Res. No. 013-06-12154RESOLUTION NO.13-06-12154
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY
MANAGER TO EXECUTE A FY 2006 GRANT AGREEMENT WITH THE
MIAMI-DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC
DEVELOPMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF
$50,000 FOR THE PROVISION OF AFTER SCHOOL PROGRAMMING AND
TUTORING SERVICES FOR THE AFTER SCHOOL HOUSE PROGRAM;
PROVIDING AN EFFECTIVE DATE.
WHEREAS,the Mayor andCity Commission wishto accept FY2006 grant fundsfromthe
Miami-Dade County Office of Community and Economic Development;and
WHEREAS,the grant will provide fundsfor after-school tutoring and homework
assistance;and
WHEREAS,the Mayor andCity Commission authorize theCity Manager to execute the
grant contract foraFY 2006 Community Development Block Grant (CDBG)with the Miami-Dade
CountyOffice of Community andEconomicDevelopment.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1.TheCitywishestoaccepttheFY2006 CDBG awardfromthe Miami-Dade
County Office of Community and Economic Development.
Section 2.The Mayor andCity Commission authorize theCity Manager to execute theFY
2006grantcontractwiththe Miami-Dade CountyOffice of Community andEconomic
Development.
Section 3.This Resolution shallbe effective immediately upon adoption.
PASSED AND ADOPTED this
ATTEST:
U/day of y^eji '•'•->••'•,2006.
CITY CLERK
READ AND APPROVED AS TO FORM-
ATTORNEY
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APPROVED:
COMMISSION VOTE:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
AB-AmefcaCfly
2001
To:Honorable Mayor,ViceMayor
and City Commission
Date:February 7,2006
From:Maria V.Davis
City Manager
Agenda Item #
Re:Authorizing the execution of aFY
2006 grant contract with the Miami-
Dade County Office of Community and
Economic Development for The After
School House Program
&
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY MANAGER TO EXECUTE AFY
2006 GRANT AGREEMENT WITH THE MIAMI-DADE COUNTY OFFICE OF
COMMUNITY AND ECONOMIC DEVELOPMENT IN AN AMOUNT UP TO THE
MAXIMUM AMOUNT OF $50,000 FOR THE PROVISION OF AFTER SCHOOL
PROGRAMMING AND TUTORING SERVICES FOR THE AFTER SCHOOL HOUSE
PROGRAM;PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
Followinga grant application submitted to the Miami-Dade County Officeof Community
and Economic Development (OCED)on August 24,2005,OCED awarded an initial
$15,000 grant to the Cityfor The After School House for after-school tutoring and
homework assistance.Notice of the grant amount was sent to the City on December
19,2005.Following the Public Hearing at the Miami-Dade Board of County
Commissioners on January 23,2006,the $15,000 grant amount was approved.The
grant is funded through the Miami-Dade County Community Development Block Grant
(CDBG)program for fiscal year 2006.
Per the County's recommendation for all CDBG grants,the attached Resolution states
that grant funds shall not exceed the amount of the original grant request ($50,000),in
the event that additional funds are reallocated or increased during the FY 2006 program
year.However,the Cityis guaranteed to receive aminimum of $15,000 as approved at
the January 23,2006 County Commission meeting.
RECOMMENDATION:
The Administration recommends approval and adoption of this resolution.
Exhibitl -FY 2006 Funding Recommendations by Applicant
-ACTIVITY
TITLE
Acnvrry -AREA CATE
DESCRIP CITY/MUNIC DIST 60RY/
TION EBS RICT EMP
ZONE
The After
School
House
Providetutoring,
mentoring and
homework assistance
to 150at-risk children
ages 5-14.These
children are primarily
fromthe South Miami
Gardens public housing
area at the South
MiamiCommunity
Center.6700 SW53
Place.
Activity ID 20061098
South Miami
N/A
City of
South Miami
07
DISTR
TEAM
07
Public
Service
N/A
TOTALS FORAPPLICANT
TUA
N/A
FY20O5
BCC FY2006
ALLOCATION FUNDIN6 REQUEST
SOURCE AMOUNT
ACTION PLAN
(including CDF
Recomm)
REPROGRAM
$0
$0
$100,000
CDBG $50,000
$965,000
FY2006 FY2006 CACBCC Distr FY2006
AHAB/URTF Recom.Funds Staff
Recom.Recom.Recom.
AHAB
URTF
$0
$0
$15,000 $0
$115,000 $40,000
MIAMI
FY2006
Mgr.
Recom.
$0
FY20O6 FY2006
BCC TOTAL
ALLOCATION AMOUNT
ACTION PUN
$0
$o
So
$15,000
$155,000
APPLICANT NAME SWEET City of Sweetwater
General
Public
Services
Provide 200 residents
of the Cityof
Sweetwaterwithpublic
services including:•
immigrationservices,
housingservices and
meals on wheels
referral services.
/
Sweetwater 12 Public
Service
N/A ACTION PLAN
(including CDF
Recomm)
$50,000
CDBG $100,000 AHAB $0 $o $40,000 $0 ACTION PUN
$0
$40,000
$0
N/A
City of
Sweetwater
DISTR
TEAM
12
N/A
REPROGRAM
$0
URTF
$0
REPROGRAM
$0N/A
Activity ID /$50,000 $0
TOTALS FOR APPLICANT $50,000 $100,000 $0 $0 $40,000 $0 $0 $40,000
Monday,December19,200511:08AM OCED /Exhibit 1-FY2006 Funding Recommendations by Applicant Page 47 of 217
V-
>I
CDBG FY 2006
Municipality
The After School House
FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND THE
CITY OF SOUTH MIAMI
This contract is entered into between Miami-Dade County,hereinafter referred to as the "County"and the City
of South Miami,A municipal government organized under the laws of the State of Florida hereinafter referred
to as the "Awardee".
The parties agree:
I.Definitions
OCED
24 CFR Part 570 -CDBG
Low-and Moderate-Income Person
Contract Records
FederaT Award
Awardee
Subcontractor
Subcontract
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 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 orat the direction the
Awardee or any subcontractor in carrying out the duties and
obligations required by the terms of this contract,including but
not limited to financial books and records,ledgers,drawings,
maps,pamphlets,designs,electronic tapes,computer drives
and diskettes or surveys,.
Any federal funds received by the Awardee from any source
during the period of time in which the Awardee is performing
the obligations set forth in this contract
Recipient of CDBG funds from Miami-Dade County
Any individual orfirm hired on a contractual basis by the
Awardee for the purpose of performing work or functions
cited on the Action Step Format (Attachment "A)of this
contract.
Any contractual agreement between a Subcontractor and
the Awardee
II.The Awardee Agrees:
j
A.Type of Activity
TheAwardeeshallcarry out theactivities specified in Attachment A,"Scope of Services,"in
the County or the focus area(s)of Miami-Dade.
B.Insurance
To comply with Miami-Dade County's insurance requirements aswellasanyrelevant state of
Florida insurance requirements.
C.Indemnification
The Awardee shall indemnify and hold harmless the County and its officers,employees,
agents and instrumentalities fromanyandallliability,losses or damages,including attorneys'
fees and costs of defense,which the County or its officers,employees,agents or
instrumentalities may incur asa result of claims,demands,suits,causes of actions or
proceedings of any kind or nature arising out of,relating to or resulting from the performance
of this Agreement by the Awardee or its employees,agents,servants,partners,principals or
subcontractors.The Awardee shall pay all claims and losses in connection therewith and
shall investigate and defend ail claims,suits or actions of any kind or nature in the name of
the County,where applicable,including appellate proceedings,and shall pay all costs,
judgments,and attorney's fees which may issue thereon.Provided,however,this
indemnification shall only be to the extent and within the limitations of Section 768.28 Fla
Stat,subject to the provisions of that Statute whereby the Awardee shall not he held liable to
pay a personal injury or property damage claim or judgment by any one person which exceeds
the sum of $100,000,or any claim or judgment or portions thereof,which,when totaled with
all other claims or judgment paid by the Awardee arising out of the same incident or
occurrence,exceed the sum of $200,000 from any and all personal injury or property damage
claims,liabilities,losses or causes of action which may arise as a result of the negligence of
the Awardee.
D.Documents
The Awardee shall submit documents toOCED as described below or any other document in
whatever form,manner,or frequency as prescribed by OCED.These will be used for
monitoring progress,performance,and compliance with this contract and for compliance
with applicable County and Federal requirements.
1.Progress Reports
a.The Awardee shall submit a status report using the form attached hereto as
Attachment C,"Progress Report,"as it may be revised by OCED,which shall
describe the progress made by the Awardee in achieving each of the
objectives and action steps identified in Attachment A,"Scope of Services."
The Awardee shall ensure that OCED receives each report in triplicate (oras
indicated)no later than April10,2006,July 10,2006,October 10,2006 and
January 10,2007.
HlQuarterlv Reporting when Subcontractors are Utilized
Awardees 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 Awardees to file quarterly reports as to the amount of
contract monies received from the County and the amounts thereof that have
been paid by the Awardee directly to Black,Hispanic and Women-Owned
businesses performing part of the contract work.
Additionally,the listed businesses are required to sign the reports,verifying
their participation in the contract work and their receipt of such monies.For
purposes of applicability,the requirements of this resolution shall be in
addition to any other reporting requirements required by law,ordinance or
administrative order.
The Awardee shall submit to OCED a cumulative account of its activities
under this agreement by completing the following portions of the Progress
Report Form:
Section I -Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities,including accomplishments and/or delays encountered
during the implementation of the project and an unduplicated count of
clients served during the reporting period (if applicable)for each federally
defined ethnic category.Awardees engaged in construction and/or housing
rehabilitation projects shall report on the progress of their activities
including the number of housing units completed and occupied by low-
moderate and low income-residents.The Awardee shall also report
emographic 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 Awardee must report expenditure information based on approved
budgeted line items to reflect all costs incurred during the reporting period.
In addition,the Awardee shall report on Program Income Usage for each
contracted activity.
Section III -Minority Business Enterprise:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report)-TheAwardeeshallreportto OCED the number of business
activities involving minority vendors,including subcontractors performing
work under this Agreement The "Contract and Subcontract Activity Report"
Section in Attachment C,and when applicable Section 3in the same
Attachment shall be completed semiannually by the Awardee and submitted
to OCED no later than April 10,2006 and October 10,2006 .
Section IV-Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
ProgressReport)-TheAwardeeshallreport to OCED the number of focus
and service area residents who have received employment opportunities
fromfederallyfinancedand assisted projects andactivities.The
NeighborhoodEmploymentOpportunitiesReportshallbe submitted using
theProgressReportForm attached hereto asa Section in Attachment C,asit
mayberevised.Thissection of theformshallbe completed semiannually by
the Awardee and submitted to OCED no later than April 10,2006 and October
10,2006.
The Awardee shall submit to the County,ina timely manner,any other
information deemed necessary by the County,and its presentation shall
complywiththeformat specified atthetime of therequest.Failure to submit
the Progress Reports or other information ina manner satisfactory tothe
Countybytheduedateshallrenderthe Awardee in noncompliance withthis
Article.The County may require the Awardee to forfeititsclaim to payment
requests ortheCountymayinvoketheterminationprovisioninthis
Agreement bygivingfivedayswrittennotice of such actiontobe taken.
c.Unspecified Site(s)Objective-Ifthe Awardee has not yet identified alocation
tocarry out any of the activities described in Attachment A,the Awardee
shall submit,in triplicate,Progress Reports,using the form attached hereto
aspartofAttachmentC,onamonthlybasisuntilsuchtimeastheAwardee
complieswiththeprovisionscontainedwithinSection II,Paragraph D.4.of
this contract.Copies of the above described Progress Report shallbe
receivedby OCED nolaterthanthetenth(10th)business day of eachmonth
andshall address the progress undertaken by the Awardee during the
previousmonth.ThisProgressReportshallnotbe required iftheAwardeeis
submitting the Progress Reports requiredby Section II,ParagraphD.1.aand
Paragraph D.3.
Annual Report (Fourth Quarter Progress Report)-The Awardee shall submit a
cumulative status report (hereinafter referredtoas "Annual Report")using the
"Progress Report"specified in Section II,Paragraph D.1.a.above,which shall
describe the progress made by the Awardee in achieving each of the objectives
identified in Attachment A during the previous year.The "Annual Report"must cover
the CDBGfiscalyear of January 1,2006 through December 31,2006 and shall be
received by OCED no later than January 10,2007.
Environmental Review -The Awardee 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 Clearance Statement,will be prepared as described in Article II,
Section E.5.of this contract set forth below.The Environmental Review is to be
prepared on information contained in Attachment E,"Information for Environmental
Review."
Notwithstanding any provision of this Agreement,the parties hereto agree
and acknowledge that this Agreement does not constitute a commitment of
funds or site approval,and that such commitment of funds or approval mav
occur only upon satisfactory completion of environmental review and receipt
by the County of a release of funds from the U.S.Department of Housinqand
Urban Development under 24 CFR Part 58.The parties further agree that the
provision of any funds to the project is conditioned on the County's
determination to proceed with,modify or cancel the project based on the
results of a subsequent environmental review.
4.Audit Report -The Awardee shall submit to OCEDan annual audit report in triplicate
as required by Section II,Paragraph I of this contract as set forth below.The
Awardee shall submit a written statement from its auditing firm to confirm that it has
cleared any non-compliance issues stated in the audit,and a written statement from
the Auditor that the audit complies with all applicable provisions of 24CFRPart
84.26,Part 85.26 and OMB A-133.
5.Inventory Report -The Awardee shallreportannuallyall nonexpendable personal and
real property purchased withCDBG funds from this and previous agreements with
the County as specified in Section II,Paragraph Q of this contract
6.Affirmative Action Plan-The Awardee shall report to OCED information relative to the
equality of employment opportunities whenever so requested byOCED.
Participation in the CDBG Program
1.The Awardee shall maintain current documentation that its activities meet one of the
three (3)CDBG national objectives:
a.To benefit low-and-moderate-income persons;
b.To 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 Awardee shall ensure and maintain documentation
that conclusively demonstrates that each activity assisted in whole orin part with
CDBG funds isan activity which provides benefit to no less than 51%of low-and
moderate-income persons.
3.The Awardee shall comply with all applicable provisions of 24CFRPart570 and shall
carryouteachactivityin compliance withall applicable federallawsand regulations
described therein.
4.The Awardee agrees to comply with(a)the Uniform Relocation Assistance and Real
Property Acquisition PoliciesActof1970,as amended (URA),and implementing
regulations at49CFRPart24and24CFR570.606(b):(b)the requirements of 24CFR
670.606 (c)governing the Residental Antidisplacement and Relocation Assistance
planunder section 104(d)of the HCD Act;and(c)the requirements in570.606(d)
governing optional relocation policies.(The County may preemept the optional
policies).The Awardee shallprovide relocation assistance to persons (families,
individuals,businesses,non-profit organizations and farms)that are displaced as a
direct result of acquisition,rehabilitaion,demolition or conversion for a CDBG
assisted project.The Awardee also agrees to comply with applicable County
ordinances,resolutions and policies concerning the displacement of persons from
their residences.
5.For each activity or portion of activity described in Attachment A hereto for which a
location has not yet been identified,the Awardee shall obtain,immediately after a site
is identified by the Awardee,OCED's written environmental clearance statement and
shall agree in writing to comply with any and all requirements as may be set forthin
the Site Environmental Clearance Statement
6.The Awardee shall make a good faith effort to address the concerns of the residents
of the affected area.The Awardee shall cooperate with OCEDin informing the
appropriate CDBG citizen participation structures,including the appropriate area
committees,of the activities of the Awardee in adhering to the provisions of this
contract.Representatives of the Awardee shall attend meetings of the appropriate
committees and citizen participation structures,upon the request of the citizen
participation officers,OCED,or the County.
7.The Awardee shall,to the greatest extent possible,give low-and moderate-income
residents of the service areas opportunities for training and employment.
8.For activities involving acquisition,rehabilitation and/or demolition of property and
which require the relocation of families,individuals,businesses and/or industries,the
Awardee shall submit a written notification to the Urban Development Unit of OCED
prior to relocating,evacuating,and/or dispersing any and all legal occupants who
reside at this property on the basis of a long or short term lease.When the legality of
an occupant (individual,family,business,and/or industry)is in question,the Awardee
shall contact the above mentioned unit prior to making a determination.
Awardees receiving CDBG funds shall adhere to 24 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 Awardee shall adopt Affirmative Marketing Procedures and requirements for
CDBG assisted projects.These procedures must consist of actions to provide
information and attract eligible persons from all racial,ethnic and gender groups to
the available services.The Awardee shall annually assess its affirmative marketing
program to determine if the procedures used to comply with the requirements
specified in Public Law 88-352 and Public Law 90-284 successfully meet these
requirements.The Awardee shall submit to OCED its Affirmative Marketing Plan no
later than 60 days from the date this Agreement is executed.
10.For any Housing activities,the Awardee shall successfully complete the Community
Development coursework conducted by the Local Initiatives Support Corporation,
which will be held at Florida International University throughout the current contract
period.The Awardee shall provide written notification to OCED,no later than30 days
after the completion of the coursework.This requirement may be waived in the sole
discretion of OCED for Awardees who demonstrate knowledge of real estate
5
development and organizational management theory.OCED shall consider such
)waiver upon receipt ofthe written request by the Awardee.
F.Federal,State,and County Laws and Regulations
1.RULES,REGULATIONS AND LICENSING REQUIREMENTS
The Awardee shall comply with all laws,ordinances and regulations applicable to the
services contemplated herein,especially those applicable to conflict of interest and
collusion.Awardees are presumed to be familiar with all Federal,State and local
laws,ordinances,codes,rules and regulations that may in any way affect the goods
or services offered,especially Executive Order No.11246 entitled "Equal Employment
Opportunity"and as amended by Executive Order No.11375,as supplemented by the
Department of Labor Regulations (41CFR,Part 60),the Americans with Disabilities
Act of 1990 and implementing regulations,the Rehabilitation Act of 1973,as
amended,Chapter 553 of Florida Statutes andanyand all other local,State and
Federal directives,ordinances,rules,orders,and laws relating to people with
disabilities.The Awardee will also comply with 24CFR Part 85,OMB A-128,OMBA-
87,and with the applicable procedures specified in OCED's Contract Compliance
Manual,which are incorporated herein by reference,receipt of which is hereby
acknowledged,and as they may be revised.
2.The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973,as
amended,which prohibits discrimination on the basis of handicap;Title VI of the Civil
Rights Act of 1964,as amended,which prohibits discrimination on the basis of race,
color,or national origin;the Age Discrimination Act of 1975,as amended,which
prohibits discrimination on the basis of age;Title VIII of the Civil Rights Act of 1968,
as amended,and Executive Order 11063 which prohibits discrimination in housing on
the basis of race,color,religion,sex,or national origin;Executive Order 11246,as
amended which requires equal employment opportunity;and with the Energy Policy
and Conservation Act(Pub.L94-163)which requires mandatory standards and
policies relating to energy efficiency.
The Provider also agrees to comply with the Domestic Violence Leave codified as
11A-60 et seq.ofthe Miami-Dade CountyCode,which requires an employer,whoin
the regular course of business has fifty(50)or more employees working inMiami-
Dade County for each working day during each of twenty (20)or more calendar work
weeks toprovide domestic violence leavetoits employees.Failureto comply with
this local law-maybe grounds for voiding or terminating this Agreement orfor
commencement of debarment proceedings against the Provider.
3.If the amount payable to the Awardee pursuant to the terms of this contract isin
excess of$100,000,theAwardeeshallcomplywithall applicable standards,orders,
or regulations,issued pursuant to Section 306oftheCleanAirActof 1970 (42 U.S.C.
1857h),as amended;theFederalWaterPollutionControlAct(33U.S.C.1251),as
amended;Section 508of the Clean Water Act(33U.S.C.1368);Environmental
Protection Agency regulations (40CFRPart 15);and Executive Order 11738.
4.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee
shall report its compliance with Section 504 of the Rehabilitation Act whenever so
requested by OCED.
5.Americans with Disabilities Act (ADA)of1990-The Awardee 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 AffirmativeActionPlan and Procurement Policy onfilewith the
County's Department of Business Development.Said firms must also submit,as a
part of their proposals/bids tobefiledwith the Clerkof 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 detailedlisting of
their Boards of Directors,showing the race or ethnicity of each board member,to the
County's Department of Business Development.Firms claiming exemption must
submit,as a part of their proposals/bids to be filed with the Clerk of the Board,an
appropriately completed and signed Exemption Affidavit in accordance with
Ordinance 98-30.These submittals shall be subject to periodic reviews to assure that
the entities do not discriminate in their employment and procurement practices
against minorities and women-owned businesses.
It will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compliance with the Ordinance.Those
firms that do not exceed $5 million annual gross revenues must clearly state so in
their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Managerforawardby
the Board of County Commissioners.
7.Domestic Violence Leave Affidavit:Prior to entering into any contract with the Couty,
a firm desiring to do business with the County shall,as a condition of award,certify
that it is in compliance with the Domestic Leave Ordinance,99-5 and Section 11A-60
of the Miami-Dade County Code.This Ordinance applies to employers that have,in
the regular course of business,fifty (50)or more employees working in Miami Dade
County for each working day during each of twenty (20)or more calendar work weeks
in the current or preceding calendar year.In accordance with Resolution R-185-00,
the obligation to provide domestic violence leave to employees shall be a contractual
obligation.The County shall not enter into a contract with any firm that has not
certified its compliance with the Domestic Leave Ordinance.Failure to comply with
the requirements of Resolution R-185-00,as well as the Domestic Leave Ordinance
may result in the contract being declared void,the contract being terminated and/or
the firm being debarred.
8.Code of Business Ethics:In accordance with Section 2-8.1(1)of the Code of
Miami-dade County each person or entitiy that seeks to do business with
Miami-Dade County shall adopt a Code of Business Ethics ("Code")and shall
submit an affidavit stating that the Awardee has adopted a Code that
complies with the requirements of Section 2-8.1(i)of the Miami-Dade County
Code (Form A-12).
9.PUBLIC ENTITY CRIMES
Pursuant to Paragraph 2(a)of Section 287.133,Florida Statutes,a person or
affiliate who has been placed on the convicted vendor list following a
conviction fora public entity crime may not submit a proposal fora contract to
provide any goods or services toa public entity;may not submit a proposal on
a contract with a public entity for the construction orrepair of a public building
or public work;may not submit proposals on leases of real property toapublic
entity;may not be awarded or perform work as a Awardee,supplier,
subcontractor,or consultant under a contract with any public entity;and,may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017for Category TWO($10,000)foraperiod of thirty-
six (36)months from the date of being placed on the convicted vendor list.The
Awardee warrants and represents that it has not been placed on the convicted
vendor list The Awardee agrees that should Miami-Dade County discover that
the Awardee's representations regarding the list are false,this contract shall be
terminated on the discretion of Miami-Dade County.Further,should the
Awardee be placed on the list at any time during this contract Miami-Dade
County shall have the right to terminate this agreement
10.CRIMINAL CONVICTION
Pursuant to Miami-Dade County Ordinance No.94-34,"Any individual who has
been convicted of a felony during the past ten years and any corporation,
partnership,jointventureorother legal entityhavingan officer,director,or
executive who has been convicted of a felony during the past ten years shall
disclose this informationpriorto entering intoa contract withor receiving
funding from the County."Failure ofthe Awardee to disclosethis information
as required may lead tothe termination ofthisagreementby Miami-Dade
County.
If any attesting firm,orany owner,subsidiary,or other firm affiliated withor related tothe
attesting firm,isfoundbythe responsible enforcement agency,the Courts orthe County tobe
inviolationoftheActs,theCountywill conduct nofurther business with such attesting firm.
Any contract entered intobased upon a false affidavit,as listed below,and submitted
pursuant to this resolution shallbevoidableby 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 DueFees
or Taxes
10.Affirmative Action Affidavits
11.Current on all County Contracts,Loans,and Other Obligations Affidavit
12.Project Fresh Start Affidavit
13.Domestic Violence Leave Affidavit
14.Code of Business Ethics Affidavit
15.Financial and Conflicts of Interest Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm
has with the County,such contract shall be voidable by the County,even if the attesting firm
was not in violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1.The Americans with Disabilities Act of 1990 (ADA),Pub.L.101-336,104 Stat 327,42
U.S.C.12101-12213 and 47 U.S.C.Sections 225 and 611 including Title I,Employment;
Title II,Public Services;Title III,Public Accommodations and Services Operated by
Private Entities;Title IV,Telecommunications;and Title V,Miscellaneous Provisions.
2.The Rehabilitation Act of 1973,29 U.S.C.Section 794;
3.The Federal Transit Act as amended 49 U.S.C.Section 1612;
4.The Fair Housing Act as amended,42 U.S.C.Section 3601-3631.
G.Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation,only the
conflicting provision shall be deemed by the parties hereto to be modified to be consistent
with the lawor regulation or to be deleted if modification is impossible.However,the
obligations under this contract,as modified,shall continue and all other provisions of this
contract shall remain in full force and effect
H.Construction
If the Awardee engages in,procures,or makes loans for construction work,the Awardee
shall:
1.Contact the OCED representative noted in Section IV,Paragraph K of this contract,
priorto taking any action,to schedule a meeting to receive compliance information.
2.Comply with the Awardee's procurement and pre-award requirements and
procedures which,ata minimum,shall adhere to all applicable federal standards.
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3.Comply with the Davis-Bacon Act;Copeland Anti-Kick Back Act;Contract Work
Hoursand Safety Standards Act;and Lead-Based Paint Poisoning Prevention Act as
amended on September 15,1999;and other related acts,as applicable.
4.Submit to OCEDfor written prior approval all proposed Solicitation Notices,
Invitations for Bids,and Requests for Proposals prior to publication.
5.Submit to OCEDall construction plans and specifications and receive OCED's
approval prior to implementation.
6.Contact the OCED representative noted in Section IV,Paragraph Kpriorto
scheduling a pre-construction conference.
In accordance with industry standards,OCEDwill hold 10%of the total grantaward
asa retainer until the completion of the construction work is verified by OCED
through a Certificate of Occupancy.
7.The County shall have the right to assign the Community Builders Division of
the Office of Community and Economic Development to assist the project if
the County's staff determines that the Awardee has been unable to
consistently achieve the work and units described within the time frames of
the action step format of this agreement.Such involvement will result ina
reduction of a maximum of 5%of the agreement's award to cover the cost of
the technical assistance.The Awardee shall cooperate and comply with all
requests made by the Community Builders Division of the Office of
Community and Economic Development.
Audits and Records
1.The Awardee expending $300,000 or more annually in federal awards shall have a
single or program specific audit conducted in accordance with OMB A-133.The
Awardee expending federal awards of $300,000 or more under only one federal
program may elect to have a program-specific audit performed,in accordance with
OMB A-133.Awardees who will be receiving,or who have received,federal awards
for loans or loan guaranteed programs may be required to conduct audits of those
programs in accordance with regulations of the federal agencies providing those
guarantees or loans.
2.The Awardee expending less than $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 Awardees
are required by OCED to submit "reduced scope"audits (e.g.,financial audits,
performance audits).They may choose instead of a reduced scope audit to have a
program audit conducted for each federal award in accordance with federal laws and
regulations governing the programs in which they participate.Records must be
available for review or audit by appropriate officials of the General Accounting Office
and other federal and county agencies.
3.When the requirements of OMB A-133 apply,or when the Awardee elects to comply
with OMB A-133,an audit shall be conducted for each fiscal year for which federal
awards attributable to this contract have been received by the Awardee.Each audit
shall include a fiscal review,which includes a validation of all program generated
income and its disposition,especially attributable to CDBG funds,an internal control
review,and a compliance review as described in OMB A-133.A copy of the audit
report in triplicate must be received by OCED no later than six (6)months following
the end of the Awardee's fiscal year.
4.The Awardee shall maintain all Contract Records in accordance with generally
accepted accounting principles,procedures,and practices which shall sufficiently
and properly reflect all revenues and expenditures of funds provided directly or
indirectly by the County pursuant to the terms of this contract
5.The Awardee shall maintainall Contract Records that document all actions
undertakentoaccomplishthe"ScopeofServices"outlinedinAttachmentAinthis
contract.
6.The Awardee shall ensure that the Contract Records shall be atall times subject to
and available forfull access and review,inspection,or audit by County and federal
personnelandanyotherpersonneldulyauthorizedbytheCounty.
7.The Awardee shall include inallOCED approved subcontracts used to engage
subcontractors tocarryoutanyeligible substantive programmatic services,as such
services are described in this contract and defined by OCED,each of the record
keepingandauditrequirementsdetailedinthiscontract.OCED shall,initssole
discretion,determine when services areeligible substantive programmatic services
and subject totheauditand record-keeping requirements described above.
8.TheCountyreservestherighttorequiretheAwardeetosubmittoanauditbyAudit
and management Servicesorotherauditor of theCounty's choosing attheAwardee's
expense.TheAwardeeshallprovide access toall of itsrecords,whichrelatedirectly
or indirectly to this Agreement atitsplace of business duringregular business hours.
The Awardee shall retain all records pertaining to .the Agreement and upon request
make them availabletothe County for three yearsfollowing expiration of the
Agreement The Awardee agrees to provide such assistance as may be necessary to
facilitate the review orauditby the County to ensure compliance with applicable
accounting and financial standards.
9.The Awardee shall ensure that its auditors share their audit results with OCED.This
will include their completion of the monitoring instrument at the time that the agency
undergoes its annual audit or reduced scope audit The auditors must submit the
completed monitoring instrument and the audit report toOCED within six months
after the conclusion of the audit period.
Retention of Records
1.The Awardee shall retain all Contract Records for a period of at least five (5)years
(hereinafter referred to as "Retention Period")subject to the limitations set forth
below:
a.For all non-CDBG assisted activities the Retention Period shall begin upon
the expiration or termination of this contract
b.For CDBG assisted public service activities the Retention Period shall begin
upon the date of U.S.HUD's acceptance of OCED's annual Grantee
Performance Report for the year in which the activity is reported as
completed.For each public service activity the Awardee must retain all
contract records except those relating to real and nonexpendable personal
property.
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.Forall the
CDBG assisted activities covered by this Section II,Paragraph J.I.e.,the
Awardee 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 property shall begin upon the
date of the final disposition of the property.
2.If the County or the Awardee have received or given notice of any kind indicating any
threatened or pending litigation,claim or audit arising out of the services provided
pursuant to the terms of this contract,the Retention Period shall be extended until
such time as the threatened or pending litigation,claim or audit is,in the sole and
absolute discretion of OCED,fully,completely and finally resolved.
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3.The Awardee shall allow the County,federal personnel,or any person authorized by
the County full access to and the right to examine any of the contract records during
the required Retention Period.
4.The Awardee shall notify OCED in writing,both during the pendency of this contract
and after its expirations part of the final close-out procedure,of the address where all
contract records will be retained.
5.The Awardee shall obtain written approval of OCED prior to disposing of any contract
records within one year after expiration of the Retention Period.
K.Provision of Records
1.The Awardee shall provide to OCED,upon request,all contract records.These
records shall become the property of OCED without restriction,reservation,or
limitation of their use.OCED shall have unlimited rights to all books,articles,or
other copyrightable materials developed for the purpose of this contract These
unlimited rights shall include the rights to royalty-fees;nonexclusive,and irrevocable
license to reproduce,publish,or otherwise use,and to authorize others to use,the
information for public purposes.
2.If the Awardee receives funds from,oris regulated by other governmental agencies,
and those agencies issue monitoring reports,regulatory examinations,or other
similar reports,the Awardee shall provide a copy of each report and any follow-up
communications and reports to OCED immediately upon such issuance unless such
disclosure is a violation of the regulatory agencies issuing the reports.
3.MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEW
According to Section 2-1076oftheCodeof Miami-Dade County,as amended by
Ordinance No.99-63,Miami-Dade County has established the Office of the Inspector
General which may,onarandom basis,perform audits onall County contracts,
throughoutthedurationofsaidcontracts,except asotherwiseprovidedbelow.The
cost of theaudit of anyContractshallbeonequarter(1/4)of one(1)percent ofthe
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
Awardee.The audit cost shall also be included inall change orders and all contract
renewals and extensions.
^^BJExceDtion:Theabove application ofonequarter (1/4)ofonepercentfee
assessment shallnotapplyto the following contracts:(a)IPSIG contracts;
(b)contractsfor legal services;(c)contractsfor financial advisoryservices;
(d)auditing contracts;(e)facility rentals andlease agreements;(f)
concessions and other rental agreements;(g)insurance contracts;(h)
revenue-generatingcontracts;(I)contractswherean IPSIG is assigned at
thetimethe contract is approved by the Commission;(j)professional
serviceagreementsunder $1,000;(k)management agreements;(I)small
purchase ordersas defined in Miami-Dade County Administrative Order 3-2;
(m)federal,stateand local government-funded grants;and (n)interlocal
agreements.Notwithstanding the foregoing,the Miami-Dade County Board
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.
Nothingcontainedaboveshallinanywaylimitthepowersof the Inspector
General to perform audits on this contract.
COMMISSION AUDITOR ACCESS TO RECORDS
Pursuant to Ordinance No.03-2,Awardee shall grant access to the
Commission Auditor to all financial and performance related records,
property,and equipment purchasedinwholeorinpartwith government
funds,including funds awarded tp Awardee pursuant to this contract.
L.Prior Approval
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The Awardee shallobtainpriorwrittenapprovalfrom OCED priorto undertaking anyofthe
following:
1.The engagement orexecutionofany subcontracts or contract assignments,wherein
CDBG funds willbe used topayfor goods or services.The Awardee must submit all
proposed agreement documents to OCED atleastthirty(30)dayspriortothestart
dateoftheagreement OCED shall have no obligation to approve payment of
any expenditure (resultingfroman agreement or subcontract)which was
incurred priorto the approval by OCED of such agreement or subcontract.
2.The addition ofany 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 Q.1.of this contract
6.All out-of-town travel not specifically listed in the approved budget
7.The disposition of program income not specifically listed in the approved program
income budget
8.The publication of proposed Solicitation Notices,Invitations for Bids and Requests
for Proposals as provided forin Section II,Paragraph H of this contract
9.The disposal of all contract records as provided for in Section II,Paragraph J of this
contract.
M.Monitoring
The Awardee shall permit OCED and other persons duly authorized by OCED to inspect all
contract records,facilities,equipment,materials,and services of the Awardee which are in
any way connected to the activities undertaken pursuant to the terms of this contract,and/or
to interview any clients employees,subcontractors,or assignees of the Awardee.Following
such inspection or interviews,OCEDwill deliver to the Awardee a report of its findings,and
the Awardee will rectify all deficiencies cited by OCED within the specified period of time set
forthin the report,or provide OCED with a reasonable justification for not correcting the
deficiencies.OCED will determine,in its sole and absolute discretion whether or not the
Awardee's justification is acceptable orif the Awardee must,despite the justification,rectify
the deficiencies cited by OCEDin its report.
N.Conflict of Interest
The Awardee agrees to abide by the provisions of 24CFR84.42(24CFRPart85.36for Public
Agencies)and 24CFR570.611 with respect to conflicts of interest,and covenants that it
presently has no financial interest and shall not acquire any financial interest,direct or
indirect,which would conflict in any manner or degree with the performance of services
requried under this Agreement The Awardee further covenants that in the performance of
this Agreement no person having such a financial interest shall be employed or retained by
the Awardee hereunder.These conflict of interest provisions apply to any person who isan
employee,agent,consultant,officer,or elected official or appointed official of the County,or
of any designated public agencies or subrecipients which are receiving funds under the
CDBG Entitlement program.
The Awardee shall submit to OCED within five days of execution of this contract all updated
Conflict of Interest affidavits,Related Party Disclosure statements,list of current Board
members,and list of all business associations with the following documents:
>Original contract or its subsequent amendments.
>Requests for budget revisions.
>Requests for approval of subcontracts.
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Non-compliance with the above requirements will be considered a breach of contract,which
will result in the immediate termination of the agreement,the recovery of the entire funding
award,and the disqualification of funding through OCEDfora period of three years.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any
party that are covered by the above standards.The Awardee shall make such disclosure in
writing to OCED immediately upon the Awardee's discovery of such possible conflict OCED
will then render an opinion which shall be binding on all parties.
0.Publicity,Advertisements and Signage
1.The Awardee shall ensure that all publicity,public relations and advertisements and
signs,recognize the Miami-Dade Office of Community and Economic Development
(OCED)and Community Development Block Grant (CDBG)for the support of all
contracted activities.This is to include,but is not limited to,all posted signs,
pamphlets,wall plaques,cornerstones,dedications,notices,flyers,brochures,news
releases,media packages,promotions,and stationery.All signs used to publicize
OCED contracted activities must be approved by OCED prior to being posted and
must also meet the standard specifications as established by OCED.The use of the
official Miami-Dade OCED logo is permissible
2.The Awardee shall furnish,erect and maintain construction signs in accordance with
sketch included in these contract documents.The signs shall be made of %inch
thick marine plywood,newly painted and lettered according to the accompanying
sketch.The signs shall be painted and lettered in accordance with professional
outdoor sign painting standards as to layout,symmetry,proportion,clarity and
neatness and use of weather-resistant colors and materials.The Awardee shall place
the signs,securely braced and mounted,as shown on the typical project sign
placement diagram or as directed by the engineer.All materials shall be provided by
the Awardee and the signs shall remain in the property of the Owner at the
completion of the contract.NO WORK SHALLCOMMENCEUNTILTHEPROJECT
SIGNS ARE SECURED IN PLACE.THE SIGNS SHALL BE IN ACCORDANCE WITH THE
DETAIL SHOWN IN ATTACHMENT F.For this project signs will be required.Payment
for furnishing,installing and maintaining the sign shallbe under the bid amount for
mobilization.
P.Procurement
The Awardee must take affirmative steps to procure supplies,equipment,construction,or
services tofulfill this contract from minority and women's businesses,andto provide these
sources the maximum feasible opportunity to compete for subcontracts tobe procured
pursuanttothis contract Tothemaximumextentfeasible,these businesses shallbelocated
inor owned by residents of theCommunityDevelopmentareas designated by OCED inthe
CDBG applicationapprovedbythe supervising federal agency.TheAwardeeshallassurethat
all subcontracts orthirdparty agreements contain provisions with stated goals,thatlow-
income residents from Community Development focus and service areasbeprovidedwith
opportunities for employment andtrainingin contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968,the
Awardee must direct federal financial assistance toward Target Area residents and ensure
that employment and economic opportunities begiventolowandverylow-incomepersons,
particularly those whoarerecipientsofgovernmentassistanceforhousingaccordingtothe
guidelines mentioned below:
1.Theworktobeperformedunderthiscontractis subject totherequirements of section3of
theHousingand Urban DevelopmentActof1968,asamended,12 U.S.C.170lu(section3).
The purpose of section 3isto ensure that employment and other economic opportunities
generatedby HUD assistance or HUD-assisted projectscoveredbysection3,shall,tothe
greatest extent feasible,bedirectedtolow-andverylow-incomepersons,particularly
persons who are recipients of HUD assistance for housing.
2.Thepartiesto this contract agreeto comply with HUD's regulations in24CFRpart135,which
implement section 3.As evidenced bytheir execution of thiscontract,thepartiestothis
contract certify that they are under no contractual or other impediment that would prevent
them from complying with the part 135 regulations.
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3.The Awardee agrees to send toeachlabororganizationor representative of workers with
which the Awardee has a collective bargaining agreement or other understanding,if any,a
notice advising the labororganizationor workers'representative of the Awardee's
commitments under this section 3 clause,and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice.The notice shall describe the section 3 preference,shall set
forth minimum number andjob titles subject tohire,availability of apprenticeship andtraining
positions,the qualifications foreach;and the name andlocation of the person(s)taking
applications for each of the positions;and the anticipated date the work shall begin.
4.The Awardee agrees to include this section 3 clause in every subcontract subject to
compliance with regulations 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 isin violation of the regulations in24CFRpart135.The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in24CFR
part 135.
5.The Awardee will certify that any vacant employment positions,including training positions,
that arefilled(1)after the Awardee is selected but before the contract is executed,and (2)
with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed,were not filled to circumvent the Awardee's
obligations under 24 CFR part 135.
6.Noncompliance with HUD's regulations in24 CFR part 135 may result in sanctions,
termination of this contract for default,and debarment or suspension from future HUD
assisted contracts.
7.With respect to work performed in connection with section 3 covered Indian housing
assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act (25
U.S.C.450e)also applies to the work tobe 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 toIndian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b)agree to
comply with section 3 to the maximum extent feasible,but not in derogation of compliance
with section 7(b).
8.Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts inwhich subcontractors maybe used shallbe subject to
and comply with Ordinance 97-35as amended,requiring Awardees to provide adetailed
statement of their policies and procedures for awarding subcontracts which:
a)notifies the broadest number oflocal subcontractors ofthe opportunity tobeawardeda
subcontract;
b)inviteslocal subcontractors tosubmitbids/proposalsina practical,expedient way;
c)provides local subcontractors access to information necessary toprepareandformulate
a subcontracting bid/proposal;
jSHJallows local subcontractors tomeet with appropriate personnel ofthe Awardee to
discuss the Awardee's requirements;and
-{awards subcontracts based on full and complete consideration of all submitted proposals
and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall,asa condition of award,provide a
statement of their subcontracting policies and procedures (see attached FormA-7.2).
Awardees who failto 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 inMiami-Dade County or having aplace
of business located in Miami-Dade County from which the contract or subcontract will be
performed.
The term "subcontractor"means a business independent of a Awardee that may agree with
the Awardee to perform a portion of a contract.
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The term "subcontract"means an agreement between a Awardee anda subcontractor to
performaportion of a contract between the Awardee and the County.
Q.Property
1.Definitions
a.Real Property:Land,land improvements,structures,fixtures and
appurtenances thereto,excluding movable machinery and equipment
b.Personal Property:Personal property of any kind except real property.
1)Tangible:All personal property having physical existence.
2)Intangible:All personal property having no physical existence such
as patents,inventions,and copyrights
c.Nonexpendable Personal Property.Tangible personal property of a
nonconsumable nature,with a value of $500 or more per item,with a normal
expected life of one or more years,not fixed in place,and not an integral part
of a structure,facility or another piece of equipment.
d.Expendable Personal Property:All tangible personal property other than
nonexpendable property.
2.The Awardee shall comply with the real property requirements as stated below:
a.Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds received from OCEDin excess of $25,000 shall
be either:
1)Used to meet one of the three (3)CDBG national objectives required
by and defined in24 CFR Part 570.208 for five (5)years following the
expiration or termination of this contract,or for such longer period
of time as determined by OCED in its sole and absolute discretion;
or
2)Not used to meet one of the three (3)CDBGNational Objectives.In
the event the property is not used to meet one of the national
objectives forfive(5)years following the expiration or termination of
this Awardee such longer period as determined by OCED-then the
Contract or shall pay to OCEDan amount equal to the market value
of the property as may be determined by OCEDin its sole and
absolute discretion,less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of,or
improvement to,the property.Reimbursement is not required after
the period of time specified in Paragraph Q.2.a.1.,above.
b.Any real property under the Awardee's control that was acquired or
improved in whole orinpart with CDBG funds fromOCEDfor$25,000
or less shall be disposed of,at the expiration or termination of this
contract,in accordance with instructions from OCED.
c.Allreal property purchased in whole or in part with funds from this
and previous contracts with OCED,or transferred to the Awardee
after being purchased in whole or in part with funds from OCED,shall
be listed in the property records of the Awardee and shall include a
legal description;size;date of acquisition;value at time of
acquisition;present market value;present condition;address or
location;owner's name if different from the Awardee;information on
the transfer or disposition of the property;and map indicating
whether property is in parcels,lots,or blocks and showing adjacent
streets and roads.The property records shall describe the
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programmatic purpose for which the property was acquired and
identify the CDBG national objective that will be met.If the property
was improved,the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG
national objective that will be met.
d.For awards involving the purchase of real property,the Awardee
agrees to execute a mortgage or loan document for the CDBG award
with OCED within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of
the CDBG award for the project and termination of this agreement.
e.Allreal property shall be inventoried annually by the Awardee and an
inventory report shall be submitted to OCED.This report shall include
the elements listed in Paragraph T.2.C.,above.
3.The.Awardee shall comply with the nonexpendable personal property requirements
as stated below.
a.All nonexpendable personal property purchased in whole or in part with
funds from this and previous contracts with OCED shall be listed in the
property records of the Awardee and shall include a description of the
property;location;model number;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 orinpart with
funds from this and previous contracts with OCED shall be inventoried
annually by the Awardee and an inventory report shall be submitted to OCED
when and as requested by OCED.The inventory report shall include the
elements listed in Paragraph Q.3.a.,above.
c.Title (ownership)to all nonexpendable personal property purchased in whole
orinpart with funds given to the Awardee pursuant to the terms of this
contract shall vest in the County and OCED.
4.The Awardee shallobtain the priorwrittenapprovalfromOCEDfor the disposition of
realproperty,expendable personalproperty,and nonexpendable personal property
purchased in whole orinpart with funds given to the Awardee or subcontractor
pursuant to the terms of this contract The Awardee shall dispose of all such
property in accordance with instructions fromOCED.Those instructions mayrequire
the return of all such property to OCED.
R.Program Income
1.Program incomeasdefinedin24 CFR Part 570.500 means grossincomereceivedby
the Awardee directly generated from activities supported byCDBG funds.When
program income is generated byan activity that is only partially assisted withCDBG
funds,the income shallbeproratedtoreflect the percentage of CDBGfunds used.
2.If the Awardee generates program income;the Awardee may retain the programand
use itfor costs that arein addition to the approved costs of this contract,provided
that such costs specifically further the objectives of this contract These additional
costs need not beofakind that would be permissible as charges to this contract
However,the Awardee shallnot,under any circumstances,use program income to
payfor charges or expenses that are specifically not allowed pursuant to the terms of
this contract and applicable federal regulations or rules or any County rules or
ordinance.
a.The Awardee shall comply with the program income provisions inOCED'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.
16
b.The County mav in its sole discretion allow Awardee to Use Program
Income to carry out eligible activities.The Awardee mav request to
use Program Income for eligible activities.If the Awardee requests to
use Program Income,the Awardee shall report to OCED all cumulative
Program Income generated from activities financed in whole or in part
by funds from this contract.This information,along with a check
payable to Miami-Dade County for the generated Program Income,
must be submitted quarterly as part of the Fiscal Section of the
Awardee's Progress Report as outlined in Section II.Paragraph D.2.a.
c.The Awardee shall report Program Income for as long as it receives
and/or has control over Program Income generated from this and any
previous contracts with OCED.
d.The Awardee shall provide to OCEDa written explanation of the
activities to be assisted with Program Income and shall obtain
OCED's written approval prior to implementing those activities.All
provisions of this contract shall apply to any activity performed using
Program Income.
e.Subject to the limitations set forthin this paragraph,the Awardee may use
program income to fund any CDBG eligible activity as provided for and
defined by 24 CFR Part 570 et seq.
f.Program income from a revolving loan activity must be used only for the
same revolving loan activity.
g.Program income from a revolving loan activity,such as loan repayments,
interest earned,late fees,and investment income,shall be substantially
disbursed to eligible loans,loan-related programmatic costs,and operational
costs for the same revolving loan activity before the Awardee may request
additional CDBG funds for that activity.
h.All program income from nonrevolving loan activities shall be substantially
disbursed to carry out other OCED approved CDBG eligible activities,and to
cover operational costs before requesting additional CDBG funds.
i.Any proceeds from the sale of property as detailed in Section II,Paragraph
Q.4.,above,shall be considered program income.
j.The Awardee shall obtain,as part of the required audit report,validation by a
certified auditor of all program generated income and its disposition.
3.Upon expiration or termination of this contract or at the end of any program year,the
Awardee shall transfer to the County any program income funds on hand,and any
program income accounts receivable attributable to any CDBG funded activities.
OCED may require remittance of all or part of any program income balances
(including investments thereof)held by the Awardee (except those needed for
immediate cash needs,cash balances of a revolving loan fund,cash balances from a
lump sum drawdown,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 Awardee,and
such action shall not require an amendment to this contracts.
S.Travel
The Awardee shall comply with the County's travel policies.Documentation of travel
expenses shall conform to the requirements of OCED's Contract Compliance Manual.
Subcontracts and Assignments
17
1.Unless otherwise specified in this contract,the Awardee shall not subcontract any
portion of the work without the prior written consent of the County.Subcontracting
without the prior consent of the County may result in termination of the contract for
breach.When Subcontracting is allowed,the Awardee shall comply with County
Resolution No.1634-93,Section 10-34 of the County Code and Section 2-8.8 of the
County Code.The Awardee shall ensure that all subcontracts and assignments:
a.Comply with all requirements and regulations specified in OCED's Contract
Compliance 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 a regulatory
and other requirements of this contract and with any conditions of approval
that the County orOCED deem necessary.This applies only to subcontracts
and assignments in which parties are engaged to carry out any eligible
substantive programmatic service,as may be defined by OCED,set forth in
this contract OCED shall in its sole discretion determine when services are
eligible substantive programmatic services and subject to the audit and
record-keeping requirements described above,and;
f.Incorporate the language of Attachment E,"Certification Regarding
Lobbying."
2.The Awardee shall incorporate inall consultant subcontracts this additional
provision:
The Awardee is not responsible for any insurance or other fringe benefits,e.g.,social
security,income tax withholdings,retirement or leave benefits,for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee.
The Consultant assumes full responsibility for the provision of all insurance and
fringe benefits for himself or herself and employees retained by the Consultant in
carrying out the Scope of Services provided in this subcontract.
3.The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services
4.The Awardee shall receive fromOCED written prior approval for any subcontract prior
to engaging any party who agrees to carry out any substantive programmatic
activities as may be determined by OCED as described in this contract.OCED's
approval shall be obtained prior to the release of any funds for the subcontractor.
5.The Awardee shall receive written approvalfromOCEDpriorto either assigning or
transferring any obligations or responsibility set forthin this contract or the right to
receive benefits or payments resulting from this contract.
6.Approval by OCED of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by OCEDin
excess of the total dollar amount agreed upon this contract.
7.If the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials,the Awardee shall provide the names of
the subcontractors and suppliers to OCED.The Awardee agrees that it will not
change or substitute subcontractors or suppliers from the list without prior written
approval from OCED.
U.Additional Funding
18
The Awardee shall notify OCED of any additional funding received for any activity described in
this contract.Such notification shall be in writing and received by OCED within thirty (30)
days of the Awardee's notification by the funding source.
V.Method of Payment
The Awardee shall be paid as described below:
1.The Awardee shall be paid for those expenses allowed pursuant to the provisions
provided below only when the Awardee submits to OCED adequate proof,as
determined by OCED in its sole discretion,that the Awardee has incurred the
expenditures.It shall be presumed that the Awardee has provided adequate proof of
having incurred expenses if the Awardee submits to OCED canceled checks or
original invoices approved by the Awardee's authorized representative.When original
documents cannot be presented,the Awardee must adequately justify their absence
in writing and furnish copies of those documents to OCED.The Awardee must
adequately justify their absence in writing and furnish copies of those documents to
OCED.The Awardee shall be paid only for those expenditures contained within
Attachment B,"Budget,"to this contract as it may be revised with the prior written
approval by OCED.
2.Requests for payment shall be assembled by calendar month and submitted to OCED
no less frequently than monthly.Expenditures incurred by the Awardee must be
submitted to OCED for payment within 30 days after the month in which the
expenditures were incurred,Failure to comply may result in rejection of invoices.
3.In no event shall the County provide advance CDBG funding to the Awardee or to any
subcontractor hereunder nor shall the Awardee advance CDBG funds to any party.
4.Any payment due under the terms of this contract may be withheld pending the
receipt and approval by OCED of all reports and documents which the Awardee is
required to submit to OCED pursuant to the terms of this contract or any
amendments thereto.
5.All payments will be limited to the quarterly payment schedule that accompanies the
action step chart in the scope of services and payment is contingent on the
achievement by the Awardee of the quarterly accomplishment levels identified in the
scope of services portion of this agreement -Attachment "A,"which,shall be
submitted with all payment requests and shall clearly identify the completed level of
accomplishments met.This shall also apply to soft costs associated with project
delivery.
6.No payments will be made without evidence of appropriate insurance required by this
contract Such evidence must be on file with OCED and the County's Risk
Management Division.OCED must receive the final request for payment from the
Awardee no more than thirty (30)calendar days after the expiration or termination of
this contract If the Awardee fails to comply with this requirement,the Awardee will
forfeit all rights to payments if OCED,in its sole discretion,so chooses.
7.Within thirty (30)calendar days after this contract expires or is terminated,the
Awardee shall provide to OCED a list of all invoices and costs that relate to this
contract's approved Budget and that have not been submitted to OCED.Any invoice
received by OCED,subsequent to receipt of this list by OCED which reflects a cost
not included on this list will not be paid.
8.All monies paid to the Awardee which have not been used to retire outstanding
obligations of this contract must be refunded to OCED in accordance with OCED's
Contract Compliance Manual.
9.Any unexpended funds remaining after the completion of the services under this
contract,or after termination of this contract for any reason,shall be recaptured in
full by the County.
W.Reversion of Assets
19
The Awardee shall return to OCED,upon the expiration or termination of this
contract all assets,owned or held by Awardee as a result of this contract,including,
but not limited to any CDBG funds on hand,any accounts receivable,any
overpayments due to unearned funds or costs disallowed pursuant to the terms of
this contract that were disbursed to the Awardee by the County,other than
reasonable operating and deficit reserves established by Awardee and which are
connected with the real property.In the case of activities involving real property,
such reserves shall not be distributed to any partner or subcontractor prior to
repayment to OCED of the CDBGLoan.The Awardee shall at the request of the
County execute any andail documents,including but not limited to mortgages
securing the property and UCC financing statements,as required by the County to
effectuate the reversion of assets.
III.The County Agrees:
Subject to the availability of funds,topayfor contracted activities according to the terms and
conditions contained within this contract in an amount not to exceed $45000.
IV.The Awardee and OCED Agree:
A.Effective Date
1.This contract shall begin on January 1.2006 .Any costs incurred by the Awardee
prior to this date will not be reimbursed by the County.
2.This contract shall expire on December 31.2006.Any costs incurred by the
Awardee beyond this date will not be reimbursed by the County.The term of
this agreement and the provisions herein may be extended by the County to
cover any additonal time period during which the Awardee remains in control
of the CDBG funds or other assests,including Program Income to support
CDBG eligible activites.Any extension made pursuant to this paragraph shall
be accomplished by a writing by the County to the Awardee.Such notice
shall automatically become a part of this contract.
3.This contract may,at the sole and absolute discretion of the County and OCED,
remain in effect during any period that the Awardee has control over contract funds,
including program income.However,the County shall have no obligation or
responsibility to make any payment,except those described within Section II,
Paragraph V,or provide any type of assistance or support to the Awardee if this
contract has expired or been terminated.
B.Suspension
1.OCED may,for reasonable causes,temporarily suspend the Awardee's operations
and authority to obligate funds under this contract or withhold payments to the
Awardee pending necessary corrective action by the Awardee or both.Reasonable
cause shall be determined by OCEDin its sole and absolute discretion,and may
include:
a.Ineffective or improper use of these contract funds by the Awardee or any of
its subcontractors;
b.Failure by the Awardee to comply with any term or provision of this contract;
c.Failure by the Awardee to submit any documents required by this contract;or
d.The Awardee's submittal of incorrect or incomplete reports or other required
documents.
2.In the event of a default by the Awardee,OCED may at any time suspend the
Awardee's authority to obligate funds,withhold payments or both.These actions may
apply to only part or all of the activities funded by this contract.
20
3.OCEDwill notify the Awardee of the type of action to be taken in writing by certified
mail,return receipt requested,orin 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).OCEDwill give the Awardee reasonable opportunity to rectify
any action or inaction referenced above.
C.Termination
1.Termination at Will
This contract,in whole orin 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
Awardee shall not incur any additional cost under this contract OCED shall be liable
only for reasonable costs incurred by the Awardee prior to notice of termination.
OCED shall be the sole judge of "reasonable costs."
3.Termination Because of Lack of Funds
In the event of a funding short-fall,or a reduction in federal appropriations,or should
funds to finance this contract become unavailable,OCED may terminate this contract
upon no less than twenty-four (24)hours written notification to the Awardee.Said
notice shall be delivered by certified mail,return receipt requested,orin person with
proof of delivery.OCED shall be the final authority in determining whether or not
funds are available.OCED may at its discretion terminate,renegotiate and/or adjust
the contract award,whichever is in the best interest of the County.
4.Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee
through Board of County Commissioners action,the Awardee may,atits discretion,
request in writing from the Director of OCEDa release fromits contractual
obligations to the County.TheDirector of OCEDwill review the effect of the request
on the community and the County priorto making afinal determination.
5.Termination for Breach
OCED may terminate this contract,in whole orinpart,when OCED determines,inits
sole and absolute discretion,that the Awardee is not making sufficientprogress
thereby endangering the ultimate contract performance,oris not materially
complying with any term or provision of this contract.
Unless the Awardee's breach is waived by OCEDin writing,OCED may,by written
notice to the Awardee,terminate this contract upon no less than twenty-four (24)
hours notice.Said notice shall be delivered by certified mail,return receipt requested,
orin person with proof of delivery.Waiver of breach of any provision of this contract
shall not be deemed to be a waiver of any other breach and shall not be construed to
be a modification of the terms of this contract The provisions herein do not limit
OCED's right to legal or equitable remedies.
6.Penalties for Fraud,Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County,Section 2-8.1.4,any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud,misrepresentation or material misstatement,shall be
terminated,whenever practicable,as determined by the County.
21
TheCountymayterminateorcancelanyothercontractswithsuch individual or
subcontracted entityithaswiththeCounty.Suchindividualor entity shallbe
responsiblefor all directandindirect costs associatedwith such terminationor
cancellation,including attorney's fees.
Theforegoingnotwithstanding,any individual orentitywho attempts tomeetits
contractualobligationswiththeCountythrough fraud,misrepresentation ormaterial
misstatement maybedisbarredfrom County contracting foruptofive(5)years.
7.Payment Settlement
If termination occurs,the Awardee will be paidfor allowable costs incurred in
carryingoutactivitiesrequiredbythiscontractuptothedateandtime of termination.
Renegotiation or Modification
1.Modifications of provisions of this contract shallbevalidonly when inwritingand
signed by duly authorized representatives of each party.The parties agree to
renegotiate this contract if OCED,inits sole and absolute discretion determines that
federal,state,and/or County revisions of any applicable laws or regulations,or
increases or decreases in budget allocations make changes in this contract
necessary.OCEDshallbe the final authority in determining whether or not funds for
this contract are available due to Federal,state and/or County revisions of any
applicable laws or regulations,or increases or decreases in budget allocations.
2.CONTRACT EXTENSION
The County shall have the right to exercise an option to extend this contract
for up to one year beyond the current Contract period and will notify the
Awardee(s)in writing of the extension.This contract may be extended
beyond the initial year extension period upon mutual agreement between the
County and the Awardee(s),upon approval by the Director of the Office of
Community and Economic Development.
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 Awardee shall be in writing.Any waiver shall
not be construed to be a modification of this contract.
OCED's failure to exercise any of its rights under this contract or OCED's waiver of a
provision on any one occasion shall not constitute a waiver of such rights or provision on any
other occasion.No failure or delay by OCED in the exercise of any right shall operate as a
waiver.
Budget Revisions and Changes to the CDBG Eligibility Activity Title
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.OCED shall have no obligation to approve payment of expenditures
incurred prior to the approval of the budget revision related to such
expenditures.
2.Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action
from the Board of County Commissioners,written notification via certified mail to the
Awardee advising of the funding reduction shall be sent by OCED no later than 5
working days of the action;written notification will constitute a contract amendment.
The Awardee will have five working days upon receipt of certified return receipt
notification to submit a revised budget reflecting funding adjustments.Should the
22
modified budget not be received within the specified time,OCEDwill revise the
budget at its discretion.
OCED in its sole and absolute discretion will determine whether substantial
reductions will necessitate revision and resubmittal of the Scope of Service
(Attachment A).Revisions to the Scope of Service,when required,willbe negotiated
to the mutual satisfaction of both parties.
3.Revisions totheCDBGeligibilityactivity titles under which this contract's objectives
are classified as noted in the Scope of Services shall not require a contract
amendment
Disputes
In the event an unresolved dispute exists between the Awardee and OCED,OCED shall refer
the questions,including the views of all interested parties and the recommendation of OCED,
to the County Manager for determination.The County Manager,oran authorized
representative,will issue a determination within thirty (30)calendar days of receipt and so
advise OCED and the Awardee orin the event additional time is necessary,OCEDwill notify
the Awardee within the thirty (30)day period that additional time is necessary.The Awardee
agrees that the County Manager's determination shall be final and binding on all parties.
H.Headings
The section and paragraph headings in this contract are inserted for convenience only and
shall not affect in any way the meaning or interpretation of this contract.
I.Minority Participation
In order to gain greater Black business participation,the Awardee may submit its contracts to
the County Manager for bidding and award in accordance with County policies and
procedures.
J.Proceedings
This contract shall be construed in any manner pertaining or relating to this contract shall,to
the extent permitted by law,be held in Miami-Dade County,Florida.
K.Independent Private Sector Inspector General Reviews
1.Miami-Dade County has established the Office of the Office of Inspector General
which is empowered to perform random audits on all County contracts throughout
the duration of each contract Grant recipients are exempt from paying the cost of
the audit which is normally %of 1%of the total contract amount
The Miami-Dade County Inspector General is authorized and empowered to review
past,present and proposed County and Public Health Trust programs,contracts,
transactions,accounts,records and programs.In addition,the Inspector General has
the power to subpoena witnesses,administer oaths,require the production of
records and monitor existing projects and programs.Monitoring of an existing
project or program may include a report concerning whether the project is on time,
within budget and in compliance with plans,specifications and applicable law.
The Inspector General is empowered to analyze the necessity of and reasonableness
of proposed change orders to the Contract The Inspector General is empowered to
retain the services of independent private sector inspectors general (IPSIG)to audit
investigate,monitor,oversee,inspect and review operations,activities,performance
and procurement process including but not limited to project design,bid
specifications,proposal submittals,activities of the Provider,its officers,agents and
employees,lobbyists,County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon ten (10)days prior written notice to the Provider from the Inspector General or
IPSIG retained by the Inspector General,the Provider shall make all requested
records and documents available to the Inspector General or IPSIG for inspection and
copying.The Inspector General and IPSIG shall have the right to inspect and copy all
23
documents and records in the Provider's possession,custody or control which,in
the Inspector GeneralorIPSIG's sole judgment,pertainto performance of the
contract,including,butnotlimitedtooriginal estimate files,worksheets,proposals
and agreements fromandwith successful and unsuccessful subcontractors and
suppliers,allproject-related correspondence,memoranda,instructions,financial
documents,construction documents,proposal and contract documents,back-charge
documents,all documents and records which involve cash,trade or volume
discounts,insurance proceeds,rebates,or dividends received,payrolland personnel
records,and supporting documentation for the aforesaid documents and records.
The provisions in this section shall apply to the Provider,its officers,agents,
employees,subcontractors and suppliers.TheProvidershall incorporate the
provisions in this section inall subcontractors and all other agreements executed by
the Provider in connection with the performance of the contract
Nothing in this contract shall impair any independent right of the County to conduct
audit or investigative activities.The provisions of this section are neither intended
nor shall they be construed to impose any liability on the County by the Provider or
third parties.The Awardee is aware that Miami-Dade County Office of the Inspector
General has the right to perform ramdom audits onall county contracts throughout
the duration of each contract.Grant Recipients are exempt from paying the costs of
the audit,which is normally V*of 1%of the total contract amount
L.Notice and Contact
OCED's representative for this contract is Jesus Hernandez.The Awardee's representative for
this contract is Joanna Revelo.The Awardee's principal office is at 6130 SUNSET DR,S
MIAMI,FL 33143.
In the event that different representatives are designated by either party after this contract is
executed,or the Awardee changes its address,notice of the name of the new representative
or new address will be rendered in writing to the other party and said notification attached to
originals of this contract.
M.Name and Address of Payee
When payment is made to the Awardee's assignee,the name and address of the official payee
is:N/A
N.Waiver of Trial
Neither the Awardee,subcontractor,nor any other person liable for the responsibilities,
obligations,services and representations herein,nor any assignee,successor,heir or
personal representative of the Awardee,subcontractor or any such other person or entity
shall seek a jury trialin any lawsuit,proceeding,counterclaim or any other litigation
procedure based upon or arising out of this Contract,or the dealings or the relationship
between or among such persons or entities,or any of them.Neither Awardee,subcontractor,
nor any such person or entity will seek to consolidate any such action in which a jury trial has
been waived.The provisions of this paragraph have been fully discussed by the parties
hereto,and the provisions hereof shallbe subject to no exceptions.Noparty has in any way
agreed with or represented to any other party that the provisions of this paragraph will not be
fully enforced inall instances.
O.Assignment
The Awardee shall not assign,transfer,hypothecate or otherwise dispose of this contract,
including any rights,title or interest therein,or its power to execute such contract to any
person,company or corporation without the prior written consent of the County
P.Survival
The parties acknowledge that any of the obligations in this agreement,including but
not limited to Awardee's obligation to indemnify the County,will survive the term,
termination,and cancellation hereof.Accordingly,the respective obligations of the
Awardee and the County under this agreement,which by nature would continue
24
beyond the termination,cancellation or expiration thereof,shall survive termination,
cancellation or expiration hereof.
Q.All Terms and Conditions Included:
This contract and its attachments as referenced (Attachment A-Scope of Services;
Attachment A1-Action Steps;Attachment B-Budget;Attachment C-Progress Report;
Attachment D-Information for EnvironmentalReview;Attachment E-Certification Regarding
Lobbying;and Attachment F-Publicity,Advertisements and Signage)contain all the terms
and conditions agreed upon by the parties.
25
'IN WITNESS THEREOF,the parties hereto have caused this
theirundersigned officials asduly authorized,this fli«a day
AWARDEE:
City of South Miami
six (26)page contract to be executed by
006.
BY:
NAME:
TITLE:
DATE:
BY:
NAME
TITLE:
DATE
Acting City Manager TITLE:County Manager
Witnesses:
/iSffife -^fa*~r-
c,Board of County
*••-#£<&mjiffssioners
BY:f y/rj£L^
(Signature)
flan a ft-Mt/9e/fJe*/fofy 0/ffk.
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal ID Number:59-6000431
Resolution #:IVD(f-[M&H
Awardee's Fiscal Year Ending Date:9/30/2006
CORPORATE SEAL:
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
26
RFA FY2006 Acronym:SMIAMI
Date:
4/24/2006
SCORE:HfmchymtH
Contract Number:60126
FY 2006 Activity ID:20061098
Index Code:
Action Plan ID:
%Sort Contracts byAgency.
CATEGORY:
Public Service
Source
CDBG
IDIS Number:
District:
07
MD Specific:Dist.Team:
07
Contract Shell Type:
F CDBG MUNICIPALITY
1.Description -Applicant/Agency /Developer Information:^EIN:59-6000431
Applicant Legal Address:
CITY,ST,ZIP:
Contact:Ms.Joanna Revelo
Applicant /Developer (A.K.A.):
City of South Miami
ApplicantType:Municipality
Activity title and Description:/lonitoring Issues:;;
6130 SUNSET DR
FLSMIAMI 33143
Phone:(305)668-2514
Title:The After School House
Description(254 Characters Max.):
Provide tutoring,mentoring and homework assistance to 150 at-risk children ages 5-14.These children are primarily from
the South Miami Gardens public housing areaatthe South Miami Community Center,6700SW58 Place.
2.Funding Information
FY05 Contract #
FY05 IDIS #
FY05 Funding:
FY06 Non-OCED Funding:
$50,000
FY06 Requested Amount:
$50,000
FY 2006 <..;.nnnAllocation:$45,000
3.Contract Information /Signees
Contract
Officer:
Planner:
231 Hoberman
143 Parkinson
Salutation FName LName
Ms.Maria V.Davis
Title:Icity Manager
[~
Title:
Number Of Units
Proposed in Application
Estimated :
Proposed by Funding:
Cost per Unit (CPU)
Contract Status:
150!
135!
Agency Fiscal Year
Start:End:AUDIT DUE:
Contract Expires In:365 DAYS
Start Date:Completion Date:Amendment 13-AGREEMENT SENTTOAGENCY FOR
10/01/2005 09/30/2006 I 3/29/2007
5.Contract Tracking
Sent to County
IssuedDate Scope Finalized Attorney
Contract Tracking Report
Sent to Clerk
of Board
Signed Date Budget Approved Sent to County
Manager
Returned from
County Manager/
Executed
^Geographic Information (Please remember to GEO CODE Activity Address);
Activity Geo Address:Activity Geo City:ST:GeoZipCode:Census Tract:Block Group:
I6700 SW 58 Place ;[~|133143
7.HUD"Information
Ifno street address,provide crossroads information:
HUD Code:HUD Activity Type:
05D Youth Services
Proposed:
150
Accomplishment Type
People
Folio Number (CI and HO only)
National Citation National Objective:
570.201(e)570.208(a)(2)LMC
Priority Need
Youth Program
%Low/Mod:
%Small/Min.Contractors:
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BUDGET
Attachment B
CITY OF SOUTH MIAMI
THE AFTER SCHOOL HOUSE PROGRAM
CDBG
FY2006
SUMMARY BUDGET
JANUARY 1,2006 -DECEMBER 31,2006
CATEGORIES
PRIOR YEAR
FUNDING
FY 2006
FUNDING
NON-OCED
FUNDING TOTAL
I.Personnel $0 $45,000 $50,000 $95,000
II.Contractual Services $0 $0 $0 $0
III.Operating Services $0 $0 $0 $0
IV.Capital Outlay $0 $0 $0 $0
TOTAL BUDGET $95,000
SOURCES OF OTHER
FUNDING TOTALAMOUNT
City of South Miami Parks &
Recreation Department $50,000
CITY OF SOUTH MIAMI,INC
CDBG FY 2006
THE AFTER SCHOOL HOUSE
DETAIL BUDGET
January 1,2006 thru December 31,2006
BUDGET
Attachment B
PP Non-OCED OCED Total OCED Total All Sources
4010 PERSONNEL-Employee
Regular-Salaries
Program Staff-part time 6 46,500 0 0 $46,500
Teacher/Tutors -Part-time 7 0 42,000 0 $42,000
0 0 0 $0
Sub-Total Salaries 46,50042,000 0 $88,500
4010 Fringe Benefits
FICA (salaryX7.65%)3,500 3,000 0 6.500
Sub-Total Fringe 3,500 3,000 0 6,500
Total Personnel 50,000 45,000 0 95,000
Contractual Services
21011 External Audit 0 0 0 0
21012 Environmental Audit 0 0 0 0
21030 Other Professional-Svc Const Mgmt 0 0 0 0
21030 Other Professional Svc 0 0 0 0
22350 Bottled Water 0 0 0 0
25330 Rent Copier 0 0 0 0
25511 Building Rental 0 0 0 0
Total Contractual 0 0 0 0
Operating Expenses
31011 Telephone Regular 0 0 0 0
31011 Telephone Long Distance 0 0 0 0
31610 Postage 0 0 0 0
31420 Advertising Radio 0 0 0 0
Total Operating Expenses 0 0 0 0
Commodities
31510 Outside Printing 0 0 0 0
95020 Computer Purchase 0 0 0 0
47010 Office Supplies/Outside Vendors 0 0 0 0
Total Commodities 0 0 0 0
Capital Outlay
90 Construction 0 0 0 0
Infrastructure Improvements 0 0 0 0
Total Capital Outlay 0 0 0 0
ITOTAL BUDGET ||50,000|45,000 ol 95,000 |
ATTACHMENT B-l
INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR PUBLIC SERVICE AND
ECONOMIC DEVELOPMENT ACTIVITIES
Contractor shall indemnify and hold harmless the County and its officers,employees,agents and
instrumentalities fromany and all liability,losses or damages,including attorneys'feesandcosts of
defense,whichtheCountyoritsofficers,employees,agentsor instrumentalities mayincurasaresult of
claims,demands,suits,causes of actionsor proceedings of anykind or nature arisingoutof,relatingtoor
resulting fromthe performance of this Agreement by the Contractor or its employees,agents,servants,
partnersprincipalsorsubcontractors.Contractor shallpayallclaimsand losses inconnectiontherewithand
shall investigate and defend all claims,suits or actions of anykind or nature in the name of theCounty,
whereapplicable,includingappellate proceedings,andshallpayallcosts,judgments,and attorney's fees
whichmayissuethereon.Contractor expressly understands and agrees thatanyinsurance protection
required bythisAgreementorotherwiseprovidedbyContractorshallinnowaylimitthe responsibility to
indemnify,keepandsave harmless and defend theCountyorits officers,employees,agentsand
instrumentalitiesas herein provided.
TheContractorshallfurnishtoMiamiDadeCounty,c/o Office of Community andEconomicDevelopment,
140WestFlagler Street,suite #1000,Miami,Florida 33130,Certificate^)of Insurancewhichindicatethat
insurance coverage hasbeen obtained which meets the requirements as outlined below:
A.Worker's CompensationInsuranceforallemployees of theContractorasrequiredby
Florida Statute 440.
B.PublicLiabilityInsuranceonacomprehensivebasisinanamountnotlessthan$300,000
combinedsinglelimitperoccurrenceforbodilyinjuryandpropertydamage.Miami-
Dade County must be shown asan additional insured with respect to this coverage.
C.AutomobileLiabilityInsurancecoveringallowned,non-owned andhiredvehiclesused
in connection with the work,inan amount not lessthan $300,000 combined single limit
peroccurrenceforbodily injury andpropertydamage.
All insurance policies required aboveallshallbeissuedby companies authorized todo business under
thelaws of the State of Florida,with the foUowirig qualifications:
The company mustberatednolessthan "B"asto management,andnolessthan"Class
V"asto financial strength,bythelatestedition of Best'sInsurance Guide,published by
A.M.Best Company,Oldwick,New Jersey,orits equivalent,subjecttothe approval of
the County Risk Management Division.
or
The company mustholdavalidFloridaCertificate of Authorityasshowninthelatest
"List of All Insurance Companies Authorizedor Approved toDoBusinessinFlorida"
issuedbytheState of FloridaDepartment of Insuranceandaremembers of theFlorida
Guaranty Fund.
Certificateswillindicateno modification orchangeininsuranceshallbemadewithoutthirty(30)days
in advance notice to the certificate holder.
ATTACHMENT C
Table 2-Job Creation/Retention Information
Type
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
Expect to Create
Expect to Retain
Actually Created
Actually Retained
PART 6;CDBG Multi-unit Activitv Set Up and Completion Informationffor LMH activities)
Table 1
Units Total Occupied Occupied Low/Mod
#of Units at Start
-
#ofUnits expected at
Completion
#of Units actually
Completed
Table 2
Type Authorized Costs Actual Costs
CDBG
Other
Total
PART 7:Displacement Information (complete this part if displacement has occurred)
Type Census
Tract Or
City
White Black Hispanic Asian/Pacific American
Indian/Alaskan
Displaced
From
RemainingIn
Relocated To
PART 8;Replacement Information (complete this part iff One-for One Replacement has occurred)
Type Demolished/Converted Address
#ofBedrooms
Replacement Address
Agreement executed date
Available Date
PART9;Activitv Status/Accomplishments Information (complete this partforall types of 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 #of Accomplishment Unit/s:
4.Actual Accomplishments Type:5.Actual UofAccomplishment unit/s during the year:
(^Environmental Assessment Code:7.Create Program Income?(Y/N):
Pagc3ofl2
/2/06 12:41 PM
ATTACHMENT C
Accomplishment narrative for the Current Program Year (Please make sure that accomplishments during the current
yearare only included.
Maximum6lines)
By signing below I,
and appropriate records have been maintained.
Prepared By:_
Reviewed By:_
j verify that the information in this report is accurate
Date:
Date:
Verified for completeness and
Contract Officer:
Planner:
CMM Section Supervisor:
FOR OCED
accuracy by:
USE ONLY
Date:
Date:
Date:
Planning Section Supervisor:
Division Director:
Admin.Support Staff:
Date:
Date:
IDIS UPDATE
Page 4 of 12
/06 12:41 PM
ATTACHMENT C
QUARTERLY PROGRESS REPORT INSTRUCTIONS
URT'1.ACTIVITY INFORMATION
Agency Name:Enterthe Name ofthe Agency
Project Title:Agency Acronym andthe Title of theProject(60characters maximum)
Activity Name:Agency Acronym andthename of the activity (40characters maximum)
Category:Enterthe Category of the activity (e.g.Housing,PublicService,Ecc.Devetc.)
Activity Address:Enterthe complete address of thelocationwheretheactivityistakingplace
Commission District:Enterthe Commission District #wheretheactivityistakingplace
Activity Description:Enter brief description oftheactivity (120 characters maximum)
IDIS No.:EnterIDIS No.ofthe activity.
Source:Enterthe funding source (e.g.HOME 95).
.Grantee Activity #:EntertheGrantee Activity No.(E.g.B.00.020.235)
.Matrix Code:HUD Code applicable tothe activity.
.Index Code:Enter the Index Code from FAMIS
.National Objective:EntertheNational Objective applicabletotheactivity.
.Help Prevent Homelessness?:EnterY if thepurpose oftheactivityistopreventhomelessness;otherwiseenterN.
.Helpthose with HTV7AIDS?:EnterY if the purpose of theactivityistohelp persons withHIV/AIDS;otherwiseenterN.
.Primarily Help Persons With Disabilities?:EnterY ifthepurposeof theactivityisprimarily help persons with disabilities;
otherwise enter N.
.Generate Program Income?:EnterY if this activity isexpectedto generate Program Income;otherwiseenterN.
.Section 108:EnterX if thisactivityisfundedinwholeorin part using proceeds fromloans guaranteed underSection108.
.Oneforone Replacement:EnterX if thisactivityisa One-For-One Replacement Activity
.Displacement:EnterX if this activity involve a displacement activity
.Float Funded:EnterX if this activity isaFloatFunded activity
.Special Assessment:EnterX if thisactivityisapublicimprovementactivity for whichaspecialassessmentwillbelevied.
.Revolving Fund:EnterX ifthisactivityisfundedthrougharevolvingfund.
.Favored Activity:EnterX if this activity isaneconomicdevelopmentactivitythatis of importantnationalinterestand therefore
maybe excluded fromtheaggregatepublic benefit calculation.
.FloatPrincipalBalance:Enterthe Float principal balance if thisisa float funded activity
Indicate if the activity islocatedinCDFIAreaorStrategyArea:Enter CorS depending upon whether thisactivityis located in
a Community Development Financial Institution (CDFI)ora Neighborhood Revitalization Strategy Area.
.Area Identifier:If you entered CorSintheprevious field,entertheAreaIdentifier.
.Unliquidated Obligation:Enter the amount oforders placed.Contracts and grants awarded,goods and services received,and
similar transactions for which expenditure has not been reported as ofthe endofthe reporting period.
IRT 2.AREA BENEFIT INFORMATION
Percent of Low/Mod inservicearea:Enter the percentage of low/mod persons inthe service area.
SurveyorCensus Tract determination:Enter the method by which the percentage of low/mod inthe service area was determines.
EnterSfor Survey andCfor Census.
Census Tract:Enter the Census Tract for the LMA Service Area.
Block Groups:Enterthe Block Groupsassociated with theCensusTract
IRT 3.DIRECTBENEFIT INFORMATIONfconwIete this partif the National Objective is LMCT LMHor LMJ)
Counts by Households or Persons?(H/P):Enter P for LMC or LMJ activity and H for LMH activity.
TotalNumber Benefiting from Activity:Enter the total number of persons benefiting from the activity.
Number of Female Headed Households:Enter the total number of female Headed Households.This field isnotapplicable to LMC and LMJ
activities.
Number of personsservedinEntitlementArea:Enter the total number persons served in Entitlement Area
Number of persons served outside of Entitlement Area:Enter the total number of persons served outside of the Entitlement Area.
Method ofverification bythe Agency:Enter the method used bythe Agency in determining the number of persons served inside and outside of
the Entitlement Area.
Presumed Benefit?(Y/N):Enter Yif this activity is designed to exclusively serve a category of persons presumed by HUD tobe 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 LMJactivities.
Nature/Location:Enter Yifthe activity is considered low/mod because of the nature of the activity and the place itis being carried out This
fieldisnotapplicabletoLMHandLMJactivities.
Nature/Location Narrative:Enter a description ofhowthe Nature/Location ofthe activity benefits a limited clientele,at least 51%ofwhom are
low/mod income.
Pages of 12
06 12:41 PM
,;„•'ATTACHMENT C
PART4:SLUM/BLIGHT AREA INFORMATION (complete this part iff the national objective is SBA)
.1.Boundaries:Enter a description ofthe boundaries of slum/blight area(180 characters maximum)
L */o of deteriorated buildings:Enter the percentage of buildings that were deteriorated when the area was designated as slum/blight
\.Public Improvement/Condition:Enterabriefdescriptionidentifyingeachtype of improvementlocatedwithintheareaanditsconditionatthe
timetheareawasdesignated slum/blight(40 charactersmaximum).
I.Slum/Blight Designation Year:Entertheyearthe area,wasdesignatedas slum/blight
PART 5:JOB CREATION/RETENTION INFORMATION (complete this part if the National Objective is LMJ
fable1:Direct or Deferred Payment Loan Information:if CDBGassistancefora job creation/retention activity isprovidedintheform ofaloan,
enter the Interest Rate,Amortization Period and the Amount
CDBG Grant Amount:IfCDBGisbeingusedtoprovideassistanceinaformotherthanadirector deferred loan,entertheamountprovidedfor
this activity.
fable2:Entertheinformationabout jobs expectedtocreate,expectedtoretain,actuallycreatedandactuallyretained.
PART 6:CDBG MULTI-UNIT ACTIVITY SET UP AND COMPLETION INFORMATION
fable1:Enterdetails of #of unitsat start,#of unitsexpectedatcompletionand#of unitsactuallycompleted
fable 2:Enterthe details ofcosts associated withthe activity.
PART 7;DISPLACEMENT INFORMATION
intertherequesteddisplacementinformationinthetable
PART 8:REPLACEMENT INFORMATION
intertherelevantinformationinthetableregardingReplacementasaresult of thisactivity.
PART 9:ACTIVITY STATUS/ACCOMPLISHMENTS INFORMATIONfcomplete this part for all types of activities)
I.Activity Status:Circle 1,2 or3.Pleasenotethatanactivityisconsideredtobecompletedonceitmeetsitsnationalobjectiveandallthefundsare
drawn from IDIS.
t.ProposedAccomplishmentType:EnterI=People,4=Households,8=Businesses,9=Organizations,I0=HousingUnits,1l=Public Facilities,
13=Jobs.
1.Proposed U of accomplishment Unit/s:Entertheproposed#of unitstobeaccomplished.
I.Actual accomplishment type:Entertheactualaccomplishmenttype.
».Actual #of accomplishment units during the year:Entertheactualunits accomplished,
i.Environmental Assessment Code:Enter A=Exempt,OCompleted,D=Undenvay
'.Create Program Income:Enter YesorNo.
Page 6 of 12
ft/06 12:41 PM
ATTACHMENT C
SECTION II:FISCAL INFORMATION
GENERAL INSTRUCTIONS
BUDGET AND EXPENDITURES
APPROVED BUDGET
PROJECTED
REIMBURSED
ACTUAL
PROJECTED EXPENDITURES
FOR NEXT REPORTING
PERIOD
PROJECTED CUMULATIVE
EXPENDITURES BY THE END
OF CONTRACT PERIOD
m 12:41 PM
This portion of the report must include only OCED funds and
expenditures covered by your organization's contract with OCED.
This section of the report covers fiscal activities from the
beginning of the contract date through the cut-ofT date covered by
the report
For each category,list the amount of funds allocated in the most
recent approvedOCEDbudgetforyour contracted activity.
Listtheproject expenditures throughthe cut-off date of thereport
for each of the budget categories.
ListthecontractexpendituresthatOCEDhas reimbursed toyour
organizationthroughthecut-offdate of the report.
ListALLthecontractexpenditures,whetherornot they havebeen
reimbursedbythe County,OCEDthatyouragencyincurred
throughthe cut-off date of thereport.
Listallthe expenditures thatyourorganizationanticipateswillbe
incurred inthe implementation ofthe contracted activities through
theend of nextreportingperiod.
Listall expenditures thatyour organization anticipates willbe
incurred inthe implementation ofthe contracted activities through
theend of thecontractedperiod.
Page 7 of 12
SECTIONII:FISCALINFORMATION
PARTA:
INSTRUCTIONS:
BUDGETANDEXPENDITURES
Completethechartfortheentireamountcoveredbytheagreement.
CATEGORY
PERSONNEL
CONTRACTUAL
OPERATINGCOSTS
COMMODITIES
CAPITALOUTLAY
TOTALS
CUMULATIVEEXPENDITURESTHROUGH
ENDORCURRENTREPORTINGPERIOD
APPROVEDBUDGETPROJECTEDREIMBURSED
PARTB:PROGRAMINCOMEUSAGE
1.DoesthisactivitygenerateProgramIncome?YesNo
2.IfYes,indicatetheamountgeneratedthisquarter.$
3.ProjecteduseofProgramIncome(Respondonlyif#lisanswered"Yes")
Page8of12
3/2/0612:41PM
ACTUAL
ATTACHMENT<
PROJECTEDPROJECTED
EXPENDITURESCUMULATIVE
FORNEXT
REPORTING
PERIOD
EXPENDITURE
BYENDOF
CONTRACT
PERIOD
1/2/06 12:41 PM
ATTACHMENTC
SECTION ni:MINORITY BUSINESS ENTERPRISE DATA
SPECIFIC INSTRUCTIONS
NAME OF CONTRACTOR/
SUBCONTRACTOR OR
VENDOR,ADDRESS,AND
TELEPHONE NUMBER:
VENDOR ID #:
PRIME CONTRACTOR ID #:
RACE/ETHNIC GROUP:
TYPE OF TRADE:
AMOUNT OF CONTRACT/
SUBCONTRACT QR
PURCHASE:
TOTAL:
AFRICAN AMERICAN CHART
NUMBER OF CONTRACTORS,
SUBCONTRACTORS,OR
VENDORS
TOTAL DOLLARS AWARDED:
PERCENTAGE OF TOTAL
ACTIVITY:
Enter this information only onceoneach report for each firm
receivingfunds through your organization's contract with
OCED.
Enterthe Employer Number that LR-S.has assigned to the
Vendor/Subcontractor.Each vendor must have unique
identifier.
Enter the Employer Number that E.R.S.has assigned to the
Prime Contractor asa unique identifier.This information must
be provided foreach vendor listed.
Enter the numeric code(1 through 6)that identifies the
racial/ethnic background of the owner(s)and controllers)of
51%of the business.If 51%of the business is not controlled by
any single racialor ethnic group,then enter the code that seems
most appropriate.The codesarelistedat the bottom of the
form.
Enter the numeric code that best describes the
contractor's/subcontractor's/vendor's services.The codes are
mentioned in the front of this page.
Enter the total amount expended for goods,services,supplies,
and/or construction costs for each vendor,contract and
subcontract In cases where commodities or equipment
purchases comprise the majority of the expenditures for the
period,then combine all expenses for the reported period.
Enter the total amount of dollars expended on goods,services,
supplies,and/or construction forall contracts,subcontracts,
and
purchases that occurred during the reporting period.
Enter number of African American firms that transacted
businesswith your organization during the reporting period.
This information must be reported for organizations with at
least 51%African American ownership or controL
Enter thetotaldollarspaidto African American firms during
the reporting period.
Enter the percentage of total dollarsreceivedby African
American firmsfromfunds expended by your organization
during the reporting period.
Page9 of 12
SECTION III:MINORITY B USINESS ENTERPRISE DA TA
ATTACHMENT?.C
PROJECT TITLE:
GPR ACTIVITY NUMBER:
REPORTINGPERIOD:(CheckOne)OCTlD MAR31•DAPR1-SEP30•
CONTRACT/SUB-CONTRACT/VENDOR ACTIVITY
INSTRUCTIONS:Complete the chart using the categories mentioned in the columns below.When applicable,use the codes mentioned below.
fAMOUNTOF,
'NAME OF
BflfJ!f]Ai^^!JlWfflM Hill"
:Sl:ti'z ::'-&::'•:'•'•'•••••.\
JS1
laii
RIME >r '-•.>'•\-•"
ONTRACTORID#
7 RACE/:
ETHNIC
;GROUP
TYPE OF
TRADE
^CONTRACT/
SUBCONTRACTOR
PURCHASEi^f>\.??i^ii m^r?^"'•u*r-
1
-
•
»
-
HBBlBIWSmBysPF''"'•~'•'•••:••'•;'.•'i-"•••'••'-;-'•'••'..V.TOTAL
RACE/ETHNIC GROUPS
1-WHITE AMERICAN
2-AFRICAN AMERICAN
3-NATIVE AMERICAN
4-HISPANIC AMERICAN
5-ASIAN AMERICAN
6-OTHER
3/2/06 12:41 PM
TYPE OF TRADE CODES
CPD
1-NEW CONSTRUCTION
2-EDUCATION AND TRAINING
3-OTHER
ForDadeCounty HUD andHousingAgency Programs ONLY
DC1-New Construction
DC2-Substantial Rehab.
DC3-Repairs
DC4-Service
CD5-Project Management
DC6-Professional
DC7-Tenant Service
DC8-Education/Training
DC9-Arch/Eng/Appraisal/
Prev.Eds.Obsolete
DCO-Other
Page10 of 12
AFRICAN AMERICANS
NUMBER OF
CONTRACTORS/
SUB-CONTRACTORS/
VENDORS
TOTAL
DOLLARS
AWARDED
PERCENTAGE
OF TOTAL
ACTIVITY
ATTACHMENTC
U.S.HUD SECTION 3 REPORT
PART THREE -SUMMARY -Indicates the efforts made to direct the employment and other economic opportunities
generated by HUD financial assistance for housing and community development programs,to the greatest extent
feasible,toward low-and very low-income persons,particularly those who are recipients of government assistance for
housing.(Check allthatapply.)
•Attempted to recruit low-income residents through:local advertising media,signs prominently displayed at the
project site,contracts with community organizations and public or private agencies operating within the
metropolitan area (or metropolitan country)in which the Section 3 covered program or project is located,or
similar.
D Participated ina HUD program or other program which promotes the training or employment of Section 3
Residents.
D Participated ina HUD program or other program which promotes the award of contracts to business concerns
which meet the definition of Section 3 business concerns.
D Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered
project is located.
D Other,describe below.
Page11 of 12
/2/06 12:41PM
ATTACHMENT C
SECTION IV:U-S,HUD SECTION 3 REPORT
Economic Opportunities for Low&Very Low-Income Persons in Connection with Assisted Projects
\GENCYNAME:PROJECT NAME:
\GENCY ADDRESS:CONTRACT AMOUNT:$
PERIOD REPORTED:QTR
REPORT REVIEWED/APPROVED BY:TELEPHONE #:
(SIGNATURE)
12 3
(CIRCTJEONE)
PART ONE-EMPLOYMENT &TRAINING-Tobe completed for each project and submitted quarterly to OCED by April 15,
Fuly 15,October 15 and January 15.
JOB CATEGORY A
Total
New
Hires
(Total of
Column
G.1/5)
B
Total New
Hires who
are
Section 3
Residents
C
%ofNew
Hires that
are
Section 3
Residents
(B/A)
D
Total
Employee
Trainee
Hours
worked
E
Total
Employee
Trainee
Hours
Worked
by Section
3 Residents
F
%of
Employee
Trainee
Hours
Worked by
Section 3
Residents
(E/D)
G
RACIAL/ETHNIC CODES
1
White
Amer.
2
African
Amer.
3
Native
Amer.
4
Hispanic
Amer.
5
Asian or
Pacific
Amer.
PROFESSIONAL
TECHNICIAN
OFFICE/
CLERICAL
CONSTRUCTION
BY TRADE
(LIST)
TRADE:
TRADE:
TRADE:
TRADE:
TRADE:
OTHER:
TOTAL:
PARTTWO -SUBCONTRACTS AWARDED -for goods and services associated withthisproject
TYPE OF
CONTRACT
CONSTRUCTION
NON-
CONSTRUCnON
J/2/06 12:41 PM
A
Total$
Amount of
Contracts
Awarded
B
Total$
Amount of
Contracts
Awarded to
Section 3
Businesses
C
%BTO
A
D
NUMBER OFSECTION3 BUSINESSES RECEIVING CONTRACTS BY
RACIAL/ETHNIC IDENTIFICATION
1
White
American
2
African
American
Page12 of 12-Progress Report
3
Native
American
4
Hispanic
American
5
Asian-
Pacific
American
6
Hasidic
Jew
ATTACHMENT D
MIAMI-DADE
OFFICE OF COMMUNITYAND ECONOMIC DEVELOPMENT
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
Part L
1.Indicate Funding Source:CDBG HOME HOPE VI
_HOMELESS(SRO/SHP);HOPWA
2.Indicate Fiscal Year:FY 20
3.-Name of Subrecipient/Agency:
4.Name of ProposedActivity:
5.Location (Address)ofActivity or Project:
6.Folio Number
7.Commission District
8.Name,address,phone and fax numbers of loan/grant recipient:
Revised 01/07/03
Page 2 of 5
9.Detailed description ofactivity orproject:
10.Purpose ofactivity orproject:
11.Status ofactivity or project:
Part H.
Will the activity or project result in.the following?
Yes No
Change in use
Sub-surface alteration(i.e.excavations)
New construction
Renovation or demolition
Site improvements (utilities,sidewalk,landscaping,storm
drainage,parking areas,drives,etc.)
Building improvements (windows,doors,etc.)
Displacement of persons,households or business
Increaseinpopulation working or living on site
Land acquisition
Activity in100-yearfloodplain
•
A new nonresidential usegeneratingat least 1,375,000
gallons of water or 687,500 gallons of sewage per day.
-•
Use requiring operating permit (i.e.for hazardous waste,
pretreatment of sewage,etc.)
Asanitary landfill orhazardous waste disposal site
Tree removal or relocation
Street improvements
The impounding of morethan 10 acrefeet of water (e.g.
digging alakeor diverting or deepening of a body of
water).|
•'.**I'
,',t
t
f,%Page 3 of 5
Partm.
Au Site Information
Land use (pleasedescribe)
•Existing ..
Proposed
B.If activity includes new construction,renovation orrehabilitation,photographs
must be provided of eachside (front,rear arid sides)of the structures)proposed
for assistance and the buildings on the abutting lots.The photographs shall be
identified by address.In addition,provideforeach existing structure on the site,
the following information:
•Existing structure^)onsite:Yes No_
•Estimated age of structure^)
C.Other Siteinformation:
Flood insurancerequired?
Public water available on site?
Public sewer available on site?
Children under 7years ofageresidingon
site or relocating to site (including daycare
facility)?
Hazardous waste disposalfacility?
Storage ofhazardousmaterialsonsite?
Abandoned structure(s)on site?
Yes No
Page 4 of 5
D.If the proposed activity includes anewstructure^)orsite improvements ona
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 structures),
indicatethe estimated cost •andtheamount
sought forfunding .
lii addition,indicate if the estimated value ofthe improvement represents:
.0to 39.9 percent ofthe market value of the structure^)
40to 49.9 percent of the market value ofthe structure^)
..50 to 74.9 percent ofthe market value ofthe structure^)
75 percent or more of the market value of the structure^)
F.If the proposed activity involves the transfer of any property,new construction
ora securing of a loan for nonresidential parcel,provide a Phase I
Environmental Audit detennining thelikely presence of either a release or
threatenedrelease of hazardoussubstance.An auditisa review of asiteand
adjacent properties and involves preparing a history of ownership,land use
and zoning for the last 50 years;researching environmental records for
information on hazardous waste sites,hazardous facilities,solid waste/landfill
facilities and underground storage tanks (available through the Department of
Environmental Regulations and Management (DERM),Florida Department of
Environmental Protection (FDEP)and U.S.Environmental Protection Agency
(EPA));and inspecting the site for physical evidence of contamination such as
damage vegetation orstainsinthesoil.
Has a Phase Ibeen performed:Yes No
If yes,a copy of the Phase I Environmental Audit must be submitted.
G.Environmental Health Information
•If a residential site,andtheactivity includes orinvolves rehabilitation,has
itbeeninspectedfordefectivepaint surfaces?
Yes No
If yes,pleasesubmitthe results.
Page 5 of 5
Have any child under the age of seven at the site been tested for elevated
levels of lead in the body?
Yes No
If yes,please submit the results.
Part IV.
OtherRequiredSubmittalDocuments:
1.Submit street/platmapsthatdepictlocation of property in the County
and/or City with the location or lot clearly pointed out
2.For new construction projects:Submit a scope of service,an itemized
budget,and a site plan.
3.For housing/building rehabilitationprojectsonly:Submit a scope of
service,an itemized budget describing the major components ofthe
rehabilitation program planned,andaphotograph oftheproperty.
4..For historic proprieties,include:Submit photographs ofthe property,
anda description of any adjacent historic propertiesthat may be
.affectedbyyouractivity.
PartV.
I certify to the accuracy of theabove information.
PrintName Signature Title
Name of Organizationor Corporation Date
Unless otherwise indicated,return completed form and attachments to:
Community Development Division Director
Office of Community and Economic Development
140 West Flagler Street,Suite 1000
Miami,Florida 33130
•A.
\^M±tM\.S;MJL?AVrfl.JL AV J
-/wrifi~««for fW^"^.ttn^fc.l^n*and Cooperative Ajjreemegfe
ihoMuierrienedcarn^
,kt«F^wrf aDDtopriated tods iave'baen paid or will bo paid,by 6r on behalf of to
!Tttal lbaL the eatatag into of any cooperative agreement,,and^*arto^.••SS.^^^S-*ornu^eafionof my Fcd=naoontact,.granj,.
loan or coopocsrfrv&agreement
i Vmfljto'flteilMiltataAappropriated^^^g**"^^%m^X&rinfluencing «attenriting to inflow an officer or corployee of
any person tor Jf™°T1J*_^Zra^officer or erbployee.of Congress,or an
fc"J^?SXr?om to Report !«")*•"«»accordance «rf>its
instructions.
•S^SnS.»"to S^loans-and.cooperative agreement and to all
rffowopiaitesballcer^a^.
'*«ss^i.i«»«*•-<»»«^iiM.|Ki0 «•-*••"*
Mure.
—•
DATEs *^*
'•'•;<
V10"
4'0"
2'lo"
MIAMI-DAD
COUNTY
Project Name
Project Cost
Entity
Miami-Dade County
Carlos Alvarez
Mayor
Board of County Commissioners
Joe A.Martinez
Chairman
Dennis C.Moss
Vice-Chairman
Katy SorensonBarbaraJ.Jordan
District 1
Dorrin D.Rolle
District 2
Audrey Edmonson
District 3
Sally A.Heyman
District 4
Bruno A.Barreiro
Districts
Rebeca Sosa
District 6
Carlos A.Gimenez
District 7
District 8
Dennis C.Moss
District 9
Sen.Javier D.Souto
District 10
Joe A.Martinez
District 11
Jose "Pepe"Diaz
District 12
Natacha Seijas
District 13
^m
Haryey Ruvin
Clerk oftlie CircuitandCountyCourts
George M.Burgess
CountyManager
Murray Greenberg
CountyAttorney
a ft
\
•sr v
I
%^i*c*4^/COMMUNITY AND ECONOMIC DEVELOPMENT
Over 25 Years ofStret
4'0"
ui-Dade County
ATTACHMENT F
Sign
The sign (s)shall be made of V,inch
thick marine plywood,newly
painted and lettered in accordance
with professional outdoor sign
painting standards as to layout,
symmetry,proportion,clarity and
neatness with the use of weather-
resistant colors and materials.The
Contractor shall place the sign (s)
securely braced and mounted.All
materials shall be provided by the
Contractor and the sign(s)shall
remain in the property of the
Owner at the completion of the
contract.
Sign Support
The sign shall be free standing,
prominently displayed as directed
by OCED representative,and
supported by two 4"x4"xl0'
pressure treated timbers securely
fastened to the rear of the sign and
sunk 4'below grade.Clearance
from the bottom of the sign to the
ground shall be 1'.