Res. No. 014-06-12155>.
RESOLUTION No.14-06-12155
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 $430,000 FOR THE
CHURCH STREET IMPROVEMENTS PHASE III;PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Mayor andCity Commission wishtoacceptFY2006grantfundsfromthe
Miami-Dade County Office of Community andEconomic Development and;
WHEREAS,the grant will partially fundthe Church Street Improvements Phase III,and;
WHEREAS,the Mayor andCity Commission authorize theCity Manager to execute thegrant
contractforaFY2006 Community Development BlockGrant(CDBG)with Miami-Dade County Office
of Community and Economic Development.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA THAT:
Section1:TheCitywishestoaccepttheFY2006CDBGawardfromtheMiami-Dade
County Office of Community and Economic Development.
Section2:TheMayorandCityCommissionauthorizetheCityManagertoexecutethe
FY2006grant contract withtheMiami-DadeCountyOfficeof Community and Economic Development.
Section 3:This Resolution shallbe effective immediately upon adoption.
PASSED AND ADOPTED THIS ^^day of -JjtiHcifry^2006.
ATTEST:APPROVED:
)a .-\ij (-rtt-yui'^t\
ariaM.Menendez,City Clerk
READ AND AP TO FORM:
1 >-o •'-
MaryScott Russell,Mayor
Commission Vote:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
Commissioner Wiscombe:Yea
South Miami
AMenfeaGfly
CITY OF SOUTH MIAMI Ml IT
OFFICE OF THE CITY MANAGER U IP.
INTER-OFFICE MEMORANDUM 2001
To:Honorable Mayor,Vice Mayor Date:February 7,2006
and City Commission
From:Maria V.Davis //(fin A*,t^Agenda Item #•Mfpbk/^*Mgenaa iiem ff *?^
City Manager Pit4 JA^^>Re:Authorizing the execution of a FY
2006 grant contract with the Miami-
Dade County Officeof Community and
Economic Development for Church
Street Improvements Phase II
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 $430,000 FOR CHURCH STREET IMPROVEMENTS -
PHASE II;PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
Following a grant application submitted to the Miami-Dade County Office of Community
and Economic Development (OCED)on August 24,2005,OCED awarded an initial
$140,000 grant to the Cityfor the Church Street Improvements Phase II.Notice of the
grant award 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
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 ($430,000),in
the event that additional funds are reallocated or increased during the FY 2006 program
year.However,the City is guaranteed to receive a minimum of $140,000 that was
initially approved at the January 23,2006 County Commission meeting.
RECOMMENDATION:
The Administration recommends approval and adoption of this resolution.
(J£fc0 (!^(2(C c">c\s
MIAMI-
Essnm
140W.FLAGLER STREET,SUITE 1000
MIAMI,FL 33130-1561
December 19,2005
Ms.Joanna Revelo
Director
City of South Miami
6130 SUNSET DR
SMIAMI,FL 33143
Subject:FY 2006 RFA Recommendations
Activity Title:
Recommendation:
Dear Ms.Revelo:
Reconstruction Of Church Street-Phase II
$140,000.00
OFFICE OF COMMUNITY AND
ECONOMIC DEVELOPMENT
Director's Office
PHONE:305-375-3848
FAX:305-375-3428
smu®miamidade.aov
www.miamidade.gov/ced/
Activity ID
Category:
Source:
4010
Capital
Improvement
CDBG
Thankyouforsubmitting an applicationforfundingthroughtheFY2006ConsolidatedPlanning Request for Applications
(RFA)process.TheMiami-DadeOfficeofCommunityandEconomicDevelopment(OCED)in close coordinationwith Miami-
DadeHousingAgencyandthe Miami-Dade HomelessTrust has developeda proposed FY2006ActionPlan as anintegral
partofthe update toFY 2003-2007 Consolidated Plan.Staff recommendations have been made forCDBG,HOME,HODAG,
RentalRehabilitationandESG programs.SHIPandSurtaxfunding recommendations are not subject to 30-day public
comment period requirement.Noted above is the total amount recommended for your funding request.This
recommended amount consists ofatotalof Community Advisory Committee funding (CAC),BCCDistrictfund allocations and
staff recommendations.Please note staff recommendations are subject to change by the Board of County Commissioners
pursuant toinputfrom the Affordable HousingAdvisoryBoard (AHAB),Task Force onUrban Revitalization (URTF)and Office
of the County Manager,at the time of final Commission action.
A public hearing to consider the FY 2006 Action Plan funding recommendations and those of the State Housing Initiatives
Program (SHIP)and Surtax Program will be held before the Board of Miami-Dade County Commissioners'Community
Empowerment &Economic Revitalization Committee,tentatively scheduled for 2:00 p.m.on January 17,2006,in the
Commission Chamberlocatedonthe 2nd level oftheStephenP.Clark,111 N.W.First Street,Miami,Florida.The public is
invitedto attend and comment.The Board is tentatively scheduled to approve the FY 2006 Action Plan on January 24,
2006.The Public is also advised that based on previous years of US HUD allocations,this year's allocation process
has been faced with the greatest challenges.Nationally,for the last two years,US HUD has faced severe budget cuts,
resulting ina15%cut for 2005 and 2006 (6%and 9%respectively.)In addition to the overall Entitlement reduction,
the new City of Miami Gardens has opted out of the Miami-Dade County Entitlement,thus,reducing the County
Entitlement by an estimated $2.5 million.OCED encourages residents of Miami-Dade County to express their comments
regarding the proposed FY 2006 Action Plan bywritingtoSilviaM.Unzueta,ActingDirector,Miami-Dade County Officeof
Community and Economic Development at 140 West Flagler Street,Suite 1000,Miami,Florida 33130.Written comments
on the FY 2006 Action Plan must be received by and will be accepted until January 19,2006.
Please contact our staff at 305-375-3422,Ifyou should have any questions regarding this item.
Sincerely,
Silvia M.Unzueta
Acting Director
SMU/za
Qc^A obslfiS"
Church Street Improvements
Phase IIICDBGFY2006
Municipality
FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND THE
CITY OF SOUTH MIAMI
Thiscontractisenteredinto between Miami-Dade County,hereinafterreferredtoasthe "County"andtheCity
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
Federal Award
Awardee
Subcontractor
Subcontract
Office of Community and Economic Development orits
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 or at the direction the
Awardee or any subcontractor in carrying out the duties and
obligations required by the terms of this contract,including but
not limited to 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 or firm hired on a contractual basis by the
Awardee for the purpose of performing work or functions
cited on the Action Step Format (Attachment "A)of this
contract.
Any contractual agreement between a Subcontractor and
the Awardee
The Awardee Agrees:
A.Type of Activity
The Awardee shall carry out the activities specified in Attachment A,"Scope of Services,"in
the County or the focus area(s)of Miami-Dade.
B.Insurance
To comply with Miami-Dade County's insurance requirements as well as any relevant state of
Florida insurance requirements.
Indemnification
The Awardee shall indemnify and hold harmless the County and its officers,employees,
agents and instrumentalities from any and all liability,losses or damages,including attorneys'
fees and costs of defense,which the County or its officers,employees,agents or
instrumentalities may incur as a result of claims,demands,suits,causes of actions or
proceedings of any kind or nature arising out of,relating to or resulting from the performance
of this Agreement by the Awardee orits employees,agents,servants,partners,principals or
subcontractors.The Awardee shall pay all claims and losses in connection therewith and
shall investigate and defend all claims,suits or actions of any kind or nature in the name of
the County,where applicable,including appellate proceedings,and shall payall 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 liableto
paya personal injury or property damage claimor judgment by any one person which exceeds
the sum of $100,000,or any claimor judgment or portions thereof,which,when totaled with
all other claims or judgment paidby the Awardee arising out of the same incident or
occurrence,exceed the sum of$200,000fromanyandall personal injuryor property damage
claims,liabilities,losses or causes ofactionwhichmayariseasaresultofthe negligence of
the Awardee.
Documents
TheAwardeeshall submit documents to OCED as described beloworanyother document in
whatever form,manner,orfrequencyas prescribed by OCED.These willbe used for
monitoring progress,performance,and compliance withthiscontractandfor compliance
with applicable County andFederal requirements.
1.Progress Reports
a.TheAwardeeshallsubmita status reportusingtheformattachedheretoas
Attachment C,"Progress Report,"asitmayberevisedby OCED,whichshall
describetheprogressmadebytheAwardeeinachievingeach of the
objectives andaction steps identifiedin Attachment A,"Scope of Services."
TheAwardeeshallensurethat OCED receiveseachreportin triplicate (oras
indicated)nolaterthanApril10,2006,July10,2006,October 10,2006and
January 10,2007.
^Quarterly Reportingwhen Subcontractors areUtilized
Awardees are advised that when subcontractors or subconsultants are
utilized to fulfill the terms and conditions of this contract,Miami-Dade
County Resolution No.1634-93will 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 paidbythe Awardee directly to Black,Hispanicand Women-Owned
businesses performing part of the contract work.
Additionally,thelisted businesses arerequiredtosignthereports,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)-The Awardee shall report to OCED the number of business
activities involving minority vendors,including subcontractors performing
work under this Agreement.The "Contract and Subcontract Activity Report"
Section in Attachment C,and when applicable Section 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
Progress Report)-The Awardee shall report to OCED the number of focus
and service area residents who have received employment opportunities
from federally financed and assisted projects and activities.The
Neighborhood Employment Opportunities Report shall be submitted using
the Progress Report Form attached hereto as a Section in Attachment C,as it
may be revised.This section of the form shall be completed semiannually by
the Awardee and submitted to OCED no later than April 10,2006 and October
10,2006.
The Awardee shall submit to the County,in a timely manner,any other
information deemed necessary by the County,and its presentation shall
comply with the format specified at the time of the request Failure to submit
the Progress Reports or other information ina manner satisfactory to the
County by the due date shall render the Awardee in noncompliance with this
Article.The County may require the Awardee to forfeit its claim to payment
requests or the County may invoke the termination provision in this
Agreement by giving five days written notice of such action to be taken.
Unspecified Site(s)Objective -If the Awardee has not yet identified a location
to carry out any of the activities described in Attachment A,the Awardee
shall submit,in triplicate,Progress Reports,using the form attached hereto
as part of Attachment C,on a monthly basis until such time as the Awardee
complies with the provisions contained within Section II,Paragraph D.4.of
this contract.Copies of the above described Progress Report shall be
received by OCED no later than the tenth (10th)business day of each month
and shall address the progress undertaken by the Awardee during the
previous month.This Progress Report shall not be required if the Awardee is
submitting the Progress Reports required by Section II,Paragraph D.1.a and
Paragraph D.3.
2.Annual Report (Fourth Quarter Progress Report)-The Awardee shall submit a
cumulative status report (hereinafter referred to as "Annual Report")using the
"Progress Report"specified in Section 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 CDBG fiscal year of January 1,2006 through December 31,2006 and shall be
received by OCED no later than January 10,2007.
3.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 Housingand
Urban Development under 24 CFR Part 58.The parties further agree that the
provision of any funds to the project is conditioned on the County's
determination to proceed with,modify or cancel the project based on the
results of a subsequent environmental review.
4.AuditReport-TheAwardeeshall submit to OCED anannualauditreportintriplicate
as required bySection II,Paragraph "l ofthiscontractasset forth below.The
Awardee shall submit a written statement fromits 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 shallreport annually all nonexpendable personal and
real property purchased with CDBG fundsfromthisand previous agreements with
the County as specified in Section II,ParagraphQ of this contract.
6.Affirmative Action Plan-The Awardee shall report to OCED information relative to the
equality of employment opportunities whenever so requested by OCED.
E.Participation in the 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.Toaidin the prevention or elimination of slums or blight;
c.To meet community development needs having a particular urgency.
2.For activities designed to meet the national objective of benefit to low-and
moderate-income persons,the Awardee shall ensure and maintain documentation
that conclusively demonstrates that each activity assisted in whole orinpart with
CDBG funds is an activity which provides benefit to no less than 51%of low-and
moderate-income persons.
3.The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall
carry out each activity in compliance with all applicable federal laws and regulations
described therein.
4.The Awardee agrees to comply with (a)the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970,as amended (URA),and implementing
regulations at49CFRPart 24 and 24 CFR57 0.606(b):(b)the requirements of 24 CFR
670.606 (c)governing the Residental Antidisplacement and Relocation Assistance
plan under section 104(d)of the HCD Act;and (c)the requirements in 570.606 (d)
governing optional relocation policies.(The County may preemept the optional
policies).The Awardee shall provide relocation assistance to persons (families,
individuals,businesses,non-profit organizations and farms)that are displaced as a
direct result of acquisition,rehabilitaion,demolition or conversion for a CDBG
assisted project The Awardee also agrees to comply with applicable County
ordinances,resolutions and policies concerning the displacement of persons from
their residences.
5.For each activity or portion of activity described in Attachment A hereto for which a
location has not yet been identified,the Awardee shall obtain,immediately after a site
is identified by the Awardee,OCED's written environmental clearance statement and
shall agree in writing to comply with any and all requirements as may be set forth in
the Site Environmental Clearance Statement
6.The Awardee shall make a good faith effort to address the concerns of the residents
of the affected area.The Awardee shall cooperate with OCED in informing the
appropriate CDBG citizen participation structures,including the appropriate area
committees,of the activities of the Awardee in adhering to the provisions of this
contract.Representatives of the Awardee shall attend meetings of the appropriate
committees and citizen participation structures,upon the request of the citizen
participation officers,OCED,or the County.
7.The Awardee shall,to the greatest extent possible,give low-and moderate-income
residents of the service areas opportunities for training and employment
8.For activities involving acquisition,rehabilitation and/or demolition of property and
which require the relocation of families,individuals,businesses and/or industries,the
Awardee shall submit a written notification to the Urban Development Unit of OCED
prior to relocating,evacuating,and/or dispersing any and alllegal occupants who
resideatthis property onthebasisofalongorshorttermlease.Whenthe legality of
an occupant (individual,family,business,and/or industry)isin question,the Awardee
shall contact the above mentioned unit prior to making a determination.
Awardees receiving CDBG funds shall adhere to 24CFRpart50 and/or part58 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
development and organizational management theory.OCED shall consider such
waiver upon receipt of the written request by the Awardee.
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 OrderNo.11246 entitled "Equal Employment
Opportunity"andas amended byExecutiveOrderNo.11375,as supplemented bythe
Department of Labor Regulations (41CFR,Part60),the Americans with Disabilities
Act of 1990and implementing regulations,the Rehabilitation Act of 1973,as
amended,Chapter 553 of Florida Statutes and any andall other local,State and
Federal directives,ordinances,rules,orders,andlawsrelatingto people with
disabilities.The Awardee will also comply with24CFRPart85,OMB A-128,OMBA-
87,and with the applicable procedures specified inOCED's Contract Compliance
.Manual,whichare incorporated hereinbyreference,receiptofwhichishereby
acknowledged,and as they may be revised.
2.TheAwardeeshall comply withSection504oftheRehabilitationActof1973,as
amended,whichprohibitsdiscriminationonthe basis ofhandicap;TitleVI of theCivil
RightsActof1964,asamended,whichprohibitsdiscriminationonthebasisofrace,
color,ornational origin;theAgeDiscriminationActof1975,as amended,which
prohibits discrimination onthebasisofage;Title VIII ofthe Civil RightsActof 1968,
asamended,andExecutive Order 11063 whichprohibits discrimination inhousingon
thebasisofrace,color,religion,sex,or national origin;ExecutiveOrder 11246,as
amended which requires equal employment opportunity;andwiththe Energy Policy
and Conservation Act (Pub.L 94-163)whichrequiresmandatorystandardsand
policies relating to energy efficiency.
TheProvider also agrees to comply with the Domestic Violence Leave codified as
11A-60 etseq.ofthe Miami-Dade County Code,which requires an employer,whoin
the regular courseofbusinesshas fifty (50)ormoreemployeesworkingin Miami-
Dade Countyforeachworkingdayduringeachoftwenty (20)ormorecalendarwork
weeksto provide domestic violence leave toits employees.Failure to comply with
this local law maybe grounds for voiding or terminating thisAgreementor for
commencement of debarment proceedings against the Provider.
3.Ifthe amount payabletotheAwardee pursuant tothe terms of this contractisin
excessof $100,000,the Awardee shallcomply with all applicable standards,orders,
or regulations,issued pursuant toSection306ofthe Clean AirActof 1970 (42 U.S.C.
1857 h),as amended;the Federal Water Pollution Control Act (33 U.S.C.1251),as
amended;Section 508 ofthe Clean WaterAct (33 U.S.C.1368);Environmental
Protection Agencyregulations (40 CFR Part 15);andExecutiveOrder 11738.
4-Assurance of Compliancewith Section 504oftheRehabilitationAct-TheAwardee
shall report its compliance with Section 504 of the Rehabilitation Act whenever so
requested by OCED.
5-Americans with Disabilities Act (ADA)of 1990 -The Awardee shall attestto;and
submitthe required Disability Non-discrimination Affidavit assuring compliance with
all applicable requirementsofthelawslistedbelowincludingbutnotlimitedto,those
provisions pertaining toemployment,provisionsand program services,
transportation,communications,access tofacilities,renovations,andnew
construction.
»•Affirmative Action/Non-Discrimination of Employment Promotion,and Procurement
Practices(Ordinance#98-30)-Allfirmswithannual gross revenues in excess of $5
million,seekingtocontractwith Miami-Dade Countyshall,asaconditionof award,
haveawritten Affirmative Action Plan andProcurementPolicyon file withthe
County's Department of Business Development Saidfirms must alsosubmit,asa
part oftheir proposals/bids tobe filed withthe Clerk ofthe Board,an appropriately
completedandsigned Affirmative Action Plan/Procurement PolicyAffidavit.Firms
whose Boards of Directors are representative ofthe population make-up ofthe nation
areexempt from this requirement andmustsubmit,in writing,a detailed listing of
theirBoardsof Directors,showingtheraceorethnicityofeachboardmember,tothe
County's Departmentof Business Development Firms claimingexemptionmust
submit,asapartoftheirproposals/bidstobe filed withtheClerkoftheBoard,an
appropriately completed and signed Exemption Affidavit in accordance with
Ordinance 98-30.These submittals shallbe subject to periodic reviews to assure that
theentitiesdonot discriminate intheiremploymentand procurement practices
against minorities and women-owned businesses.
It willbetheresponsibilityofeach firm toprovideverificationoftheirgrossannual
revenues to determine the requirement for compliance with the Ordinance.Those
firmsthatdonot exceed $5millionannualgrossrevenues must clearlystatesoin
their bid/proposal.
Any bidder/respondent which does notprovideanaffirmativeactionplanand
procurement policy may not be recommended by the County Managerforawardby
the Board of County Commissioners.
7.Domestic ViolenceLeave Affidavit:Priortoenteringintoany contract withtheCouty,
afirm desiring todo business with the County shall,asa condition of award,certify
that it is in compliance with the Domestic Leave Ordinance,99-5 and Section 11 A-60
of the Miami-Dade County Code.This Ordinance applies to employers that have,in
the regular course of business,fifty(50)or more employees working inMiamiDade
County for each working day during each of twenty (20)or more calendar work weeks
in the current or preceding calendar year.In accordance with Resolution R-185-00,
the obligation to provide domestic violence leave to employees shall be a contractual
obligation.The County shall not enter into a contract with any firm that has not
certified its compliance with the Domestic Leave Ordinance.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 for a public entity crime may not submit a proposal for a contract to
provide any goods or services to a public entity;may not submit a proposal on
a contract with a public entity for the construction or repair of a public building
or public work;may not submit proposals on leases of real property to a public
entity;may not be awarded or perform work as a Awardee,supplier,
subcontractor,or consultant under a contract with any public entity;and,may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for Category TWO ($10,000)fora period 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,joint venture or other legal entity havinganofficer,director,or
executive who has been convicted of a felony during the past ten years shall
disclose this information prior to entering into a contract with or receiving
funding from the County."Failure of the Awardeeto disclose this information
as required mayleadtothe termination of this agreement byMiami-Dade
County.
If any attesting firm,oranyowner,subsidiary,orotherfirmaffiliatedwithorrelatedtothe
attesting firm,isfoundbythe responsible enforcement agency,theCourtsortheCountytobe
in violation of the Acts,the County will conduct no further business with such attesting firm.
Any contract entered intobaseduponafalseaffidavit,aslistedbelow,and submitted
pursuant to this resolution shall be voidable by the County:
1.Miami-Dade County Ownership Disclosure Affidavit
2.Miami-Dade Employment Family Leave Affidavit
3.Miami-Dade Employment Drug-Free Workplace Affidavit
4.Miami-Dade Employment Disclosure Affidavit
5.Disability Nondiscrimination Affidavit
6.Criminal Record Affidavit
7.Public Entity Crime Affidavit
8.Related-Party Disclosure Information
9.Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees
or Taxes
10.Affirmative Action Affidavits
11.Current on all County Contracts,Loans,and Other 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.12101-12213and47U.S.C.Sections 225and611 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 lawor 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,
prior to 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 withtheDavis-BaconAct;CopelandAnti-KickBackAct;ContractWork
HoursandSafetyStandardsAct;andLead-BasedPaintPoisoningPreventionActas
amended on September 15,1999;and other related acts,as applicable.
4.Submit to OCED forwrittenpriorapprovalall proposed SolicitationNotices,
InvitationsforBids,and Requests for Proposals priorto publication.
5.Submit toOCEDall construction plans and specifications and receive OCED's
approval prior to implementation.
6.Contactthe OCED representativenotedin Section IV,Paragraph Kpriorto
scheduling a pre-construction conference.
In accordance with industry standards,OCED willhold 10%ofthetotalgrantaward
asaretaineruntilthe completion ofthe construction workisverifiedby 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 maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services"outlined in Attachment Ain this
contract.
6.The Awardee shall ensure that the Contract Records shall be at all times subject to
and available forfull access and review,inspection,or audit by County and federal
personnel and any other personnel duly authorized by the County.
7.The Awardee shall include inallOCED approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services,as such
services are described in this contract and defined by OCED,each of the record
keeping and audit requirements detailed in this contract OCED shall,in its sole
discretion,determine when services are eligible substantive programmatic services
and subject to the audit and record-keeping requirements described above.
8.The County reserves the right to require the Awardee to submit to an audit by Audit
and management Services or other auditor of the County's choosing at the Awardee's
expense.The Awardee shall provide access to all of its records,which relate directly
or indirectly to this Agreement at its place of business during regular business hours.
The Awardee shall retainall records pertaining to the Agreement and upon request
make them available to the County for three years following expiration of the
Agreement.The Awardee agrees to provide such assistance as may be necessary to
facilitate the revieworauditbythe 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
willincludetheircompletionofthemonitoring instrument atthetimethatthe agency
undergoes its annual audit or reduced scope audit.The auditors must submit the
completed monitoring instrument and the audit report to OCED within six months
after the conclusion of the audit period.
J.Retention of Records
1.The Awardee shall retain all Contract Records for a period ofatleast five (5)years
(hereinafter referredtoas "Retention Period")subject to the limitations set forth
below:
a.For all non-CDBG assisted activitiestheRetention Period shallbeginupon
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
PerformanceReportfortheyearinwhichtheactivityisreportedas
completed.Foreachpublic service activity the Awardee must retainall
contractrecords except those relatingtorealand nonexpendable personal
property.
c.For all other CDBG assistedactivitiestheRetention Period shallbeginupon
U.S.HUD's acceptanceof OCED's annual Grantee Performance Reportin
which each assisted activity is reported on for the final time.For all the
CDBG assisted activitiescoveredbythisSection II,Paragraph J.1.C.,the
Awardee must retainallcontractrecords except those relatingtorealand
nonexpendable personal property.
d.ForallCDBG assisted activities,the Retention Period forall contract records
relatingtorealand nonexpendable personalpropertyshallbeginuponthe
date of the final disposition of the property.
2.IftheCountyorthe Awardee have received orgivennoticeofanykind indicating any
threatened orpending litigation,claimorauditarisingoutofthe 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 andfinally resolved.
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3.TheAwardeeshallallowtheCounty,federal personnel,oranypersonauthorizedby
the County full access toand the rightto examine any of the contract records during
the required Retention Period.
4.The Awardee shall notify OCEDin 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 OCEDprior to disposing ofany 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,or is regulated by other governmental agencies,
and those agencies issue monitoring reports,regulatory examinations,or other
similar reports,the Awardee shall provide a copy of each report and any follow-up
communications and reports to OCED immediately upon such issuance unless such
disclosure is a violation of the regulatory agencies issuing the reports.
3.MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEW
According to Section 2-1076 of the Code of Miami-Dade County,as amended by
Ordinance No.99-63,Miami-Dade County has established the Office of the Inspector
General which may,on a random basis,perform audits on all County contracts,
throughout the duration of said contracts,except as otherwise provided below.The
cost of the audit of any Contract shall be one quarter (1/4)of one (1)percent of the
total contract amount which cost shall be included in the total proposed amount.The
audit cost will be deducted by the County from progress payments to the selected
Awardee.The audit cost shall also be included inall change orders and all contract
renewals and extensions.
m Exception:The above application of one quarter (1/4)of one percent fee
assessment shall not apply to the following contracts:(a)IPSIG contracts;
(b)contracts forlegal services;(c)contracts forfinancial advisory services;
(d)auditingcontracts;(e)facilityrentalsandlease agreements;(f)
concessions and other rental agreements;(g)insurance contracts;(h)
revenue-generating contracts;(I)contracts where an IPSIG is assigned at
the time the contract is approved by the Commission;(j)professional
service agreements under $1,000;(k)management agreements;(I)small
purchase orders asdefinedin Miami-Dade County Administrative Order3-2;
(m)federal,stateandlocal government-funded grants;and(n)interlocal
agreements.Notwithstandingtheforegoing,the Miami-Dade CountyBoard
of County Commissioners mav authorize the inclusion of the fee
assessment of one Quarter (1/4)of one percent in any exempted contract at
the time of award.
Nothing contained above shall in any way limit the powers of the Inspector
General to perform audits on this contract.
COMMISSION AUDITOR ACCESS TO RECORDS
Pursuant to Ordinance No.03-2,Awardee shall grant access to the
Commission Auditor to all financial and performance related records,
property,and equipment purchased in whole or inpart with government
funds,including funds awarded tp Awardee pursuant to this contract.
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
dateofthe agreement.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 of any positions not specifically listed in the approved budget.
3.The modification or addition of all job descriptions.
4.The purchase of all nonexpendable personal property not specifically listed in the
approved budget.
5.The disposition of allreal,expendable personal,and nonexpendable personal
property as defined in Section II,Paragraph 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 forin Section II,Paragraph J of this
contract.
M.Monitoring
The Awardee shallpermit OCED and other persons duly authorized by OCEDto 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,OCED willdeliverto the Awardee a report of itsfindings,and
the Awardee will rectify all deficiencies cited byOCED within the specified period of time set
forthin the report,orprovide OCED witha 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 OCEDinits 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 andshall not acquire any financial interest,direct or
indirect which would conflict inany 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 afinancial interest shallbe employed or retained by
the Awardee hereunder.These conflict of interest provisions apply to any person who isan
employee,agent,consultant,officer,or elected officialor appointed official of the County,or
of any designated public agencies or subrecipients which are receiving funds under the
CDBG Entitlement program.
The Awardee shall submit toOCED 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-compliancewiththeaboverequirementswillbe considered abreachofcontract,which
will resultinthe immediate termination ofthe agreement,therecoveryoftheentire funding
award,and thedisqualificationoffundingthrough OCED foraperiod of threeyears.
TheAwardeeshall disclose any possible conflicts of interest or apparent improprietiesofany
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 onall 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 SHALL COMMENCE UNTILTHE PROJECT
SIGNS ARE SECURED IN PLACE.THE SIGNS SHALL BE IN ACCORDANCE WITH THE
DETAIL SHOWN IN ATTACHMENT F.For this project signs will be required.Payment
for furnishing,installing and maintaining the sign shall be under the bid amount for
mobilization.
P.Procurement
The Awardee must take affirmative steps to procure supplies,equipment,construction,or
services to fulfill this contract from minority and women's businesses,and to provide these
sources the maximum feasible opportunity to compete for subcontracts to be procured
pursuant to this contract To the maximum extent feasible,these businesses shall be located
inor owned by residents of the Community Development areas designated byOCEDin the
CDBG application approved by the supervising federal agency.The Awardee shall assure that
all subcontracts orthirdparty agreements contain provisions with stated goals,that low-
income residents from Community Development focus and service areas be provided with
opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968,the
Awardee must direct federal financial assistance toward Target Area residents and ensure
that employment and economic opportunities be given tolow and very low-income persons,
particularly those who are recipients of government assistance for housing accordingtothe
guidelines mentioned below:
1.The work to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Development Act of 1968,as amended,12 U.S.C.170lu (section 3).
The purpose of section 3is to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by section 3,shall,to the
greatest extent feasible,be directed to low-and very low-income persons,particularly
persons who are recipients of HUD assistance for housing.
2.The parties to this contract agree to comply with HUD's regulations in24CFRpart 135,which
implement section 3.As evidenced by their execution of this contract,the parties to this
contract certify that they are under no contractual or other impediment that would prevent
them from complying with the part 135 regulations.
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3.The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding,if any,a
notice advising the labor organization or workers'representative of the Awardee's
commitments under this section 3 clause,and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice.The notice shall describe the section 3 preference,shall set
forth minimum number and job titles subject tohire,availability of apprenticeship and training
positions,the qualifications for each;and the name and location of the person(s)taking
applications for each of the positions;and the anticipated date the work shall begin.
4.The Awardee agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in24CFRpart135,and agrees to take appropriate action,as
provided inan applicable provision of the subcontract orin this section 3 clause,upon a
finding that the subcontractor isin violation of the regulations in24CFR part 135.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 in 24 CFR
part 135.
5.The Awardee will certify that any vacant employment positions,including training positions,
that are filled (1)after the Awardee is selected but before the contract is executed,and (2)
with persons other than those to whom the regulations of 24 CFR part 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 in24CFRpart135 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 totheworktobe 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 shallbe given to Indian organizations and Indian-owned Economic Enterprises.
Partiesto this contract thatare subject tothe provisions of section 3and section 7(b)agreeto
comply with section 3to the maximum extent feasible,butnotin 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 toprovideadetailed
statement of their policies and procedures for awarding subcontracts which:
a)notifies the broadest number oflocal subcontractors ofthe opportunity tobeawardeda
subcontract;
b)inviteslocalsubcontractorstosubmitbids/proposalsina practical,expedientway;
c)provides local subcontractors access toinformation necessary toprepareandformulate
a subcontracting bid/proposal;
Shallows local subcontractors tomeet with appropriate personnel ofthe Awardee to
discuss the Awardee's requirements;and
HHawards 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 withtheCountyshall,asa condition of award,providea
statement of their subcontracting policies and procedures (see attached FormA-7.2).
Awardees who failtoprovidea statement of their policies and procedures may notbe
recommended by the County Manager foraward by the Board of County Commissioners.
The term "local"means having headquarters located inMiami-Dade County or having a place
of business located in Miami-Dade County from which the contract or subcontract will be
performed.
The term "subcontractor"means a business independent of a 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 and a subcontractor to
perform aportion 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 OCED in excess of $25,000 shall
be either:
1)Used to meet one of the three (3)CDBG national objectives required
by and defined in24CFR 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 OCEDin its sole and absolute discretion;
or
2)Not used to meet one of the three (3)CDBG National Objectives.In
the event the property is not used to meet one of the national
objectives for five (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 from OCEDfor $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 acquiredand
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 orloan 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.
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 or in part 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
or in part with funds given to the Awardee pursuant to the terms of this
contract shall vest in the County and OCED.
The Awardee shall obtain the prior written approval from OCEDfor the disposition of
real property,expendable personal property,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 may require
the return of all such property to OCED.
R.Program Income
Program income as defined in24CFRPart 570.500 means gross income received by
the Awardee directly generated from activities supported by CDBG funds.When
program income is generated by an activity that is only partially assisted with CDBG
funds,the income shall be prorated to reflect the percentage of CDBG funds used.
If the Awardee generates program income,the Awardee may retain the program and
use itfor costs that arein addition to the approved costs of this contract,provided
that such costs specifically further the objectives of this contract.These additional
costs need not be of a kind that would be permissible as charges to this contract
However,the Awardee shall not,under any circumstances,use program income to
pay for charges or expenses that are specifically not allowed pursuant to the terms of
this contract and applicable federal regulations or rules or any County rules or
ordinance.
a.The Awardee shall comply with the program income provisions in OCED's
Contract Compliance Manual.If any program income provisions of the
Contract Compliance Manual conflict with any program income provisions of
this contract,the provisions of this contract shall rule.
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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 OCED a written explanation of the
activities to be assisted with Program Income and shall obtain
OCED's written approval prior to implementing those activities.All
provisions of this contract shall apply to any activity performed using
Program Income.
e.Subject to the limitations set forth in this paragraph,the 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 froma 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 shallbe 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.TheAwardeeshall obtain,aspartoftherequiredauditreport,validationbya
certified auditor of all program generated income and its disposition.
3.Uponexpirationorterminationofthiscontractorattheendofanyprogramyear,the
Awardee shall transfer to the County any program income funds on hand,and any
program income accounts receivableattributabletoany CDBG fundedactivities.
OCED may require remittance ofallorpart of anyprogram income balances
(including investments thereof)heldbytheAwardee(except those neededfor
immediate cash needs,cash balances of a revolving loan fund,cash balances froma
lump sum drawdown,orcashor investments heldfor 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.
Travel
The Awardee shall comply withthe 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 ail
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services
4.The Awardee shall receive from OCED writtenpriorapprovalforany 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 rightto
receive benefits or payments resulting from this contract.
6.Approval byOCED 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 itwill 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 willbelimitedto 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 portionofthis agreement -Attachment "A,"which shallbe
submitted withall payment requests andshall clearly identify the completed levelof
accomplishments met.Thisshall also apply to soft costs associated withproject
delivery.
6.No payments willbe made without evidence ofappropriate insurance requiredby 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 ifOCED,in its sole discretion,so chooses.
7.Withinthirty(30)calendar daysafter this contract expires oris terminated,the
Awardee shall provide to OCEDalist of all invoices and costs that relateto this
contract's approved Budget and that have not been submitted toOCED.Any invoice
received by OCED,subsequent to receipt of this listbyOCED 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 toOCEDin accordance withOCED's
Contract Compliance Manual.
9.Any unexpended funds remainingafter 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 shallreturnto OCED,upon the expiration or termination of this
contract all assets,owned orheldby Awardee asa result of this contract,including,
but not limitedtoany CDBG funds on hand,any accounts receivable,any
overpayments duetounearnedfundsor costs disallowedpursuanttothetermsof
this contract that were disbursed to the Awardee by the County,other than
reasonable operatinganddeficit reserves established by Awardee and which are
connected with the real property.In the case of activities involving real property,
such reserves shall not be distributed to any partner or subcontractor prior to
repayment to OCED of the CDBG Loan.The Awardee shallat the request of the
County execute anyandall documents,including but not limitedto mortgages
securing the propertyand UCC financing statements,asrequiredby the County to
effectuate the reversion of assets.
III.The County Agrees:
Subject totheavailability of funds,topayfor contracted activitiesaccordingtothe terms and
conditions contained within this contract in an amount not to exceed $200000.
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.OCED willnotifytheAwardeeofthetypeofactiontobe taken inwritingbycertified
mail,returnreceipt requested,orin person with proof of delivery.Thenotificationwill
include the reason(s)for such action,the conditions oftheaction,andthe necessary
corrective action(s).OCED willgivethe Awardee reasonable opportunity torectify
any action or inaction referenced above.
Termination
1.Termination at Will
This contract,in whole orinpart,may be terminated by OCED upon no less than ten
(10)working days notice when OCED determines that it would be in the best interest
of OCED and the County.Said notice shall be delivered 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,or in person with
proof of delivery.OCED shall be the final authority in determining whether or not
funds are available.OCED may at its discretion terminate,renegotiate and/or adjust
the contract award,whichever is in the best interest of the County.
4.Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee
through Board of County Commissioners action,the Awardee may,at its discretion,
request in writing from the Director of OCEDa release from its contractual
obligations to the County.The Director of OCEDwill review the effect of the request
on the community and the County prior to making afinal determination.
5.Termination for Breach
OCED may terminate this contract,in whole orinpart,when OCED determines,inits
sole and absolute discretion,that the Awardee is not making sufficient progress
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 OCED in writing,OCED may,by written
notice to the Awardee,terminate this contract upon no less than twenty-four (24)
hours notice.Said notice shall be delivered by certified mail,return receipt requested,
or in person with proof of delivery.Waiver of breach of any provision of this 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.
2.1
The County may terminate or cancel any other contracts with such individual or
subcontracted entity it has with the County.Such individual or entity shall be
responsible forall direct and indirect costs associated with such termination or
cancellation,including attorney's fees.
The foregoing notwithstanding,any individual or entity who attempts to meet its
contractual obligations with the County through fraud,misrepresentation or material
misstatement may be disbarred from County contracting for up to five (5)years.
7.Payment Settlement
If termination occurs,the Awardee will be paid for allowable costs incurred in
carrying out activities required by this contract up to the date and time of termination.
Renegotiation or Modification
1.Modifications of provisions of this contract shall be valid only when in writing and
signed by duly authorized representatives of each party.The parties agree to
renegotiate this contract if OCED,in its sole and absolute discretion determines that
federal,state,and/or County revisions of any applicable laws or regulations,or
increases or decreases in budget allocations make changes in this contract
necessary.OCED shall be the final authority in determining whether or not funds for
this contract are available due to Federal,state and/or County revisions of any
applicable laws or regulations,or increases or decreases in budget allocations.
2.CONTRACT EXTENSION
The County shall have the right to exercise an option to extend this contract
for up to one year beyond the current Contract period and will notify the
Awardee(s)in writing of the extension.This contract may be extended
beyond the initial year extension period upon mutual agreement between the
County and the Awardee(s),upon approval by the Director of the Office of
Community and Economic Development.
Right to Waive
OCED may,for good and sufficient cause,as determined by OCEDinits sole and absolute
discretion,waive provisions in this contract or seek to obtain such waiver from the
appropriateauthority.Waiver requests fromtheAwardeeshallbeinwriting.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
provisiononanyone occasion shallnot constitute awaiverof such rightsorprovisiononany
other occasion.Nofailureordelayby OCED inthe exercise of anyrightshall operate asa
waiver.
Budget Revisions and Changes to the CDBGEligibility Activity Title
1.Revisions totheBudget(AttachmentB)shallbe requested inwritingand must
comply withOCED'sContractCompliance Manual.These revisions shall not require
a contract amendment unless the amount of this contract is changed or unless
otherwise requiredby OCED.All budget revisions shallrequire 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 aportion of the fundingallocationto 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 shallbe sent byOCED 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
(AttachmentA).Revisions tothe Scope ofService,when required,willbenegotiated
to the mutual satisfaction of both parties.
Revisions to the CDBGeligibilityactivity titles under which this contract's objectives
are classified as noted in the Scope of Services shall not require a contract
amendment
G.Disputes
In the event an unresolved dispute exists between the Awardee and OCED,OCED shall refer
the questions,including the views of all interested parties and the recommendation of OCED,
to the County Manager for determination.The County Manager,oran authorized
representative,will issue a determination within thirty (30)calendar days of receipt and so
advise OCEDand 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 General or IPSIG's sole judgment,pertain to performance of the
contract,including,but not limited to original estimate files,worksheets,proposals
and agreements from and with successful and unsuccessful subcontractors and
suppliers,all project-related correspondence,memoranda,instructions,financial
documents,construction documents,proposal and contract documents,back-charge
documents,all documents and records which involve cash,trade or volume
discounts,insurance proceeds,rebates,or dividends received,payroll and personnel
records,and supporting documentation for the aforesaid documents and records.
The provisions in this section shall apply to the Provider,its officers,agents,
employees,subcontractors and suppliers.The Provider shall incorporate the
provisions in this section 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 on all 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 isat 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 ismadetothe Awardee's assignee,thenameand address oftheofficialpayee
is:N/A
N.Waiver of Trial
NeithertheAwardee,subcontractor,noranyotherpersonliablefortheresponsibilities,
obligations,services and representations herein,norany assignee,successor,heiror
personal representative of theAwardee,subcontractor orany such otherpersonorentity
shall seek ajurytrialinanylawsuit,proceeding,counterclaimoranyother litigation
procedurebaseduponorarisingoutofthisContract,orthedealingsortherelationship
between or among such persons orentities,orany of them.NeitherAwardee,subcontractor,
norany such person or entity will seek to consolidate any such actionin which ajurytrialhas
been waived.The provisions ofthis paragraph havebeenfully discussed bytheparties
hereto,andtheprovisionshereofshallbe subject tono exceptions.Nopartyhasinanyway
agreed withor represented toanyotherpartythatthe provisions of this paragraphwillnotbe
fully enforced inall instances.
O.Assignment
The Awardee shall not assign,transfer,hypothecate or otherwise dispose of this contract,
includinganyrights,titleor interest therein,oritspowerto execute such contracttoany
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 andits attachments as referenced (Attachment A-Scope of Services;
Attachment A1-Action Steps;Attachment B-Budget;Attachment C-Progress Report;
Attachment D-InformationforEnvironmentalReview;Attachment E-CertificationRegarding
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 th,
their undersigned officials as duly authorized,this&Kfrty
(26)page contract to be executed by
'2006.
AWARDEE:
City of South Miami
MIAMI-DADEXOUNTY
<
BY:
NAME:•ivonne S.McKinley
TITLE:Acting City Manager
DATE:
BY:
NAME
TITLE:
DATE
Witnesses:
BY:
ignature)^^^v
Type or Print Name
(Signature)
Type or Print Name
Federal ID Number:59-6000431
Resolution #:Jt/-Q(f -JaLJ^*T
Awardee's Fiscal Year Ending Date:9/30/2006
CORPORATE SEAL:
Burgess
TITLE:County Manager
ATTEST
BY:
TITLE:Clerk,BoaTd of County
Commissioners
CONTRACT IS NOT VAUD UNTIL SIGNED AND DATED BY BOTH PARTIES
26
RFA FY2006 Acronym on m ah m D'ate:SCORE::SMIAMI 4/24/2006
FY 2006 Activity ID:401 0 Action Plan ID:
Index Code:
IDIS Number:
CATEGORY:Source
Capital ImprovemeQDBG
District:MD Specific:DistTeam:
07 07
Ali^tMi+ft
Contract Number:60125
.Sort Contracts by Agency
Contract Shell Type:
F CDBG MUNICIPALITY
EIN:59-60004311.Description -Applicant /Agency /Developer Information:
Applicant /Developer (A.K.A.):
City of South Miami
ApplicantTypo:Municipality
Activity Titleand Description:Monitoring Issues:
Applicant Legal Address:
CITY,ST,ZIP:
Contact:Ms.Joanna Revelo
Phone:(305)668-2514
6130 SUNSET DR
S MIAMI FL!33143
Title:Reconstruction Of Church Street-Phase II
Description (254 Characters Max.):
Continuationof roadway milling &resurfacing,sidewalk &curb enhancement,paving &drainage improvements,
landscaping,pavement marking,water &sewer improvements,street lighting and street furniture,at SW 59 Place from
SW 66 St.to SW 68 St.
2.Funding Information
FY05 Contract #50816
FY05 IDIS #2802
FY05 Funding:$104,000
FY06 Non-OCED Funding:
$50,000
FY06 Requested Amount:
$430,000
FY 2006
Allocation:$200,000
Agency Fiscal Year
Start:End:AUDIT DUE:
10/01/2005 09/30/2006 I 3/29/2007
5.Contract Tracking
Issued Date Scope Finalized
Signed Date Budget Approved
3.Contract Information /Signees
Contract
Officer:
231 Hoberman
Planner:143 Parkinson
Salutation FName LName
Ms.Maria V.Davis
Title:City Manager
H ;
Title:
:
Contract Expires In:251 DAYS
Start Date:Completion Date:Amendment
12/31/20061/1/2006
Sent to County
Attorney
Sent to County
Manager
Number Of Units
Proposed in Application
Estimated :
Proposed by Funding:
Cost per Unit (CPU)
Contract Status:
1,000
465
:3-AGREEMENT SENT TO AGENCY FOR
Contract Tracking Report
Sent to Clerk
of Board
Returned from
County Manager/
Executed
6.Geographic Information (Please remember to GEO CODE Activity Address)
Activity Geo Address:ActivityGeoCity:ST:GeoZipCode:Census Tract:Block Group:
7.HUD Information
SO.MIAMI
If no street address,provide crossroads information:
SW 59 PL FROM SW 66 ST TO SW 68 ST.
HUD Code:HUD Activity Type:
03K Street Improvements
Proposed:
1,000
Accomplishment Type
People
E.I33143 76.03
Folio Number (CI and HO only)
09-4025,sec 25-5440
National Citation National Objective:
570.201(c)570.208(a)(1)LMA
Priority Need
Infrastructure
%Low/Mod:
%Small/Min.Contractors:
SCOPE OF SERVICES-
proposed Accomplishments
QUARTER
1st
2nd
3rd
4th
AGENCY NAME
ACTIVITY
FUNDING SOURCE
AMOUNT:
TOTAL ACTIVITIY COSTS:
TOTAL AVAILABLE FUNDING (Matchingby City)
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
ACTION STEP CATEGORY
Scope &Budget/Execution of Agreement
CSM Finance Dept.-To create account
Environmental Clearance
Davis Bacon Rates Request/Bid Documents
BidDocumentsReview-preliminary
Engineering
Construction Bid
Construction Contract Award
Engineering
Construction
^
Engineering
Construction
APPROVED
THE CITY OF SOUTH MIAMI
CHURCH STREET IMPROVEMENTS-PHASE
CDBG 2006
$200,000
$250,000
$50,000
1,000 LF
1
CAPITAL
CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY
COMPLETION SERVICE UNITS
APPROVED APPROVED
5%
.75%-.
CUMULATIVE
PROJECTED
PAYMENT LEVEL
APPROVED
12.-500
0 -:;::•-:•187:506
Thisisan on-going street improvement construction project
*This projectis associated with:(1)$95,000 FY04CDBGand(2)$100,000 FY04CDBG
ATTACHMENT "A"
Part II
Attachment 12
ACTUALQUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
COMPLETION SERVICE UNITS REIMBURSEMENTS
•.:....".;..;„-.;:,y.
ATTACHMENT B
CITY OF SOUTH MIAMI
CHURCH STREET IMPROVEMENTS -PHASE III
CDBG
FY2006
SUMMARY BUDGET
JANUARY 1,2006 -DECEMBER 31,2006
CATEGORIES
PRIOR YEAR
FUNDING
FY 2006
FUNDING
NON-OCED
FUNDING TOTAL
I.Personnel $4,000 $8,000 $0 $8,000
II.Contractual Services $18,548 $30,000 $10,000 $40,000
III.Operating Services $0 $0 $0 $0
IV.Capital Outlay
$202,000
$77,452 $162,000 $40,000
TOTAL BUDGET
$250,000
$100,000 $200,000 $50,000
SOURCES OF OTHER
FUNDING TOTAL AMOUNT
CRA $50,000
(\^(A^®
CITY OF SOUTH MIAMI,INC
CDBG FY 2006
RECONSTRUCTION OF CHURCH STREET SW 59TH PLACE-IMPROVEMENTS
DETAIL BUDGET
January 1,2006 thru December 31,2006
PP Non-OCED OCED Total OCED Total All Sources
4010 PERSONNEL-Employee
Regular-Salaries
Public Works Director/PW Staff 0 $5,000 $5,000 $5,000
<Chief.Accountant/Finance Staff .0 $2,000 $2,000 $2,000
Grants Administrator 0 $1,000 $1,000 $1,000
Sub-Total Salaries 0 $8,000 $8,000 $8,000
4010 Fringe Benefits
FICA (salaryX7.65%)0 0 0 0
Sub-Total Fringe 0 0 0 0
Total Personnel 0 8,000 8,000 8.000
Contractual Services
21011 External Audit 0 0 0 0
21012 Environmental Audit 0 0 0 0
21030 Other Professional-Svc Const Mgmt 10,000 30,000 30,000 40,000
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 10.000 30,000 30,000 40,000
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 40,000 162,000 162,000 202,000
Infrastructure Improvements
Total Capital Outlay 40,000 162,000 162,000 202,000
TOTAL BUDGET 50,000|200,000|200,000 250,000
ATTACHMENT B-l
INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR CONSTRUCTION AND MAJOR
REHABILITATION ACTIVITIES
ContractorshallindemnifyandholdharmlesstheCountyandits officers,employees,agentsand
instrumentalitiesfromanyandallliability,lossesordamages,including attorneys'feesandcosts of
defense,whichtheCountyoritsofficers,employees,agentsorinstrumentalitiesmayincurasaresult of
claims,demands,suits,causes of actionsorproceedings of anykindornaturearisingoutof,relatingto
orresultingfromthe performance of thisAgreementbytheContractororitsemployees,agents,
servants,partners principals or subcontractors.Contractor shallpayall claims and losses in connection
therewithandshall investigate anddefendallclaims,suitsoractions of any kind or nature in the name
of theCounty,where applicable,includingappellateproceedings,andshallpayallcosts,judgments,and
attorney'sfeeswhichmayissuethereon.Contractorexpresslyunderstandsandagreesthatanyinsurance
protectionrequiredbythisAgreementorotherwiseprovidedbyContractorshallinnoway limit the
responsibilitytoindemnify,keepandsaveharmlessanddefendtheCountyor its officers,employees,
agents and instrumentalities as herein provided.
The Contractor shall furnish to Miami-Dade County,c/o Office of Community and Economic
Development,140 West Flagler Street,Suite #1000,Miami,Florida 33130,Certificate(s)of Insurance
which indicate that insurance coverage hasbeen obtained which meetsthe requirements as outlined
below:
A.Worker's Compensation Insurance forall employees of the Contractor as required by
Florida Statute 440.
B.Public Liability Insurance on a comprehensive basis inan amount not less than $500,000
combined single limit per occurrence for bodily injury and property damage.Miami-
Dade County must be shown as an additional insured with respect to this coverage.
C.Automobile Liability Insurance covering allowned,non-owned andhired vehicles used
in connection with the work,inan amount not less than $500,000 combined single limit
per occurrence for bodily injury and property damage.
D.CompletedValue Builder's RiskInsuranceonan"AllRisk"basisinanamountnotless
thanonehundred(100%)percent of theinsurablevalue of thebuilding(s)orstructure(s).
Thepolicyshallbeinthename of Miami-DadeandtheContractor.
E.Professional Liability Insurance inthename of designprofessionalforthisproject,inan (
amount not less than $250,000 with the deductible perclaim,ifany,notto exceed 10%of
the limit
Allinsurance policies required aboveshallbeissuedby companies authorized todo business under the
laws of theState of Florida,with thefollowingqualifications:
The company must beratednolessthan "B"astomanagement,andnoless than
"Class V"asto financial strength,bythe latest edition of Best's Insurance Guide,
published by A.M.Best Company,Oldwick,New Jersey,orits equivalent,subject to
the approval of the County Risk Management Division.
or
TTie company must holdavalid Florida Certificate of Authorityasshowninthelatest
"List of All Insurance Companies Authorized toDo Business in Florida"issued by
the State of FloridaDepartment of Insuranceandare members of theFlorida
Guaranty Fund,
Certificates will indicateno modification orchangeininsuranceshallbe made without thirty(30)daysin
advance notice to the certificate holder
ATTACHMENT C
ROGRESS REPORT FY 2006
IRT 1;Activity Information
AgencyName:
'Select Quarter (V)
1rt JAN-MAR .
2MO APR-JUN
3rt JUL-SEP
ANNUAL REPORT
ProjectTitle:
Activity Name:_4.Category:
Activity Address:6.Commission District:
Activity Description:.
IDIS No.9.Source:.10;Grantee Activity #:Funded Amount:
.Matrix Code:12.Index Code:_13.National Objective:
ENTER YES (Y)OR NO (N)FOR QUESTIONS 14 TO 17
14.Help Prevent Homelessness?:
16.Primarily Help Persons With Disabilities?:
,15.HelpThoseWith HIV/AIDS?:
17.Generate Program Income?:
PICATE ALL THAT APPLY WITH "X"FOR QUESTIONS 18 TO 24
.Section108:_19.One-For-One Replacement:
.SpecialAssessment:23.Revolving Fund:.
_20.DispIacement:
.FloatPrincipalBalance:
.IndicateiftheactivityislocatedinCDFIAreaorStrategyArea C/S:_
.Area Identifier:
.Unliquidated Obligations:
21.Float Funded:
.24.Favored Activity:
iRT 2;Area Benefit Information (complete this part if the national objective is LMA)
Percent of Low/Mod inService Area:2.Survey or Census Tract determination?(S/C):
CensusTract:4.Block Groups:
Page l of 12
06 12:41 PM
'ART 3:Direct Benefit Information (complete this part if the National Objective is LMC.LMH.LMJ
I.Countsby Households orPersons?(H/P):•
2.Total Number Benefiting fromthe Activity:,3.Number of Female Headed Households:
\.Number of persons served in Entitlement Area:_
5.Number of persons served outside of Entitlement Area:_
3.Method of Verification bythe Agency:
T.Presumed Benefit?(Y/N):
J.Nature/Location Narrative:
8.Nature/Location?(Y/N):_
DirectBenefitbyRace/EthnicCategory
Note:The beneficiary information mustbe cumulative total from program startdate.
MOD
Wldlc
Mack or African American
Asian
American Indian/Alaskan Native
Native Hawaiian /Other Pacific Islander
American Indian/Alaskan Native &White
Asian &While
Black African American &White
American Indian or Alaskan Native &Black
African American
Other Multi-Racial
Totals
LOW
DirectBenefitby Income Category
EXTREMELY LOW TOTAL
PART 4:Slum/BlightAreaInformation (complete thispartif the National ObjectiveisSBA)
1.Boundaries:
2-Percentage of Deteriorated Buildings:_
4.SIum/B lightDesignationYear:
3.Public Improvement/Condition:
PART5:Job Creation/Retention Information (complete?this partif the National Objective isLMJ)
Table 1
ATTACHMENT C
Type Interest Rate Amortization Period Amount
CDBG Direct Loan
CDBGDeferred Payment
CDBG Grant
Page 2 of 12
1/2/06 1:34 PM
ATTACHMENT C
Table 2-Job Creation/Retention Information
•Type
Total Job
Count-FuU
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 Activity Set Up and Completion lnformation(for LMH activities)
Table 1
Units Total Occupied Occupied Low/Mod
#of Units at Start
-
#of Unitsexpectedat
Completion
#of Units actually
Completed
Table 2
Type Authorized Costs Actual Costs
CDBG
Other
Total
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 if One-for One Replacement has occurred)
Type Demolished/Converted Address Replacement Address
#of Bedrooms
Agreement executed date
Available Date
PART 9:Activity Status/Accomplishments Information (complete this part for all types of activities)
1.ActivityStatus(CircleOne):1.Cancel 2,Completed3.Underway
(Anactivityisconsideredtobe completed whenitmeetstheNationalObjectiveandafterallthefundsare drawn)
2.Proposed Accomplishment Type:3.Proposed#ofAccomplishment Unit/s:
4.Actual Accomplishments Type:^5,Actual#of Accomplishment unit/s duringtheyear:
6.Environmental Assessment Code:
2/06 12:41 PM
7.Create Program Income?(Y/N):_
Page 3 of 12
.<•••'ATTACHMENT C
Accomplishment narrativefortheCurrent Program Year (Please makesurethataccomplishmentsduringthe current
yearare only included.
Maximum 6 lines)
By signing below I,
and appropriate records have been maintained.
Prepared By:_
Reviewed By:_
_,verify that the information in this report is accurate
Date:
Date:
FOR OGED
Verified for completeness and accuracy by:
Contract Officer:
Planner:
USE ONLY
Date:
Date:
CMM Section Supervisor:
Planning Section Supervisor:
Division Director:
Admin.Support Staff:
Date:
Date:
Date:
IDIS UPDATE
Page 4 of 12
106 12:41 PM
ATTACHMENT C
QUARTERLY PROGRESS REPORT INSTRUCTIONS
IRT1,ACTIVITY INFORMATION
Agency Name:Enter the Name of the Agency
Project Title:Agency Acronym andtheTitle of theProject(60characters maximum)
Activity Name:Agency Acronym andthename of theactivity(40characters maximum)
Category:EntertheCategory of theactivity(e.g.Housing,PublicService,Ecc.Devetc.)
Activity Address:Enterthecompleteaddress of thelocationwheretheactivityistakingplace
Commission District:Enterthe Commission District#wheretheactivityistakingplace
Activity Description:Enter brief description of the activity (120characters maximum)
IDIS No.:EnterIDIS No.of the activity.
Source:Enter the 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 applicabletothe activity.
.Help Prevent Homelessness?:EnterY if thepurpose of theactivityistopreventhomelessness;otherwise enterN.
.Help those with HIV/AIDS?:EnterY if thepurpose of theactivityistohelppersons with HIV/AIDS;otherwise enter N.
.PrimarilyHelpPersons With Disabilities?:EnterY ifthepurpose of theactivityisprimarilyhelppersonswith disabilities;
otherwise enter N.
.Generate Program Income?:EnterY if thisactivityisexpectedtogenerate Program Income;otherwiseenterN.
.Section108:EnterX if this activity isfundedinwholeorinpartusingproceedsfromloansguaranteedunderSection108.
.Oneforone Replacement:EnterX if thisactivityisa One-For-One Replacement Activity
.Displacement:EnterX if this activity involveadisplacementactivity
.Float Funded:Enter X ifthis activity isaFloatFunded activity
.Special Assessment:EnterX ifthisactivityisa public improvement activity for whicha special assessment willbe levied.
.Revolving Fund:EnterX if thisactivityisfundedthrougharevolving fund.
.Favored Activity:EnterX ifthisactivityisan economic development activitythatis of important national interest and therefore
maybeexcludedfromthe aggregate publicbenefit calculation.
.FloatPrincipal Balance:Enterthe Float principal balance if thisisa float funded activity
.Indicate if theactivityislocatedinCDFIAreaorStrategyArea:Enter CorS depending uponwhetherthisactivityis located in
a Community Development Financial Institution (CDFI)ora Neighborhood Revitalization Strategy Area.
.Area Identifier:IfyouenteredCorSintheprevious field,entertheAreaIdentifier.
.Unliquidated Obligation:Enter the amount oforders placed.Contracts and grants awarded,goods and services received,and
similar transactions forwhichexpenditurehasnotbeen reported as of theend of the reporting period.
IRT 2.AREA BENEFIT INFORMATION
Percent of Low/Mod in service area:Enterthe percentage of low/modpersonsintheservice area.
Survey or Census Tract determination:Enter the method by which the percentage of low/mod in the service area was determines.
EnterS for Survey andCfor Census.
Census Tract:Enter the Census Tract for the LMA Service Area.
BlockGroups:Enterthe Block Groups associated with theCensusTract
IRT 3.DIRECT BENEFIT IN FORM ATIONfcomplete this part if the National Objective is LMC.LMHor LMJ)
Counts by Households or Persons?(H/P):Enter P for LMC or LM)activity and H for LMH activity.
TotalNumberBenefitingfromActivity:Enter the total number of persons benefiting from the activity.
Number of FemaleHeadedHouseholds:Enterthetotalnumber of female Headed Households.ThisfieldisnotapplicabletoLMCandLMJ
activities.
NumberofpersonsservedinEntitlementArea:Enter the total number persons served in Entitlement Area
Number of persons servedoutside of Entitlement Area:Enter the total number of persons served outside ofthe Entitlement Area.
Method ofverificationbytheAgency:Enter the method usedbytheAgencyin determining the number of persons served inside and outside of
the Entidement Area.
Presumed Benefit?(Y/N):Enter Y if thisactivityis designed to exclusively servea category of persons presumed by HUD tobe low/mod
income.Please notethat presumed benefit groups are limited to:abused children,battered spouses,elderly persons,disabled adults,illiterate
adults,persons living withAIDS,homeless and Migrant Farm Workers.This field isnot applicable toLMHand LMJ activities.
Nature/Location:EnterY if theactivityis considered low/modbecause ofthenatureof theactivityandtheplaceitisbeing carried out This
fieldisnotapplicabletoLMHandLMJactivities.
Nature/LocationNarrative:Entera description of howthe Nature/Location of theactivitybenefitsalimitedclientele,atleast51%ofwhomare
low/mod income.
Page 5 of 12
06 12:41PM
ATTACHMENT C
PART 4;SLUM/BLIGHT AREA INFORMATION (complete this part if the national objective is SBA)
I.Boundaries:Enteradescription of the boundaries ofslum/blight area (180 charactersmaximum)
t.%of deteriorated buildings:Enter the percentage of buildings mat were deteriorated when the areawas designated as slum/blight
I.Public Improvement/Condition:Entera brief descriptionidentifyingeachtype of improvementlocatedwithintheareaanditsconditionatthe
timetheareawasdesignated slum/blight(40 characters maximum).
I.Slum/Blight Designation Year:Entertheyeartheareawas designated as slum/blight.
PART 5:JOB CREATION/RETENTION INFORMATION (complete this part if the National Objective is LMJ
fable I:Direct or Deferred Payment Loan Information:IfCDBGassistanceforajobcreation/retentionactivityisprovidedintheform ofaloan,
enter the Interest Rate,Amortization Period and the Amount
CDBG Grant Amount:IfCDBGisbeingusedtoprovideassistanceinaformotherthanadirectordeferredloan,entertheamountprovidedfor
this activity.
fable2:Entertheinformationaboutjobsexpectedtocreate,expectedtoretain,actuallycreatedandactuallyretained.
PART 6;CDBG MULTI-UNIT ACTIVITY SET UP AND COMPLETION INFORMATION
fable1:Enterdetails offt ofunitsat start,#of unitsexpectedatcompletionand#ofunitsactuallycompleted
fable2:Enterthedetails ofcostsassociatedwiththeactivity.
PART 7:DISPLACEMENT INFORMATION
intertherequesteddisplacementinformationinthetable
PART 8:REPLACEMENT INFORMATION
Inter therelevantinformationinthetableregardingReplacementasaresultofthisactivity.
PART9:ACTIVITY STATUS/ACCOMPLISHMENTS INFORMATION(complete this part for all types of activities)
I.ActivityStatus:Circle 1,2 or3.Pleasenotethatanactivityis considered tobe completed onceit meets its national objective and all the funds are
drawn from IDIS.
i.ProposedAccomplishmentType:Enterl=People,4=HousehoIds,8=Businesses,9=Organizations,I0=Housing Units,H=Public Facilities,
13=Jobs.
I.Proposed #of accomplishment Unit/s:Entertheproposed#ofunitstobe accomplished.
I.Actualaccomplishmenttype:Entertheactual accomplishment type,
i.Actual #ofaccomplishmentunitsduringtheyear:Entertheactualunits accomplished.
i.Environmental Assessment Code:EnterA=Exempt,OCompleted,D=Underway
'.Create Program Income:Enter YesorNo.
Page6 of 12
/2/06 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
06 12:41 PM
Thisportion of thereportmustincludeonlyOCEDfundsand
expenditures coveredbyyour organization's contract withOCED.
This section of thereportcovers fiscal activities fromthe
beginning of the contract datethroughthecut-offdate covered by
the report.
For each category,list the amount of funds allocated in the most
recentapprovedOCEDbudgetforyour contracted activity.
Listtheproject expenditures through thecut-offdate of thereport
for each of the budget categories.
Listthe contract expenditures that OCED has reimbursed toyour
organization through the cut-off date of the report
List ALL the contract expenditures,whether or not they have been
reimbursed bytheCounty,OCED that your agency incurred
through the cut-off date of thereport.
List all the expenditures thatyour organization anticipates willbe
incurred inthe implementation of the contracted activities through
the end of next reporting period.
List all expenditures thatyour organization anticipates willbe
incurred inthe implementation of the contracted activities through
the end of the contracted period.
Page 7 of 12
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0/06 12:41 PM
SECTION III:MINORITY BUSINESS ENTERPRISE DATA
ATTACHMENT C
SPECIFIC INSTRUCTIONS
NAME OF CONTRACTOR/
SUBCONTRACTOR OR
VENDOR,ADDRESS,AND
TELEPHONE NUMBER:
VENDOR ID ft:
PRIME CONTRACTOR ID ft:
RACE/ETHNIC GROUP:
TYPE OF TRADE:
AMOUNT OF CONTRACT/
SUBCONTRACTOR
PURCHASE:
TOTAL:
AFRICAN AMERICAN CHART
NUMBER OF CONTRACTORS,
SUBCONTRACTORS,OR
VENDORS
TOTAL DOLLARS AWARDED:
PERCENTAGE OF TOTAL
ACTIVITY:
Enter this information only onceoneach report foreachfirm
receiving.funds through your organization's contract with
OCED.
Enter the Employer Number that LR.S.has assigned tothe
Vendor/Subcontractor.Each vendor must have unique
identifier.
Enter the Employer Number that LR-S.has assigned to the
Prime Contractor asa unique identifier.This information must
be provided for each 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 racial or ethnic group,then enter the code that seems
most appropriate.The codes are listed at the bottom of the
form.
Enter the numeric code that best describes the
contractor's/subcontractorWvendor'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
business with your organization during the reporting period.
This information must be reported for organizations with at
least 51%African American ownership or controL.
Enter the total dollars paid to African American firms during
the reporting period.
Enter the percentage of total dollars received by African
American firms from funds expended by your organization
during the reporting period.
Page 9 of 12
SECTION III:MINORITY BUSINESS ENTERPRISE DATA
ATTACHMENTC
PROJECT TITLE:
GPR ACTIVITY NUMBER:
REPORTING PERIOD:(Check One)OCTlD MAR 31 •DAPR1-SEP 30 •
CONTRACT/SUB-CONTRACT/VENDOR ACTIVITY
INSTRUCTIONS:Complete the chart using the categories mentioned in the columns below.When applicable,use the codes mentioned below.
-~••',••••-••••-.-'.:,hi-:}^•;-.v::!.:"•''.'.:',''••••'•'-;!'';,--',•
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 ANDTRAINING
3-OTHER
ForDadeCounty HUD andHousing Agency Programs ONLY
DC1-New Construction
DC2-Substantial Rehab.
DC3-Repairs
DC4-Service
CD5-ProjectManagement
DC6-Professional
DC7-Tenant Service
DC8-Education/Training
DC9-Arch/Eng/Appraisal/
Prev.Eds.Obsolete
DCO-Other
Page 10of12
-
TOTAL
AFRICAN AMERICANS
NUMBER OF
CONTRACTORS/
SUB-CONTRACTORS/
VENDORS
TOTAL
DOLLARS
AWARDED
PERCENTAGE
OF TOTAL
ACTIVITY
ATTACHMENT C
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.(Checkallthatapply.)
D 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.
•Participated ina HUD program or other program which promotes the training or employment of Section 3
Residents.
•Participated ina HUD program or other program which promotes the award ofcontracts to business concerns
which meet the definition of Section 3 business concerns.
•Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered
project is located.
D Other,describe below.
Pagcllofl2
2/06 12:41 PM
SECTION IV:U.S.HUD SECTION 3 REPORT
Economic Opportunities forLow&Very Low-Income Persons in Connection with Assisted Projects
AGENCY NAME:PROJECT NAME:
AGENCY ADDRESS:CONTRACT AMOUNT:$
ATTACHMENT C
REPORT REVIEWED/APPROVED BY:
PERIOD REPORTED:QTR 12 34
(CIRCLEONE)
TELEPHONE ft:
(SIGNATURE)
PARTONE-EMPLOYMENT &TRAINING -Tobecompletedforeach project andsubmitted quarterly toOCEDbyApril 15,
July 15,October 15 andJanuary 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:
PART TWO -SUBCONTRACTS AWARDED -forgoodsandservices associated withthis project
TYPE OF
CONTRACT
A
TotalS
Amount of
Contracts
Awarded
B
TotalS
Amount of
Contracts
Awarded to
Section 3
Businesses
C
%BTO
A
D
NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY
RACIAL/ETHNIC IDENTIFICATION
I
White
American
2
African
American
3
Native
American
4
Hispanic
American
5
Asian-
Pacific
American
6
Hasidic
Jew
CONSTRUCTION
NON-
CONSTRUCTION
3/2/Dfi 12:41 PM
Page12 of 12-ProgressReport
ATTACHMENT D
MIAMI-DADE
OFFICEOF COMMUNITY AND ECONOMIC DEVELOPMENT
INFORMATION FOR ENVIRONMENTALREVIEW FORM
Part I.
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)of Activity or Project:
6.Folio Number:
7.Commission District*
8.Name,address;phone and fax numbers of loan/grant recipient:
Revised 01/07/03
Page 2 of 5
9.Detailed description ofactivity or project:
10.Purpose of activity orproject:
11.Status of activityorproject:
Part II.
Willtheactivityorprojectresultinthe 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,householdsor business
Increase in population working orlivingon site
Landacquisition
Activity in 100-year floodplain
Anew nonresidential use generating atleast1,375,000
gallons ofwater or 687,500 gallons of sewage per day.
Userequiring operating permit (i.e.forhazardouswaste,
pretreatment of sewage,etc.)
A sanitary landfill or hazardous wastedisposalsite
Tree removal or relocation
Street improvements
The impounding ofmore than 10 acre feet of water (e.g.
digging alakeor diverting or deepening ofa body of
water).
Part DOE.
A.Site Information
Land use (please describe)
•Existing
Proposed
Page 3 of 5
B.If activity includes new construction^renovation or rehabilitation,photographs
must be provided of each side (front,rear and sides)of the structure(s)proposed
for assistance and the buildings on the abutting lots.The photographs shall be
identified by address.In addition,provide for each existing structure on the site,
the following information:
•Existing structure's)onsite:Yes•No
•Estimated age of structure^)
C.Other Sitei formation:
Flood insurance required?
Public water available on site?
Public sewer available on site?
Children under 7 years ofage residing on
site or relocating to site (including daycare
facility)?
Hazardous waste disposal facility?
Storage of hazardousmaterialsonsite?
Abandoned structure(s)on site?
Yes No
Page 4 of 5
D.If theproposed activity includesa new structure(s)or site improvements ona
site of one (1)acre or more,a site plan must be provided.Projects)will not
be-environmentally reviewed without a site plan.
E.If the proposed activity includesrehabilitationorrenovation of structures),
indicatetheestimatedcost •andthe amount
sought forfunding .
In addition,indicate if the estimated value ofthe improvement represents:
.0to39.9percent of themarketvalue of thestructure(s)
40to49.9percent ofthemarketvalue ofthe structure^)
.-50to74.9percent ofthe market value ofthestructure(s)
75percent or-more of the market value of thestructure(s)
F.If the proposed activity involves the transfer ofany property,new construction
or asecuring of aloanfornonresidentialparcel,provide a Phase I
Environmental Audit detenniningthelikelypresence of eitherareleaseor
threatened release of hazardous substance.An audit is a review of a site and
adjacent propertiesand involves preparinga history of ownership,landuse
and zoning forthelast50years;researching environmental recordsfor
information on hazardous waste sites,hazardous facilities,solid waste/landfill
facilitiesandundergroundstorage tanks (available throughtheDepartment of
Environmental Regulations and Management (DERM),Florida Department of
Environmental Protection (FDEP)andU.S.EnvironmentalProtection Agency
(EPA));andinspectingthesite for physicalevidence of contamination such as
damage vegetation or stains inthesoil.
HasaPhaseIbeenperformed:Yes No
If yes,acopy of thePhaseIEnvironmental Audit must besubmitted.
G.Environmental Health Information
•If aresidentialsite,andthe activity includesor involves rehabilitation,has
itbeeninspectedfor defective paintsurfaces?
Yes No
If yes,please submit theresults.
Page 5 of 5
Have any child under the age of seven at the site been tested for elevated
levels of leadin the body?
Yes No
If yes,please submit the results.
Part IV.
OtherRequiredSubmittalDocuments:
1.Submit street/plat maps thatdepictlocation of property in the County
and/or City with the location orlotclearly pointed out
2.For new construction projects:Submit a scope of service,an itemized
budget,anda sitQ plan.
3.For housing/building rehabilitationprojectsonly:Submit a scope of
service,an itemized budget describing the major components ofthe
rehabilitation program planned,anda photograph oftheproperty.
4.For historic proprieties,include:Submit photographs oftheproperty,
anda description of any adjacenthistoricpropertiesthat may be
affected by your activity.
PartV.
I certify to the accuracy of theaboveinformation.
Print Name Signature Title
Name of Organization or 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.
BY:
•.-
•:rwifi^tion for rWr^G«hfa,r^n»and Cooponriive Agreameafa
ihoundersignedc^es.tofe
1 No Fe<ieral appropriated ftmo^
"S£T J «cSSL of aItate-rf Congress fa connection ^**
3dldan,fcecntajnginto of W cooperate ""J?6^^***^^StoS.*««*—***ormodificationof anyFederal «*»**•-«*.
loanor cooperative agreement
2.»aw«»*«tetoF««H^^^vw^Tfer influencing or aflefapting to influence an officer or employee off^Ti'iSTSng^officor or employee,of-Congress,or aa
W*TS?SXSr?)pi to E^ort Lobbying,"in accordance «*•*
instructions.
*The undersigned shall require *tf lie language of this cerfifeation be included piSSSZte*^all to fading ™b^acts-fig?*S^SS.under grants,loans,and.cooperative apeemente)and ft*all
sobrecipicate shall certify and disclose accordtagly.
Tib c^fificrftoa is amataial roprcsenfafion of fcctupon^*"-«^S^j*[.Xi^^sacfion W»fe or entered into.«-*^^«g«Sto'Z™»fal"*^or entedngutfo nrifiImnsactton rn^sed*y section1Z5Z,tte
fTn^node A^Wsoayftofi^tofilefteieqih^a*?£6S^t $10,000 endnot rno*than $100,000 for each such
feiliire.
<m*x*AcAVn*'^fflmr^v —::-
DATEs ^l -——
2'
4'0"
i'lo"
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 Sorenson
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
Barbara J.Jordan
District I
Dorrin D.Rolle
District 2
Audrey Edmonson
District 3
Sally A.Hey man
District 4
Bruno A.Barreiro
District 5
Rebeca Sosa
District 6
Carlos A.Ginicncz
District 7
Harvey Ruvin
Clerk oftlie CircuitandCountyCourts
George M.Burgess
CountyManager
Murray Greenberg
CountyAttorney
ft
I
V
•1
COMMUNITYAND ECONOMIC DEVELOPMENT
Over25Years ofStrei
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 thesign(s)
securely braced and mounted.All
materials shall be provided by (he
Contractor and the sign(s)shall
remain in the property ofthe
Owner at the completion of the
contract.
Sign Support
The sign shall be free standing,
prominently displayed as directed
by OCED representative,and
supported bytwo 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(he
ground shall be V.