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Res. No. 024-05-12003RESOLUTION NO.,24-05-12003 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH MIAMI,FLORIDA,AUTHORISING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT ONE WITH MIAMI-DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR TIME EXTENSION ON THE FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FOR CHURCH STREET IMPROVEMENT PHASE 2;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,onApril6,2004,theMayorandCityCommissionobtainedgrantfundsforChurch StreetImprovements(PhaseII)fromtheMiami-DadeCountyOffice of CommunityandEconomic Development,whichfundingwastobeutilizedfortwelvemonthperiod,butthestatesDecember2004 completion date; WHEREAS,the city has experienced delays in making the expenditures under the grant because theCity received thefully executed agreement fromthe County verylateandthe County staff agreedto combine the2004 funding with 2005 funding formore complete project,and WHEREAS,the underlying grantagreementisaboutto expire,andtheMayorandCity Commission wish to maintain FY2004 grant fundsfrom Miami-Dade County Office of Community & Economic Development soasto complete the project thatwas initiated;and WHEREAS,itis necessary to extend the contract time forthe FY 2004 Community Development Block Grant in order to accomplish the Church Street Improvement (Phase II). WHEREAS,the city has contacted Miami Dade County Office of Community &Economic Development in order to obtain an extension onthe grant funding deadline and the County has agreed to honor the request following the receipt of approved resolution by the City Commission; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT: Section 1:The above whereas clauses are incorporated by reference into this resolution. Section 2.:ThecitydesirestoextendthecontracttimeforFY2004CDBGfundingfrom MiamiDadeCountyOffice of Community &EconomicDevelopment. Section 3:TheMayorandCityCommissionauthorizetheCityManagertoexecuteContract AmendmentOnewithMiami-DadeCounty of CommunityDevelopment,whichcontractisattached and incorporated by reference intothis resolution as exhibit 1. Section 4:This resolution shallbeeffectiveimmediately. Pg.2 of Res.No.24-05-12003 PASSED AND ADOPTED this IS day of February,2005. APPROVED:ATTEST: Maria Menendez,City Clerk READ AND APPROVED AS TO FORM: Mary Scott Russell,Mayor Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: 4-1 Yea Yea Yea CJTY^TTORNEY Commissioner Birts-Cooper:Yea Commissioner Sherar:Nav C:\Documents and Scttings\Mmenendc\Local SeUings\Tcmporary Internet Files\OLKA()\CDBG Amendment I 2005.doc CITY OF SOUTH MIAMI Inter-office Memorandum South Miami TO:Honorable Mayor,Vice Mayor &City Commission FROM:Maria V.Davis City Manager 2001 DATE:February 15,2005 AGENDA ITEM No.13^» RE:Authorizing the City Manager to execute contract amendment one between the City of South Miami and Miami-Dade County Office of Community &Economic Development RESOLUTION: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT ONE WITH MIAMI-DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR TIME EXTENSION ON THE FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FOR CHURCH STREET IMPROVEMENT PHASE 2;PROVIDING FOR AN EFFECTIVE DATE BACKGROUND &ANALYSIS: Miami-DadeCounty of Office of Community&EconomicDevelopment(OCED)awardeda $95,000granttotheCityearlylastyear,forPhase2 of theChurchStreetImprovementPlan.The grant agreement wasfora12monthperiod(with completion date of December2004),butOCED didnotfullyexecutetheagreementuntilApril2004,thusdelayingtheprojectforatleastfour months.Duetothedelay,OCEDhasagreedtoamendtheagreementbyextendingthefunding periodfrom December 2004to December 2005.Thiswillgiveusenoughtimetocompletethe project. RECOMMENDATION: ItisrecommendedthattheCity Commission approvetheresolution. ATTACHMENTS: Q Proposed resolution •AmendmentOneissuedbyOCED •ApprovedResolutionNo.2-04-11781 •OriginalagreementwithOCEDforthe$95,000grant *L;..v 82/02/2005 1B:_48__.3056636346 PAGE 03 AMENDMENT ONE TO FY 2004 CMC CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI TheF 2004 CDBG Contract between Miami-Dade County and the City of South Miami executed on March 30*,2004,is amended as follows: .Paragraph IV.The Contractor and County Agrees: A.2..Effective Date This contract shall expire on December 31.2005. This j I.The effective date ofthis amendment is December 31,2004 5.Attachments A&B are revised as indicated in Attachments A&B. Excel :for the changes enumerated above,all other provisions of the contract shall remai l in full force and effect. joiendment isherebymadea part ofthecontract TfflS SPACE IS INTENTIONALLY LEFT BLANK \ SA M P L E SC O P E OF SE R V I C E S FO R CO N S T R U C T I O N , RE H A B J U T A T I O N . HO U S I N G , AM D AD M I N I S T R A T I V E CO S T S C 3 C D h J l\ 3 Q C 3 U l C O CO c s CJ 1 e n e n O J e n CO • C e n " - ~ 0 1 >CO m e n 02/02/2005 10:48 3056636346 PAGE 06 ATTACHMENT B CITY OF SOUTH MIAMI FY04 CDBG CHURCH STREET PHASE II SUMMARY BUDGET 1.PERSONNEL SERVICES $4,000 II.CONTRACTUAL SERVICES -0- III.OPERATING EXPENSES -0- IV.COMMODITIES -0- V.CAPITAL OUTLAY 91.000 TOTAL $95,000 02/02/2005 10:48 3056636346 CtTY OF SOUTH MIAMI,INC CDBGFY2004 pi CONSTRUCTION OF CHURCH STREET SW WTH PLACE-IMPROVEMENTS DETAILBUDGET January 1,2004 through December 1,2005 PAGE 07 ft 02/02/2005 10:48 j 3056636346 PAGE 08 The contractingind to this contract and must be filled. The MIAMI-DADI EMPLOYMENT Dl NON-DISORIMINA contracts with the subdivision or age contracting entities this contract. -DADE COUNTY AFFIDAVITSMIAMI ....,^h-inrvfinata bv an "X"all affidavits that pertain ff^Jff^£&~KKl -«-*Mb,ank spaces COUNTY OWNERSHIP DISCLOSURE WMffi Jgg^aSSSffiJCL^SURE AFRDAVIT;*^^^^p^SumM not pertain toIONAFFIDAVIT;and the PROJECT FRESH !^™T £™^s^or any politicalJnitedStatesoranyofIts*P"^£JSE&*£.State of Florida.All other I,Silvia arquin being first duly sworn state: A iant The full legal nami Miami-Dade Count and business address o,the Person(s)or enfity contraction or transacting business with are.(Post Office addresses are not acceptable). 59-6000431 Federal Employer Identification Number (tf none,social secumy, City of So ith Miami Name of Entity*In llyldual(s),Partners,©^Corporation Doing Business - 6130 Suns< Street Address (If sameas above,leave blank) Drive S.Miami,FL 33143 City State Zip Code 1.MIAMI-DADE C<>UNTY OWNERSHIP DISCLOSURE AFRDAVIT (Sec.2-8.1 of the County Code) 1.If the contra shall be prov|ded percent (5% partnership, transaction I beneficiary, to contracts addresses aip t or business transaction Is with a corporation,the full legal name and business address led for each officer and director and each stockholder who holds directly or indirectlyfive or more of the corporation's stock.If the contract or business transaction is with a he foregoing information shall be provided for each partner.It the contract or business with a trust,the full legal name and address shall be provided for each trustee and each forgoing requirements shall not pertain to contracts with publicly-traded corporations or with the United States or any department or names and addresses are (Post Offices not acceptable);_.-• he Full Legal N ime Address Ownership H 'A Page 1 of 5 _% % 02/02/2005 10:48 3056636346 PAGE 09 2.The fulllegal names men,supplies otherwise)In fie acceptable): 3. Except'Where renewal entitycontracti|g requirements State or any „iot and business address of any other individual (other than subcontractors,matenal laborers,or lenders)who have,or will have,any interest (legal,equitable beneficial or contract orbusiness transaction with Dade County are (Post Office addresses are not N/A Any person \fho willfully fails to disclose the Information required herein,or who knowingly discloses false informs ion in this regard,shall be punished by a fine of up to five hundred dollars ($500.00)or Imprisonmen in the County jail for upto sixty (60)days or both. II.M WII-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 9C '133 •III.Ai lending Sec.2.8-1;Subsection (d)(2)of the County Code). recluded by federal or State laws or regulations,each contract or business transaction or thereof which involves the expenditure of ten thousand dollar ($10*000)or more shall require the or transacting business to disclose the following information.The foregoing disclosure not apply to contracts with the United States or any department or agency thereof,the subdivisionor agency or any municipalityof this State. d 1. 3. po tical Does your X fTn haveacollective bargaining agreementwithIts employees? 'No provide paid healthcarebenefits for Its employees? -No Yis Does your X tn Y(3 White:2LS Black:36 Provide a clrrent breakdown (number of persons)of your firm's work force and ownership asto race, national orljln and gender. Hispanics:37 Males ,_JL1_Females Males 13 Females Males 25 Females .Males Females Aslan:_ American Indian:. Aluet (Eskimo):. Males . .Males. .Males .Males Females Females .Females .Females AFFIRMATIVE PROCUREMEIj In accordance ACTION/NON-DISCRIMINATION OF EMPLOYMENT,PROMOTION T PRACTICES (County Ordinances 98-30codifiedat 2-8.1.5 ofthe County Code) AND withCountyOrdinanceNo.98-30,entitieswithannual gross revenues-in excess of $5,000,000 sec dng to contraot with the County shall,as condition receiving a County contract,have I)a written affirmati re action plan which sets forth the procedures the entity utilizes toassurethat It doesnot discriminate In ts employment and promotion practices;and II)a written procurement policy which sets forth the proce<ures the entity utilizes to assure that ft does not discriminate against minority and women- owned buslnes es In its own procurement of goods,supplies and services.Such affirmatives action plans and procureme it policies shall provide for periodic review to determine their effectiveness in assuring the entity does no discriminate In its employment,promotion and procurement practices.The foregoing notwithstanding corporate entities whose boards of directors are representatives ofthe population make up of the natior shall be presumed to have non-discriminatory employment and procurement policies,and shall not be req iired to have written affirmative action plans and procurement policies in order to receive a County contract The foregoing presumption maybe rebutted. The requfremer$ County Manage ofCounty Ordinance No.98-30 maybewaiveduponthe written recommendation ofthe thatitisinthe best interestoftheCounty to"do so andupon approval of the Board of County Commissioners by majority vote of the members present.-„».. Page2of5 -'- 02/02/2005 10:48 305S636346 PAGE 10 N/A The _The Th ha (1<|years. firm doesnothave annual gross revenues inexcessof $5,000,000. ThJ firm does have annual revenues in excess of $5,000,000;however,Its Board of Directors is epresentative of the population make-up of the nation and has submitted a wntten,detailed lis ng of its Board of Directors,including the race of ethnicity of each board member,to the C(jint/s Department of Business Development,175 NW 1*Avenue,28m Floor,Miami, Fljida 33128. The]firm has annual gross revenues in excess of $5,000,000 and the firm does have a written aff mative action plan and procurement policy as described above,which includes penodic rei ew to determine effectiveness,and has submitted the plan and policy to the County's D€>artment of Business Development,175 NW 1st Avenue,28th Floor,Miami,Florida 33128. firm does not have an affirmative action plan and/or a procurement policy as described ablve,buthasbeen granted a waiver. N/A IV.M \MI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 ofthe County Code) >individual or entity entering into a contract or receiving funding from the County hasnotofthedateofthis affidavit beenconvictedofafelony during thepastten _V.M \MI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance no 92-15 codified as Section 2-8.1.2 of the County Code) 1. 2. 3. 4. Th person or entity shall also require an employee to sign a statement,asa condition of em >loyment that the employee will abide by the terms and notify the employer of any criminal da )conviction occurring no later than five (5)days after receiving notice of such conviction an<impose appropriate personnel action against the employee upto and including ten lination. Co ipliance with Ordinance No.92-15 may be waived if the special characteristics of the pre iuct or service offered by the person or entity make it necessary for the operation ofthe Co nty or for the health,safety,welfare,economic benefits and well-being ofthe public. Co tracts involving funding which is provided in whole or In part bythe United Statesofthe Sta eof Florida shall beexempted from the provisions ofthis ordinance inthose instances wto re those provisions are In conflict with the requirements of those government entities.* "Th t in compliance with Ordinance No.92-15 of the Code of Miami-Dade County,Florida,the ab ve named person or entity is providing a drug-free workplace.A written statement to each err >loyee shall,informthe employee about: Dangerofdrug abuse intheworkplace The firm's policy of maintaining a drug-free environment at all workplaces Availability of drug counseling,rehabilitation and employee assistance programs Penalties that maybe imposed upon employees for drug abuse violations VI.Mi MI-DADE EMPLOYMENT FAMILY LEAVE AFRDAVIT(CountyOrdinancesNo.142-91 as Section 11A-29 et.Seq oftheCountyCode)coc fied Tte incompliance with ordinanceNo.142-91 oftheCodeof Miami-Dade County,Florida,an em loyer with fifty (50)ormore employees working in Dade Countyforeach workiog^day dur ig eachof twenty (20)or more calendar workweeks,shall provide the following infojmation in compliance with all items in the aforementionedordinance: Page3or5 .-.•""" 02/02/2005 10:48 3056636346 PAGE 11 An employee who has worked for the above firm at least one (1)V™*^*?™^* ha serious healt^condition without risk of termination of employer retaliation. Th •foregoing requirements shall not pertain to contracts with the United States or anydearmTento?agency thereof,or the State of Florida or any political subdnnsion or agency the reof,It shall,however,pertain to municipalities of this State. X .V|(>Dl ABILITY NON-DISCRIMINATION.AFFIDAVIT (County Resolution R385-95) Th *the above names firm,corporation or organization is in ^mPHa"^t^er JJ^JJeotinuetocomDlywithandassurethatanysubcontractor,or.third party contractor under thisSect^requirements of the law,listed ^^^J^Un ted to,those provisions pertaining to employment provisions of programs and serw^sZ^^rcommum^o^access to facilities •«™««^SEm^SWfowrinalawsTheAmericanswithDisabilitiesActof1990(ADA).Pub.L.101-336,104 Stat•£N«U 80 12101-12213 and 47 U.S.C.Section 1612;The Fair Housing Act as amended%6Ics^ton 3601^631.The foregoing requirements shall not pertain to contract withtbUnitedStatesoranydepartmentoragencythereof,the State or any political subdivision or igency thereof or any municipality of this State. N/A IX.CI RRENT OR ALL COUNTY CONTRACTS,LOANS AND OTHER OBLIGATIONS T*a individual entity seeking to transact business with the County is ~7**J*"*dt igatlons to the County and is not.otherwise In default or any contract,promissory note or oter loan documents with the County or any of its agencies or instrumentalities. X.PI OJECT FRESH START (Resolution R-702-98 and 358-99) Ai /firm that has a contract with the County that results in actual payment of $500,000 or m re shall contribute to Project Fresh Start,the County's Welfare to Work Initiative.However, If ye percent (5%)of the firm's work force consists of Individuals who reside in MiambDade C<unty and who have lost or will loose cash assistance benefits (formerly Aid to Families with d€indent Children)asa result of the Personal Responsibility and Work Opportunity R(conciliation Act of 1996,the firm may request waiver from the requirement of R-702098 and Br J58-99 by submitting a waiver request affidaviL The foregoing requirement does not pertain to jovemment entities,not for profit organizations or recipients of grant awards. XI.D >MESTIC VIOLENCE LEAVE (Resolution 185-00;99-5 Codified at 11A-60 EL Seq.ofthe Mi imi-DadQ CountyCode). .Tt *firm desiring to do business with the County is in compliance with Domestic Leave Oi linance,Ordinance 99-5,codified at 11A-60 et Seq.ofthe Miami-Dade County Code, wt ch requires an employer which has in the regular courseofbusiness fifty (50)or more en ?loyees working in Miami-Dade County for each working day during eachof twenty (20)or m<recalendar work weeksinthecurrentor proceeding calendaryears,to provide Domestic Vu lence Leave toits employees.*!•-»-•••> Page 4of5 02/02/2005 10:48 3056636346 PAGE 12 I have carefully indicated by an "X* not pertain to this? By: 20£^-by presented . refed this entire five (5)page document entitled Miami-Dade County Affidavits and have II affidavits that pertain to his contract and have indicated by an "N/A"all affidavits that do ict. Signature of SUBSCRIBIDANDSWORNTO (or affirmed)beforeme this (Type of Identification) MARIA M.MENENDEZ k*<W*MYCOM«AIS6»0N#0D2719T9 ^wUJ^EXPIRES:M«ch 18,2M8 (Printof Stamp ofNotary) 2Lf**\davof rfftff^lim •Ejtyh/|(A *)(XCCf Uj/1 He/Shejs personally known to me or has as identification. (SerialNumber) (Expiration Date) j-State ofNotaryPub!7X^^cU^> (State) Page 5 of 5 02/02/2005 10:48 3056636346 PAGE 13 SWGRN STATEMENT PURSUANT TO SECTION 287.133 (3)(a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM NOTARY OATHS MUST BE SIGNED AND SWORN TO IN THEPRESENCEOFA F UBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER 1.This form by sfitement is submitted to Maria Menendez Silvia Jarquin (Print individual's nameand title) City of South Miamifor whose and if appli not FEIN,i bus less (Piint name of entity submitting sworn statement) address is 6130 Sunset DriveS.Miajni,FL 33143 able its Federal Employer Identification Number (FEIN)is*9"6000431 Mthe entity has elude the Social Security Number ofthe individual signing this sworn statement 2.I under means the any goods state o tand that a "public entity crime''as defined in paragraph 287.133(1 )(g),Florida Statutes, i violation of any state or federal law by a person with respect to an directly related to sactions of business with any public entity or with an agency or political subdivision of sr state or with the United States,including,but not limited to any bid or contract for fr services to be provided to public entity or agency or political subdivision ofany other ofthe United States and involving antitrust,fraud,theft,bribery,collusion,racketeering, conspiracy,or material misinterpretation. 3 I understand that "convicted"or "conviction"as defined in Paragraph 287.133(1 )(b),Ftorida Statute \.means a finding of guilt or a conviction of a public entity crime,with or without an adjudic ition of guilt,in an federal or state trial court of record relating to charges brought by indictm >nt or information after July 1,1989,asa result ofa jury verdict,non-jury trial,or entry of apleaf guilty or nolo contendere. 4.I undei tend that an "Affiliate"as defined in paragraph 287.133(1)(a),Florida Statutes means: trai sactions oti sr 1. 2. any the leg the \predecessor or successor ofa person convicted ofa public entity crime,or \n entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime.The term "affiliate"includes hose officers ,directors,executives,partners,shareholders,employees,members,and igents who are active in the management ofan affiliate.The ownership byone person >f shares constituting a controlling interest in another person,ora pooling of equipment >r income among persons when not for fair market value under an arm's length igreement,shall bea prima,facie case that one person controls another person.A >erson who knowingly enters into a joint venture with a.person who has been convicted rt a public entity crime in Florida during the preceding 36 months shall be considered an iffiltate. 5.I undeistand thata "person"as defined in Paragraph 287.133(1 )(e).Florida Statutes,means na jral personor entity organized under the laws ofanystateorofthe United States within I power to enter into a binding contract and which bids or applies to bid on contracts for 82/02/2605 10:48 3056638346 PAGE 14 6. provision ol goods or entity.The term "person"includes those officers,executives partners, shareholder,employees,members,and agents who are active in management of an entity Based on entitysubmitting ir ormation and belief,the statement which I have marked below is true in relation to the this sworn statement (Please Indicate which statement applies.) partners, entity,nor subsequen r either the entity submitting sworn statement,nor any of its officers,director,executives, si areholders,employees,members,or agents who are actiye in the management of the ny affiliate of the entity has been charged with and convicted of a public entity cnme to July 1,1989. he entity submitting this sworn statement,or one or more of its officers,directors, partners,shareholders,employees,members,or agents who are active in the it of the entity,or an affiliate of the entity,or an affiliate of the entity had been charged cc ivicted of a pubfic entity crime subsequent to July 1,1989,AND (please indicate which s atement applies. executives, manageme with and additional executives, manageme publicentit Florida,D'r ision determinec that The entity submitting this sworn statement,or one or more of its officers,directors, partners,shareholders,employees,members,or agents who are actiye in the it of the entity,nor any affiliate of the entity has been charged with and convicted of a crime subsequent proceeding before a Hearing Officer of the State of the State of of Administrative Hearings and the Final Order entered by the Hearing Officer it was not in the public interest to place the entity submitting this sworn statement onthe comlcted vendor list,(attachacopyofthe final order). I UNDERS AND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE UBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE)ABOVE IS FOR THAT PUBLIC ENTITY C MLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDA I YEAR IN WHICH IT IS FILED,t ALSO-UNDERSTAND THAT I AM REQUIRED TO INFORM T IAT PUBLIC ENTITY PRIOR TO ENTERING INTO ACONTRACT IN EXCESS OF.THE. THRESHO D AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGOR f TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and Personally kncfvn Orproduced icfentification .— s ibscribed before me this 2L day of doitJanAA£i07\.,20. (ypeofidentification) *v^.MARIA M.MENEI^itPj MY COMMISSION*DtTZCT? Notary Public-State of _ My commission expires. T^^L^^La^ cx— *#*"SSS^BP*.typed or stamped commissioned^ of notary public) 02/02/2005 10L48 3056636346 AFFIDAVIT OF RNANCIAL AND CONFLICTS OF INTEREST 1.Do you have«ly past duo financial obligations with Miami-Dade County? SingleF tmPy HouseLoans Multi-Fa %Housing Rehab Nnrnercfal LoanProject Section 108 Loan ID Funded Programs ns,fines,loans, Occupational licenses,etc.) CDBG U.S. Other H Other Ql HL If YES,|ease explain: YES 2.Do you have i iy past due financial "obligations with1th Miamj^)aneCounty? 3.Areyoua refttive Miami-Dade YES If YES,|ease explain: NO NO V PAGE 15 of or do you have any business orfinandal Interests with any elected MiamNDado County officialtvEmm™™.«r kfc^of MjajpHjSdo County's Advisory Boards?Jounty Employee,orMemberofi YES if YES,i ease explain: ffia^DsdTo ^0VW6d °"**aflkteVft ••be rea80n f0r rei9Ctfon **^"^^on of your project-funding request foregoinfi[questions are correctly stated to the best of my knowledge and belief. y& (Sigr tfureof 1 523" SUBSCRIBED AI DSWOfWTO(or aHJmwdHwtoremathb .Ctydayat JaWlfityg 05 By ,t>\\ (Date) \^KiT/ui^14 tPitm-ur dentlfication) 3* 'ftfttofefldMENENDEZ W COMMISSION #DO 271079 EXPIRES:Moot)IS.2008 lantp^drnoTgry)"— Notary Public-S imp of J^^^f m (State) _,He/She Is personally known to me orhas presented ,as identification. (Serial Number) (Expiration Date) Notary Seal 02/02/2005 10:48 3056S36346 PAGE 16 Bus less Enterprises Bus •The Code FORM A-12 rnnP of BUSINESS ETHICS In accorda ice with Section2-8.1(i)ofthe Miami-Dade County Code,each person or entity that i eeks to do business with the County shall adopt a Code of Business Ethics ("Code")ai d shall,prior to execution of any contract between the contractor and the County,su >mit an affidavit stating that the contractor has adopted a Code that complies with the re [uirements of Section 2-8.1 (i)of the Miami-Dade County Code.Any person or entity th it fails to submit the required affidavit shall be ineligible for contract award. The Code«f Business Ethics shall apply to all business thatthe contractor does with the County ant shall,ata minimum,require thatthe contractor: Con ply with all applicable governmental rules and regulations including,among othe s,the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and he False Claims Ordinance. Corrpry with all applicable rules and regulations regarding Disadvantaged Enterprises,Black Business Enterprises,Hispanic Business andWomenBusiness Enterprises (hereinafter collectively Minority less Enterprises,"MBEs")and Community Small Business Enterprises (CS lEs)and shall specifically prohibit the following practices: Pass-through Requirements.-TheCodeshall prohibit pass-throughs whereby the prime fire requires that the MBE or CSBE firm accept payments asa MBE or CSBE andpass through thosepayments.ora portion of those payments to another entity including,but not limited tothe owner/operator of the prime firm; Rental Space.Equipment orRat Overhead Fee Requirements.The Code shall prohibit rental space requirements,equipment requirements,and/or flat overhead fee requirements,whereby the prime firm requires the MBE orCSBE firm torent space orequipment from theprime firm or charges a flat overhead fee for the use of space,equipment,secretary,etc; Staffing Requirements.The Code shallprohibit the primefirmfrom mandating,as a condition to inclusion intheproject,thata MBE orCSBE hire,fire,orpromotecertain individuals notemployedbythe prime firm,or utilize staffemployedor previously employed bytheprime firm. MBE or CSBE Staff Utilization.The Code shall prohibittheprime firm fromrequiring the MBE.orCSBE firm toprovide more staff than is necessary and then utilizing the MBE orCSBEstaffforotherworkto be performed by the prime firm. Fraudulently creating,operating or representing MBE or CSBE.The Code shall prohibit a prime firm including,but not limitedto,the owners/operators thereof from fraudulentlycreating,operating or representing an entity as aMBEor CSBE for purposes ofqualifyingfor certification as a MBE or CSBE. shall also requirethatonany contract where MBE or CSBE participation is purported,the contract shall specify essential terms including,but not I mited to;a specific statement regarding the percent of participation planned for IBEs or.CSBEs,the timingof payments and whentheworkisto be perf<rmed. 02/02/2005 10:48 3056636346 PAGE 17 The any ailure ofa contractor to comply with its Code of Business Ethics shall render Icontract betweenthe contractor andtheCounty voidable,andsubject vioU orsto debarment from future County work pursuant to Section 10-38(h)(2) of th >Code.The Inspector General shall be authorized to investigate any alleged viols ion bya contractor ofitsCodeofBusiness Ethics. By:_$XA.M 2oOS Date %\Wt Pt tied Naifte and Tide of Affiant Federal Employer Identification I (A_r->-£.w-f-A /^>w\Printed Name of Rrm L (3D .Sun^-Oflil/^ Address of Rrm (of affirmed)before me this 3*J day of ^^20 OSSUBSCIBED He/She AND SWORN TO 5 personallyknowntomeorhaspresented as identification. Type .of Identification %MARIA M.MENENDEZ \jg MY COMMISSION #OD 271979 £EXPIRES:March 16,2009 «,NfituyDtocoum/^ee.Oo.\JM M40TARY. Print <'Stamped Name of Notary NotaryF iblic,State of. Serial Number Expiration Date OFFICE OF COMML JITYAND ECONOMIC DEVE .OPMENT Direct fa Office 375-3848 301-375-3428 dade.gov MIAMI-PAD COUNTY PHONE:30 FAX kflnnle@tnlan140W.FLAGLERSTREET,SUITE1000 MIAMI,FL 33130-1561 www.miamidad .gov/ced/ January 19,2005 Ms.Silvia Jarquin Grants Administrator City of South Miami 6130 Sunset Drive SouthMiami,Florida 33143 DearMs.Jarquin: Contn ;tEnclosedaresixcounterpartsofAmendmentOnetothefiscalyear2004CDBG the City of South Miami and a set ofaffidavits that need to be completed as part process.In addition,aCity ofMiami resolution authorizing the city manager to execut amendment is also required.The purpose ofthe amendment is to extend the contract's completion date to December 31,2005.Please return these documents no latter than T 1,2005. If you have any questions,please call me at (305)375-3472. Sincerely, with >ntr the /iij+S $Us**>^ Richard Hobennan Contracts Officer Enclosure C:\WD<DOW5\Dt»taopVWORD PRO DOCUMENTSNChy of SM UnnvTidby WentrdHoUnnn 1/19/05 1157AM 10 39Vd Anusd One 1>0«CDBOUf for «tan*Wt-<ioc ofthe contract |sbruary 917E9E9990E 8i:9T 9002/93/T0 02/02/2005 10:48 3056636346 PAGE 02 Community & RESOLUTIONNO.2-04-11781 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,t UTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WTIH MIAMI-DAE i COUNTY FOR THE CHURCH STREET IMPROVEMENTS -PHASE H GRANT AWARD OF $95,000 JKROUGH THE OFFICE OF COMMUNITY &ECONOMIC DEVELOPMENT;PROVIDING AN EFFECTIVE DATE. Wl EREAS,theMayorandCity Commission wishtoacceptFY2004 grant funds from Miami-Dade County Office of Community &Economic Development and; WlEREAS,the grant will partially fundtheChurchStreet Improvements Phase H,and;• WlEREAS,theMayorandCity Commission authorize theCity Manager toexecutethe grant contract forIif2004 Community Development Block Grant (CDBG)with Miami-Dade County Office of Community&Economic Development NOW THERE *ORE,BE TT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIA1 I,FLORIDA: Section I:The city wishestoacceptthe FY 2004CDBGfromMiamiDadeCounty Office of Economic Development Section2:ThattheMayorandCityCommissionauthorizethe City Managertoexecutethe FY 2004 grant cor|ract with Miami-Dade County Office of Community Development. Section3:This resolution shall beeffectiveimmediatelyupon adoption. APPROVED: READ PASSED AND ADOPTEDthis6 th day of January .2004. ATTEST: 2k AS TO FORM:Commission Vote:4-0 Mayor Feliu:Yea Vice MayorRussell:out-of room Commissioner Bethel:'Yea./ CommissionerWiscombe:yea'' Commissioner McCrea:Yea MIAMI-DADE] COMMUNITY AND ECONOMIC DEVELOPMENT 140 W.FLAGLER STREET,SUITE 1000 MIAMI,FL 33130-1561 April 6,2004 Ms.Silvia Jarquin Grants Adniinistrator City of South Miami 6130 Sunset Drive South Miami,Florida 33143 Dear Ms.Jarquin: Re:FY 2004 CDBG Contract -$95,000 w'FFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT Director's Office PHONE:305-375-3431 FAX:305-375-3428 kfinnie@miamidade.gov www.co.miami-dade.fl.us/ced/ Iampleasedtoencloseafullyexecuted counterpart of the FY 2004 CDBG contract with your organization.As areminder,progressreportsareduetendaysaftertheend of eachquarterly period.Failure tosubmitthese reports onatimelybasiswilladverselyaffectyourrankingin next year's fundingprocess. Ilookforwardtoworkingwithyouonthis project.If youhaveanyquestionsorconcerns,please call me at(305)375-3472. Sincerely, K rpv^m^A^- Richard Hoberman Contracts Officer Enclosure C:\WINDOWS\DesktopYWORD PRO DOCUMENTS\CITY IF SOUTH MIAMI FY04CDBGFinalContract Llr.doc LastsavedbyRichardHoberman 4/6704 2:50 PM CDBG FY 2004 Non-Profit FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI-DADE COUNTY AND City of South Miami This contract is entered into between Miami-Dade County,hereinafter referred to as the "County" and City of South Miami,a Florida nonprofit organization,hereinafter referred toasthe "Contractor". The parties agree: I.Definitions OCED 24 CFR Part 570 -CDBG Community Development Corporation Low-and Moderate-Income Person Contract Records Federal Award Subrecipient Contractor Office of Community and Economic Development or its successor Department Federal regulationsimplementingTitle I oftheHousing and Community Development Act of 1974,as amended -Community Development Block Grant Alocal agency thatisorganizedto meet community development needs withparticular emphasis on the economic development,housing and revitalization needs of low-and moderate-income area residents and whichis receptive tothe needs expressed by the community. A member of low-and moderate-income familyi.e.,a family whose income iswithin specified income limits set forth by U.S.HUD. Any andall 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 byoratthedirection of the Contractoror any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records,ledgers,drawings,maps,pamphlets,designs, electronic tapes,computer drives and diskettes or surveys. Any federal funds received by the Contractor from any source during the period of time in which the Contractor is performing the obligations set forth in this contract Apublic agency or nonprofit organization selected by the County to administer all or a portion of the County's CDBG program. Recipient of CDBGfundsfrom Miami Dade County II.The Contractor Agree-. A.The Contractor shall carry out the activities specified in Attachment A,"Scope of Services,"inthe County orthe focus area(s)of Dade. B.IdemnificationandInsurance Requirements The Contractor shall comply with the idemnification and insurance requirements outlined in Attachment B-1 ofthis agreement.All certificates and insurance updates must identify the names of the Contractor and the activity being funded through this agreement. CONTRACTOR LIABILITY OBLIGATION Compliance with the requirements in Attachment B-1 shall not relieve the Contractor ofhis liability and obligation under this subsection or under any subsection ofthis contract.The contract is contingent upon receipt ofthe insurance documents within fifteen (15)calendar days after the Board of County Commissioners'approval.If the Insurance Certificate is received within the specified period,but not in the manner prescribed in these requirements,the Contractor shall be verbally notified ofthe deficiency and shall have an additional five (5)calendar days to submit a corrected certificate tothe County. Ifthe Contractor fails tosubmitthe required insurancedocumentsinthemanner prescribed in these requirements within twenty (20)calendar days after the Board of County Commissioners'approval,the Contractor shall be in default of the terms and conditions of the contract. CERTIFICATE OF CONTINUITY The Contractor shallbe responsible for ensuringthatthe insurance certificates required in conjunction with this subsection remain in force for the duration of the contract period,including any and all option years,if applicable.If the insurance certificates are scheduledto expire during thecontract period,the Contractor shall be responsible for submitting new or renewed insurance certificates tothe County ataminimumofthirty (30)calendar daysbeforesuch expiration. In theeventthat expiration certificates are not replaced with newor renewed certificatesthatcoverthecontract period,theCountyshall suspend thecontract until the neworrenewedcertificatesarereceivedbytheCountyinthemanner prescribed in the requirements;provided,however,that this suspended period doesnotexceed thirty (30)calendar days.If such suspensionexceeds thirty (30) calendar days,the County may,atits sole discretion,terminate the contract for cause. Prior toexecutionofthe contract bytheCountyandcommencementofthe contractedservices,the Contractor shall obtain all insurance required underthis Sectionand submit sametotheCountyforapproval.Ail insuranceshallbe maintained throughout the term of the contract C.Indemnification The Contractors shallindemnifyandholdharmlesstheCountyanditsofficers, employees,agents and instrumentalities from any and all liability,lossesor damages,including attorneys'fees and costsof defense,which the County orits officers,employees,agentsor instrumentalities may incur asa result of claims, demands,suits,causesof actions or proceedings ofany kind or nature arising out of,relating toor resulting from the performance ofthis Agreement bythe Contractororitsemployees,agents,servants,partners principals or subcontractors.The Contractorshallpayall claims and losses in connection therewith andshall investigate anddefendallclaims,suits or actions of anykind 2 or nature in _*e name of the County,where appt.jble,including appellate proceedings,andshallpayall costs,judgments;andattorney'sfeeswhichmay issue thereon.The Contractor expressly understands and agrees that any insuranceprotection required bythisAgreementorotherwiseprovided by the Contractorshallinnoway limit the responsibility toindemnify,keepandsave harmless anddefendtheCountyor its officers,employees,agents and instrumentalities as herein provided. D.Documents The Contractor shall submit documents to OCEDas described below or any other document in whatever form,manner,or frequency as prescribed by OCED.These willbeusedformonitoringprogress,performance,andcompliancewiththis contractandforcompliancewith applicable Countyand Federal requirements. 1.Certificates of Insurance -originaltobe received by OCED within the first month of this contract periodandpriorto payments made by the Countyandasthey are renewed throughout this contract period. 2.Progress Reports a.The Contractor shall submit a status report using the form attached hereto as Attachment C,"Progress Report,"asit may be revised by OCED,whichshalldescribetheprogressmadebytheContractorin achieving eachoftheobjectivesand action stepsidentifiedin Attachment A,"Scope of Services." The Contractor shall ensure that OCED receives each report in triplicate (or as indicated)no later than April 12,2004,July 12,2004, October 12,2004 and January 12,2005. Quarterly Reporting when Subcontractors are Utilized Contractors are advised that when subcontractors or subconsultants areutilizedto fulfill the terms and conditions of this contract,Miami-Dade CountyResolution No.1634-93 will applyto this contract This resolution requires the selected Contractors to file quarterly reports astothe amount of contract monies received from theCountyandtheamountsthereofthathavebeenpaidby thecontractordirectlyto Black,Hispanic andWomen-Owned businesses performing partofthecontractwork. Additionally,thelistedbusinessesare required to sign the reports, verifying their participation in the contract work and their receipt of suchmonies.For purposesof applicability,the requirements of this resolution shallbeinadditionto any other reporting requirements required by law,ordinance or administrative order. TheContractorshall submit to OCED a cumulative account of its activitiesunderthisagreementbycompletingthefollowing portions of the Progress Report Form: Section I -Status of Contracted Activities: The Contractor must reportspecificinformation regarding the status of the contracted activities,including accomplishments and/or delays encountered during the implementation ofthe project andan unduplicated countofclientsserved during the reporting period (if applicable)for each federally defined ethnic category. Contractors engagedin construction and/or housing rehabilitation projects shall report onthe progress of their activities including the 3 .lumber of housing units completed ant.occupied by low-moderate and low income residents.The Contractor shall also report demographic informationoneachhead of household.Eachgoal and corresponding objective(s),as indicated in the approved Scope of Services,must be addressed as part of this report. Section II-Fiscal Information: The Contractor must report expenditure information based on approved budgeted line items toreflectall costs incurred during the reporting period.In addition,the Contractor shall report on Program Income Usage for each contracted activity. Section III -Minority Business Enterprise: Minority Business Enterprise Report (First and Third Quarter Progress Report)•The Contractor shall report toOCED the number of business activities involving minority vendors,including subcontractors performing work under this Agreement.The "Minority Business Enterprise Report"Section in Attachment C,and when applicable Section 3in the same Attachment shall be completed semiannually by the Contractor and submitted to OCED no later than April 12,2004 and October 12,2004. Section IV-Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report)-The Contractor shall report to OCED the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C,as it may be revised.This section of the form shall be completed semiannually by the Contractor and submitted to OCED no later than April 12,2004 and October 12, 2004.. The Contractor shall submit to the County,ina 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 ina manner satisfactory to the County by the due date shall render the Contractor in noncompliance with this Article.The County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this Contract by giving five days written notice of such action to be taken. c.Unspecified Site(s)Objective -If the Contractor has not yet identified a location to carry out any of the activities described in Attachment A,the Contractor 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 Contractor complies with the provisions contained within Section II,Paragraph D.4.of this contract.Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th)business day of each month and shall address the progress undertaken by the Contractor during the previous month.This Progress Report shall .<ot be required if the Contractor is subL.Jng the Progress Reports required by Section II,Paragraph D.2.a and Paragraph D.3. 3.Annual Report (Fourth Quarter Progress Report)-The Contractor shall submit a cumulative status report (hereinafter referred to as "Annual Report")using the "Progress Report"specified in Section II,Paragraph D.2.a.above,which shall describe the progress made by the Contractor 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 1,2004 through December 31,2004 and shall be received by OCED no later than January 12,2005.. 4.Environmental Review -The Contractor immediately upon locating or determining a site for each of the "Unspecified Site"activities to be carried out pursuant to this contract,shall submit information detailing the location of each site for which a Site Environmental Conditions Statement,will be prepared as described in Article II,Section E.5.of this contract as set forth below.The Environmental Review is to be prepared on information contained in Attachment D,"Information for Environmental Review Form." 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 receipt bv fthe participating jurisdiction,insular area or state recipient!of a release of funds from the U.S.Department of Housingand Urban Development Tor the State of....1 under 24 CFR Part 58.The parties further agree that the provision of any funds to the project is conditioned on the [participating jurisdiction,insular area or state recipients'sl determination to proceed with,modify or cancel the project based on the results of a subsequent environmental review. 5.Audit Report -The Contractor shall submit to OCED an annual audit report in triplicate asrequiredby Section II,ParagraphK of this contract,as set forth below. 6.Personnel Policies and Administrative Procedures -The Contractor shall submit detailed documents describing the Contractor's internal corporate or organizational structure,property management and procurement policiesandprocedures,personnel management,accounting policiesand procedures,etc.Such informationshallbe submitted to OCED within30 days of the execution of this contract. 7.Inventory Report -The Contractor shall report annually all nonexpendable personalandrealproperty purchased with CDBG fundsfrom this and previous agreements withtheCountyasspecifiedinSection II,Paragraph T of this contract. 8.Affirmative Action Plan-The Contractor shall report to OCED information relativeto the equalityof employment opportunities whenever so requested by OCED. E.Participation >..me CDBG Program 1.The Contractor 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.Toaidin 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 Contractor shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDB'G funds isan activity which provides benefit to no less than 51%of low-and moderate-income persons. 3.The Contractor 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.If the Contractor is a primarily religious entity,it shall comply with all provisions of 24 CFR 570.200 (j)- 4.The Contractor agrees to comply with (a)the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended (URA),and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b):(b)the requirements of 24 CFR 570.606(c)governing the Residential Antidispiacement and Relocation Assistance plan under section 104(d)of the HCDAct;and (c)the requirements in 570.606(d)governing optional relocation policies.(The County may preemept the optional policies).The Contractor shall provide relocation assistance to persons (families,individuals,businesses,non-profit organizations and farms)that are displaced as a direct result of acquisition,rehabllitaion,demolition or conversion for aCDBG assisted project The Contractor 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 Contractor shall obtain, immediately after a site is identified by the Contractor,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 Contractor shall cooperate with OCED in informing the appropriate CDBG citizen participation structures,including the appropriate area committees,of the activities of the Contractor in adhering to the provisions of this contract.Representatives of the Contractor 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 Contractor shall make a good faith effort to address the concerns of the residents of the affected area.The Contractor shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees,of the activities of the Contractor in adhering to the provisions of this contract Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures,upon the request of the citizen participation officers,OCED,or the County. 8.For activities involving acquisition,rehabilitation and/or demolition of property and which require the relocation of families,individuals, .businesses and/or industries,the Contractor shall submit a written notification to the Urban Development Division of OCED prior to relocating, evacuating,and/or dispersing any and alllegal 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)isin question, the Contractor shall contact the above mentioned unit prior to making a determination.Contractors receiving CDBG funds shall adhere to 24 CFR part50 and/or part58and to the rulesand regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended. 9.The Contractor shall adopt Affirmative Marketing Procedures and requirements forCDBG assisted projects.These procedures must consist of actions to provide information and attract eligible persons fromallracial, ethnic and gender groups to the available services.The Contractor shall annually assess its affirmative marketing program to determine if the procedures used to comply withthe requirements specified inPublicLaw 88-352 and Public Law 90-284 successfully meet these requirements.The Contractor shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. F.Lobbying Prohibition 1.The Contractor shall certify that nofederal appropriated funds have been paidorwillbepaid,byoron behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,oran employee of a Member of Congress in connection with the awarding of any federal Agreement,the making of any federalgrant,the making of any federalloan, the entering into of any cooperative Agreement,and the extension, continuation,renewal,amendment,or modification of any federal Agreement,grant,loan,or cooperative Agreement 2.The Contractor shall disclose to OCEDif any funds other than federal appropriated funds have been paidorwillbepaidtoanypersonfor influencingor attempting to influence anofficeror employee ofanyagency, aMember of Congress,an officer or employee of Congress,oran employee of a Member of Congress in connection with this federal Agreement,grant loan,or cooperative Agreement,onaStandard Form-LLL,"Disclosure Form toReport Lobbying,"In accordance withits instructions. 3.The Contractor shall ensure that the language in this Section II,Paragraph F.1.and F.2 be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and Agreements undergrants, loans,and cooperative Agreements)andto ensure that all subrecipients shallcertifyand disclose accordingly in connection with this activity. G.Federal,State,and County Laws and Regulations 1.TheContractorshall comply withapplicable provisions of applicable federal,state,and County laws,regulations,andrules including OMB A-122,OMB A-110,OMB A-21,OMB A-133,andwiththeapplicable procedures specified in OCED's Contract Compliance Manual,whichare incorporated hereinbyreference,receiptofwhichisherebyacknowledged, and as they may be revised. 2.The Contractor shall comply with Section 504 of the Rehabilitation Actof 1973,as amended,whichprohibitsdiscriminationon the basis of handicap; TitleVI of the Civil Rights Act of 1964,as amended,which prohibits 7 discr'm...iation on the basis of race,color,c.national origin;the Age Discrimination Act of1975,as amended,which prohibits discrimination on thebasisof age;Title VIII ofthe Civil RightsActof 1968,as amended,and Executive Order11063 which prohibits discrimination in housing on the basisofrace,color,religion,sex,ornational origin;ExecutiveOrder 11246, as amended whichrequiresequal employment opportunity;andwiththe Energy Policy,amendedand Conservation Act (Pub.L 94-163)which requires mandatory standards and policies relating toenergyefficiency. The Provider alsoagreestocomplywiththe Domestic ViolenceLeave codifiedas 11A-60 et seq.ofthe Miami-Dade County Code,which requires anemployer,whointhe regular courseof business hasfifty (50)ormore employeesworkingin Miami-Dade Countyforeachworkingdayduring eachoftwenty (20)ormorecalendarwork weeks toprovide domestic violence leavetoits employees.Failure to comply with this local law may begroundsforvoidingor terminating thisAgreementorfor commencement of debarment proceedings against the Provider. 3.If the amountpayabletotheContractorpursuanttothe terms of this contract isin excess of $100,000,the Contractor shall comply with all applicablestandards,orders,orregulations,issued pursuanttoSection 306 of the CleanAirAct of 1970 (42U.S.C.1857 h),as amended;the Federal Water PollutionControl Act (33U.S.C.1251),as amended;Section 508 of the CleanWater Act (33U.S.C.1368);Environmental Protection Agency regulations (40 CFR Part 15);and Executive Order 11738. 4.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Contractor shallreportits compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5.Americans with Disabilities Act (ADA)of 1990 -The Contractor shall attest to;and submit the requiredDisability Non-discrimination Affidavit assuring compliance withallapplicable requirements of the laws listed below including but not limitedto,those provisions pertaining to employment, provisions andprogram services,transportation,communications,access to facilities,renovations,and new construction. 6.Affirmative Action/Non-Discrimination of Employment.Promotion,and Procurement Practices (Ordinance #98-30)-All firms with annual gross revenues in excess of $5 million,seeking to contract with Miami-Dade County shall,asa 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 apart of their proposals/bids tobefiledwiththeClerk 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 Firmsclaiming exemption must submit,asapart of their proposals/bids tobefiledwith 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 willbe 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. 8 Any bi^^er/respondent which doesnot provide,^n affirmative action plan andprocurement policy maynotberecommendedbytheCounty Manager foraward by the Board of County Commissioners. 7.Domestic Violence LeaveAffidavit:Priorto entering intoany contract with the County,a firm desiring todobusinesswiththeCountyshall,asa conditionof award,certifythatitisincompliancewith the DomesticLeave Ordinance,99-5andSection 11A-60 ofthe Miami-Dade CountyCode.This Ordinance applies to employers that have,inthe regular courseof business,fifty (50)or more employees working in Miami Dade County for each working day during eachoftwenty (20)ormore calendar work weeks inthecurrentor preceding calendar year.In accordance withResolutionR- 185-00,the obligation to provide domesticviolence leave toemployees shallbea contractual obligation.The County shallnot enter intoa contract with any firm that has not certified its compliance with the Domestic Leave Ordinance.Failure tocomplywiththerequirementsofResolution R-185-00, aswellas the DomesticLeaveOrdinance may result in the contract being declared void,the contract beingterminated and/or the firm being debarred. 8.Codeof Business Ethics:In accordancewithSection 2-8.1(1)of the Code of Miami-Dade County each person orentitiythat seeks todo business with Miami-Dade County shall adoptaCodeofBusiness Ethics ("Code")and shall,prior to execution of anv contract between the contractor and the County,submit anaffidavit stating that the contractor has adopted a Code that complies withthe requirements of Section 2-8.1(1)of the Miami-Dade County Code (Form A-121.Anv person or entity that failsto submit the required affidavit shall be ineligible for contract award. 9.Public Entity Crimes:Pursuant toSection 287.133(2)(a)ofthe Florida Statutes,a person or affiliate whohasbeen placed onthe convicted vendor list following a conviction for a public entity crime maynotsubmita contract to provide any goods or services toa public entity,may not submit a contract with a public entity for the construction or repair ofa public building or public work,may not submit leases of real property toa public entity,may notbe awarded or perform work asa contractor,supplier, subcontractor,or consultant undera contract withany public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 ofthe Florida Statutes,for CATEGORY TWO ($10,000)for a period of 36 months from the date of being placed on the convicted vendor list. If any attesting firm,or any owner,subsidiary,or other firm affiliated with or related tothe attesting firm,is found by the responsible enforcement agency,the Courts orthe County tobe in violation of the Acts,the County will conduct no further business with such attesting firm.Any contract entered into based upona false affidavit,as listed below,and submitted pursuant to this resolution shall be voidable by the County: 1.Miami-Dade CountyOwnershipDisclosureAffidavit 2.Miami-Dade Employment Family LeaveAffidavit 3.Miami-Dade Employment Drug-Free WorkplaceAffidavit 4.Miami-Dade Employment DisclosureAffidavit 5.DisabilityNondiscriminationAffidavit 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.Currentonall County Contracts,Loans,andOther Obligates Affidavit 12.ProjectFreshStartAffidavit 13.Domestic ViolenceLeave Affidavit 14.Code of Business Ethics Affidavit 15.Financial andConflictsofInterestAffidavit 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 bythe County,even ifthe attesting firm was not in violation at the time it submitted its affidavit. Theapplicable Acts areas follows: 1.The Americans with Disabilities Actof 1990 (ADA),Pub.L.101-336,104 Stat 327,42 U.S.C.12101-12213 and 47 U.S.C.Sections 225 and 611 including Title I,Employment;Title II,Public Services;Title 111,Public Accommodations and Services Operated by Private Entities;Title IV, Telecommunications;andTitleV,Miscellaneous Provisions. 2.The Rehabilitation Actof 1973,29 U.S.C.Section 794; 3.The Federal TransitAct,asamended49 U.S.C.Section 1612; 4.The Fair Housing Actas amended,42 U.S.C.Section 3601-3631. H.Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation,only the conflicting provision shall be deemed bythe parties hereto tobe modified tobe consistentwiththe law or regulation ortobe deleted if modification isimpossible. However,the obligations under this contract,as modified,shall continue and all other provisions ofthis contract shall remain in full force and effect. I.Board of Directors If the Contractor isa Community Development Corporation (CDC),OCED shall havethe option to appoint a representative tothe Contractor's board of directors. This representative shall not be considered in the counting ofa quorum and shall have no voting privileges. J.Construction If the Contractor engages in,procures,or makes loans for construction work,the Contractor shall: 1.Contactthe OCED representative notedinSection IV,Paragraph Kofthis contract,prior to taking any action,toschedulea meeting to receive compliance information. 2.Comply with the Contractor'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 andSafetyStandardsAct;andLead-BasedPaintPoisoning Prevention Actas amended on September 15,1999;and other related acts, as applicable. 4.Submit to OCED forwrittenapproval all proposedSolicitationNotices, Invitations forBids,and Requests for Proposals priorto publication. 5.Submit to OCED all construction plansand specifications andreceive OCED's approval priorto implementation. 10 6.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. K.Audits and Records 1.Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133.Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program-specific audit performed,in accordance with OMB A-133. Contractors 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.Nonprofit organizations that expend less than $300,000 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).These agencies are required by OCED to submit "reduced scope"audits (e.g.,financial audits,performance audits).They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate.Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3.When the requirements of OMBA-133 apply,or when the Contractor elects to comply with OMB A-133,an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Contractor.Each audit shall include a fiscal review,which includes a validation of all program generated income and its disposition,especially attributable to CDBG funds,an internal control review,and a compliance review as described in OMB A-133.A copy of the audit report in triplicate must be received by OCED no later than six months following the end of the Contractor's fiscal year. 4.If an audit is required by Paragraph K of this contract,but the requirements of OMB A-133 do not apply orare not elected,the Contractor may choose 'to have an audit performed either on the basis of the Contractor's fiscal year oron the basis of the periodduring which OCED-federal assistance has been received,in either case,each audit shall cover a time period of not more than twelve (12)months and an audit shall be submitted covering each assisted period untilall the assistance received from this contract has been reported on.Each audit shall adhere to all other audit standards of OMB A-133,as these may be limited to cover only those services undertaken pursuant to the terms of this contract.A copy of the audit report in triplicate must be received by OCED no later than six months following each audit period. 5.The Contractor 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 orindirectlybythe County pursuant to the terms of this contract. 11 6.The extractor shallmaintainallContract K_^ords that document all actions undertaken to accomplish the "Scope of Services"outlined in Attachment A in this contract 7.TheContractorshall ensure thattheContract Records shallbeatall times subject to and available for full access and review,inspection,or audit by County and federal personnel and anyother personnel duly authorized by the County. 8.TheContractorshallincludein all OCED approved subcontracts used to engage subcontractors to carry outany eligible substantive programmatic services,assuchservicesaredescribedin this contractanddefinedby OCED,eachofthe record-keeping andauditrequirementsdetailedinthis contract.OCEDshall,in its sole discretion,determine when services are eligible substantive programmatic servicesandsubjecttothe audit and record-keeping requirements described above. 9.TheCountyreservestherighttorequiretheContractorto submit toan auditbyAuditand Management Servicesorother auditor oftheCounty's choosing attheContractor's expense.TheContractorshallprovide access toall of its records,which relate directly or indirectly to this Agreement at itsplaceofbusiness during regular businesshours.The Contractor shall retainall records pertainingto this Agreement and upon request make them availabletotheCountyforthreeyearsfollowingexpiration of the Agreement.The Contractor agreesto provide suchassistanceasmaybe necessary to facilitate therevieworauditbytheCountyto ensure compliancewith applicable accountingand financial standards. 10.The Contractor shall ensure that its auditors share their audit results with OCED.This will include their completion of the monitoring instrument at thetimethatthe agency undergoes itsannual audit or reduced scope audit The auditors must submit the completed monitoring instrument and the auditreportto OCED withinsix months after the conclusion oftheaudit period. L.Retention of Records 1.The Contractor shall retain ail Contract Records fora period of at least five (5)years (hereinafter referred toas"Retention Period")subject tothe limitations set forth below: a.For all non-CDBG assisted activities,the Retention Period shall begin upon the expiration or termination of this contract b.ForCDBG assisted public service activities,the Retention Period shall begin upon the date of U.S.HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity isreportedas completed.For each public service activity, the Contractor must retain ail contract records except those relating to real and nonexpendable personal property. c.For all other CDBG assisted activities,the Retention Period shall begin upon U.S.HUD's acceptance of OCED'sannualGrantee Performance Report in which each assisted activity is reported on for the final time.For all the CDBG assisted activities covered by this Section II,Paragraph L.1.C.,the Contractor must retain all contract records except those relating to real and nonexpendable personal property. d.For all CDBG assisted activities,the Retention Period for all contract records relating to real and nonexpendable personal 12 \ Kroperty shall beginuponthedateof w final dispositionofthe property. 2.If the County or the Contractor have received or given notice of any kind indicating any threatened or pending litigation,claim or audit arising out of the services provided pursuant tothe terms ofthis contract,the Retention Period shall be extended until such time as the threatened or pending litigation,claim or audit is,in thesole and absolute discretion of OCED fully,completely and finally resolved. 3.The Contractor 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 duringtherequired Retention Period. 4.The Contractor shall notify OCED in writing,both during the pendency of this contract and after its expiration as part of the final closeout procedure, of the address whereallcontractrecordswillberetained. 5.The Contractor shall obtain written approval of OCED prior to disposing of anycontractrecordswithinoneyearafterexpirationoftheRetention Period. M.Provision of Records 1.The Contractor shall provide to OCED,upon request all contract records. These records shall become the property of OCED without restriction, reservation,or limitation of their use.OCED shall have unlimited rights to all books,articles,or other copyrightable materials developed for the purpose ofthis 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 Contractor receives funds from,or is under regulatory control of, other governmental agencies,and those agencies issue monitoring reports, regulatory examinations,orother similar reports,the Contractor shall provideacopyofeach report andany follow-up communicationsand reportsto OCED immediatelyupon such issuance unless such disclosure isa violation of the rules or policies of the regulatory agencies issuing the reports. 3.MIAMI-DADE COUNTY INSPECTORGENERALREVIEW According to Section 2-1076 of the Code of Miami-Dade County,as amendedby Ordinance No.99-63,Miami-Dade Countyhasestablishedthe Office ofthe Inspector General which may,ona random basis,perform audits on all County contracts,throughout the duration of said contracts, exceptas otherwise provided below.Thecostofthe audit ofany Contract shallbeonequarter (1/4)of one (1)percentofthetotalcontract amount which cost shallbe included inthetotalproposedamount.Theaudit cost will bedeductedbythe County from progresspaymentstotheselected Contractor.The audit cost shall alsobe included in all change orders and all contract renewals and extensions. Exception:The above application ofone quarter (1/4)ofone percent fee assessment shallnotapplytothe 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-generatingcontracts;(I)contractswherean IPSIG is assigned at thetimethe contract is approved bythe Commission;(j)professional 13 servicv agreements under $1,000;(k)manage,ntagreements;{\y small purchase orders as defined in Miami-Dade County Administrative Order 3-2; (m)federal,state and local government-funded grants;and (n)interlocal agreements.Notwithstanding the foregoing,the Miami-Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (1/4)of one percent in any exempted contract at the time of award. N.Prior Approval The Contractor shallobtainwritten approval from OCED priorto undertaking any of the following: 1.The engagement or execution ofany subcontract(s)orcontract assignments,wherein CDBG funds will beusedtopayfor goods or services.The contractor must submit ail proposed agreement documents to OCED at least thirty(30)days priorto the start date of the agreement 2.The addition of any positions not specifically listed in the approved budget. 3.The modification or addition of all job descriptions. 4.Thepurchaseofall nonexpendable personalpropertynotspecificallylisted in the approved budget. 5.The disposition of allreal,expendable personal,and nonexpendable personalpropertyasdefinedin Section II,Paragraph T.1.of this contract 6.Out-of-town travel not specifically listed in the approved budget. 7.The disposition of program income not specifically listed inthe approved program income budget. 8.Thepublication of proposedSolicitationNotices,InvitationsforBidsand Requests forProposalsas provided forin Section II,ParagraphJ of this contract. 9.The disposal of all contract records as provided forin Section II,Paragraph L of this contract. O.Monitoring The Contractor shall permit OCED and other persons duly authorized by OCED to inspect all contract records,facilities,equipment,materials,and services of the Contractor which arein 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 Contractor.Following such inspection or interviews,OCEDwill deliver to the Contractor a report of its findings,and the Contractor will rectify all deficiencies cited by OCED within the specified period of time set forthin the report,or provide OCED with a reasonable justification for not correcting the deficiencies.OCEDwill determine,in its sole and absolute discretion,whether or not the Contractor's justification is acceptable or if the Contractor must,despite the justification,rectify the deficiencies cited by OCEDin its report. P.Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies)and 24CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any 14 financial interest,direct orindirect,which would confliu.in any manner or degree withtheperformance of services requriedunderthis Agreement.The Contractor further covenants thatintheperformanceofthis Agreement no person having such afinancial interest shallbe employed orretainedby the Contractor hereunder.These conflict of interest provisions apply to any person who isan employee,agent,consultant,officer,orelected official or appointed official ofthe County,orofanydesignated public agencies or subrecipients whichare receiving funds under the CDBG Entitlement program. The Contractor shall disclose any possible conflicts of interest or apparent improprieties ofany party that are covered bytheabove standards.The Contractor shall make such disclosure In writingto OCED immediately upon the Contractor's discovery ofsuchpossibleconflict OCED will then render anopinionwhich shall be binding on all parties. Q.Related Parties The Contractor shallreportto OCED thename,purpose,andanyotherrelevant informationin connection withany related partytransaction.This includes,butis not limited to,a for-profit ornonprofitsubsidiaryor affiliate organization,an organization with overlapping boards of directors,and an organization for which the Contractor isresponsiblefor appointing memberships.The Contractor shall report this information to OCED upon forming the relationship orif already formed, shall report it immediately.Any supplemental information shall be reported quarterly in the required Progress Report. R.Publicity,Advertisements and Signage 1.The Contractor shall ensure that all publicity,public relations, advertisements andsigns,recognizesthe Miami-Dade OfficeofCommunity andEconomicDevelopment (OCED)andtheCommunityDevelopment Block Grant (CDBG)for the support of all contracted activities.Thisisto include,butisnot limited to,all postedsigns,pamphlets,wall plaques, cornerstones,dedications,notices,flyers,brochures,newsreleases,media packages,promotions,and stationery.All signsusedto publicize OCED contractedactivities must beapprovedby OCED priortobeing posted and must also meet thestandardspecificationsas established by OCED.The use of the official MiamiDadeOCED logo is permissible. 2.TheContractorshallfurnish,erectand maintain.construction signs in accordance with sketch included in these contract documents.The signs shallbe made of %inch thick marineplywood,newly painted andlettered according to the accompanying sketch. Thesigns shall be painted and lettered In accordance with professional outdoor sign painting standards astolayout symmetry,proportion,clarity and neatness and use ofweather-resistantcolorsandmaterials.The Contractor shall place thesigns,securely braced andmounted,asshown onthe typical project sign placement diagram oras directed bythe engineer.All materials shall be provided bythe Contractor and thesigns shall remain inthe property ofthe Owner atthe completion ofthe contract. NO WORKSHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE.THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.For thisproject signs will be required. Payment for furnishing,installing and maintaining thesign shall be under the bid amount for mobilization. S.Procurement The Contractor must take affirmative steps to procure supplies,equipment, construction,orservicesto fulfill this contract from minority andwomen's 15 businesses,a*.~.toprovide these sources the maximu..i feasible opportunity to compete for subcontracts tobeprocuredpursuanttothis contract Tothe maximum extent feasible,these businesses shall be located in or owned by residents of theCommunityDevelopmentareas designated by OCED in the CDBG application approved by the supervising federal agency. The Contractor shall assure that all subcontracts or third party agreements contain provisionswithstatedgoals,thatlow-incomeresidents from Community DevelopmentTargetandServiceAreasbeprovidedwith opportunities for employment andtrainingin contracted activities. 1.In conformance with Section 3 of the Housing and Community Development Act of 1968,the Contractor must directfederal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given tolowand very low-income persons,particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: A The work to be performed under this contract is subject to the requirements of section 3 of the Housing andUrban Development Act of 1968,as amended,12U.S.C.170lu (section 3).The purpose of section 3is 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. B.The partiesto this contract agree to comply withHUD's regulations in24 CFRpart135,which implement section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s)taking applications for each of the positions;and the anticipated date the work shall begin. D.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in24CFRpart135,and agrees to take appropriate action,as provided inan applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E.The contractor will certify that any vacant employment positions,including training positions,that are filled (1)after the contractor is selected but before the contract is executed,and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. 16 F.Nonco.v'iance withHUD's regulations in24 <_.A part135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G.With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act (25U.S.C.450e)also applies to the work to be performed under this contract Section 7(b)requires that to the greatest extent feasible (i)preference and opportunities for training and employment shall be given to Indians,and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). H.Fair Subcontracting Policies (Ordinance 97-35) All Contractors on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended,requiring Contractors to provide a detailed statement of their policies and procedures for awarding subcontracts which: a)notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b)invites local subcontractors to submit bids/proposals ina practical, expedient way; c)provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid/proposal; d)allows local subcontractors to meet with appropriate personnel of the Contractor to discuss the Contractor's requirements;and e)awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Contractor's stated objectives. All Contractors 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).Contractors who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local"means having headquarters located in Miami-Dade County or having a place of business located in Miami-Dade County from which the contract or subcontract will be performed. The term "subcontractor"means a business independent of a Contractor that may agree with the Contractor to perform a portion of a contract. The term "subcontract"means an agreement between a Contractor and a subcontractor to perform a portion of a contract between the Contractor and the County. T.Property 1.Definitions a.Real Property:Land,land improvements,structures,fixtures and appurtenances thereto,excluding movable machinery and equipment. 17 b..^rsonal Property:Personalproperty.anykind except real property. 1)Tangible:Ail personalpropertyhavingphysical existence. 2)Intangible:Allpersonalpropertyhavingnophysical existence such as patents,inventions,and copyrights. c.Nonexpendable PersonalProperty:Tangible personal property of a nonconsumable nature,with a value of $750 or more per item,with anormal expected life of one or more years,not fixedinplace,and notanintegralpart of a structure,facilityor another piece of equipment d.ExpendablePersonal Property:Alltangiblepersonalproperty other than nonexpendable property. 2.The Contractor shall comply with the real property requirements as stated below: a.Any real property under the Contractor's control that was acquired or improved in whole orinpart 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 following the expiration or termination of this contract,or for such longer period of time as determined by OCEDin its sole and absolute discretion;or 2)Not used to meet one of the three (3)CDBGNational Objectives.Inthe event the property is not used to meet one of the national objectives for five (5)years following the expiration or termination of this contract or such longer period as determined by OCED-then the Contractor shall pay to OCEDan amount equal to the market value of the property as may be determined by OCEDin its sole and absolute discretion,less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of,or improvement to,the property. Reimbursement is not required after the period of time specified in Paragraph T.2.a.1.,above. b.Any real property under the Contractor's control that was acquired or improved in whole orinpart with CDBG funds fromOCEDfor $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 in whole or inpart with funds from this and previous contracts with OCED,or transferred to the Contractor after being purchased in whole orin part with funds from OCED, shall be listed in the property records of the Contractor and shall include a legal description;size;date of acquisition;value at time of acquisition;present market value;present condition;address or location;owner's name if different from the Contractor;information on the transfer or disposition of the property;and map indicating whether property isin parcels,lots,or blocks and showing adjacent streets and roads.The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met.if the property was improved,the records shall describe the programmatic 18 ,-urpose for which the improvements vw^.e made and identify the CDBG national objective that will be met d.Allreal property shall be inventoried annually by the Contractor and an inventory report shall be submitted to OCED.This report shall include the elements listed in Paragraph T.2.C.,above. 3.The Contractor shall comply with the nonexpendable personal property requirements as stated below: a.All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Contractor and shall include a description of the property;location;model number,manufacturer's serial number;date of acquisition;funding source;unit cost at the time of acquisition;present market value;property inventory number;information on its condition;and information on transfer, replacement or disposition of the property. b.All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be (inventoried annually bythe Contractor andaninventoryreportshall 'be submitted to OCED.The inventory report shall include the elements listed in Paragraph T.3.a.,above. c.Title (ownership)to all nonexpendable personal property purchased in whole or in part with funds given to the Contractor pursuant to the terms of this contract shall vest in the County and OCED. 4.The Contractor shall obtain prior written approval from OCED for the disposition of real property,expendable personal property,and nonexpendable personal property purchased in whole or in part with funds given to the Contractor or subcontractor pursuant to the terms of this contract.The Contractor shall dispose of all such property in accordance with instructions from OCED.Those instructions may require the return of all such property to OCED. U.Program Income 1.Program income as defined in 24 CFR Part 570.500 means gross income received by the Contractor 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.If the Contractor generates program income,the Contractor may retain the program income and use itfor costs that arein addition to the approved costs of this contract,provided that such costs specifically further the objectives of this contract.These additional costs need not be of a kind that would be permissible as charges to this contract.However,the Contractor 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 Contractor shall comply with the program income provisions in OCED's Contract Compliance Manual.If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract,the provisions of this contract shall rule. 19 b.i ne Contractor shall report to OCED all Cu.nulative program income generated from activities financed in whole or in part by funds from this contract.This information must be submitted quarterly as part of the Fiscal Section of the Contractor's Progress Report as outlined in Section II,Paragraph D.2.a. c.The Contractor 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 Contractor 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. e.Subject to the limitations set forth in this paragraph,the Contractor may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et.seq. f.Program income from a revolving loan activity must be used only for the same revolving loan activity. g.Program income from a revolving loan activity,such as loan repayments,interest earned,late fees,and investment income,shall be substantially disbursed to eligible loans,ioan-reiated programmatic costs,and operational costs for the same revolving loan activity before the Contractor may request additional CDBG funds for that activity. h.All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities,and to cover operational costs before requesting additional CDBG funds. i.Any proceeds from the sale of property as detailed in Section II, Paragraph T.4.,above,shall be considered program income. j.The Contractor shall obtain,as part of the required audit report, vajidation byacertifiedauditor of allprogram generated income and its disposition. 3.Upon expiration or termination of this contract or at the end of any program year,the Contractor shall transfer to the County any program income funds on hand,and any program income accounts receivable to any CDBG funded activities.OCED may require remittance of allorpart of any program income balances (including investments thereof)held by the Contractor (except those needed for immediate cash needs,cash balances of revolving loan fund,cash balances froma lump sum drawdown,or cash or investments held for Section 108 security needs). 4.OCED,inits sole and absolute discretion,reserves the right to pursue other courses of action in the retention and use of program income generated by the Contractor,and such action shall not requirean amendment to this contract V.Travel The Contractor shall comply with the County's travel policies.Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual. 20 W.Subcontracts and Assignments 1.Unless otherwise specified in this contract the Contractor shall not subcontract any portion of the work without the prior written consent of the County.Subcontracting without theprior consent of the County may result in termination of the contract for breach.When Subcontracting is allowed, the Contractor shall comply with County Resolution No.1634-93,Section 10-34 of theCountyCodeand Section 2-8.8 of the County Code.The Contractor shall ensure that all subcontracts and assignments: a.Comply with all requirements and regulations specified in OCED's Contract Compliance Manual b.Identify the full,correct,and legal name of the party; c.Describe the activities to be performed; d.Present a complete and accurate breakdown of its price component; e.Incorporate a provision requiring compliance with all applicable 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; f.Result from an open competitive bid process generating a minimum of three bids.Such competitive process shall be described in writing,approved by the Board of Directors and a copy of which submitted to OCED.In such circumstances that open,competitive bids are not feasible or that a minimum of three bids are unobtainable,permission to use other methods of award must be requested in writing and approved by OCED prior to the assignment or award of subcontract The Contractor agrees that no assignment or sub-contract will be made or let in connection with the Agreement without the prior written approval of OCED,which approval shall not be unreasonably withheld,and that all such sub contractors or assignees shall be governed by the terms and intent of this Agreement. g.Incorporate the language of Attachment E,"Certification Regarding Lobbying."♦ 2.The Contractor shall incorporate inall consultant subcontracts this additional provision: The Contractor 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 Contractor.The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 21 3.The C ractor shall be responsible form toring 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 Contractor shall receive from OCED written prior approval for any subcontract 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 to the subcontractor. 5.The Contractor shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forthin this contract or the right to receive benefits or payments resulting from this contract. 6.Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon in 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 Contractor shall provide the names of the subcontractors and suppliers to OCED. 8.The Contractor agrees that it will not change or substitute subcontractors or suppliers from the list without prior written approval from OCED. X.Additional Funding The Contractor 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 Contractor's notification by the funding source. Y.Method of Payment The Contractor shall be paid as described below: 1.The Contractor shall be paid for those expenses allowed pursuant to the provisions provided below only when the Contractor submits to OCED adequate proof,as determined by OCED in its sole discretion,that the Contractor has incurred the expenditures.It shall be presumed that the Contractor has provided adequate proof of having incurred expenses if the Contractor submits to OCED canceled checks or original invoices approved by the Contractor's authorized representative.When original documents cannot be presented,the Contractor must adequately justify their absence in writing and furnish copies of those documents to OCED.The Contractor 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 (reimbursement)shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Contractor must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred.Failure to comply will result in rejection of invoices. 3.In no event shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder,nor shall the Contractor advance CDBG funds to any party. 22 *B«!kJ,^nder.tuetelmsofH"scontra^-»y be withheld pending Cn„^P f aP^a'by OCED of a"reDOrts and documents which the£?.,£?',S reqU'red '°SUbm,t to OCED Puraua"*t°We terms of thiscontractoranyamendmentsthereto. 5.All payments will be limited to the quarterly payment schedule that accompan.es the action step chart in the scopes of service and payment iscontingentontheachievementbytheContractoroftheqTarterty accomplishment levels Identified in the scope of services portion of thistow^h,"Attac.hment "*"The D'"«*>r or his designee has th7au°ho5towaivethisrequirementathisdiscretion. 6.No payment(s)will be made without evidence of appropriate insurancerequiredbythiscontractSuchevidencemustbeonL'w^oced an~ the County's Risk Management Division.OCED must receive the final request for payment from the Contractor no more than thirty (30)calendar days after the expiration or termination of this contract If the Contractor SI ??TE'X^th,s "V*™-*.*e Contractor will forfeit all rights topayments)if OCED,initssole discretion,so chooses. 7*^LT^f8 Pa!d,to'<he Contractor which have not been used to retireoutstandingobligationsofthiscontractmustberefundedtoOCEDin accordance with OCED's ContractCompliance Manual. 8.Any unexpended funds remaining after the completion of the services LTSS^SSr'after terminafion of thfe ""^sha""•^^^ Z.Reversion of Assets ♦wf ^"^ctor shall return to OCED,upon the assets owned or held as a result of ^SS^f Udir9'b,UL.n0t ,,mfted to a°y ta*on hand'any JSSunteexpirationorterminationofthiscontract,all receivable attributable to these fund? SndfTS;^IeS;an,f 0thfr CO,lateral and any inpayments due to unearned^k...f°!?dlsa,,owed Pursua"*to the terms of this contract that weref2totheContractorbytheCounty.The Contractor shall within thirty daysofexpirationorterminationofthiscontractexecuteanyandalldocumentsasrequiredbytheCountytoeffectuatethereversionofassete.Any funds noTeamedasdescribedandprovidedforinOMBA-122,by the Contirt^pSirSexpirationorterminationofthiscontractshallberetainedbyOCED III.The County Agrees: Subject to the availability of funds,to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed 95000. IV.The Contractor and OCED Agree: A Effective Date This contract shall begin on January 1.2004.Any costs incurred by the Contractor prior to this date will not be reimbursed by the County. This contract shall expire on December 31.2004.Any costs incurred by the Contractor beyond this date will not be reimbursed by the County The term of this agreement and the provisions herein shall be extended to cover l"y %ti!°nral tlme peri0d during whlcn the Contractor remains in control ofJSpSPr.w «°T °ther asseste,including program income to supportCDBGeligibleactivites. 1. 2. 23 3.This a /act may,at the sole and absolute dk etion of the County and OCED,remain in effect during any period that the Contractor has control over contract funds,including program income.However,the County shall have no obligation or responsibility to make any payment,except those described within Section II,Paragraph Y,or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. B.Suspension 1.OCED may,for reasonable causes,temporarily suspend the Contractor's operations and authority to obligate funds under this contract or withhold payments to the Contractor pending necessary corrective action by the Contractor or both.Reasonable cause shall be determined by OCED,inits sole and absolute discretion,and may include: a.Ineffective or improper use of these contract funds bythe Contractor or any of its subcontractors; b.Failure by the Contractor to materially comply with any termor provision of this contract; c.Failure by the Contractor to submit any documents required by this contract;or d.The Contractor's submittal of incorrect or incomplete reportsor other required documents. 2.In the event of adefaultbytheContractor,OCED may at any time suspend the Contractor's authority to obligate funds,withhold payments or both. Theseactionsmayapplytoonlypartor ail oftheactivitiesfundedbythis contract. 3.OCED willnotifythe Contractor ofthetypeofactiontobetakeninwriting bycertifiedmail,returnreceipt requested,orin person withproofof 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 Contractor reasonable opportunity to rectify any action or inaction referenced above. C.Termination 1.Termination at Will Thiscontract,inwholeorin part,maybeterminatedby OCED uponnoless than ten (10)working days notice when OCED determines that it would be in the best interest of OCED andthe County.Said notice shall be delivered bycertifiedmail,return receiptrequested,orinpersonwithproofof delivery. 2.Termination for Convenience OCED mayterminatethis contract,inwhole part,whenboth parties agree that the continuation ofthe activities would not produce beneficial results commensurate withthefurther expenditure of funds.Both partiesshall agreeupontheterminationconditions.OCED,atits sole discretion, reservestherightto terminate thiscontractwithoutcauseuponthirty (30) days written notice.Upon receipt of such notice,the Contractor shall not Incur any additional costsunderthis contract.OCED shallbe liable only forreasonable costs incurred bytheContractorpriortonoticeof termination.OCEDshallbe the sole judge of "reasonable costs." 24 3.Termirt ->n Because of Lack of Funds In the event ofafundingshort-fall,orareductioninfederal appropriations, or should fundstofinancethiscontract become unavailable,OCED may terminate thiscontractuponno less than twenty-four (24)hours written notificationtotheContractor.Saidnoticeshallbedeliveredbycertified mail,returnreceiptrequested,orinpersonwithproof of delivery.OCED shall be the final authority to determine whether or not funds are available. OCED mayatitsdiscretionterminate,renegotiateand/or adjust the contract award whichever isin 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 Contractor through Board of County Commissioners'action,the Contractor may,atits discretion,request in writing from the Director of OCEDa release fromits contractual obligations to the County.The Director of OCEDwill review the effect of the request on the community and the County prior to making afinal determination. 5.Termination for Breach OCED may terminate this contract,in whole orinpart,when OCED determines,in its sole and absolute discretion,that the Contractor is not making sufficient progress thereby endangering ultimate contract performance,oris not materially complying with any term or prevision of this contract. Unless the Contractor's breachis waived by OCED inwriting,OCEDmay, by written notice to the Contractor,terminate this contract upon no less than twenty-four (24)hours notice.Said notice shall be delivered by certified mail,return receipt requested,orin person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract The provisions herein do not limit OCED's right to legal or equitable remedies. 6.Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County,Section 2-8.4.1,any individual or corporation or other entity that attempts to meet its contractual obligations with the .County through fraud,misrepresentation ormaterial misstatement,'shall have its contract with the County terminated,whenever practicable,as determined by the County.The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County.Such individual or entity shall be responsible forall direct and indirect costs associated with such termination or cancellation,including attorney's fees.The foregoing notwithstanding,any individual or entity who attempts to meet it contractual obligations with the County through fraud,misrepresentation or material misstatement may be disbarred from County contracting for up to five (5)years. 7.Payment Settlement If termination occurs,the Contractor 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 25 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 ifOCED determines,in its sole and absolute discretion, 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 areavailable due tofederal,state and/or County revisions of any applicable laws or regulations,or increases in budget allocations. E.Right to Waive OCED may,for good and sufficient cause,as determined by OCEDin its sole and absolute discretion,waive provisions in this contract or seek to obtain such waiver from the appropriate authority.Waiver requests from the Contractor 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 onany one occasion,shall not constitute a waiver of such rights or provisiononanyotheroccasion.No failure ordelayby OCED inthe exercise of any right shall operate as a waiver. F.Budget Revisions and Changes to the CDBGEligibility Activity Title 1.Revisions totheBudget (Attachment B)shallbe requested inwritingand 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. 2.Budget Revisions Through County Resolution Should a portion of the funding allocation to the Contractor be rescinded by action from the Board of County Commissioners,written notification via certified mailto the Contractor advising of the funding reduction shall be sent by OCED no later than 5 working days of the action;written notification will constitute a contract amendment.The Contractor will have fiveworkingdaysupon receipt of certified returnreceipt 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 resubmittaloftheScopeofService(AttachmentA).Revisions tothe Scope of Services,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 objectivesareclassifiedasnotedintheScopeofServicesshallnot require a contract amendment. G.Disputes In the event an unresolved dispute exists between the Contractorand OCED,OCED shallreferthequestions,including theviewsof all interestedpartiesandthe recommendation of OCED,totheCounty Manager for determination.TheCounty Manager,or an authorized representative,will issuea determination within thirty (30)calendardaysofreceiptandsoadvise OCED and the Contractor,orinthe event additional timeis necessary,OCED will notifythe Contractor within thethirty (30)dayperiodthat additional timeis necessary.TheContractoragreesthatthe County Manager'sdeterminationshallbe final andbindingonallparties. H.Headings 26 The section and paragraph headings in this contract are inserted for convenience only and shall not affect inanyway the meaning or interpretation of this contract. I.Minority Participation in order togain greater Black business participation,the Contractor may submit its contracts totheCounty Manager forbiddingandawardin accordance withCounty policies and procedures. J.Proceedings This contract shall be construed in accordance with the laws of the State of Florida andany proceedings arisingbetweentheparties,inany manner pertaining or relating to this contract,shall,tothe extent permitted bylaw,beheldinMiami- Dade County,Florida. K.Independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order 3-20,the Contractor is aware that the County has the rightto retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"),whenever the County deems it appropriate to do so.Upon written notice from the County,the Contractor shall make available to the IPSIG retained by the County,all requested records and documentation pertaining to this Agreement for inspection and reproduction.The County shall be responsible for the payment of these IPSIG services,and under no circumstance shall the Contractor's pricesandany changes thereto approved by the County,be inclusive of any charges relating to these IPSIG services.The terms of this provision herein,applyto the Contractor,its officers,agents,employees, subcontractors and assignees.Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations,activities and performance of the Contractor in connection with this Agreement.The terms ofthisArticle shall not impose any liabilityon the County by the Contractor or any third party. L.Notice and Contact OCED's representative for this contract is Richard Hoberman.The Contractor's representative forthiscontractis Silvia Jarquin.The Contractor's principal officeisat 6130 SUNSET DR,SMIAMI,FL 33143. In the event that different representatives are designated by either party after this contract is executed,or the Contractor changes its address,notice of the name of the new representative or new address willbe 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 Contractor's assignee,the name and address of the official payee is:N/A N.Waiver of Trial Neither the Contractor,subcontractor,nor any other person liable for the responsibilities,obligations,services and representations herein,nor any assignee,successor,heir or personal representative of the Contractor, 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 Contractor,subcontractor,nor 27 any such pers .or entity will seek to consolidate any ,,h action in which ajury trialhas been waived.The provisions of this paragraph have been fully discussed bythepartieshereto,andtheprovisionshereofshallbe subject tono exceptions. Noparty has in any way agreed withor represented to any other partythatthe provisions of this paragraph will not be fully enforced inall instances. O.Assignment The Contractorshall not assign,transfer,hypothecate or otherwise dispose of this contract,including any rights,titleor interest therein,orits power to execute such contract to any person,company or corporation without the prior written consent of the County. P.All Terms and Conditions included: Thiscontractandits attachments asreferenced (Attachment A-Scope of Services; Attachment A1-Action Steps;Attachment B-Budget;Attachment B-1 Idemnification andInsuranceRequirements;Attachment C-Progress Report; Attachment D-Information for Environmental Review;Attachment E-Certification Regarding Lobbying;AttachmentF-Publicity,AdvertisementsandSignage) contain all the terms and conditions agreed upon by the parties. 28 IN WITNESS THEREOF,the parties hereto have caused this twenty fline (29)page con executed by their undersigned officials as duly authorized,this $<ffY day of mAt/C, CONTRACTOR: City of South Miami Maria Davis TITLE:city Manager <C,•£*0/*t b. DATE: BY: NAME TITLE: DATE 7 "Z^f-(>*/• Witnesses: BY: (Signature) Type or Print Name BY: (Signature) Type or Print Name Federal ID Number:59-6000431 Resolution #: Contractor's FiscalYearEndingDate:_ CORPORATE SEAL: f MIAMI-DADE COUNTY £,*Hv£BY: NAME: George M.Burgess TITLE:County Manager TITLE:Clerk,Board of County Commissioners CONTRACT ISNOTVALIDUNTILSIGNEDANDDATED BY BOTHPARTIES 29 0«B»OOff- ProjectID/" LocalID 0006 4010SMIAMI U.S.DepartmentofHousing&UrbanDevelopment CPDConsolidatedPlan ListingofProposedProjects ProjectIitle/Priority/ Objective/DescriptionriuuMatrixuode/Title/hunaingsources Citation/Accomplishments CITYOFS.MIAMICHURCHSTREET,59PLIMPMTS03KStreetImprovements Infrastructure CDBG ESG HOME HOPWA TOTAL TotalOtherFunding £nA9?JPW!!S!?3-ReconstructionofChurchStreet,SW58 ESS™0^6451-T0SW70ST-t0enhanceth aestheticqualityofandfunctionofthestreetby providingwidesidewalks,streettreesandother pedestrianamenities. 570.201(c) 6216People(General) HelptheHomeless? HelpthosewithHIVorAIDS? Eligibility: Subrecipient: No No StartDate:01/01/04 CompletionDate:12/31/04 570.208(a)(1)-Low/ModArea LocalGovernment Addresses Y3g-0'> $95,000 $0 $0 $0 $95,000 $0 1 S T 2 N D 4 T H A G E N C Y NA M E : AC T I V I T Y : FU N D I N G SO U R C E : AM O U N T : TO T A L A C T I V I T Y CO S T S : TO T A L AV A I L A B L E FU N D I N G (A L L SO U R C E S ) : AC C O M P L I S H M E N T U N I T S : TY P E : N. S T E P CA T E G O R Y AL L PR E R E Q U I S I T E FE D E R A L & LO C A L A P P R O V A L S H A V E B E E N OB T A I N E D IN PH A S E I OF T H I S AC T I V I T Y F U N D E D IN FY 0 3 SU B M I T CH A N G E OR D E R R E Q U E S T T O O C E D i; - "/. ' • • ; • .- ' • ' • . , . ' / . ; . ^ - OB T A I N CH A N G E OR D E R AP P R O V A L F R O M O C E D CO M P L E T E DE S I G N WO R K CO M M E N C E C O N S T R U C T I O N CO M P L E T E 25 % O F CO N S T R U C T I O N :. - . : .•• - • ' • ' ' ' • : • • '" : ^• • . : - ••:• - ••• • • - - ; _ CO M P L E T E 1 0 0 % O F CO N S T R U C T I O N IN C L U D I N G LI G H T PO L E S . LA N D S C A P I N G & S T R E E T FU R N I T U R E SU B M I T FI N A L RE I M B U R S E M E N T TO OC E D NO LA T E R TH A N JA N 31 . 2 0 0 5 * Uh St K V I C E S FO R CO N S T R U C T I O N . RE H A Q I L I T A T I O N . HO U S I N G . AN D AD M I N I S T R A T I V E CO S T S ;A P P R O V E D . a " CI T Y O F S O U T H MI A M I RE C O N S T R U C T I O N OF CH U R C H ST R E E T . PH A S E II C D B G 2 0 0 4 $9 5 , 0 0 0 $9 5 , 0 0 0 , 82 1 6 | P E O P L E CU M U L A T I V E P E R C E N T A G E CO M P L E T I O N AP P R O V E D '• ' . cu m u l a t i v e ' •; ' • q u a r t e r l y . . ' s e r v i c e U n i t s ; AP P R O V E D - ^C U M U L A T I V E PR O J E C T E D PA Y M E N T LE V E L - AP P R O V E D AT T A C H M E N T "A " AC T U A L QU A R T E R L Y AC C O M P L I S H M E N T S ^ CU M M U L A T I V E ' : - •'C U M M U L A T I V E • CU M M U L A T I V E PE R C E N T A G E O F ' CO M P L E T I O N •S E R V I C E UN I T S .R E I M B U R S E M E N T S •• • • : : : ; . x - - - ^ : •• m k — — — - — - - ••• • • • • • • • • -• ! - , .m o o — „,, : • , • • . - . . , . , , , / : CITY OF SOUTH MIAMI FY04 CDBG CHURCH STREET PHASE II SUMMARY BUDGET ATTACHMENT B I.PERSONNEL SERVICES $4,000 II.CONTRACTUAL SERVICES -0- III.OPERATING EXPENSES -0- IV.COMMODITIES -0- V.CAPITAL OUTLAY 91,000 TOTAL $95,000 ATTACHMENT B CITYOF SOUTH MIAIW,INC CDBG FY 2004 RECONSTRUCTIONOF CHURCH STREETSW59TH PLACE-IMPROVEWENTS DETAIL BUDGET January 1.2004 thruDecember 31,2004 PP Non-OCED OCED Total OCED Total All Sources 4010 PERSONNEL-Employee * Regular-Salan** PubliJlWorks Director 0 2.000.00 2,000 2,000 Chief*'-countant 0 1,000.00 1,000 1.000 Gran*Administrator 0 1,000.00 1,000 1,000 Sub-^tal Salaries 0 4,000.00 4,000 4,000 4010 FrtnA Benefits FICAgsalaryX7.65%)0 0.00 0 0 Sub-fatal Fringe 0 0.00 0 0 Tota(B*ersonnBl 0 4,000.00 4,000 4,000 Contjpctual Services 21011 Exterlal Audit 0 0.00 0 0 21012 Environmental Audit 0 0.00 0 0 21030 OtheSProfessional-Svc Const Mgmt 0 0.00 0 0 21030 OthejProfessional Svc 0 0.00 0 0 22350 Bottl*Water 0 0.00 0 0 25330 Rentftopier 0 0.00 0 0 25511 Buifdjig Rental 0 0.00 0 0 TotafContractual 0 0.00 0 0 Opetoting Expenses 31011 Telephone Regular 0 0.00 0 0 31011 TeleJione Long Distance 0 0.00 0 0 31610 Postfte 0 0.00 0 0 31420 Adve&sing Radio 0 0.00 0 0 Totagpperating Expenses 0 0.00 0 0 Conmiodltfes . 31510 OutsE©Printing 0 0.00 0 0 95020 Cornfiuter Purchase 0 0.00 0 0 47010 Office Supplies/Outside Vendors 0 0.00 0 0 Totafcommodities 0 0.00 0 0 Cap&l Outlay 90 Conduction 91,000.00 0 91,000 0 0.00 0 0 Tota^Capital Outlay 0 91,000.00 91.000P 91,000 TOTAL BUDgpT 0|95,000!95.000 95,000 ATTACHMENT B-_INDEMNIFICATION AND INSURANCE^QIJIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor sMl f emnify ^bu^^^^instrumentalities from any ^Bntobtafil^^^^taUties may incur as aresult of claims,demands,suits,causes of «f7"P^^^4 Contractor or its employees,agents,or resulting from the performance of this Aff»emem oy d losses fa ^ecuonservants,partners principals or subcontractors ^a^^WJ^^or aatm -m me nametherewithandshallinvestigateanddefendalldauns*£pactions y judgments,andoftheCounty,where applicable,mcludmg appetoe V™£^££LiB £J agrees ^any insuranceattorney's fees which may issue thereon."^"J Contractor shall in no way limit the agents and instrumentalities as herein provided. below: t ««-f^*n pmnlovees ofthe Contractor as required byA.Worker's Compensation Insurance for all employees 01 mc ^ FloridaStatute440. per occurrence for bodily injury and property damage. The policy shall be in the name of Miami-Dade and the Contractor. v Pmfessional Liability Insurance in the name of design professional for this project,in anE'^SSHSSSofiM with the deductible per claim,if any,not to exceed 10K of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws ofthe State ofFlorida,with the following qualifications: pushed £ZmL Best CompanVoidwick,New Jersey,or its equivalent,subject to the approval ofthe County Risk Management Division. or \ *e State of Florida Dep^£w££D°„BUSineSS *FIorida"^5GuarantyFund,*m MJ1181"^and are members of the Florida •Certificates will indicate no modifi «advance notice to the certificate hold*"^*^"^^shaU be ^«without thirty (30)days in