Res. No. 004-06-12145RESOLUTION NO.04-06-12145
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY
MANAGER TO EXECUTE CONTRACT AMENDMENT NUMBER ONE
WITH MIAMI-DADE COUNTY OFFICE COMMUNITY AND ECONOMIC
DEVELOPMENT FOR A TIME EXTENSION OF SIX MONTHS FROM
DECEMBER 31,2005 TO JUNE 30,2006 FOR THE FY 2005 COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG)IN THE AMOUNT OF $100,000
FOR CHURCH STREET IMPROVEMENT PHASE 2;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,onApril 4,2005,theMayorandCityCommissionreceivedadditionalCDBG
grantfundsfortheChurchStreet Improvements (PhaseII)fromthe Miami-Dade CountyOffice of
CommunityandEconomicDevelopment(OCED)intheamount of $100,000;and
WHEREAS,thegrantagreementhadDecember 31,2005asthecompletiondateforthe
project;and
WHEREAS,astheprojectwasintendedtohave twelve monthsfor completion;and
WHEREAS,asa result of delays with the county in executing the grant agreement
documents,andasa result of evenfurtherdelaysdueto the impact of an unusually activeand
disruptivehurricaneseason,theCitywasunabletoexpendgrantfundsbythecompletiondate of
December 31,2005;and
WHEREAS,itis necessary to extendthe contract completion date another six(6)months
from December 31,2005toJune30,2006,in order to complete the project andcomply with the
funding requirements;and
WHEREAS,the City has contacted the County (OCED)to obtain an extension onthe
completion date for another six months,and OCED has agreed to honor the request following the
receipt of an approved resolution bythe City Commission.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1:Theabove "Whereas Clauses"are incorporated by reference into thisresolution.
Section 2:The City wishes to extend the completion date for FY 2005 CDBG contract for
Church Street by six months from December 31,2005 to June 30,2006.
Section 3;The Mayor and City Commission authorize the City Manager to execute contract
amendmentnumberonefor FY 2005agreementwithMiami Dade County's Office of Community
andEconomic Development.Thecontractisattachedand incorporated byreferenceintothis
resolution as Exhibit 1.
Section 4:This Resolution shallbeeffective immediately upon adoption.
2005 CDBG Time Extension Resolution Page 1 of 2
Pg.2 of Res.No.04-06-12145
ll(PASSED AND ADOPTED this //_j day of {.h^Ui^Ui ,2006.
APPROVED:ATTEST:
o^A nJ
CltY clerk
•/U£Z^
READ AND APPROVED AS TO FORM:COMMISSION VOTE:5-0
MayorRussell:Yea
ViceMayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
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2005 CDBG Time Extension Resolution Page 2 of 2
v SouthMiami
BKK9E3ES
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:Honorable Mayor,Vice Mayor &Date:January /1,2006
City Commission
aFrom:Maria V.Davis ij &A1 /tj1f<'Agenda ltem *-
City Manager f^t*llfsJO^Authorizing the CityManager to
tzs'execute time extension contract
amendment one with Miami-Dade County
Office of Community and Economic
Development FY 2005
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT
AMENDMENT NUMBER ONE WITH MIAMI-DADE COUNTY OFFICE OF COMMUNITY
AND ECONOMIC DEVELOPMENT FOR A TIME EXTENSION OF SIX MONTHS FROM
DECEMBER 31,2005 TO JUNE 30,2006 FOR THE FY 2005 COMMUNITY
DEVELOPMENT BLOCKGRANT (CDBG)IN THEAMOUNT OF $100,000 FOR CHURCH
STREET IMPROVEMENT PHASE 2;PROVIDING AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS:
Miami-Dade County Office of Community and Economic Development (OCED)awarded a
$100,000 grant to the City earlier this year making the announcement in January fora
twelve month period.However,due to contract execution delays by the County,the grant
agreement documents were not finalized and received until July 2005.These delays
coupled with an unusually active and disruptive hurricane season led to delays in having
the project get started and underway.Due to these delays,OCED has agreed to amend
the agreement by extending the funding period and completion date from December 31,
2005 to June 30,2006.Thus,ensuring enough time to complete the project and
drawdown all grant funds.
RECOMMENDATION:
Itis recommended that the City Commission approve the attached resolution.
ATTACHMENTS):
o Proposed Resolution
o OCED 12-20-2005 correspondence re:extension request
oFY 2005 OCED Contract Agreement
o Approved Resolution 47-05-12026
MVDNSRVJR
C:\Documents and SettfngsUrevekrtMy Oocuments\Agemfa HenjslComm Memo-OCED Time BttBnstJon2005.doc
2001
1'
•I-A
MIAMI-DADE
140 W.FLAGLER STREET,SUITE 1000
MIAMI,FL 33130-1561
December 20,2005
OpRCE OF COMMUNITY AND
ECONOMIC DEVELOPMENT
Acting Director's Office
PHONE:305-375-3422
FAX:305-375-3428
smu@miamidade.gov
www.miamidade.gov/ced/
Ms.Joanna Revelo
Grants Administrator
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
Dear Ms.Revelo:
Re:FY04 CDBG Contract -$95,000
FY05 CDBG Contract -$100,000
We have reviewed yourrecentletterto extend thecontract completion datesforthe two above
identified contracts from December 31,2005toJune 30,2006.Itis noted that $1,511 has been
drawn down on the fiscalyear2004contractand$902has been drawn down onthefiscalyear
2005contract.Your request isapproved subject tothe submission of a revised scope of services
toreflectthe new time period,and if appropriate,arevisedbudget.Inaddition,a City of South
Miami Resolution authorizing the amendments to the two contracts isalsorequired.Please
submit the first two items within two weeks and the resolution no later than January 16,2006.
Every effort shouldbemadetodrawdownthesefundsassoonaspracticable.Thiscourse of
action will prevent the recapture of theaward.
Please contact yourcontracts officer,Richard Hoberman,at 305-375-3472 if you have any
questions.
Zafar^AJpiied,Director
Community Development Division
ZA/RH
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/\LCC a-21-of
RESOLUTION NO.47-05-1202-6
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO
EXECUTE A GRANT AGREEMENT WITH MIAMI-DADE COUNTY FORTHE
CHURCH STREET IMPROVEMENTS -PHASE II;GRANT AWARD OF $100,000
THROUGHTHE OFFICE OF COMMUNITY &ECONOMIC DEVELOPMENT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission wish to accept FY 2005 grant funds from the
Miami-Dade County Office of Community &Economic Development and;
WHEREAS,the grant will partially fund the Church Street Improvements Phase II,and;
WHEREAS,the Mayor and City Commission authorize the City Manager to execute the grant
contract for FY 2005 Community Development Block Grant (CDBG)with Miami-Dade County Office
of Community&Economic Development.
NOWTHEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1:The city wishes to accept the FY 2005 CDBG from Miami Dade County Office of
Community&Economic Development.
Section2;That the Mayor and City Commission authorize the City Manager to execute theFY
2005 grant contract with Miami-Dade County Office of Community Development.
Section 3:Thisresolutionshallbeeffective immediately uponadoption.
APPROVED:
Maria Menenc
READ AND APPROVED AS TO FORM:
ATTORNEY
Glut
ATTEST:
Russeli^Mayor
Commission Vote:4 "'
Mayor Russell:Yea
ViceMayorPalmer:Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:NaY
CDBG FY 2005 ?
Non-Profit ).1
FY 2005 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 nonprofitorganization,hereinafterreferredtoasthe
"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 regulations implementing Title I of the Housing
and Community Development Act of 1974,as amended
-Community Development Block Grant
A local agency that is organized to meet community
development needs with particular emphasis on the
economic development,housing and revitalization
needs of low-and moderate-income area residents and
which is receptive to the needs expressed by the
community.
A member of low-and moderate-income family i.e.,a
family whose income is within specified income limits
set forth by U.S.HUD.
Any and all books,records,documents,information,
data,papers,letters,materials,electronic storage data
and media whether written,printed,electronic or
electrical,however collected,preserved,produced,
developed,maintained,completed,received or
compiled by or at the direction of the Contractor or any
subcontractor in carrying out the duties and
obligations required by the terms of this contract,
including but not limited to financial books and
records,ledgers,drawings,maps,pamphlets,designs,
electronic tapes,computer drives and diskettes or
surveys.
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.
A public agency or nonprofit organization selected by
the County to administer all or a portion of the
County's CDBG program.
Recipient of CDBG funds from Miami Dade County
8 \
II.The Contractor Agn :/
A.The Contractor shall carry out the activities specified in Attachment A,"Scope of
Services,"in the County or the focus area(s)of Dade.
B.Idemnification and Insurance Requirements
The Contractor shall comply with the idemnification and insurance requirements
outlined in Attachment B-1 of this agreement.All certificates and insurance
updates must identify the names of the Contractor and the activity being funded
through this agreement.The Contractor must maintain continuous insurance
coverage for the duration of the contract period.
CONTRACTOR LIABILITY OBLIGATION
Compliance with the requirements in Attachment B-1 shall not relieve the
Contractor of his liability and obligation under this subsection or under any
subsection of this contract.The contract is contingent upon receipt of the
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 of the deficiency and shall have an additional
five(5)calendar days to submit a corrected certificate to the County.
If the Contractor fails to submit the required insurance documents in the manner
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.
The Contractor shall submit all required insurance documents to the Office of
Community Development,140West Flagler,10th Floor,Suite 1000,Miami,FL 33130.
Any changes to the required insurance policies,including coverage renewals,must
be submitted toOCED immediately upon occurrence throughout the contract
period.
CERTIFICATE OF CONTINUITY
The Contractor shall be responsible for ensuring that the 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 scheduled to expire during the contract period,the Contractor shall
be responsible for submitting new or renewed insurance certificates to the County
at a minimum of thirty (30)calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed
certificates that cover the contract period,the County shall suspend the contract
until the new or renewed certificates are received by the County in the manner
prescribed in the requirements;provided,however,that this suspended period
does not exceed thirty(30)calendar days.If such suspension exceeds thirty (30)
calendar days,the County may,at its sole discretion,terminate the contract for
cause.
Prior to execution of the contract by the County and commencement of the
contracted services,the Contractor shall obtain all insurance required under this
Section and submit same to the County for approval.All insurance shall be
maintained throughout the term of the contract.
C.Indemnification
The Contrac^^s shall indemnify and hold harmless *'"?County and its officers,
employees,ants and instrumentalities from any id all liability,losses or
damages,including attorneys'fees and costs of defense,which the County or its
officers,employees,agents or instrumentalities may incur as a result of claims,
demands,suits,causes of actions or proceedings of any kind or nature arising out
of,relating to or resulting from the performance of this Agreement by the
Contractor or its employees,agents,servants,partners principals or
subcontractors.The Contractor shall pay all claims and losses in connection
therewith and shall investigate and defend all claims,suits or actions of any kind
or nature in the name of the County,where applicable,including appellate
proceedings,and shall pay all costs,judgments,and attorney's fees which may
issue thereon.The Contractor expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the
Contractor shall in no way limit the responsibility to indemnify,keep and save
harmless and defend the County or its officers,employees,agents and
instrumentalities as herein provided.
D.Documents
The Contractor shall submit documents to OCED as described below or any other
document in whatever form,manner,or frequency as prescribed byOCED.These
will be used for monitoring progress,performance,and compliance with this
contract and for compliance with applicable County and Federal requirements.
1.Certificates of Insurance -originaltobe received by OCED within the
first month of this contract period,and submitted with each
payment request,including any renewals,prior to payments made by
the County.
2.Progress Reports
a.The Contractor shall submit a status report using the form attached
hereto as Attachment C,"Progress Report,"as it may be revised by
OCED,which shall describe the progress made by the Contractor in
achieving each of the objectives and action steps identified in
Attachment A,"Scope of Services."
The Contractor shall ensure that OCED receives each report in
triplicate (or as indicated)no later than April 11,2005,July 11,2005,
October 10,2005 and January 11,2006.
^Quarterly Reporting when Subcontractors are Utilized
Contractors are advised that when subcontractors or
subconsultants are utilized to fulfill the terms and conditions of this
contract,Miami-Dade County Resolution No.1634-93 will apply to
this contract.This resolution requires the selected Contractors to
file quarterly reports as to the amount of contract monies received
from the County and the amounts thereof that have been paid by
the contractor directly to Black,Hispanic and Women-Owned
businesses performing part of the contract work.
Additionally,the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt of
such monies.For purposes of applicability,the requirements of
this resolution shall bein addition to any other reporting
requirements required by law,ordinance or administrative order.
The Contractor shall submitto OCEC cumulativeaccount of its
activities under this agreement by completing the following
portions of the Progress Report Form:
Section I -Status of Contracted Activities:
The Contractor must report specific information regarding the
statusofthe contracted activities,including accomplishments
and/or delays encountered during the implementation ofthe project
and an unduplicated count of clients served during the reporting
period (if applicable)for each federally defined ethnic category.
Contractors engaged in construction and/or housing rehabilitation
projects shall report onthe progress of their activities including the
numberof housing units completed andoccupiedby low-moderate
and low income residents.The Contractor shall also report
demographic information on each head of household.Each goal
and corresponding objective(s),as indicated inthe approved Scope
of Services,mustbe addressed as part ofthis report.
Section II-Fiscal Information:
The Contractor mustreportexpenditureinformationbasedon
approved budgeted line items to reflect all costs incurred during the
reporting period.In addition,the Contractor shall report on Program
Income Usage foreach contracted activity.
Section III -Minority Business Enterprise:
Minority Business Enterprise Report (First and Third Quarter
Progress Report)-The Contractor shallreportto OCED thenumber
of business activities involving minority vendors,including
subcontractors performing workunderthisAgreementThe
"Minority Business Enterprise Report"Section in Attachment C,and
whenapplicableSection3in the same Attachment shallbe
completed semiannually by the Contractor and submitted toOCED
nolaterthanApril 11,2005 andOctober 10,2005.
Section IV -Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report)-The Contractor shall report to OCED the
number of targetand service area residents who have received
employment opportunities from federally financedand assisted
projects and activities.
The Neighborhood Employment Opportunities Report shall be
submitted usingtheProgressReport Form attachedheretoasa
SectioninAttachmentC,asitmayberevised.This section of the
form shallbe completedsemiannually bythe Contractor and
submitted to OCED nolaterthanApril 11,2005and October 10.
2005.
The Contractor shall submit tothe County,in a timely manner,any
other information deemed necessarybythe County,andits
presentationshallcomplywiththeformat specified at the time of
therequest Failure tosubmitthe Progress Reportsorother
information ina manner satisfactory totheCountybytheduedate•
shallrenderthe Contractor in noncompliance withthisArticle.The
County may require the Contractor to forfeit its claim to payment
requests ortheCountymayinvoke the terminationprovisionin this
/-'*
.Contract by givingfive days written tice of such action to be
taken.
c.Unspecified Site(s)Objective -If the Contractor hasnotyet
identifiedalocationtocarry out any of the activities described in
Attachment A,the Contractor shall submit,in triplicate,Progress
Reports,usingthe form attachedheretoas part of Attachment C,on
amonthlybasisuntil such timeastheContractorcomplieswiththe
provisionscontainedwithinSection II,Paragraph D.4.ofthis
contract Copies of theabovedescribedProgressReportshallbe
received by OCED no later than thetenth (10th)businessdayof
each month and shall address the progress undertaken bythe
Contractor during the previous month.This Progress Report shall
notbe required ifthe Contractor is submitting the Progress Reports
required bySection II,Paragraph D.2.a and Paragraph D.3.
3-Annual Report (Fourth Quarter Progress Report)-The Contractor shall
submita cumulative statusreport (hereinafter referred toas "Annual
Report")using the "Progress Report"specified in Section II,Paragraph
D.2.a.above,which shall describe the progress madebythe 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 1,2005 through December 31,2005 and shall be received by OCED
no later than January 10,2006.
4-Environmental Review -The Contractor immediately upon locating or
determining asite for each ofthe "Unspecified Site**activities tobe carried
out pursuant tothis contract,shallsubmit information detailing the location
of each site for which a Site Environmental Conditions Statement,wiir be
preparedasdescribedinArticle II,Section E.5.of this contractas set forth
below.The Environmental Review istobe prepared on information
containedinAttachment D,"Information for Environmental Review Form."
Notwithstanding anv provision of this Agreement,the partiesheretoaoree
andacknowledgethatthisAgreementdoesnot constitute acommitment of
fundsorsite approval,andthat such commitment of fundsor approval mav
occur only upon satisfactory completion of environmental review and
receiptby Rhe participating jurisdiction,of arelease of fundsfromtheU.S.
Department of Housing and Urban Developmentunder24CFR Part 58.
Thepartiesfurtheragreethattheprovision of anvfundstotheprojectis
conditionedonthe fpartlcipating jurisdictions!determinationtoproceed
with,modify orcanceltheproject based on the results of a subsequent
environmental review.
5.Audit Report -The Contractor shall submit to OCED an annual audit report
in triplicate as required by Section II,Paragraph Kof this contract,asset
forth below.The Contractor shallsubmita written statement from its
auditing firm to confirm that ithas cleared any non-compliance issues
statedinthe audit,anda written statement from the Auditor thatthe audit
complies with all applicable provisions of24 CFR Part 84.26,Part 85.26 and
OMB A-133.
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
policies and procedures,personnel management,accounting policies and
procedures,etc.Such information shallbesubmittedto OCED within 30
days of the execution of this contract.
7.Inventory Report -The Contractor shall report annually all nonexpendable
personal and real property purchasedwith CDBG funds from thisand
5
prevs agreements withtheCountyas spe 3d in Section II,Paragraph
T of uiis contract.
8-Affirmative Action Plan -The Contractor shallreportto OCED information
relativetotheequality of employment opportunities whenever so requested
by OCED.
E.Participationin the CDBGProgram
1.TheContractorshallmaintaincurrent documentation thatits activities meet
one of the three (3)CDBG national objectives:
a.To benefit low-and moderate-income persons;
b.Toaidinthe prevention or elimination ofslumsor blight;
c.Tomeetcommunitydevelopmentneedshavinga particular
urgency.
2.For activitiesdesignedtomeetthe national objective of benefitto low-and
moderate-income persons,the Contractor shall ensure and maintain
documentation that conclusively demonstratesthateachactivityassisted
inwholeorin part with CDBG fundsisanactivitywhichprovidesbenefitto
no less than51%of low-and moderate-Income persons.
3.TheContractorshallcomplywithallapplicableprovisions of 24CFRPart
570andshall carry outeachactivityincompliancewithallapplicable
federal laws and regulations described therein.If the Contractor is a
primarily religiousentity,itshall comply withall provisions of 24CFR
570.200 (j).
4.TheContractoragreesto comply with(a)the UniformRelocation
Assistance andRealProperty Acquisition Policies Act of 1970,as amended
(URA),and implementing regulations at49CFRPart24 and 24CFR
570.606(b):(b)therequirements of 24CFR 570.606(c)governingthe
Residential Antidisplacement andRelocation Assistance plan under section
104(d)ofthe HCD Act;and (c)the requirements in 570.606(d)governing
optional relocation policies.(TheCountymay preemept theoptional
policies).The Contractor shallprovide relocation assistance to persons
(families,individuals,businesses,non-profit organizations and farms)that
are displaced asadirect result of acquisition,rehabilitaion,demolition or
conversion fora CDBG assisted project TheContractoralsoagreesto
comply with applicable Countyordinances,resolutionsandpolicies
concerning the displacement of persons from their residences.
5.For each activity orportion of activity described in Attachment A hereto for
whichalocationhasnotyetbeenidentified,the Contractorshallobtain,
immediately aftera site is identified by the Contractor,OCED's written
environmental clearance statementandshallagreeinwritingtocomply
with any and all requirements as may be set forth in the Site Environmental
Clearance Statement.
6.The Contractor shallcooperatewith OCED ininformingthe appropriate
CDBG citizen participation structures,including the appropriatearea
committees,of the activities of the Contractor in adhering to the provisions
of thiscontract.Representatives of theContractorshallattend meetings of
the appropriate committees andcitizen participation structures,upon the
request of thecitizen participation officers,OCED,orthe County.
7.The Contractor shall make a good faith effort to address the concerns of
the residents of the affected area.TheContractorshall cooperate with
6
OCF 71 informing the appropriate CDBG ci'n participation structures,
inclu_.ng the appropriate area committees,ofthe activities ofthe
Contractor in adhering to the provisions of this contract.Representatives
of the Contractor shall attend meetings ofthe appropriate committees and
citizen participation structures,upon the request ofthe citizen participation
officers,OCED,ortheCounty.
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 ofOCED prior to relocating
evacuating,and/or dispersing any and all legal occupants who reside at
this property on the basis ofa long or short term lease.When the legality
of an occupant (individual,family,business,and/or industry)is in question,
the Contractor shall contact the above mentioned unit prior to making a
determination.Contractors receiving CDBG funds shall adhere to 24 CFR
part 50 and/or part 58 and tothe rules and regulations ofthe Uniform
Relocation Assistance and Real Property Acquisition Act of 1970.as
amended.
9 The Contractor shall adopt Affirmative Marketing Procedures and
requirements for CDBG assisted projects.These procedures must consist
of actions to provide information and attract eligible persons from all racial,
ethnic and gender groups tothe available services.The Contractor shall
annually assessits affirmative marketing program to determine ifthe
procedures usedto comply with the requirements specified in Public Law
88-352 and Public Law 90-284 successfully meet these requirements.The
Contractor shall submit to OCED its Affirmative Marketing Plan no later
than60days from thedatethisAgreementisexecuted.
10.For any Housing activities,the Contractor shall successfully complete the
Community Development coursework conducted bythe Local Initiatives
Support Corporation,which will be held at Florida International University
throughout the current contract period.The Contractor shall provide
written notification to OCED,no later than30 days upon completion ofthe
coursework.This requirement maybewaivedfor Contractors who
demonstrate knowledge of real estate development and organizational
managementtheoryasdeterminedby OCED inits sole discretion.OCED
shall consider such waiver upon receipt ofthe written request bythe
Contractor.
F.Lobbying Prohibition
1.The Contractor shall certify that no federal appropriated funds have been
paid or will be paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee ofany agency,
a Member of Congress,an officer or employee of Congress,or an employee
ofa Member of Congress in connection with the awarding of any federal
Agreement,the making ofany federal grant,the making of any federal loan,
the entering into of any cooperative Agreement,and the extension,'
continuation,renewal,amendment,or modification of any federal
Agreement,grant,loan,orcooperative Agreement
2.The Contractor shall disclose to OCED ifany funds other than federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,
a Member of Congress,an officer or employee of Congress,or an employee
ofa Member of Congress in connection with this federal Agreement,grant,
loan,or cooperative Agreement,ona Standard Form-LLL,"Disclosure Form
toReport Lobbying,*'inaccordancewithits instructions.
3.The contractor shall ensure that the language in this Section II,Paragraph
F.I.and F.2 beincludedinthe award documents for all subawardsatall
tiers (including subcontracts,subgrants,and Agreements under grants,
loans,and cooperative Agreements)and to ensure that all subrecipients
shall certify and disclose accordingly in connection with this activity.
G.Federal,State,andCountyLawsand Regulations
1.The Contractor shall comply with applicable provisions of applicable
federal,state,and County laws,regulations,and rules including OMB
A-122,OMB A-110,OMB A-21,OMB A-133,and with the applicable
procedures specified in OCED's ContractCompliance Manual,whichare
incorporated herein by reference,receipt of which is hereby acknowledged,
and as they may be revised.
2.The Contractor shall comply with Section 504 ofthe Rehabilitation Actof
1973,as amended,which prohibits discrimination onthe basis of handicap;
Title VI ofthe Civil Rights Actof 1964,as amended,which prohibits
discrimination on the basis of race,color,or national origin;the Age
Discrimination Actof 1975,as amended,which prohibits discrimination on
the basis of age;Title VIII ofthe Civil Rights Actof 1968,as amended,and
Executive Order 11063 which prohibits discrimination in housing on the
basis of race,color,religion,sex,or national origin;Executive Order 11246,
as amended which requires equal employment opportunity;and with the
Energy Policy,amended and Conservation Act (Pub.L 94-163)which
requires mandatory standards and policies relating to energy efficiency.
The Provider alsoagreestocomplywiththe Domestic Violence Leave
codified as 11A-60 et seq.of the Miami-Dade County Code,which requires
an employer,who in the regular course of business has fifty (50)or more
employees working in Miami-Dade County for each working day during
each oftwenty (20)or more calendar work weeksto provide domestic
violence leave to its employees.Failure to comply with this local law may
be grounds for voiding or terminating this Agreement or for
commencement of debarment proceedings against theProvider.
3.If the amount payable tothe Contractor pursuant tothe terms ofthis
contract isinexcessof $100,000,the Contractor shall comply with all
applicable standards,orders,or regulations,issued pursuant to Section
306 ofthe Clean Air Actof 1970 (42 U.S.C.1857 h),as amended;the Federal
Water Pollution Control Act (33 U.S.C.1251),as amended;Section 508 of
the Clean Water Act (33 U.S.C.1368);Environmental Protection Agency
regulations (40CFRPart15);and Executive Order11738.
4-Assurance of Compliance with Section 504 ofthe Rehabilitation Act -The
Contractor shall report its compliance with Section 504 ofthe Rehabilitation
Actwhenever so requestedby OCED.
5-Americans with Disabilities Act (ADA)of 1990 -The Contractor shall attest
to;and submit the required Disability Non-discrimination Affidavit assuring
compliancewithall applicable requirements of thelawslistedbelow
including but not limited to,those provisions pertaining to employment,
provisions and program services,transportation,communications,access
to facilities,renovations,and new construction.
6*Affirmative Action/Non-Discrimination ofEmployment Promotion,and
Procurement Practices (Ordinance #98-30).All firms with annual gross
revenuesin excess of$5 million,seekingtocontractwith Miami-Dade
County shall,asa condition of award,havea written Affirmative Action
Plan and Procurement Policy on file with the County's Department of
8
Busr is DevelopmentSaid firms must als .ubmit,asa part oftheir
prop^^aIs/bids tobe filed withthe Clerk of i..e Board,an appropriately
completedandsigned Affirmative Action Plan/Procurement Policy Affidavit
Firms whose Boards of Directors are representative ofthe population
make-upofthenationareexempt from thisrequirementand must submit,
in writing,a detailed listing oftheir Boards of Directors,showingthe race
orethnicity of eachboardmember,tothe County's Department of Business
Development.Firms claiming exemptionmustsubmit,asa part oftheir
proposals/bids tobe filed withthe Clerk ofthe Board,an appropriately
completed and signed Exemption Affidavit in accordance with Ordinance
98-30.These submittals shallbe subject toperiodic reviews to assure that
theentitiesdonot discriminate intheiremploymentand procurement
practices against minorities and women-owned businesses.
It will bethe responsibility ofeach firm to provide verification of their gross
annualrevenuestodeterminetherequirementforcompliancewiththe
Ordinance.Those firms thatdonotexceed$5 million annual gross
revenues must clearly state so in their bid/proposal.
Any bidder/respondent which doesnot provide an affirmative action plan
and procurement policy maynotbe recommended bytheCounty Manager
forawardby the Board of County Commissioners.
7»Domestic Violence Leave Affidavit:Prior to entering intoany contract with
the County,a firm desiring todobusinesswiththeCounty shall,asa
condition of award,certifythatitisin compliance with the Domestic Leave
Ordinance,99-5 andSection 11A-60 ofthe Miami-Dade County Code.This
Ordinance appliestoemployersthathave,inthe regular courseof
business,fifty (50)ormoreemployees working in Miami Dade County for
each workingdayduringeach of twenty (20)or more calendar work weeks
in the current or preceding calendar year.In accordance with Resolution R-
185-00,the obligation to provide domesticviolence leave toemployees
shallbeacontractualobligation.The County shallnot enter intoa contract
with anyfirm that has not certified its compliance with the Domestic Leave
Ordinance.Failure tocomplywiththerequirementsofResolution R-185-00,
aswellastheDomesticLeave Ordinance mayresultinthecontractbeing
declared void,thecontractbeing terminated and/or the firm being
debarred.
8.Codeof Business Ethics:In accordancewithSection 2-8.1(1)oftheCode
of Miami-Dade County each person or entitiy that seeks todo business with
Miami-Dade County shall adopt a Code of Business Ethics ("Code")and
shall,prior to execution of anv contract between the contractor and the
County,submit an affidavit stating that the contractor has adopted a Code
that complies with the requirements of Section 2-8.1(1)of the Miami-Dade
County Code (Form A-12).Anv person or entity that fails to submit the
required affidavit shall be ineligible for contract award.
9.Public Entity Crimes:Pursuant toSection 287.133(2)(a)of the Florida
Statutes,a person oraffiliatewho has beenplacedon the convicted vendor
listfollowingaconvictionforapublicentitycrimemaynot submit a
contract toprovideany goods or services toapublicentity,may not submit
acontractwithapublicentityforthe construction orrepair of apublic
building orpublicwork,maynotsubmitleasesof real property toapublic
entity,maynotbe awarded or perform workasacontractor,supplier,
subcontractor,orconsultantunderacontractwithanypublicentity,and
may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes,for CATEGORY
TWO ($10,000)fora period of36months from thedateofbeing placed on
the convicted vendor list.
If any attest'•,firm,orany owner,subsidiary,orothe ;m affiliated with or related
to the attesu.g firm,is found by the responsible enfo,cement agency,the Courts
orthe County tobe in violation ofthe Acts,the County will conduct no further
business with such attesting firm.Any contract entered into based upon a false
affidavit,as listed below,and submitted pursuant tothis resolution shall be
voidable by the County:
1.Miami-Dade County Ownership Disclosure Affidavit
2..Miami-Dade Employment Family Leave Affidavit
3.Miami-Dade Employment Drug-Free Workplace Affidavit
4.Miami-Dade EmploymentDisclosureAffidavit
5.Disability Nondiscrimination Affidavit
6.Criminal Record Affidavit
7.Public Entity Crime Affidavit
8.Related-Party Disclosure Information
9.Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees
or Taxes
10.Affirmative Action Affidavits
11.Current on all County Contracts,Loans,and Other
Obligations Affidavit
12.Project Fresh Start Affidavit
13.Domestic Violence Leave Affidavit
14.Code of Business Ethics Affidavit
15.Financial andConflicts of InterestAffidavit
If any attesting firm violates any of the Acts below during the term of any contract
such firm has with the County,such contract shall be voidable by the County,even
ifthe attesting firm was not in violation atthe time it submitted its affidavit
The applicable Acts are as follows:
1.The Americans with Disabilities Act of 1990 (ADA),Pub.L.101-336,104 Stat
327,42 U.S.C.12101-12213 and 47 U.S.C.Sections 225 and 611 including
Title I,Employment;Title II,Public Services;Title III,Public
Accommodations and Services Operated by Private Entities;Title IV,
Telecommunications;and Title V,Miscellaneous Provisions.
2.The Rehabilitation Act of 1973,29 U.S.C.Section 794;
3.The Federal Transit Act,as amended 49 U.S.C.Section 1612;
4.The Fair Housing Act as amended,42 U.S.C.Section 3601-3631.
H.ConflictswithApplicableLaws
Jf 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
consistent with the law or regulation or to be deleted if modification is impossible.
However,the obligations under this contract,as modified,shall continue and all
otherprovisionsofthis contract shall remain In full force and effect
I.Board of Directors
If the Contractor is a Community Development Corporation (CDC),OCED shall
have the option to appoint a representative to the Contractor's board of directors.
This representative shall not be considered in the counting ofa quorum and shall
have no voting privileges.
J.Construction
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If the Contr *>r engages in,procures,or makes loar for construction work,the
Contractors*.all:
1.Contact the OCED representative noted in Section IV,Paragraph K of this
contract,prior to taking any action,to schedule a meeting to receive
compliance information.
2.Comply with the 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 and Safety Standards Act;and Lead-Based Paint Poisoning
Prevention Act as amended on September 15,1999;and other related acts,
as applicable.
4.Submit to OCED for written approval all proposed Solicitation Notices,
Invitations for Bids,and Requests for Proposals prior to publication.
5.Submit to OCED all construction plans and specifications and receive
OCED's approval prior to implementation.
6.Contact the OCED representative noted in Section IV,Paragraph K,prior to
scheduling a pre-construction conference.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 OMB A-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.
11
)
4.If an dit is required by Paragraph Kofthisc ract,butthe requirements
of Ou.o A-133 donotapplyorarenotelected,*ne Contractor may choose
to have an audit performed either on the basis of the Contractor's fiscal
year or on the basis of the period during which OCED-federal assistance
hasbeenreceived.In eithercase,eachauditshallcoveratime period of
notmorethantwelve (12)months andanauditshallbe submitted covering
each assisted period until all the assistance received from this contract has
been reported on.Each audit shall adhere toall other audit standards of
OMB A-133,as these maybe limited tocoveronly those services
undertakenpursuanttothetermsofthis contract Acopyoftheaudit
reportin triplicate must be received by OCED nolater than six months
following each audit period.
5.The Contractor shall maintain all Contract Records in accordance with
generally accepted accounting principles,procedures,andpracticeswhich
shallsufficientlyand properly reflect all revenuesand expenditures of
fundsprovideddirectlyor indirectly bytheCountypursuanttothe terms of
this contract
6.The Contractor shall maintain all Contract Records that document all
actions undertaken to accomplish the "Scope of Services"outlinedin
Attachment A in this contract.
7.The Contractor shall ensure that the Contract Records shall be atall times
subjecttoand available for full accessand review,inspection,orauditby
County and federal personnel and any other personnel duly authorized by
the County.
8.The Contractor shallincludein all OCED approved subcontracts used to
engage subcontractors tocarryoutanyeligible substantive programmatic
services,assuchservicesare described inthis contract and defined by
OCED,eachof the record-keepingandauditrequirementsdetailedinthis
contract OCED shall,inits sole discretion,determine when services are
eligible substantive programmatic servicesandsubjecttotheauditand
record-keeping requirements described above.
9.TheCounty reserves the righttorequiretheContractorto submit toan
audit by Audit and Management Services or other auditor ofthe County's
choosingatthe Contractor's expense.The Contractor shall provide access
to all ofits records,which relate directly or indirectly tothisAgreementat
itsplace of business duringregular business hours.TheContractorshall
retain all records pertaining tothis Agreement anduponrequestmakethem
available totheCounty for three years following expiration ofthe
Agreement.The Contractor agrees to provide such assistance as may be
necessaryto facilitate the review orauditbytheCountytoensure
compliance with applicable accounting andfinancial standards.
10.TheContractorshall ensure thatitsauditorssharetheirauditresultswith
OCED.This will includetheir completion ofthe monitoring instrumentat
thetimethattheagency undergoes its annual audit or reduced scopeaudit
The auditors mustsubmitthe completed monitoring instrumentandthe
auditreporttoOCED within six months after the conclusion of the audit
period.
L.Retention of Records
1.The Contractor shall retain all Contract Records fora period of atleastfive
(5)years (hereinafter referred toas "Retention Period")subjecttothe
limitations set forth below:
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a.Forall non-CDBG assisted activities le Retention Period shall
begin upon the expiration or termination of this contract
b.ForCDBG assisted public service activities,the Retention Period
shallbeginuponthedate of U.S.HUD's acceptance of OCED's
annual GranteePerformance Report for the yearin which the
activityis reported ascompleted.Foreachpublicservice activity,
the Contractor must retain allcontractrecordsexceptthose relating
torealand nonexpendable personal property.
c.Forall other CDBG assisted activities,the Retention Period shall
begin upon U.S.HUD's acceptance of OCED's annual Grantee
Performance Reportinwhicheach assisted activityisreportedon
forthe final time.For all the CDBG assisted activities coveredby
this Section II,Paragraph L.1.c,the Contractor must retain all
contract records except those relatingtorealand nonexpendable
personal property.
d.Forall CDBG assisted activities,the Retention Periodforall
contractrecords relating to real and nonexpendable personal
propertyshallbeginupon the date of thefinaldispositionofthe
property.
2.Ifthe County orthe Contractor have received or given notice ofany kind
indicating any threatened or pending litigation,claim or audit arising outof
theservicesprovidedpursuanttotheterms of thiscontract,theRetention
Period shall be extended until suchtimeasthe threatened or pending
litigation,claim or audit is,inthesoleandabsolute discretion of OCED,
fully,completely andfinally resolved.
3.The Contractor shall allow the County,federal personnel,or any person
authorized bythe County full accesstoandthe right to examine anyofthe
contract records during the required Retention Period.
4.The Contractor shall notify OCED in writing,both during the pendency of
this contract and after its expiration as part ofthe final closeout procedure,
of the address where all contract records will be retained.
5.The Contractor shall obtain written approval of OCED prior to disposing of
any contract records within one year after expiration of the Retention
Period.
M.Provision of Records
1.The Contractor shall provide to OCED,uponrequest,allcontract 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
purposeofthiscontractThese unlimited rightsshallincludethe rights to
royalty-fees;nonexclusive,and irrevocable licenseto reproduce,publish,
or otherwise use,and to authorize otherstouse,the information for public
purposes.
2.If the Contractor receives funds from,oris under regulatory control of,
other governmental agencies,and those agencies issue monitoring reports,
regulatoryexaminations,orothersimilarreports,the Contractor shall
provideacopyofeach report andany follow-up communicationsand
reports to OCED immediately upon such issuance unless such disclosure
isa violation ofthe rules or policies ofthe regulatory agencies issuing the
reports.
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3-MJAr DADE COUNTY INSPECTOR GENERAL 'VIEW
According to Section 2-1076 ofthe Code of Miami-Dade County,as
amendedby Ordinance No.99-63,Miami-Dade County has established the
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
shallbeone quarter (1/4)ofone (1)percentofthetotalcontractamount
whichcostshallbe included inthetotalproposed amount.Theaudit cost
will be deducted bythe County from progress payments totheselected
Contractor.The audit cost shall also be included in all change orders and
all contract renewals and extensions.
Exception:The above application ofone quarter (1/4)ofone percent fee
assessment shallnot apply tothe following contracts:(a)IPSIG contracts;
(b)contracts for legal services;(c)contracts for financial advisory services;
(d)auditing contracts;(e)facility rentals and lease agreements;(f)
concessions and other rental agreements;(g)insurance contracts;(h)
revenue-generating contracts;(I)contracts wherean IPSIG isassignedat
the time the contract is approved bythe Commission;(j)professional
service agreements under $1,000;(k)management agreements;(I)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 theinclusion of thefee
assessment of one Quarter(1/4)of one percent in any exempted contract at
the time ofaward.
Nothing contained above shall in any way limit the powers ofthe Inspector
General to perform audits on all County contracts including,butnot limited
to,those contracts specifically exempted above.
N.Prior Approval
The Contractor shall obtain written approval from OCED prior to undertaking any of
the following:
1.The engagement or execution of any subcontract(s)or contract
assignments,wherein CDBG funds will beusedto pay for goods or
services.The contractor mustsubmit all proposed agreement documents
.to OCED at least thirty (30)days prior tothestart date ofthe agreement
Under no circumstances shall OCED approve payment of any expenditure
(resulting from an agreement or subcontract)which was incurred prior to
the approvalby OCED of such agreement or subcontract.
2.The addition of any positions not specifically listed in the approved
budget
3.The modification or addition of all job descriptions.
4.The purchase of all nonexpendable personal property not specifically listed
in the approved budget
5.The disposition of all real,expendable personal,and nonexpendable
personalpropertyasdefinedinSection II,Paragraph T.1.ofthis contract
6.Out-of-town travel not specifically listed inthe approved budget.
7.The disposition of program income not specifically listed in the approved
program income budget
14
8.The,ublication of proposedSolicitation Noti^s,InvitationsforBidsand
Requestsfor Proposals as provided forinSection II,Paragraph Jofthis
contract.
9.The disposal of all contract records as provided for in 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,andservicesofthe
Contractor which are in any way connected tothe activities undertaken pursuant to
the terms of this contract,and/or to interview any clients,employees,
subcontractors,or assignees ofthe Contractor.Following such inspection or
interviews,OCED will deliver tothe Contractor a report ofits findings,and the
Contractor will rectify all deficiencies cited by OCED within the specified period of
timeset forth in the report,or provide OCED with a reasonable justification for not
correctingthedeficiencies.OCED willdetermine,inits sole and absolute
discretion,whether ornotthe Contractor's justification is acceptable orifthe
Contractor must,despite the justification,rectify the deficiencies cited by OCED in
its report.
P.Conflict of Interest
The Contractor agrees to abide bythe provisions of 24 CFR 84.42 (24 CFR Part
85.36 for Public Agencies)and 24 CFR 570.611 with respect to conflicts of interest,
and covenants that it presently has no financial interest and shall not acquire any
financial interest,direct or indirect,which would conflict in any manner or degree
withthe performance ofservices requried underthisAgreementThe Contractor
further covenants that in the performance of this Agreement no person having
sucha financial interest shall be employed or retained bythe Contractor
hereunder.These conflict of interest provisions apply to any person who is an
employee,agent,consultant,officer,or elected official or appointed official ofthe
County,orof any designated public agencies or subrecipients which are receiving
fundsunderthe CDBG Entitlement program.
The Contractor shall disclose any possible conflicts of interest or apparent
improprieties ofany party that are coveredbytheabove standards.The Contractor
shall makesuch disclosure in writing to OCED immediately upon the Contractor's
discovery of such possible conflict.OCED will then render an opinion which shall
be binding on all parties.
The Contractor shall submit to OCED all updated Conflict of Interest affidavits,
Related Party Disclosure statements,listof current Board members,andlistof all
business associationswiththe following documents:
>Original contractorits subsequent amendments.
>Requests for budget revisions.
>Requestsfor approval ofsubcontracts.
Non-compliance with the above requirements will be considered a breach of
contract,which will result inthe immediate termination oftheagreementthe
recovery ofthe entire funding award,and the disqualification of funding through
OCEDforaperiod of three years.
Q.Related Parties
The Contractor shall report to OCED the name,purpose,and any other relevant
information in connection with any related party transaction.This includes,but is
not limited to,a for-profit or nonprofit subsidiary or affiliate organization,an
15
organizatio /ith overlapping boards of directors,£;an organization for which
the Contractor is responsible for 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
quarterlyintherequiredProgressReport.
The Contractor shall submit to OCED all updated Conflict of Interest affidavits,
Related Party Disclosure statements,list of current Board members,and list of all
businessassociationswiththe following documents:
>Original contractorits subsequent amendments.
>Requests for budget revisions.
>Requestsfor approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of
contract,which will result in the immediate termination ofthe agreement,the
recovery ofthe entire funding award,and the disqualification of funding through
OCED foraperiod of threeyears.
R.Publicity,Advertisements and Signage
1.The Contractor shall ensure that all publicity,public relations,
advertisements and signs,recognizes the Miami-Dade Office of Community
and Economic Development (OCED)and the Community Development
Block Grant (CDBG)for thesupportof all contracted activities.Thisisto
include,but is not limited to,all posted signs,pamphlets,wall plaques,
cornerstones,dedications,notices,flyers,brochures,news releases,media
packages,promotions,and stationery.All signsusedto publicize OCED
contracted activities mustbe approved by OCED prior to being posted and
must also meetthe standard specifications as established by OCED.The
useofthe official Miami Dade OCED logois permissible.
2.The Contractor shall furnish,erect and maintain,construction signs in
accordance with sketch included in these contract documents.The signs
shall be made of %inch thick marine plywood,newly painted and lettered
according to the accompanying sketch.
The signs shall be painted and lettered in accordance with professional
outdoor sign painting standards as to layout symmetry,proportion,clarity
andneatnessanduseof weather-resistant colorsand materials.The
Contractor shall place the signs,securely braced and mounted,as shown
on the typical project sign placement diagram oras directed bythe
engineer.All materials shall be provided by the Contractor and the signs
shall remain inthe property ofthe Owner atthe completion ofthe contract
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE
SECURED IN PLACE.THE SIGNS SHALL BE IN ACCORDANCE WITH THE
DETAIL SHOWN IN ATTACHMENT F.For this project signs will be required.
Payment for furnishing,installing and maintaining thesign shall be under
the bid amount for mobilization.
S.Procurement
The Contractor must take affirmative steps to procure supplies,equipment,
construction,or services to fulfill this contract from minority and women's
businesses,and to provide these sources the maximum feasible opportunity to
compete forsubcontractstobe procured pursuanttothis contract To the
maximum extent feasible,these businesses shall be located in or owned by
residents ofthe Community Development areas designated by OCED in the CDBG
application approved bythe supervising federal agency.
The Contractor shall assure that all subcontracts orthird party agreements contain
provisions with stated goals,that low-income residents from Community
16
Developmer Target and Service Areasbeprov 1 with opportunities for
employment «rid training in contracted activities.
1.In conformance with Section 3ofthe Housing and Community Development Act
of 1968,the Contractor must direct federal financing assistance towards Target
Area residents andensurethat employment and economic opportunities be given
to low andvery low-Income persons,particularly thosewho are recipients of
government assistance for housing according to the guidelines mentioned below:
A.The work tobe performed under this contract issubjecttothe
requirements ofsection3ofthe Housing and Urban Development Actof
1968,asamended,12 U.S.C.170lu (section3).Thepurposeofsection3is
toensurethat employment andothereconomic opportunities generated by
HUD assistanceor HUD-assisted projects coveredbysection3,shall,to
the greatest extent feasible,be directed to low-andvery low-income
persons,particularly persons who are recipients of HUD assistance for
housing.
B.The parties tothis contract agree to comply with HUD's regulations in24
CFR part 135,which implement section3.Asevidencedbytheirexecution
ofthis contract,the parties tothis contract certify thatthey are underno
contractual orother impediment thatwould 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 hasa collective bargaining agreement
orother understanding,if any,anotice advising the labor organization or
workers'representative of the contractor's commitments underthis section
3 clause,and will post copies ofthenoticein conspicuous places atthe
work site where both employees and applicants for training and
employment positions can see thenotice.Thenoticeshalldescribe 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 ofthe person(s)taking
applications for eachofthe positions;andthe anticipated datethework
shall begin.
D.The contractor agrees to include this section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135,and agrees to
take appropriate action,as provided inan applicable provision ofthe
subcontract orinthis section 3 clause,upon a finding thatthe
subcontractor isin violation ofthe regulations in24 CFR part 135.The
contractorwillnotsubcontractwithanysubcontractorwherethe
contractor hasnoticeorknowledgethat the subcontractor has been found
inviolation of theregulationsin24CFRpart135.
E.The contractor will certify that any vacant employment positions,including
training positions,thatare filled (1)afterthecontractorisselectedbut
beforethecontractisexecuted,and (2)withpersonsotherthanthoseto
whom the regulations of 24 CFR part 135 require employment opportunities
tobe directed,werenot filled to circumvent the contractor's obligations
under 24 CFR part 135.
F.Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions,terminationofthiscontractfordefault,anddebarmentor
suspension from future HUD assisted contracts.
G.Withrespecttowork performed inconnectionwithsection3covered
Indian housingassistance,section7(b)of the Indian Seif-Determination
and Education Assistance Act (25 U.S.C.450e)also applies tothe work to
be performed under this contract.Section 7(b)requires that tothe greatest
17
1
extf feasible (i)preference and opportunitie r training and employment
shak ^e 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 3to
the maximum extent feasible,but not in derogation of compliance with
section 7(b).
H-Fair SubcontractingPolicies(Ordinance 97-351
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 ofthe
opportunitytobeawardedasubcontract;
b)invites local subcontractors to submit bids/proposals in a practical
expedient way;*
c)provides local subcontractors access to information necessary to
prepare and formulate a subcontracting bid/proposal;
d)allows local subcontractors to meet with appropriate personnel of the
Contractor todiscussthe Contractor's requirements;and
e)awards subcontracts based on full and complete consideration of all
submitted proposals andin accordance with the Contractor's stated
objectives.
All Contractors seeking to contract with the County shall,asa 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 bythe 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
contractor subcontract willbeperformed.
The term "subcontractor"means a business independent ofa Contractor
thatmay agree with the Contractor to perform a portion ofa contract.
The term "subcontract"means an agreement between a Contractor and a
subcontractor to perform a portion ofa 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.
b.Personal Property:Personal property of any kind except real
property.
1)Tangible:All personal property having physical existence.
2)Intangible:All personal property having no physical
existencesuchas patents,inventions,andcopyrights.
18
c..Nonexpendable Personal Property:1 jible personal property ofa
nonconsumable nature,with a value of $750 or more per item,with
a normal expected life of one or more years,not fixed in place,and
not an integral part ofa structure,facility or another piece of
equipment.
Expendable Personal Property:All tangible personal property other
than nonexpendable property.
d.
2'below°ntraCt0r Sha"C°mP,y WltH thG real property requirements as stated
a.
b.
c.
Any real property under the Contractor's control that was acquired
or improved in whole or in part with CDBG funds received from
OCED in excess of $25,000 shallbeeither:
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 OCED in its
sole andabsolute discretion;or
2)Not used to meet one of the three (3)CDBG National
Objectives.In the event the property isnotusedto 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 OCED an amount equal tothe market value ofthe
property asmaybe determined by OCED initssole 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.
Any real property under the Contractor's control that was acquired
£JnnnrOVe.^n*°T '"Paft Wlth CDBG *"**om OCED for$25 000 or less shall be disposed of,at the expiration or termination
of this contract,in accordance with instructions from OCED.
All real property purchased in whole or in part with funds from this
and previous contracts with OCED,or transferred to the Contractor
!?e»u r9 p"rPha?ed in who,e or in part with funds from OCED,shall be listed in the property records of the Contractor and shall
include a legal description;size;date ofacquisition;value at time of
acquisition;present market value;present condition;address or
location;owner's name if different from the Contractor;information
whifi?transfer™^Position of the property;and map indicating
sU^^nT^5 mPr;Ce,S'IOtS'°r b,°cks and showln9 ad*«*rSstreetsandroads.The property records shall describe the
wf^T Anf JIrpOS.e f°r Whlch the Pr°Perty was acquired andidentifytheCDBGnationalobjectivethatwillbemetIftheproperty
was improved the records shall describe the programmatic
?nRrSe *°r ^'J?ih-e lmprovemente were made and identify theCDBGnationalobjectivethatwillbemet
d.All real property shall be inventoried annually by the
P0^!™,0101"and an lnventory report shall be submittedtoOCED.This report shall include the elements listed
in Paragraph T.2.c,above.
19
e.County may require Co ictor to give a mortgage on
all real property acquired orimproved in whole in part
with CDBG fundstoensure compliance withthe
terms of this Agreement.Contractorshall execute
any mortgage required bythe County and pay any
costs associated with recording and perfecting said
mortgage.
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 ofthe Contractor and shall include a
description ofthe property;location;model number;manufacturer's
serial number;date of acquisition;funding source;unit costatthe
time of acquisition;present market value;property inventory
number;information on its condition;and information on transfer,
replacement,or disposition ofthe property.
b.All nonexpendable personal property purchased in whole or in part
with funds from this and previous contracts with OCED shall be
inventoried annually by the Contractor and an inventory report shall
be submitted to OCED.The inventory report shall include the
elementslistedin 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.
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 tothe Contractor or subcontractor pursuant tothe terms ofthis
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.
4.
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 it for costs that are in addition to the approved
costs of this contract,provided that such costs specifically further the
objectives ofthis contract.These additional costs need notbeofa 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
°CEP,S Contract Compliance Manual if any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions ofthis contract,the provisions ofthis
contract shall rule.
20
b.The Contractor shall report to OCED ah cumulative program income
generatedfromactivitiesfinancedinwholeorinpartbyfundsfrom
this contract This information,along with a check payable to
Miami-Dade County for the generated program income,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 incomeforaslongasit
receivesand/orhascontrolover program incomegeneratedfrom
this and any previous contracts with OCED.
d.The Contractor shall provide to OCED a written explanation ofthe
activities tobe assisted withprogram income and shall obtain
OCED's writtenapprovalpriortoimplementing those activities.All
provisionsofthiscontractshallapplytoanyactivity performed
using program income.
e.Subject tothelimitations set forthinthis paragraph,theContractor
may use program incometofundany CDBG eligibleactivityas
providedforanddefinedby24CFRPart570 etseq.
f.Program income from a revolving loan activity mustbeusedonly
for the same revolving loan activity.
g.Program incomefromarevolvingloanactivity,such asloan
repayments,interest earned,latefees,and investment income,shall
be substantially disbursed to eligible loans,loan-related
programmatic costs,and operational costs forthe same revolving
loan activity before the Contractor may request additional CDBG
funds for that activity.
h.Allprogram income from nonrevolving loan activities shallbe
substantially disbursed tocarryout other OCED approved CDBG
eligible activities,andtocover operational costs beforerequesting
additional CDBG funds.
I.Anyproceeds from thesale of propertyasdetailedinSection II,
ParagraphT.4.,above,shallbe considered program income.
j.The Contractor shallobtain,aspart of therequiredaudit report,
validation by acertified auditor of allprogram generated income
and its disposition.
3.Uponexpirationor termination ofthiscontractorattheend of any program
year,the Contractorshall transfer to the County anyprogram income funds
onhand,andany program income accounts receivabletoany CDBG
funded activities.OCED may require remittance of all or part ofany
program income balances(including investments thereof)heldby the
Contractor (except those needed for immediate cash needs,cash balances
of revolvingloanfund,cash balancesfromalump sum drawdown,or cash
or investments held for Section 108 security needs).
4.OCED,initssoleandabsolutediscretion,reservestherighttopursue
other courses of actionintheretentionand use of programincome
generatedbythe Contractor,and such actionshall not requirean
amendment to this contract
V.Travel
21
The Contra*-'t shall comply with the County's trave'olicies.Documentation of
travel expei.,s shall conform to the requirements of s.JED's Contract Compliance
Manual.
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 withouttheprior consent oftheCountymayresult
interminationof the contract forbreach.When Subcontracting isallowed,
the Contractor shall complywithCounty Resolution No.1634-93,Section
10-34oftheCountyCodeandSection2-8.8of the CountyCode.The
Contractor shall ensure that all subcontracts and assignments:
a.Complywithall requirements and regulations specified inOCED's
Contract Compliance Manual
b.Identify the full,correct,andlegalnameoftheparty;
c.Describe the activities to be performed;
d.Presenta complete andaccurate breakdown ofitsprice
component;
e.Incorporate aprovision requiring compliancewithallapplicable
regulatory andotherrequirementsofthis contract andwithany
conditionsofapprovalthattheCountyor OCED deem necessary.
This applies onlyto subcontracts and assignments inwhich
parties are engaged tocarry out any eligible substantive
programmatic service,as maybe defined byOCED,set forth in this
contract.OCED shall in its sole discretion determine when services
areeligible substantive programmatic services and subject tothe
auditandrecord-keepingrequirements described above,and;
f.Result from anopen competitive bidprocessgeneratinga minimum
of three bids.Such competitive process shall be described in
writing,approvedbythe Board of Directors andacopyofwhich
submittedto OCED.In suchcircumstancesthatopen,competitive
bids are not feasible or thataminimum of three bids are
unobtainable,permission to use other methods of award must be
requestedin writing andapprovedby OCED priortothe assignment
orawardof subcontract.TheContractor agrees thatno assignment
or sub-contract willbe made or letin connection with the
Agreement withoutthe prior written approvalof OCED,which
approval shall notbe unreasonably withheld,and that all such sub
contractors or assignees shallbe 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 isnot responsible for any insurance orother fringe
benefits,e.g.,socialsecurity,incometax withholdings,retirementorleave
benefits,for the Consultant or employees ofthe Consultant normally
available to direct employees of the Contractor.The Consultant assumes
full responsibility forthe provision of all insuranceandfringebenefitsfor
22
hims^,f or herself and employees retained by t>~~Consultant in carrying out
the i pe of Services provided in this subcon.it.
3.The Contractor shall be responsible for monitoring the contractual
performance of all subcontracts and their progress toward meeting the
approved goals and objectives indicated in the attached Scope of Services.
4.The 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 OCEDprior 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
OCEDin excess of the total dollar amount agreed upon in this contract.
7.If the subcontract involves $100,000or 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 toOCED.
8.The Contractor agreesthat itwill not change or substitute subcontractors
or suppliers from the list without prior written approval fromOCED.
9.Underno circumstances shall OCED approve the hiring of the Contractor's
staff members as subcontractors.
X.Additional Funding
TheContractorshall notify OCED ofanyadditionalfundingreceivedforany
activity described inthis contract Suchnotificationshallbeinwritingand received
by OCED withinthirty (30)daysoftheContractor's notification bythefunding
source.
Y.Method of Payment
The Contractor shall be paid as described below:
1.TheContractorshallbepaidfor those expenses allowedpursuantto the
provisions provided below only when the Contractor submits to OCED
adequate proof,as determined by OCED inits sole discretion,that the
Contractorhasincurred the expenditures.Itshallbe presumed that the
Contractorhasprovidedadequateproof of havingincurred expenses if the
Contractor submits to OCED canceled checks ororiginalinvoicesapproved
by the Contractor'sauthorized 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,"tothiscontractasitmayberevisedwiththepriorwritten
approval by OCED.
2.Requests forpayment(reimbursement)shallbe assembled bycalendar
month and submitted to OCED no less frequentlythan monthly.
Expenditures incurred by the Contractor must be submitted to OCED for
23
r
payrr—rt within 30 days after the month in vu;ch the expenditures were
incutJ.Failureto comply will result in rejectk of invoices.
3.Inno event shalltheCountyprovide advance CDBG fundingto the
Contractor or to any subcontractor hereunder,nor shall the Contractor
advance CDBG funds to any party.
4.Anypaymentdueundertheterms of thiscontractmaybe withheld pending
the receipt and approval by OCED of all reports and documents which the
Contractor is required to submit to OCED pursuant to the terms of this
contract or any amendments thereto.
5.All payments will be limitedto the quarterly payment schedule that
accompanies the action step chart in the scopes of service and payment is
contingent on the achievement by the Contractor of the quarterly
accomplishment levels identified in the scope of services portion of this
agreement -Attachment "A,"which shall be submitted with all payment
requests-and shall clearly identify the completed level of accomplishments
met This requirement shall also apply to soft costs associated with project
delivery.
6.No payment(s)will be made without evidence of appropriate insurance
required by this contract.Such evidence must be on file with OCED and
the County's Risk Management Division.OCED must receive the final
request for payment from the Contractor no more than thirty (30)calendar
days after the expiration or termination of this contract.If the Contractor
fails to comply with this requirement,the Contractor will forfeit all rights to
payments)if OCED,in its sole discretion,so chooses.
7.All monies paid to the Contractor which have not been used to retire
outstanding obligations of this contract must be refunded to OCED in
accordance with OCED's Contract Compliance Manual.
8.Any unexpended funds remaining after the completion of the services
under this contract,or after termination of this contract,shall be recaptured
infull by the County.
Z.Reversion of Assets
The Contractor shall return to OCED,upon the assets owned or held as a result of
this contract,including,but not limited to any funds on hand,any accounts
expiration or termination of this contract,all receivable attributable to these funds,
mortgages,notes,and other collateral and any overpayments due to unearned
funds or costs disallowed pursuant to the terms of this contract that were
disbursed to the Contractor by the County.The Contractor shall within thirty days
of expiration or termination of this contract execute any and all documents as
required by the County to effectuate the reversion of assets.Any funds not earned,
as described and provided for in OMB A-122,by the Contractor prior to the
expiration or termination of this contract shall be retained by OCED.
III.The County Agrees:
Subject to the availability of funds,to pay for contracted activities according to the terms
and conditions contained within this contractinan amount not to exceed $100,000.
IV.The Contractor and OCED Agree:
A.Effective Date
1.This contract shall begin on January 1.2005.Any costs incurred by the
Contractor prior to this date will not be reimbursed by the County.
24
2.This /ltract shall expire on December 31.20i 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
any additonal time period during which the Contractor remains in control of
the CDBG funds or other assests,including program income to support
CDBG eligible activites.
3.This contract may,at the sole and absolute discretion 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,in its
sole and absolute discretion,and may include:
a.Ineffective or improper use of these contract funds by the
Contractor or any of its subcontractors;
b.Failure by the Contractor tomaterially 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 reports or
other required documents.
2.In the event of a default by the Contractor,OCED may at any time suspend
the Contractor's authority to obligate funds,withhold payments or both.
These actions may applytoonlypartorall of the activities funded by this
contract
3.OCED will notify the Contractor of the type of action to be taken inwriting
bycertifiedmail,returnreceipt requested,orin person withproof of
delivery.The notification will include the reason(s)for such action,the
conditions of the action,andthe 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
This contract,in whole orinpart,may be terminated by OCED upon no less
than ten (10)working days notice when OCED determines that it would be
in the best interest of OCED and the County.Said notice shall be delivered
bycertifiedmail,returnreceipt requested,orin person withproof of
delivery.
2.Termination for Convenience
OCED mayterminatethiscontract,inwhole part,whenbothpartiesagree
that the continuation of the activities would not produce beneficial results
25
com'^nsurate with the farther expenditure funds.Both parties shall
agre upon the termination conditions.0\6,at its sole discretion,
reserves the right to terminate this contract without cause upon thirty (30)
days written notice.Upon receipt ofsuch notice,the Contractor shallnot
incur any additional costs under this contract.OCED shall be liable only
for reasonable costs incurred bythe Contractor prior to notice of
termination.OCED shallbethesolejudgeof"reasonable costs."
3.Termination Because of Lack of Funds
In the event ofa funding short-fall,or a reduction in federal appropriations,
or should funds to finance this contract become unavailable,OCED may
terminate this contract upon no less than twenty-four (24)hours written
notification tothe Contractor.Said notice shall be delivered by certified
mail,return receipt requested,or in person with proof of delivery.OCED
shallbethe final authority to determine whetherornotfundsare available.
OCED may atits discretion terminate,renegotiate and/or adjust the contract
award whicheverisinthebest interest ofthe County.
4.Termination for Substantial Funding Reduction
In theeventofa substantial funding reduction ofthe allocation tothe
Contractor through Board of County Commissioners'action,the Contractor
may,atitsdiscretion,requestinwritingfromthe Director of OCED a
release from its contractual obligations tothe County.The Director of
OCED will review the effect ofthe request on the community and the
County priorto making afinal determination.
5.Termination for Breach
OCED may terminate this contract,in whole orin part,when OCED
determines,initssoleandabsolute discretion,thatthe Contractor isnot
makingsufficient progress thereby endangering ultimate contract
performance,orisnot materially complying with any term or provision of
this contract.
Unless the Contractor's breach is waived by OCED in writing,OCED may,
by written notice tothe Contractor,terminate this contract upon noless
than twenty-four (24)hours notice.Said notice shall be delivered by
certified mail,return receipt requested,orin person with proof of delivery.
Waiverof breach ofany provision ofthiscontractshallnotbedeemedto
beawaiver of anyotherbreachandshallnot be construed tobea
modification ofthetermsofthis contract.Theprovisions herein donot
limitOCED'srighttolegalor equitable remedies.
6.Penaltiesfor 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 entitythat attempts tomeetits
contractual obligations withtheCountythrough fraud,misrepresentation
or material misstatement,shall have its contract with the County
terminated,whenever practicable,as determined bythe County.The
Countymayterminateorcancelanyothercontractswhich such individual
orothersubcontractedentityhaswiththe County.Such individual or
entity shallbe responsible foralldirectandindirect costs associated with
such termination or cancellation,including attorney's fees.The foregoing
notwithstanding,any individual orentitywhoattemptstomeetit
contractual obligations withthe County through fraud,misrepresentation
or material misstatement may be disbarred from County contracting for up
to five (5)years.
26
7.Payi >nt Settlement
If terminationoccurs,theContractorwillbepaidforallowable costs
incurred in carrying out activities required bythis contract uptothedate
and time of termination.
D.Renegotiation or Modification
Modifications of provisions ofthis contract shall be valid only when in writing and
signed by duly authorized representatives of each party.The parties agree to
renegotiate this contract if OCED determines,initssole 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 inthis contract
necessary.OCED shallbethe final authority in determining whetherornotfunds
for this contract are available due to federal,state and/or County revisions of any
applicable lawsor regulations,orincreasesinbudget allocations.
E.Right to Waive
OCED may,for good and sufficient cause,as determined by OCED in itssoleand
absolute discretion,waive provisions inthiscontractorseekto obtain suchwaiver
from the appropriate authority.Waiver requests from the Contractor shallbein
writing.Anywaivershallnotbeconstruedtobeamodificationofthiscontract.
OCED's failure to exercise anyofits rights underthis contract,or OCED's waiver
ofa provision on any one occasion,shall not constitute a waiver of such rights or
provision on any other occasion.No failure or delay by OCED in the exercise of any
right shall operate as a waiver.
F.Budget Revisions and Changes tothe CDBG Eligibility Activity Title
1.Revisions to the Budget (Attachment B)shall be requested in writing and
must comply with OCED's ContractCompliance Manual.These revisions
shallnot require acontractamendment unless theamount of thiscontract
is changed or unless otherwise required by OCED.All budget revisions
shall require the written approval of OCED.Undernocircumstanceswill
OCED approve payment of expenditures incurred prior tothe approval of
the budget revision related to such expenditures.
2.BudgetRevisions Through CountyResolution
Shoulda portion ofthe funding allocation tothe Contractor berescinded
by action from the Board of County Commissioners,written notification via
certified mail tothe Contractor advising ofthe funding reduction shall be
sentby OCED no later than 5 working days ofthe action;written
notification will constitute a contract amendmentThe Contractor will have
five working days upon receipt of certified return receipt notification to
submita revised budget reflecting funding adjustments.Should the
modified budget notbe received within the specified time,OCED will revise
thebudgetatits discretion.OCED initssoleand absolute discretion will
determinewhethersubstantialreductionswillnecessitaterevisionand
resubmittal of the Scope of Service (Attachment A).Revisions to the Scope
ofServices,when required,will be negotiated tothe mutual satisfaction of
both parties.
3.Revisions tothe CDBG eligibility activity titles under which this contract's
objectives are classified as noted in the Scope of Services shall not require
a contract amendment
G.Disputes
27
In the event .unresolved dispute exists between the contractor and OCED,OCED
shall refer the questions,including the views of all interested parties andthe
recommendation of OCED,tothe County Manager for determination.The County
Manager,oran authorized representative,will issue a determination within thirty
(30)calendar daysof receipt andso advise OCED andthe Contractor,orinthe
event additional time is necessary,OCED will notify the Contractor within the thirty
(30)day period that additional time is necessary.The Contractor agrees thatthe
County Manager's determination shallbe final and binding onall parties.
H.Headings
The section andparagraphheadingsinthis contract are inserted for convenience
onlyandshallnotaffectinanywaythe meaning or interpretation ofthiscontract.
I.Minority Participation
In order to gain greater Black business participation,the Contractor may submit its
contracts tothe County Manager for bidding and award in accordance with County
policies and procedures.
J.Proceedings
This contract shall be construed in accordance with the lawsof the State ofFlorida
and any proceedings arising between the parties,inany manner pertaining or
relating tothis contract,shall,totheextent permitted by law,beheldin Miami-
Dade County,Florida.
K.IndependentPrivate Sector Inspector GeneralReviews
Pursuantto Miami-Dade County Administrative Order 3-20,theContractorisaware
thatthe County hastherightto retain theservicesofan Independent Private
Sector Inspector General (hereinafter "IPSIG"),wheneverthe County deemsit
\appropriatetodoso.UponwrittennoticefromtheCounty,theContractorshall
make available tothe IPSIG retainedbythe County,ail requestedrecordsand
documentation pertaining tothis Agreement forinspectionand reproduction.The
Countyshallberesponsibleforthepaymentof these IPSIG services,andunderno
circumstance shallthe Contractor's prices andanychanges thereto approved by
theCounty,beinclusiveofany charges relatingto these IPSIG services.The terms
ofthis provision herein,apply tothe Contractor,its officers,agents,employees,
subcontractors andassignees.Nothing contained inthis provision shall impair
any independent right ofthe County toconductanauditor investigate the
operations,activities and performance of the Contractor in connection with this
Agreement The terms ofthis Article shallnot impose any liability onthe County
.by the Contractor oranythirdparty.
L.Notice and Contact
OCED's representative for this contract is Richard Hoberman.The Contractor's
representative forthiscontractis Silvia Jarquin.TheContractor's principal
officeisat 6130 SUNSET DR,SMIAMI,FL 33143.
In theeventthat different representatives aredesignatedbyeitherpartyafterthis
contract is executed,or the Contractor changes its address,notice of the name of
thenew representative ornewaddress will be rendered in writing totheotherparty
and said notification attached to originals of this contract
M.Name and Address of Payee
28
The company must holdavalidFloridaCertificate ofAuthority as shown inthelatest
"List of All InsuranceCompanies Authorized toDo Business inFlorida"issued by
theState of FloridaDepartment of Insurance andare members of theFlorida
Guaranty Fund,
Certificates will indicate-no modification orchangein insurance shallbemade without thirty(30)daysin
advance notice to the certificate holder
':
IN WITNESS THEREOF,the parties hereto have caused this thirty (30)page contract to be
executed by their undersigned officials as duly authorized,this day of 2005.
CONTRACTOR:
City of South Miami
BY:
NAME:Mari
Davis
Pir
TITLE:City Manager
DATE:///
BY:
NAME
TITLE:
DATE
Witnesses:
BY:
BY:
"yp$or Print Name a
riijM
(Signature)
Type or Print Name
Federal ID Number:59-6000431
Resolution*:W~0S-\1<b1lo
Index Code:CD531C0006
Contract Number:50816
Contractor's Fiscal Year Ending Date:09/30/05
CORPORATE SEAL:
MIAMI-DADE COUNTY
BY:
NAME:
George M.Burgess
TITLE:County Manager
ATTEST
BY:
TITLE:Clerk,Board of County
Commissioners
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
30
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A
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SECTION ID:MINORITY BUSINESS ENTERPRISE DATA
SPECIFIC INSTRUCTIONS
NAME OF CONTRACTOR/
SUBCONTRACTOR OR
VENDOR,ADDRESS,AND
TELEPHONE NUMBER:
VENDOR ID #:
PRIME CONTRACTOR ID #:
RACE/ETHNIC GROUP:
TYPE OF TRADE:
AMOUNT OF CONTRACT/
SUBCONTRACT OR
PURCHASE:
TOTAL:
AFRICAN AMERICAN CHART
NUMBER OF CONTRACTORS,
SUBCONTRACTORS,OR
VENDORS
TOTAL DOLLARS AWARDED:
PERCENTAGE OF TOTAL
ACTIVITY:
2/14/05 9:10 AM
Enter this information only onceoneach report for each firm
receiving funds through your organization's contract with
OCED.
Enter the Employer Number that I.R.S.has assigned to the
Vendor/Subcontractor.Each vendor must have unique
identifier.
Enter the Employer Number that LR.S.has assigned to the
Prime Contractor asa unique identifler.This information must
be provided foreach vendor listed.
Enter the numeric code (1 through 6)that identifies the
racial/ethnic background of the owner(s)and controller^)of
51%of the business.If 51%of the business is not controlled by
any single racial or ethnic group,then enter the code that seems
most appropriate.The codes are listed at the bottom of the
form.
Enter the numeric code that best describes the
contractor's/subcontractor's/vendor's services.The codes are
mentioned in the front of this page.
Enter the total amount expended for goods,services,supplies,
and/or construction costs for each vendor,contract and
subcontract.Incases where commodities or equipment
purchases comprise the majority of the expenditures for the
period,then combine all expenses for the reported period.
Enter the total amount of dollars expended on goods,services,
supplies,and/or construction for all contracts,subcontracts,
and
purchases that occurred during the reporting period.
Enter number of African American firms that transacted
business with your organization during the reporting period.
This information must be reported for organizations with at
least 51%African American ownership or control.
Enter the total dollars paid to African American firms during
the reporting period.
Enter the percentage of total dollars received by African
American firms from funds expended by your organization
during the reporting period.
Page9 of 12
SECTION III:MINORITY BUSINESS ENTERPRISE DATA
PROJECT TITLE:
GPR ACTIVITY NUMBER:
REPORTING PERIOD:(Check One)OCT 1•MAR 31 Q Q APR 1-SEP 30 Q
CONTRACT/SUB-CONTRACT/VENDOR ACTIVITY
INSTRUCTIONS:Complete the chart using the categories mentioned in the columns below.When applicable,use the codes mentioned below.
NAME OF CONTRACTOR/
SUBCONTRACTOR/OR.
VENDOR
ADDRESS TELEPHONE
VENDOR ID PRIME
CONTRACTOR ID #
RACE/
ETHNIC
GROUP
TYPE OF
TRADE
AMOUNT OF
CONTRACT/j
SUBCONTRACTOR"'.
PURCHASE
•'.-,•;•,-".•..-;-.'...•i '•.:TOTAL
-
RACE/ETHNIC GROUPS
1-WHITE AMERICAN
2-AFRICAN AMERICAN
3-NATIVE AMERICAN
4-HISPANIC AMERICAN
5-ASIAN AMERICAN
6-OTHER
2/14/05 9:10 AM
TYPE OF TRADE CODES
CPD
1-NEW CONSTRUCTION
2-EDUCATION AND TRAINING
3-OTHER
For Dade County HUD and Housing Agency Programs ONLY
DC1-New Construction
DC2-Substantial Rehab.
DC3-Repairs
DC4-Service
CD5-Project Management
DC6-Professional
DC7-Tenant Service
DC8-Educatlon/Training
DC9-Arch/Eng/Appraisal/
Prev.Eds.Obsolete
DCO-Other
Page 10 of 12
AFRICAN AMERICANS
NUMBER OF
CONTRACTORS/
SUB-CONTRACTORS/
VENDORS
TOTAL
DOLLARS
AWARDED
PERCENTAGE
OF TOTAL
ACTIVITY
*e
U.S.HUD SECTION 3 REPORT
PARTTHREE -SUMMARY -Indicates theeffortsmadeto direct theemploymentandothereconomic opportunities
generated by HUD financial assistance for housing and community development programs,tothe greatest extent
feasible,toward low-andvery low-income persons,particularly thosewho are recipients of government assistance for
housing.(Check all that apply.)
D Attempted to recruit low-income residents through:local advertising media,signs prominently displayed atthe
project site,contracts withcommunity organizations and publicor private agencies operating withinthe
metropolitan area (or metropolitan country)inwhichthe Section 3 covered program orprojectis located,or
similar.
•Participated inaHUDprogramorother program whichpromotesthetrainingor employment of Section3
Residents.
•Participated inaHUDprogramorotherprogramwhichpromotestheaward ofcontractstobusinessconcerns
which meet the definition of Section 3 business concerns.
•Coordinated with Youth build Programs administeredinthemetropolitan area inwhichtheSection3covered
projectislocated.
•Other,describe below.
Page11 of 12
4/05 9:10 AM
SECTION IV:U-S,HUD SECTION 3 REPORT
EconomicOpportunitiesfor Low &Very Low-Income PersonsinConnectionwith Assisted Projects
AGENCY NAME:PROJECT NAME:
AGENCY ADDRESS:
REPORT REVIEWED/APPROVED BY:
(SIGNATURE)
CONTRACT AMOUNT:$
PERIOD REPORTED:QTR
TELEPHONE*:
123
(CIRCLE ONE)
PARTONE-EMPLOYMENT &TRAINING -TobecompletedforeachprojectandsubmittedquarterlytoOCEDby
April 15,July 15,October 15 and January 15.
1 JOB CATEGORY A
Total
.New
Hires
(Total of
Column
G.l/5)
B
Total New
Hires who
are
Section 3
Residents
C
%of New
Hires that
are
Section 3
Residents
(B/A)
D
Total
Employee
Trainee
Hours
worked
E
Total
Employee
Trainee
Hours
Worked
by.Section
3 Residents
F
%of
Employee
Trainee
Hours
Worked by
Section 3
Residents
(E/D)
G
RACIAL/ETHNIC CODES
1
White
Amer.
2
African
Amer.
3
Native
Amer.
4
Hispanic
Amer.
5
Asian or
Pacific
Amer.'
PROFESSIONAL
TECHNICIAN
OFFICE/
CLERICAL
CONSTRUCTION
BY TRADE
(LIST)
TRADE:
TRADE:
TRADE:
TRADE:
TRADE:
OTHER:
TOTAL:•
PART TWO -SUBCONTRACTS AWARDED -forgoodsand services associated withthisproject
TYPE OF
CONTRACT
A
Total$
Amount of
Contracts
Awarded
B
TotalS
Amount of
Contracts
Awarded to
Section 3
Businesses
C
%BTO
A
D
NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY
RACIAL/ETHNIC IDENTinCATION
1
White
American
2
African
American
3
Native
American
4
Hispanic
American
5
Asian-
Pacific
American
6
Hasidic
Jew
CONSTRUCTION
NON-
CONSTRUCTION
Page12 or 12-Progress Report
2/14/05 9:10 AM
ContractandSubcontractActivityU.S.DepartmentofHousingandUrbahDevelopmentOMBApprovalNo.:257T«0088(exp.06/30/2004)
PubBcReportlnjBurdentw1hbooIJeotlondlrdorinatlonhp^«Bi<»if»™«M*«».2602-0356(exp.10/31/2004)
sis
i.'o»nt.WPro|,c<oWn.f/u.y,tep,tf8ponwtfBuld,^>nty.unaeogate,DepartmentotHousingandUrbanDevelopmentwBhoutyourconsent,exceptasrequiredorpanrittedbylaw.'
Chtcklfc
PHA
IHA
8..Location(CIV,State,ZIPCoda)
3a.NamaofContactPanon3b.PhontNumb«r(bictuolngAntCods)4.RaportngParW—
[JOct.1•Sept30(Annual-FY)6.Pr»gnunC«d»piotappIIeablaferCPOpregn«ni.)
8aaexplanationofcodesatbottomofpaga.
U*aaaapantasheetforeachprogramcoda.
e.DataSubmttiadtoRaidOffice
GmntfPro|actNunbaror
HUGCasaNumbaror
otharldanflncafonofpropany,
atftdMslon,dwalBngunit,ate.
Amountof
Contact
orSubcontnct
Typtol
Tiada
Coda
(8*«
balow)
7c.
Contraetoror
SuboonMetor
BtalnNt
FUd«l/Ethnte
Coda
(Saabatow)
.7d.
7i.
CPO:
1•NewConstruction
2sEducation/Training
3•Other
7b.
7c:TypeofTradeCodes:
Houslng/PublloHousing:
1•NewConstruction6•Professional
2«SubstantialRehab.7-TenantServices
3-Repair.e.Eduoatron/Tralnmg
Z"f/T?..8-ArcWEngrg.Appraisal 6°ProtectMangt.Q.oihar"m
Previouseditionsareobsolete.
Woman
Owned
Binlmn
(ft*or
No)
7a.
PrimaContmetor
ldsnt)8cat)on(lD)
Nunbar
Sao.
3
Buboontnctor
ManStcaflonAD)
NUmbar
Sac
3
7tJSl7h.71
7dtRacial/EthnicCodes:
1-WhiteAmericans
2»BlackAmericans
3-NativeAmericans
4-HispanicAmericans
5-Aslan/PacffloAmericans
6•HasidicJews
Nama
ContnutotfSubcontnutorNamaandAddret*
7J-
StraatcityStateZipCoda
5:ProgramCode*(ComplatstorHousingandPublicandIndianHousingprognmsonly):
1»ADInsured,IncludingSection-86•Section202
2-FtaaibleSubsidy6.HUD-Held(Management)
3-Section8Nonlnsured,Non-HFDA7«Public/IndianHousing
4•Insured(Management
formHUD-2616(8/D8)
ThisreportIstobecompletedbygrantees,developers,sponsors,builders,agencies,
and/orprojectownersforreportingcontractandsubcontractactivitiesof$10,000or
moreunderthefollowingprograms:CommunityDevelopmentBlockGrantsfentttle-
mentandemaOcities);UrbanDevelopmentActionGrants;HousingDevelopment
Grants;MuttlfamllyInsuredandNonlnsured;PublicandIndianHousingAuthorities-
andcontractsenteredIntobyrecipientsofCDBGrehabilitationassistance.
Contracts/subcontractsoflessthan$10,000nsedbereportedonly8euchcontracts
representasignificantportionofyourtotalcontractingactivity.Includeonlycontracts
executedduringthisreportingperiod.
ThisformhasbeenmodifiedtocaptureSection3contractdataIncolumns7gand71
Section3requiresthattheemploymentandothereconomicopportunttissgenerated
byHUDfinancialassistanceforhousingandcommunitydevelopmentprogramsshall,
tothegreatestextentfeasible,bedirectedtowardlow.andverylow-Incomepersons,
particularlythosewhoarerecipientsofgovernmentasslstanceforhousing.Recipients
usingthisformtoreportSection3contractdatamustalsouesPartIofformHUD-
60002toreportemploymentandtrainingopportunitiesdata.FormHUD-2616Istobe
CommunityDevelopmentPrograms
1.Grantee:Entertheflameoftheunitofgovernmentsubmittingthisreport.
8.ContactPerson:Enternameandphoneofpersonresponsibleformaintaining
andsubmittingcontract/subcontractdata.
7a.GrantNumber:EntertheHUDCommunityDevelopmentBlockGrantIdentifies-'
tlonNumber(withdashes).Forexample:B-32-MC-25-0034.ForEntitlement
ProgramsamiSmallCitymultl-yearcomprehensiveprograms,enterthelatest
approvedgrantnumber.
7b,AmountofContract/Subcontract:Enterthedollaramountroundedtothe
nearestdollar.IfsubcontractorIDnumberisprovidedIn71,thedollarfigurewouldbe
forthesubcontractonlyandnotfortheprimecontract.
7c.TypeofTrade:EnterthenumericcodeswhichbeatIndicatesthecontractor's/
subcontractor'sservice.IfsubcontractorIDnumberisprovidedIn7f.,thetypeoftrade
codewouldbeforthesubcontractoronlyandnotfortheprimecontractor.The'other"
categoryIncludessupply,professionalservicesandallotheractivitiesexceptcon
structionandeducation/trainingactivities.
7d.BusinessRaclai/Ethnle/GenderCode:EnterthenumericcodewhichIndicates
theracial/ethnic/gendercharacteroftheoWner(s)andcontroBerte)of61%ofthe
business.When61%ormoreIsnotownedandcontrolledbyanysingleraclal/elhnlo/
gendercategory,entertheoodewhichBoomsmostappropriate,Bthesubcontractor
IDnumberIsprovided,thecodewouldapplytothesubcontractorandnottothecrime
contractor.
7e.WomanOwnedBusiness:EnterYesorNo.
7f.ContractorldontHlcatIon(ID)NumbofjEntertheEmployer(IRS)Numberofthe
PrimsContractorastheunlqueWantBlerforprimerecipientofHUDfunds.Notethat
theEmployer(IRS)Numbermustbeprovidedforeachcontract/subcontractawarded.
7g.Section3Contractor:EnterYesorNo.
7h,SubcontractorIdentification(ID)Number:EntertheEmployer(IRS)Number
ofthesubcontractorastheuniqueIdentifierforeachsubcontractawardedfromHUD
funds.WhenthesubcontractorIDNumberIsprovided,therespectivePrime
.ContractorIDNumbermustalsobeprovided.
71.Section3Contractor:EnterYesorNo.
FormHUO-60002IstobecompletedbyallotherHUDprogramsIncludingState
administeredcommunitydevelopmentprogramscoveredunderSection3.
ASection3contractor/subcontractorIsabusinessconcernthatprovideseconomic
opportunitiestolow-andverylow-Incomeresidentsofthemetropolitanarea(or
nonmetropoiltancounty),Includingabusinessconcernthatla61percentormore
ownedbylow-orverylow-incomeresidents;employsasubstantialnumberoftow-or
verylow-incomeresidents;orprovidessubcontractingorbusinessdevelopment
opportunitiestobusinessesownedbylow-orverylow-Incomeresidents.Low-and
verylow-IncomeresidentsIncludeparticipantsinYouthbuildprogramsestablished
underSubtitleDotTllieWoftheCranstoir-GonzatazNationalAffordableHousingAct.
ThetermsTow-Incomepersons'and\&tylow-incomepersons*havethesame
meaningsgiventhetermsInsection3(b)(2)oftheUnitedStatesHousingActof1837.
Low-Incomepersonsmeanfamilies(Includingsinglepersons)whoseincomesdonot
exceed80percentumofthemedianIncomeforthearea,aadeterminedbythe
Secretary,withadjustmentsforsmallerandlargerfamilies,exceptthattheSecretary
firmreceivingcontract/subcontractactivityonlyonetimeoneachreportforeachfirm.
MutttfamtlyHousingPrograms
1.Grantee/ProjectOwner:Enterthenameoftheunitofgovernment,agencyor
mortgagorentityeubmWngthisreport.
8.ContactPerson:Sameasitem3underCPDPrograms.
4.ReportingPeriod:Checkonlyoneperiod.
6.ProgramCods:Entertheappropriateprogramcoda.
7aGrant/ProjectNumber:EntertheHUDProjectNumberorHousingDevelop-
frontGrantornumberassigned.
7b.AmountofContract/Subcontract:SameasItem7b.underCPDPrograms.
7c.TypeofTrade:8ameaaItem7o.underCPDPrograms.
7d.BusinessRaclaVEthnte/GenderCode:SameasItem7d.underCPDPro-
grams.
7e.WomanOwnedBusiness:EnterYesorNo.
7f.ContractorIdentification(ID)Number.Samsasltentff.underCPDPrograms.
7g.Section3Contractor:EnterYesorNo.
7h.SubcontractorIdentification{ID)Number:SameasBern7h.underCPD
Programs.
7LSection3Contractor:EnterYesorNo.
71.Contractor/SubcontractorNameandAddress:SameasHem71.underCPD
Programs.
mayestablishIncomeceingaWgherorlowerthan80percentumofthemedianfortheareaonthebasisoftheSecretary'sfindingsthatsuchvariationsarenecessary
becauseofprevailinglevelsofconstructioncostsorunusuallyhighorlow-Income
families.Verylow-Incomepersonsmeanslow-Incomefamilies(includingsingle
persons)whoseIncomesdonotexceed50percentumofthemedianfamilyincome
forthearaa,aadeterminedbytheSecretarywithadjustmentsforsmallerandlamer
families,exceptthattheSecretarymayestablishIncomeceilingshigherortowerthan
60percentumofthemedianfortheareaonthebasisoftheSecretary'sfindingsthat
suchvariationsarenecessarybecauseofunusuallyhighorlowfamilyincomes.
Submittwo(2)copiesofthisreporttoyourlocalHUDOfficewithinten(10)daysafter
theendofthereportingperiodyoucheckedInKern4onthefront.
CompleteItem7h.onlyonceforeachcontractor/subcontractoroneachsemi-annual
report.
Entertheprimecontractoi*sIDinItem7f.forailcontractsandsubcontracts.9
onlycontractsexecutedduringthisreportingperiod.PHAa/lHAsaretorep.all
contracts/subcontracts.
PublicHousingandIndianHousingPrograms
PHAs/lHAsaretoreportallcontractafeubcontracta.Includeonlycontractsexecuted
duringthisreportingperiod.
1.ProjectOwner:Enterthenameoftheunitofgovernment,agencyormortoaoor
entitysubmittingthisreport.Checkboxasappropriate.
3.ContactPerson:SameasBern3underCPDPrograms.
4.ReportingPeriod:Checkonlyoneperiod.«
6.ProgramCode:Entertheappropriateprogramcode.
7a,Grant/ProjectNumber:EntertheHUDProjectNumberorHousingDevelop-"
mentGrantornumberassigned.
7b.AmountofContract/Suboontract:SameasHem7b.underCPDPrograms.
7cTypeolTrade:SameasBern7c;underCPDPrograms.
7d.BusinessRaetaf/Ethnle/GenderCode:SameasItem7d.underCPDPro
grams.
7e.WomenOwnedBusiness:EnterYesorNo.
7f.ContractorIdentUlcaUon(P)Number:SameasItem7f.underCPDPrograms.
7g.Section3Contractor.EnterYesorNo.
7h.SubcontractorIdentification(ID)Number:SameasHem7h.undv">
Programs.-
7LSection3Contractor;EnterYesorNo.
7J.Contractor/SubcontractorNameandAddress:SameasRem71.underCPD
Programs.
formHUD-2616(8/98)
.'*ATTACHMENT D
MIAMI-DADE
OFFICE OF COMMDNTTY AND ECONOMIC DEVELOPMENT
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
Parti.
a
1.Indicate Funding Source:CDBG HOME HOPE VI
HOMELESS (SRO/SHP)HOPWA
2.Indicate Fiscal Yean FY 20
3.Name of Subrecipient/Agency:
4.Name ofProposed Activity:
5.Location (Address)of Activity or Project:
6.Folio Number:
7.Commission District
8.Name,address;phone and fax numbers of loan/grant recipient:
Revised 01/07/03
Page 2 of 5
9.Detailed description ofactivity or project:
10.Purpose ofactivity orproject:
11.Status of activity orproject:
PartIL
Willthe activity or project result in thefollowing?
Yes No
||Changeinuse
Sub-surface alteration(i.e.excavations)
New construction
Renovation or demolition
Siteimprovements(utilities,sidewalk,landscaping,storm
drainage,parkingareas,drives,etc.)
-Building improvements (windows,doors,etc.)
Displacement of persons,households or business
Increase inpopulationworkingor living on site
Land acquisition
Activity in 100-year floodplain
•
A new nonresidential use generating at least 1375,000
gallons of water or687,500 gallons ofsewage per day.
.
Use requiring operating permit (i.e.for hazardous waste,
pretreatment of sewage,etc.)
Asanitarylandfillorhazardouswaste disposal site
Tree removal or relocation
Street improvements
The impounding ofmore than 10 acrefeet of water (e.g.
digging alakeordivertingor deepening of a body of
water).
•*
Partm.
A.Site Information
Landuse(please describe)
•Existing
Proposed
Page 3 of 5
B.If activityincludes new construction,renovation or rehabilitation,photographs
mustbe provided of eachside (front,rear and sides)ofthe structure(s)proposed
for assistanceandthebuildingsontheabuttinglots.The photographsshall be
identifiedby address.In addition,provide for eachexisting structure onthe site,,
the following information:
•Existing structure(s)onsite:Yes •No
•Estimated age of structured)
C.Other Site information:
Floodinsurancerequired?
Public water available on site?
Public sewer available on site?
Children under7years ofageresidingon
site or relocating tosite (including daycare
facility)?
Hazardous waste disposal facility?
Storage ofhazardousmaterialsonsite?
Abandoned structure^)onsite?
Yes No
Page 4 of 5
D.If theproposedactivity includes a new structure(s)orsiteimprovementsona
site of one (1)acreor more,a site plan must be provided.Projectfs)will not
be environmentally reviewed without a site plan.
E.If the proposed activity includes rehabilitation or renovation of structure(s),
indicatetheestimatedcost -andtheamount
sought forfunding __.
In addition,indicate ifthe estimated value ofthe improvement represents:
;0to39.9percent ofthe marketvalue ofthe structure(s)
40to49.9 percent ofthe marketvalue ofthe structure^)
50to74.9percent ofthe marketvalue ofthe structure's)
__75 percent ormore ofthe marketvalue ofthe structure^)
F.If theproposedactivityinvolvesthetransfer of anyproperty,new construction
orasecuring of aloanfor nonresidential parcel,provideaPhaseI
Environmental Audit determiningthelikelypresence of eithera release or
threatened release of hazardous substance.An audit is a review of a site and
adjacent properties andinvolves preparing a history of ownership,-land use
and zoning forthelast50 years;researching environmentalrecordsfor
informationonhazardouswastesites,hazardous facilities,solidwaste/landfill
facilities and underground storage tanks (available through the Department of
Environmental Regulations and Management (DERM),Florida Department of
Environmental Protection (FDEP)and U.S.Environmental Protection Agency
(EPA));andinspectingthesiteforphysicalevidence of contamination suchas
damage vegetation orstainsinthesoil.
Hasa Phase Ibeen performed:Yes No__
If yes,a copy ofthe PhaseI Environmental Audit must be submitted.
G.Environmental Health Information
•If a residential site,andtheactivity includes orinvolves rehabilitation,has
itbeen inspected for defective paintsurfaces?
Yes No
If yes,please submit the results.
Page 5 of 5
Haveanychildunderthe age of sevenatthesitebeentestedforelevated
levels ofleadinthebody?
Yes No _
If yes,please submit theresults.
PartlV.
Other Required Submittal Documents:
1.Submit street/plat maps that depict location of property in the County
and/or Citywiththe location orlot clearly pointed out
2.For new construction projects:Submit a scope ofservice,an itemized
budget,andasite plan.
3.For housing/building rehabilitation projects only:Submit a scope of
service,an itemized budget describing the major components ofthe
rehabilitation program planned,and a photograph ofthe property.
4.For historic proprieties,include:Submit photographs ofthe property,
and a description ofany adjacent historic properties that maybe
.affected by youractivity.
PartV.
Icertify to the accuracy ofthe aboveinformation.
PrintName Signature Title
Name ofOrganizationorCorporation Date
Unless otherwise indicated,return completed formand attachments to:
Community Development Division Director
Office of Community andEconomic Development
140 West Flagler Street,Suite 1000
Miami,Florida 33130
CERTOTCAII^I^^ATTACHMENT
^undersigned certifies,to the best of hisorteknovriedge.andtehftIf,mBt:
«idet8igMrto^I«rstofeinfli^^..^cTcf «V «B»oy.a Member of Confess,mofficer «^JP^°fcZaws,or aa employes ofa Member of Congress in oormecfaon vrffli the
awaEof any Fedetal contact,the makingof any Federal grant,tte majang of
any Federal loan,the.entering into ofany cooperative agreeing and tbeartennon,
eorfnnanVm.renewal,am
.loanor cooperative agreement
2.Ifany finds other than Federal appropriated funds have tm^^
•a^ason fbrinthiendiig «aflenu*^a«noI a Member of Congress,an officer or P^toyee of Congress,or anHyWofaMemberofCongressinconnectionmm^fif^^^SSorcooperativeagreement,fne undersigned abidl oomplete.imdj^
Form -LLE>"Disclosure Form to Report Lobbying."m accordance vnth its
instructions.
3 Theundersigned shall leqoire mat uie language ofto
'toawaiddSeiilsforan^and conttacts under grants,loans.and.cooperative agreements)and that-all
sul^xecipietttB shall certifyand dolose accordingiy.
•4 TMs certification is a material xeprtaKntetfori of feet upon wMch relianoe was placed
'when this transaction was made,or entered into.Suhmi^
prewpui^fe inaldng or entering"g tade.Any person who finis to ^toaciviiIpenaltyofnotlessman$10,000 andnot more man $100,000 for each such
failure.
BY:£
NAME:
TEECJEr
DATE:
Representative)
(Print NaneoCFMrindAothacized Repre»eiit»fl?p)
/^/7£jl{A>AM&f£/Z
//w<x
2'lon
4-0"
2'b"
MIAMI DADE
COUNTY
Project Name
Project Cost
Contractor
Miami-Dade County
Carlos Alvarez
Mayor
Board of County Commissioners
Joe A.Martinez
Chairperson
Barbara J.Jordan
District 1
Dorrin D.Rolle
District 2 •
Dr.Barbara Carey-Shuler
District3
Sally A.Heyman
District4
Bruno A.Barreiro
District 5
Rebeca Sosa
District 6
Carlos A.Gimenez
District 7
Katy Sorenson
District8
Dennis C.Moss
District 9
Sen.Javier D.Souto
District 10
Joe A.Martinez
District 11
Jose "Pepe"Diaz
District 12
Natacha Seijas
.District 13
Harvey Ruvin
Clerk ofthe Circuit and County Courts
George M.Burgess
County Manager
Robert A.Ginsburg
CountyAttorney
MIAMI-DADE
COMMUNITY ANDECONOMICDEVELOPMENT
Over 25 Years ofStrengthening Miami-Dade County
4'0"
ATTACHMENT F
Sign
Thesign(s)shallbe made of V*inch
thick marine plywood,newly
painted and letteredinaccordance
with professional outdoor sigh
painting standards astolayout,
symmetry,proportion,clarity and
neatness with the use of weather-
resistant colors,and materials.The
Contractor shall place thesign (s)
securely braced and mounted.All
materials shall be provided bythe
Contractor and the sign(s)shall
remain in the property ofthe
Owner at the completion of the
contract.
Sign Supprt
Thesignshallbefree standing,
prominentlydisplayedas directed
byOCED representative,and
supportedbytwo 4,,i4"i10'
pressure treated timbers securely
fastened to the rear of the sign and
sunk 4*below grade.Clearance
from the bottom ofthe sign to the
ground shall be1'.
MIAMI-DADE
COUNTY
140 W.FLAGLER STREET,SUITE 1000
MIAMI,FL 33130-1561
July 8,2005
Mr.Ajibola Balogun,REM,CFEA
Public Works &Engineering Director
City of South Miami
4795SW 75th Avenue
Miami,Florida 33155
rICE OF COMMUNITY AND
ECONOMIC DEVELOPMENT
Director's Office
PHONE:305-375-3827
FAX:305-375-3428
smu@miamidade.gov
www.miamidade.gov/ced/
JUL \I 2005
Dear Mr.Balogun:
Subject:FY05 CDBG Contract
Church Street Improvements,Phase 2
Budget Revision No.1
Attached isanapproved Budget Revision No.l tothefiscalyear2005 CDBG Contract withthe
City of South Miami.Ifyouhaveany questions,please callmeat(305)375-3472.
Sincerely,
/•*ni*J
Richard Hoberman
Contracts Officer
Attachment
C:\WINDOWS\Desktop\WORD PRO DOCUMENTS\CITY OFSOUTHMIAMICDBGFYOS BUDREV1.doc
LastsavedbyRichard Hoberman 7/8/05 5:04PM
CITY OF SOUTH MIAMI
FY05 CDBG CONTRACT
SUMMARY BUDGET
BUDGET REVISION 1
I.PERSONNEL $4,000
H.CONTRACTUAL SERVICES $18,548
HI.OPERATING COSTS 0
IV;COMMODITIES 0
V.CAPITAL OUTLAY $77.452
TOTAL:$100,000
ATTACHMENT B
*)
AGENCY NAME
CDBG FY 2005
RECONSTRUCTION OF CHURCH STREET (SW59™PLACE)IMPROV
DETAILED BUDGET
BUDGET REVISION 1
January 1,2005 through December 31,2005
1 rs
PP Non OCED OCED Total OCED Total AU
04010 PERSONNEL -Employee
Regular-Salaries
Public Works Director 0 2,000.00 2,000.00 2,000.00
Chief Accountant 0 1,000.00 1,000.00 1,000.00
Grants Administrator 0 1,000.00 1,000.00 1,000.00
Subtotal Salaries 0 4,000.00 4,000.00 $4,000.00
04010 Fringe Benefits
Hca:11,000x0620+628x100%
Mica:11,000x0145=160 0 0.00
0.00
0.00
0.00
000SubtotalFringe
Total Personnel
0
0
0.00
4,000.00
0.00
4,000.00
0.00
$4,000.00
Contractual Services
21011 External Audit
21012 Environmental Audit
21030 Other Profcssional-Svc.Const Mgm.
21030 Other Professional Svc.
22350 Bottled Water
25330 Rent Copier
25511 BuildingRental
Total Contractual
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
18,548
0.00
0.00
0.00
6,000
18,548 I
$0.00
$0.00
$18,548.00
$0.00
$0.00
$0.00
$0.00
$18348.00
Operating:Expense
31011 Telephone LongDistance 0 0.00
0.00
0.00
$0.00
$0.0031610Postage
31420 Advertising Radio
0 0.00 0.00 $0.00
Total Operating Expense 0 0.00
0.00
0.00
$0.00
$0.00
Commodities
31510 Outside Printing
95020 Computer Purchase
47010 Office supplies/Outside Vendors
Total Commodities
0.00
0.00
0.00
0.00
0.00 $0.00
0.00 $0.00
0.00 $0.00
0.00 $0.00
Capital Outlay
61620 Basic Architectural fees 0 0.00 0 $0 0061620PrimeContractor00.00 77,452 $77 452 00TotalCapitalOutlay00.00 77,452 $77,452.00
TOTAL BUDGET
0-
4>0D0-+
18>54B«+
77>452«+
100>00O *
0.00 100,000 $100,000.00 I