Res. No. 129-08-12726RESOLUTION NO.- 129-08-12726
WHEREAS, the Mayor and City Commission wish to amend the grant agreement with Miami-
Dade County's OCED; and
WHEREAS, the grant agreement amendment for S.W. 66th Street Improvements has increased
for a total amount of $300,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission authorize the City Manager to execute the grant
agreement amendment with Miami-Dade County's Office of Community and Economic Development for
S.W. 66th Street Improvements.
Section 2: The attached exhibit is incorporated by reference into this resolution.
-4-
PASSED AND ADOPTED this S of 4LA�4_� . 2008.
READ AND APPROVED AS TO FORM:
CITY-kTT-ORNEY
Include File Name and Path
COMMISSION VOTE: 4-0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Wiscombe: absent
Commissioner Palmer Yea
Commissioner Beckman: Yea
pin, I NEW,
IM-Paeficacity
CITY OF SOUTH MIAMI 111ir
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: August 5, 2008 Agenda Item No.:
Subject: S.W. 66th Street Improvements (inclusion of 57th Avenue)
Request: To authorizing the City Manager to execute a grant agreement amendment with
Miami-Dade County's Office of Community and Economic Development
Reason/Need: The City of South Miami was awarded a grant in the amount of
$200,000.00 from Miami-Dade County's Office of Community and
Economic Development (OCED). Through the OCED 2008 Plan
Amendment process, the City has been allocated an additional $100,000;
which increases the total award to $300,000.00. The attached resolution
will allow the City Manager to execute the grant agreement amendment
with OCED for S.W. W' Street Improvements.
N/A
Funding Source: Office of Community and Economic Development
Backup Documentation:
El Proposed Resolution
L3 Plan Amendment Notification Email
0 Previous Resolution
El Existing Contract for SW 66th Street
P age 4 of I
From: Goodson, Letitia-S. (CED) (786) 469-2220 [LGOODS@miamida'de.gov]
Sent: Monday, May 19, 2008 3:26 PM
To: Aubrun, Carol
Cc: Colon, Sonia (CED) (786) 469-2121
Subject: City of South Miami - SW 66th Street Improvements Ph 1 ($100,000 Plan Amendment)
Importance: High
Per our conversation, please submit to our office a new resolution, revised budget and Action Steps for
Scope of Services. These documents are being requested to include the additions! $100,000 (CDBG
FY 2008) allocated to the City of South Miami for the SW 66 Street Improvement's — Phase I activity
that was* awarded May 6, 2008 through the 2008 Plan Amendment. Please submit the document(s) to
OCED by Friday, May 30, 2008. If you have any questions, �please contact me at (786) 469-2220.
Thank your for your cooperation.
Letitia Goodson
Letitia S. Goodson, Contracts* Officer
Miami-Dade County Office of Community. and Economic Development
Community and Economic Development Division
Overtown Transit Village North
701 NW I st Court, 14th Floor
Miami, FL .'33136 '33136 -
Tel: (786) 469-2220
Fax: (786) 469-2226
Email: lgoods@miamldadg gov
www.miamidade.gov /ced
"Delivering Excellence Every Day"
5/20/2008
WHER5AS, the Mayor and City Commission mesh to accept the grant from Miami-Dade County's.
OCED; and'
WHEREAS, the grant agreement is for S.W. 66th Street I Improvements in the amount of
$200,000.00.'
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI; FLORIDA THAT:
Section I., The Mayor and City Commission authorize, the City Manager to execute the grant
agreement with Miami-Dade County's Office of Community and Economic Development for S.W. 6e
Street Improvements.
Seefion 2: The attached exhibit is incorporated by reference into this resolution..
PASSED AND ADOPTED this, day of A
2008.
ATTEST: APPROVED:
CLERK- MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
Mayor Fellu: Yea
Vice MaycirWiscombe: yea
Commissioner Palmer. Yea
Commissioner Bins: Yea
Commissioner Backman: yea
ln-c�ludeFft Name and Path
CDBG FY 2008
Municipality
'Ff TT-JiFE'T F L 0 "i k n T S L 0 e, VM IN"%
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND THE
CITY OF SOUTH MIAMI
This contract is entered into between Miami-Dade County, hereinafter referred to as the '"County""
and the City of South Miami, A municipal government organized under the laws of the State of
Florida hereinafter referred to as the ""Awardee"'.
The parties agree:
1. Definitions
OCED Office of Community and Economic Development or Its
successor Department
24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing
and Community Development Act of 1974, as amended -
Community Development Block Grant
Low- and Moderate-income A member of low- and moderate-income family i.e., a
Person family whose income is within specified income limits set
forth by U.S. HUD.
Contract Records Any and all books, records, documents, Information,
data, papers, letters, materials, electronic storage data
and media whether written, printed, electronic or
electrical, however collected, preserved, produced,
developed, maintained, completed, received or compiled
by or at the direction the Awardee or any subcontractor
in carrying out the duties and obligations required by the
terms of this contract, including but not limited to
finan eta[ books and records, ledgers, drawings, maps,
pamphlets, designs, electronic tapes, computer drives-
and, diskettes or surveys.
Federal Award Any federal funds received by the Awardee from any
source during the period of time in which the Awardee is
performing the obligations set forth in this contract.
Awardee Recipient of CDBG funds from Miami-Dade County
Subcontractor Any individual or firm hired on a contractual basis by the
Awardee for the purpose of performing work or functions
cited on the Action Step Format (Attachment "A) of this
contract.
Subcontract Any contractual agreement between a Subcontractor and
the Awardee
SW 66 Street Improvement— Phase I
Contract Date: 1101108 — 12134/09
If. The Awardee Agrees:
A. Type of Activity
The Awarder 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 MlamWade County's insurance requirements as well as any relevant
state of Florida insurance requirements.
7011110 UITT-1 "IMURT-Mr,
The Awardee shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the County or its
6fflcers, 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 Awarder or
'Its employees, agents, servants, partners, principals or subcontractors. The
Awardee shall pay all claims and losses in, connection therewith and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the
County, where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may issue thereon. Provided, however, this
Indemnification, shall only be to the extent and within the limitations of Section
768.28 Fla Stat., subject to.the provisions of that Statute whereby the Awardee shall
not he held liable to pay a personal injury or property damage claim or judgment by
any one person which exceeds the sum of $100,000, or any claim or judgment or
portions thereof, which, when totaled with all other claims or judgment paid by the
-A*ardee arising out of the same incident or occurrence, exceed the sum of $200,000
from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the Awardee. The
provisions of this section survive the termination or expiration of this agreement.
D. Documents
The Awardee shall submit documents to OCED as described below or any other
document in whatever form, manner, or frequency as prescribed by OCED. These
Will be used for monitoring progress, performance, and compliance with this contract
and for compliance with applicable County and Federal requirements.
1. Progress Reports
a. The Awardee shall submit a status report using the form attached
hereto as Attachment C, "Progress Repo ' rt," as it may be revised by
OCED, which shall describe the progress made by the Awardee in
achieving each of the objectives and action steps identified in
Attachment A, "Scope of Services."
The Awardee shall ensure that OCED receives each report in triplicate
(or as indicated) no later than April 8, 2008, July 8, 2008, October 7,
2008, January 10, 2009, April 8, 2009, July 8, 2009, October 7, 2009 and
January 10, 2010.
b. Quarterly Reporting when Subcontractors are Utilized
Awardeas are advised that when subcontractors or sub-consultants
P)
are utilized to fulfill the terms and conditions of this contract, Miami-
Dade County Resolution No. 1634-93 will apply to this contract. This
resolution requires the selected Awardees to file quarterly reports as'
to the amount of contract monies received from the County and the
amounts; thereof that have been paid by the Awardee directly to Black,
Hispanic and Women-Owned businesses performing dart of the
contract work.
Additionally, the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt of
such monies. For purposes of applicability, the requirements of this
resolution shall be in addition to any other reporting requirements
eequired by law, ordinance or administrative order.
The Awardee shall submit to OCED a cumulative account of its
activities under this agreement by completing the following portions
of the Progress Report Form:
section I - Status of Contracted Activities:
The Awardee must report specific information regarding the status of
the. contracted activities, including accomplishments and/or delays
encountered during the implementation of the project and an
unduplicated count of clients served during the reporting period (if
applicable) for each federally defined ethnic category.' Awardees,
engaged- in construction and/or housing rehabilitation projects shall
report on the progress of their activities including the number of
Dousing units completed and occupied by low-moderate and low
Income-residents. The Awardee shall also report amographic
Information, on each head of household. Each goal and
corresponding objective(s), -as indicated in the approved Scope of
Services, must be addressed as part of this report.
Section 11- Fiscal Information,
The Awardee must report expenditure Information based on approved
budgeted line Items to reflect all costs incurred during the reporting
period. In addition, the Awardee shall report on Program Income
Usage for each contracted activity.
Section III - Minority Business Enterprise:
Contract and Subcontract Activity Rego (First and Third Quarter
Progress Report)- The Awardee shall report to OCED the number of
business activities involving minority vendors, including
subcontractors performing work under this Agreement. The
"Contract and Subcontract Activity Report'' Section in Attachment C,
and when applicable Section 3 in the same Attachment shall be
completed semiannually by the Awardee ' and submitted to ' OCED no
later than April 8, 2008, October 7, 2008, April 8, 2009 and October 7,
2009.
Section IV - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) - The Awardee shall report to OCED the
number of focus and service area residents who have received
employment opportunities from federally financed and assisted
projects and activities. The Neighborhood Employment Opportunities
3
Report shall be submitted using the Progress Report Form attached
hereto as a Section in Attachment C, as it may be revised. This
section of the form shall be completed semiannually by the Awardee
and submitted to OCED no later than April 8, 2008, October 7, 2008,
April 8, 2009 and October 7, 2009.
The Awardee shall submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation
shall.comply with the format specified at the time of the request.
Failure to submit the Progress Reports or other information in a
manner satisfactory to the County by the due date shall render the
Awardee in noncompliance with this Article. The County may require
the Awardee to forfeit its claim to payment requests or the County
may invoke the termination provision in this Agreement by giving five
days written notice of such action to be taken.
0. Unspecified Site(s) Objective - If the Awardee has not yet Identified a
location to carry out any of the activities described in Attachment A,
the ,Awardee shall submit, In triplicate, Progress Reports, using the
form attached hereto as part of Attachment C, on a monthly basis
until such time as the Awardee complies with the provisions
contained within Section 11, Paragraph DA, of this contract Copies of
the above. described Progress Report shall be received by OCED no
later than the tenth (10th) business day of each month and shall
address the progress undertaken by the Awardee during the previous
month. This Progress Report shall not be required if the Awardee is
submitting the Progress Reports required by Section 11, Paragraph
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 11, Paragraph DA.a. above, which
shall describe the progress made by the Awardee in achieving each of the
objectives identified in Attachment A during the previous year. The "Annual
Report" must cover the CDBG fiscal year of January 1, 2008 through
December 31, 2008 and shall be received by OCED no later than January 10,
2009 and January 1, 2009 through December 31, 2009 and shall be received
by OCED no cater than January 10, 2010.
3. Environmental Review - The Awardee immediately upon locating or
48t6r1m'InIhg.a site for each of the "Unspecified Site" activities to he carried
out pursuant to this contract, shall submit information detailing the location
of each site for which a Site Environmental Clearance Statement, will be
prepared as described in Article 11, Section E.S. of this contract set forth
below.. The Environmental Review Is to be prepared on information
contained in Attachment E, "Information for Environmental Review."
Notwithstanding any provision of this Agreement, the parties hereto agree
and acknowledge that this Agreement does not constitute .a commitment of
funds or site approval, and that such commitment of funds or approval may
occur only upon satisfactory completion of environmental review and recely
by the Cought of a release of funds from the U.S. Department of Housingand
Urban Development under 24 CFR Part 58. The parties further agree that the
provision of any funds to the project is conditioned on the County's
determination to proceed with modify or cancel the project based on the
results of a subsequent environmental review.
0
4. The Awardee shall submit to OCED an annual audit report in
triplicate as required by Section 11, Paragraph I of this contract as set forth
below. The Awardee shall submit a written statement from its auditing firm to
confirm that it has cleared any non-compliance issues stated in the audit, and
a written statement from the Auditor that the audit complies with all
applicable provisions of 24 CFR Part 84.26, Part 86.26 and OMB A• 133.
5. lnvento!y Rabort - The Awardee shall report annually all nonexpendable
personal and real property purchased with CDBG funds from this and
previous agreements with the County as specified in Section 11, Paragraph 0
of this contract.
6. Affirmative Action Plan ® The Awardee shall report to OCED information
relative to the equality of employment opportunities whenever so requested
by OCED.
E. Participation In the CDSG Program
1. The Awardee shall maintain current documentation that its activities meet
one of the three (3) CDBG national objectives:
a. To benefit low- and moderate-income persons;
b. To aid in the prevention or elimination of slums or blight;
C. To meet community development needs having a particular
urgency.
2. For activities designed to meet the national objective of benefit to low- and
moderate-income persons, the Awardee shall ensure and maintain
documentation that conclusively demonstrates that each activity assisted in
whole or-in part with CDBG funds is an activity Which provides benefit to no
less than 51% of low- and moderate-income persons.
3. The Awardee shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws
and regulations described therein.
4. The Awardee agrees to comply with (a) the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing ' regulations at 49-CFP. Part 24 and 24 CFR 57 0.606(b): (b) the
requirements . of 24 CFR 670.606 (c) governing the Residental
Antidisplacement and Relocation Assistance plan under section 104(d) of-the
HCD Act; and (c) the requirements in 670.606 (d) governing optional
relocation policies. (The County may preemept the optional policies). The
Awardee shall provide relocation assistance to persons (families,
individuals, businesses, non-profit organizations and farms) -that are
displaced as a direct result of acquisition, rehabilitaion, demolition or
conversion for a CDBG assisted project. The Awardee also agrees to comply
with applicable County ordinances, resolutions and policies concerning the
displacement of persons from their residences.
5. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Awardee shall obtain,
immediately after a site is identified by the Awardee, OCED's written
environmental clearance statement and shall agree in writing to comply with
any and all requirements as may be set forth in the Site Environmental
Clearance Statement.
6. The Awardes shall make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with OCtD in
informing the appropriate CDBG citizen participation structures, including the
appropriate area committees, of the activities of the Awardee in adhering to
the provisions of this contract Representatives of the Awardee shall attend
meetings of the appropriate committees and citizen participation structures,
upon the request of the citizen participation officers, OCED, or the County.
7. The Awardee - shall, to the greatest extent possible, give low- and moderate-
income residents of the service areas opportunities for training and
employment.
8. For activities involving acquisition, rehabilitation and/or demolition of
property and which require the relocation of families, individuals, businesses
and/or industries, the Awardee shall submit a written notification to the Urban
Development- Unit of OCED prior to relocating, evacuating, and/or dispersing
any and all legal occupants who reside at this property on the basis of a long
or short term lease. When the legality of an occupant (individual, family,
business, and/or industry) is in question, the Awardee shall contact the above
mentioned unit prior to making a determination.
Awardees receiving CDBG funds shall adhere to 24 CFI part 50 and/or part
58 and to the rules and regulations of the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970, as amended.
9. The Awardee shall adopt Affirmative Marketing Procedures and requirements
for CDBG assisted projects. These procedures must consist of actions to
provide information and attract eligible persons from all racial, ethnic and
gander groups to the available services. The Awardee sh ' all 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 shall submit to
OCED its Affirmative Marketing Plan no later than 60 days from the date this
Agreement is executed.
10. For any Housing activities, the Awardee shall successfully complete the
Community Development coursework conducted by the Local Initiatives
Support Corporation, which will be held at Florida International University
throughout the* current contract period. The Awardes shall provide written
notification to OCED, no later than30 days after the completion of the
coursework. This requirement may be waived in the ' E
sole discretion of OCD
for Awardees who demonstrate knowledge of real estate development and
organizational management theory. OCED shall consider such waiver upon
receipt of the written request by the Awardee.
11. For Housing, Rehabilitation, and Construction activities all conditions In this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding his compliance with the national objective, and
OCED will have the right to monitor the activity.
12. The Awardee shall comply with all applicable uniform administrative
requirements as described In 24 CFR 570.602
0
F. -Federal, State, and County Laws and Regulations
1. RULES, REGULATIONS AND LICENSING REQUIREMENTS
The Awardee shall comply with all laws, ordinances and regulations
applicable to the services contemplated herein, especially those applicable to
conflict of interest and collusion. Awardees are presumed to be familiar With
all Federal, State and local laws, ordinances, codes, rules and regulations
that may in any way affect the goods or services offered, especially Executive
Order No. 11246 entitled "Equal Employment Opportunity" and as amended
by Executive Order No. 11375, as supplemented by the Department of Labor
Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations, the Rehabilitation Act of 1973, as amended,
Chapter 563 of Florida Statutes and any and all other local, Stati and Federal
directives, ordinances, rules, orders, and laws relating to people With
disabilitiesb The Awardee will also comply with 24 CFR Part 86, OMB A-1281
OMB A-87, and with the applicable procedures specified in OCED's Contract
Compliance Manual, which are. incorporated herein by reference, receipt of
which Is hereby acknowledged, and as they may be revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973,
as amended, which prohibits discrimination on the basis of handicap; Title VI
of the Civil Rights Act of 1964, as amended, which prohibits discrimination on
the basis of race, color, or national origin; the Age Discrimination Act of 1975,
as amended, which prohibits discrimination on the basis of age; Title Mill of
the Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination In housing on the basis ' of race, color, religion, sex,
or national origin; Executive Order 11246, as amended which requires equal
employment opportunity; and with the Energy PoNcy and Conservation Act
(Pub.L 94-163) which requires mandatory standards and policies relating to
energy efficiency.
The Provider also agrees to comply with the Domestic Violence Leave
codified as 11A-60 et 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 void ' Ing or terminating this Agreement or for commencement of
debarment. proceedings against the Provider.
1 If the amount' payable to the Awardee pursuant to the terms of this contract is
in excess of, $100,000, the Awardee shall comply with all applicable
standards, orders, or regulations, issued pursuant to Section 306 of the Clean
Air Act of 1970 (42 U.S.C. 1867 h), as amended, the Federal Water Pollution
Control Act (33 U.S.C. 1261), as amended; Section 608 of the Clean Water Act
(33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part
16); and Executive Order 11738.
4.. Assurance of -Compliance 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.
6. Americans with Disabilities Act LAEIAJ of 1990 - The Awardee shall attest to;
and submit the required Disability Mon-discrimination Affidavit assuring
compliance with all applicable requirements of the laws listed below
including but not limited to, those provisions pertaining to employment,
provisions and program services, transportation, communications, access to
facilities, renovations,-and now construction.
7
6. Affirmative Action/Non-Diser9mination of EmpOgyrnent, Promotion, and
Procurement Practices (Ordinance N&aQ) - All firms with annual gross
revenues in excess of $5 million, seeking to contract with Miami-Dade County
shall, as a condition of award, have a written Affirmative Action Plan and
Procurement Policy on file with the County's Department of Business
Development., Said firms must also submit, as a part of their proposals/bIds,
to be filed with the Clerk of the Board, an appropriately completed and signed
Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are
exempt from this requirement and must submit, in writing, a detailed listing of
their Boards of Directors, showing the race or ethnicity of each board
member, to the County's Department of Business Development Firms
claiming exemption must submit, as a part of their proposalslbids 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 lIA-60 of the Miami-Dade County Code. This Ordinance
applies to employers that have, in the regular course of business, fifty (50) or
more employees working in Miami Dade County for each working day during
each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to
provide domestic violence leave to employees shall be a contractual
obligation. The County shall not enter into a contract with any firm that has
not certified its compliance with the Domestic Leave Ordinance. Failure to
comply with the requirements of Resolution R-185-00, as well as the
Domestic Leave Ordinance may result in the contract being declared void., the
contract being terminated and/or the firm being debarred.
8. Code of Business )Ethics: In accordance with Section 2-8.1(1) of the Code of
Miami-Dade County each person or entitly that seeks to do business with
Miami-Dade County shall adopt a Code of Business Ethics ("Code") and shall
submit an affidavit stating that the Awardee has adopted a Code that
complies with the requirements of Section 2-8.1(i) of the Miami-Dade County-
Code (Form A-12).
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
8
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 (38) month's 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 Amfardee's representations
regarding the list are false, this contract shall be terminated on the discretion
of Miami-Dade County. Further, should the Awardee be placed on the list at
any time during this contract Miami-Dade County shall have the right to
terminate this agreement.
10. CRIMINAL CONVICTION
Pursuant to Miami-Dade County Ordinance' No. 94-34, "Any Individual who
has been convicted of a felony during the past ton years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or
executive who has been convicted of a felony during the past ton years shall
disclose this information prior to entering into a contract with or receiving
funding from the County." 'Failure of the Awardee to disclose this information
as required may lead to the termination of this agreement by MiaMI-Dade
County.
If any attesting firm, or any owner, subsidiary, or other firm affiliated with or
related to thwattesting firm, is found by the responsible enforcement agency,
the Courts or the County to be in violation of the Acts, the County will
conduct no further business with such attesting firm. Any contract entered
into based upon a false affidavit, as listed below, and submitted pursuant to
this resolution shall be voidable by the County:
1. Miami-Dade County Ownership Disclosure Affidavit
2. Miami-Dade Employment Family Leave Affidavit
3. Miami-Dade Employment Drug-Free Workplace Affidavit
4. Miami-Dade Employment Disclosure Affidavit
S. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
8. Related-Party Disclosure Information
9. Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees
or Taxes '
10. Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other Obligations Affidavit
12. Project Fresh Start Affidavit
13.1 Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavit
is, Financial and Conflicts of Interest Affidavit
If any attesting firm violates any of the Acts below during the term of any contract
such firm has with the County, such contract shall be voidable by the County, even if
the attesting firm was not in violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat
327, 42 U.S.C. 121014 2213 and 47 U.S.C; Sections 226 and 611 including Title
1, Employment; Title 11, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Teleoomm un !cations; and Title
V, Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4.' The Fair Housing Act as amended, 42 U.S.C. Section 3601-3831.
G. Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation
Including but not limited to, 24 CFR 670, only the conflicting provision shall be
deemed by the parties hereto to be modified to be consistent with the law or
regulation or to be deleted if modification is impossible. However, the obligations
under this Contract, as modified, shall continue and all other provisions of this
contract shall remain in full force and effect. The County's determination on whether
a provision conflicts shall be final and binding.
H. Construction
If the Awardee 'engages in, procures, or 'Makes loans for construction work,. the
Awardee shall:
1. Contact the OCED representative noted In Section IV, Paragraph K of this
contract, prior to Wing any action, to schedule a meeting to receive
compliance information.
2. Comply with the Awardee's procurement and pre-award requirements and
procedures which, at a minimum, shall adhere to all applicable federal
standards.
3. Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act; Contract
Work Hours and Safety Standards Act; and Lead-Based Paint Poisoning
Prevention Act as amended on September 16, 1999; and other related acts, as
applicable.
4. Submit to OCED for written prior approval all proposed Solicitation Notices,
Invitations for Bids, and Requests for Proposals prior to publication.
5: Submit to OCED all construction plans and specifications and receive
OCED's approval prior to implementation.
G. Contact the OCED representative noted in Section IV, Paragraph K prior to
scheduling a pre-construction conference.
In accordance With industry standards, OCED will' hold 10% of the total grant
award as a retainer until the completion of the construction work is. verified
by OCED through a Certificate of Occupancy.'
7. The County shall have the right to assign the Community Builders Division of
the Office of Community and Economic Development to assist the project if
the County's staff determines that the Awardee has been unable to
consistently achieve,the work and units described within the time frames of
the action step format of this agreement. Such involvement will result in a
reduction of a maximum of 6% of the agreement's award to cover the cost of
the technical assistance. The Awardee shall cooperate and comply with all
requests made by the Community Builders Division of the Office of
Community and Economic Development.
8. Execute a restrictive covenant with Miami-Dade County for the grant award
and the use of the land to ensure its use as a CDBG project site as defined
and described in Attachment "A" of this agreement.
W]
1. Audits and Records
1. The Awardee expending $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB
A-133. The Awardee expending federal awards of $500,000 or more under
only one federal program may elect to have a program-specific audit
performed, in accordance with OMB A-133. Awardees who will be receiving,
or who have received, federal awards for loans or loan guaranteed programs
may be required to conduct audits of those programs in accordance with
regulations of the federal agencies providing those guarantees or loans.
2. The Awardee expending less than $500,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A-133, although
their records must be available for review (e.g., inspections, evaluations).
Such Awardees that receive less than $600,000 in combined Federal awards
must submit to the County annual compilation reports that describe their
performance. To achieve uniformity regarding the reporting format, such
documents must comply with the accounting industry standards by.
communicating an independent accountant's (1) expression of limited
assurance on FINANCIAL STATEMENTS as a result of performing Inquiry and
analytic procedures (Review Report); (2) results of procedures performed
(Agreed-Upon Procedures Report); (3) non-expression of opinion or any form
of assurance on a presentation In the form of financial statements
information that is the representation of management (Compilation Report);
or (4) an opinion on an assertion made by management in accordance with
the Statements on Standards for Attestation Engagements (Attestation
Report).
3. When the requirements of OMB A-133 apply, or when the Awardee elects to
comply with OMB A -133, an audit sh' all be conducted for each fiscal year for
which federal awards attributable to this contract have been received by the
Awardes. Each audit shall include a fiscal. review, which includes a validation
of all program generated income and its disposition, especially attributable to
CD8G. funds, an internal control review, and a compliance review as
described in OMB A-133. A- copy of the audit report in triplicate must be
received by OCED no later than six (6) months following the end of the
Awardee's fiscal year.
4. The Awardee shall maintain all Contract Records in accordance with
generally accepted accounting principles, procedures; and practices which
shall sufficiently and properly reflect all revenues and expenditures of funds
provided ' directly or indirectly by the County pursuant to the terms of this
contract.
5. The Awardee shall maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services" outlined in Attachment A
in this contract.
6. The Awardee shall ensure that the Contract Records shall be at all times
subject to and available for full access and review, inspection, or audit by
County and federal personnel and any other personnel duly authorized by the
County.
7. The Awardee shall' include In all OCED approved subcontracts used to
engage subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by
OCED, each of the record-keeping and audit requirements detailed in this
contract. OCED shall, in its sole discretion, determine when services are
11
eligible substantive programmatic services and subject to the audit and
record-keeping requirements described above.
a. The County reserves the right to require the Awardee to submit to an audit by
Audit and management Services or other auditor of the County's choosing at
the Awardee's expense. The Awardee shall provide access to all of its
records, which relate directly or Indirectly to this Agreement - at its place of
business during regular business hours. The Awardee shall retain all records
pertaining to the Agreement and upon request make them available to the
County for three years following expiration of the Agreement. The Awardee
agrees to provide such assistance as may be necessary to facilitate the
review or audit by the County to on-sure compliance with applicable
accounting and financial standards.
9. The Awardes shall ensure that its auditors share their audit results with
OCED. Tice auditors must submit the completed monitoring instrument and
the audit report to OCED within six months after the conclusion of the audit
period.
J. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least five (6)
years (hereinafter referred to as "Retention Period") subject to the limitations
set forth below:
2. For all non-CDBG assisted activities the Retention Period shall begin
upon the expiration or termination of this contract.
b. For CDBG assisted public service activities the Retention Period shall
begin upon the d ' ate of U.S. HUD's_ acceptance of OCED's annual
Grantee Performance Report for the year In which the activity Is
reported as completed. For each public service activity the Awardee
must retain all contract records except those relating to real and
nonexpendable personal property.
0. 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 Secti6n 11,
Paragraph J.1.c., the Awardee must retain all contract records except
those relating to real and nonexpendable personal property.
d.- For, all CDEG assisted activities, the Retention Period for all contract
records relating to real and nonexpendable personal property shall
begin upon the date of the final disposition of the property.
2. If the County or the Awardee have received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of
the services provided pursuant to the terms of this contract, the Retention
Period shall be extended until such time as the threatened or- pending
litigation, claim or audit is, in the sole and absolute discretion of OCED, fully,
completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person
authorized by the County full access to and the right to examine any of the
contract records during the required Retention Period.
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4. The Awardes shall notify OCED in writing, both during the pendency of this
contract and after its expirations part of the final close-out procedure, of the
address where all contract records will be retained.
5. The Awardee shall obtain written approval of OCED prior to disposing of any
contract records within one year after expiration of the Retention Period.
K. Provision of Records
1. The Awardee shall provide to OCED, -upon request, all contract records.
These records shall become the property of OCED without restriction,
reservation, or limitation of their use. OCED shall have unlimited righti to all
books,, articles, or other copyrightable materials developed for the purpose of
this contract. These unlimited rights shall Include the rights to royalty fees;
nonexclusive, and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, the information for public purposes.
2. If the Awardee, receives funds from, or is regulated by other governmental '
agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the Awardee shall provide a copy of
each report and any follow-up communications and reports to OCED
immediately upon such issuance unless such disclosure is a violation of the
regulatory agencies issuing the reports.
3. MIAMI 136113E CQUAfTY INSPECTOR GENERAL REVIEW
Accordingto Section 2-1076 of the Code of Miami-Dade County, as amended
by Ordinance No. 99-63, Miami-Dade County has established, the Office of the
Inspector General which may, ' on a random basis, perform audits on all
County contracts, throughout the duration of said contracts, except as
otherwise- provided below. The cost of the audit .of any Contract shall be-one
quarter (114) of one (1) percent of the total contract amount which cost shall
be included in the total proposed amount. The audit cost will be deducted by
the County from progress payments to the selected Awirdee. The audit cost
shall also be included in all change orders and all contract renewals and
extensions.
a. Exception: The above application of one quarter (114) of one percent
fee assessment shall not apply to the following contracts: (a) IPSIG
contracts; (b) contracts for legal services; (c) contracts for financial
advisory services; (d) auditing contracts; (e) facility rentals and lease
agreements; (f) concessions and other rental agreements; (g)
insurance contracts; (h) revenue-generating contracts; (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
Miami-Dade County Administrative Order 3-2; (m) federal, state and
local government-funded grants; and (n) intarlocal agreements.
AtQWithstanering the for2going, the Miami-Dade County -Board of
County Commissioners may authorize the inclusion of the fee
assessment of one quarter (114) of one percent in any exempted
contract at the time of award.
Nothing contained above shall in.any way limit the powers of the Inspector
General to perform audits on this contract.
COMMISSION AUDITOR ACCESS TO RECORDS
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the
Commission Auditor to all financial and performance related records,
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property, and equipment purchased in whole or On part with government
funds, including funds awarded tp Awardes pursuant to this contract.
L. 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 Awardes
must submit all proposed agreement documents to OCED at least thirty (30)
days prior to the start date of the: agreement. OCED shall have no obligation
to approve payment of any expenditure Resulting from an agreement or
subcontract) which was incurred prior to the approval by OCED of such
agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions.
4. The purchase of all nonexpendable personal property not specifically listed in
the approved budget.
S. The disposition of all real, expendable personal, and nonexpendable personal
property as defined in Section 11, Paragraph 0.1. of thiscontract.
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.
a. The publication of proposed Solicitation Notices, Invitations for Bids and
Requests for Proposals as provided for in Section 11, Paragraph H of this
contract.
3. The disposal of all contract records as provided for in Section 11, Paragraph J
of this contract.
M. Monitoring
The Awardee shall permit OCED and other persons duty authorized by OCED to
inspect all contract records, facilities, equipment, materials, and services of the
Awardes which are in any way connected to the activities undertaken pursuant to the
terms of this contract, and/or to Interview any clients employees, subcontractors, or
assignees of the Awardee. Following such inspection or interviews, OCED Will
deliver to the Awardee a report of Its findings, and the Awardee will rectify all
deficiencies cited by OCED within the specified period of time set forth in the report,
or provide OCED with a reasonable justification for not correcting the deficiencies.
OCED will determine, in its sole and absolute discretion whether or not the
Awardee's justification is acceptable or if the Awardee, must, despite the justification,
rectify the deficiencies cited by OCED in its report.
N. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFI Part 86.36
for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and
covenants that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree.
with the performance of services requrled under this Agreement. The Awardee
14
further covenants tMt in the performance of this Agreement no person having such
a financial Interest shall be employed or retained by the Awardee hereunder. These
conflict of interest provisions apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the County, or of any
designated public agencies or subreciplonts which are receiving funds under the
CDBG Entitlement program.
The Awardee shall submit to OCED within five days of execution of this contract all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of
current Board members, and list of all business associations with the following
documents:
> Original contract or its subsequent amendments.
> Requests for budget revisions.
> Requests for approval of subcontracts.
Mon-compliance with the above requirements Will be considered a breach of
contract which will result in the immediate termination of the agreement, the
recovery of the entire funding award, and the disqualification of funding through
OCED for a period of three years.
The Awardes shall disclose any possible conflicts of interest or apparent
improprieties of any party that are covered by the above standards. The Awardee
shall make such disclosure in writing to OCED immediately upon the Awardee's
discovery of such possible conflict. OCED will then render an opinion which shall be
binding on all parties.
0. Publicity, Advertisements and Signage
1. The Awardee shall ensure that all publicity, public relations and
advertisements and signs, recognize the Miami-Dade Office of Community
and Economic Development (OCED) and Community Development Block
Grant ((CIJBG) for the support of all contracted activities. This is to Include,
but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones,
dedications, notices, flyers, brochures, news releases, media packages,
promotions, and stationery. All signs used to publicize OCED contracted
activities must he approved by OCED prior to being posted and must also
meet the standard specifications as established by OCED. The use of the
official Miami-Dade OCED logo is permissible
2. The Awardee shall furnish, erect and maintain construction signs in
accordance with sketch included in these contract documents. The signs
shall be made of % inch -thick marine plywood, newly painted and lettered
according to the accompanying sketch.. The signs shall be painted and
[offered in accordance with professional outdoor sign painting standards as
to layout, symmetry, proportion, clarity and neatness and use of weather-
resistant colors and materials. The Awardee shall place the signs, securely
braced and mounted, as shown on t ' he typical project sign placement diagram
or as directed by the engineer. All materials shall be provided by the
Awardee and the signs shall remain in the property of the Owner at the
completion of the contract. NO WORK SHALL COMMENCE UNTIL THE
PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN
ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this
project signs will be required. Payment for furnishing, installing and
maintaining the sign shall be under the bid amount for mobilization.
P. Procurement
The Awardee must take affirmative steps to procure supplies, equipment,
construction, or services to fulfill this contract from minority and women's
15
businesses, and to provide these sources the maximum feasible opportunity to
compete for subcontracts to be procured pursuant to this contract. To the maximum
extent feasible, these businesses shall be located in or owned by residents of the
Community Development areas designated by OCED in the CDBG application
approved by the supervising federal agency. The Awardee shall assure that all
subcontracts or third party agreements contain provisions with stated goals, that
low-income residents from Community Development focus and service areas be
provided with opportunities for employment and training in contracted activities.
in conformance with Section 3 of the Housing and Community Development Act of
1968, the Awardee must direct federal financial assistance toward Target Area
residents and ensure that employment and economic opportunities be given to low,
and very low - income persons, particularly those who are recipients of government
assistance for housing according to the guidelines mentioned below:
The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 -U.S.C.
170lu (section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD- assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
2. The parties to this contract agree to comply with HUD's regulations In 24 CFR part
135, which implement section 3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other Impediment
that would prevent them from complying with the part 136 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 s ' at forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
4. The Awardee agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CPR part 135, and agrees to take appropriate
action, as provided In an applicable- provision of the subcontract or in thl.§ section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The Awardes will not subcontract with any subcontractor where the
Awardee has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR part 135.
6. The Awardee will certify that any vacant employment positions, including training
positions, that are filled (1) after the Awardee is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 136 require employment opportunities to he directed, were not filled to
circumvent the Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations In 24 CFR part 135 may result in sanctions
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
7, With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance
16
Act (25 U.S.G. 460e) 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 (10)
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).
S. Fair Subcontracting Policies (Ordinance 97-35).
All Awardees on County contracts in which subcontractors may be used shall be
subject to and comply with Ordinance 97-35 as amended, requiring Awardees to
provide a detailed statement of their policies and procedures for awarding
subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be
awarded a subcontract;
b). invites local subcontractors to submit bidsiproposals in a practical, expedient
way;
a) provides local subcontractors access to informaUlon necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the AWardeels requirements; and
a) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award,
provide a statement of their subcontracting policies and procedures (see attached
Form , A-7.2). Awardees who fall to provide a statement of their policies and
procedures a - s 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 performtd.
The term "subcontractor" means a business independent of a Awardee that may
agree with the Awardee to perform a portion of a contract.
The term "subcontract" means an agreement between a Awardee and a
subcontractor to perform a portion of a contract between the Awardee and the
County.
a. Real Property: Land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
i) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical existence
such as patents, inventions, and copyrights
C. Nonexpendabler Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $600 or more per item, with a
17
normal expected life of one or more years, not fixed in place, and not
an integral part of a structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other
than.nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated
below:
a. Any real property under the Awardee's control that was acquired or
improved in whole or in part with CDBG funds received from OCED in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives
until five years after the expiration or termination of this
contract, or for such longer period of time as determined by
OCED in its sole and absolute discretion; or
2) Not used to meet one of the three (3) CDBG National
Objectives. In the event the property Is not used to meet one
of the national objectives for five (6) years following the
expiration or termination of this Awardee such longer period
as determined by OCED-then the Contract or shall pay to
OCED an amount equal to the market value of the property as
may be determined by OCED in its sole and absolute
discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG , funds f6r
acquisition of,' or Improvement to, the property.
Reimbursement is not required after the period of time
specified in Paragraph Q.2.a.l., above.
b. Any real property under the Awardee's control that was acquired or
improved in whole or in part with CDBG funds, from OCED for r $25,000
or less -shall be disposed of, at the expiration or termination of this
contract, in accordance with instructions from-OCED.
C. All real property purchased or improved in whole or in part with funds
from this and previous contracts with OCED, or transferred to the
Awardee after being purchased in whole or in part with funds from
OCED, shall be listed In the property records of the Awardee and shall
include a legal description; size; date of acquisition; value at time of
acquisition; present market value; present condition; address or
location; ownees name if different from the Awardee; information on
the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent
streets and roads. The property records shall describe the
program matle purpose fok 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.
W.,
0. Ali real property shall be inventoried annually by the Awardee and an
inventory report shall be submitted to OCED. This report shall include
the elements listed in Paragraph T.2.c., above.
3. The Awardee shall comply with the nonexpendable personal property
requirements as stated below.
a. All nonexpendable personal property purchased or improved in whole
or in part with funds from this and previous- contracts with OCED
shall be listed in the property records of the Awardee and shall
include a description of the property; location; model number;
manufacturees serial number; date of acquisition; funding source;
unit cost at the time of acquisition; present market value; property
Inventory number; information on its condition; and information on
transfer, replacement, or disposition of the property.
b. All nonexpendable personal property purchased or improved in whole
or in part with funds from this. and previous contracts with OCED
shall be inventoried annually by the Awardes and an inventory report
shall be submitted to OCED. The inventory report shall include the
elements listed in Paragraph Q.3.a., above.
a. Title (ownership) to all nonexpendable personal property purchased
in whole or in part with funds given to the Awardee pursuant to the
terms of this contract shall vast in the County and OCED.
4. The Awardee shall obtain prior written approval from OCED for the
disposition , on of - real property, expendable personal property, and
nonexpendable personal property purchased or improved in whole or in part
with funds given to -the Awardee or subcontractor pursuant to the terms of
this contract. The Awardee shall dispose of all such property in accordance
with instructions from OCED. Those instructions may require the return of all
such property to OCED.
wlnnw� �'�
1. Program income as defined In 24 CFR Part 670.500 means gross income
received by the Awardee directly generated from activities supported by
CDBG funds. When program income is generated by an activity that is only
partially assisted with CDBG funds, the income shall be prorated to reflect
the percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use program income to pay
for charges or expenses that are* specifically not allowed pursuant to the
terms of this contract and applicable federal regulations or rules or any
County rules or ordinance.
a. The Awardee shall comply with the program incom * a provisions in
OCED's Contract Compliance Manual. If any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions of this contract, the provisions of this
contract shall rule.
b. The County may in its sole discretion allow Awardee to Use Progra
Income to carry out eligible activities. The Awardee may request to
use Proaram Income for eligible activities. If the Awardee requests to
use Program income. Awardee shall report to OCED all cumulative
Program Income generated from activities financed in whole or in part
by funds from this contract. This information, along with as check
19
payable to Miami-Dade County for the -generated Program Income,
must be submitted quarterly as part of the Fiscal Section of thO'
Awardee's Progress Report as outlined in *Section 11, Paragraph D.2.a.
C. The Awardee shall report Program Income for as long ' as it receives
and/or has control over Program Income generated from this and any
previous contracts with OCED.
d. The Awardee shall provide to. OCED a written explanation of � the
activities to be assisted ' with Program Income and shall obtain
OCED's written approval prior to implementing those activities. All
provisions of this contract shall apply to any activity performed using
Program Income.
0. 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 CPR Part 670 et seq.
E Program income from'a revolving. loan activity must be used only for
the same revolving loan activity.
9. Program income from a revolving loan activity, such as loan
repayments, interest earned, late fees, and investment income, shall
be substantially disbursed to eligible loans, loan-related
programmatic costs, and operational costs for the same revolving
loan activity before the Awardea may request additional CDBG funds
for that activity.
h. All program income from nonrevolving loan activities shall be
substantially disbursed to carry out other OCED approved CDBG
eligible activities, and to cover operational costs before requesting
additional CDBG funds.
L Any proceeds from the sale of properfy as detailed in Section 11,
Paragraph 0.4., above, shall be considered program income.
j. The Awardee shall obtain, as part of the required audit report,
validation by a certified auditor of all program generated income and
its disposition.
3. Upon expiration or termination of this contract or at the end of any program
year, the Awardee shall transfer to the County any program income funds on
hand, and any program income accounts receivable attributable to any CDBG
funded activities. OCED may require remittance of all or part of any program
income balances (including investments thereof) held by the Awardee (except
those needed for immediate cash needs, cash balances of a revolving loan
fund, cash balances from a lump sum drawdown, oe cash or investments held
for Section 108 Security needs).
4. OCED, in its sole and absolute discretion, reserves the right to pursue other
courses of action in the retention and use of program income generated by
the Awardee, and such action shall not require an amendment to this
contracts.
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 Compliance Manual.
20
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 breach. When Subcontracting is allowed,
the Awardee shall comply with County Resolution Mo. I631 -93, Section 10-34
of the County Code and Section 2-8.8 of the County Code. The Awardee shall
ensure that all subcontracts and assignments:
a. Comply with all requirements and regulations specified in OCED's
Contract Compliance Manual9
b. Identify the full, correct, and legal name of the party;
C. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price component;
0. Incorporate a provision requiring compliance with all applicable a
regulatory and other requirements of this contract and with any
conditions of approval that the County or OCED deem necessary.
This applies only to subcontracts and assignments in which parties
are engaged to carry out any eligible substantive programmatic
service, as may be defined by OCED, set forth in this contract. OCED
shall In Its sole discretion determine when services are eligible
substantive programmatic services' and subject to the audit and
record-keeping requirements described above, and;
... Incorporate the language of Attachment E, " "Certification Regarding
Lobbying."
2. The Awardee shall incorporate In all consultant subcontracts this additional
provision:
The Awardee is not responsible for any insurance or other fringe benefits,
e.g., social security, income tax withholdings, retirement or leave benefits, for
the Consultant or employees of the Consultant normally available to direct
employees of the Awardee. The Consultant assumes full responsibility for the
provision of all Insurance and fring6 benefits for- himself or herself and
employees retained by the Consultant in carrying out the Scope of Services
provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance
of all subcontracts and their progress toward meeting the approved goals
and objectives indicated in the attached Scope of Services
4. The Awardee shall receive from OCED written prior approval for any
subcontract prior to engaging any party who agrees to carry out any
substantive programmatic activities as may be determined by OCED as
described in this contract OCED's approval shall be obtained prior to the
release of any funds for the subcontractor.
5. The Awardee shall receive written approval from OCED prior to either
assigning or transferring any obligations or responsibility set forth in this
contract or the right to receive benefits or payments resulting from this
contract.
21
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 subcontractor's or
suppliers from the list without prior written approval from OCED.
U. Additional Funding
The Awardee shall notify OCED of any additional funding received for any activity
described in this contract. Such notification shall be In writing and received by OCED
within thirty (30) days of the Awardeevs notification by the funding source. .
V. Method of Payment
The Awardee shall be paid as described below,
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 it i s sole discretion, that the
Awardee has incurred the expenditures. It shall be presumed that the
Awardee has provided adequate proof of having, incurred expenses if the
Awardee submits to OCED canceled checks or original invoices approved by
the Awardee's authorized representative. When original documents cannot t be
presented, the Awardee must adequately justify their absence in writing and
furnish copies of those documents to OCED. The Awardee must adequately
justify their absence in writing and furnish copies of those documents to
OCED.. The Awardee shall be paid only for those expenditures contained
within Attachment B, "Budget," to this contract as it may be revised With the
prior written approval by OCED.
2. Requests for payment shall be assembled by calendar month and submitted
to OCED no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to OCED for payment within 30 days after the
month in which the expenditures were incurred, Failure to comply may result
in rejection of invoices.
3. In no event shall the County provide advance CDBG funding to ' the Awardee
or to any subcontractor hereunder nor shall the Awardee advance CDBG
funds to any party.
4. Any payment due under the terms of this contract may be withhold pending
the receipt and approval by OCED of all reports and documents which the
Awardee Is required to submit to OCED pursuant to the terms of this contract
or any amendments thereto.
6. All payments will be limited to the quarterly payment schedule that
accompanies the action stop char', In the scope of services aped * payment is
contingent on the achievement by the Awardee of the quarterly
accomplishment levels identified in the scope -of services portion of this
agreement — Attachment "A," which shall be submitted with all payment
requests and shall clearly identify the completed level of accomplishments
met This shall also apply to soft costs associated with project delivery.
G. No payments will be made without evidence of appropriate insurance
required by this contract. Such evidence must be on file with OCED and the
County's Risk Management Division. OCED must receive the final request for
22
payment from the Awardes no more than thirty (30) calendar days after the
expiration or termination of this contract. If the Awardee falls to comply with
this requirement, the Awardee will forfelt all rights to payments if OCED, in Its
sole discretion, so chooses.
7. Within thirty (30) calendar days after this contract expires or is terminated,
the Awardes shall Orovide to OCED a list of all invoices and costs that relate
to this contract7s approved Budget and that have not been submitted to
OCED. Any invoice received by OCED, subsequent to receipt of this list by
OCED which reflects a cost not included on this list will not be paid.
8. All manias paid to the Awardee, which have not been used -to retire
outstanding obligations of this contract must be refunded to OCED in
accordance with OCED's Contract Compliance Manual,
9. Any uneixpended funds remaining after thecompletion'of the services under
this contract, or after termination of this contract for any reason, shall be
recaptured in full by the County.
10, In the event the County determines that the Awardee has breached the terms
of this agreement and that the County is entitled to return of any or all of the
funds awarded under this contract, Awardee, agrees to and shall assign any
proceeds to the County from any contract between the County, Its agencies
or Instrumentalities and the Awardee or any firm, corporation, partnership or
joint venture in which the Awardee has a controlling financial interest in order
to secure repayment of this award. "Controlling financial interest!'shall mean
ownership, directly or indirectly to ton percent or more of the outstanding
capital stock In any corporation or a direct or indirect interest of ten percent
or more in a firm, partnership or other business enft.
W. Reversion of Assets
The Awardee shall return to OCED, upon the expiration or termination of this
contract all assets, owned or hold by Awardee as a result of this contract, Including,
but not limited lo any CDBG funds on hand, any accounts receivable, any
overpayments due to'unearned funds or costs disallowed pursuant to the terms of
this contract that were disbursed to the Awardee by the County, other than
reasonable operating and deficit reserves established by Awardee, and which are
connected with the real property. In the case of activities involving real property,
such reserves -shall not be distributed to any. partner or subcontractor prior to
repayment to OCED of the CDBG Loan. The Awardee shall at the request of the
County execute any and all documents, Including but not limited to mortgages
securing the property and UCC financing statements, as required by the County to
effectuate the reversion of assets.
Ill. - The County Agrees:
Subject to the availability of funds, to pay for contracted activities according to the terms
and conditions contained within this contract in an amount not to exceed $200,000.00.
IV. The Awardee and OCED Agree:
A. Effective Date
This contract shall begin 'on January 1,2008. Any costs incurred by the
Awardee prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 2009. Any costs incurred by the
Awardee beyond this date will not be reimbursed by the County. The term of
23
this agreement and. the provisions heroin 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.
This contract may, at the sole and absolute discretion of the County and
OCED, r ' remain in effect during any period that the Awardee has control over
contract funds, including program income. However, the County shall have
no obligation or responsibility to make any payment, except those described
within Section 11, Paragraph V, or provide any type of assistance or support to
the Awardee if this contract has expired or been terminated.
B. Suspension
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 Awardes 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 park or all of the activities funded by this contract.
3. OCED will notify the Awardee of the type of action to be taken in writing by
certified mail', return receipt requested, or In person with proof of delivery.
The notification will include the reason(s) for such action, the conditions of
the action, and the necessary corrective action(s). OCED will give the
Awardee reasonable opportunity to rectify any action or Inaction referenced
above.
G. Termination
1. Termination at Will
This contract, in whole or in part, may be terminated by OCED upon no less
than ten (10) working days notice wheel 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
24
commensurate with the further expenditure of funds. Both parties shall agree
upon the termination conditions. OCED, at its sole discretion, reserves the
right to terminate this contract without cause upon thirty (30) days written
notice. Upon receipt of such notice, the Awardee shall not incur any
additional cost under this contract. OCED shall be liable only for reasonable
costs incurred by the Awardee prior to notice of termination. OCED shall be
the sole judge of "reasonable costs."
3. Termination Because of Lack of Funds
In the event of a funding short fall, or a reduction in federal appropriations, or
should funds to finance this contract become unavailable, OCED may
terminate this contract upon no less than twenty-four (24) hours written
notification to the Awardee. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery. OCED shall be
the final authority in determining whether or not funds are available. OCED
may at its discretion terminate, renegotiate and/or adjust the contract award,
whichever Is in the best Interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the
Awardee through Board of County Commissioners .action, the Awardee may,
at Its discretion, request In writing from the Director of OCED a release from
its contractual obligations to the County. The Director of OCED will review
the effect of the request on the community and the County prior to making a
final determination.
5. Termination for Breach
OCED may terminate this contract, In whole or in part when OCED
determines, in its sole and absolute discretion, that the Awardee is not
in . aking sufficient progress thereby endangering the ultimate contract
performance, or is not materially complying with any term or provision of this
contract.
Unless the Awardee's breach is waived by OCED in writing, OCED may, by
written notice to the Awardee, terminate this contract upon no less than
twenty-four (24) hours notice. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery. Waiver of breach
of any provision of this not shall not-be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of
this contract The provisions herein do not limit OCED's right to legal or
equitable remedies.
6. Penalties for Fraud, Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County, Section 2- 8.1.4, any
individual or corporation or other entity that attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material
misstatement, shall be terminated, whenever practicable, as determined by
the County.
The County may terminate or cancel any other contracts with such individual
or subcontracted entity it has with the County. Such individual or entity shall
be responsible for all direct and indirect costs associated with such
termination or cancellation, including attorney's fees.
25
The foregoing notwithstanding, any individual or entity who attempts to meet
its contractual obligations with the County through fraud, misrepresentation,
or material misstatement may be disbarred from County contracting for up to
five (6) years.
7. Payment Settlement
If termination occurs, the Awardee will be paid for allowable costs incurred in
carrying out activities required by this contract up -to the date and time of
termination.
D. Renegotiation or Modification
1. Modifications of provisions of this contract shall be valid only when in writing
and signed by duly authorized representatives of each party. The parties,
agree to renegotiate this contract if OCED, in its sole and absolute discretion
determines that federal, state, and/or County revisions of any applicable laws
or regulations, or increases or decreases in budget allocations make changes
in this contract necessary. OCED shall be the final authority in determining
whether or not funds for this contract are available due to'Federal, state
and/or County revisions of any applicable laws or regulations, or increases or
decreases in budget allocations.
2. CONTRACT EXTENSION
The County shall have the right to exercise an option to extend this contract
for up to one year beyond the current Contract period and will notify the
Awardee(s) in writing of the extension. This contract may be extended
beyond the initial year extension period upon mutual agreement between the
County and the Awardee(s), upon approval by the Director of the Office of
Community and Economic Development.
E. Right to Waive
OCED may, for good and sufficient cause, as determined by OCED in its sole and
absolute discretion, waive provisions In this contract or seek to obtain such waiver
from the appropriate authority. Waiver requests from the Awardee shall be in writing.
Any waiver shall not be construed to be a modification, of this contract.
OCED's failure to exercise any of its rights under this contract or OCED's waiver of a
provision on any - one occasion shall not constitute a waiver of such rights or
provision on any other occasion. No failure or delay by OCED in the exercise of any
right shall operate as a waiver.
F. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in wetting and
must comply with OCED's Contract Compliance Manual. These revisions
shall not require a contract amendment unless the amount of this contract is
changed or unless otherwise required by OCED. All budget revisions shall
require the written approval of OCED. OCED shall have no obligation to
approve payment of expenditures incurred prior to the approval of the budget
revision related to such expenditures.
Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by
action from the Board of County Commissioners, written notification via
certified mail to the Awardee advising of the funding reduction shall be sent
by OCED no later than 5 working days of the action; written notification will
26
constitute a contract amendmaniL 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 resubmfttal of the Scope of Service
(Attachment A). Revisions to the Scope of Service, when required, will be
negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this contract's
objectives are classified as noted in the Scope of Services shall not require a
contract amendment.
G. Disputes
In the event an unresolved dispute exists between the Awardee and OCED, OCED
shall refer the questions, including the views of all Interested parties and the
recommendation of OCED, to the County Manager for determination. The County
Mana I ger, 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
Managor"s determination shall be final and binding on all parties.
H. Headings
The section and paragraph headings in this contract are inserted for convenience
only and shall not affect in any way the meaning or interpretation of this contract.
1. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its
contracts to the County Manager for bidding and award in accordance with County
policies and procedures.
J. Proceedings
This contract shall be construed in any manner pertaining or relating to this contract
shall, to the extent permitted by law, be held in Miami-Dade County, Florida.
K. independent Private Sector Inspector General Reviews
1. Miami-Dade County has established the Office of the Office of Inspector
General which is empowered to perform random audits on all County
contracts throughout the duration of each contract. Grant recipients are
exempt from. paying the cost of the audit which is normally '/4 of 1% of the
total contract amount.
The Miami-Dade County Inspector General is authorized and empowered to
review past, present and proposed County and Public Health Trust programs,
contracts, transactions, accounts, records and' programs. In addition, the
Inspector General has the power to subpoena witnesses, administer oaths,
require -the- production of records and monitor existing projects and
programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance
with plans, specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and
reasonableness of proposed change orders to the Contract. The Inspector
NN
General is empowered to retain the services of independent .private sector
inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal
submittals, activities of the provider, its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon ten (90) days prior written notice to the provider from the Inspector
General or IPSIG retained by.the Inspector general, the Provider shall make
all requested records and documents available to the Inspector general or
IPSiG for inspection and copying. The Inspector general and iPSIG shall
have the right. to Inspect and copy all documents and records In the
Provider's possession, custody or control which, in the Inspector general or
IPSIG's sole judgment, pertain to performance of the contract, including, but
not limited to original estimate files, worksheets, proposals and agreements
from and with successful and unsuccessful subcontractors and suppliers, all
project - related correspondence, memoranda, ' instructions, financial
documents, construction documents, proposal and contract documents,
back - charge documents, all documents and records which involve cash,
trade or volume discounts, Insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
The provisions in this section shall apply to the Provider, its officers, agents,
employees, subcontractors and suppliers. The Provider shall incorporate the
provisions In this section in all subcontractors and all other agreements
executed by the Provider in connection with the performance of the contract.
Nothing in this contract shall Impair any independent right of the County to
conduct audit or investigative activities. The provisions of this section are
neither intended nor shall they be construed to impose any liability on the
County by the Provider or third parties. The Awardee is aware that Miami -
Dade County Office of the inspector General has the right to perforate 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 'l4 of 1% of the total contract amount.
L. Notice and Contact
OCED's representative 'for this contract is Letitia Goodson. The Awardee's
representative for this contract is W. Ajibola 13alogun. The Awardee's principal office
is at 61130 Sunset [give, South Miami, Florida 33143. The Awardee's telephone
number is (306) 663 -6338.
In the event that different representatives are designated by either party after this
contract is executed, or the Awardee changes its address, notice of the name of the
new representative or new address will be rendered in writing to the other party and
said notification attached to originals of this contract.
M. Name and Address of Payee
When payment is made to the Awardee's assignee, the naive and address of the
official payee is: NIA
N. Waiver of Trial
Neither the Awardee, subcontractor, nor any other person liable for the
responsibilities, obligations, services and representations herein, nor any assignee,
w
successor, heir or personal, representative of the Awardee, subcontractor or any
such other person or entity shall seek a jury trial In any lawsuit, proceeding,
counterclaim or any other litigation procedure based upon or arising out of this
Contract, or the dealings or the relationship between or among such persons or
entities, or any of them. Neither Awardee, subcontractor, nor any such person or
entity will seek to consolidate any such action in which a jury trial has been waived.
The provisions of this paragraph have been fully discussed by the parties hereto,
and the provisions hereof shall be subject to no exceptions. No party has In any way
agreed with or represented to any other party that the provisions of this paragraph
will not be fully enforced in all instances.
0. Assignment
The Awardes 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.
This agreement is Intended for the sole and exclusive benefit of the parties and is not
intended to benefit any third party nor shall it be deemed to give rise to any rights in
any third party
P, Survival
The parties acknowledge that any of the obligations In this agreement, including but
not, limited to AWardee's obligation to indemnify the County, will survive the term,
termination, and cancellation hereof. Accordingly, the respective obligations of the
Awardee and the County under this agreement, which by nature would continue
beyond the termination, cancellation or expiration thereof, shall survive termination,
cancellation or expiration hereof.
C. All Terms and Conditions Included:
Thi's contract and its attachments as referenced (Attachment A - Scope of Services;
Attachment Al — Action Steps; Attachment 8 - Budget; Attachment C - i Progress
Report; Attachment D - Information for Environmental Review; Attachment E -
Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and
Signage) contain all the terms and conditions agreed upon by the parties.
all
IN WITNESS THEREOF, the parties hereto have caused t is thiro 30) . pa contract to be executed I
tom- !2009.
by their undersigned officials as duly authorized, th d ay of, V
AWARDEE:
City of South Miami
ay:
NAME: a ibda FAIM'Vh
TITLE: City Manager
DATE:
BY-
NAME
�Signature)
arb) a
Type or Print Name
)c
(Signaturo
Maria M. Menendez
Type or Print Name
Federal ID Number: 59-000431
Resolution #: R-1222-07
Awardee's Fiscal Year Ending Date: 09f30109
I
CORPORATE SEAL:
im
BY:
NAME: OLS Alvarez
TITLE* Mayor
SZ
M w
C oiw
ATT
TITLE q"- Qqdrd of County
ii'll jr� i i