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Res. No. 005-06-12146RESOLUTION NO.05-°6-1 21 46 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NUMBER TWO 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 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)IN THE AMOUNT OF $95,000 FOR CHURCH STREET IMPROVEMENT PHASE 2;PROVIDING AN EFFECTIVE DATE. WHEREAS,onJanuary6,2004,the Mayorand City Commission authorizedthe City Manager to execute agrant agreement with Miami-Dade County for the Church Street Improvements PhaseIIgrantaward of $95,000throughthe Office of Community and Economic Development (OCED);and WHEREAS,on April 6,2004,theMayorandCity Commission obtainedgrant funds forthe ChurchStreet Improvements (PhaseII)from theMiami-Dade County Office of Community and Economic Development which funding was to be utilized fora twelve month period with a completion date ofDecember 31,2004;and WHEREAS,due to delaysfromthe county while executing the agreement,timely expendituresfortheChurchStreetprojectwerenotpossibleandthe County agreedtoapprovea time extension oftwelve months to December 31,2005;and WHEREAS,itisnecessary to extendthecontract completion dateanothersix(6)months from December 31,2005 to June30,2006,duetothedelaysasaresult of an unusually activeand disruptive hurricane season of 2005,inordertocompletetheprojectandcomplywiththefunding requirements;and WHEREAS,theCityhascontactedtheCounty(OCED)toobtainanextensiononthe completion datefor another six months,andOCEDhas agreed tohonortherequest following the receipt ofanapprovedresolution by theCityCommission. NOW,THEREFORE,BE TT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section 1;Theabove"WhereasClauses"are incorporated by referenceintothis resolution. Section 2;TheCity wishes toextendthecompletiondatefor FY 2004 CDBG contractfor ChurchStreet 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 amendment two for FY 2004 with MiamiDade County's Office of Community andEconomic Development.Thecontract amendment oneisattachedandincorporated by referenceintothis resolution as Exhibit 1. Section 4;This Resolution shallbe effective immediately upon adoption. 2004 CDBG Time Extension #2 Resolution Page 1 of 2 Res.No.05-06-12146 i'<illPASSEDANDADOPTEDthis//_day of ^ffisHMOAAA.*2006. APPROVED: VC^[Q^{\\JumJI^ YCLERK READ AND APPROVED AS TO FORM: ATTEST: COMMISSION VOTE:5-0 Mayor Russell:Yea ViceMayor Palmer:Yea Commissioner Wiscombe:Yea Commissioner Birts-Cooper:Yea Commissioner Sherar:Yea C:\Documents and Scttings\Aricke\My Documents\Word Documcnts\ResolutionCDBG2004GranlExLdoc 2004 CDBG Time Extension #2 Resolution Page2 of 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To:Honorable Mayor,ViceMayor&Date:January //2006 City Commission lJCFrom:Maria V.Davis MJ^ffUtV IX A9enda Kem #-City Manager y^^jy^^^Authorizing the City Manager to execute time extension contract amendment two with Miami-Dade County Officeof Community and Economic Development FY 2004 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 TWO 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 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)IN THE AMOUNT OF $95,000 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 $95,000 grant to the Cityin January 2004 for the Church Street Improvements (Phase II)fora twelve month period.However,due to contract execution delays by the County, the grant agreement documents were not finalized and received until April 2004,thus delaying the project start date by at least four months.Due to the delay,OCED agreed to amend the FY 2004 agreement completion date to coincide with that of the FY 2005 agreement to December 31,2005.However,due to additional delays from the county with the execution of the grant agreement documents,and with the impact of an unusually active and disruptive hurricane season,the project experienced more delays. As a consequence of these delays,OCED has agreed to amend the FY 2004 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 and allowing the contract period to coincide with the FY 2005 contract period. RECOMMENDATION: Itis recommended that the City Commission approve the attached resolution. South Miami 2001 *_*}.l ATTACHMENTfS): o Proposed Resolution oFY 2004 OCED Contract Agreement Amendment 1 o Approved Resolution No.2-04-11781 MVDXSRVJR C:\Documents and Settings\Jreve!o\My Documents\Agenda ftems\Comm Memo•OCED Time Extenstion 2005.doc 140 W.FLAGLER STREET,SUITE 1000 MIAMI,FL 33130-1561 December 20,2005 OFFICE 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 yourrecentlettertoextendthecontract completion datesforthetwoabove identified contracts from December 31,2005toJune30,2006.Itis noted that $1,511 has been drawn down on the fiscalyear2004contractand$902has been drawn down onthefiscalyear 2005 contract Your requestisapprovedsubjecttothe submission of arevisedscope of services to reflect the new time period,and if appropriate,arevisedbudget.Inaddition,a City of South Miami Resolution authorizing the amendments tothe two contracts isalsorequired.Please submit the first two items within two weeks and the resolution no later than January 16,2006. Every effort shouldbemadetodrawdownthesefundsassoonaspracticable.This course of action will prevent the recapture oftheaward. Please contact your contracts officer,Richard Hoberman,at 305-375-3472 if you have any questions. Zafar^AJjmed,Director Community Development Division ZA/RH C:\Doeuments and Settings\hober\Deslctop\rsh\CITY OFSMIAMI FT04 &FY0S CONTR EXT.LETR.docMr.CharlesF.Elsesscr Florida LegalServicesgabymydocuments /\LC C a-i\bi. RESOLUTION NO.24-05-12003 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT ONE WITH MIAMI-DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR TIME EXTENSION ON THE FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FOR CHURCH STREET IMPROVEMENT PHASE 2;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,onApril 6,2004,the Mayor andCity Commission obtainedgrant funds for Church Street Improvements (Phase II)from the Miami-Dade County Office of Community and Economic Development,whichfundingwastobe utilized for twelve month period,butthestatesDecember2004 completion date; WHEREAS,thecityhas experienced delays in making the expenditures under the grant because the City received the fuliy executed agreement from the County very late and the County staff agreed to combine the 2004 funding with2005 funding for more complete project,and WHEREAS,the underlying grant agreement is about to expire,and the Mayor and City Commission wish to maintain FY 2004 grant funds from Miami-Dade County Office of Community & EconomicDevelopmentsoastocompletetheprojectthatwasinitiated;and WHEREAS,itis necessary to extend the contract time for the FY 2004 Community Development Block Grant in order to accomplish the Church Street Improvement (Phase II). WHEREAS,the.cityhas contacted Miami Dade County Office of Community &Economic Development in order to obtain an extension on the grant funding deadline and the County has agreed tohonorthe request following the receipt of approved resolution bytheCity Commission; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF SOUTH MIAMI,FLORIDA,THAT: Section 1:Theabovewhereas clauses are incorporated byreferenceintothis resolution. Section 2.:The city desires to extend the contract time for FY 2004 CDBG funding from Miami Dade County Office of Community &Economic Development. Section 3:The Mayor and City Commission authorize the City Manager to execute Contract Amendment One with Miami-Dade County of Community Development,which contract is attached andincorporatedbyreferenceinto this resolutionasexhibit 1. Section4:This resolution shallbe effective immediately. Pg.2 of Res.No.24-05-12003 PASSED ANDADOPTEDthis IS day of February,2005. APPROVED:ATTEST: Maria Menendez,CityClerk READ AND APPROVED AS TO FORM: gTY^TTOKNEY Mary Scott Russell,Mayor Commission Vote:4 -1 Mayor Russell:Yea Vice Mayor Palmer:Yea Commissioner Wiscombe:Yea Commissioner Birts-Cooper:Yea Commissioner Sherar:NaY C:\Documents and Settings\Mmenende\Local SettingsXTemporary Internet Files\OUCA0\CDBG Amendment 1 2005.doc MIAMI,DADI COMMUNITY AND ECONOMIC DEVELOPMENT 140 W.FLAGLER STREET,SUITE 1000 MIAMI,FL 33130-1561 April 29,2005 Ms.Silvia Jarquin Grants Administrator City of South Miami 6130 Sunset Drive South Miami,Florida 33143 Dear Ms.Jarquin: "ICE OF COMMUNITY AND ECONOMIC DEVELOPMENT Director's Office PHONE:305-375-3431 FAX:305-375-3428 kfinnie@miamidade.gov www.co.miami-dade.fl.us/ced/ Re:FY 2004 CDBG Contract,Amendment One -$95,000 Iampleasedtoencloseafullyexecuted counterpart of Amendment OnetotheFY2004CDBG contract withtheCity of South Miami.The purpose of the amendment istoextendthe project's completion date from December 31,2004 to December 31,2005. If youhaveanyquestions,pleasecallmeat(305)375-3472. Sincerely, Richard Hoberman Contracts Officer Enclosure C:\WINDOWS\DesktopWORD PRO DOCUMENTS\OTY OFSOUTHMIAMI FY04 AMENDONEFIN LTR.doc LastsavedbyRichardHoberman4/29/05 2:36PM AMENDMENT ONE TO FY 2004 CDBG CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI TheFY2004 CDBG ContractbetweenMiami-DadeCountyandtheCity of SouthMiami executed on March 30th,2004,is amended as follows: 1.ParagraphIV.The Contractor and County Agrees: A.2.Effective Date ' This contract shallexpireonDecember 31,2005.. 2.The effective date ofthis amendment is December 31,2004 3.Attachments A&B are revised as indicated in Attachments A&B. Except for the.changes enumerated above,all other provisions ofthe contract shall remain in full force and effect. ThisAmendmentisherebymadea part of thecontract. THIS SPACE IS INTENTIONALLY LEFT BLANK INWTTNESS TfiEREC ,the parties hereto have caused this five1 A page amendment to be executed by their undersigned officials as duly authorized,this £I day ofAfiK*2005 CONTRACTOR: CITY OF SOUTH MIAMI BY: NAME:Maria Davis TITLE:City Manager DATE a:City Manager ATTEST: TITLE:CITY CLERK DATE: Federal ID Number:59-6000431 Resolution #:R-1448-03 Contractor's Fiscal Year Ending Date: '/ CORPORATE SEAL: MIAMI-DADE COUNTY BY:J^G-C^lL f NAME:George M.Burgess TTTLE:County Manager ,JJZ-^ TITLE:k,Board of County • AMENDMENTISNOTVALIDUNTIL SIGNED ANDDATED BYBOTH PARTIES MIAMI-DAD! COMMUNITY AND ECONOMIC DEVELOPMENT 140 W.FLAGLER STREET,SUITE 1000 MIAMI,FL 33130-1561 April 6,2004 Ms.Silvia Jarquin Grants Administrator City of South Miami 6130 Sunset Drive South Miami,Florida 33143 Dear Ms.Jarquin: Re:FY 2004 CDBG Contract -$95,000 --FFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT Director's Office PHONE:305-375-3431 FAX:305-375-3428 kfinnie@miamidade.gov www.co.mlami-dade.fl.us/ced/ Iampleasedto enclose afullyexecutedcounterpart of the FY 2004 CDBG contract with your organization.As areminder,progress reportsareduetendaysaftertheend of eachquarterly period.Failure tosubmitthese reports ona timely basiswilladverselyaffectyourrankingin next year's funding process. Ilookforwardto working withyouonthisproject.If youhaveanyquestionsorconcerns,please call me at(305)375-3472. Sincerely, K "Ap^^w-^A^ Richard Hoberman Contracts Officer Enclosure C:\WINDOWS\Desktop\WORD PRO DOCUMENTSVOTY IFSOUTHMIAMIFY04CDBGFinalContractLtr.doc LastsavedbyRichardHoberman 4/6704 2:50 PM CDBG FY 2004 Non-Profit FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI-DADE COUNTY AND City of South Miami This contract is entered into between Miami-Dade County,hereinafter referred to as the "County" and City of South Miami,aFloridanonprofitorganization,hereinafterreferredto as the "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 meetcommunity 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 II..The Contractor Agret A.The Contractor shall cany 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. 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. 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 ata 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)calendardays.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 Contractors shall indemnify andhold harmless the County andits officers, employees,agents and instrumentalities from any andall liability,losses or damages,including attorneys'feesand costs of defense,which theCountyorits officers,employees,agents orinstrumentalities may incurasaresult of claims, demands,suits,causes ofactionsorproceedings of any kindornaturearisingout of,relating toorresultingfromtheperformance of this Agreement bythe Contractoror its employees,agents,servants,partnersprincipalsor subcontractors.The Contractor shall pay all claims and losses in connection therewith andshall investigate and defend all claims,suits or actions of anykind 2 ornaturein <e name of theCounty,where app*jble,includingappellate proceedings,and shall payall 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 inno 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 by OCED.These will be used for monitoring progress,performance,and compliance with this contract and for compliance with applicable County andFederal requirements. 1.Certificates of Insurance -original to be received by OCED within the first month of this contract period and prior to payments made by the County and as they are renewed throughout this contract period. 2.Progress Reports a.The Contractor shall submit a status report using the form attached hereto as Attachment C,"Progress Report,"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(orasindicated)nolater than April12,2004,July 12,2004, October 12,2004 and January 12,2005. luarterlv 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 filequarterly 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, verifyingtheir participation in the contract workandtheirreceipt of such monies.For purposes of applicability,the requirements of this resolution shall be in addition to any other reporting requirements required by law,ordinance or administrative order. The Contractor shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I -Status of Contracted Activities: The Contractor must report specific information regarding the status of the contracted activities,including accomplishments and/ordelays encountered during the implementation of the project andan unduplicated count of clients served during the reporting period(ifapplicable)for each federally defined ethnic category. Contractors engaged in construction and/or housing rehabilitation projectsshallreportonthe progress oftheiractivities including the 3 .lumber of housing units completed anu occupied by 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 in the approved Scope of Services,must be addressed as part of this report. Section II -Fiscal Information: The Contractor must report expenditure information based on approved budgeted line Items to reflect all costs incurred during the reporting period.In addition,the Contractor shall report on Program Income Usage for each contracted activity. Section III -Minority Business Enterprise: Minority Business Enterprise Report (First and Third Quarter Progress Report)-The Contractor shall report to OCED the number of business activities involving minority vendors,including subcontractors performing work under this Agreement.The "Minority Business Enterprise Report"Section in Attachment C,and when applicable Section 3in the same Attachment shall be completed semiannually by the Contractor and submitted to OCED no later than April 12,2004 and October 12,2004. Section IV-Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report)-The Contractor shall report to OCED the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C,as it may be revised.This section of the form shall be completed semiannually by the Contractor and submitted to OCED no later than April 12,2004 and October 12, 2004.. The Contractor shall submit to the County,ina timely manner,any other information deemed necessary by the County,and its presentation shall comply with the format specified at the time of the request.Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Contractor in noncompliance with this Article.The County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this Contract by giving five days written notice of such action to be taken. c.Unspecified Site(s)Objective -If the Contractor has not yet identified a location to carry out any of the activities described in Attachment A,the Contractor shall submit,in triplicate,Progress Reports,using the form attached hereto as part of Attachment C,on a monthly basis until such time as the Contractor complies with the provisions contained within Section II,Paragraph D.4.of this contract.Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th)business day of each month and shall address the progress undertaken by the Contractor during the previous month.This Progress Report shall ..;0t be required if the Contractor is supl..ting the Progress Reports required by Section II,Paragraph D.2.a and Paragraph D.3. 3.Annual Report (Fourth Quarter Progress Report)-The Contractor shall submit a cumulative status report (hereinafter referred to as "Annual Report")using the "Progress Report"specified in Section II,Paragraph D.2.a.above,which shall describe the progress made by the Contractor in achieving each of the objectives identified in Attachment A during the previous year.The "Annual Report"must cover the CDBG fiscal year of January 1,2004 through December 31,2004 and shall be received by OCED no later than January 12,2005.. 4.Environmental Review -The Contractor immediately upon locating or determining a site for each of the "Unspecified Site"activities to be carried out pursuant to this contract,shall submit information detailing the location of each site for which a Site Environmental Conditions Statement,will be prepared as described in Article II,Section E.5.of this contract as set forth below.The Environmental Review is to be prepared on information contained in Attachment D,"Information for Environmental Review Form." Notwithstanding any provision of this Agreement,the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval,and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt bv fthe participating jurisdiction,insular area or state recipient!of a release of funds from the U.S.Department of Housinoand Urban Development Tor the State of....1 under 24 CFR Part 58.The parties further agree that the provision of anv funds to the project is conditioned on the [participating jurisdiction,insular area or state recipients'sT determination to proceed with,modify or cancel the project based on the results of a subsequent environmental review. 5.Audit Report -The Contractor shall submit to OCED an annual audit report In triplicate as required by Section II,Paragraph K of this contract,as set forth below. 6.Personnel Policies and Administrative Procedures -The Contractor shall submit detailed documents describing the Contractor's internal corporate or organizational structure,property management and procurement policies and procedures,personnel management,accounting policies and procedures,etc.Such information shall be submitted to OCED within 30 days of the execution of this contract. 7.Inventory Report -The Contractor shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section II,Paragraph T of this contract. 8.Affirmative Action Plan -The Contractor shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E.Participation >..ihe CDBG Program 1.The Contractor shall maintain current documentation that its activities meet one of the three (3)CDBG national objectives: a.To benefit low-and moderate-income persons; b.To aidin the prevention or elimination of slums or blight; c..To meet community development needs having a particular urgency. 2.For activities designed to meet the national objective of benefit to low-and moderate-income persons,the Contractor shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole orinpart with CDBG funds isan activity which provides benefit to no less than 51%of low-and moderate-income persons. 3.The Contractor shall comply with all applicable provisions of 24CFRPart 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein.If the Contractor is a primarily religious entity,it shall comply with all provisions of 24CFR 570.200 (|). 4.The Contractor agrees to comply with (a)the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended (URA),and implementing regulations at 49 CFR Part 24 and 24CFR 570.606(b):(b)the requirements of 24 CFR 570.606(c)governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d)of the HCD Act;and (c)the requirements in 570.606(d)governing optional relocation policies.(The County may preemept the optional policies).The Contractor shall provide relocation assistance to persons (families,individuals,businesses,non-profit organizations and farms)that are displaced as a direct result of acquisition,rehabllitaion,demolition or conversion for a CDBG assisted project The Contractor also agrees to comply with applicable County ordinances,resolutions and policies concerning the displacement of persons from their residences. 5.For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified,the Contractor shall obtain, immediately after a site is identified by the Contractor,OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 6.The Contractor shall cooperate with OCED in informing the appropriate CDBG citizen participation structures,including the appropriate area committees,of the activities of the Contractor in adhering to the provisions of this contract Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures,upon the request of the citizen participation officers,OCED,or the County. 7.The Contractor shall make a good faith effort to address the concerns of the residents of the affected area.The Contractor shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees,of the activities of the Contractor in adhering to the provisions of this contract.Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures,upon the request of the citizen participation officers,OCED,or the County. 8.For activities involving acquisition,rehabilitation and/or demolition of property and which require the relocation of families,individuals, businesses and/or industries,the Contractor shall submit a written notification to the Urban Development Division of OCED prior to relocating, evacuating,and/or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease.When the legality of an occupant (individual,family,business,and/or industry)isin 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 to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended. 9.The Contractor shall adopt Affirmative Marketing Procedures and requirements forCDBG assisted projects.These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services.The Contractor shall annually assess its affirmative marketing program to determine if the procedures used to comply 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 than 60 days from the date this Agreement,is executed. 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 of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal Agreement,the making of any federal grant,the making of any federal loan, the entering Into of any cooperative Agreement,and the extension, continuation,renewal,amendment,or modification of any federal Agreement,grant,loan,or cooperative Agreement 2.The Contractor shall disclose to OCEDif any funds other than federal appropriated funds have been paidorwill be paidto any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal Agreement,grant, loan,or cooperative Agreement,on a Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The Contractor shall ensure that the language in this Section II,Paragraph F.1.and F.2 be included in the award documents for all subawards at all tiers (including subcontracts,subgrants,and Agreements 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,and County Laws and 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 Contract Compliance Manual,which are incorporated herein by reference,receipt of which is hereby acknowledged, and as they may be revised. 2.TheContractorshall comply withSection504oftheRehabilitationActof 1973,as amended,which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964,as amended,which prohibits 7 discrin..nation on the basis of race,color,c.national origin;the Age Discrimination Act of 1975,as amended,which prohibits discrimination on the basisofage;Title VIII ofthe Civil RightsAct of 1968,as amended,and Executive Order11063 which prohibits discrimination in housing on the basis of race,color,religion,sex,ornational origin;Executive Order 11246, as amended which requiresequal employment opportunity;andwith the Energy Policy,amendedandConservationAct(Pub.L 94-163)which requiresmandatorystandardsandpolicies relating toenergyefficiency. The Provider also agrees to comply with the Domestic Violence Leave codified as 11A-60 et seq.of the Miami-Dade County Code,which requires an employer,who in the regular course of business has fifty(50)or more employees workingin Miami-Dade Countyforeachworkingdayduring each of twenty (20)ormorecalendarwork weeks toprovide domestic violence leave to its employees.Failure to comply with this locallaw may be grounds forvoidingorterminating this Agreement orfor commencement of debarment proceedings against the Provider. 3.If the amount payable to the Contractor pursuant to the terms of this contract isin excess of $100,000,the Contractor shall comply with all applicable standards,orders,or regulations,issued pursuant to Section 306 of the CleanAir Act of 1970(42U.S.C.1857 h),as amended;the Federal Water Pollution Control Act (33U.S.C.1251),as amended;Section 508 of the Clean Water Act (33U.S.C.1368);Environmental Protection Agency regulations (40 CFR Part 15);and Executive Order 11738. 4.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Contractor shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5.Americans with Disabilities Act (ADA)of 1990 -The Contractor shall attest to;and submit the required Disability Non-discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to,those provisions pertaining to employment, provisions and program services,transportation,communications,access to facilities,renovations,and new construction. 6.Affirmative Action/Non-Discrimination of Employment.Promotion,and Procurement Practices (Ordinance #98-30)-All firms with annual gross .revenues in excess of $5 million,seeking to contract with Miami-Dade County shall,as a condition of award,have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development.Said firms must also submit,as apart of their proposals/bids to be filed with the Clerk of the Board,an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make-up of the nation are exempt from this requirement and must submit, in writing,a detailed listing of their Boards of Directors,showing the race or ethnicity of each board member,to the County's Department of Business Development.Firms claiming exemption must submit,as apart of their proposals/bids to be filed with the Clerk of the Board,an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30.These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women-owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance.Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid/proposal. 8 Any bt~.>er/respondent which does not provide Ji affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7.Domestic Violence Leave Affidavit:Prior to entering into any contract with the County,afirm desiring to do business with the County shall,as a condition of award,certify that itisin compliance with the Domestic Leave Ordinance,99-5 and Section 11A-60 of the Miami-Dade County Code.This Ordinance applies to employers that have,in the regular course of business,fifty (50)or more employees working inMiamiDade County for each working day during each of twenty (20)or more calendar work weeks in the current or preceding calendar year.In accordance with Resolution R- 185-00,the obligation to provide domestic violence leave to employees shall be a contractual obligation.The County shall not enter into a contract with any firm that has not certified Its compliance with the Domestic Leave Ordinance.Failureto comply with the requirements of Resolution R-185-00, as well as the Domestic Leave Ordinance may result in the contract being declared void,the contract being terminated and/or the firm being debarred. 8.Code of Business Ethics:In accordance with Section 2-8.1(1)of the Code of Miami-Dade County each person or entitiy that seeks to do business with Miami-Dade County shall adopt a Code of Business Ethics ("Code")and shall,prior to execution of any 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).Any person or entity that fails to submit the required affidavit shall be ineligible for contract award. 9.Public Entity Crimes:Pursuant to Section 287.133(2)(a)of the Florida Statutes,a person or affiliate who has been placed on the convicted vendor list following a conviction fora public entity crime may not submit a contract to provide any goods or services to a public entity,may not submit a contract with a public entity for the construction or repair of a public building or public work,may not submit leases of real property to a public entity,may not be awardedor perform work as a contractor,supplier, subcontractor,or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY TWO($10,000)foraperiod of 36 months from the date of being placed on the convicted vendor list If any attesting firm,oranyowner,subsidiary,or other firmaffiliated with orrelated to the attesting firm,isfoundby the responsible enforcement agency,the Courts or the County to be inviolation of the Acts,the County will conduct no further business with such attesting firm.Any contract entered into based upon a false affidavit,as listed below,and submitted pursuant to this resolution shall be voidable by the County: 1.Miami-Dade County Ownership Disclosure Affidavit 2.Miami-Dade Employment Family Leave Affidavit 3.Miami-Dade Employment Drug-Free Workplace Affidavit 4.Miami-Dade Employment Disclosure Affidavit 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 Obligates Affidavit 12.ProjectFreshStart Affidavit 13.Domestic Violence Leave Affidavit 14.Code of Business Ethics Affidavit 15.Financial and Conflicts of Interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm haswiththe County,such contract shall be voidable bythe County,even ifthe attesting firm was not in violation atthe time it submitted its affidavit. The applicable Acts areasfollows: 1.The Americans with Disabilities Actof 1990 (ADA),Pub.L.101-336,104 Stat 327,42 U.S.C.12101-12213 and 47 U.S.C.Sections 225 and 611 including Title I,Employment;Title II,Public Services;Title III,Public AccommodationsandServicesOperatedby Private Entities;Title IV, Telecommunications;andTitle V,Miscellaneous Provisions. 2.The RehabilitationAct of 1973,29 U.S.C.Section 794; 3.The FederalTransitAct,as amended 49U.S.C.Section 1612; 4.The Fair Housing Actasamended,42 U.S.C.Section 3601-3631. H.Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation,only the conflicting provision shall be deemed bythe parties hereto tobe modified tobe consistentwiththe law or regulation ortobedeletedif modification is impossible. However,the obligations under this contract,as modified,shall continue and all other provisions ofthis contract shall remain in full force andeffect. I.Board of Directors IftheContractorisaCommunityDevelopment Corporation (CDC),OCED shall havethe option to appoint a representative tothe Contractor's board of directors. This representative shall notbe considered in the counting ofa quorum and shall have no voting privileges. J.Construction If the Contractor engagesin,procures,ormakesloansforconstructionwork,the Contractor shall: 1.Contactthe OCED representativenotedin Section IV,Paragraph Kofthis contract,prior to taking any action,toscheduleameetingto receive compliance information. 2.Comply with the Contractor's procurement and pre-award requirements and procedures which,ata minimum,shall adhere to all applicable federal standards. 3.Complywiththe Davis-Bacon Act;Copeland Anti-Kick BackAct;Contract WorkHoursand Safety Standards Act;andLead-BasedPaintPoisoning Prevention Actas amended on September 15,1999;and other related acts, as applicable. 4.Submit to OCED for written approval all proposed Solicitation Notices, Invitations forBids,and Requests for Proposals priorto publication. 5.Submit toOCEDall construction plans and specifications and receive OCED's approval prior to implementation. 10 6.Contact the OCED representative noted in Section IV,Paragraph K,prior to scheduling a pre-construction conference.In accordance with industry standards,OCED will hold 10%of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. K.Audits and Records 1.Nonprofit organizations that expend $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A-133.Nonprofit organizations expending federal awards of $300,000 or more under only one federal program may elect to have a program-specific audit performed,in accordance with OMB A-133. Contractors who will be receiving,or who have received,federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2.Nonprofit organizations that expend less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133,although their records must be available for review (e.g., inspections,evaluations).These agencies are required byOCED 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 ofOMBA-133 apply,or when the Contractor elects to comply withOMBA-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 inOMBA-133.A copy of the audit report in triplicate must be received by OCED no later than six months following the end of the Contractor's fiscal year. 4.If an audit is required by Paragraph K of this contract,but the requirements of OMBA-133 do not apply or are not elected,the 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-federai assistance has been received.In either case,each audit shall cover a time period of not more than twelve (12)months and an audit shall be submitted covering each assisted period untilall the assistance received from this contract has been reported on.Each audit shall adhere toall other audit standards of OMBA-133,as these may be limited to cover only those services undertaken pursuant to the terms of this contract.A copy of the audit report in triplicate must be received byOCEDno later than six months following each audit period. 5.The Contractor shall maintain all Contract Records in accordance with generally accepted accounting principles,procedures,and practices which shall sufficiently and properly reflectall revenues and expenditures of funds provided directly orindirectlybythe County pursuant to the terms of this contract 11 6.The C..tractor shallmaintainall Contract K.^ords that document all actions undertaken to accomplish the "Scope of Services"outlined in 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,or audit by Countyand federal personnel andanyother personnel duly authorized by the County. 8.The Contractor shall include inallOCED approved subcontracts used to engagesubcontractorsto carry outany eligible substantive programmatic services,as such services aredescribedinthiscontractanddefinedby OCED,eachofthe record-keeping andauditrequirementsdetailedinthis contract.OCED shall,inits sole discretion,determine when services are eligible substantive programmatic servicesandsubjecttotheauditand record-keeping requirements described above. 9.The County reserves therighttorequiretheContractorto submit toan auditbyAuditand Management ServicesorotherauditoroftheCounty's choosing attheContractor's expense.TheContractorshallprovide access to all of its records,which relate directly or indirectly to this Agreement at itsplaceof business during regular business hours.TheContractorshall retainall records pertainingtothis Agreement and upon request make them availableto the County for three yearsfollowing expiration of the Agreement TheContractoragreestoprovide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10.The Contractor shall ensure that its auditors share their audit results with OCED.This will include their completion of the monitoring instrument at the timethat the agency undergoes itsannualauditor reduced scope audit The auditors must submit the completed monitoring instrument and the audit reportto OCED withinsix months after the conclusion of the audit period. L.Retention of Records 1.The Contractor shall retain all Contract Records fora period of at least five (5)years(hereinafter referred toas "Retention Period")subject tothe limitations set forth below: a.For all non-CDBG assisted activities,the Retention Period shall begin upon the expiration or termination of this contract b.ForCDBG assisted public service activities,the Retention Period shall begin upon the date of U.S.HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity isreportedas completed.For each public service activity, the Contractor must retain all contract records except those relating to real and nonexpendable personal property. c.For all other CDBG assisted activities,the Retention Period shall begin upon U.S.HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time.For all the CDBG assisted activities covered by this Section II,Paragraph L.1.C.,the Contractor must retain all contract records except those relating to real and nonexpendable personal property. d.For all CDBG assisted activities,the Retention Period for all contract records relating to real and nonexpendable personal 12 property shallbegin upon the date of t.J final disposition of the property. 2.If the County or the Contractor have received or given notice of any kind indicating any threatened or pending litigation,claimor audit arising out of the services provided pursuant to the terms of this contract,the Retention Period shall be extended until such time as the threatened or pending -litigation,claimorauditis,inthe sole and absolute discretion of OCED, fully,completely and finally resolved. 3.The Contractor shall allow the County,federal personnel,or any person authorized by the County full access toand the rightto examine any of the contract records during the required Retention Period. 4.The Contractor shall notify OCED inwriting,bothduring the pendency of this contract and after its expiration as part of the final closeout procedure, of the address where all contract records will be retained. 5.The Contractor shall obtain written approval of OCEDprior to disposing of any contract recordswithinoneyearafterexpiration of the Retention Period. M.Provision of Records 1.The Contractor shall provide toOCED,upon request,all contract records. These records shall become the property of OCED without restriction, reservation,or limitation of their use.OCED shall have unlimited rights to all books,articles,or other copyrightable materials developed for the purpose of this contract.These unlimited rightsshall include the rights to royalty-fees;nonexclusive,andirrevocable license toreproduce,publish, or otherwise use,and to authorize others to use,the information for public purposes. 2.If the Contractor receives funds from,or is under regulatory control of, other governmental agencies,and those agencies issue monitoring reports, regulatory examinations,orothersimilarreports,the Contractorshall provide a copy of each reportandanyfollow-up communications and reports to OCED immediately upon such issuance unless such disclosure isa violation of the rules or policies of the regulatory agencies issuing the reports. 3.MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2-1076 of the Code of Miami-Dade County,as amended byOrdinanceNo.99-63,Miami-Dade Countyhas established the Office of the Inspector Generalwhichmay,onarandom basis,perform audits onall County contracts,throughout the duration of said contracts, except as otherwise providedbelow.The cost of theaudit of anyContract shall be one quarter (1/4)of one (1)percent of the total contract amount which cost shall be included in the total proposed amount The audit cost willbe deducted by the County from progress payments to the selected Contractor.The audit cost shall also be included inall change orders and all contract renewals and extensions. Exception:Theaboveapplication of onequarter (1/4)of one percentfee assessment shall not apply to the following contracts:(a)IPSIG contracts; (b)contractsfor legal services;(c)contractsfor financial advisoryservices; (d)auditingcontracts;(e)facility rentalsandleaseagreements;(f) concessions and other rental agreements;(g)insurance contracts;(h) revenue-generating contracts;(I)contracts where an IPSIG is assigned at the time the contract is approved by the Commission;fl)professional 13 servicv .greements under $1,000;(k)manage,int agreements;(I)small purchaseordersasdefinedin Miami-Dade County AdministrativeOrder 3-2; (m)federal,state andlocal government-funded grants;and(n)interlocal agreements.Notwithstandingthe foregoing,the Miami-Dade CountyBoard of County Commissioners mav authorize the inclusion of the fee assessment of one quarter (1/4)of one percent in any exempted contract at the time of award. N.Prior Approval The Contractor shall obtain written approval fromOCEDprior to undertaking any of the following: 1.The engagement or execution of any subcontracts)or contract assignments,wherein CDBG funds willbe used topayfor goods or services.The contractor must submit all proposed agreement documents to OCEDat least thirty (30)days prior to the start date of the agreement 2.The addition of any positions not specifically listed in the approved budget. 3.The modification or addition of all job descriptions. 4.The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5.The disposition of allreal,expendable personal,and nonexpendable personal property as defined in Section II,Paragraph T.1.of this contract. 6.Out-of-town travel not specifically listed in the approved budget. 7.The disposition of program income not specifically listed in the approved program income budget. 8.The publication of proposed Solicitation Notices,Invitations for Bids and Requests for Proposals as provided forin Section II,Paragraph J of this 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,and services of the Contractor which are in any way connected to the activities undertaken pursuant to the terms of this contract,and/or to interview any clients,employees, subcontractors,or assignees of the Contractor.Following such inspection or interviews,OCED will deliver to the Contractor a report of its findings,and the Contractor will rectify all deficiencies cited by OCED within the specified period of time set forth in the report,or provide OCED with a reasonable justification for not Correcting the deficiencies.OCED will determine,in its sole and absolute discretion,whether or not the Contractor's justification is acceptable or if the Contractor must,despite the justification,rectify the deficiencies cited by OCEDin its report. P.Conflict of Interest The Contractor agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies)and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any 14 financial inters,direct or indirect,which would confliu.m any manner or degree with the performance of services requried under this Agreement The Contractor further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Contractor hereunder.These conflict of interest provisions apply to any person who is an employee,agent,consultant,officer,or elected officialor appointed official of the County,or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Contractor shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards.The Contractor shall make such disclosure in writing to OCED immediately upon the Contractor's discovery of such possible conflict.OCEDwill then render an opinion which shall be binding on all parties. 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 organization with overlapping boards of directors,andan 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 quarterly in the required Progress Report 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 the support of all contracted activities.This isto include,but is not limited to,all posted signs,pamphlets,wall plaques, cornerstones,dedications,notices,flyers,brochures,news releases,media packages,promotions,and stationery.All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must aiso meet the standard specifications as established by OCED.The use of the official Miami Dade OCED logo is 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 shallbepaintedand lettered in accordance with professional outdoor sign painting standards asto layout,symmetry,proportion,clarity and neatness and use of weather-resistant colors and materials.The Contractor shall place the signs,securely braced and mounted,as shown on the typicalproject sign placement diagramor as directed by the engineer.All materials shall be provided by the Contractor and the signs shall remain in the property of the Owner at the completion of the contract NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE.THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.For this project signs will be required. Payment forfurnishing,installingand maintaining the sign 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 15 businesses,a».«/to providethese sources themaximu..i feasibleopportunityto compete for subcontracts tobe procured pursuant tothis contract.Tothe maximum extent feasible,these businesses shallbelocated In or owned by residents oftheCommunityDevelopmentareasdesignatedby OCED in the CDBG application approved bythe supervising federal agency. The Contractor shall assure that all subcontracts orthirdparty agreements contain provisions with stated goals,that low-income residents from Community Development Target and Service Areas be provided with opportunities for employment andtrainingin contracted activities. 1.In conformance with Section 3 of the Housing and Community Development Act of 1968,theContractor must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given tolowandvery low-income persons,particuiariy thosewhoarerecipients of governmentassistance for housing according tothe guidelines mentioned below: A.The work tobeperformed under this contract is subject to the requirementsofsection3ofthe Housing and Urban DevelopmentAct of 1968,asamended,12 U.S.C.170lu (section3).The purpose of section 3is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3,shall,to the greatest extent feasible,bedirectedtolow-and very low-income persons,particuiariy personswhoarerecipientsof HUD assistance for housing. B.Thepartiestothiscontractagreeto comply with HUD's regulationsin24 CFRpart135,whichimplement section 3.As evidenced bytheir execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers'representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications foreach;andthenameandlocation of the person(s)taking applications foreach of the positions;and the anticipated date the work shall begin. D.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in24CFRpart135,and agrees to take appropriate action,as provided inan applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E.The contractor will certify that any vacant employment positions,including training positions,that arefilled(1)after the contractor is selected but before the contract is executed,and (2)with persons other than those to whom the regulations of 24CFRpart 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. 16 F.Nonco.fiance with HUD's regulations in24 L.A part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G.With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act (25 U.S.C.450e)also applies to the work to be performed under this contract.Section 7(b)requires that to the greatest extent feasible (i)preference and opportunities for training and employment shall be given to Indians,and (ii)preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). H.Fair Subcontracting Policies (Ordinance 97-35) All Contractors on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97-35 as amended,requiring Contractors to provide a detailed statement of their policies and procedures for awarding subcontracts which: a)notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b)invites local subcontractors to submit bids/proposals inapractical, expedient way; c)provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid/proposal; d)allows local subcontractors to meet with appropriate personnel of the Contractor to discuss the Contractor's requirements;and e)awards subcontracts based on full and complete consideration of ail submitted proposals and in accordance with the Contractor's stated objectives. All Contractors seeking to contract with the County shall,as a condition of award,provide a statement of their subcontracting policies and procedures (see attached FormA-7.2).Contractors who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local"means having headquarters located in Miami-Dade County or having a place of business located inMiami-Dade County from which the contract or subcontract will be performed. The term "subcontractor"means a business independent of a Contractor that may agree with the Contractor to perform a portion of a contract The term "subcontract"means an agreement between a Contractor and a subcontractor to perform a portion of a contract between the Contractor and the County. T.Property 1.Definitions a.RealProperty:Land,land improvements,structures,fixtures and appurtenances thereto,excluding movable machinery and equipment. 17 b.^rsonal Property:Personal property .anykindexcept real property. 1)Tangible:All personal property having physical existence. 2)intangible:All personal property having no physical existence such as patents,inventions,and copyrights. c.Nonexpendable Personal Property:Tangible personal property ofa nonconsumable nature,witha value of $750or more perItem,with a normal expected life ofoneormore years,not fixed in place,and not an integral part ofa structure,facility or another piece of equipment d.Expendable Personal Property:All tangible personal property other than nonexpendable property. 2.The Contractor shallcomplywiththerealpropertyrequirementsasstated below: a.Any real property under the Contractor's control thatwas acquired or improved inwholeorin part with CDBG funds received from OCED in excess of $25,000 shall be either: 1)Used tomeetoneofthethree (3)CDBG national objectives followingtheexpirationor termination of this contract,or for such longerperiod of timeas determined by OCED inits sole and absolute discretion;or 2)Not usedtomeetoneofthethree (3)CDBG National Objectives.In the event thepropertyisnotusedto meet one of the national objectives forfive(5)years following the expirationortermination of thiscontractor such longer periodasdeterminedbyOCED-then the Contractorshallpay toOCEDan amount equal to the market value of the propertyasmaybedeterminedby OCED inits sole and absolute discretion,less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of,or improvement to,the property. Reimbursement is not required after the period of time specified in Paragraph T.2.a.1.,above. b.Any real propertyunderthe Contractor's controlthatwasacquired orimproved in wholeorin part with CDBG funds from OCED for $25,000 or less shallbe disposed of,at the expiration ortermination of this contract,in accordance with instructions fromOCED. c.All real propertypurchasedin whole orinpartwithfundsfrom this andprevious contracts with OCED,ortransferredtotheContractor afterbeing purchased inwholeorinpartwithfundsfrom OCED, shall be listed in the property records of the Contractor and shall include alegal description;size;date of acquisition;value at time of acquisition;present marketvalue;present condition;address or location;owner's name if different from the Contractor;information on the transfer or disposition of the property;and map indicating whether propertyisinparcels,lots,or blocks and showing adjacent streets and roads.The property records shall describe the programmatic purpose for which the property was acquiredand identify the CDBGnational objective that willbe met.If the property was improved,the records shall describe the programmatic 18 ^arpose for which the improvements viw.e made and identify the CDBG national objective that will be met d.All real property shall be inventoried annually by the Contractor and an inventory report shall be submitted to OCED.This report shall include the elements listed in Paragraph T.2.C.,above. 3.The Contractor shall comply with the nonexpendable personal property requirements as stated below: a.All nonexpendable personal property purchased in whole or inpart with funds from this and previous contracts with OCED shall be listed in the property records of the Contractor and shall include a description of the property;location;model number;manufacturer's serial number;date of acquisition;funding source;unit cost at the time of acquisition;present market value;property inventory number;information on its condition;and information on transfer, replacement,or disposition of the property. b.All nonexpendable personal property purchased in whole or inpart with funds from this and previous contracts with OCED shall be inventoried annually by the Contractor and an inventory report shall 'besubmittedto OCED.Theinventoryreportshallincludethe elements listed in Paragraph T.3.a.,above. c.Title (ownership)toall nonexpendable personalproperty purchased in whole orin part with funds given to the Contractor pursuant to the terms of this contract shall vest in the County and OCED. 4.The Contractor shall obtain prior written approval fromOCEDfor the disposition of real property,expendable personal property,and nonexpendable personal property purchased in whole orinpart with funds given to the Contractor or subcontractor pursuant to the terms of this contract The Contractor shall dispose of all such property in accordance with instructions fromOCED.Those instructions may require the return of all such property to OCED. U.Program Income 1.Program income as defined in24CFRPart570.500 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 withCDBG funds,the income shall be prorated to reflect the percentage of CDBG funds used. 2.If the Contractor generates program income,the Contractor may retain the program income and use itfor costs thatareinadditionto the approved costs of this contract,provided that such costs specifically further the objectives of.this contract.These additional costs need not be of akind that would be permissible as charges to this contract.However,the Contractor shallnot,under any circumstances,use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules,or any County rules or ordinance. a.The Contractor shall comply with the program income provisions in OCED's Contract Compliance Manual.If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract,the provisions of this contract shall rule. 19 \1 b.i lie Contractor shall report to OCED all Cu.iiulative program income generated from activities financed inwholeorin part byfunds from this contract.This information must be submitted quarterly as part of the Fiscal Section of the Contractor's Progress Report as outlined in Section II,Paragraph D.2.a. c.The Contractor shallreportprogram income foraslongasit receives and/or has control over program income generated from this and any previous contracts with OCED. d.TheContractorshallprovideto OCED awritten explanation of the activities to be assisted with program income and shall obtain OCED's writtenapproval prior toimplementing those activities.All provisionsofthiscontractshallapplytoanyactivityperformed using program income. e.Subject to the limitations set forthin this paragraph,the Contractor may use programincometofundany CDBG eligibleactivityas provided for and defined by 24CFRPart570 etseq. f.Program income fromarevolvingloanactivity must be used only for the same revolving loan activity. g.Program income from arevolvingloanactivity,such asloan repayments,interest earned,latefees,and investment income,shall be substantially disbursed to eligibleloans,loan-related programmatic costs,andoperational costs forthe same revolving loan activity before the Contractor may request additional CDBG funds for that activity. h.Allprogram income from nonrevolving loan activities shall be substantially disbursed tocarry out other OCED approved CDBG eligible activities,and to cover operational costs before requesting additional CDBG funds. i.Any proceeds from the sale of property as detailed in Section II, Paragraph T.4.,above,shall be considered program income. j.The Contractor shallobtain,aspart of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3.Upon expiration or termination of this contract orat the end of any program year,the Contractor shall transfer to the County any program income funds on hand,and any program income accounts receivable to any CDBG funded activities.OCED may require remittance of allor part of any program income balances (including investments thereof)heldby the Contractor (except those needed for immediate cash needs,cash balances of revolving loanfund,cash balances froma lump sum drawdown,or cash or investments held for Section 108 security needs). 4.OCED,in its sole and absolute discretion,reserves the right to pursue other courses of action in the retention and use of program income generated by the Contractor,and such action shall not require an amendment to this contract V.Travel The Contractor shall comply with the County's travel policies.Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual. 20 W.Subcontracts and Assignments 1.Unless otherwise specified in this contract,the Contractor shall not subcontract any portion of the work without the prior written consent of the County.Subcontracting without the prior consent of the County may result in termination of the contract for breach.When Subcontracting is allowed, the Contractor shall comply with County Resolution No.1634-93,Section 10-34 of the County Code and Section 2-8.8 of the County Code.The Contractor shall ensure that all subcontracts and assignments: a.Comply with all requirements and regulations specified in OCED's Contract Compliance Manual b.Identify the full,correct,and legal name of the party; c.Describe the activities to be performed; d.Present a complete and accurate breakdown of its price component; e.Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service,as may be defined by OCED,set forth in this contract.OCED shall in its sole discretion determine when services are ellgibie substantive programmatic services and subject to the audit and record-keeping requirements described above,and; f.Result from an open competitive bid process generating a minimum of three bids.Such competitive process shall be described in writing,approved by the Board of Directors and a copy of which submitted to OCED.In such circumstances that open,competitive bids are not feasible or that a minimum of three bids are unobtainable,permission to use other methods of award must be requested in writing and approved by OCED prior to the assignment or award of subcontract The Contractor agrees that no assignment or sub-contract will be made or let in connection with the Agreement without the prior written approval of OCED,which approval shall not be unreasonably withheld,and that all such sub contractors or assignees shall be governed by the terms and intent of this Agreement g.Incorporate the language of Attachment E,"Certification Regarding Lobbying." 2.The Contractor shall incorporate inall consultant subcontracts this additional provision: The Contractor is not responsible for any insurance or other fringe benefits,e.g.,social security,income tax withholdings,retirement or leave benefits,for the Consultant or employees of the Consultant normally available to direct employees of the Contractor.The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 21 3.TheCractorshall be responsible for m .taring the contractual performance of all subcontractsandtheir progress toward meetingthe approved goals and objectives indicated inthe attached Scopeof Services. 4.The Contractor shall receive fromOCED written prior approval for any subcontractengaginganypartywhoagreestocarryoutany substantive programmatic activities asmaybe determined by OCED as described in thiscontract.OCED's approvalshallbeobtained prior to the releaseofany funds to the subcontractor. 5.The Contractor shall receive written approval from OCED priorto either assigningor transferring any obligations or responsibility set forth inthis contractortherighttoreceive benefits or payments resultingfromthis contract. 6.Approval by OCED ofanysubcontractorassignmentshallnotunderany 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 $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials,the Contractor shallprovidethenames of the subcontractors and suppliers to OCED. 8.The Contractor agrees that itwill not change or substitute subcontractors or suppliers fromthelist without priorwrittenapprovalfrom OCED. X.Additional Funding The Contractor shall notify OCED of any additional funding received for any activitydescribedinthiscontract.Suchnotificationshallbeinwritingandreceived by OCED withinthirty (30)days of theContractor'snotificationbythefunding source. Y.Method of Payment The Contractor shall be paid as described below: 1.The Contractor shall be paidfor those expenses allowed pursuant to the provisions provided below only when the Contractor submits to OCED adequate proof,as determined by OCED inits sole discretion,thatthe Contractor has incurred the expenditures.It shall be presumed that the Contractor has provided adequate proof of having incurred expenses if the Contractor submits to OCED canceled checks or original invoices approved by the Contractor's authorized representative.When original documents cannot be presented,the Contractor must adequately justify their absence in writing and furnish copies of those documents to OCED.The Contractor shall be paid only for those expenditures contained within Attachment B, "Budget,"to this contract asit may be revised with the priorwritten approval by OCED. 2.Requests for payment (reimbursement)shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurredby the Contractor must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred.Failure to comply will result in rejection of invoices. 3.In no event shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder,nor shall the Contractor advance CDBG funds to any party. 22 4.Anypa.antdueunderthetermsofthis contrav naybewithheldpending thereceiptandapprovalby OCED of all reportsand documents which the Contractorisrequiredto submit to OCED pursuant to the terms of this contract or any amendments thereto. 5.All payments willbelimitedtothequarterlypayment schedule that accompanies theaction step chartinthe scopes of service andpaymentis contingent on the achievement bytheContractor of the quarterly accomplishmentlevels identified inthe scope ofservicesportionofthis agreement -Attachment "A."The Director orhis designee hastheauthority to waive this requirement at his discretion. 6.Nopayment(s)willbemadewithout evidence of appropriate insurance required bythis contract Suchevidence must beonfilewith OCED and theCounty'sRisk Management Division.OCED must receivethe final requestforpayment from the Contractor nomorethanthirty (30)calendar daysaftertheexpirationortermination of this contract If the Contractor failsto comply with this requirement,theContractorwillforfeit ail rightsto payments)ifOCED,inits sole discretion,so chooses. 7.All monies paid to theContractorwhichhavenot been used toretire outstandingobligations of thiscontract must berefundedto OCED in accordance with OCED's Contract Compliance Manual. 8.Anyunexpendedfunds remaining afterthecompletionoftheservices under this contract,or after termination of this contract,shall be recaptured infull by the County. Z.Reversion of Assets The Contractor shallreturnto OCED,upon the assets owned or held as a result of this contract,including,but notlimitedtoany funds on hand,any accounts expiration or termination of this contract,all receivable attributable to these funds, mortgages,notes,andother collateral andany overpayments duetounearned funds or costs disallowed pursuant to the terms of this contract that were disbursed totheContractorbytheCounty.TheContractorshallwithinthirtydays of expirationortermination of thiscontract execute any andall documents as required bytheCountytoeffectuatethe reversion of assets.Anyfundsnotearned, asdescribedandprovidedforin OMB A-122,bytheContractorpriortothe expirationortermination of thiscontractshallberetained by OCED. III.The County Agrees: Subjecttothe availability of funds,to pay for contracted activities according totheterms andconditionscontainedwithinthiscontractinanamountnottoexceed 95000. IV.The Contractor and OCED Agree: A.Effective Date 1.ThiscontractshallbeginonJanuary1.2004.Any costs incurredbythe Contractorpriorto this datewillnotbe reimbursed by the County. \on (Vidb\/\r \2-[This contract shall expire on December 31.2004.Any costs incurred by the &X)L Vl/>W\W^\.I Contractor beyond this date will notbe reimbursed bythe County.The /wvftA All (VWL -I term of this agreement and the provisions herein shall be extended to cover /YYWVMAA'any add|tonal time period during which the Contractor remains in control of n$3j\\£~\p*^C^1 the CDBG funds or other assests,Including program income to support^h^dAJtL \CDBGe..8lb,eac.Mtes. 3 0&o SLOGS' 23 3.This c /act may,at the sole and absolute dL etion of the County and OCED,remain in effect during any period that the Contractor has control over contract funds,including program income.However,the County shall have no obligation or responsibility to make any payment,except those described within Section II,Paragraph Y,or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. B.Suspension 1.OCED may,for reasonable causes,temporarily suspend the Contractor's operations and authority to obligate funds under this contract or withhold payments to the Contractor pending necessary corrective action by the Contractor or both.Reasonable cause shall be determined by OCED,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 to materially comply with any term or 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 apply to only part or all of the activities funded by this contract. 3.OCED will notify the Contractor of the type of action to be taken in writing by certified mail,return receipt requested,or in person with proof of delivery.The notification will include the reason(s)for such action,the conditions of the action,and the necessary corrective action(s).OCED will give the Contractor reasonable opportunity to rectify any action or inaction referenced above. C.Termination 1.Termination at Will This contract,in whole or in part,may be terminated by OCED upon no less than ten (10)working days notice when OCED determines that it would be in the best interest of OCED and the County.Said notice shall be delivered by certified mail,return receipt requested,or in person with proof of delivery. 2.Termination for Convenience OCED may terminate this contract,in whole part,when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds.Both parties shall agree upon the termination conditions.OCED,at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice.Upon receipt of such notice,the Contractor shall not incur any additional costs under this contract.OCED shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination.OCED shall be the sole judge of "reasonable costs." 24 3.Termin in Because of Lack of Funds in the event of afundingshort-fall,ora reduction infederal appropriations, or should fundstofinancethis contract become unavailable,OCED may terminate thiscontract upon no less than twenty-four (24)hours written notificationtothe Contractor.Saidnoticeshallbedeliveredbycertified mail,returnreceipt requested,orinpersonwithproof of delivery.OCED shall be the final authority to determine whether or not funds are available. OCED may atitsdiscretionterminate,renegotiate and/or adjust the contract award whichever Isin the best interest of the County. 4.Termination for Substantial Funding Reduction in the event of a substantial funding reduction of the allocation to the Contractor through Board of County Commissioners'action,the Contractor may,at its discretion,request in writing from the Director of OCEDa release from its contractual obligations to the County.The Director of OCED willreviewthe effect of the request on the community and the County prior to making afinal determination. 5.Termination for Breach OCED may terminate this contract,in whole orinpart,when OCED determines,initssoleand absolute discretion,that the Contractoris not making sufficient progress thereby endangering ultimate contract performance,orIsnotmaterially complying with any term or provision of this contract. Unless the Contractor'sbreachis waived by OCED inwriting,OCED may, by written notice to the Contractor,terminate this contract upon no less than twenty-four (24)hours notice.Said notice shallbe delivered by certified mail,return receipt requested,orin person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract.The provisions herein do not iimit OCED's right to legal or equitable remedies. 6.Penalties forFraud Misrepresentation or Material Misstatement in accordance with the Code of Miami-Dade County,Section 2-8.4.1,any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud,misrepresentation ormaterial misstatement,'shall have its contract with the County terminated,whenever practicable,as determined by the County.The County may terminate or cancel any other contracts which such individual or other subcontracted entity has with the County.Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation,including attorney's fees.The foregoing notwithstanding,any individual or entity who attempts to meet it contractual obligations with the County through fraud,misrepresentation or material misstatement may be disbarred from County contracting for up to five (5)years. 7.Payment Settlement If termination occurs,the Contractor willbepaidfor allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D.Renegotiation or Modification 25 Modifications of provisions of this contract shall be valid only when in writing and signed by dulyauthorized representatives of each party.The parties agree to renegotiate this contract if OCED determines,in its sole and absolute discretion, that federal,state,and/or County revisions of any applicable laws or regulations,or increases or decreases in budget allocations make changes in this contract necessary.OCED shall be the final authority in determining whether or not funds for this contract are available due to federal,state and/or County revisions of any applicable laws or regulations,or increases in budget allocations. E.Right to Waive OCED may,for good and sufficient cause,as determined by OCEDin its sole and absolute discretion,waive provisions in this contract or seek to obtain such waiver from the appropriate authority.Waiver requests from the Contractor shall be in writing.Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract,or OCED's waiver of a provision on any one occasion,shall not constitute a waiver of such rights or provision on any other occasion.No failure or delay by OCEDin the exercise of any right shall operate as a waiver. F.BudgetRevisionsandChangestothe CDBG Eligibility ActivityTitle 1.Revisions to the Budget (Attachment B)shall be requested in writing and must comply with OCED's Contract Compliance Manual.These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED.All budget revisions shall require the written approval of OCED. 2.Budget Revisions Through County Resolution Should a portion of the funding allocation to the Contractor be rescinded by action from the Board of County Commissioners,written notification via certified mail to the Contractor advising of the funding reduction shall be sent by OCED no later than 5 working days of the action;written notification will constitute a contract amendment.The Contractor will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments.Should the modified budget not be received within the specified time,OCED will revise the budget at its discretion.OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A).Revisions to the Scope of Services,when required,will be negotiated to the mutual satisfaction of both parties. 3.Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G.Disputes In the event an unresolved dispute exists between the Contractor and OCED,OCED shallrefer the questions,including the views of all interested parties and the recommendation of OCED,to the County Managerfor determination.The County Manager,oran authorized representative,will issue a determination within thirty (30)calendar days of receipt and so advise OCED and the Contractor,or in the event additional time is necessary,OCED will notify the Contractor within the thirty (30)day period that additional time is necessary.The Contractor agrees that the County Manager's determination shall be final and binding on all parties. H.Headings 26 The section and paragraph headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract 1.Minority Participation In order to gain greater Black business participation,the Contractor may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J.Proceedings This contract shall be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties,in any manner pertaining or relating to this contract,shall,to the extent permitted by law,be held in Miami- Dade County,Florida. K.Independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order 3-20,the Contractor is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"),whenever the County deems it appropriate to do so.Upon written notice from the County,the Contractor shall make available to the IPSIG retained by the County,all requested records and documentation pertaining to this Agreement for inspection and reproduction.The County shall be responsible for the payment of these IPSIG services,and under no circumstance shall the Contractor's prices and any changes thereto approved by the County,be inclusive of any charges relating to these IPSIG services.The terms of this provision herein,apply to the Contractor,its officers,agents,employees, subcontractors and assignees.Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations,activities and performance of the Contractor in connection with this Agreement.The terms of this Article shall not impose any liability on the County by the Contractor or any third party. L.Notice and Contact OCED's representative forthis contract is Richard Hoberman.The Contractor's representative forthis contract is Silvia Jarquin.The Contractor's principal office is at 6130 SUNSET DR,SMIAMI,FL 33143. In the event that different representatives are designated by either party after this contract is executed,or the Contractor changes its address,notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract M.Name and Address of Payee When payment is made to the Contractor's assignee,the name and address of the official payee is:N/A N.Waiver of Trial Neither the Contractor,subcontractor,nor any other person liable for the responsibilities,obligations,services and representations herein,nor any assignee,successor,heir or personal representative of the Contractor, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit,proceeding,counterclaim or any other litigation procedure based upon or arising out of this Contract,or the dealings or the relationship between or among such persons or entities,or any of them.Neither Contractor,subcontractor,nor 27 any such persor entity will seek to consolidate any >,h actionin which a jury trial has been waived.The provisions of this paragraph have been fully discussed by thepartieshereto,and the provisions hereof shallbe subject tono exceptions. Nopartyhasinany way agreedwithor represented to any other partythat the provisions of this paragraphwill not befully enforced inall instances. O.Assignment The Contractor shall not assign,transfer,hypothecate or otherwise dispose of this contract,including any rights,titleor interest therein,orits power to execute such contract to any person,company or corporation without the prior written consent of the County. P.All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A-Scope of Services; Attachment A1-Action Steps;Attachment B-Budget;Attachment B-1 Idemnification and Insurance Requirements;Attachment C-Progress Report; Attachment D-Information for Environmental Review;Attachment E-Certification Regarding Lobbying;Attachment F-Publicity,Advertisements and Signage ) contain all the terms and conditions agreed upon by the parties. 28 IN WITNESS THEREOF,the parties hereto have caused this twentytfine (29)paqe contract to be executed by their undereigned officials as duly authorized,this %<ffv day of MrttK «2004. CONTRACTOR: City of South Mj BY: NAME:Maria Davis TITLE:City Manager DATE: BY: NAME TITLE: DATE Witnesses: BY: (Signature) Type or Print Name BY: (Signature) Type or Print Name Federal ID Number:59-6000431 Resolution #: Contractor's Fiscal Year Ending Date:_ CORPORATE SEAL: MIAMI-DADE COUNTY BY:X^£^v 2 NAME:«•••••••••. /George M.Burgess <>•*,COMaS*»{y^—a-o^'^ TITLE:County Manager ATTEST BY: TITLE:Clerk,Board of County Commissioners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 29 U.S.Department of Housing &Urban Development CPD Consolidated Plan Listing of Proposed Projects Project ID/Project Title/Priority/ Local ID Objective/Description hud Matrix Code/Title/hunding Sources Citation/Accomplishments 0006 4010 SMIAMI CITY OF S.MIAMI CHURCH STREET,59 PL IMPMTS 03K Street Improvements Infrastructure 570.201(c) On going project.Reconstruction of Church Street,SW 58 PLACE FROM SW 64ST.TO SW 70ST,toenhanceth aesthetic quality ofand function ofthestreetby providing wide sidewalks,street trees and other pedestrian amenities. 8216 People (General) Help the Homeless? Help those withHIVor AIDS? Eligibility: Subrecipient: Location(s): No No Start Date:01/01/04 CompletionDate:12/31/04 570.208(a)(1)-Low/ModArea Local Government Addresses CDBG ESG HOME HOPWA TOTAL TotalOtherFunding Y32-05 $95,000 $0 $0 $0 $95,000 $0 Q U A R T E R 1 S T 2 N D 3 R D 4 T H SA M P L E SC O P E OF SE R V I C E S FO R CO N S T R U C T I O N , RE H A B I U T A T . O N . HO U S . N G . AND AD M I N I S T R A T I V E CO S T S AG E N C Y NA M E : AC T I V I T Y : FU N D I N G SO U R C E : A M O U N T : TO T A L A C T I V I T Y CO S T S : TO T A L AV A I L A B L E FU N D I N G (A L L SO U R C E S ) : AC C O M P L I S H M E N T U N I T S : TY P E : AC T I O N S T E P CA T E G O R Y : AL L PR E R E Q U I S I T E F E D E R A L & LO C A L A P P R O V A L S H A V E B E E N OB T A I N E D IN PH A S E I OF T H I S AC T I V I T Y F U N D E D IN FY 0 3 SU B M I T CH A N G E OR D E R R E Q U E S T T O O C E D OB T A I N CH A N G E OR D E R A P P R O V A L FR O M O C E D CO M P L E T E DE S I G N WO R K CO M M E N C E C O N S T R U C T I O N CO M P L E T E 25 % O F CO N S T R U C T I O N CO M P L E T E 75 % O F CO N S T R U C T I O N CO M P L E T E 1 0 0 % O F CO N S T R U C T I O N IN C L U D I N G LI G H T PO L E S . LA N D S C A P I N G &ST R E E T FU R N I T U R E SU B M I T FI N A L RE I M B U R S E M E N T TO OC E D NO LA T E R TH A N JA N 31 , 20 0 5 ;AP P R O V E D ' CI T Y O F S O U T H MI A M I RE C O N S T R U C T I O N OF CH U R C H ST R E E T , PH A S E II CD B G 20 0 4 $9 5 , 0 0 0 $9 5 , 0 0 0 •'" ' :: . : ' ! ' " - : ' " : f r . ' B 2 l 6 - - - ' : : PE O P L E CU M U L A T I V E . . . . CU M U L A T I V E PE R C E N T A G E OF . -Q U A R T E R L Y -C O M P L E T I O N " . SE R V I C E UN I T S AP P R O V E D AP P R O V E D ' 3 5 C • •. C U M U L A T I V E 'P R O J E C T E D PA Y M E N T L E V E L AP P R O V E D AT T A C H M E N T "A " - ' ; AC T U A L QU A R T E R L Y AC C O M P L I S H M E N T S •" " • • • • " • - CU M M U L A T I V E • CU M M U L A T I V F . CU M M U L A PE R C E N T / CO M P L E T J O PE R C E N T A G E OF; ' SE R V I C E UM T S RE I M B I I R S F M P M T R CITY OF SOUTH MIAMI FY04 CDBG CHURCH STREET PHASE II SUMMARY BUDGET ATTACHMENT B I.PERSONNEL SERVICES $4,000 II.CONTRACTUAL SERVICES -0- III.OPERATING EXPENSES -0- IV.COMMODITIES -0- V.CAPITAL OUTLAY 91,000 TOTAL $95,000 ATTACHMENT B CITY OF SOUTH MIAMI,INC CDBG FY 2004 RECONSTRUCTION OF CHURCH STREET SW59TH PLACE-IMPROVEMENTS DETAIL BUDGET January 1.2004 thru December 31,2004 PP Non-OCED OCED Total OCED Total All Sources 4010 PERSONNEL-Employee Regular-Salar*° PublpVA/prks Director Chief*'-nountant Gran*Administrator Sub I Salaries 4010 Frinm Benefits FICAjsa(aryX7.85%) Sub •dotal Fringe" TotajPersonnel 2.000.00 1,000.00 1,000.00 4,000.00 0.00 0.00 4.000.00 2.000 1,000 1,000 4,000 4,000 2,000 1,000 1,000 4,000 4,000 Contmctual Services 21011 External Audit 0 0.00 0 0 21012 Envir gnmental Audit 0 0.00 0 0 21030 OtheiProfesslonal-Svc Const Mgmt 0 0.00 0 0 21030 Othejprofessional Svc 0 0.00 0 0 22350 Bottle i Water 0 0.00 0 0 25330 Rent Copier 0 0.00 0 0 25S11 Build ig Rental 0 0.00 0 0 Tota Contractual 0 0.00 0 0 Opei ting Expenses 31011 Telej tone Regular 0 0.00 0 0 31011 Telei lone Long Distance 0 0.00 0 0 31610 Post*be 0 0.00 0 0 31420 Adve&'sing Radio 0 0.00 0 0 Tota |DDerating Expenses 0 0.00 0 0 Com iodides 31510 Outs le Printing 0 0.00 0 0 95020 Com Liter Purchase 0 0.00 0 0 47010 Offic Supplies/Outside Vendors 0 0.00 0 0 Tota Commodities 0 0.00 0 0 3E iyu Capgpt Outlay 90 Conduction TotajCapital Outlay" ITOTAL BUDGET 91.000.00 91.000 0.00 91,000.00 91-000 91,000 0|95,000'I 95.b00'l 95.000 \ ATTACHMENT B- INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor shallindemnifyandhold harmless theCountyanditsofficers,employees,agents and instrumentalities fromanyandall liability,losses or damages,including attorneys'feesandcosts of defense,whichtheCountyorits officers,employees,agents or instrumentalities mayincurasaresult of claims,demands,suits,causes of actions or proceedings of anykindor nature arising outof,relating,to or resulting from the performance of this Agreement bythe Contractor orits employees,agents, servants,partners principalsor subcontractors.Contractor shallpayallclaimsandlossesinconnection therewith and shall investigate and defend all claims,suitsor actions of anykindornatureinthename of the County,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's feeswhichmayissue thereon.Contractor expressly understands and agrees thatany insurance protection required bythis Agreement or otherwise provided by Contractor shall innowaylimitthe responsibility to indemnify,keep and save harmless and defend the County oritsofficers,employees, agentsandinstrumentalitiesasherein provided. The Contractor shall furnish to Miami-Dade County,c/oOffice of Communityand Economic Development,140West Flagler Street,Suite #1000,Miami,Florida 33130,Certificate(s)of Insurance which indicate that insurance coverage hasbeen obtained whichmeetsthe requirements as outlined below: A.Worker's Compensation Insurance for all employees of the Contractor asrequiredby Florida Statute 440. B.PublicLiabilityInsuranceonacomprehensivebasisinanamountnotlessthan $500,000 combinedsinglelimit per occurrence forbodilyinjuryandproperty damage.Miami- Dade County must beshownasanadditional insured with respecttothiscoverage. C.Automobile Liability Insurancecoveringallowned,non-owned andhired vehicles used inconnection with thework,inanamountnotlessthan$500,000combinedsingle limit peroccurrencefor bodily injuryandpropertydamage. D.Completed Value Builder's Risk Insuranceonan "All Risk"basisinan amount not less thanonehundred (100%)percent of the insurable value of thebuilding(s)or structure(s). The policy shall be in the name of Miami-Dade and the Contractor. E.Professional Liability Insurance inthename of design professional for this project,in an amountnotlessthan$250,000withthe deductible per claim,if any,nottoexceed 10%of the limit. All insurancepoliciesrequiredaboveshallbeissued by companiesauthorizedtodo business underthe laws of theState of Florida,withthefollowing qualifications: Thecompanymustbe rated nolessthan"B"astomanagement,andnoless than "Class V"asto financial strength,bythelatestedition of Best's Insurance Guide, published by A.M.Best Company,Oldwick,New Jersey,orits equivalent,subjectto theapproval ofthe County Risk Management Division. or 2?-e •CQ?a^mUSt h°ld aVali--F1?ri^^rt^pate of Authority as shown in the latestListofAllInsuranceCompaniesAuthorizedtoDoBusinessinFlorida"issued by the State of Florida Department of Insurance and are members of the Florida GuarantyFund, Certificates will indicate no modification or change in insurance shall be made without thirty (30)davs in advance notice to the certificate holder ;y mm^^^~mmam^J COHMUWTYAND ECONOMIC DEVELOPMENT PROGRESS REPORT For FY 2004 PART 1:Activity Information 1.AgencyName: 2.ProjectTitle: 'Select Quarter (•) 1st JAN-MAR 2nd APR-JUN 3rtJUL-SEP ANNUAL REPORT 3.Activity Name:__4.Category:, 5.Activity Address:6.Commission District: 7.Activity Description: 8.IDIS No.9.Source:10.Grantee Activity #:_ 11.Matrix Code:12.Index Code:.13.National Objective: ENTER YES (Y)OR NO (N)FOR QUESTIONS 14 TO 17 14.Help Prevent Homelessness?:.15.HelpThoseWith HIV/AEDS?: 16.Primarily Help Persons With Disabilities?:.17.Generate Program Income?:. INDICATE ALL THAT APPLY WITH "X"FOR QUESTIONS 18 TO 24 18.Section 108:JI9.One-For-One Replacement 20.Displaceraent:21.Float Funded:. 22.Special Assessment:23.Revolving Fund:24.Favored Activity: 25.FloatPrincipalBalance: 26.Indicate ifthe activity islocatedinCDFIAreaor Strategy Area C/S: 27.AreaIdentifier: 28.Unliquidated Obligations: PART2:Area Benefit Information (complete this partif the national objective is LMA) 1.Percent of Low/Mod in Service Area:2.Survey or Census Tract determination?(S/C): 3.Census Tract'4.Block Groups: Page1 of 12 1/7/04 8:49 AM ) PART 3;Pfrggt Benefit Information (complete this part If the National Objective Is LMC.LMH.LMJ 1.CountsbyHouseholdsorPersons?(H/P): 2.TotalNumberBenefitingfromtheActivity:, 4.NumberofpersonsservedinEntitlementArea:. 5.Numberofpersonsservedoutsideof Entitlement Area:_ 6.MethodofVerificationbytheAgency: 7.PresumedBenefit?(Y/N): 9.Nature/Location Narrative: 3.Number of Female Headed Households: 8.Nature/Location?(Y/N):_ Direcl Benefit by EUinlc Category White Black Asian Amencan Native American Asian Black American Other Asian/Hispanic Totals African Indian/Hawaiian /Tnrlinn/&African Indian/Multi-Pacific American Alaskan Native Other Pacific Islander Alaskan Native &White White American &White Alaskan •Native &Black African American Racial Islander Direct Benefit byIncomeCategory MOD LOW EXTREMELY LOW TOTAL PART4:Slum/BIiqht AreaInformation fcomplete thispartif the National Objective isSBA) 1.Boundaries: 2.Percentage of Deteriorated Buildings:. 4.Slum/Blight Designation Year: .3.Public Improvement/Condition:. PART5;job Creation/Retention Information fcomplete this part If the National Objective isLMJ) Table 1 Type Interest Rate Amortization Period .Amount CDBG Direct Loan CDBG Deferred Payment CDBG Grant CDBG Other Page 2 of 12 1/7/04 8:49 AM Table 2-Job Creation/Retention Information Type Expect to Create Expect to Retain Actually Created Actually Retained Total Job Count- Full Time Job "' Total Job Count - Full Time-Low/Mod Total Hours Part time Total Hours-Part Time-Low/Mod Percent of Low/Mod Jobs PART 6:CDBG Multi-unit Activity Set Up andCompletion Informatlonffor LMH activities) Table 1 Units #of Units at Start #ofUnitsexpectedat Completion #of Units actually Completed Table 2 Type CDBG Other Total Total Occupied Occupied Low/Mod Authorized Costs Actual Costs PART 7;Displacement Information fcomplete this part if displacement has occurred! Type Census Tract Or City Displaced From Remaining In Relocated To White Black Hispanic Asian/Pacific American Indian/Alaskan PART 8:Reniacement Information (complete this part If One-for One Reniacement has occurred) Type Demolished/Converted Address Replacement Address #of Bedrooms Agreement executed date Available Date PART9:Activity Status/Accomplishments Information (complete this partforail types off activities) 1.Activity Status (Circle One):1.Cancel 2.Completed 3.Underway (An activity is considered to be completed when it meets the National Objective and after all the funds are drawn) 2.Proposed Accomplishment Type:3.Proposed #ofAccomplishment Unit/s: _k Actual Accomplishments Type:5.Actual #ofAccomplishment unit/s during the year: •^Environmental Assessment Code:7&Create Program Income?(Y/N): Page3 of 12 1/7/04 8:49 AM Accomplishment narrative for the Current I !ara Year (Please make sure that accompUshmei..uring the current year are only included. Maximum 6 lines) By signing below I,.verify that the information in this report is accurate and appropriate records have been maintained. Prepared By:Date: ReviewedBy:Date: FOR OCED USE ONLY Verified for completeness and accuracy by: Contract Officer:Dates Planner:Date: CMM Section Supervisor:Date: Planning Section Supervisor: Division Director: Date: Date: Admin.Support Staff:IDIS UPDATE 1 Page4 of 12 /7/04 8:49 AM QUARTERLY PROGRESS REPORT INSTRUCTIONS PART 1,ACTIVITY INFORMATION __ 1.AgencyName:EntertheNameoftheAgency 2.Project Title:Agency AcronymandtheTitleoftheProject(60charactersmaximum) 3.ActivityName:AgencyAcronymandthenameoftheactivity(40characters maximum) 4.Category:EntertheCategoryoftheactivity(e.g.Housing,Public Service,Ecc.Devetc.) 5.Activity Address:Enterthe complete address ofthe location where the activity is taking place 6.Commission District:Enterthe Commission District #where the activity is taking place 7.ActivityDescription:Enterbrief description ofthe activity (120 characters maximum) 8.IDIS No.:Enter IDIS No.oftheactivity. 9.Source:Enterthefundingsource(e.g.HOME95). 10.Grantee Activity*:EntertheGranteeActivityNo.(E.g.B.00.020.235) 11.Matrix Code:HUDCode applicable tothe activity. 12.Index Code:Enter the Index Code from FAMIS 13.NationalObjective:Enterthe National Objective applicable tothe activity. 14.Help Prevent Homelessness?:Enter Yiftie purpose ofthe activity is to prevent homelessness;otherwise enter N. 15.Help thosewith HTV7AIDS?:Enter Yifthe purpose ofthe activity isto help persons with HIV/AIDS;otherwise enter N. 16.Primarily Help Persons With Disabilities?:Enter Yifthe purpose ofthe activity is primarily help persons with disabilities; otherwise enter N. 17.Generate Program Income?:EnterYifthis activity is expected to generate Program Income;otherwiseenterN. 18.Section108:EnterXif this activity is funded in whole orinpart using proceeds from loans guaranteed under Section 108. 19.Oneforone Replacement:EnterXif this activity isa One-For-One Replacement Activity 20.Displacement:EnterXifthisactivityinvolvea displacement activity 21.Float Funded:EnterXifthis activity isaFloatFunded activity 22.Special Assessment:Enter Xif this activity isa public improvement activity for which a special assessment will be levied. 23.Revolving Fund:EnterXifthis activity is funded through a revolving fund. 24.Favored Activity:Enter Xif this activity isan economic development activity that isof important national interest and therefore maybe excluded fromthe aggregate puMic benefit calculation. 25.FloatPrincipalBalance:Enterthe Float principal balance if this isa float funded activity 26.Indicate ifthe activity is located in CDFI Area or Strategy Area:Enter CorS depending upon whether this activity is located ina Community Development Financial Institution (CDFI)ora Neighborhood Revitalization Strategy Area. 27.Area Identifier:IfyouenteredCorSinthepreviousfield,entertheArea Identifier. 28.Unliquidated Obligation:Enter the amount of orders placed.Contracts and grants awarded,goods and services received,and similar transactions for which an expenditure has not been reported asofthe end of the reporting period. PART 2.AREA BENEFIT INFORMATION 1.Percentof Low/Mod inservicearea:Enterthe percentage of low/mod persons inthe service area. 2.SurveyorCensusTractdetermination:Enter the method by which the percentage of low/mod intheservicearea was determines.EnterS for Survey andC for Census. 3.Census Tract:Enter the Census Tract for the LMA Service Area. 4.Block Groups:EntertheBlockGroupsassociatedwiththeCensus Tract PART 3.DIRECT BENEFIT INFORIVIATIONfcompiete thispartif the National Obfective Is LMCT LMH or LMJ) 1.Counts by Households or Persons?(HZP):Enter P for LMC orLMJ activity and H for LMH activity. 2.Total Number Benefiting from Activity:Enter the total number of persons benefiting from the activity. 3.Number ofFemale Headed Households:Enter the total number offemale Headed Households.This field is not applicable to LMC and LMJ activities. 4.Number of persons served in Entitlement Area:Enter the total number persons served in Entitlement Area 5.Number of persons served outside of Entitlement Area:Enter the total number of persons served outside oftheEntitlement Area, 6.Method ofverification by the Agency:Enter the method used by the Agency in detemrining the number of persons served inside and outside of the Entitlement Area. 7.Presumed Benefit?(Y/N):Enter Yif this activity is designed to exclusively serve a category ofpersons presumed by HUD to be low/mod income.Please note that presumed benefit groups are limited to:abused children,battered spouses,elderly persons,disabled adults,illiterate adults,persons living with AIDS,homeless and Migrant Farm Workers.This field is not applicable to LMH and LMJ activities. 8.Nature/Location:Enter Yif the activity is considered low/mod because ofthe nature of the activity and the place it is being earned out. ThisfieldisnotapplicabletoLMHandLMJactivities. 9.Nature/Location Narrative:Enter a description of how the Nature/Location of the activity benefits a limited clientele,at least 51 %of whom are low/mod income. PART 4;SLUIWBLIGHT AREA INFORMATION (complete this partif the national objective is SBA) Page5 of 12 1/7/04 8:49 AM 1<Boundaries:Enter a description of the t_^ndaries of slum/blight area (180 characters maximum) 2.%ofdeteriorated buildings:Enter the percentage ofbuildings that were deteriorated when the area was designated as slum/blight 3.Public Improvement/Condition:Enter a brief description identifying each type of improvement located within the area and its condition at the time the area was designated slum/blight(40 characters maximum). 4.Slum/Blight Designation Year:Enter the year the area was designated as slum/blight PART SS JPg CREATION/RETENTION INFORMATION (complete this partIf the National Objective te LM-l TaMe *:Dh«ct orDeferred Payment Loan Information:IfCDBG assistance for ajob creation/retention activity is provided in the form of a loan,entertheInterestRate,AmortizationPeriodandthe Amount. CDBG Grant Amount:If CDBG is being used to provide assistance in a form other than a direct ordeferred loan,enter the amount providedforthisactivity. Table 2:Enter the information about jobs expected to create,expected to retain,actually created and actually retained. PART 6S CDBG MULTI-UNIT ACTIVITY SET UP AND COMPLETION INFORMATION Table 1:Enter details of#of units at start,#of units expected at completion and #ofunits actually completed Table2:Enter thedetails of costs associated with theactivity. PART 7s DISPLACEMENT INFORMATION Entertherequesteddisplacementinformationinthetable PART 8s REPLACEMENT INFORMATION Enter the relevant information in the table regarding Replacement asa result of this activity. PART 9S ACTIVITY STATUS/ACCOMPLISHMENTS INFORMATIQNfcomplete thispart for all types of activities) 1.Activity Status:Circle 1,2 or3.Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from IDIS. 2.Proposed Accomplishment Type:Enter l=People,4=Households,8=Businesses,9=Organizations,10=Housing Units,1l=Public Facilities, 13=Jobs. 3.Proposed #of accomplishment Unit/s:Enter the proposed #of units to be accomplished. 4.Actual accomplishment type:Enter the actual accomplishment type. 5.Actual #of accomplishment units during the yean Enter the actual units accomplished. 6.Environmental Assessment Code:Enter A=Exempt,C=Completed,D=Underway 7.Create Program Income:Enter YesorNo. Page6 of 12 1/7/04 8:49 AM SECTION H:FISCAL INFORMATION GENERAL INSTRUCTIONS BUDGET AND EXPENDITURES APPROVED BUDGET PROJECTED REIMBURSED This portion ofthe report must include onlyOCED funds and expenditures coveredbyyour organization's contractwith OCED. This section ofthereportcoversfiscalactivitiesfromthe beginning of the contract date through the cut-off date covered by thereport. Foreach category,listtheamountof funds allocatedinthemost recent approved OCED budget for your contracted activity. list the project expenditures through the cut-off date of the report foreachofthebudget categories. list the contract expenditures that OCED has reimbursed to your organization through the cut-off date ofthe report. ACTUAL List ALL the contract expenditures,whether or not they have been reimbursed by the County,OCED,that your agency incurred through the cut-off dateofthe report. list all the expenditures that your organization anticipates will be incurred in the implementation of the contracted activities through theendofnextreportingperiod. S^iP0™*CUMUL^^E List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation of the contracted activities throueh OF CONTRACT PERIOD the end of the contracted period. PROJECTED EXPENDITURES FOR NEXT REPORTING PERIOD 1/7/04 8:49 AM Page7 of 12 PA R T A: BU D G E T AN D EX P E N D I T U R E S IN S T R U C T I O N S : Co m p l e t e th e ch a r t fo r th e en t i r e am o u n t co v e r e d by th e ag r e e m e n t . EN D OR CU R R E N T RE P O R T I N G PE R I O D C A T E G O R Y AP P R O V E D BU D G E T PR O J E C T E D RE I M B U R S E D P E R S O N N E L C O N T R A C T U A L O P E R A T I N G C O S T S C O M M O D I T I E S C A P I T A L O U T L A Y T O T A L S PA R T B: PR O G R A M IN C O M E US A G E 1. Do e s th i s ac t i v i t y ge n e r a t e Pr o g r a m In c o m e ? Ye s 2. If Ye s , in d i c a t e th e am o u n t ge n e r a t e d ti n s qu a r t e r . $ / N o 3. Pr o j e c t e d us e of Pr o g r a m In c o m e (R e s p o n d on l y if # l is an s w e r e d "Y e s " ) 1/ 7 / 0 4 8: 4 9 A M P a g e 8 o f l 2 A C T U A L r « ™ PR O J E C T E D EX P E N D I T U R E S CU M U L A T I V E J^ N E X T EX P E N D I T U R E RE P O R T I N G BY EN D OF PE R I O D CO N T R A C T PE R I O D . \ SECTION ffl: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/ SUBCONTRACTOR PURCHASE: TOTAL: AFRICAN AMERICAN CHART NUMBER OF CONTRACTORS, SUBCONTRACTORS,OR VENDORS TOTAL DOLLARS AWARDED: PERCENTAGE OF TOTAL ACTIVITY: 1/7/04 8:49 AM Enter this information only once on each report for each firm receiving funds through your organization's contract with OCED. Enter the Employer Number that LR.S.has assigned to the Vendor/Subcontractor.Each vendor must have unique identifier. Enter the Employer Number that LR.S.hasassignedto the Prime Contractor asa unique identifier.This information mast be provided for each vendor listed. Enter the numeric code(1 through 6)that identifies the racial/ethnic background of the owner(s)and controIIer(s)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 thetotal amount expendedforgoods,services,supplies, and/or construction costsforeach vendor,contract and subcontract Incases where commodities or equipment purchases comprise the majority of the expenditures for the period,then combine all expensesfor the reported period. Enter thetotal amount of dollars expended on goods,services, supplies,and/or construction for all contracts,subcontracts, and purchases that occurred duringthe reporting period. Enter number of African American firms that transacted businesswith your organizationduringthe reporting period. This information must be reported for organizations with at least51%African American ownership orcontrol.. Enterthetotal dollars paidtoAfricanAmericanfirmsduring the reporting period. duri^thereporfngperiod.&^j^^yfpH . . ^ n v m i i u u o u y n o a a m t a w K l S E D A T A P R O J E C T T I T L E : G P R A C T I V I T Y N U M B E R : RE P O R T I N G PE R I O D : (C h e c k One ) OC T 1- ma r 31 AP R 1- SE P 30 CO N T R A C T / S U B - C O N T R A C T / V E N D O R AC T I V I T Y SU C T I O N S , , , ^ WU e n a n n , , ^ ,. ^ „ _„ . . , .^ M A R 3 1 NA M E O F C O N T R A C T O R / SU B C O N T R A C T O R , O R VE N D O R AD D R E S S TE L E P H O N E VE N D O R ID if P R I M E RA C E / E T H N I C G R O U P S 1 - W H I T E A M E R I C A N 2- A F R I C A N A M E R I C A N 3 - N A T I V E A M E R I C A N 4- H I S P A N I C AM E R I C A N 5- A S I A N A M E R I C A N 6 - O T H E R TY P E OF TR A D E CO D E S C P D 1- N E W CO N S T R U C T I O N 2- E D U C A T I O N AN D T R A I N I N G 3 - O T H E R Fo r Da d e Co u n t y HU D an d Ho u s i n g Ag e n c y Pr o g r a m s ON L Y DC 1 - N e w Co n s t r u c t i o n DC 2 - S u b s t a n t i a l Re h a b . DC 3 - R e p a l r s D C 4 - S e r v i c e CD 5 - P r o j e c t Ma n a g e m e n t DC 6 - P r o f e s s i o n a l DC 7 - T e n a n t Se r v i c e DC B - E d u c a t i o n / T r a i n i n g DC 9 - A r c h / E n g / A p p r a i s a l / Pr e v . E d s . Ob s o l e t e DC O - O t h e r Pa g e 1 0 o f 1 2 1/ 7 / 0 4 8: 4 9 A M R A P E / A M O U N T O F C O N T R A C T / GR O U P TR A D E P U R C H A S E AF R I C A N A M E R I C A N S NU M B E R O F ~" CO N T R A C T O R S / SU B - C O N T R A C T O R S / . VE N D O R S TO T A L DO L L A R S AW A R D E D PE R C E N T A G E OF TO T A L AC T I V I T Y U.S.HUD SECTION 3 REPORT PART THREE-SUMMARY -Indicatestheeffortsmadetodirecttheemploymentandother economic opportunitie: generatedbyHUDfinancialassistanceforhousingand community development programs,to thegreatestexten feasible,towardlow-and very low-income persons,particularly thosewho are recipients of government assistance fo: housing.(Check allthat apply.) •Attemptedto recruit low-income residents through:local advertising media,signs prorninently displayed at the projectsite,contracts with community organizations andpublicorprivate agencies operating within die metropolitan area(ormetropolitancountry)inwhichtheSection3covered program or project is located,or similar. •Participated inaHUD program orother program which promotes the training or employment of Section3 Residents. •Participated inaHUDprogramorother program whichpromotesthe award of contracts tobusiness concerns which meet the definition of Section 3 business concerns. •Coordinated with Youth build Programs administered inthe metropolitan area inwhichtheSection3 covered project is located. •Other,describe below. Page 11 of 12 04 8:49 AM SECTION IV;U.S.HUD SECTION 3 REPORT Economic Opportunities for Low &Very Low-Income Persons in Connection with Assisted Projects AGENCY NAME:PROJECT NAME: AGENCY ADDRESS: REPORT REVIEWED/APPROVED BY: (SIGNATURE^ CONTRACT AMOUNT:$ PERIODREPORTED:QTR 12 34 (CIRCLE ONE) TELEPHONE*: PART ONE -EMPLOYMENT &TRAINING -To be completed for each project and submitted quarterly to OCED by April 15,July15,October 15and January 15. JOB CATEGORY PROFESSIONAL TECHNICIAN OFFICE/ CLERICAL CONSTRUCTION BY TRADE (LIST) TRADE: TRADE- TRADE: TRADE: TRADE: OTHER: TOTAL: A Total New Hires (Total of Column G.1/5) 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 Total Employee Trainee Hours Worked bySection 3 Residents F %of Employee Trainee Hours Workedby Section 3 Residents (E/D) 1 White Amer. ART TWO -SUBCONTRACTS AWARDED -for goods and services associated with this project RACIAL/ETHNIC CODES 2 African Amer. 3 Native Amer. 4 Hispanic Amer. 5 Asian or Pacific Amer. TYPE OF CONTRACT .A TotalS Amount of Contracts Awarded B Total$ Amount of Contracts Awarded to Section 3 Businesses 1 C %BTO A D NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY RACIAL/ETHNIC IDENTIFICATION 1 White American 2 African American 3 Native American 4 Hispanic American 5 Asian- Pacific American 6 Hasidic Jew INSTRUCTION 40N- :ONSTRUCTI0N i 04 8:49 AM Page12of 12-Progress Report ContractandSubcontractActivity 7:6nWt,^fBi.ctoWn.riu^,op.tf8pontoriBul,d.rfABBnq;—DepartmentofHousingandUrbanDevelopmentwithoutyourconsent,exceptasrequiredorpermittedbylaw.9 U.S.DepartmentofHousingandUrbanDevelopment OMBApprovalNo.:2S77-O0B8(exp.08/300004) 2502-0355(exp.10/31/2004) CheckIf: PHAQ 1HAn 2.Location(City.Stata,ZIPCode) 3a.NameofContactParson 3b.PhoneNumberflndudnflAnaCoda)4.ReportingPeriod •Oct.1.Sept.30(Annual-FY) QranVProJoctNumbwor HUDCanNumberor otherhUnflflcmflonolproperty, (ubdMston.dwellingunit,etc. 7a. Amountof Contract orSubcontract Typeof Trad* Code (Saa below) 7c. Contractoror Subcontractor Buabtaaa Radtt/Ethrtio Code (Seebelow) 74 CPD: 1»NewConstruction 2-Education/Training 3-other 7c:TypeofTradeCodes: Housing/PublicHousing: o"^00?,8^011e-Preteoebnal 2=SubstantialRehab.7=TenantServices ?=MLa"Edocation^raintng S-p££?m..8-ArchJEngrg.Appraisal o"ProjectMangt.oaother Previouseditionsareobsolete. Woman Owned Buitneaa (Yeaor No) 7e. PrimeContractor Identification(ID) Number 8aa 3 7g. Subcontractor IdatSficatlon(IO) Number Th. Sec. 3 7L 7d:Racial/EthnicCodes: 1>«WhiteAmericans 2aBlackAmericana 3aNativeAmericans 4•HispanicAmericans 5mAsian/PacificAmericans 6eHaBldloJewB Name 6.ProgramCoda(NotapplicabletorCPDprograms.) Seeexplorationofcodeeatbottomofpage. Useaseparatesheettoreachprogramcode. Contractor/SubcontractorNameandAddreaa 71. Street 6.DataSubmittedtoRaidOffice CttyStateZipCode 5:ProgramCodes(CompleteforHousingandPublicandIndanHoudngprogramsonr/): 1»ASInsured,includingSection85aSection202 I"q°^'ef^f*,.6°HUD-Hetd(Management)3-Section8Noninsured,Non-HFDA7-Pubic/IndianHousing 4ainsured(Management formHUD-2516(B/B3) ^****<lh.ll»tl»«ll«)|l.11|»(1Jrt)|-,-rt CownmnftyDevetopmaitProfpams 1.GranfcasEwe,«Mnan»ollho«nllolo(»«nniaIti«*»«litatt.lst.poft b55^£s_s^r_sssrjas: 7e.WofnanOwnedBusiness:EnterYesorNo 7fl.Section3Contractor:EnterYeaorNo. 71.Section3Contractor:EnterYesorNo k^tg^^Fntnrth^nfnm^nW^K _S2^*?C°.mpl6tedbya"<***'HUDFogran«Mudlnjstate administeredcommunitydevelopmentprogramscoveredunderSection3. i«*Si7!!!lW^b^,?:torJ8BbU8ha8Saimm««»I™"-*economio opporhinWeatolowandvarylow-incomeresidentsofthemetropolitanarea(or n^SSan"""^l1ncludIn9a,bU8lne88«"«'nthatIsSipercentormore ZZOL°rVe^jow-mccmflre8,«le"to}emptoyeasubstantialnumberoftow-or BZS^!nlrefdente:Wpi0vWe8BUbco««ra««n9orbusinessdevelopment ?.?^2r?^dBnt8tnc,udePartlc'ian»I"YouthbuKdprogramsestablished underSubtitieDofTitleIVoItheCranston-QonzalezNational/SSSSSl Theterms'low-Incomepersona-and"verytow-incomepersons*havethesame meanlngsBlventhetermainfacto,3(b)(2)oftheUnitedS_LHousingrf!S?L«^m^personameanfamilies(includingsinglepersons)whoseIncomesdonot exceed80percentumofthemedianIncomeforthearea,asdeterminedbvme Secretan^adJusm«nteforsmallerandbmW famreceivingcorrtractAwjbcontractactivityonlyonetimeoneachreporttoreachfirm. MuftfhsnuyHousingPrograms '"S^!!?01^1^^Ent?r*"nameofmeunil°»Oovemment.agencyor mortgagorentitysubmittingthisreport..«•«*« 3.ContactPerson:SameasHem3underCPDPrograms. 4.ReportingPeriod:Checkonlyoneperiod. 5.ProgramCode:Entertheappropriateprogramcode. 7a-ssffisar^ 7b.AmountofCortoaetrBuhcontract:SameasHem7b.underCPDPrograms. 7c.TypeofTrade:SameasHern7c.underCPDPrograms. 7d*fJam^68B*ebWEthn,c/QeRda'**«SameasHem7d.underCPDPro- 7a.WomanOwnedBustnaea:EnterYesorNo. 71.C«tiwrtc*filentifleatl<«(JD)fhm_^ 7g.Section9Contractor:EnterYeaorNo. ^ProSaC,0rWentmca,I,)nWMumbe«s«n»**Bern7h.underCPD 7LSection3Contractor:EnterYesorNo. 71Cp°(^^ri8uhcon!raetor'Man'BandAddress:Sameasitem7j.underCPD areaonthebasisoftheSecretary'sfindingsthatsuchvariationsarenecessary becauseofprevailing(avalsofconstructioncostsorunusuallyhighorlow-income families.Verytow-Incomepersonsmeanslow-Incomefamilies(includingsingle persons)whoseincomesdonotexceedSOpercentumofthemedianfamilyincome forthearea,asdatemtlnedbytheSecretarywithadjustmentsforsmallerandlarger families,exceptthattheSecretarymayestabBshIncomeceilingshigherortowerthan 60percentumofthemedianfortheareaonthebasisoftheSecretary'sfindingsthat suchvariationsarenecessarybecauseofunusuallyhighortowfamilyincomes. Submittwo(2)copiesofthisreporttoyourlocalHUDOfficewRWnten(10)daysafter theendofthereportingperiodyoucheckedInItem4onthefront. CompleteItem7h.onlyonceforeachcontractor/subcontractoroneachsemi-annual report. Entertheprimecontractore(DInHem7f.forallcontractsandsubcontracts.Include onlycontractsexecutedduringthisreportingperiod.PHAs/lHAsaretoreportall contracts/subcontracts. PublicHousingandIndianHousingPrograms PHAs/IHAsaretoreportallcontractersubcontracts.Includeonlycontractsexecuted duringthisreportingperiod. 1.ProjectOurnonErrtermertamaofthaunitofgcvemn»nt.ag«nwornx)rtBaBor entitysubmittingthisreportCheckboxasappropriate. 3.ContactPerson:Sameasitem3underCPDPrograms. 4.ReportingPeriod:Checkonlyoneperiod. 5.ProgramCode:Entertheappropriateprogramcode. 7a.Grant/ProjectNumber:EntertheHUDProjectNumberorHousingDevelop mentGrantornumberassigned. 7b.AmountofContract/Subcontract:SameasHem7b.underCPDPrograms. 7c.TypeofTrade:SameasBern7c.underCPDPrograms. 7d.BusinessRactat/Ethnlc/GenderCode:SameasItem7d.underCPOPro grams. 7a.WomanOwnedBusiness:EnterYeaorNo. 7f.C<mtr8rtorIdentm^atton(ID)MumbenSameasitem7f.underCPDPrograms. 7g.Section3Contractor:EnterYesorNo. 7h.SubcontractorIdentification(ID)Number:SameasHem7h.underCPD Programs. 7LSection3Contractor:EnterYesorNo. 7J.Contractor/SubcontractorNameandAddress:SameasHem7|.underCPD Programs. lormHliD-2516(8/88) CERTIFICATrON REGARDING LOBBYING Certification for Contracts,Grants,Loans and Cooperative Agreements Theundersignedcertifies,tothebest ofhisorherknowledgeand'behalf,that: 1.No Federal appropriated fun& undersigned,toanyperson for influencing or attempting toinfluenceanofficeror employee of any agency,aMember of Congress,anofficeroremployee of Congress,oran employee of aMember of Congress inconnection with the awarding of any Federal contract,themaking of any Federal grant,themaking of any Federal loan,the.enteringinto of any cooperative agreement,andthe extension, continuation,renewal,amendment,ormodification of any Federal contract,grant; loanorcooperative agreement 2.If anyfundsotherthan Federal appropriated funds havebeenpaidorwillbepaidto anypersonfor influencing or attempting toinfluencean officer or employee of agency,a Member of Congressman officer or employee of Congress,or an employee of aMember of Congressinconnectionwiththis Federal contract,grant, loanorcooperativeagreement,the undersigned shallcompleteandsubmitStandard Form -LLL,"Disclosure Form to Report lobbying,"in'accordance withits instructions. 3.Theundersignedshallrequirethatthe language of mis certification be included in theaward documents forallsubwardsatalltiers(includingsubcontracts,subgrants, and contracts undergrants,loansand cooperative agreements)and that all subrecipientsshall certify anddisclose accordingly. .4.Thiscertification is amaterial representation of factuponwhichreliancewasplaced when mis transaction was made,or entered into.Submission of this certification is a prerequisitefor making orenteringintothis transaction imposed by section1352,title 31,U.S.Code.Any personwho fails to file the required certification shallbesubjectto a civil penalty of not less than $10,000and not morethan$100,000for each such failure. BY: rercutative) NAME: (Print Name of Firm and Authorized Representative) TITLE: DATE://•z.-7/o .2*0" 4'0" 2'CT Project Name Project Cost Oontractor Miamf-Dade County . .A/ax Penalis Mayor Boardof County Commissioners Dr.Barbara Carey^Shufar Ohaurparson BsttyT.'Ferguson. District 1 Dorrin'D.Roll© Distriot2 Dr.Barbara Carey-Shuler District 3 SalfyA.Heymsn District 4 Bruno A Barrelro District 5 Refaaoa Bo&a District6 JimmyLMorales District 7 KarySoranson Districts Dennis C.Mess District 9 Sen,JaviarD.Souto District 10 Joe A.Martinez District 11 Jose "Paps"Diaz District 12 Natacha Ssfias District 13 HarvayRuvin darkoffoe Circuit and County Courts George M.Burgess CornyMamoar ftobart A Gkwburg CountyAttorney Coornuofiy and Bnmnto Dewtopnwnl Over 25 Years of Strengthening Mfamhtfacte County 4*0* i •jSm .The sign(s)than bemade of % mcb thick nieirme plywood,newly painted sad lettered in accordance •with professional outdoor sign, painting ftanidardf asto layout, sjnm&try,poropcction,clarityand neatness with theuse of weather- resistant colors and materials. Tag Contractor shall place the iign(i)securely braced and mounted AH.materials shall be provided by toe CoEdractorand the siga(s)shall remain in tbs property of the Owner atthe cornpletion ofthe contract Thesignshallbetree standing, promineiitiy displayedas directed by OCED representative,and sopparted by two 4**4^x10' psessare treated timberssecurely fattenedto the*rear of me sign andsank 4'below grade. Qesranos from the bottom of tbs ' sign to the ground snail-be V.J OCTOBER 17,2003 «* MIAMI-DADE OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT INFORMATION FOR ENVIRONMENTAL REVIEW FORM Parti. 1.IndicateFundingSource:CDBGHOMEHOPEVI HOMELESS(SRO/SHP)HOPWA 2.Indicate Fiscal Year:FY 20 3.Name of Subrecipient/Agency: 4.Name of Proposed Activity: 5.Location (Address)ofActivityorProject: 6.Folio Number: 7.Commission District: 8.Name,address,phone andfaxnumbers of loan/grantrecipient: Revised 01/07/03 Page 2 of 5 9.Detaileddescription of activityorproject: 10.Purpose of activityorproject: 11.Status of activity orproject: PartH. Willtheactivityorprojectresultinthe following? Yes No Change in use Sub-surfacealteration(i.e.excavations) New construction Renovation or demolition Site improvements (utilities,sidewalk,landscaping,storm drainage,parkingareas,drives,etc.) Building improvements (windows,doors,etc.) Displacement of persons,households or business Increase in population working orlivingonsite Land acquisition Activityin 100-year floodplain Anewnonresidentialusegeneratingatleast1,375,000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e.for hazardous waste, pretreatment of sewage,etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feetofwater (e.g. digging a lake or diverting or deepening of abodyof water). Partm. A.Site Information Landuse(pleasedescribe) •Existing Proposed Page 3 of 5 B.If activity includes new construction,renovationor rehabilitation,photographs must beprovided of eachside(front,rear andsides)of the structure(s)proposed forassistanceandthe buildings ontheabuttinglots.The photographsshall be identified by address.In addition,provideforeach existing structureon the site, the following information: •Existing structure(s)onsite:Yes •No •Estimated age of structure^) C.Other Site Information: Flood insurance required? Public water available on site? Public sewer available on site? Children under 7years of age residing on site or relocating tosite (including daycare facility)? Hazardous waste disposalfacility? Storage ofhazardous materials on site? Abandoned structure^)onsite? Yes No Page 4 of 5 D.If the proposed activity includes anew structure(s)orsiteimprovementsona site of one (1)acreor more,asiteplan must be provided.Projects)will not be environmentally reviewed without a site plan. E.If the proposed activity includes rehabilitation or renovation of structure(s), indicatethe estimated cost •andtheamount sought forfunding . In addition,indicate iftheestimatedvalue ofthe improvement represents: 0to 39.9 percent of themarket value ofthe structure(s) 40to 49.9 percent ofthe market value of thestructure^) 50to 74.9 percent ofthemarket value ofthestructure^) 75 percent or more of the market value of the structure(s) F.If the proposed activity involves the transfer of any property,new construction ora securing of a loan for nonresidential parcel,providea Phase I EnvironmentalAudit determining thelikely presence of eithera release or threatened release of hazardous substance.An audit isa review of a site and adjacent properties and involves preparing a history of ownership,land use andzoning for thelast50 years;researching environmental records for information onhazardouswastesites,hazardousfacilities,solid waste/landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM),Florida Department of Environmental Protection (FDEP)andU.S.Environmental Protection Agency (EPA));and inspecting the site for physical evidence of contamination such as damagevegetationor stains inthesoil. HasaPhaseIbeen performed:Yes No If yes,acopy of the Phase I Environmental Auditmustbe submitted. G.Environmental Health Information •If a residential site,andtheactivity includes orinvolves rehabilitation,has itbeeninspected for defective paint surfaces? Yes No If yes,pleasesubmitthe results.