:
TOTAl.. ACTIVl1W cosrs:
TOTAL AVAILABLE FUNDING (Matching i:>yClty)
PROPOSED ACCOMPUSHMENT UNITS:
ACCOMPU$HMENT UNITS:
1YPE:
!liNCWD£ WDRK SCHEDULE AND
MANAGEiMENT AND
COMPLIANCE. MONTHLY
APPROVED
CITY OF SOUTH M!M.11
SW 66th Street Improvements -Phase n
CD8G2009
$395,000
$4$0,000
$95,000
People
952
People
OF
UNITS IPROJECTED
PAYMENT LEVEL
ATTACHMENT "A-1"
OF
CATEGORIES
I. Personnel
II.Contractual Services
III.Operating Services
IV. Capital Outlay
TOTAL BUDGET
SOURCES OF OTHER
FUNDING
eRA
ATTACHMENT B
CITY OF SOUTH MIAMI
SW 66th Street Phase 11 Improvements
CDBG
FY2009
SUMMARY BUDGET
JANUAR.Y 1, 2009-DECEMBER 31, 2011
PRIOR YEAR FY2009 NON-DHCD
FUNDING FUNDING FUNDING TOTAL
$12,500 $12,500 $() $25,000
$47,500 $50,000 $0 $97,500
$0 $0 $0 $0
$240,000 $332,500 $95,000 $667,500
$300,000 $395,000 $95,000 $790,000
TOTAL AMOUNT
$95,000
4010 PERSONNEL· Employee
Hegular. Salaries
Engineer
Accounting Supervisor
Grants Administrator
Sub·Tota! Salaries
4010 Fringe Benefits
FICA (salaryX7.65%)
Sub· Total Fringe
Total Personnel
D1' Au<
)1: I Audit
CITY OF SOUTH MIAMI, INC
CDBGFY2009
SW 66th Street Phase II IMPROVEMENTS
DETAIL BUDGET
January 1, 2009 thru December 31,2011
DHCD
PP Non·DHCD FY2009
CD535C09CI
$ · $ 5,000,00
$ · $ 500.00
$ · $ 6,000.00
$ · $ 11,500,00
$ · $ 1,000.00
.$ · $ 1,000.QO
$ · $ 12,500.00
· ·
· ·
)31 Jther: . Svc Const Mgmt -
21030 )ther j I Svc --
r-: ~ ~ollled Water · · o ~ent Copier · ·
!5511 I Rental --
Total ·
Operating Expenses
31011 Telephone Regular $ -$ ·
31011 Telephone Long Distance $ -$ ·
31610 Postage $ -$ ·
31420 Advertising Radio $ -$ ·
Total Operating Expenses $ · $ ·
Commodities
31510 Outside Printing $ · $ ·
95020 Computer Purchase $ · $ -
47010 Office Supplies! Outside Vendors $ · $ ·
Total Commodities $ · $ -
Capital Outlay
90 Construction $ 95,000.00 $ 332,500.00
In/rastructure Improvements $ · $ ·
Total Capital Outlay $ 95,000.00 $ 332,500.00
ATTACHMENT B
TotalDHCD Total All Sources
$ 5,000.00 $ 5,000,00
$ 500.00 $ 500.00
$ 6,000.00 $ 6,000,00
$ 11,500.00 $ 11,500.00
.
$ 1,000.00 $ 1,000.00
$ 1,000.00 $ 1,000.00
$ 12,500.00 $ 12,500.00
· ·
· -
0
--
· ·
· -
-·
$ -$ ·
$ -$ -
$ -$ -
$ -$ ·
$ · $ ·
$ -$ -
$ · $ ·
$ -$ -
$ · $ ·
$ 332,500.00 $ 427,500.00
$ · $ ·
$ 332,500.00 $ 427,500.00
!TOTAL BUDGET I $ 95,000.00 ! $ 395,000.00 ! $ 395,000.00 I $ 490,000.00 I
SOURCES OF OTHER
FUNDING
CRA
TOTAL AMOUNT
$95,000
17
RESOLUTION NO.: 50-09~12859
A RESOLUTION OF THE MAYOR AND Cln' 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 I=CONOMIC
DeVELOPMENT (OCED) FOR S.W. 66 TH STREET IMPROVEMENTS PHASE II IN THE AMOUNT OF
$395,000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the CIty of South Miami has been awarded a grant for S.w. 66 th Street
hnprovemenh'l Phase 1/ in the amount of $395,000.00 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 exeoute the grant
agreem1lnt with Miami-Dade County Office of Community and Economic Development for S.w. 661h
Street Improvements Phase II In the amount of $395,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION Of: THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
jection 1: The Mayor and City CommissIon authorize the Cily Managerto execute the grallt
agreement with Miami-Dade County!s Office of Community and Economic Development for S. W. 66 th
Stree! Improvements Phase II in the amount of $395,000.00.
flection 2: The attached exhibit is incorporated by reference into this resolution.
PASSED AND ADOPTED this P1 14 day of ?n~ , 2009.
ATTEST:
~~a_~
READ AND APPROVED AS TO FORM:
Include File Name and Path
COMMISSION VOTE:
Mayor Feliu:
. Vice Mayor Beasley:
Commissioner Newman:
Commissioner Palmer
Commissioner Beckman:
4-0
Yea
Yea
Yea
absent
Yea
,. CDflO FY 2009
Municipality
FYlW09 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND THE
CITY OF SOUTH MIAMI
This contract is cntered into between Miami-Dade County, hereinafter referred to as the "County"
and the Oity of South Miami, A municipal government organized under the laws of the State of
Florida hereinafter referred to as the "Awardee".
Tho parties agree:
I. Definitions
OCED
24 CFR Part 570 -CDBG
Low-and Moderate-Income
person
Contract Records
Federal Award
Awardee
Subcontractor
Subcontract
Office of Community and Economic Development or Its
successor Department
Federal regulations implementing Title I Of the Housing
and Community Development Act of 1974, as amended -
Community Development Block Grant
A member of low-and moderate-income family i.e., a
family whose income is within specified income iimlts set
forth by U.S. HUD.
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, eleotronic tapes, computer drives
and diskettes or surveys.
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.
Recipient of CDBG funds from Miami-Dade County
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
the Awardee
1
S. W. 66 th Street Improvements -Phase II
Contract Date: 1/01/09 _12/31/1d
II. 'The Awardee Agrees;
A. Type of Activity
The Awardee shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Miami-Dado.
B. Insurance
To comply with Miami-Dade County's insurance requirements as well as imy relevant
state of 1"lorida 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,
demal1ds.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, allents, 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
anyone 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 whioh 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.
1. Progress Repgrts
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, 2010, 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 me quarterly reports as
to the amount of contract monies reoeived 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 receil>t of
such monies. For purposes of applicability, the requiremunts of this
resolution shall be In addition to any other reporting req'Jirements
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 followinll portions
of the Progre.ls Report Form:
Section I -Status of Contracted Activities:
The Awardee must report specific information regarding the status of
the contracted activities, Including accomplishments andlor 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 andlor 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 olthis report,
Section II -Fiscal Information:
The Awardee must report expenditure infQrmation 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 contl'acted 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 thail
April 10, 2009, October 9,2009, April 10, 2010 and Octobllr 9, 2010.
Section IV -Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) -The Awardee shall report to DeeD the number of
focus and service area residents who have rec(3ived 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
e, as it may be revised, This section of the form shall be completed
3
semiannually by the Awardee and submitted to OeED no later than April 10,
2009, October 9, 2009, April 1 0, 2010 lind October 9, 2010.
The Awardee shall submit to the County, in a timely manner, any
other information deemed necessary by the County, and Its
presentation shall comply with the format specified at the time of tho
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 fOlfeit its claim to payment requests or the
County may invoke the termination provision in this Agroement 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 0.4. of this contmct. Copies of
the above described Progress Report shall be received by OCED no
later than the tenth (10th) business day of each month alld shall
address the progress undertaken by the Awardee during the previous
mon.th. This Progress Report shall not be required if the Awardee is
submitting the Progress Reports required by Section II, Paragraph
D.1.a and Paragraph D.3.
2. Annual Report (Fourth Quarter Progress Report)-The Awardee shall submit a
cUlnul~tlve 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 eDSG fiscal year of January 1, 2009 through
December 31, 2009 and shall be received by OeED no later than January 8,
2010 and January 1, 2009 through December 31, 2009 and shall be received
by OeED no later than January 8, 2011.
3. Environmental Review -The Awardee immediately upon iocating or
determining a site for each of the "Unspecified Site" activities to be carried
Ollt pursuant to this contract, shall submit Information detailing the location
of each site for which a Site Environmental Clearance Statement, will be
prepared a$ described in Article II, Section E.5. of this contract set forth
below. The Environmental Review is to be prepared on information
contained in Attachment E, "Information for Environmental Review."
Notwlthst!1ndlng any provislQn of this Agreement, the parties hereto aM!!!!
and acknowledge that this Agreement does not constitute a. commitment of
funds or site approval, and that such commitment of funds or approval m'!!y
occur only upon satisfactory completion of environmental revl\lw and .. e£.!liP!
by the County of a release of funds from the U.S. Department Qf...!:!Q1IsingalJ.!!
Urban Development under 24 eFR Part 58. The parties further agree that t!J.!!.
prQvlsion of any funds to· the prolect is cgnditioned on the ..£p.JlntV:.!!
determination to proceed with, modify or cancel the project based on the
results of a subsequent ellvironmental review,
4. Audit RepOlt -The Awardee shall submit to OCED an annual audit report In
triplicate as required by Section II, Paragraph I of this contract as $et 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
4
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 non expendable
personal and real property purchased with CDBG funds from this and
previous agreements with the County as specified in Section II, Pafllgraph 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
byOCED.
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 (e) governing the Residental
Antidlsplacement 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 res·ult of acquisition, rehabllitaion, 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 Attacljment A hereto for
which a location has not yet been identified, the Awardee shall obtain,
immediately after a site is identified by the Awal'dee, 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
5
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
propel1y 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 ques!.lon, the Awardee shall contact the
above mentioned unit prior to making a determination. Awardees receiving
CDBG funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules
and regulations of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, as amended.
9. The Awardee shall adopt Affirmative Marketing Procedures and requlmments
for CDBG assisted projects. These procedures must consist of actions to
provide information and attract eligible persons from a.1I racial, ethnic and
gender groups to the available selvices. 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
DC ED 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 Ihe 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 discmtlon of OCED
for Awardees who demonstrate knowledge of real estate development and
organizational management theory. OeED shall consider such waiver upon
receipt of the written request by the Awardee.
11. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period Identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding his compliance with the national objective, and
OCED will have the right to monitor the activity.
12. The Awardee shall comply with all applicable uniform administratiVe
requirements as described in 24 CFR 570.502
F. Federal, State, and County Laws and Regulations
1. RULES, 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 amonded
6
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, Stale and Federal
directives, ordinances, rules, orders, and laws relating to people with
disabilities. The Awardee will also comply with 24 CI'R Part 85, OMB 1\-128,
OMB A-87, and with the applicable procedures specified in OCED's .Cont~t
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 VIII 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 tho Domestic Violence Leave
codified as 11A-60 et seq. of the Miami-Dado County Code, Which requires an
employer, who in the regular course of business has fifty (50) or more
emllloyees working In Miami-Dade County for each working day dUl'ing 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 commencemont 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 applicablll
standards, orders, or regulations, Issued pursuant to Section 306 ofthe 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 Acl
(33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part
15); and Executive Order 11738.
4. Assurance of Compliance wilh Section 504 of the Rehabilitation Ac! -The
Awardee shall report its compliance with Section 504 of the Rehabilitation Aot
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/Non-Discrimination of Employment. Pr..omotion. and
Procurement Practices (Ordinance #98-30) -All firms with annual gross
revenues in excess of $5 million, seeking to contract wilh Miami-Dade County
shall, as a condition of award, have a written Affirmative Action Plan and
Procurement Policy on file with the County's Department of Business
Development. Said firms must also submit, as a part of their proposals/bids
to be filed with the Clerkaf 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
7
exempt from this requirement and must submit, In writing, a detailed listing
of their Boards of Directors, showing the race or ethnlcity 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 blddor/respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for
award by the Board of County Commissioners.
7. Domestic Violence Leave Affidavit: Prior to entering Into any contract with
the Couty, a firm desiring to do business with the County shall, as a
condition of award, certify that It Is in compliance with the Domestic Leave
Ordinance, 99-5 and Section 11A-60 of the Miami-Dade County Code. This
Ordinance applies to employers that have, In the regular comse of business,
fifty (50) or more employees working in Miami Dade C:ounty 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
nrm that has not certified its compliance with the Domestic Leave Ordinance.
Failure to comply with the requirements of Resolution R-185-00, as well as
the Domestic Leave Ordinance may result In the contract being declared void,
the contract being terminated and/or the firm being debarred.
8. Code of Business Ethics: In accordance with Section 2-8.1(1) of the Code of
Miami-Dade County each person or entitiy that seeks to do business with
Miami-Dade County shall adopt a Code of Business Ethics ("Code") and shall
§ui:lmit an affidavit statlnq that the Awardee has adopted a £o..!!.!LJ!.!J!t
complies with the requirements of Section 2-8.1Ii) of the Miami-Dade County
Code (Form A-121.
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 !easen 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
8
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 \'cceiving
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. Mlami·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 tlmo 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 II, Public Services; 'fitle 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 applicablo law or regulation
including but not limited to, 24 CFR 570, only the conflicting provision shall be
9
deemed by the parties hereto to be modified to be consistent with the law or
regulation or to be deleted if modification is impossible. However, the obligations
under this contract, as modified, shall continue and all other provisions of this
contract shall remain in full force and effect. The County's determination on whether
a provision conflicts shall be final and binding.
H. Construction
if the Awardee engages in, procures, or makes loans for construction work, the
Awardee shall:
1. Contact the OCED rElpresentative 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 cOO!ltructiQn 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 10% 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 nost of
the technical assistance. The Awardee shall cooperate and comply with all
requests made by the Community Builders Division of tho 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 defil1ed
and described in Attachment "AU of this agreement.
I. Audits and Records
1. 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 OMS 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 descl'ibe their
performance. To achieve uniformity regarding the reportinl1 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 Pllrformed
(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 lor Attestation Engagements (Attestation
Report).
3. When the requirements of OMS A-133 apply, or when the Awardee elects to
comply with OMS 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
CDSG funds, an internal control review; and a compliance review as
described in OMS 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 aU 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
II
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 ieast five (6)
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 ofthls 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 CDSG assisted activities the Retention Period shall begin
upon U.S. HUD's acceptance of OCED's annual Grantee Performan(~e
Report In Which each ass isted activity is reported on for the final time.
For all the CDSG 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 non expendable 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 I(ind
indicating any threatened or pending litigation, claim or audit arising out of
the services provided pursuant to the terms of this contrClct, 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.
6. 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 prope,rty of OCED without restriction,
reservation, or limitation of their lise. OCED shall have unlimited rights to all
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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 wgulated 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 repotts to OCEO
immediately upon such issuance unless such disclosure is a violation of the
regulatory agencies issuing the reports.
3. MIAMI-DADE COUNTY INSP~CTOR GENERAL REVIEW
According to Section 2-1076 of the Code of Miami·Dade County, as amended
by Ordinance No. 99-63, Miaml.Oade County has established the Office of the
Inspector General which may, on a random basis, perform audits on all
County contracts, throughout the duration of said contracts, except as
otherwise provided below. The cost of the audit of any Contract shall be one
quarter (1/4) of one (1) percent of the total contract amount which cost shall
be included in the total proposed amount. Tho audit cost will be deducted by
the County from progress payments to the selected Awardee. The audit cost
shall also be included in all change orders and all contract renewals and
extensions.
a. Exception: The above application of one quarter (1/4) of one percent
fee assessment shall not apply to the following contracts: (a) IPSIG
contracts; (b) contracts for legal services; (c) contracts for financial
advisory services; (d) auditing contracts; (e) facility rentals and lease
agreements; (f) concessions and other rental agreements; (g)
Insurance contracts; (h) revenue-generating contracts; (I) contracts
where an IPSIG is assigned at the time the contract is approved by
the Commission; (j) professional service agreements under $1,000;
(k) management agreements; (I) small purchase orders as defined in
Miaml.Dade County Administrative Order 3·2; (m) federal, state and
local government·funded grants; and (n) interfocal agreements.
Notwithstanding the foregolng,J!Je Miaml·Dade County Boai'd •. of
s;ountv Commissioners may authorize the inclusloll of the fee
pssessment. of one quarter (114) of one percellt in allY exempted
contract at the time of award.
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.
t.. Prior Approval
The AWardee shall obtain prior written approval fmm OCEO prior to undertaking any
of the following:
1. The engagement or execution of any subcontracts or contract assig nments,
wherein COSG funds will be used to pay for goods or services. The Awardee
must submit all proposed agreement documents to OCEO at least thirty (30)
days prior to the start date of the agreement. OCEO 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 aCED 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 non expendable personal property not specifically listed
in the approved budget.
5. The disposition of all real, expendable personal, and non expendable personal
property as defined in Section II, Paragraph Q.1. of this contract.
6. All out·ot·town travel not specifically listed in the approved budget.
1. 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 II, Paragraph .J
of this contract.
IVI. Monitoring
The Awardee shall permit aCED and other persons duly authorized by aCED to
inspect all contract records, facilities, equipment, materials, and services of the
Awardee which are In any way connected to the activities undertaken pursuant te) the
terms of this contract, andlor to interview any clients employees, subcontractors, or
assignees of the Awardee. Following such inspection or interviews, aCED 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 aCED 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 aCED 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 I:onlllcts 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 maimer or degree
with the performance of services requrled 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 )'etained by the Awardee hereunder. These
conflict of interest provisions apply to any person wilo is an employee, agent,
consultant, officer, or elected official or appointed official of the County, or of any
designated public agencies or subreciplents which are receiving funds under the
CDBG Entitlement program.
The Awardee shall submit to aCED 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 followins
documents: » Original contract or its subsequent amendments.
14
» 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 tluoullh
OCED for a period of three years.
The Awardee shall disclose any possible conflicts of Interest or apparent
improprieties of any party that are covered by the above standards. The Awardee
shall make such disclosure in writing to OCED immediately upon the Awardee's
discovery of such possible conflict. OCED will then render an opinion which shall be
binding on all parties.
o. Publicity, Advertisements and Signage
1. The Awardee shall ensure that ail publicity, public relations and
advertisements and signs, recognize the Miami-Dade Office of Community
and Economic Deveiopment (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, wali plaques, corner'stones,
dedications, notices, flyers, brochures, news releases, media packages,
promotions, and stationery. All signs used to publicize OCE.D 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
acc;ordance 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.
P. ProGUI'ement
The Awardee must take affirmative steps to prpcure 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 iocated 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 arc 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 •
. 1701u (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 notloe.
The notice shall describe the section 3 preference, shall set forth minimum numbor
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 CFH part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
7. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Detormination and Education Assilltance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) I'equlres 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 Subcontractlnq 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 tlie Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award,
provide a statement of their subcontracting poliCies and procedures (see attached
Form A-7.2). Awardees who fail to provide a statement of their policies and
procedures may not be recommended by the County Manager for award by the Board
of County Commissioners.
The term "local" means having headquarters located in Miami-Dade County or
having a place of business located In Miami-Dade County from which the contract or
subcontract will be performed.
The term "SUbcontractor" means a business independent of a Awardee that may
agree with the Awardee to perform a portion of a contract.
The term "subcontract" means an agreement between a Awardee and a
subcontractor to perform a portion of a contract between the Awardee and the
County.
Q. Property
1. Definitions
a, Real Property: Land, land improvements, structures, fixtures arid
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 ,'equirements as stated
below:
a. Any real property under the Awardee's control that was acquired or
improved in whole 01' In part with CDBG funds received from DC ED 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 villuo
attributable to expenditures of non-CDBG funds for
acquisition of, or Improvement to, the propelty.
Reimbursement is not required after the period of time
specified in Paragraph 0.2.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 fund!;
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 tho 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 CDSG
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 non expendable 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;
18
unit cost at the time of acquisition; present market value; property
inventory number; information on Its condition; and information on
transfer, replacement, or disposition ofthe property.
b. All nonexpendable personal property purchased or Improved In whole
or in part with funds from this and previous contracts with OCED
shall bl) inventoried annually by the Awardee and an inventolY report
shall be submitted to OCED. The inventory repOli 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. Prog ram Income
1. 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 CDSG funds, the income shall be prorated to reflect
the percentage of CDSG 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 allY
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.
b. The County may in its sole discretion allow Awarde~ to Use Program
Income to carry out eligible activities. 1])6 Awardee may reguest to
use Program Income for eligible activities. If the Awardee request!? to
use Program Incom!!.,.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 che!lli
llilyable to Miami-Dade County for the generated Program Income,
must be submitted quarterly as part of the Fiscal Section of tl:!~
Awardee's Progress Report as outlined in Section II. Paragraph D.Z.u,.
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
previo'us contracts withOCED.
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
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 et seq.
f. Program Income from a revolving loan activity must be used only for
the same revolving loan activity.
g. Program income from a revolving loan activity, such as loan
repayments, Interest earned, late fees, and investment income, shall
be substantially disbursed to eligible loans, 10an-relatEld
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 aCED approved CDBG
eligible activities, and to cover operational costs before requesting
additional CDBG funds.
I. Any proceeds from the sa Ie 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
yeur, 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. aCED 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. aCED, in Its sole and absolute discretion, reserves the right to pursue other
courses of action in the retention and use of program income gllnerated by
the Awardee, and such action shall riot require an amendment to this
contracts .
. S. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel
expenses shall conform to the requirements of aCED's Contract Compliance Manual.
T. Subcontracts and Assignments
1. Unless otherwise specified in this contract, the Awardee shall not subcontract any
portion of the work without the prior written cOrisent of the County. SubColltracling
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:/lwww.epls.gov/ Awardee shall provide to DCee 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
mlamidade.gov/sba/reports.debarment to determine If a person or
entity is on Miami-Dade County's debarred contractor's list. Awardee
shali provide DCED 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 DCED'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;
f. 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 DCED deem necessary.
This applies only to subcontracts and assignments in whi(;h parties
are engaged to carry out any eligible substantive programmatic
service, as may be defined by DCED, 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 diract
employees of the Awardee. The Consultant assumes full responsibility rot 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 al\ subcontracts and their progress toward meeting the approved goals
and objectives indicated in the attached Scope of Services
4. The Awardee shall receive from DCED 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 DC ED as
21 ,
described in this contract. OCED's approval shall be obtained prior to the
release of any funds for the subcontractol·.
5. 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 obJigation by
aCED 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 subcontractorl; 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 altowed 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 thoso 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 CDSG
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
01' 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 tho Awardee fails to comply with
this reqUirement, the Awardee will forfeit all rights to payments if OCED, in its
sole discretion, so chooses.
7. Withlil thirty (30) calendar days after this contract expires or is tE~rminated,
the Awardee shall provide to OCED a list of all Invoices and costs that rel.ate
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 financiallntel'est in order
to secure repayment of this award. "Controlling financial interest" "hall 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 01' 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.
III. 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 $395,000.
23
IV. Thl) Awardee and OCED Agree:
A. Effective Date
1. This contract shall begin on January 1, 200~. 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 COBG funds or other assests, including Program Income to support
CDBG eligible activltes. 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 II, Paragraph V, or provide any type of assistance or support to
the Awardee if this contract has expired or been terminated.
Il. Suspension
1. 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 OCEO, 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, OCEO may at any timE' suspentl the
Awardee's authority to obligate funds, withhold payments or both. These
actions may apply to only part or ali of the activitieS funded by this contract,
3. OCEO 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). OCEO 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 DCED upon no less
than ten (10) working days notice when DCED determines that it would be in
the best interest of DCeD 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 ttw
right to terminate this contract without cause upon thirty (30) days writ.ten
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. DCED 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, DCeD 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 andlo,' adjust the contract IIward,
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 releilse from
its contractual obligations to the County. The [)irector of DCED 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 OCEr>
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, DCeD 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 DCeD'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 (5) years.
7. 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
1. Modifications of provisions of this contract shall be valid only when in
writing and signed by duly authorized representatives of each party. The
par1ies 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 budgllt
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 nny 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
aCED 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 anyone 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
1. 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 discretioli.
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 shalilll)t require a
contract amendment.
G. Disputes
In the event an unresolved dispute exists between the Awardee and OCED, OCED
shall rIIfer 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.
I. 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 btl 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
1. 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. Grllnt rm:ipients are
exempt from paying the cost of the audit which is n\>fmally '" of 1 % of the
total contract amount.
The Miami-Dade County Inspector General is lluthorized 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 ollths,
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 maim
all requested records and documents available to the Inspector General 01'
IPSIG for Inspection and copying. Tho 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, flnanolal
docllments, 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 contrac:!.
Nothing in this contract shall Impair ilny Independent right of the County to
conduct audit or investigiltlve 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 V. of 1 % of the total contract amou nt.
28
L. Notice and Contact
OCED's representative for this contract is Letitia Goodson. The Awardee's
representative for this contract Is W. Ajlbola 8alogun. The Awardee's principal office
is at 6130 Sunset Drive, South Miami, FL 33143. The Awardee's telephone number is
(305) 633-6338.
III 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 represontatlve or new address will be rendered in writing to the other party al1d
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 persor. 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
Contl'act, 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
contraot to any person, company or corporation without the prior written consent of
the County.
P. Third Parties
This agreement is intended for the sole and exclusive benefit of the parties and is not
Intended to benefit any third party nor shall It be deemed to give rise to any rights in
any third party
P. Survival
The parties acknowledge that any of the obligations in this agreement, including but
not limited to Awardee's obligation to indemnify the County, will survive the term,
termination, and cancellation hereof. Accordingly, the respective obligations of the
Awardee and the County under this agreement, which by nature would continue
beyond the termination, cancellation or expiration thereof, shall survive termination,
cancellation or expiration hereof.
Q. All Terms and Conditions Included:
This contract and its attachments as referenced (Attachment A -Scope of Services;
Attachment A1 -Action Steps; Attachment B -Budget; Attachment C • Progress
Report; Attachment 0 -Information for Environmental Review; Attachment I'. -
29
Certification Regarding Lobbying; and Attachment F -Publicity, Advertisements and
Signlige) contain all the terms and conditions agreed upon by the parties.
30
0>'1(0 l31)~
IN WITNESS THEREOF, the parties hereto have caused this thlrtYA3,{l) ~~ntract to be executed
by their undersignlld officials as duly authorized, this 30 day of JJ1,t.. 009.
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY: BY:
W, AJibola Balogun NAME:
=='----------
TITLE: City Manager TITLE: Mayor
DATE: . 3!-d3 /09 __
BY:
NAME
TITLE:
DATE
Witnesse)"') j) /J)/J /J Ii _ /'"--
BY: ~ "//1. t.l!tt--frJ
BY:
(Signature
_L1OY;'f jAL4Cdl-~-
Type or Print Name
Federal 10 Number: _5_9_-60_00-.::4.:.-31e-.· __ _
Resolution 11:112"-08
Awardee's Fiscal Year Ending Date: 09/30/09
\ "
CORPORATE SIOAL:
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
31
~;If,*,D RF A FY2009 Acronym: SMIAMI Date:
1/14/2009
Multi-Source:
FY 2009 Activity 10:
20081011 . CATEGORY: Source
Capital Improvement CDBG·
Oislri{;j.: MD Specific~
Contract NlllTlber: Index Code: -----
07 lOIS Number:
Applicant I Develop<H (AKA.):
City of South Miami CITY, ST, ZIP:
02. Organization Type:
Municipality
Contact:
Phon.:. (305) 663-6338 E·Mail: abulogun@cityofsouthmlarnl.net
Title: SW 66 Street Improvement· Phase II
Description (254 Characters Max.): .
Street Improvement on SW 66th St from SW 59 PI to SW 61 Ct. Project consists of
reconstruction.& upgrading of sidewalk (widening), roadway resurfacing, enhanced street
lighting, brick paved in.tersections & landscaping associated with irrigation system.
FY06 Funding:
Index Code:
lOIS Numbe'::-· -----
FYOS Contract II:
Evaluator: Mario Berrios
(") NRSA:
South Miami
('j gntitlement City I Community:
N/A
I'articlpatlng MUnIcipality:
FY07 Funding:
Index Coda:
lOIS Number-: ---._--
FY07 Contract #: .
URTF
CAC
COF $01 __ " __ l
" !~lil;"!···:'i\{:~;\t.:ri:
pyas Funding: . ~OO!O.Q.q
Index .Code:
--~-'-:
lOIS Numb"I': . 4642
PY08 Contract #: 80013
STAFF
MGR
Bec ReCOin
rO=.llty--;,:O:::f=;S;:':O:U:t:::h:;:M:;:::;ja:-nl_i __ ---.;;;;;;;~~--D~ls~tr;,.i,c~t:.:;,;;;., .... ~'"_="=== ... __ .~~unds o Non~Respotlsive? o Complied with 'MUST'? Action Plan $395,000 TOTAL
.. , ·::_r!'.·'-'~;}~V~'_I!I~~~~\~J~~~~~~~~~.~:~~~.Jift~T~i::JH.~." F '
Nalional Citation National Objective: % Low/Mod:
570.201(0) 570208(a)(1) LMA
Pdorit~~ Need
Infrastructure
" , : Agencies Located In the City of Miami [~J
Activity Gee City: ST: GeoZ.rpCode: Census Tract: Block Group:
I~outh Mi~mi .... J ~J 13~1,4~ 661h St from SW 60 Ave to SW 61 3 76.03 _._---
If no street address, providr~ crossroads information:
--------------~----------
Evaluator'S C()mments:
[~ Left blank although ~ocuments are included in binder. -MAB ,09-10-08
~.---,
I
!
____ , ___________ • __________ -.:A,TTACHMENT A "-
__________________ ~ __________ .--______________ _._.___ d ___
City of South Miami
FY 2()()9
Scope of Services
January 1, 2()09 -December 31, 201()
1. • ACTIVITY TITLE:
2. • ACllVITY DESCRIPTION:
3. • APPROVED BY BCC:
4. • SOURCE:
5. • HUD INI1ORlViA'I'ION:
5a ..... HOD matrix code:
5b. -Title:
5c. -Eligibility
6. • ACCOMPLISHMENTS:
6a. _. Number ofUllits:
6b. -Type:
7. • NATIONAL OBJECTIVE::
8. • ACTIVITY ADDRESS:
9 .• LOCATION:
» CO: Letitia Goodson
~ .... '
S.W. 66110 Street Impl'Ovements·· Phase II ~~~~~-~~~==~----.-------
Street Improvements
$395,000
CDBG2009
031(
Street Improvements
570.201(c)
1
Facility
570.208(A)(1) -Low/Moderate Income Area Benefit (LMA) _"
SW 66 110 Street (from 59'10 PI'!,c" to SW 61" Court) _ ... -
Miami, Florida 33143 ~~~~~~----------.------------.---
City of Miami
PLANNER: Winston Pal'lunson ,~~~~~-----------~----.--~~~
---_._-----------_.
APPROV"'cD ft:TTACHMENT "A-,"
AGENCY NAME mE em' OF SOL.'TH MIAl'.11
!QUARTER
ACTlVllY
FUNDING SOURCE
AMour'li:
TOTALACnVITIY COSTS:
TOTAL AVAU .. A8U: RJNOING (Matc!lil1g byeit'JJ
PROPOSED ACCQMPUSHMENT UNITS:
ACCCMPUSHMENT UNITS;
TYPE:
IBID,
SUBMfITAL
<..: \~
l FROM OCED,
SREPORI
~~~51~~K"><
I""
I'"
14~
J
DAVIS BACON WA(;:ii=
ADVERTISEMENT
PRE·BID CONFER.
IVERIFY, SNOTON
NSES
(REPoo,
Ic;u:t.;v a:: I".V,V I f'(I;.l../ VVl/
CONTRACTOR (aCED APPROVAL
jREQu/RED)
SUBMmALOFI
::i/KUr.;lIVN
RELEASE NOTICE
OBTAIN PERMITS
C)·
\"iEMi:::i::liNI.;;
OF QUARTERLY PROGRESS
~fJ"
S>N 66th $tree~ lmprovemeots-F'hasalf-
CDBG200$
$395,000
$490,000
$95,000
Peopie
95'
People
OF ISERVICE UNITS
c'-':',-
''''''1' -.':;'!S-,
IpAYMENT-LEveL ACTuAL QUARTERLY ACCQMPLlSHMENTS
CUMULATIVE CUMULATIVE
SERVIce UNITS
,~, -"T~g;H~;~'"
AGENCY 1".!AME
ACTiVITY
FUNDIf\'G SOURCE
A."IOUNT:
TOTAL ACTMTIY COSTS:
TOTALAVAlLASLe fUNDING {Matching byC<ty}
PROPOSED ACCOMPUSHMENT UNITS:
ACCOMPUSHMENT UNITS:
TYPE:
MONTHLY
AND
APPROVED ATIAO~MENT~A-1"
THE CfT'! OF SOUTH MIAM!
SN 6et~ Street improvemenis-P!1ase U
CDSG200S
S3SS,GOO
$490,000
S95,OCO
People
952
People
I ~ERCENT~~E OF
COMPL.:"jTON
-ntE ·",i'~Y.c:;;'i-..,4"~"
ATTACHIIIIENT 13
CITY OF SOUTH MIAMI
SW 66th Street Phase II Improvements
CDBG
FY2009
SUMMARY BUDGET
JANUARY 1, 2009 -DECEMBER 31, 2010
PRIOR YEAR FY 2009 NON-OCED
.CATEGORIES FUNDING FUNDING FUNDING TOTAL
J. Personnel $12,500 $12,500 $0 $25,000
IJ.Contractual Services $47,500 $50,000 $0 $97,500
III.Operating Services $0 $0 $0 $0
IV, Capital Outlay $240,000 $332,500 $95,000 $667,500
.. OrAL BUOGEr $300,000 $395,000 $95,000 $'190,000
SOURCES OF OTHER
FUNDING , ____ _ TOTAL AMOUNT
eRA $95,000
,--,-.
4010 PERSONNEL-Employee
fagular· Salaries
.
Ehgineer
ACl'9untiQg Sueervlsor
Gnm~s Administrator
Sub-T~tal salaries
go Benefits
A (salaryX7.65%)
4010 I-rin
~ FIC
.1·otaIF~.
aJ Personnel
Cpntractual Services
~1 011 External Au~1t
21012 E~vlronmental Audit
-
CITY OF SOUTH MIAMI, INC
CDBG FY2009
SW 66th Street Phase II IMPROVEMENTS
DETAIL BUDGET
January 1, 2009 thru December 31,2010
OCED OCED
PP Non-OCED FY200B FY2009
CD533COBCI .----
$ · $ 6,500.00 $ 5,000.00
$ · $ 1,000.00 $ 500.00
$ · $ 4,000.00 $ 6,000.00
$ -$ 11,SOO.OO $ 11,500.00
--
$ · $ 1,000.00 $ 1,000.00
$ · $ 1,000.00 $ 1,000.00
$ · $ 12,500.00 $ 12,500.00
$ · $ -$ ·
$ · $ · $ · -21030 Other Professional· Svc C2-nst Mgmt $ $ $ · 47,500.00 50,000.00
~~O.Oth~fes~ion~s, $
22350 l30tlled Water
25330 Hent Copier
,'25511 B!!ildlng Rental
Total Con~_' __ '
OperatIng Expenses
31011 Teleehon.Regular
-31011 Telephone Long Distance
31610 Postage
31420 Advertising Radio.
total Opel'atlng Ex~enses
.od/tles
• Prin/lng
uier Purchase
Supplies! Outside Vendors
ommodiUes
§'C-;;p/'"
, __ 90 C. ons.
Infra,
--~ -.---
tal OutlaY
tructlon
~tructure Improvements
I Caeital Outlay
$
$
$
'$
$
$
$
$
$
$
$
$
$
$
$
$
· $ · $ ·
· $ · $ · --$ · $ ·
· $ · $ · -$ 47,500,00 $ 60,000,00
· $ -$ ·
· $ -$ ·
· $ · $ -
· $ -$ -
· $ · $ -
· $
· $
· $
· $
95,000.00 $ 240,000.00 $ 332,500.00
· $ · $ ·
95,000.00 $ 240,000,00 $ 332,500.00
ATTACHMENT B
----
TotalOCED Total All SO!~
--
--
$ 11,500.00 $ 11,500.00
$ 1,500.00 $ 1,500. Q.i?-
$ 10,OOO.~g. i 10,000.00
$ 23,000.00 23,OOO,.<!.!?.
$ ,;:-2,000.00 p;. __ ...?000.2Q.
$ 2,000.00 $ 2,OOo.o_1!.
$ 25,000.00 $ 25,000,00
$ · $ ·
$ · $ -
$ 97,500.00 $ 97,50().OO
$ · $ .--:-$ · $
$ · $ ·
$ ·
$ · -'" ~ 97,500"1!Q. J __ 97,5QP~
$ ·
$ ·
$ ·
$ · -$ ·
$ 572,500.00
$ ·
$ 572,500.00
$
$
$
$
$
$
$
$
66 7'500:~
7,500.00 66
ITOTAL aUDG~,.:.T _______ ~_-L_IL$ 95,000.00 I $ 300,000.00 I $ 395,OOO.00:L:i§,000.00 [$ 790,OO!l.0Q]
SOURCES OF OTHER
.fUNDING
eRA
TOTAL AMOUNT
$905,000
17
o 2n' Quarter [Apr-Jun]
Recipient Name (Org!lnization):
Contact Person (Name & Title):
Activity Name (Project Title):
Activity Address:
Activity Description: _____ _
ATTACHMENT c:
QUARTEI~L V EXPENDITURE AND
PROGRESS REPORT. FY 2009
o 3" Quarter [Jut-Sept] o 4~ Quarter [Oct-Dec] / Annual Report
------.---
Telephone Number: ___ _
Activity ID # : Index Code: _________ Funding Source: Funded Amount: _$ _____ _
Activity Category: 0 Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Housing [] Public Service
Objective: 0 Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportunities
Outcome: 0 Availability/accessibility 0 Affordabllity 0 Sustainability
A B C D E F G --
TOTAL ACTUAL REIMBURSED CUMULATIVE PROJECTED
CATEGORY APPROVED eXPENDED EXPENDITURES CUMULATIVE PERCENTAGE EXPENDITURES BUDGEr CUMULATIVE {Th(s QlIll(tor}
[Thraug!1 cndolthls quarter! fThrot!9h end ofUlis quarter} I"DI (Noxt Quarter) -~" "'"""" -----_ .. -
Personnel $ $ $ $ % $
~~"~" .. ~",~ $ I~ =-.-.==-=-
CDnlractual
-,-== ,"
$ $ % $
~".-."~ --.. -'"----.~"-~"
Operaling CDStS $ $ $ $ % $
~
Commodilles $ $ $ [$ % $ -----.=---..... --
CapitalOuliay $ $ $ 1$ % $ --]$ -_. --"",".
TOTAL $ $ 1$ % $
"--~ _______ "_L.~ ". -"., "-
Program Income • The disposlHon of Program Income not specifically listed In Ihe approved Program Income budget requIres prlor written approval from OCED.
1. Does this actiVity generate Program Income? 0 Yes 0 No 2. tf yes, indicate the amount generated this quarter.
-
H
PROJECTgD
CUMULATIVE
EXPENDITURE
IBy end 01 Contract Period]
$
"~~~.~~
$
" . -_._" "~
i$ -. -
:$ --
$
-.. ~~
$ ..
3, If yes, was written approval granted by OCED to use the Program Income generated from Ihis activity? 0 Yes 0 No 0 N/A
If yes,l0 aUach copy of approvallalter anti relaled documents, If no, a written request for approval to use the program Income must be submltted to oeED -0(-a check payable to Miami-Dado
Counly for the genarated program Income must be submitted quarterly In accordance with the terms of the contract. • Check Attached? 0 Yes 0 No 0 N/A
!-~,:~:t~~.;~{,~~~~;J~Y\i;:~jTIETI~~0~1~Et!ttf;':~P:M;:;1ktt\:Cml<iY:!:S~*jj.H1~.~;l\WP;fXXP~PPM.,p'J;f.$lltilW'il:rJ:lNF.~aM~~1~~iC~)~\';:;:;::.J£~Ul~SllS0J:?T2~I;f;~~~i~Jill
1. Activity Status: 0 C~ncelled 0 Underway 0 Completed 2. Environmental Status: 0 A=Exempt 0 C=Completed 0 D=Underway
3. Is this activity slill in compliance with the ortginal project schedule? 0 Yes 0 No
. "-. "': ,.,"
---.. -----~-------
Office 01 CDmmunity and Economic DevelDpment Page 1 Df 2 Quarterly Expenditures and PrDgress Report (rev 12-15·08)
ATTACHMENT C
QUARTERLY EXPENDITURE AND
PFWGRESS REPORT. FY 2009
----------
-----------
Accomplishmenl Type: 0 People {Ol] 0 Households 104] 0 Businesses [08] 0 Organizations [09] 0 Housing Units [10] o Public Facilities [11] 0 Jobs [131
National Objective: 0 Area Wide Benefit {e-9-LMA, LMAFI; LMASA, SBA) -or-0 Direct Benefit [e.g. LMC, LMH, LMJ)
1:,A.:;~llLigffil1!iL~i&~lLlItl~l~Il:I~m~WilliJlg\ili~l !~1~i~V~mln~11J!~~&11~.~~lt~~tf!fJl?%~[I~limllM~~gil
Projected Goal
Actuat This Quarter'
Actual Cumulative
'Supplemental Furm@ Required -Allached YIN: ____ _
(1) Performance & Benelil Dala: Housing
Nole: HOME funded projects must submff uppllcEJbfe activity Si.1/-vP form.
Projected Goat
Actual This Quarler'
Actual Cumulalive
Projected Goal
Actual This Quarter'
AClual Cumulative
___ ~Rle_~
Total Peop lowl
Mod
'Supplemental Form @Required -Allached YIN: ________ _
(1) Performance & Benefit Data: PuQllc Service & Administration 0 -or-
(2) Performance & Benefit Data: Capltaltmprovement & Public Facilities 0 -01'-
(3) Performance & Benellt Data: Housing 0
Note: HOME funded pro/eels must submit applicable activity set-up form,
'Supplemental Form@Requlred--Performance&BeneIllDal.: Economic Deve:lo:pm.::e:n::.t::-~A:::lla:c::he:d:.Y:.:.:1 N::..:..: =======-__
~RFO-;;~~ER;:;-;fCATION: 0 This certifies thai No Accomplishments occurred during this Quarter. l,m,ls __ J
NOTE', Submittal of Supplemental Form -Performance & Benefit Dala is not required at this time based on the certiOcaUon that no accompfishments occurred during !his quarter.
CERTIFiCATION
This Is to certify Ihal Ihe d"la and other Informallon provided In Ihis Report is correct, based on official accollnling system and records, and Ihal expendillires and
obllglllloo8 shown have been made ior the purpose of and in accordance wilh applicable Terms and Conditions of Ihe Contracl and Funding Requirements.
Report Prepared by: Title: Dato:
Plio! Name
Signature of Certifying Official: __ ====~Title: ======== Date: _. ____ _
Activity lOIS Number: _____________________ _
Report rJ is { 0 is not complete , Report rJ is I rJ is not accllrate • loitlal review for completeness and accuracy completed by:
Name: Date: Date: Name·. ___ _
..... Contracts omccr Team Leader I Supervisor
Ollice of Communily and Economic Development Page 2 of2 Quarterly Expendllures and Progress Report (rev 12-15-08)
· .. -..... .,.. .... v
Performance & Benefit Data: Capital Improvement & Public FacliiliElS
Supplement to Quarterly Expenditure and Progress Report. FY 20.09
Recipient Name: _______ . ____ .. _______ . ______ .
Activity Name: . _______ _
Activity ID II ; Activity Category:
HUD Activity Matrix Code: Accomplishment Type: ______ ~ __ _
HUD Matrix Code Description: ____ ._. ________________ _
o Acquisition I Disposition
o Clearance / Demolition
[] Street Improvements
o Public F acilily / Type:
o Building /Type: __ _
~~ o Structures + D Parcels
o Structures , 0 Parcels
Persons Served' Low & Moderate Income
Persons Served , Low & Moderate Income
F aGilities' Persons Served , Low/Mod Income
o Other Capital Improvement !Type: 1''''''''''''0," Persons Served' Low & Moderate Income
-----~~~
~= & Applicability;
1/ of Structures
____ II of Parcels
_____ 11 of Facilities
II of Persons Served
_____ # of Low/Mod Income
1, Total benefiting for program year:' 2: Counts by Households (H) -or-Persons (P);
3, Of Ihose assisted, enter the number that:
a) Now have 'iew acoess 10 Ihis service or benefit
b) Now have improved access 10 Ihis service or benefit
c) Now receive a service or benefit that is no longer substandard .
Total
d) Now have new access to Ihis type of public facility or infrastructure Improvement
e) Now have improved access to this type of public facility or Infraslructure improvement
f) That are served by a public faGility or infrastructure Ihat is no longer substandard
Total
g) Homeless persons given overnight shelter
h) Number of beds created in overnight sheller or other emergency housing
RACE / ETHNIC CATEGORY
Instructlons: Indicate the lolal number of househo!ds,Of persons served In each Racla! Category for this reportIng period and the cumulative lo\al. From U10 tolal
number depleted In each Racial Ca.tegory, indIcate the numbers that are of Hispanic Ethnicity for Ulls reporllng 'period and Ihe cumulative tolal
"-~--, ---~~-IDi'j?tlli.r'il ~t?~%.I",,"~~ ~ '.-:,.
RACIAL CATEGORIES Racial Categories '
-;:-;;, T alai N,umber
While 111)
Black / African America."J121 -~s~nI131 -IIrnerican Indian / Alaskan Nalive 114)
~ Hawaiian / Olher Pacific Islander [151
------
American Indian I Alaskan Nallve & While 1161 --------_ .. _--
Asl~n_.& White 117) --'
~Iack / African American & While 118) ,
American Indian or Alaskan Native & Black I African 119) f-_Olher Mulll Racial 1201 ..
Tot.ts '----------_ .. -------
Periormancc & Benefit Data: CapUallmprovement &: Publ1c Facilities {rev 12·1 O'()B] Page 1 of2
,1110:ffil'iti. c'
Ethnic Categ'?.~
Number Hispanic
J£illvm ".'wt~fliif~t~~r{Q\I~lQmly.~ij@'AWjig@~7f~
. R~cla! Categories
TOlaINufl1~
Ethnic Catc( !£''Y_
panic _l!~mb~fiis
----
._---_.-f---.-'
_._-.. ,-----
-----------
--~---.---
'--'---
--
1---.. _----
~----
Supplemont to Quarterly ExpendltlJre & Progres!) Report
Performance & Benefit Data: Capital Improvement & Public FaciHtr!}s .
Supplement to Quarterly Expenditure and Progress Report ~ FY 2009
-------
DIllECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION
----
-Wlm~W('1Dli]j!j))W% \j;ilV,MQifAIil)({;:iIQJlIUSl'! *~a[@H1g. ff ~_:~ :f ! • iii.~.!)MOl. "iI'lillt0i.'.i.
T olal Number __ T21~1 Number Other Categories Tolal Number Total Number ----
--.--------mgfMj
Incollle GateBorles
Extremely Low (30% or less) -------_.--------~------T 0181# Benefiting
from Ihe Activity --------------Low (31% -50%) --------'---
_Mod:-!~.'e (51% -3~%) . ---------------~.,".,~,-#Of Female
Non Low/Mod (81 % or grealer) Headed -.-----Households· Totals -------------'--
Census ( C) or Survey (S) Dala Used: If (S), enler /I 01 Low/Mod & T olal Populallon:
T 013111 of Low/Mod in Service Area: Tolal Low/Mod UniVerse Population In SI)rvlce Area:
Percent of Low/Mod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census T racl: Block Groups:
-"--_______ . ________ 1. COBG Funds _,, __________ 5. Oll1er Federal Fun.ds
_'--. _______________ 2. HOME Funds 1 __ ._. ________ 6. Siale / Local Funds
3. ESG Funds __ $ ____________ 7. Privale Funds
--'----______________ 4. Section 108 Loan Guaranlee
Name of Fund!l\g S<:Imte
$ Total Funds
Report Prepared by: -----------Pi!ntN!lI'OO
TI\le: ______ _ Date:
Signature of Certilylng Official: __ Ti\le: ___ _ Date: _____ _
Pe!iOITflanr.B & Benefit Dala: CapUallmprovement & Public Faci!Hies [rev 12-10-08J Pag.2012 Supplement to Quarterly ExpendUurc & Pro~lress Report
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Reporting Period; ~nter "X" in the box that cormsponds with the appropriate reporting period for this report.
Se!illQrl'I: Generellnformatlon
1. Reciplellt Name: Fill in the appropriate Agency I 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): Enter the name of the activity.
5. Activity Address: Enter the complete address 01 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.
8. tndex Code: Enter the Index Code from FAMIS .
. 9. Funding Source: Enter the funding source (e.g. CDSG 06, COBG DR 07, ESG07, HOME 98, HOME CHOO 08, etc.).
10. Funded Amount: Enter the total funded amount of the activity, Include additional awards (same funding source) if applicable.
ATTACHMENTC
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 objecllve 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 alnount budgeted for the activity'in each category of the approved budget (or most recent approved budget amendment).
2. Column C: Enter amount expended for Ihe activity In each calegory during Ihis reporting Period.
3. Column D: Enierthe actual cumulative expenditures from beginning of the contract through the end ofIhis reporting period for each category.
4. Column E: Enter the cumulative amount reimbursed from .beglnnlng of the contract through the end of this reporting period for each category.
5. Column F: Enter Ihe cumulative percent of expenditures for each category by dividing each amount in column 0 (Actual Cumulative Expenditures) by
the corresponding amounts as shown in column B (Approved Budget). Example -If Column 0 shows $5,000 expended to date In the Personnel
Category and Column B shows $20,000 in the Approved Budgel for this category, then the percentage in Column F would be 25%.
6. Column G: Enter amounl 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.
3, Total: Please include totals at the boltom of each column B through H.
9. Generate Program Income?: Enter "X" in the "Yes". box if this activity Is expected to generate Piogram Income; otherwise enter "X" in the "No" box.
10. If the response Is "Yes" to Progr~m Income: Indicate Ihe amount of program incollie generated during this reporting period; if the answer was "No"
enter NlA. .
11. If Program Income is generated: Enter 'X" in the "Yes" if OCED approved use of the Program Income & provide copy of wrillen approval leiter along
with all related documents. 'Otherwise, enler "X" in the "No" box and submit a wrillen request for approval-or-a check payable to Miaml'Dade County
for the lIenerated Program Income.
1. Activity Status: Enter "X" in box Ihat corresponds with the appropriate status of the activity (Cancelled. Underway, or CompletedJ. Please noto that an
activity is considered complete once it meets Its national objective, all accomplishments have been reported, and all the funds are drawn from lOIS.
2. EnvlroOlilehtat Status: Enter "X" in the box that corresponds with the appropriate status of the activity IA=Exempl, C=Completed, or D=UnderwayJ
3. Comptiance with Origlnat Project Schedule: Enter "X" in the '''(es'' box if the activity complies with the original project schedule; if not enter "X" in the
"No" box.
Jiectlon IRLWork In.f[Qgres!
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
filed 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 chitdcare center completed Ihis reporting period. Project on schedule and is expected to bo
completed by next quarter.
§&.ctio.IllV: Of!!ar Supporting EffOlis
Provide a brief narrative pescription 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 contribulions, shOuld be
depicted here.
," f'. .,'" , -,Iii,,~ _
Sect!lLn V: Problems Encountered
Provide a brief narralive 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 reporUdiscuss any problems
encountered in order to resolve them as quickly as possible.
Section VI: Technical Asststanc~
This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity.
Instruclions. Definilions & Acronyms Icreated6/30/0Sj revised 9/5/0S Pane 1015
QUARTERL V EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS,DEFINITIONS & ACRONYMS
fuill!lQnVII: Performance Measllremei)!
.. ATTACHMENt C
1. Accomplishment ryp.e: Enler "X" in the box that corresponds to wilh the acluai. accompHshment Iype of Ihis activily [People, Households, Businesses,
Organizations. Housing Unils, PubHc Facilities, or Jobs).
2. National Objective: .Enter "X" in the box .Ihat corresponds wilh Ihe National objective of this activity. Refer to Attachment A in the Contract to locate
Ihe Natiooal Objecllve for Ule activity -{Jr-contact the Officer to obtain this infoorration. .
lMA Area Basis Benefil low/Mod Area Benefit 570.208(a)(1)
LMAFI Area Basis Benalil low/Mod Area Benelil, Community Developmenl Financiallnslilulion (CDFI) 570.208(d)(6)(i)
l.MASA Area Basis Benefil l.ow/Mod Area Benelil, Neighborhood RevilaHzalion Siralegy Area 570.208(d)(5)(1)
LMC Direcl Benefit Low/Mod Llmiled Clienlele Benefil 570.208(a)(2)
l.MCMC Dlrecl Benefit Low/Mod Llmiled Clienlele, Microenlerprise 570.208(a)(2)(IiI) .
lMCSV DlreciBenelii Low/Mod lImiled Clienlele. Job Service Benefit . 570.208( a)(2)(iv)
LMH Direcl BMelil low/Mod Housing Benefit .570.208(a)(3)
LMflSP Dlrecl Benelil Low/Mod Housing Benefil, CDFI or Neighborhood Revilalizalion Siralegy Area I
LMJ Direcl Benefil low/Mod Job Creallon/Reienllon 570.208(a)(4)
Benefit Job Creation/Relenlion, Public Facililyllmprovement Benefit 570.208( a)( 4 )(iv)(F)
lMJP Dlrecl Benefil . low/Mod Job Crealion, Locallon Based . 570.208(a)(4)(iv)
SBA Designaled Area Basis Slum/Blight Area Benefll 570.208(b)(1)
SBR Urban Area Sium/Blighl in an Urban Renewal Area 570.208(b)(3)
SBS Spol Basis Sium/Blighl Spol Basis
URG Need .. Urgenl Need 570.208(c) ..
The data In Ihis seclion is required on a quarterly basis for Ihe reporling period and cumulative (from the beginning of Ihe contact period through the
quarter being reported). If Ihere are no accomplishments duringlhe reporting period, the dala for Ihis Quarter and Cumulative may be left blank, and
Ihe Reclpienl musl complete the Pertormance Certification check box for "No Accomplishments' .
3. lot"1 Housing; Houstng activilies that Conslruct or Rehabilitate Renlal Units, Acquire and/or Construcl New Homeowner Units, .Ftehabllilate
Homeowner Units, or provide Homeowner Counseling and Direct Financial Assistance 10 Homebuyers musl complete Ihis seclion if any
accomplishmenls are achieved In the reporting period and compl.ele Ihe Supplemenlal Form, ·'Performance and Banefit Dala: Housing".
4. Total People or Households: Aclivilies that provide Public Services or Administrative (e.g., Fair Housing Aclivities) musl wOlpl.le this seellon if
any Ilccomplishmenis are achieved in Ihe reporting period and complele Ihe Supplemenlal Form; ·'Performance and Benefit Dala: Public Services -{Jr-
Administration". Capital Improvement and Public Facllilles Activities must complele ·Ihis seclion if any accomplishmenls are achieved in the
reporting period and coniplele Ihe Supplemental Form, "Perfoorrance and Benefit Dala: Capilallmprovement & Pubtic Facilities". .
5. Total Jobs: Activities that create or relain jobs, and/or provide assistance 10 businesses; must complete Ihls section if any accomplishments are
achieved in the reporting period and complele Ihe Supplemental Form, "Performance and Benefit Dala: Economic Development".
6. Performance Certification: The Pertormance Certification check box for 'No Accomplishments" must be checked and initialed by the Certifying Official
if there have been no accomplishments during Ihe reporting period. This ilem certifies Ihat Ihere have been no accomplishments during the reporting
period and Ihe Recipient Is ex"used from providing any further accomplishmenl i"foorralion on Ihe aclivity status as required by HUD. Reference HUO
"Nolice of Oulcome Pertormance Measurement Syslem for Communily Planning and Development Formula Granl Programs." A copy of the Notice
and addilional inforniation about pertormance measurements is available at Ihe following link: http://www.hud.govloffices/cpd/abouUperformao_oe/ .
7. Report Prepared By: The name and tille oflhe report preparer, along with Ihe dale. musl be compleled.
8. Signature of Certifying Official: The Certifying Official of Ihe Recipienl must sign the reporl. his or her title must be entered. and the certincallon must
be dated.
This Performance and Benefit Dala Report must be completed and provided to aCED for any quarter when actual accomplishmenls are achieved, tile
activily is completed, and the national objective is mel. In addition, direct benefit or area benefit dala must be provided as well, Please fill out the requested
Infoml8tion complelely and accurately as applicable for Ihe funded activity. The following general informal ion is available on Attachment A in Ihe contract:
Activity 10, Activity Category; HUD Activity Matrix Code and Description (HUD Activily Type), Accomplishment Type, and National Objective. Ail reports
must include Ihe name of Ihe person preparing Ihe report and Ihe Certifying Official of the Reciplenl must sign Ihe reporl, his or her IIl1e must be enter. and
the report Illust be dated.
Instruotions,Definitions & Acronyms [crealed 6/30/001 revised 9/5/08 Page 2 of 5
QUARTERL V EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
ATTACHMENT 9
Project Category [required]: Enter "X" in the box that corresponds with the
funded project type.
Accomplishment Type I Measllres [required): Enter "X" in 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'lnformation [required)
(1) Indicate the total number benefiting from the activity.
(2) tndicate 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 all.
..(j;«:fI~"<f'I"<.1\"If,<><:f-'<f..o(j.,"'£<>(i,o("f)<><f,<>&.oG\~oG\<>(}'<>6,~<>('}.<>('}."<fl~~.,.,s:.o<f,.~
Illre.t Benefit Information [required): Benefieiary Information must be
provided in this section for activities having a national objective of LMC,
LMCMC j LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Olherwise, tomplele
the Ama Benefit Information section. Provide information for aclual number· of
households or porsons assisted, for Ihis reporting period and Ihe cumulative
tolal. Also, provlderequested information in the Income Category and Olher
Beneficiary Data Sections.
Area Benefit tnformatlon [required): If applicable for funded activity.
b~$<>(f.<><f .... ..<.f..~.o(}.o<f>~..mod\.~o.f}...::A~<>{i)~,-<f.,<>(J.,.w.a4\-<f><><$ .... «J.,~<><f>-<f><>('''
Funding Sources I Leveraging of Funds [required)
HOME Funded Projects Only [requiredl: Enter 'X' in the box that correspondswlth
the funded HOME tenure type, complete the corresponding Form, & altach It to the
report. .
Project Typ~ [required]: Enler 'X" iil the box Ihal corresponds with Ihe funded
proJecl type.
Number of Units Completed {requiredl: Indicate lotal number of Rental Unlls,
Owner Units, or Homebuyer Households completed for the funded activity.
CDBn MulU-Uhlt Activity, if applicable: Provide all requested Information for bolh
charts In Ihis seclion.
Displacement Information, II applicable: Provide all requesled informalion in the
chart.
Replacement tnformation, il applicable: Provide all requesled Informalion In Ihe
charI.
..Q...<J'>~"4'~4'>-<o.-<j:'''':;''<>G\..§....§,,-t}.<><§.~o<}.<><f-<>G;-<Ao<;.~...:f,..(f.<><},..(f.,<><>'''..,§,<><f.,<>(}'
Performance Measurement & Accomplishment Information {required), all
appllcablesecllons must be compleled .
('I) Provide number of Affordable Units and respond to each inquiry -a Ihrough f -
by providing the requested Information
(2) Provide number 01 Section 50'1 Accessible Units
(3) Provide number of units qualified as Energy Slar
(4) Provide numher of units brought up 10 HOS/Local Code (Rehab only)
(5) Provide number of unils brought In compliancewilh lead salely (Rehab only)
(6) Provide number of unlls created Ihrough conversion of non·residentlallo
residential buildings (Rental Rehab only)
(7) Provide number of households previously living in subsidized housing
(Acqulsition/Construolion New liomeowner only)
Direct Financial Assistance to Homebuyers, If applicable
(1) Provide number of first-lime homabuyers and of Ihose, Indicale number Ihal
recelvod housing counseling
(2) provide number receiving Down Paymenl Asslslance/Closlng Costs
..q.,.o4'.-€>..(f.o,(}.wf,~~~..(f....n~"<f,o{}....§>o{}.";;'~~..(f....(f...(j-"o(j.~o<f,.~..(f.~
Oirec! Beneficiary Information {requiredJ -musl be completed for Ihe aclual
number of households assisted, for Ihis reporting period and the cumulative lotal.
AlsO, provide requesled Information in Ihe .Household Inc.omll Category and Olher
Beneficlary Data Seotions.
Sources I Leveraging of Funds {required}
I
Inslruclions, Definitions & Acronyms Icrealed 61301081 revised 9/5/08
Project Type [required]: Enler "X" in the box that corresponds with the funded
project type.
Measures: Acquisilion/Dlsposition and Clearance/Demolition acllvllies only·-
Enter "X" In the box that corresponds with the funded activity.
Accomplishment Units Compteted [required): Indicate the number of units
completed [Structures, Parcels, or Facilities) , number of persons served, and
number that are low/mod income
~'-<J>..(f,~o.§,~...£'oG'-o<>G\<>Q\...s..<><f>~<><'§.~&.oo&\~<><f,..m~<>(,"'<><?\~..j\o6\<><:f.,,1.O<S\
Performance Measurement & Accomplishment tnformatlon [required)
(1) Enter total oumber benefiting from the activity for the program year.
(2) Indicale if Ihe count Is by Household or Persons.
(3) Of those aSSisted, respond to each inquiry -a Ihrough h -by providing Ihe
number that benefited, and provide the totel for each section .
~...§l-<f.,...:s.-<f.,-<f.,<><f><>(i.,o.§,~o.#.~o.(J.~<>(f,~-<f.,<>Q\~o.§,<4' ... ~"'<f,..cr..<f>~<f><>(f.«f>
Direct Benefit Infonnatton [required): Beneficiary information must be provided in
this section for activities having a national objeclive of LMC, LMCMC, LMCSV,
LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit
Information section. Provide informanon for actual number of households or
persons assisted, for Ihis reporting.perlod and the cumUlative total. Also, provide
requested informalion In the Income Category and Other Benefieiary Data
Seclions;
Area Benefit tnformation [required}: If applicable for funded activity.
Note: Jobs.data should be prepared as accomplishments take place (as jobs are
created) or on a quarlerly basis, al a minimum.
Job Creation andlor Job Retention Informat!on [responses required for Ihls
Accomplishment Type)
(1) Complete the Job Creation area if the activity is expected to create jobs;
otherwise, complete the Job R"tenlion 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 cumutative 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.Oategory and Other
Beneficiary Data Sections .
(4) Number of jobs created with employor 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
-<f.,~-<f.,~~-<f.,~~~-<f.,~o.§,~~~~-<f.,~~~-<f.,-<f.,~~~~.<f>~~
e.sslstance to Businesses [responses required for this Accomplishment Type)
(1) Indlcale total number of business assisted, of that amount Indicate how many
aie 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) Indicale the number of businesses assisted with faQade Ireatment or business
building rehab
(4) Indicale the number of businesses that provide goods or services to meet the
oeeds of a service area, etc.
(5) Provide the DUNS number for each business assisted [a requirement for allY
business that receives Federal assistance)
.q,~ ... offi~~...m<>«f,<>(J..»(A'<>&,...f,...(f.<$o<,\..a:.,<>(}'~"""oQ .... <>(j\o{i..t>(}-."<$\..q..."f}....:f.<> .... ..."f...q',
Area Benefit Information [required]
Funding Sources I Leveraging of Funds [required)
Required Attachments must be provided, if applicable.
PageSof5
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
\"i:''''-~' ,.
A TT AGHMENT C
Area Ilenefit: Those activities having a national objective of LMA, LMAJI, and LMASA. Beneficiary data is reported by surveyor Census data for the
percentage oflow-and moderate-Income persons in Ihe service area. CDBG reoulations specify that 51 percent of the residents of the service area must be
LMI. Examples of area benefit activities include streeUsidewalk Improvements, water/sewer lines. neighborhood facilities, and fa,ade ImproveinOrits in
neighborhood commercial districls. .
. Census I3l0ck: A geographic area bounded by visible and/or invisible features shown on a map prepared by the U.S. Census Bureau. A block Is Ihe
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 dala presentation purposes by
a local group of census dala users or Ihe geographic slaff of a regional census center In accordance with Census Bureau guidelines.
CDBG Natlon~1 ObJectives: The aulhorizing statute of Ihe CDBG program requires Ihat each activity funded except for program administration and
planning activities must meet one of Ihree national objectives. All CDBGactivities must achieve one or more of these national objectives.
• eeneflt to low and rnoderate-income·(LMI) persons,
• Aid In Ihe prevenlion or etimination of slums or blight, and
• Meel a need having a particular urgency (referred to as urgent need), e.g., existing conditions pose a serious and immediate IhreallO Ihe health or
welfare of Ihe community.
In addition, a minimum of 70% of the CDBG program expenditures must meet Ihe LMI benefit nalional objeclive.
Direct Benefit: Those activities having a national objective of LMC, LMCMC. LMCSV, LMH, LMHSI'. LMJ, LMJFI,or LMJP. Benoflclary data Is reported by
the total number of persons or households benefiHing from an activity.
DUNS Number! Dala Universal Numbering Syslem (DUNS) number Is a requirement for any business that receives Federal assislance. If a business does
not have one, it should call.lhe DUNS number requesltine at 1-866-705:5711 to obtain a number. The process Is free and takes aboul ten minutes.
ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE 10 help us all save money and prolect Ihe environment Ihrough energy efficienl
products and practices. HUll encourages incorporation of ENERGY STAR quatified producls and practices when conducting rehabilitation or constructing
new housing. Likewise, ENERGY STAR is a dala element for energy conservation activities for the housing indicalor calegories in Ihe performance
measurement system.
Extremely Low-Income: Households with annual income less Ihan 30% of the area median income, as established by HUD. The nUh,ber of household
mehlbers Is used in the delermination.
Ethnic Categories: HUD and grantees are required 10 treat elhnicity as a separate category. "Hispanic or Lalino" and "Nol Hlspariic or Nol Lalino" are
designated as separate ethnicity categories.
• Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Cenlral American, or olher Spanish cullure or origin. regardless of raca.
The term. "Spanish origin," can be used in eddition to "Hispanic.or Latino."
• Not Hispanic or Not Latino: A ·person nol of Cuban, Mexican, Puerto Rican, South or Central American. orolher Spanish cullure or origin.
regardless of race. .
Family: All persons living in the same household who are relaled by birth, marriage, or adopllon.
Household: All persons occupying the same housing unit. The occupants may be a·slngle family, one person living alone. Iwo or more families living
logelher, or any group of related or unrelated persons who share living arrangemenls.
HOUsing Quality Standards (HQS): HQS are sel acceptable conditions for Interior living space, building exterior. heating and plumbing syslems, and
goneraf health and safety. The purpose of HQS is to determine whether a housing unit Is decenl, safe and sanitary.
Incoma: (1) Annual income as.defihed under Section 8; (2) AnnuaHncome 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 relainlng permanent jobs, at least 70 percent
of which (computed on a fulHime equivalent basis) will be made available to or held by LMI persons.
t,.ow Mod Limited Clientele (LMC): An activity carried out to meet Ihe National Objective of benefit 10 LMI persons. Activities under the LMC category must
meet one of Ihe following criteria:
• Benefit clientele Ihat is generally presumed to be principally LMI (abusedchildren,.ballered spouses, elderly persons, severely disabled adults,
homeless persons, Illiterate adulls, persons living with AIDS and migrant fann workers); or
• Require documentalion on family size and income in order 10 show thai at lea8170 percent of the clientele are LMI; or
• Have income eliglbllily reqUirements limiting the activity 10 LMI persons only; or
• Be of such a nalureand in such a location that it can be coneiuded Ihat clients are primarily LML
Low Mod Income Area Benefit (LMA): An activity carried out to meel Ihe National Objective of benefit to LMI persons Ihat benefits all residents in a
particular target area. where at least 51 percent of Ihe residents are LMI persons. .
Low and Moderate Income (LMI): Low and moderale income means family or household annual income less Ihan Ihe Section 8 Low Incorno Limit,
f10nerally 80 percenl of the aiea median income, as established by HUD. .
Low-tncorne Household/Family: A household/family having an income equal to or less than Ihe Section 8 Very Low Income IImil (50% of the area median
income) as eSlablished by HUD.
Low Incol]1e, Households with annual income less than 50% of the area median income, as established by HU[1.
LoW Mod Housing (LMH): An activity carried out to meet Ihe Nalional Objective of benefit to LMI persons/households. e.g., acquisition. construction, or
improvem<mt of permanent, residential structures wilich, upon completion, will be occupied by LMI households.
Matrix Codes: The malrix code Indicates how the activily is eligible under CDBG regulations, it generally identifies the purpose for which assislance was
provided, and determines the Iype of accomplishment units that should be reported. .
Mlcroenterprise: A business that has five or fewer employees, one or more of whom owns the enterpnse.
Moderate-Income Household/Family: A household/family having an income equal to or less than Ihe Section 8 Low Income limit (80% of area median
Income) eslablished by HUD, but grealer Ihan Ihe Section 8 Very Low Income limil (50% of area median income) established by HUD.
In.tmcilons, Definitions & ACronyms [crealed 6/30/081 revised 9/5/08 Page 4 of 5
QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENTC
INSTRUOTIONS. DEFINITIONS & ACRONYMS
Objectives: The objeclives 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 Opportunilies.
Outco/11es: The program outcome helps fwther refine Ihe activity's objective and caplures the nalure of Ihe type of change sought or Ihe expected result of
Ihe activl!y. Thera are three possible oulcomes: 1) Availabilily/Accessibility, 2) Affordabillly, and 3) Sustainabilily.
Period of Affordabllity: The number of years a homeowner or homebuyer musl reside In and relain ownership of an assisled housing unit before Ihe unil
may be sold withoul penally to the homeowner.
Program Income: Any gross income received by Ihesub recipient Ihat was directly generated from Ihe use of CDBG funds (24 CFR 570.500(0».
Raolal Categories: HUO dala requesls for racial Information provides Ihe opllon of selecting one or more of nine racial categories 10 identify Ihe raGial
demographics of the individuals and/or the communities Ihey serve, or are proposing to serve.
1. Ameriean Indian or Alaska Native. A person having origins in any of Ihe original peoples of North and Soulll America (including Cenlral America),
and who malnlains Iribal affiliatIon or communily altachment. .
2. Asian. A person having origins in any of Ihe original peoples of the Far East, Soulheast Asia, er Ihe Indian subcontinenl inl'luding, for example,
Cambodia, China, India, Japan, Korea, Malaysia, Pakislan, IhePhilippine Islands, Thailand, and Vlelnam. .
3. Black or African American. A person having origins in any of ttieblack racial groups of Africa. Terms such as "Hallian" or Negro" can be "sed in
additIon to "Black or African American." .
4. Native Hawaiian or Other Pacific Istander. A person having origins in any of Ihe original peoples of Hawaii, Guam, Samoa, or other Pacific Is"~nds.
5. White. A person having origins In any of the onglnal peoples of Europe, Ihe Middle Easl, or Norlh Africa.
6. American lodian or Ataska Native 8. White. A person having these moltIple race heritages as defined above.
7. Asian &Whltc. A person hilvlng these multiple race heritages as defined above. a. Black or African American & White. A person having Ihese mulllple race herilages as defined above.
9. American Indian or Alaska Native & Black or African American. A person having Ihese mulliple race heritages as defined above.
10. Other Multl·Racial. A person reporling multi-race herllages notfncluded in any of Ihe olher nine calegories lisled above, and that have a lolal counl
.Iha.! exceeds one percenl ollhepopulallon served.
SecUon 504: Seclion 504 of the Rehabililallon Acl of 1973 prohibils discriminallon in Federally assisted programs on Ihe basis of handicap. II impos".
requiremenls to ensure Ihal."qualified individuals wllh handicaps" have access to programs and activities Ihal receive FedorEli funds. Minimum requiremenls
include, bul ~re nollimiled 10: 1) Removal of Physical Barriers, 2) Provide Program Accessibillly, 3) Make Employmenl Accessible, and 4) Admlnislrative
RequlremenlS. .
Sub recipient: An entily that assisls the recipienllo implement and administer lis program. Sub recipients are generally nonprolll organizations thai assist
the recipient 10 undertake one or more activilies on behalf of the gran lee. such as administer a home rehabililallon loan poot or manage a job-Imlning
program, Sub recipienls are also referred to as sub granlees. .
Survey: The survey Inslrumenl and melhodology must be approved by HUD for Ihe purpose of eslablishing Iho percenlage ofLMI persons in a service area.
A survey musl meet slandards of stallsllcal reliability Ihal are comparable 10 Ihal of Ihe Decennial Census dala for areas of similar size. Additional guidance
is available In CPO Nolice 05.-06.
I""truclinns, Definilinns & Acronyms [crealed 6/30lOBI revised 915/0B Page 5 of5
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. Asa grant or loan "ecipient,
Miami·Dade County will not fund projects that will negatively impact clients, communities, or
the environment.
Pali I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
o CDBG o HOMELESS (SRO/SHP)
2. Indicate Fiscal Year: FY 20 __
3. Name of SubrecipienlJAgency:
o HOME
DEDI
o HOPE VI o BEDI
------_ .•. _------------------
4. Name of Proposed Activity:
5. LOG,<!tion (Address with City, 8T and Zip of Activity or Project:
~ ___ ~ ------.-f.-------.--._~ __ ~--
( _Sit~oIiO NUmber(S): __ ._.-==-_. ____ -l-___________ -__ ==--=--=~ _j
"T. Commission District(s):
8. Direot Contact info_rm_a_tio_no_f I~an/grant recipient:
Nam~~e::..: ____ ~
_Ad_df_es_s: ------.--------;r-=-c-,---C~_. ____ ._...lI.::S~ta~te.:..: __ ~ ___ =r~: __ .___ -
F_)ho_n~._.___ I Fax: . __ . __ . __
Form Revised 1Q/12i07
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
Wi II the activitv or Droiect result in the following?
I---YES _ !--NO
1. Change in use
2. Su_b-surface alteration (Le. excavations)
3. New construction ----
-----
--
4. Renovation or demolition ______
5. Site improvements (utilities, sidewalk, landscaping, storm
----drainage, parking areas, drives, etc.) --
I--6. Building improvements (windows, doors, etc.)
f----7. Displacement of persons, households or business
8. Increase in population working or living on site --9. Land acquisition
10. Activity in 100-yearfloodplain
11. A new nonresidential use generating at least 1,375,000 gallons of
1-----:--water or 687,500 gallons of sewage per day.
12. Use requiring operating permit (Le. for hazardous waste:----
--. pretreatment of ~ewag~~
1----f------13. A sanitary landfill or hazardous waste disposal site
~. Tree removal or relocation .• -----~-
15. Street. improvements
16. The impounding of more than 10 acre feet of water (e.g. digging a
-lake or diverting or deepening of a body of wa~_. ________
2
Part III. 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 Q[La site of.Qne f1l
acre QLmore? 0 YES D NO
If yes, a site plan must be provided. Project(s} wilLDot be environmentallyreviewed Without q
site plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
DYES D NO
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? DYES D NO
• Estimated age of structure(s)?
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
DYES D 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:
D 0 to 39,9 percent of the market value of the structure(s)
D 40 to 49,9 percent of the market value of the structure(s)
D 50 to 74_9 percent of the market value of the structure(s)
D 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?
DYES D 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? DYES D NO
6. Environmental Health Information:
.. If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
DYES D 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 iii the
body?
DYES D NO
If yes, please submit the results.
1
2
.3
4
7. Other Site Information:
--'---"-~
. Flood insurance requirE)d?
Public water available on site?
Public sewer available on site? --Childmn under 7 years of age residing on
site or relocating to site (including day care facility)?
Hazardous wast~J!l~Q.Clsal facility?
Storage of hazardous materl'!h~ on site?
YES __ NO --
---
--
--5
6
7 :.. Abandoned structure(s) on site? -. '-----------
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For alt projects: §ubmit streeUplat 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, I 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 approvlld
enVironmental reviews are valid for one (1) year maximum.
I'rint Name Signature
-Name of Organization or Corporation
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
5
Title
Date
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity EXEMPT* CENST**
Econo mle Development
New Construction
Rehab
Non-Construction/Exeansion X
Housin 9
Single Family Rehab
Multi-Family Rehab
New Construction
Homeownership Assistance X
Afford_able Housing Pre·Dev. X
Capita I Improvement
Handicapped Access
Public Facilities
Infrastructure
Public Services
Employment X
Crime Prevention X
Child Care X
Youth or Senior Selvices X
Suee0rlive Services X
Type of Publication No Public No Public
Notice/No Notice/No
RROF RROF
--------
flitimated Time Frame (ExcludIng 30-45 Days 30-45 Days
Tri ered Slalules)
X' If for continued use and change in density (or size) of less than 20%
X2 Change In density (or size) of more than 20%
* Exempt
CENST
CEST
EA
Exempt Activities
Categorically Excluded and Not Subject to 58.5
Categorically Excluded Subject to 58.5
Environmental Assessment (Format II)
6
-CEST*** EA* *** ----
X
X' X2
X
X' X2
X
X
X' X2
X' X2
~-
No Public Notice/No Publish
RROF (No Slalulory FONSI and
Requiremenl Triggered) NOI/RROF
Or
Publish NOI/RROF
(Slalulory Requirement
Triggered)
-----
_ 45-90 Days 90 Days ]
Mlnimt!~_
ATTACHMENT E
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, I,oans and Cooperative Agreements
The undersigned celiifies, to the best of his or her knowledge and belief, tbat:
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, 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 cOlUlection 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 cCltification be included In
the award document~ for all subawards at all tiers (including subcontracts, sub grants,
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 transaetion was made or entered into. Submission of this celiification 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 $]0,000 and not more than $100,000 for
each such failure.
By:
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This Form to he Faxed to: 305-375-1125
Attelltion: Michael O. Smart
ATTACHMENT F
Sigh :location addreas
Plus:, specifli.c locatlol1 of sign placement 1-------
l _______________ ~~ ~ ___ ~ __ ,