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Res. No. 142-09-12951
RESOLUTION NO.: 142 -09 -12951 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC CENTER (SWIMMING POOL) CONSTRUCTION, THEREBY INCREASING THE AMOUNT OF FUNDING FROM $556,911.00 TO $756,911.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami was awarded a grant for swimming pool Construction Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the City of South Miami is being awarded an additional $200,000.00 from Miami - Dade County's Office of Community and Economic Development for the Swimming Pool Construction Phase through a grant agreement amendment; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County Office of Community and Economic Development for Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from $556,911.00 to $756,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County's Office of Community and Economic Development for Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from $556,911.00 to $756,911.00. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 1 st ATTEST: CITY CLERK . ....� CITY ATTORNEY �. Include File Name and Path day of September , 2009. APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer: Yea Commissioner Sellars: Yea South Miami A8- Ameri6aCttg f r CITY OF $OUTH MIAMI m �NCOR9PZ RATFDRATED B A OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager From: Carol M. Aubrun, Grants Writer and Administrator Date: September 1, 2009 Agenda Item No.: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC CENTER (SWIMMING POOL) CONSTRUCTION, THEREBY INCREASING THE AMOUNT OF FUNDING FROM $556,911.00 TO $756,911; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the City Manager to execute a grant amendment with Miami -Dade County's Office of Community and Economic Development for Murray Park Swimming Pool Construction. Background: In 2004, the City of South Miami conducted a feasibility study for a pool facility. The study concluded with several options for a pool to be located at the Bethel Gibson Community Center (Murray Park) within the Community Redevelopment Area. The project was added to the City's Capital fmprovement Plan, which is adopted annually by the City Commission. The City has completed and submitted two (2) applications for funding to Miami -Dade County's Office of Community and Economic Development (OCED) for Pool Design and Construction, respectively. During 2008, the City was awarded funding for the design phase of the project in the amount of $276,000.00. Subsequently through the 2009 Action Plan process, the City has been awarded a grant in the amount of $556,911.00 for the construction phase of the project. Recently, the City has been contacted by OCED for a pending contract award amendment for an additional $200,000.00, which stems from the ACED Community Advisory Committee (CAC). The CAC is allocating their prior years' allocation to the project bringing the total award amount to $756,911.00. The attached resolution will allow the City Manager to execute the grant agreement amendment with OCED for the swimming pool Construction. Cost: N/A Funding Source: Of Backup Documentation: ❑ ❑ rice of Community and Economic Development Proposed Resolution Amendment Documents Notification Letter Previous Resolution, Existing Contract Packet & Feasibility Study R4. r y, Carlos Alvarez, Mayor August3,2009 Mr. W. Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. 1st Court • 14th Floor Miami, Florida 33136 T 786 469 -2100 F 786- 469 -2236 miamidade.gov Re: Amendment One to the FY 2009 CDBG Contract - $756,911 (Murray Park Aquatic Center — Construction Phase 1) Dear Mr: <Balogum This letter accompanies the Amendment to the FY 2009 Community Development Block Grant (CDBG) contract between your agency and Miami -Dade County. That agreement covers the $756,911 award that the Board of County Commissioners approved for your agency's Individual Development Accounts activity on October 27, 2008 through Resolution #1127 -08 and July 2, 2009 through Resolution #R- 914 -09. The individual authorized legally by your agency's Board must sign and date all seven counterparts and the Certification Regarding Lobbying form included in each contract. Do not date the sentence that begins "IN WITNESS THEREOF, the parties hereto,,." This will be completed by OCED. Your organization's corporate seal must be affixed to all copies returned to OCED, You must return six of the seven contract copies to your current Contracts Officer, Letitia S. Goodson, by August 10, 2009. Please ensure that you meet that deadline to prevent any delays in the execution of your agency's agreement or the processing of payments for the expenditures of your projects. 1. Envrionmental Review Submit those documents along with the signed agreements to our office by August 10, 2009. The following items contain the federal and OCED regulations, policies, and procedures that apply to your agency's agreement:. X Contract Compliance Manual X OMB A -122 X Revised CDBG Regulations (24 CFR Part 670) TOMB A -133 X OMB A -110 X F.S. 607.124 Contract Transmittal — City of South Miami (Murray Park Aquatic Center— Construction Phase 1) Amendment One to the CDBG FY 2009 Contract Page 2 Please be mindful of the updated contract terms, Paragraph W. Subcontracts and Assignments which states the following: The Awardee shall ensure that all subcontracts and assignments: 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 h, ttps•lAvww.epis.gov/ Awardee shall provide to OCED a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami-Dade County's debarred Contractor's .List; Awardee shall, at a minimum, check at miamidade govfsbalreports debarment to determine if a person or entity is on Mtaml -Dade County's debarred contractor's list, Awardee shall provide OCED with a printout copy of the site page that Indicates the name and the date it was checked. U If you have any questions regarding the agreements or the project's budget, contact Ms. Goodson at (786) 469 -2220. incerely, Sonia Colon Team Leader Project Management Unit SC:Isg Enclosures (7) Cc: Central File- FY 2009 CDBG — City of South Miami (Murray Park Aquatic Center — Construction Phase 1) AMENDMENT ONE TO THE FY 2009 CDBG CONTRACT BETWEEN THE OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT AND CITY OF SOUTH MIAMI This agreement entered into between Miami -Dade County, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to as the "Awardee" executed on March 30, 2009, is amended as follows: The Awardee and OCED Agree: A. Effective Date: 1. This agreement began on January 1, 2009.. Any costs incurred by the Awardee prior, to this date will not be reimbursed by the County. This agreement shall now expire on December 31, 2010. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additional time period during which the Awardee remains in control of the CDBG funds or other assets, including Program Income to support CDBG eligible activities. Any extension made pursuant to this paragraph shall be accomplished by writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This amendment shall reflect a new total of $756,911.00. This agreement may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section Il, Paragraph Y, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. The effective date for this amendment is June 30, 2009. Except for any changes enumerated above, all provisions of the contract shall remain in full force and effect. This Amendment and all its attachments are hereby made a part of the Agreement. Murray Park Aquatic Center— Construction Phase I Contract Date: 1101109 — 1213111 0 IN WITN S THEREOF, the parties hereto have caused this two (2) page amend nt to br'7X� u ed y their undersigned officials as duly authorized, this day 2009. AWARDEE: MIAMI -DADE COUNTY City of South Miami BY: BY: NAME: v3- A:,I _oLA R)PLLCjUt_l NAME: TITLE: TITLE: City Manager DATE: 9-9-0q NAME DATE Witnesses: BY: %A 0M ATTEST Cop oc fox TITLE: Clerk„Boakd of Y) h. (Signature) eviewed by Maria M. Menendez Suffciency Type or Print Name BY: &4 - f Signature) IM I q. an Type or Print Name Federal ID Number: 59- 6000431 Resolution #: R- 1127 -08 and R- 914 -09 Awardees' Fiscal Year Ending Date: 9/30 CORPORATE SEAL: .. w,,.., Commissioners Miami Dade County Attorney for Legal AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 2 ATTACIDIENT A y ♦ � + Y iY, City of South Miami CDBG FY 2009 Scope of Services January 1, 2009 — December 31, 2010 1. - ACTNITY TITLE: Murray Park Aquatic Center — Construction Phase 1 2. - ACTMTY DESCRIPTION: Capital Improvements — Public Facility 3. - APPROVED BY BCC: $756,911 4. - SOURCE: CDBG 2009 5. - HUD INFORMATION: 5a. — HUD matrix code: 03F 5b.— Title: Neighborhood Facilities 5c. — Eligibility 570,201(c) -- 6. - ACCOMPLISHMENTS: 6a. — Number of Units: 1 6b.—Type: Facility 7. - NATIONAL OBJECTIVE: 570.208(A)(1) — Low/Mod. Income Area (LMA) 8. - ACTIVITY ADDRESS: 5800 S W 66'" Street (Marra Parlc) — Miami,Florida 33143 9. - LOCATION: City of South Miami ➢ CO: Letitia Goodson PLANNER: Winston Parkinson Attachment S SOURCES OF OTHER TOTAL AMOUNT FUNDING $50,000 CRA CITY OF SOUTH MIAMI Murray Park Aquatic Center Construction - Phase I COBG FY 2009 SUMMARY BUDGET JANUARY 1, 2009 - DECEMBER 31,200 PRIOR YEAR FY 2009 FY 2009 NON•OCED FUNDING (Pool DOM n CD035C08CI Plan Amendment FUNDING TOTAL CATEGORIES 1. Personnel $16,363 $14,500 $0 $0 $30,863 .ILCOntractuat Services $259,637 $40,500 $0 $0 $300,137 tIS.Operating Services $0 $0 $0 $0 $0 IV. Capital Outlay $276,000 $501,911 $200,000 $50,000 $1,027,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING $50,000 CRA Attachment B CITY OF SOUTH MIAMI, ING CQBG FY 2009 Murray Park Aquatic Center Construction. Phase I DETAIL BUDGET .lanuary 1.2009 thrU December 31, 2010 SOURCES OP OTHER TOTAL AMOUNT FUNDING $50,000 ORA MIAMI -DADE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grantor loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part 1. AGENCY AND PROJECT DETAIL 1, Indicate Funding Source: ❑ CDBG ❑ HOMELESS (SROISHP) 2. Indicate Fiscal Year: FY 20_ 3. Name of Subrecipiem/Agency: 4. Name of Proposed Activity: ❑ HOME ❑ HOPE VI ❑ EDI ❑ BEDI 7, Commission Distdct(s): Form Revised 10N7107 9. Detailed description of activity or project: 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11. What is the status of activity or project? For example, Pre - Development Phase, Rehab /Construction Underway, Rehab /Construction Completed, etc. Part II. PROJECT OUTCOME Will the ti 't ect result in tf e ac ivi or pro YES IC NO IVIIVYYitly t 1. Change in use 2. Sub - surface alteration (i.e. excavations) 3. New construction 4. Renovation or demolition 5. Site improvements (utilities, sidewaik, landscaping, storm draina a arkin areas, drives; etc. 6. Building improvements (windows, doors, etc.) 7. Displacement of persons, households or business 8, increase In population working or living on site 9. Land acquisition 10. Activity in 100 -year fioodplain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 9 atIons of sewage per cla y. 12. Use requiring operating permit (i.e. for hazardous waste, retreatment of sewa e, etc. 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. street improvements 16. The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a bod of wate). 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 on a site of one 0 acre or more? ❑ YES ❑ NO 3. Photographs: Does the activity Include new construction, renovation or rehabilitation? ❑ YES ❑ 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? ❑ YES ❑ NO Estimated age of structure(s)? A. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ' ❑ NO 3 If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? In addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures` market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for Information on hazardous waste sites, hazardous facilities, solid waste /landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? ❑ YES ❑ NO 5. Environmental Health Information If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ NO If yes, please submit the results. Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO If yes, please submit the results. 4 7. Other Site Information: Part IV, SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and /or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. (understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and/or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title 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 Date YES NO 1. Flood insurance required? 2. Public water available on site? 3, Public sewer available on site? 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste disposal facili ? 6. Storage of hazardous materials on it 7. Abandoned structures on site? Part IV, SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and /or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. (understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and/or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title 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 Date TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Apt! vit EXEMPT* CENST** CEST*** EA * * ** Economic Development Notice /No Notice /No RROF (No Statutoryy X New Construction RROF RROF X' X2 Rehab Or Non-Construction/Expansion X Publish N01/RROF (Statutory Requirement Housing X Single Family Rehab Xi X2 Multi- Family Rehab X New Construction Homeownership Assistance X Affordable Housing Pre -Dev. X Capital improvement X Handicapped Access X X2 Public Facilities X' X2 Infrastructure Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services I X Type of Publication No Public No Public No Public Notice /No Publish FONSI Notice /No Notice /No RROF (No Statutoryy and RROF RROF Requirement Triggered) NOI/RROF Or Publish N01/RROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30 -45 Days 30.45 Days 45 -90 Days Mla mum Ttiggrared Statutes 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 Exempt Activities ** CENST Categorically Excluded and Not Subject to 58.5 * ** CEST Categorically Excluded Subject to 58.5 ** * EA Environmental Assessment (Format II) 11 Carlos Alvarez, Mayor July 21, 2009 Mr. W. Ajibola Balogun, City Manager City of South Miami. 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. 1st Court • 14th Floor Miami, Florida 33136 T 786 - 469 -2100 F 786 -469 -2236 ,sii 's=: ,F % JUL I',8 2009' Re: FY 2009 Community Development Block Grant Funds (CDBG) Program miamidade.gov Dear Mr. Balogun: Congratulations! On Tuesday, June 30, 2009 the Board of County Commissioners (BCC) approved an Amendment to the Office of Community and Economic Development's (OCED) FY 2008 -20102 years ConsolFY 2008 atio FY Plan, he action in o ved the award are as follows: of CDBG and HOME funds for the Activity Title: Category: Source: Approved Amount: a Murray Aquatic Center Capital Improvement CDBG+ 2008 $100,000 Activity Title: Murray Aquatic Center Category: Capital improvement Source: CDBG 2009 Approved Amount: $100,000 In an effort to initiate the contractiamendment preparation and execution process, please fill out and return the following documents and your agency's resolution accepting the funding (see enclosed samples) by Friday, July 24, 2009: Detailed and summary budgets as per format provided; Scope of services as per format provided; Please be advised that prior to any expenditure of CDBG funds a U.S. HUD environmental clearance must be issued by OCED. Also, quarterly progress reports are required. Funds not expended within the contract report are subject to recapture. Please contact your contract officer, Letitia Goodson at 786 -469 -2100, if you have any questions about these documents or if you need technical assistance. in rely, ngle W to Jack, Director Community and EcccccddYYYYnomic Development Division TWJ:sc:ed Enclosures RESOLUTION NO,: 55 -09 -12864 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT AGREEMENT WITH MiAMi -DADS COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR AQUATIC CENTER CONSTRUCTION IN THE AMOUNT OF $566,911.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been awarded a grant for Aquatic Center Construction Phase in the amount of $556,911.00 from Miami -Dade County's office of Community and Economic Development; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami - Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute. the grant agreement with Miami -Dade County Office of Community and Economic Development for Aquatic Center Construction Phase in the amount of $556,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Sectio 1: The Mayor and City Commission authorize the Cfty Manager to execute the grant agreement with Miami -Dade County's office of Community and Economic Development for Aquatic Center Construction Phase in the amount of $556,911.00. Section _2;. The attached exhibit Is incorporated by reference into this resolution. PASSED AND ADOPTED this day of _ �(y 2009. ATTEST: � �iTY CLERK d READ AND APPROVED AS TO FORM: Y ATTORNEY Include Flle Name and Path APPROVED: MAYOR COMMISSION VOTE: 3-1 MayorFoHu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Nay Commissioner Palmer absent: Commissioner Beckman: Yea Carlos Alvarez, Mayor April 1, 2009 Mr. W. Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. istCourt , 14th Floor Miami, Florida 33136 T 786 -469 -2100 F 786 - 469 -2236 Re: Community Development Block Grant FY 2009 Contract - $556,911 Murray Park Aquatic Center — Construction Phase I Dear Mr. Balogun: miamidade.gov Enclosed is an executed copy of the CDBG FY 2009 Contract between the City of South Miami and Miami -Dade County for your agency's Murray Park Aquatic Center — Construction Phase I. The effective term of this agreement is from January 1, 2009 through December 31, 2010. Your staff must ensure that the Office of Community and Economic Development receives the reports and other required documents identified,in the contract by the required deadlines. to avoid suspension of funds, If you have any questions, please contact me at 786- 469 -2220, Sincerely, Letitia S. Goodson Contracts Officer :Isg Enclosure Index Code: CD635C08CI c: Central File: CDBG FY 2009 — City of South Miami (Murray Park Aquatic Center — Construction Phase I) CDBG FY 2009 Municipality FY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF SOUTH MIAMI This contract is entered Into between Mlaml -Dade County, hereinafter referred to as the "County" and the City Of South Miami, A municipal government organized under the laws of the State of Florida hereinafter referred to as the "Awardee ". The parties agree: I. Definitions OCED 24 CFR Part 570 - CDBG Low -and Moderate - Income Person Contract Records Federal Award Office of Community and Economic Development or Its successor Department Federal regulations implementing Title I of the Housing and community Community Development 974, as amended - Block Grant A member of low- and moderate4ricoms family i.e., a family whose income,is within specified income limits 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 ycarrying out the duties and obligations r oblig tons equlredt n by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Any federal funds period of time in which the Awardee Is source during the performing the obligations set forth in this contract. Recipient of CDBG funds from Miami -Dade County Awardeo Subcontractor Subcontract Any individual or firm purpose k hired purp Awardee for the of performing work or functions cited on the Action Step Format (Attachment "A -1 1 of this contract. Any contractual agreement between a Subcontractor and the Awardee Murray Park AquatContraic 109 - IZ131110 III The Awardee Agrees: A. Type of Activity The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. B. Insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. C. indemnification The Awardee shall indemnify and .hold harmless any County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or Its officers, employees, agents or instrumentalities may, incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or Its employees, agents, servants, partners, principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, Including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may Issue thereon. Provided, however, this indemnification 'shall only be to the extent and within the limitations of Section 766,28 Fla stat., subject to the provisions of that Statute whereby the Awardee shall not he held liable to pay a personal Injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claim's or judgment paid by the Awardee arising out of the same incident or occurrence, ee claims, liabilities, losses or from any and all personal injury or property g. provisions of this section survive the t the terminationor expiration The causes of action which may ion of his agreement. D. Documents The Awardee shalt submit documents to OCED as described below or any other document In whatever form, manner, or frequency as prescribed compliance OCEwithhese this will be used for monitoring progress, contract and for compliance with applicable County and Federal requirements. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A, "S'cope of Services -" The Awardee shall ensure that OCED receives each report In tri �l�t? (or as indicated) no later than April 10, 2009, July 10, 2009, October 9, 2009, January 8, 2010, April 10, 2610, July 10, 2010, October 9, 2010 and January 8, 2011. b. Quarterk.Reporti—na when Subcontractors are Utilized Awardees are advised that when subcontractors or sub - consultants are utilized to fulfill the terms and conditions of this contract Miami- 2 Dade County Resolution No. 1634 -93 will apply to this contract. This resolution requires the selected Awardees to file quarterly reports as to the amount of contract monies received from the County and the amounts Hispanic Land oWom Women-Owned businesses Aperforminlg directly o lathe contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For. purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to OCED a cumulative account f Its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardea 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 applicable) for each federally defined ethnic category. Awardees engaged in construction and/or housing rehabilitatlon projects shall report on the progress of their activities Including the number of housing units completed and occupied by low- moderate and low i Information on each ead of household. Each goal and correspond ni -head objective(s), as indicated In the approved Scope of Services, must be addressed as part of this report. Section li - Fiscal information: The Awardee must report expenditure information based on approved budgeted tine items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program income Usage for each contracted activity. Section III - Minority Business Enterprise: Contract and Subcontract Activity Report (First and Third Quarter Progress Report)- The Awardeo 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 10 submitted and October 9, later 2010 than April 10, 2009, October 9, 2009, April Section IV - Neighborhood Employment Opportunities:. Neighborhood Employment Opportunities Report and Third Quarter Progress Report) -The Awardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed ssisReport rejects shall be submitted The Neighborhood Employment opportunities C using tltomayProgress be revised, d. Form Thisasectlon of hereto heaform Seotlon In shall be completed Attachment omplet d semiannually by the Awardee and submitted to ocED no later than April 10, 2009, October 9, 2009, April 10, 2010 and October 9, 2010. The Awardee shall submit to the County, in timely man erd any is other information deemed necessary by the presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports t other info action in a manner satisfactory to the County by the due e the Awardee In noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be takem C. oat on Unspecified to cartry out anytof the factivit Awardee has not yet Identified a 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 the contained ove described d Section Progress Report shall this shall bereceived by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required If the Awardee aragraph submitting the, Progress Reports required by e DA.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report). The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section Ii, Paragraph D.1.a. above, which shall describe the progress made by the Awardee in achieving each of the objectives Identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2009 through December 31, 2009 and shall be received by OCED no later than January B, 2010 and January 1, 2009 through December 31, 2009 and shall be received by OCED no later than January 9, 2011, 3, Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspected Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article 11, Section E.B. of this contract set forth below, The contained n Attachment E,f informationi t forEnvironmental Review In 4. Audit Report - The Awardee shall submit to OCED an annual audit report in triplicate as required by Section Ii, Paragraph I of this contract as set forth firm to confirm that t has cleared any non- ormpliance issues stated in the audit, and E. 5. 5. applicable provisions of 24 CFR Part 84 26, Pthat rt 85.26 and OMB A,133. all personal and Awardee �ea1 p opertypu chased with h CDBG annually funds from t i his and previous agreements with the County as specified in Section 11, Paragraph Q of this contract relat vetto the ction of employment opportunities whenOeverDsonrequested by OCED. Participation in the CDBG Program The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: M 2. 3. 4. S. 11 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. 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 hole or 69%0 rt and moderate-Income with nIs , n activity which provides benefit to no less The Awardee shalt comply with all applicable provisions of 24 CFR Part 670 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. The Awardee agrees to comply with (a) the Uniform Relocations Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 57 o.6e06(Resident 1 requirements of 24 CPR 670.606. (c) governing Antidisplacement and Relocation Assistance plan under section governing 104(d) of the HCD Act; and (c) the' requirements in 670.606 (d) g ve relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitalon, demolition or conversion for a. CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. For each activity or portion of activity described In Attachment A hereto for which a immediately location after has site t yet been identified, he Awardee ,d OCEDas 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 The Awardee shall make a good residents of the affected area faith TheAwardes shat cooperate with OCED in Informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract. Representatives of the Award" 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 Awdee shall, to income a residents of t the service areas p o opportunities for training rand employment. 8. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and /or Industries, the Awardee shall submit a written notification to the Urban ng Development Unit of OCED prior to relocating, evacuating, /or diof ersing any and all legal occupants who reside at this property on the or short term lease When shIn legality question, occupant the business, and/or industry} i above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 60 and/or part 58 and to the rues and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 9. e adopt CD13G assistedp oje ts. These pros d resrmustuconsist,of actions n for to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -362 and Public Law 90 -284 successfully meet these requirements. The Awardee shalt submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Awardee shalt successfully complete the Community Development coursework conducted by the Local initiatives Support Corporation, which will be held at Florida International University notification toe OCED, tno later han s perd. The 30 days afterthehcoi written completion Of the coursework. This requirement may be waived In the sole discretion of OCED e of real estate ent and for Awardees who demonstrate kno shalt consider su h waiver upon organizational management- theory. OCED 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 acttvity. 12. requirements as all escribed With 24 CFR applicable uniform administrative 70.602 F. Federal, State, and County Laws and Regulations #, RULES, REGULATIONS AND LICENSING REQUIREMENTS The Awardee shall comply with all laws, ordinances and regulations The applicable to the services contemplated herein, especially those app are presumed to be familiar with conflict of interest and collusion. Awardees ail Federal, State and local laws, ordinances, codes, rules and regulations that may In Order No, 11246 entitled tEgal Employment opportunity" and especially s amended by Executive Order No. 11375, as supplamented by the Department of Labor ith Disabilities Act of 1990 and Regulations (41 CFR, Part 60), the Americans w implementing regulations, the Rehabilitation Act of 19730 as amended, Chapter 663 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with 24 CFR Part 85, OMB A-128, OMB A•87, and with the applicable procedures specified in OCED's Contract Compliance Manual. which are incorporated herein by reference, receipt Of which is hereby acknowledged, and as they may be revised. 2. The Awardee shall comply with Section 604 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, theaCivildR Rights which A t of 1968, s a� nided,ta d Executive Ordara11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal (P employment 94- 163)pwh which requires with andatory standards and policies Conservation lating to energy efficiency. The Provider also agrees to comply with the Domestic Violence Leave codified as 11A -60 at seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (60) or more employees working In Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voidingermi againstfireProvidernt or for commencement of debarment proceedings 3. if the amount payable to the Awardee pursuant to the 'ter wsth of tail contract Is In excess of $100,000, the Awardee shall comply standards, orders, or regulations, Issued pursuant the Federal 06 of the Cl an Air Act of 1970 (42 U.S.C. 1857 h), as amended; Control Act (33 US.C.1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Com ilance with Section 604 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. S. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and subhquird Disability Non discrimination Affidavit assuring compliance with all applicable requirements of the laws ilsfed 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. ffirmative . ActienrNOn' $up ......... - Procurement Practices (Ordinance #98 -30) - AI! firms with annual gross revenues in excess of $6 m8.. —, seeking to contract with Mlaml•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 proposalstbids to be flied with the Clerk of the Board, an appropriately completed and signed Directors representative m ls Action tn ative of the population Affidavit. Firms ake -up of the Boards ector are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. it will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7. Domestic Violence Leave Affidavit: Prior to entering into any contract with the Couty, a firm desiring to do business with the County shall, as a condition of award, certify that it Is in compliance with the Domestic Leave Ordinance, 99.5 and Section 11A -60 of the Miami -Dade County Code. This Ordinance applies to employers that have, in the regular course of business, fifty (60) or more employees working In Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. in accordance with Resolution R- 186 -00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter Into a contract with any firm'that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R- 185.00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and/or the firm being debarred. 8. Code of Business Ethics: in accordance with Section 2- 8.1(1) of the Code of Mlaml -Dade County each person or entitly that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ode "^ n d s half 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this contract shall be terminated on the discretion of Miami-Dade County. Further, should the Awardee be placed on the list at any .time during this contract Miami -Dade County shall have the right to terminate this agreement 10. CRIMINAL CONVICTION Pursuant to Miami -Dada County Ordinance No. 94 -34, "Any individual who as been convicted oint venturfelony r other legal past ntity having ng an officer, director, oor partnership, j ears shall executive who has been convicted of a felony during the past ten y into a contract with or receiving disclose this information prior to of the Awardee to disclose his information funding from the County.' as required may lead to the termination of this. agreement by Miami-Dade County, if any attesting firm, or any owner,,subsidfary, 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 sed i wit uponffaer bsei afffdavith asClisted tbelow,nandn submittedapursuant toathis no resolution shalt be voidable by the County: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 44. is. 16 Miami -Dade County Ownership Disclosure Affidavit Miami -Dade Employment Family Leave Affidavit Miami -Dade Employment Drug -Free Workplace Affidavit Miami -Dade Employment Disclosure Affidavit Disability Nondiscrimination, Affidavit Criminal Record Affidavit Public Entity Crime Affidavit Related -Party Disclosure information Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes Affirmative Action Affidavits Current on all County Contracts, Loans, and Other Obligations Affidavit project Fresh Start Affidavit Domestic Violence Leave Affidavit Code of Business Ethics Affidavit Financial and Conflicts of Interest Affidavit Collusion Affidavit if any attesting firm violates any of the Acts below during the term of any contract avan if the attesting firm wasenot in violation voidable County, such contract Shall be such firm has with lation atthe time it submitted Its affidavit, The applicable Acts are as follows: 327, 42 U.S,C.12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 1, The Americans with Disabilities Act of 1990 (ADA), Pub. L, 101.336, 104 Sta Services operatediby PrivateeEntities; TitllelIV ,iTelecoimmuniationstand 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.G. Section 1612; 4, The Fair Housing Act as amended, 42 U.S.C. Section 3601.3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable rovisloneshalllbe including but not limited to, 24 CFR 570, only the conflicting p 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 rovi sions of this under this contract, as modified, shall continue and all det rr p tlon on whether contract shall remain in full force and effect. The County's a provision conflicts shall be final and binding. f{, construction if the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to. receive compliance Information. 2. Comply pocedureshwhich, atras minimum, sshall adhere eto all applicable n the Awade's ablefederal standards. 3, Comply with the Davis.Bacon Act; Copeland Anti•Klck Back Act; .Contract and Lead-Based paint. Work Hours and Safety Standards Prevention Act as amended on September 15,1999; and other related poisoning as applicable: 4. applicable. Submit teal OCED for written prior approval all proposed solicitation Notices, invitations for Bids, and Requests for Proposals prior to publication. 6. Submit to OCED all o construction plans and specifications and receive OCED's app p r 6 scheduling aOpre-construction Iconference. OCED will hold 10 %° of the l total grant award as a retainer until the construction work. is 76% completed, �arified by OCED. work is completed, vetrified with the retainer will be ate of Occupancy to 5 °I° until the pd 7, the Office of Community and hEconom cnDevelopmentito Builders Division i 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 6% of the agreement's award to cover the cost ail by the technical assistance. by the community BBuilders Divisionnofcthe iOffice of requests made Community and Economic Development. for the grant award $ cthe use of the covenant land to ensure Its use a a county s as p and Ject site as defined and described In Attachment 'IN' of this agreement. Audits and Records 1. The Awardee expending $500,000 or more annually In federal awards shall have a single or program specific audlt conducted in accordance with OM13 A -133, The Awardee expending federal to ahave a$ 00,00 mOr more uaudit only one federal program may 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 s In remay be required to conduct . of those gulations of the federal genciesitproviding thosegguarantees or accordance with 2. The Awardee expending less than $600,00o annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. (e.g., inspections, evaluations). Such Awardees that receive less than $600,OOo in combined, Federal awards must submit to the county perform nce, To achieve uniformity regarding yding the reporting f ormat, such documents must comply with the accounting Industry expression an f limited communicating an Independent accountant's (1) ui and assurance on FINANCIAL STATEMENTS Z) ra resultof procedures performed analytic procedures (Review Report); (Agreed -Upon Procedures Report); (3) non- expresslon of opinion or any form of assurance on a presentation In the form of financial statements Information that is the representation of management (compilation Report); or (4) an opinion. on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shalt include a fiscal review, which Includes a validation of all program generated Income and its disposition, especially attributable to CDBG funds, an Internal control review, and a compliance review as described In OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6). months following the end of the Awardee's fiscal year., 4. The Awardee shall maintain principles Contract rrocedues, and accordance which generally accepted accounting p P 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. actions 6 undertak Awardee to accomplishithei "Scope of Services" outlined outlined n Attachment n A In this contract. 6. The Awardee shall ensure that the Contract Records shall be at all times subject nty and f deet available personnel alnd any other personnel duly inspection, uthorized by the C u 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 eligibletsubstantiveaprogrammatic servicenandtsubject to the e audit and record - keeping requirements described above. 6, 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 J. 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. 8 The OCED. Thea shall t auditors audit results auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. Retention of Records The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a. For all n expiDraion assisted thiscontracin Period shall begin upon 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 must retain allrco F public ntactrecords excepts t those relating to rea l rand nonexpendable personal property. e. For all, other CDBG assisted activities the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section 11, aragraphting to,reai Awardes mendable personal property. except st retain all contract those d. For all CDBG assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property begin upon the date of the final disposition of the property. ,calved or given notice of 2. if the County threatenedaor pending litigation, claim or audit arising any of theservices Y the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit Is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person contract records du during the r full equired Retention Periodright to examine any of the of this A contract and afterlit notify expirations part of he final cloise. out pendency 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. 1. K. Provision of Records. I , The Awardee shall provide to OCED, upon request, all contract records, These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all 12 books, articles, or other copyrightabie materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; ri use, and to authorize i license othersto use, the information for public pu p purposes. 2 agenc es,arand ceives agencies from, issuee monitor in by ports governmental regulatory examinations, or other similar reports, the Awardee shall provide a copy of follow-UP each report and any communications immediately upon such issuance unless such disclosure is a violation of he regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to section 2-1076 of the Code of Miami -Dade County, as amended by Ordinance.No: 99 -63, Miami -Dade County has established the office of the Inspector General u, basis, p audits County contracts, throughout the duration of said c ntracts,except as otherwise provided below. The cost of the audit of any Contract shalt be one quarter (1l4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the shall alsoybe included In payments o al l ha geo orders and all contract renewals cost and extensions. a. Exception: The above application of one quarter (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (9) insurance contracts; (h) revenue - gnerating contracts; (1) contracts where an IPSIG is assigned at the time the contract Is approved by the Commission; 0) professional service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined in Mlaini -Dade County Administrative Order 3 -2; (m) federal, state and local government- funded grants;L and ^() nntorl rnrmt grBoard tot Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS pursuant to ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or In part with government funds, including funds awarded tp Awardee pursuant to this contract. {, Prior Approval The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1, The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee must subt all days prior the start date aof the agreement. o OCEDO least shall h ve no obi obligation 13 to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of ail Job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget, 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section II, Paragraph Q.1. of this Contract. 6. All out.of•town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. for e Requests for Proposals as provided for in Sectionnit,itPtaragraph Hi of this contract. g. The disposal of all contract records as provided for in Section 11, Paragraph J of this contract. M. monitoring OCED to The Awardee shall permit OCED and other persons duly authorized vi by inspect all contract records, connected touthe a tivitieseundertaken pursuant to the Awardee which are In any way terms of this contract, and/or to interview any inspection or interviews,rtOCEDsWill assignees of the Awardee. Following such [nsp deliver to the Awardee a report of its findings; and the Awarded will rectify all deficiencies cited by OCED within the specified period of time set forth In the report, or OCED with its reasonable Jandlfiaabbsoluterdiscretiocorrecting hether oricnotaithe Awardee's justification IS d acceptable OCl or I its eAw trdee must, despite the Justification, rectify the deficiencies cited N. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84,42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any uld with the direct or Services t requrled under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having These a financial interest shall be employed or retained b thwho as ee he rou der. agent, conflict of Interest provisions apply to any p rson designated officer, ublic agencies orosubrec pients (which fare'arece ving funds under the consultant, designated p CDBG Entitlement program. The Awardee shall submit to OCED within five days of execution of this contract all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the foliowing documents: ➢ Original contractor its subsequent amendments. 14 ➢ Requests for budget revisions. ➢ Requests for approval of subcontracts. b considered a breach of Non. compliance with the above requirements will e contract, t will resuif in ualificati n tof funding through he agreement, the recovery of f the he entire funding award, and the di q 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 discovery ery of such piossible conflict. ct. OCED will then nrnderaanl d opinion which shall be binding on all parties. Publicity, Advertisements and Signage The Awardee shall ensure that all publicity, public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Grant (CDBG) four the support Of all contracted activities. This o s to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted d must also activities must be approved by OCED prior to being oste d and use of the meet the standard specifications as established by official Miaml -Dade OCED logo Is permissible 2. The Awardee shall furnlsh, erect and maintain construction signs In accordance with sketch included in these contract documents. The signs shall be made of °l. inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs layout, symmetry, p sainting stands rd as lettered In accordance with proportion, clarity and neatness re pand use of weather- resistant colors and materials. The Awardee shall place esign placement braced and mounted, as shown on the typical project 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 P. For this project required. aintaining the sign shall beunder he bid amount. for mobil furnishing, and Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract.. To the maximum extent feasible, these businesses shall be located in or owned by residents lof the Community pAo lsu supervising federate agency byThe Award ehshallDassure pthat all approved by p subcontracts or third party agreements contain provisions with stated goats, 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 19es, the Awardee rriust direct residents and ensure that employment federal. d economic opp rtuniti sabe given to w 15 and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: 1. The work to be performed under this contract Is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968; as amended, 12 U.S.G. 170lu (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this contract agree to comply with HUD's regulations in 24 CPR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other Impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work: site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum nos the and job titles subject to hire, availability of apprenticeship and training p 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 begln. 4. The Awardee agrees to include this section 3 clause In every subcontract subject to compliance with regulations In 24 CPR 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 CPR 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 CPR part 135. 5, The Awardee will certify that any vacant employment positions, including training positions, that are fitted (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 CPR part 135 require employmont opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CPR part 135. 6 Noncompliance contract f in 24 CPR r t In sanctions, termination n of this or default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed In connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) 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 Subcontractlna policies (Ordinance 9735) Al€ 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 I 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 an formulate a subcontracting bid /proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardoes seeking to contract with the County all as ondiition of awa d, provide a statement of their subcontracting. Policies procedures Form A -7.2). Awardees who fall 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 subcontractor ocperfortm a agreement portionof acontract betty en the Awardee anddthe. a Awardee County. Q. Property 1. Definitions a Real Property: Land, lmovable improvements, structures, fixtures appurtenances thereto, excluding machinery and equipment. b, Personal Property: Personal property of any kind except real property f) 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 an integral part of la structure facility years, r another piece ofequipmnt. t d, Expendable Personal Property: All tangible personal property other than nonexpendable property. 2, The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 17 i) Used to meet one of the three (3) CDBG national objectives until five years after the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion; or 2) Not used to meet one Of the three (3) CDBG National Objectives. in the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Awardee such longer period as determined by OCED -then the Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or Improvement to, the property. Reimbursement is not required after the period of time speglfled in Paragraph 0.2.a.1., above. b. Improved In property hole or Impart with CDBG funds from OCED for $26,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with Instructions from OCED. C. All real property purchased or improved in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or in part with funds from OCED, shall be listed In the property records of the Awardee and shall Include a legal description; size; date of acquisition; value.at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awarde lor a ion on the transfer or disposition of the property; map whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and Identify the CDBG national objective that will be met. If the property was Improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. d. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive ,covenant for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result In. the retraction of the.CDBG award for the project and termination of this agreement. e All real property shall be inventoried ventory report shall be submitted o OCEDI Thistreport shall Inc inventory the elements listed In Paragraph T.2.c., above. 3. The Awardee shall 'comply with the nonexpendable personal property requirements as stated below. a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records ocat Awardee eland shall include a description of the property; 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 of the property. b. All nonexpendabie personal property purchased or improved In whole or In part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. The Inventory report shall include the elements listed In Paragraph Q-3-a-, above. c. Title (ownership) to all nonexpendabie personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest In the County and OCED. 4. The Awardee shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendabie personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this contract. The Awardee shall dispose of all such properly in accordance with Instructions from OCED. Those Instructions may require the return of all such property to OCED. R. Program Income 1. Program income as defined in 24 CFR Part 670.600 means gross Income received by the Awardee directly generated from activities supported by CDBG funds. When program Income is generated by an activity that Is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program Income provisions In OCED's Contract Compliance Manual. If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. R uSS .. .......__...- - _ use Program Income. the Awardee shall report to OCED all cumulative Program income generated trom activities financed In whole or in part by funds from this contract. This information along with a check c The Awardee shall report Program income for as long as It receives and/or has control over Program Income gener ted from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All IM 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 s7o at seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as n repayments, interest earned, late fees, and investment lncome,, loa be substantially disbursed to eligible loans, .loan - related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. be h. All program income from nonrevoiving loan activities shall CDBG substantially disbursed to carry out other OCED approved eligible activities, and to cover operational costs before requesting additional CDBG funds. L Any proceeds from the sale of property as detailed in section ii, Paragraph Q.4., above, shall be considered program income. The Award obtain, 1 validationby a certifiedauditor of an prog am generated Income and Its disposition. 3. Upon expiration or termination of this contract or at the end of any program year, the Awardee shall transfer to the County any program income funds on income hand, and any program f nded activi i s. OCEDmay requirre remittance attributable e of all 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 109 Security needs). right to pursue other 4 courses of action Inthe retention and�use of program income generated by the Awardee, and such action shalt not 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 OCED's Contract Coml)llancP 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 consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for preach. When Subcontracting Is allowed, the Awardee shall comply with County Resolution No. 1834 -93, Section 10.34 of the County Code and Section 24.8 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 hitns :i,� 1WWW epIs -� Awardee shall provide to OCED a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami -Dade County's debarred Contractor's or Awardee shall, at a minimum, check at miamidade. ovIsbalre orts,debarment to determine if a person or entity is on Miami -Dade .County's debar— onofafto site lIsL Awardee a that shall provide OCED with a printout copy Indicates the name and the date It was checked. b. Compiy with all requirements and regulations spedified In OCED's Contra_ ct Comnilance 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 OCED deem necessary. This applies only to subcontracts and as assignments In which ammaies eligible are engaged to carry out any' service, as may be defined by OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive Programmatic nu described ies and, above, and; to the audit and record-keeping requirements 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 s of the retirement benefits, for the Consultant or employ employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurarica 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. of al subcontracts and heiriprogress otoward g t meeting the ct approved goals and objectives Indicated In the attached Scope of Services 4. The Awardee shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as 21 described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 8. The Awardee shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth In this contract or the right to receive benefits or payments resulting from this contract. 6. Approval by OCED of any subcontract or assignment shall not under any circumstance be'deemed to provide for the Incurrence of any obligation by OCED In excess of the total dollar amount agreed upon this contract. 7, if the subcontract Involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to OCED. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the listwithout prior written approval from OCED. U. Additional Funding The Awardee shall notify OCED of any additional funding received for any activity . described In this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V. Method of Payment, The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses If the Awardes submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately Justify their absence in writing and furnish copies of those documents to OCED. The Awardee must adequately Justify their. absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained withimAttachment 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. 1 in no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDBG funds to any party. 4. Any payment due, under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee Is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 0. 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 requestsnand shall clearly Identifyithescompleted eveltof accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payments will be made without evidence of approprlate 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 i e expiration or termination of this contract. If the Awardes falls to comply this requirement, the Awardee will forfeit all rights to payment's if OCED, in its sole discretion, so chooses. y. Within thirty (30) calendar days after this contract expires or is terminated, Awardee ontracta approved Budget a Invoices relate and that have not been submitted to OCED. Any Invoice OCED which reflects ra cost not included on this list will not be paid. list by 6 outstanding obligations of this contract t s contract must be refunded to OCED sin accordance with OCED's Contrat Compliance Manual. 8 unexpended o completion r, his contract, o after termination of th soniractfor 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, p p joint venture in which the Awardee has a controlling financial interest In order to secure repayment of this award. "Controlling financial interest' shall mean ownership, directly or indirectly to ten percent or more of he 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 ntract, Including, but not limited to any CDBG funds on hand, any accounts overpayments due. to unearned funds or costs disallowed pursuant to the terms of this contract that were disbursed to the Awardee by the county, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities Involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to OCED of the CDBG Loan, The Awardee shall at the request of the County execute any and all documents, Including but not limited to mortgages securing the property and UCC financing statements, as required by the county to effectuate the reversion of assets. The County Agrees: Subject cond conditions contained within this contract In an amount not to ti the terms exceed $556,811 and 23 IV. The Awardee and OCED Agree: A. Effective Date 1. This contract shall begin on January 1, 2009. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31. 2010. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein.may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, Including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, Including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section It, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. 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 OCED, in Its sole and absolute discretion, and may Include, but Is not limited to, a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or Incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds,,withhold payments or both. These actions may apply to only part or all of the actiAies funded by this contract. 3. OCED will notify the Awardee of the type of action to be taken In writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the Awardee reasonable opportunity to rectify any action or inaction referenced above. 24 C. Termination 1. Termination at Will This contract, In whole or In part, may be terminated by OCED upon no less than ten (1o) working days notice when OCED determines that it would be in the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2, Termination for Convenience OCED may terminate this contract, In whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. OCED, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon additional cost under receipt f notice, this contract OCED sh Awardee be fable only for reasonable costs incurred by the Awardee prior to notice of termination. OCED shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short -fail, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty -four (24) hours written notification to the Awardee. Said notice shall be delivered by certified malt; 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 andfor adjust the contract award, whichever is in the best interest of the County. 4. Termination for substantial Funding Reduction in the event of a substantial, funding reduction of the allocation to the Awardee through Board of County Commissioners action, the Awardee may, at its discretion, request In writing from the Director of OCED a release from Its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 6. Termination for Breach OCED may terminate this contract, in whole or In part, when OCED determines, in its sole and absolute discretion, that the Awardee is not sufficient making performance, or is not mate ial€y complying with ultimate h any term orp ovision of this contract. Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or In of any provision of this contract t tshall not be Waiver be deemed to b a waiver of any other and The provisions herein to e do not OCED's terms right to this contract 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. 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 parties agree to renegotiate this contract If OCED, in its sole and absolute discretion determines that federal, state, and /or County revisions of any applicable laws or regulations, or Increases or decreases In budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations. 2. CONTRACT EXTENSION The County shall have the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) in writing of the extension. This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development, E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions In this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be In writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. 26 G. J. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 4. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Gomoliance 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 s working days of the action; written notification will constitute a contract amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at Its discretion. OCED in Its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Service, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. Disputes In the event an unresolved dispute exists between the Awardee and OCED, OCED shall refer the questions, including the views of all Interested parties and the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Awardee, or in the event additional time is necessary, OCED will notify the. Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. Headings The section and paragraph headings in this contract are Inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. Minority Participation In order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award In accordance with County policies and procedures. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held In MiamkDade County, Florida. 27 K. Independent Private Sector Inspector General Reviews Miami -Dade County has established the Office of the Office of inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally Y< of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power,to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may Include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector Inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, Its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruptlon.,. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for Inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, Including, but not limited to- orlglnal estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions In this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other agreements executed by the Provider in connection with the performance of the contract. Nothing in this contract shall Impair any independent right of the County to conduct audit or Investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. The Awardee Is aware that Miami - Dade County office of the Inspector General has the right to perform ramdom audits on all county contracts throughout the duration of each contract. Grant. Recipients are exempt from paying the costs of the audit, which is normally Y, of 1% of the total contract amount. W1 L. Notice and Contact OCED's representative for this contract Is Letitia Goodson. The Awardee's representative for this contract Is W. AjIbola Balogun, The Awardee's principal Office is at 6130 Sunset Drive, South Miami, FL 33143. The Awardee's telephone number is (306)633 -6338. in the event that different representatives are designated by either party after this contract eprese representative or new address will changes t will berendered in writing to the new other party and said notification attached to originals of this contract. M. Name and Address of payee When payment is made to the Awardee's assignee, the name and address of the official payee is: NIA . W Waiver of Trial Neither the Awardee, subcontractor, "nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a Jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to Ito exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all Instances. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or Its power to execute such contract to any person, company or corporation without the prior written consent of the. County. P. Third Parties This agreement Is intended to benefit any Intended hirrd party nor shall it be deemed to give rise to any rights in t 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 port; Attachment tDn- inform information for Envvironnmental Retview;eAtt chmenE progress 29 Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and signage) contain all the terms and conditions agreed upon by the parties. 30 IN WITNESS THEREOF, the parties hereto have caused this thirty (M-pag� contract to be executed by their undersigned officials as duly authorized, this_ ;O _day of �_ AWARDEE: City of South Miami BY: �`S t ILJGt tr— NAME; W. Ajibola Balogun TITLE: City Manager DATE: D 9 BY: NAME TITLE: DATE Witnas BY: ` Tvne or P nt .3kne BY: MIAMI -DADE COUNTY Type or i'nm Name Federal ID Number: 59- 8000431 --- Resolution #:1127.08 Awardee's Fiscal Year Ending Date: 09/30109 CORPORATE6`EAL: BY: h NAM J.0 o s Alvarez TITLE: Mayor CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 31 RP'A FY20 CATEGORY: Capital Improvement District MD Specific: 07 Applicant / Developer (AX.A.): City of South Miami 02. Organization Type: Municipality Acronyr»: SMIAMI Source CDBG Index Code: Jj IDIS Number: Non- Non- Responsive? [] Phone: (306) Date: FY 2009 Activity ID: 1/14/2009 20051346 Multi- Source: Contract Number: Applicant Address: 16130SUNS&DR CITY, ST, ZIP: . SOUTH MI - FL 33143^ Contest: Mr.W. AJlbola Balogun 663 -6338 E -Mail: abalogun @citydfaouthmlaml.net -noe: Murray Park Aquatic Center (to include Swimming Pool) Description (264 Characters Max.): Commencement and construction of Murray P.arkAqUgtleCenter which is located in the South Miami NRSA. The project will service no less th 4,000Io /moderate income residents. FY06 Funding: $,0_ PY07 Funding: LO FY08 Funding: $276,000 Index Code: Index Code: Index Code: iDIS Number: IDIS Number: US Number: 3245 FY06 Contract M FY07 Contract M. FY08 Contract#: 80014 ' Evaluator: Mario Berrios t t''"�, '�'fAyi K' c tl ,. & ' r ,rye^. i,y '1 4 '._ , s i �� 6a� {'t R ?�Y'TYr �'i�..N � �rlA•i () NRSA: iAR!.. q.•V.iI ��— s URTF � $0� STAFF South Miami (•) Ehtitle rient City l Community: CAC $0 MGR $556,911 N/A BCC Recom 0$'55'6 911 Participating Municipality: City of Sotith.Miaml pint tot. ReProgr Funds $0 Non - Responsive? (� compuad wlth'MUST'? Action Plan $856,911 TOTAL $556,911 !I Y�,n3it�Ys� :y;t�'��;y,YF a A`�r1' : Fi.'1�:L�•�il S: .:5�' ,�uH. l7.f.:w.:�.�jo>e9�•:+,'• ;;r;t- v ,Gt� °:'ii.• No `.;K; ^.',t^ W7afS%DAEMON HUD Code: HUD Activity Type: National Citation National Objective: % Low /Mod: 03F Parks, Recreational Facilities 570.201(c) 570.208(a)(1) LMA Nurnbero91,01 Accomplishment Type Priority Nerd People Other . �e •,a. 'y; 'C+2'ii"�i,1�tA' Agencies Located !n the City of Miami Primary Activity Address: Street Activity Gee City. ST: Geo7ipCode: Census Tract: Block Group: 5800 SW 66 Street Snuih Miami FL 33143 76.03 03 IF no street address, provide crossroads information: Evaluator's Comments: 10, Not filled in although,pdor years funding in datai 11. Not filled in although documents are included In 6276,000. - MAB - 09 -10 -08 - MAB - 09 -10-08 /t • IF 9izs�x CS?ltNTY City of South Miami CDBG FY 2009 Scope of Services January 1, 2009 — December 31, 2010 1. - ACTIVITY TITLE: . 2, ACTIVITY DESCRIPTION: 3. - APPROVED B Y BCC: 4. - SOURCE: 5, -HUD INFORMATION: 5a. — HUD matrix code: 5b. — Title: 50. — Eligibility 6. - ACCOMPLISHKENTS: A Murra Park A uatic Center — Construction Phase I Capital Improvements — Public Facility $556,911 CDBG 2009 o3F Nei hborhood Facilities 570.201 c 6a.— Number 6i'Units: 1 6b. —Type: Facility 7. - NATIONAL OBJECTIVE: 570 208(A)(1) Low/Hod. Income Area 8. - ACTiV1TY ADDRESS: 58.00 S.W. 66" Street Murra Park Miami, Florida 33143, 9. - LOCATION: Ci of South Miami Goodson ➢ CO: Lettha PLANNER: Winston Parkinson S' ME y 1 t _y b Y C pA � m D It O� � }y- ZIl� � ��p'5p• $ IJC yY�p. j}jma$ =� Ap � @b -a C O °g35 mq � V UN� N( NAb � ' 3 ^a�� C QA � [331l �> Lp A � 2 p y 65 G) � A n � � � Zy� C�mn OTN� yC fmgJ� 2Q7 j0 YOZ b�1�nm ca°��g� A > S� r 3$'' Y ro a "tit O 3 s kp of E 3 a � y • I ♦'r 1 L' �^� 1 � Y C � K 3 S W4 IN G l4 h }. htj; b ,u M2 2,852 " N N Oa'o O b b 0 $ A gg C �Ay 0 a 0 y 0 D � b> e b Ao $ ,oay On + z z r nna-�1 $oO o�f C 1m� °iozi)�czoc�n� �'� e N IFS !� ry3j a" s is yyy n b0 C yy p F �a i� � � 5yy S t ATTACHMENT B CITY OF SOUTH MIAMI Murray Park Aquatic Center Construction CDBG FY2009 SUMMARY BUDGET JANUARY 1, 2009 — DECEMBER 31, 2010 PRIOR YEAR FUNDING FY 2009 FUNDING NON -OCED FUNDING TOTAL CATEGORIES I. Personnel $16,363 $14,500 $0 $30,863 Ii.Contractual Services $269,637 $40,500 $0 $300,137 IIi.Operating Services $0 $0 $0 $0 IV. Capital Outlay $0 $501,911 $100,000 $601,911 TOTAL BUDGET I $276,000 $666,911 $100,000 $932,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING $100,000 CRA CITY OF SOUTH MIAMI, INC ATTACHMENT B CDBG FY 2009 Murray Park Aquatic Center Construction DETAIL BUDGET January 1, 2009 thru December 31, 2010 4010 Frtnye Benet7ts FICA sale X7s PP NomoCED OCED OCED Totat OCED Total Ail Sources Sub-Total Frings $ $ FY 2008 FY 2009 $ - 2,162. 80 Totat Personnel CD634C09C1 $ $ - $ 14,500,00 $ 30,862.80 $ 30,862.80 4010 PERSONNEL -Em loyee 95020 Oom uter Purchase $ . $ 259,637A0 $ - $ 269,637.00 $ 259,637-00 Re ular - Salaries $ $ 7,000,00 $ 7,000.00 $ 14,000.00 $ 14,000,00 Engineer - $ 2,700.00 $ 500.00 $ 3,200.06 $ 3,200,00 Aocounting Supervisor $ $$ 5500.00 $ 6,000.00 $ 11,500.00 $ 11,500.00 Grants Administrator $ S 16,200,00 $ 13,500.00 $ 20,700.tl0 $ 28,700.00 Sub-Total 4010 Frtnye Benet7ts FICA sale X7s $ $ 1,162.80 $ 1,000,00 $ 2,162.80 $ 2,162,80 Sub-Total Frings $ $ $ $ $ - 2,162. 80 Totat Personnel $ $ $ $ - $ 14,500,00 $ 30,862.80 $ 30,862.80 Contractual Servlaes $ $ $ _ $ 21011 External Audit $ $ $ $ $ - $ - 21012 Environmental Audit $ $ $ $ - $ A0,500.00 $ 40,500.00 $ 40,600.00 21030 other Pfofessional- Svc Const Mgmt 95020 Oom uter Purchase $ . $ 259,637A0 $ - $ 269,637.00 $ 259,637-00 21030 other Professional Svc $ $ $ 47010 office Supplies/ outside Vendors 22350 Bottled Water $ _ $ _ $ $ $ - I 25330 Rent ;2 pier $ $ $ _ $ $ - $ 25511 BuBding Rental $ $ $ 259,637A0 $ 40,500.00 $ 300 137.00 $ 300,137A0 . Total Contractual Commodities $ $ $ 31590 Outside Printing 95020 Oom uter Purchase $ $ $ $ 47010 office Supplies/ outside Vendors § $ $ $ Total Commodities it; TOTAL BUDGET $ 900,000.00 $ 276,999.80 $ 56$,911,00' S 832,910.80 I $ a'sas'ru.cu SOURCES OF OTHER FUNDING CRA 17 TOTAL AMOUNT $100,000 Activity Category: © Administration 0 Capital Improvement Ej Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service ATTACHMENT C t�tt.tP Pt— t z s� : QUARTERLY EXPENDITURE AND 4(i If PROGRESS REPORT• FY 2009 "I Rg PdFI ❑ 1st Quarter (Jan -Mar] ❑ 2n4 Quarter [Apr -Jun] ❑ 3rd Quarter (Jul -Septj ❑ 4" Quarter jOct -Decj / Annual Report S "0 - .Qe , i' ✓i. ,' P, �n's°"f?i�arr',Yt*ir`r ?,t »rJr:. �fX'S» .:�d il, m��� :z" n v ti`> ,ee r ;:;. �x; a�L .�t�. %fl,..rctt�rv;;r� >`i:'itr t }nu'."Y.$7 Recipient Name (Organiza(lon): Contact Person (Name & Title): Telephone Number: Activity Name (Project Title): REIMBURSED CUMULATIVE PROJECTED Activity Address: CATEGORY BUDGET Activity Description: CUMULATIVE PERCENTAGE Activity ID #: Index Code: Funding Source: Funded Amount: $ Activity Category: © Administration 0 Capital Improvement Ej Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing E] Create economic opportunities Outcome: ❑ Avallability/accessibility ❑ Affordabillty [] Sustalnabllfty a t1 .6,ci ,Kyv r o 4'�Sta$) <yJ ri`vn Z. Wit. Y 7 1 {yY : y,> J MINERS - REM Sft' ,• :we'c(o�, S';, .2' .. .1: . ..,,.E A a C D APPROVED TOTAL ACTUAL EXPENDITURES REIMBURSED CUMULATIVE PROJECTED PROJECTED CUMULATIVE CATEGORY BUDGET EXPENDED EXPENDED CUMULATIVE PERCENTAGE EXPENDITURES EXPENDITURE (Through and maequaderl lrsr °u¢hendofUlsqu°d°q to &n) INnxlouamrl (eyand°ICOnaectP°dotlt Personnel $ $ $ $ % $ $ Contractual $ $ $ $ % $ $ Operating Costs $ $ $ $ �% $ $ Commodities $ $ $ . $ °% $ $ Capital outlay $ $ $ $ % $ $ TOTAL. $ $ $ $ % $ $ Program Income # The dispos ion of program Income not specifically listed In the approved Program Income budget requires priorvatten approval from OCEM 1. Does this activity generate Program Income? [:]Yes EI No 2. If yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by OCED to use the Program income generated from this activity? ❑ Yes ❑ No Cj NIA. ifyes, 6 attach copyotapproval letter and related documents. [(no, awdilen reti6sUorapprovai to use to Program Income mmtbe submitted to OCED -or -a check payable to Mlam6Dade courrryfor the generated Program income mustbe submitted quaneny in accordance with the terms argue contract. •ChockAliached ?L7Yos Cilia ❑NIA ' toItw1}i4l,d s 4'lis� +y hr.ti^�} ..}T'a �'iTt T S`D'"ACCQMP� $IiM 1NP0 ATL yv/r.�'v�il1'I iy r rv>> ! `<yi t dt, r r J. Activity Status: E] Cancelled [I Underway ❑ Completed 2, Environmental Status: j] A= Exempt E] C =Completed ❑ D= Underway 3. Is this activity still In compliance with the original project schedule? ❑ Yes (] No '5.9,..1. � y V'tOf' ^.f�. U � U,. h "'Eff If5'� •i` tL de' %'d "se "Udn �U31ri9 '94an1)'fepib'd'atati(�sll oihAi's�PP9iU`981(ohs i�al'hayabe0dn`y rdi' 1�laipi€' �eKie�54t�aPRCletdd' p "yJ,jgj(ifst0ett9d��'='•�' Office of Community and Economic Development Page 1 of 2 Quarterly Expenditures and Progress Raped (rev 12- 15 -05) GQldNT'P .. ant? °GaiP't 1p`lt�Tl.'.`. ATTACHMENT C QUARTERLY EXPENDITURE AND PROGRESS REPORT r FY 2009 Accomplishment Type: ❑ People toil ❑ Households 1041 ❑ Businesses toe) ❑ organizations 1091 ❑ Housing Units tloj ❑ Public Facilities fill ❑ Jobs 1131 National Objective: ❑ Area Wide Benefit leg. LMA, LMAFI, LMASA, SBA) -or- ❑ Direct Benefit te.g, LMC, LMH, LMJj sy' , n n V s n t ps r Q r r b� Q 8 c�j mx t t i 2 e "fare ctz4f6'n I`�ttlr"s�b "Y6 )pu�InA �A�1tVRgn¢ptsj_�t YPfl�Cre9tll��i Housing Units Owner Rental Buyer Total Projected Goal - -_ _ Projected Goal Actual This Quarter* _ Actual This Quarter* Actual Cumulative .. Actual Cumulative 'supplememal Form @ Required — Attached Y i N: (i) Performance & Benefit Data: Housing Note: HOME(pndedrefojecls must submltappticaNO 801MIysebup form. FT Jobs I LOW I Mod PT Jobs Projected Goal Actual This Quarter' Actual Cumulative *Supplemental Form t9 Required — Ailacbe ly/ N (1) Performance & Benefit Data: Public Service &Administration ❑ -m- (2) Performance & Benefit Data: Capital Improvement & Public Facltitles ❑ -or- (3) Performance & Benefit Data: Housing ❑ Note: HOMErundedproJectsmust submit appitcable activity s01,111) form. IMod I Total F FT Jobs I Low I Mod I PT Jobs I Low I Mod I Total I *Supplemental Form igRequired - Performance &BenefitData:Economic Development — Attached YlN: PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter'a ni als CERTIFICATION This Is to eerily that ilia data and other Information provided in this Report is correct, based on official accounting system and records, and that expendlturos an obligations shown have been made for the purpose of and In accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by: Not Title: nl Name Signature. of certifying official: Title: Dale: Date: Activity IDIS Number. //,���Pi •,S.E %,dH.4,.; . �;.: .;:-a < +':xrU��,r�� ?i:Y�sPrH,..: x , E>- ;,- f;:.,.:,..,:as,..Fec:.....rx . Report ❑ Is i ❑ Is not complete + Report ❑ is i ❑ is not accurate + Initial review for completeness and accuracy completed by Name: Date: Name: ead Date: Team LerrSupoMsor ConUa � cis Orr", office of community and Economic Development Page 2 of 2 Quarterly Expenditures and Progress Report (rev 12.15-08 Recipient Name: Activity Name: Activity ID #: HUD Activity Matrix Code: Performance & Benefit Data: Capital improvement & Public Facili110 Supplement to Quarterly Expenditure and Progress Report • FY 20.09 Activity Category:.____ Accomplishment Type: HUD Matrix 11- Description: NOW— T' tti t ,ry C`L t ve 'MOINE . Acquisition 11 1 D Parcels ❑ Clearance / Demolition ❑ Street improvements ❑ Public Facility I Type:_ ❑ Building I Type: ❑ Other Capital improvement /Type: Ifear mbefal 1. Total benefiting for program yeas 3. Of those assisted, enter the number that ❑ Structures + ❑ Parcels Persons Served + Low & Moderate Income Ft0GD ELI JS: Ml �V U, . tt^± 9M ! 7e-'.q v # of Structures # of Parcels It of Faoil[ties .Persons Served + Low & Moderate Income # of Persons Served Facilities + Persons Served + Low /Mod Income # of Low /Mod Income Persons Served + Low & Moderate income 2: Counts.by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit o) Now receive a service or benefit that Is no longer substandard Total d) Now have now access to this type of public facility or infrastructure Improvement e) Now have improved access to this type of public facility or Infrastructure improvement f) That are served by a public taciffty or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created In overnight shelter or other emergency housing H,5`k �1,`pp vY,"s!, i1'nf�M r uez.8 ¢.2?,4. �:.r '. A, erg. r. h f��t• Pf • p . �Z��N� ,hl1' NFQiz ..eS,. rtnn � r i "�.' , e Y ' iS! Y. RACE I ETHNIC CATEGORY Instmcltons: indicate the total number ofhouseholds,or persons served in each Racial Category for (his reporting pedal and the cumulative total, From the total numberdeptcted In each Racial Category, Indlcals (he numbers that are of HNpanle Ethnicity, for This repoding period and The cumuHUve lotat RACIAL CATEGORIES ❑ 1st Qua deriJan -Marl 2^sQuarta�A r -Jun ' Vauarl JuiSe t ❑ 4 "Quader oct,Dejc /E/ at Re on ❑ Ft0GD ELI JS: Ml �V U, . tt^± 9M ! 7e-'.q v # of Structures # of Parcels It of Faoil[ties .Persons Served + Low & Moderate Income # of Persons Served Facilities + Persons Served + Low /Mod Income # of Low /Mod Income Persons Served + Low & Moderate income 2: Counts.by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit o) Now receive a service or benefit that Is no longer substandard Total d) Now have now access to this type of public facility or infrastructure Improvement e) Now have improved access to this type of public facility or Infrastructure improvement f) That are served by a public taciffty or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created In overnight shelter or other emergency housing H,5`k �1,`pp vY,"s!, i1'nf�M r uez.8 ¢.2?,4. �:.r '. A, erg. r. h f��t• Pf • p . �Z��N� ,hl1' NFQiz ..eS,. rtnn � r i "�.' , e Y ' iS! Y. RACE I ETHNIC CATEGORY Instmcltons: indicate the total number ofhouseholds,or persons served in each Racial Category for (his reporting pedal and the cumulative total, From the total numberdeptcted In each Racial Category, Indlcals (he numbers that are of HNpanle Ethnicity, for This repoding period and The cumuHUve lotat RACIAL CATEGORIES Pri,a ni ",< CR.T`.i' tU. R . G "w vx>! • :'S' " p hi c �7 ; ' �5,.,:v.;��tirtP Elhniccate o Racial Cate o[ies Et nic Ceta o 'Racial Cale odes Total Number Number His anic Total Number Number Hispanic While [11) Block I African American 12) Asian (131 American Indian /Alaskan Native (14) Native Hawaiian I Other Paeiflo Islander 1151 American Indian / Alaskan Native & White 1161 Asian & While (17) Black [African American & While [16j American Indian orAWItain Native & Black / African 1191 Other Multi Racial (201 Totals Performance & Benefit Data: Capital improvement & Pubilc Fadilles troy 12.10 -081 Page 1 of 2 Supplement to QUadedy Expenditure & Progress Repod ��ti• �`7 �Fe �' �R3•�r. ^.CfJ� e^.2J'� �i�iF:!'a,�!yi•�.�1.., ._p��. _ tq � .�•� �� ' ;'t: i„'e�`.� 5. j,�': u .fl „':f�h.a1)�,�'d �'' ':Y'7•�'•;`t�. Performance& Benefit Data: Capital Improvement& Public' FaclIffies Supplement to Quarterly Expenditure and Progress Report * FY 2009 DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION Income Categories Other Categories Total Number TWaI Number Total Number Total Number Extremely Low (30% or less) Total $ Bene111ing from the Activity Low (31% • 60%) Moderate (61 %- 80 °!.) 0 61 Female Headed Households' Non LowlMod (04% or greater) ' Totals �y.Y..y...,f.. ... n R'7 q:J'.' r.:9tl e� ♦ . b .. .�Jm: R n v.G,.. . ..! '. Jt` .5v`V, D' , 2' 1"I Lin '1.. +� Fk R9 tM lSztN A iN' 10A 0f • ��."? s��? �; ��,, 00,% �Cr��c r?��;?r�?�_jx °?�aa��x�%r:. Census,( C) or Survey IS) Data Used: If (8), enter 4 of Low/Mod & Total Population: Total it of Low/Mod foist .r Universe Population Block Percent of Lowllvlo� In Service Area: Block Census Tract . Census Tract: Block Groups: t "N'rl VFr ' a� Y F t h, r ; r ry V ra:C`s `t g' ^e�t^e «h' rvg Ye 1 ^"' Z h ✓' J" �rsn��rr�.:hi�w'�x;w��h���. u.; ��r7x3�e xat�r�3�t4���it��xG�. C�Qff�UI! t�t�C�s: sr�cl '•.�nt�i6�s?�r1r;5�s'i��l >���r' ,�s�>�Yta��=n�tw n .�ti�4.��+r '.`�� i.008G Funds $ 2, HOME Funds 3. ESG Funds 5. Other Federal Funds 6, Slate t Local Funds 7. Private Funds 4. Section 108 Loan Guarantee $ , B. Other. ' � araorFOaJYe Total Funds Report Prepared by: Title: PdnlNwne Signature of Certifying Official: Title: Date: Pedormanrn &Benefit Data: Capital improvement& Public Fadliftes[rev 12 -10sm Page 2of2 Supplement to Quaeedy Experidlture &Progress Report ATTACHMENT QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUOTiONS, DEFINITIONS & ACRONYMS Reporting Period Enter X" In the box that corresponds with the appropriato reporting period for this report. Section 1: General Information 1. Recipient Name: Fill In the appropriate Agency/ Organization Name. 2. Contact Person: Fill In the Contact Person's Name and Title. 3. Telephone Number: Fill in the Telephone Number of the Contact Person. 4. Activity Name (Project Title): Enter the name of the activity. 5. Activity Address: Enter the complete address of (he location whore the activity Is taking place. 6. Activity Description: Enter brief description of the activity (120 characters maximum). 7. Activity ID N: Enter Activity ID No.-Of the activity. B. Index Code: Enter the index Code'lrom FAMIS. 9: Funding Source: Enter the funding source (e.g, CDBG 06, CDBG DR 07, ESG 07, HOME 98, HOME CHDO 08, etc.). 10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable, 11, Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity, (e.g. Housing, Economic Development, etc.). 12. Objective: Enter "X" in all that apply for the primary objective the activity Is designed to provide, 13. Outcome: Enter "X" In altthat apply for the pflmary outcome the activity is designed to provide, Section ih Financial Information 1. Column B: Enter amount budgeted for the activity in each category of the approved budget (or most recent approved budget amendment). 2. Column C: Enter amount expended for the aclivily In each category during lids reporting period. 3. Column D: Enter the actual cumulative expendituras from beginning of the contract through the end of.this reporting period for each category. 4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category, 5. Column F; Enter the cumulative percent of expenditures for each category by dividing each amount In column D (Actual Cumulative Expenditures) by the corresponding amounts as shown in column B (Approved, Budget). Example — If Column D.shows $5,000 expended to date In the Personnel Category and Column 8 shows $20,006 in the Approved Budget for this category, then the percentage In Column F would be 25%. 6. column G: Enter amount of projected expenditures in each category for the next quarter (reporting period). 7. Column H: Enter amount of projected cumulative expenditures In each category from beginning of (he contract through the end of the contract period. 8. Total: Please include totals at the bottom of each column B through H. 9. Generate program income?: Enter V in the "Yes ".box It lhte activity Is expected to generate Program income; otherwise enter'X" in the "No" box. 10, if the response is "Yes" to Program Income: indicate the amount of program income generated during this reporting period; if the answer was "No" enter NIA. 11. if Program Incarnate generated: Enter "X" in the "Yes" If OCED approved ude aline Program income & provide copy of written approval letter along with all related documents.'OtherMse, enter "X" in the "No" boz and submit a written request for approval --or— a check payable to MfampDade County for the generated Program Income. 1. Activity Status: Enter W. In box that corresponds with the appropriate status of the actfvfty [Cancelled, Underway, or Completed). Please note that an activity Is considered complete once it meets Its national objective, all accomplishments have-been reported, and all the funds are drawn from IDIS. 2. Environmental Status: Enter " X" In (he box that correspondswith the appropriat e status of the activity [A =Exempt,C = Completed, orD =Underway) 3. Compliance with Original Projeot Schedule: Enter "X" in the "Yee box if the activity compiles with the original project schedule; if not enter `X" In the "No" box. Sectiori III: Work in Pronslaa Provide a brief narrative description of work In progress during-this reporting period. For example - • Housing - During this period architectural drawings were completed, building department approved drawings, environmental approval received, plat flied with the County, and construction Is expected to begin next quarter. • Economic Development - Fifteen jobs were created during the reporting period, five addillonaijobs are expected to be created by next quarter. • Capital Improvement " 75% of construction of the childcaro center completed this reporting period. Project on schedule and is expected to be completed by next quarter. Section IV., Other Supporting Efforts Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period. Include quantinabie data whenever appropriate. In addition, other expenditures of funds, including local match and leverage contributions, should be Section V: Problems Encountered Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the next quarter, Report. any problems that may Impact the project as originally proposed, including but not limited to changes in Scope of Services, be liiciades, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to reporvcftscuss any problems encountered in order to resolve them as qutckly as possible. Section VI: Technical Assistance This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity. Instructors, Denifona & Acronyms (crested'61301081 revised 9W8 Page t o15 f QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS &ACRONYMS Section VU' Performance Measurement 1. Accomplishment Type: Enter %.0In the box that corresponds to with the actual accomplishment type of this activity IPeople, Households, Businesses, Organizations, Housing Units, Public Facilities, or Jobs), 2. National Objective:. Enter "X" In the box that corresponds with the National objective of this activity. Refer to Attachment A in the Contract to locate the National Objective for the activity —or— contact the Contracts Officer to Obtain ibis Informat ion, The data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and the Recipient must complete the Performance Certification check box for "No Accomplishments" 3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire andlor Construct New Homeowner Units, Rehabilitate Homeowner Units, or provide. Homeowner Counseling and Direct Financial Assislande to Homdbuyers must complete this section If any accomplishments are achieved in the reporting period and complete the Sgppiementat Form, "Performance and Benefit Data: Housing ". 4. Total, People or Households: Activities that provide Public Services or Administrative (e.g.,.fair Housing Acivites) must complete this section if any accomplishments aia achieved In the reporting period and complete the Supplemental Form; "Performance end Benefit Data: Public Services Capital Improvement and Public Facihtles.AclivllieS must complete this section If any accomplishments are achieved In the reporting period and complete the Supplemental Form, "Performance' and Benefit Data: Capital Improvement & Public Facilities ", 5. Total Jobs: Activities that create or retain jobs, and /or provide assistance to businesses, must complete this section If any accomplishments are achieved In the reporting period and complete the Supplemental Form, "Performance and Benefit Data; Economic Development ". 6. Performance Certification: The Performance Codification check box for "No Accomplishments" must be checked and Initialed by the Certifying Official If there have beeneo accomplishments during the reporting period. This fleet certifies that there have been no accomplishments during the reporting period and the Recipient Is excused from providing any further accomplishment Information on the activity status as required by HUD. Reference HUD "Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs," A copy of the Notice and additional information about performance measurements is available at the following link: htip'11www hud govt offices /codlaboutlaerformancel . 7. Report Prepared By: The name and title of the report preparer, along with the dale, must be completed. B. Signature of Certifying Official: the Codifying Official of the Recipient must sign the repod, his or her file must be entered, and the certification must be dated. This Performance and Benefit Data Report must be completed and provided to OCED for any quarter when actual accomplishments are achieved, the activity is completed, and the notional objective Is mel. in addition, direct benefit or area benefit data must be provided as well. Please fill out the requested Information completely and accurately as applicable for the funded activity. The following general Information is available on Attachment A In the contract: ActivitydD, Activity Category; HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports must include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her tale must be enter, and the report must be dated.. Instructions, Definitions & Acronyms (created 61301081 revised 915108 Page 2 of 5 + 1 0' 81 1 9 Description 24 CFR Citation Code ' BenefletaryType LMA Area Basis Benefit Low/Mod Area Benefit 570.208(a)(1) LMAFI ArearBasis Bendfit Lew/ModArea Benefit, Community Development Financial Institution (CDFI) 570.208 (d)(6)(I) LMASA Area Basis Benefit {.ow /Mod Area Benefit, Neighborhood Revitalization Strategy Area 570.208(d)(6) (1) LMC - Direct Benefit Low/Mod United Clientele Benefit 570.208(a)(2) LMCMC DlrectBenefit , Low /Mod Limited Clientele, Micreenterprise 570.208(a)(2)(III) LMCSV ' . Direct Benefit LOW /Mod Limited Clientele, Job Service Benefit . 570,208(a)(2)(Iv) LMH Direct Benefit Low /Mod Housing Benefit .570.208(a) {3) LMHSP ..� Direct Benefit Low /Mod Housing Benefit, CDFI or Neighborhood Revitalization Simtegy Area 570.208(d)(6)(II) 5'0.208 d 6 II LMJ DlrectBenefit Low /Mod Job CreaffonlRetention 670.206(a)(4) , LMJFI Direct Benefit Low /Mod Job Crsal tonlRetentloa, Public Faciitty /improvement Benefit 670,208(a)(4)(iv)(F) LMJP Direct Benefit Low /Mod Job Creation, Locallon Based 670,208(a)(4)(Iv) SBA Designated Area Basis SlumIBllghl Area Sene)It 570.208(b)(i) SBR Urban Renewal Area Slum/Blight In an Urban Renewal Area 570.208(6)(3) SBS SpolBasis Slum181lght Spot Basis 570.208(b)(2) URG Urgent Need •, Urgent Need 570.208(c) .. The data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and the Recipient must complete the Performance Certification check box for "No Accomplishments" 3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire andlor Construct New Homeowner Units, Rehabilitate Homeowner Units, or provide. Homeowner Counseling and Direct Financial Assislande to Homdbuyers must complete this section If any accomplishments are achieved in the reporting period and complete the Sgppiementat Form, "Performance and Benefit Data: Housing ". 4. Total, People or Households: Activities that provide Public Services or Administrative (e.g.,.fair Housing Acivites) must complete this section if any accomplishments aia achieved In the reporting period and complete the Supplemental Form; "Performance end Benefit Data: Public Services Capital Improvement and Public Facihtles.AclivllieS must complete this section If any accomplishments are achieved In the reporting period and complete the Supplemental Form, "Performance' and Benefit Data: Capital Improvement & Public Facilities ", 5. Total Jobs: Activities that create or retain jobs, and /or provide assistance to businesses, must complete this section If any accomplishments are achieved In the reporting period and complete the Supplemental Form, "Performance and Benefit Data; Economic Development ". 6. Performance Certification: The Performance Codification check box for "No Accomplishments" must be checked and Initialed by the Certifying Official If there have beeneo accomplishments during the reporting period. This fleet certifies that there have been no accomplishments during the reporting period and the Recipient Is excused from providing any further accomplishment Information on the activity status as required by HUD. Reference HUD "Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs," A copy of the Notice and additional information about performance measurements is available at the following link: htip'11www hud govt offices /codlaboutlaerformancel . 7. Report Prepared By: The name and title of the report preparer, along with the dale, must be completed. B. Signature of Certifying Official: the Codifying Official of the Recipient must sign the repod, his or her file must be entered, and the certification must be dated. This Performance and Benefit Data Report must be completed and provided to OCED for any quarter when actual accomplishments are achieved, the activity is completed, and the notional objective Is mel. in addition, direct benefit or area benefit data must be provided as well. Please fill out the requested Information completely and accurately as applicable for the funded activity. The following general Information is available on Attachment A In the contract: ActivitydD, Activity Category; HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports must include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her tale must be enter, and the report must be dated.. Instructions, Definitions & Acronyms (created 61301081 revised 915108 Page 2 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INS'T'RUCTIONS, DEFINITIONS & ACRONYMS Project Category [required): Enter "X" in the box that corresponds with the funded project type. Accomplishment Type Measures (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 lowlmod income. -C, .6<,wv .6� -6.6.6 a s Performance Measurement & Accomplishment'information [required) (1) Indicate the total number benefiting from the activity, (2) indicate method used to count the number benefiting from the activity - by Households served or Persons served: (3) Of those assisted, responds to each Inquiry - a through c - by providing the number that benefited, and provide the total for all. G, e s- ones -el .6-6.6.c, .C, 1 "i -,I Direct Benefit information [required]: Beneficiary Information must be provided In this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH; LMHSP, LMJ, LMJFI, or LMJP. Otherwise, bomplate the Area Benefit Information section. Provide Information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provida.requested Information in the fncome Category and Other- Beneficiary Data Sections. Area Benefit information (required): It applicable for funded activity. Funding Sources /Leveraging of Funds [required] Project Type (required]: Enter "X" in the box that corresponds with the funded project type, Measures: Acquisition /Disposition and CfearancelDemoliflon activities only - Enter %' In the box that corresponds with the funded activity. Accomplishment Units Completed (required]; Indicate the number of units completed (Structures, Parcels, or Faciiitiesj, number of persons served, and number that are low/mod income Performance Measurement & Accomplishment Information [required] (1) Enter total number benefiting from the activity for the program year. (2) fridicate if the count Is by Household or Persons. (3) Of those assisted, respond to each Inquiry -a through h - by providing the number that benefited, and provide the total for each section. w 1�- F .6 .e-e;"a,•e,"I -d =- <1 a «6- 011�"6w%,_d�.av"6.4r,.6.6 c Direct Benefit Information [required]: Beneficiary Information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFi, or LMJP. Otherwise, complete the Area Benefit information section. Provide' Information for actual number of households or persons assisted, for this reporting.perfod and the cumulative total. Also, provide requasted information in the Income Category and Other Beneficiary Data Sections' Area Benefit Information [requirecip if applicable for funded activity. . r„- c, ��w�wi���t�- c,. �s .at.ota.m•ar.ero��- cv"cw��.e,"s� Fundfnq Sources / Leveraaina of Funds fredu'uedi HOME Funded Projects Only [required]: Enter "X' m the box That corresponds.with Note: Jobs,data should be prepared as accomplishments lake place (as jobs are the funded HOME tenure type, complete the corresponding Form, & attach It to the I created) Cron a quartedy basis, at a minimum. ,�N1, Project Type [required[,, Enter 'X' ih the box that corresponds with the funded project type. Number of Units Completed [required]: Indicate total number of Rental Units, Owner Units, or Homebuyer Households completed for the funded activity. CDBC Multi -Unit Activity, If appilcabte; Provide all requested Information for both charts In this section. Displacement information, If applicable: Provide all requested Information In the chart. Replacement Information, If applicable: Provide all requested Information In the Chad. Performance Measurement & Accomplishment Information [required] all applicable sections must be completed (1) Provide numberof Affordable Units and respond to each Inquiry - a through f- by providing [he requestedlnformatlon (2) Provide number of Section 504 Accessible Units (3) Provide number of units qualified as Energy Star (4) Provide number of units brought up to HQ511-ocaf Code (Rehab only) (5) Provide number of units brought In compliance with lead safety (Rehab only) (6) Provide number of units created through conversion of non - residential to . residential buildings (Rental Rehab only) (7) Provide number of households previously living insubsldlzed .housing (AcqulsitloNConstrsetlon New Homeowner only) Direct Financial Assistance to Homebuyeri, if applicable (1) Provide number of first -time homebuyers and or those, indicate number that received housing counseling (2) Provide number receiving Down Payment AssistancelClosing Costs Direct Beneficiary Information ( required] - must be completed for the actual number of households assisted, for this reporting period and the cumulative total. Also, provide requested Informaton In the Household income Category and Other Beneficiary Data Sections. Fundfna Sources t Levemolno of Funds freoulredi required for this (1) Complete the Job Creation area If the activity is expected to create jobs, otherwise, complete the Job Relanffon area if the activity is expected to retain jobs. (2) Indlcakithe number of jobs created or retained, as applicable, by job type for this reporting period and the cumulative total. (3) Direct Benefit Information - must be completed for the actual jobs created or retained, as applicable, for this reporting period and the cumulative total. Also, provide requested Information in the Income,Calegory and Other Beneficiary Data Sections, (4) Number of jobs created with employer sponsored health care benefits (5) Number unemployed prior to taking job created (6) Number of jobs retained with employer sponsored health care benefits (7) Provide explanation if proposed goals are not met Assistance to Businesses (responses required for this Accomplishment Type) (1) Indicate total number of business assisted, of that amount indicate how many are now businesses and the number of existing businesses (2) Of the existing businesses, Indicate how many were expanding businesses and the number that'were relocating (3) Indicate the number of businesses assisted with (agade treatment or business building rehab (4) Indicate the number of businesses that provide goods or services to meet the needs of a service area, etc. (5) Provide the DUNS number for each business assisted [a requirement for any business that receives Federal assistance] �w e.C, .e, c, .'n..6 a s "N -6 -,.d% Area Benefit Information [required] Funding Sources 1 Leveraging of Funds, (required) Required Attachments must be provided, If applicable. instrectlons, Dellnllions &Acronyms [created 613001 revised 915108 rage a or C ATTACHMENT C QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Area BeneflU Those activities having a national objective of LMA LMAJi, and LMASA. Beneficiary Bala is repo d by Survey or Census data for the percentage allow- and moderate- fncome persons In these vice area, CDBG regulations specify that 51 percont of the residents of the service area must be LMI. Exampias of area benefit activities fnciude streeUsidewalk improvements, water /sewer Ines, nelghborhbod clittles, and lagade improvements In neighborhood wmmerciai districts. Census Block: A geographic area beunded by visible andlor Invlslbie faalurasshown on a map prepared by ihe U.S. Census Bureau. A block is the smallest geographic enilty for wi (ch the Census Bureau tabulates decennial census data. Census Tract: A small, reletfVely permanent sfatisllcal subdlvislon of a county or s(atlstloally equivalent entity, led for data presentation purposes by cal group of census data users or the geographic staff of a regional census center In accordance with Census Bureau guidelines. CDBG National Objectives; The authorizing statute of the CDBG program ' requires that each activity funded except for program administration and planning activities must meet one of three national objectives. All CDBG activi(les must achieve One or more of these national objectives, • Benefit to low and moderate-Income-(LMI) persons, • Aid In the prevention or elimination of slums or bight, and • Meet a need having a particular urgency (referred to as urgbnt need), e.g., existing conditions pose a serious and Immediate threat to the health or welfare of the community. In addition, a minimum of 70% of the CDBG program.expenditures must meet the LMI benefit national objective, Direct Benefit: Those aotivIfles having a national objective of LMO, LMCMO, LMOSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Beneficiary data Is reported by the total number of persons or households beraffifing from an activily. DUNS Number: Data Universal Numbering System (DUNS) number Is a requirement for any business that receives Federal assistance, if a business does not have one, It should call the DUNS number request lin6 at 1-866-705.-5711 to obtain a number. The process Is free and takes about ten minutes, fro an ENERGY STAR: ENERGY STAR Is a joint, program of EPA and DOE to help us all ' save money and project the environment through energy 0 1 1 t products and practices. HUD encourages Incorporation of ENERGY STAR qualified products and practices when conducting rehabilitation or constructing new housing, Likewise, ENERGY STAR Is a data element for a ' norgy conservation activities for the housing indicator categories In the . performance measurement system. Extremely Low-income: Households with annual Income less then 30% of the area median Income, as established by HUD. The number of household members Is used In the determination. Ethnic Categories: HUD and grantees are required to treat offinloity, as a separate category. Wspanto or Latino' and Not Hispanic or Not Wine are designated as separate ethnicity categories. • Hispanic or Latino: A person.of Cuban, Mexican, Puerto Rican, South or Central Ameldcan, or other Spanish culture or origin, regardless of race. The term, 'Spanish origin,' can be used In addition to"Hisprinicor Who.' ri • Not Hispanic or Not Latino: Apersofl not of Cuban, Mexican, Puerto Rican, South or Central American, or . other Spanish culture or o gin, 'reffardWsofraoo, Family: All persons living in the same household who are related by birth, marriage, or adoption, Household: All persons occupying the same housing unit, The occupants may be asingle family, One person living alone, two or more families living together, or any group o . of related or unrelated persons who share living arrangements. Housing Clurifify Standards (HQS): HQS are set acceptable conditions for Interior living space, building exterior, heating and plumbing systems, and general health and safety. The purpose of HQS Is to determine whether a housing unit Is decent, safe and sanitary. income: (1) Annual income as defined under Section 8; (2) Annual income as reported under the Census long form; or(3) Adjusted gross Income as defined by the IRS Form 1040. Low Mod Job Creation or Retention (LMJ): An activity designed to meet the National Objective of creating or retaining permanent jobs, at least 70 percent of Mich (computed on a full -time equivalent basis) will be made available to or hold by LMI persons. Low Mod Limited Clientele (I.MC): An activity carried out to meet the National Objective of benefit to LMI persons. Activities under the 1,MC category must. meet one of the following criteria: • serial( clientele that Is generally presumed to be principally LMI (abused -cht1dren,,batered spouses, elderly persons, severely disabled adults, homeless persons, Illiterate adults, persons living ,44(h AIDS and migrant farm workers); or • Require documentation on family size and Income in order to show that at least 70 percent of the clientele are LMI; or • Have Income eligibility requirements limiting the activity to LMI persons only; or Be of such a natureand in such a location that It can be concluded that clients are primarily LMI. ns that bens its all residents In a Low • Income Area Benefit (LMA)t An activity carded out to race( the National Objective of benefit (a LMI .perso particular target area, where at least 51 percent of the residents are LMI persons. c Limit, Low and Moderate Income (LMI): Low and moderate Income means family or household annual Income less than the Soollon.8 Low In Ome generally 80 percent of the area median Income, as established by HUD, Low-income Ho6seholdifflarrilly: A householdtfamily having an Income equal to or less than (he Section 8 Very Low Income limit (50% of the area median Income) as established by HUD. Low Income: Households with annual Income less than 50% of the area median Income, as established by HUD, Low Mod Housing (LMH); An activity carried out to meet the National Objective of benefit to LMI persons/households, e.g,, acquisition, construction, or Improvement of permanent, residerittal structures which, upon completion, will be occupied by LMI households, Matrix Coda., The matrix code Indicates how the activity is ellgilile under CDBG regulations, It generally Identities the purpose for which assistance was provided, and determines the type of accomplishment units that should be reported. enterprise. Mloroenle,,drle: A business has five or fewer employees, one or more of whom owns the e% Of area median Moderate•limome House ,,,,, d/Family: A household/family having an Income squat to Or 1883 than thd Section 8 Low Income limit (80 Income) established by HUD, but greclor than the Section 8 Very Low Income limit (60% Of area median Income) established by HUD. . Page 4 of 5 InstInstructions, D . Definitions & Acre ftyras [created 6130I081 revised 915108 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS & ACRONYMS Objectives: The objectives capture the range of community Impacts that are expected to occur as a result of program activities. There are three possible objectives for each activity: 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities. Outcomes: The program outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of the activity. There are three possible outcomes: l) AvailabilityAccessibllity, 2) Affordability, and 3) Sustainablilty. Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit may be sold without penalty to the homeowner. Program Income:.Any gross Income received by (he sub recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)). Racial Categories: HUD data requests for racial Information provides the option of selecting one or more of nine racial categories to Identify the racial demographics of the Individuals andfor the communities (hey serve, or are proposing to serve. 1. American Indian or Alaska Native. A person having origins in any of the original peoples o(North and South America (including Central America), and who maintains tribal affiliation orcohfmunity attachment. 2. Asian, A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,, Korea, Malaysia, Pakistan, the Philippine islands, Thailand, and Vietnam. 3. Black or African American. A person having origins in any of ttie'black racial groups of Africa. Terms such as "Hallian" or Negro" can be used In addition to "Black or African American." 4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White. A person having origins In any of the original peoples of Europe, the Middle East, or North Africa. , 6. American Indian or Alaska Native & White, A person having these multiple race heritages as defined above, 7. Asian & White, A person having these multiple race heritages as dented above. B. Black or African American & White. A person having these multiple race heritages as defined above. 9, American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. .10. Other Multi - Racial. A person reporting multf-race heritages not Included in any of the other nine categories listed above, and that have a total count that exceeds one percent of (he population served. Section 504: Section 504 of the Rehabilliatton Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. It Imposes' requirements to ensure that. "quaflfled i0dividuals with handicap's" have access (o programs and actMtles that receive Federal funds. Minimum requirements include, but are not limited to: 1) Removal of Physical Barders, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative Requirements. Sub recipient: An entity that assists the recipient to Implement and administer Its program. Sub reo plents are generally nonprofit organ(zatfons that assist the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job - training program. Sub recipients are also referred to as sub grantees. Survoy: The s6rvey instrument and methodology must be approved by HUD (or the purpose of establishing the percentage of'LMI persons in a service area. A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance is avallable to CPD Notice 05.06, insinuations, Deiinlilons &Acronyms (created 6130/081 revised 915108 Page 5 of 5 ATTACHMC+NT A MIAMI -DADE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures Is to foster the Implementation of environmentally compatible activities. As a grant or loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part 1, AGENCY AND PROJECT DETAIL 2. indicate Funding Source: ❑ ` CDBG ❑ HOME ❑ HOPE VI ❑ HOMELESS (SRO /SHP) ❑ ELI ❑ BEDI 2, Indicate Fiscal Year: FY 20_ 3. Name of SubrecipienVAgency: 4. Name of Proposed Activity: 5, Location Address with City, ST and XI of Activit or Pro ect: 6. Site Folio Number(s): 7. Commission District(s): 0. uIreri uunldGUnivt 11 Jowl I VI IVaIuylan� Vl Name: Address: Olt : State: Zi Phone: I Fax: Form Revised 10112107 9. Detailed'description of activity or project: 1o. 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 Part III. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and. proposed land use: Existing? 2. Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one (11 acre or more ❑. YES ❑ NO 3, Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ YES ❑ NO if yes, photographs must be provided of each side (front, rear and sides) of the structure(s) pposed ide r o ntified by address. in addition, provide for each existing photographs st ng st ucture on hesite, the following information: Existing structure(s) on site? ❑ YES ❑ NO Estimated age of structure(s)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ❑ NO 3 If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? in addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase i Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the .likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid wastellandfili 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 t been performed? ❑ YES ❑ NO 6, Environmental Health Information: if a residential site, and the activity Includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ NO if yes, please submit the results. Have any child under the age of seven at the site been tested for elevated levels of lead in the body? [] YES ❑ NO if yes, please submit the results. 7. Other Site Information: Part IV, SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a. scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an Itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. . 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION i certify to the accuracy of the information provided. 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 approved environmental reviews are valid for one (1) year maximum. Print 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 7o1 NW 15r Court . 1411 Floor Miami, Florida 33136 Date YES NO 1. Flood insurance re uired? 2. Public water available on site? 3. Public sewer available on site? 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 6, Hazardous waste dis osai facilit ? 6. Stora e of hazardous materials on site? 7. Abandoned structures on site? Part IV, SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a. scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an Itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. . 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION i certify to the accuracy of the information provided. 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 approved environmental reviews are valid for one (1) year maximum. Print 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 7o1 NW 15r Court . 1411 Floor Miami, Florida 33136 Date TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPTk CENST** CEST*** EA * * ** Economic Development Notice /No Notice/No RROF (Me Statutory FONSI and New Construction RROF RROF Requirement Triggered) X Rehab X1 X2 Non - Construction /Ex anslon X Publish NOURROF Housing (Statutory Requirement Single Family Rehab X Multi- Family Rehab X1 Xz New Construction X Homeownership Assistance X Affordable Housing Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X1 Xz Infrastructure X1 XZ Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public NodeelNo Publish Td eyed Statutes Notice /No Notice/No RROF (Me Statutory FONSI and RROF RROF Requirement Triggered) NOURROF or Publish NOURROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30.45 Days 30.45 Days 45 -90 Days , 90 pays Td eyed Statutes Minimum X1 if for continued use and change in density (or size) of less than 20% Xx Change in density (or size) of more than 201/o * Exempt Exempt Activities ** CENST Categorically Excluded and -Not Subject to 58.5 *"* CEST Categorically Excluded Subject to 58.5 * * *" EA Environmental Assessment (Format 11) ATTACHMENT E CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that 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 malting of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. if any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying,` in accordance with its instructions, 3. The undersigned shall require that the language of this certification be. included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and- cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. 4, . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to Pale the required certification shall be subject to a civil penalty'of not less then,$10,000 and not more than $100,000 for each such failure. By: print: Title: Date: Ham' 6h �) Dt �7vUJ derfoo ARr4�, Mp-yDr 000lg k7.'MQsv'- owlpbmm 400lq : IV Of VIW� 4 Mdraj M. Os QW(Y A, Carlos A . xely Joe Rohm'A' WkO, dr.. cool vxu�wroy MIA r Pern k no LtbrarV 0" a.,�.Qjg ;8;ll" . 11 MM SAIVI04r. pu-fL'MF'TIT wM 1-08 sik4l) il" 'T x6l This Form to bo Faxed to, 365-375 -1125 Attention: Michael 0, Smart ATTACHMENT F 0.4'any W hs N —siq" rA Q,ArFfA pvd'ed UN00,wi,ei amb-or 000 5U)'libliffni Lomas (Max 21 locitlo" OF 3i�xl PIAOOM04t i City of South Miami Publoc Works Department South Miami MI- AMI;CiC3WY I 2001 Public Swimming Pool Feasibility Study Murray Park Master Plan Update Study Funded By: Miami -Dade County Office of Community and Economic Development FY 2003 Community Development Block Grant June 9, 2009 MCHAPRYASSOCIATES AROH(TECTURE / ENGINEERING ! PLANNING 2780 SW DOUGLAS RD, SUITE 302 MIAMI, FLORIDA 33133 (305 }445.3765 James W. Plersol, AFA Thomas M, Carlson, AIA AA0000988 ES®003863 Special thanks to the City Commission & Administration members who I participated in our one -on -one planning sessions to explore the numerous pool site option variations City of South Miami Commission Mary Scott Russell - Mayor I Velma Palmer - vice Mayor Craig Z. Sherar- commissioner i Marie flirts- Cooper — commissioner Randy G. Wiscombe —Commissioner f City of South Miami Administration �\ Maria V. Davis - city Manager Earl Gallop - city Attorney Maria M. Menendez- City Clerk I j Alan Ricke - Parks & Recreation Director Joe Gibson - Community Redevelopment Agency Director a Ajibola Balogun - Public Works Director iRudy De La Torre - Building Superintendent �. We also wish to recognize the contributions from the following Consultants: Aquatic Design & Engineering, Inc. - Pool Design Kimley -Horn & Associates, Inc. - Civil Engineering -t - 1\ Murray Park Muster Plan Update 1 City of South Miami Public Swimming Pool Feasibility Study Final Report Executive Summary May 10, 2004 The City of South Miami has, for many years, had a strong interest in making a public swimming pool "part of the phased master plan for Murray Park. When added to the Phase,'1 Hope Butler Center completed in 2001, and the Phase 2 Community Center completed In 2003, the proposed Phase 3 Aquatic Center would complete the build out of Murray Park, and provide the City with a consolidated community /recreation center combining a range of athletic and recreational activities with educational opportunities for South Miami's youth and adult population. With these interests in mind, the city engaged the services of MCHarry Associates to analyze the feasibility and implications of constructing a public pool on the Murray Park j property. initially, the study focused on.broad -brush scope Issues Including tentative city J interest in an enclosed pool; interactive water play facilities; an infant pool; and a public pool capable of hosting competitive swimming events. Over the course of several meetings with the city, and a public workshop, the scope of study was refined to a public pool and infant pool, only, to meet the City's commitment to offer a safe and secure public swimming pool environment'for city residents and the community at large. The following graphic exhibits delineate four separate alternatives to the Murray Park master plan, adding a public pool facility and making related changes to both public parking and basketball hard -court locations. The proposed alternatives are the product of more than a dozen meetings conducted over several months with a variety of individuals representing neighborhood interests„ the city commission, the community redevelopment agency, and the city's public works and parks and recreation departments. Each proposed alternative is organized, in part, around the city's interest In recapturing a meaningful playing field capable of hosting youth oriented field games at Murray Park. The options, for siting the pool have, therefore, been limited to the northwest and southwest corners of the site, preserving the largest possible open green'space for this purpose. it is important to recognize that the full build out of Murray Park, as proposed, Is significantly constrained by the limited amount of park property available. Presentation and, review of the various alternatives culminated with an April 29th Commission Workshop convened to solicit meaningful public comment and, critique, and to achieve a consensus on which alternative best meets the City's goals and objectives. . No definitive direction was Identified lathe workshop for implementing a Phase 3Aquatic Centerat Murray Park. A forthcoming commission meeting will be the venue in which the direction, necessary' to initiate the City's process to solicit .project funding, will be established. 13 1 8 1 S H 1 9 9 MS I t 11 if D- 7 CL c) 0 IL ri 1. 4 -if CL R I 'o 11 o 003 HIMM dY09 NA a3 r,t -4a C.4 5 15D3 OR MOM }w feu Is �M r-------------- O;q p, g mn ri ri I.J Li Ud 03, Ijt N L 7N U lk 13 3 8 1 9 H 1 9 9 MS SMOV319 M, ro C4 0 CL = �05i ---9 IL CL 0 Oz, I H18ON of 6.1 I J Ud ON, SH a JTt 3,z 1. 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E4 a"�d4J t . et : r; i !. o °� o 1 —+ ° w '5N fie &` 3, 0 �p N � ~� 'ib•�� him � ' 1 `. �f1t 4 / c m Ile' '� �' � m�m � ���,F i �., t a :���, y`�`._ ✓ /�' ' <� ', w rd F }• ' � 1 f , I u25�`� xa .«/. ca�N , �g ��' i� `a \ �'cJS� q+test ff IFT, \\Jl b Q3N � S i 4YZ.wa 4 zT.5.,�:� � t } try i'r 41 }v\ V tx � k ^s �' ! x ,t t r`' (� • x INrr f4ri �?i tl`�"5, F m� r+�a j � �'� iwi:t� ktAc 12 �' C .} a t ( ✓� � f�( F,,��r i jtZ}t��•� i r � 41 is�l l,� t{ (Y � � ' " . jy/ (yam 1v J� iJi �t ' t 1 ,t 1 d 1332115 H199 MS t a i I Y r + l 101- jI v. � 1 { ) ' a Y 21 \ s t� + •5 - +i e a 1 i F I � ) FIV 1 1 t 7 Ax r t x + Y + of Gantents " { r ,TapJa 5 � r t I � u , Y r AI�U t i 1 TABLE OF CONTENTS 1 City.of South Miami Administration List Executive Summary i 1 - 6 Table of Contents 7 CONCLUSIONS OF STUDY Final Four Options 4 pgs 1 pg Predesign Cost Analysis Predesign Options and Maintenance Cost Analysis 1 pg PREDESIGN CODE ANALYSIS Summary Zoning Map 2 pgs Zoning Code Excerpts 3 pgs 1 pg Civil Engineer Preliminary Findings Public Swimming Pool Fixtures required N Florida Building Code 'I pg m TECHNICAL DATA Summary Pool Design Guidelines 7 pgs "Graphic Standards" for Playing Fields & Basketball courts 2 pgs " APPENDED INFORMATION Appendix "A" Public Workshop #1 Dec -9 -03 presentation 3 pages Appendix "B" Public Workshop #2 Apr -29 -04 presentation 3 pages j Appendix "C" Meeting Minutes Apr- 29 -04: Commissioner Workshop 9 pgs a Apr- 22 -04: Pre - Commissioner Workshop 9 pgs Mar- 26-04: Commissioners Wiscombe & Sherar 7 pgs . Mar- 23 -04: Commissioner Birts- Cooper & vice Mayor Palmer 5 pgs Mar- 17 -04: Mayor Mary Scott Russel 4 pgs Mar- 15 -04: Ad Hoc Committee 4 pgs Mar -9 -04: Pre -Ad Hoc Committee 3 pgs Dec -9 -03 Work Shop Meeting #1 3 pgs I Nov- 11 -03: Kick -off Meeting 1 pg -7- I {tt 1 5. { t 1'„ 1 + t iV 1 a I f` 5 t t : + a t 1 i ' f i i t 1 j � s i r } 1 ; s r � � t i k ofatady Canc)uslans •, t + t 1 1 YM;(. ��"� � v.' �r K �.: "�i' �' I � i�:l� �,�' �. { ���� �������� ,ww«^:u�xxuu^v^``~,~°`°_.. '- --_ {(' }� � � � ~ ~ � + > 4 ' Option i —South Pool / Gonera(OvoM**: ' of the Murray Park site and northeast This option locates the public pool facility in the southwestoorner ( nf the Intersection v/»»v5»1h place and "`,hn"|`~`'- The !pool mmih approximately o/oouppv�v�v��hnnow/3�0O � and accommodates ak;h�85metecmwm "p""om'~o*e|uoyno|nquiprnon{und ( xf�oostaodingbu||U|ngwhiohh000^x/m|ex000n/on/u"^"/. ,a l / ' storage area.. Vehicular Po/k|nQImplications: | / This option increases the minimum required on-site public Parking count at Murray Park fr from 81 spaces 1n133 spaces. Curmotly.tka/a are 1V0 spaces available at Murray Park. Accordingly, 3xnew spaces must be added. This option, Is capable of adding only 28 new spaces, representing a shortfall of 5 spaces. if tile city chooses to POTSUS this option, the parking shortfall must be addressed. / |tio important to note that the adjacent CRAVMoh/e' building |o not part nf the oky*s park pnoperty�Axe uvnsequnocothe related 25 space pa,�Olot cannot be factored Into the nv/nuaror spaces available to »nn|rvthe 'Murray Park demand for parking unless approved via a city variance. / » Playing Field Opportunities: Uo|dar*a10�widoby25V' long. These ammurgmn|�o|ddi,nen»konsfor Thuvy(k`nmm�»san»P�n d�oih*���inegpanup*cnp,od*ntf»rYov\h«»":»'et i UWdganw�be�uuootboydvno�nmnm"nr . a|. Impact »n Existing Park Facilities: described &e &/ooxbt|nVhaxk*\haVhard ;uu�»must h* } |�,'drr�o�,pa�+UkooPrn�«|do/«alocated �bovo` between the Phase / Hope Bv&p/Conk»rand / dnmo|iuho�uvd,000no�uo��dinthoop�nmroa the Phase 2 Community Center, � Prodedgn Construction Cost Anmlysio: $1.75 million Option I South Pool \ ��'"" p %ISIyi PL sue- TAnoN m"^ OPTION 2 q _— _..._._ ^� NORTNA�IyANm..x e - fwxr 1 Labnq o/tWa`_ dL1L .- O at.te vLeQ Q P) � ,y, �j NrN�ay park Pool study '�1d ! , al 1 'iI r 1�j'� VNMNe PFa111Pf11 = IA —� , .�.. W 'm a %tbdtta .128 1t ._ —. MCI'!•... Iql �- �. .Y4]iiiiltoaL G [ wLtu we `-_'gg'{t a � - -__ ��` ate. mom rf SW'a BIN PLAa4 a 9r ,ONPItRY' ^. -cb "CA 1 Option 2— North Pool Alternate A 1 General Overview: This option locates the public pool facility on the northwest side of the Murray Park site between the Phase t Hope Butler Center and the Phase 2 dommunity Center. The pool is approximately 67, wide and 82' Jong and accommodates eight, 25 meter, swimming lanes. Pool operatlons are supported with a new, 2,600 sf, freestanding building which houses toliet/shower /locker rooms as well as a second, } new, goo sf pool equipment and storage building added to the westside of the Phase 2 building. Vehicular Parking implications: 1 This option Increases the minimum required on -site public parking count at Murray Park from 81 spaces to 133 spaces. Currently there are loo spaces available at Murray Park. Accordingly, 33 new spaces must be added. This option Is capable of adding only 26 new spaces, if a landscape area Is to be maintained separating the east parking lot from the playing field. With this layout, a shortfall of 7 spaces results. This shortfall can be overcome if 16 new spaces are added to the existing eastside parking lot similar to Option 1. It is important to note that the adjacent ORA/Mobley building is not part of the city's park property. As a consequence, the to service the Murra Padrk demand for parking unless approved is of spaces available a city variance. y t ` Playing Field Opportunities: 250' long. These are me field games because they do not accommodateetheysideline green space prudent foriyouth socceor at at, Impact on Existing Park Facilities: in order to create the open field area described above, the two existing basketball hard courts must be demolished and reconstructed in the open area located In the southwest corner of the Murray Park property. Predesign Construction Cost Analysis: $1.86 million .Option2 xL "r North Pool Alternate -A MICHARRYASSOCHUES sue- ,da TAI , ax- - -,'a OPT10N -3 NOHTHAwi- NlamNo-'P" , x Io�J Y gelanl• Tet Let - Pc4RUmr I- MutroNM.an Y Perk Pcol study _ —_ PfRgW REWH[a .. 135 �� I® P.WMN] VRONON w IRp 0. Feo is f1 eye, oarvq�J - -- QeQ -p R ,• L1�11J_LJ_L1 it vH 9aTHn PLACE �'/ °A gtCHAP2Y :.NGA.Ee Option 3 —North Pool Alternate B General Overview: This option locates the public pool. facility on the northwest side of the Murray Park site between the Phase f Hope Butler Center and the Phase 2 dommuniiy center. The pool is approximately 67' wide and 82' long and accommodates eight, 25 meter, swimming lanes. Pool operations are supported with anew, 2600 sf addition to the Phase ? Hope Butler Center that will house toliet/shower /locker rooms. and storage building is proposed to be added to the west side A second, new, 900 at pool equipment ' of the Phase 2 Community Center. Vehicular Parking implications: This option Increases the minimum required on -site public parking count at Murray Park from 81 spaces to 133 spaces. Currently there are too spaces available at Murray Park. Accordingly, 33 new spaces must be added. This option is capable of adding only 26 new spaces, resulting In a shortfall of 7 spaces results. if the city chooses to pursue this option, the parking shortfall must be addressed. It is Important to note that the adjacent ORA/Mobley building is notpart of the city's park property.-As a consequence, the related 25 space to service the Murray Park demand orrparlk parking unless approved via e city variance. of spaces available f Playing Field Opportunities: This option creates an open field area 160' w de by 250' long. These are marginal field dimensions for field games because they do not accommodate the sideline green space prudent for youth soccer at al. impact on Existing Park Facilities: in order to create the open field area described above, the two existing basketball hard courts must be demolished and reconstructed in. the open area located in the southwest corner of the Murtay Park property. Also, the proposed addition the Phase 1 building requires the Tot Lot to be relocated, In this option, to an area east of the playing fields and west of the eastside parking lot. Predesign Construction Cost Analysis: $1.88 million �. Option 3 North Pool Alternate - B 4 I FP4_V �SiAil6 ___++ _-. .- -� oPTION•4 N0 TN P°ol- AA°r6m°-G` MCHARRYASSOCIATES n eiaa Po tu —J_ —'• �Q , Q Y' Q ® Murray Pork ol Sdy tl g®PAR, flfEUPfA w 1]] PA4%WE PRMUM - Il< ldc'w -- r+w.e o y a. yn YIY�9 l ] l �}��� i:', uif ✓tine o,t [.�� _ -ypyr � v� ..t,ll v _ l a — - _- u ---- u c,o •u Ax. [[Nero- . SW 56TH PLAC 4'J option 4 —North Pool Alternate C General overview: This option locates the public pool facility on the northwest side of the Murray Park site between the Phase 9 Hope Buller Center arid the Phase 2 Community Center. The pool is approximately 67' wide and 82' long and accommodates elght, 26 meter, swimming lanes. Pool operations are supported with a new, 2600 sf addition to the Phase 1 Hope Butler Centerthat will house toilet/shower /locker rooms. A second, new, 900 at pool equipment and storage building is proposed to be added to the west side of the Phase 2 Community Center. Vehicular Parking implications: This option increases the minimum requr10 on-site public parking count at Murray Park from e1 spaces to 133 spaces. Currently there are 100 spaces available at Murray Park. Accordingly, the 33 new spaces must be added. This option Is capable of adding 44 new spaces, exceeding the minimum requirement by it spaces. it is important to note that this option is predicated on city acquisition of the CRAlMobiey property, parking lotto meet a portion of the accordingly, overall Murray Park vehicular parking using 25 space k'ing requirement Playing Field Opportunities: ' wide by 306' long, These field games because they do aceommod to the sideline gr en spa ease essary for youth soccer at aolr impact on Existing Park Facilities: In order to achieve acceptable relationships among the various master plan elements, the two existing basketball hard courts must be demolished and reconstructed in an open area located on the west end of the park property. Also, the proposed addition to the Phase 1 building requires the Tot Lot to be relocated, in this option, to an area immediately south of the Phase 1 building. Predesign Construction Cost Analysis: $2.2 million ,,. 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