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Res. No. 078-00-10971w RESOLUTION NO.78-00-10971 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTS,AUTHORIZING THE EXECUTION OF CONTRACTS WITH MIAMI-DADE COUNTY FOR FISCAL YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDSFOR IMPROVEMENTS TO MARSHALL WILLIAMSON PARK,FOR THE MAXIMUM AMOUNT OF $50,000;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,theCity of SouthMiamiwas awarded aCommunityDevelopment BlockGrantfortheimprovementofMarshall Williamson Park;and WHEREAS,theMiami-DadeCountyOffice of CommunityandEconomic Development (OCED)administers the CDBG funds through annual contracts;and WHEREAS,theexecution of thecontractswillallowtheCity of SouthMiamito utilizeCDBGfundstoimproveanimportantmunicipalpark. NOW,THEREFORE,BEITRESOLVEDBYMAYORANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1.TheCity Manager is hereby authorized toexecutetheOCEDFY 2000CDBGContractwhich provides forthe improvement of Marshall Williamson Park. Section 2.This resolution shalltakeeffect immediately upon approval. PASSEDANDADOPTEDthis 11th day of April ,2000. ATTEST:APPROVE! MAYOR Commission Vote:4-0 READ AND APPROVED ASTO FORM:Mayor Robaina:Yea ViceMayor Feliu:Ysa Commissioner Bethel:Yua Out of room^^Z y /,Commissioner Russell:Out^^-(&?<£?*<//*ps Commissioner Wiscombe:Yea X!fTY ATTORNEY CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Honorable Mayor Date:April 7,2000 andCity Commission From:Charles D.Scurr /)/!\j\Subject:Agenda Item # City Manager f\jj fj \(Jf*Commission Meeting 04/11 /00 FY 2000 CDBG for Marshall Williamson Park 7 REQUEST A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO CONTRACTS, AUTHORIZING THE EXECUTION OF CONTRACTS WITH MIAMI- DADE COUNTY FOR FISCAL YEAR 2000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)FUNDS FOR IMPROVEMENTS TO MARSHALL WILLIAMSON PARK,FOR THE MAXIMUM AMOUNT OF $50,000;AND PROVIDING AN EFFECTIVE DATE. BACKGROUND AND ANALYSIS TheCity of SouthMiamihasbeenawarded$50,000for improvements to Marshall Williamson Parkaspart of theFiscalYear2000CommunityDevelopmentBlockGrantFundingCycle.This award,inconjunctionwithlast year's grant of $50,000,willallowtheCitytogreatlyenhance andaugmenttheparkanditsfacilities,providinggreatersafetyandaccessibility. TheParksandRecreationDepartmentplanstoreplacetheexistingtotlot;constructADA- compliantsurfacesandpathways;installnewtrapsand;repairexistingsidewalks;providenew benches,picnictables,garbagecansandsignage;andplantnewlandscaping. Authorization to execute thegrantcontractisrequiredtocontinue. RECOMMENDATION Yourapprovalis recommended. CDBG FY 2000 Municipality FY 2000 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF SOUTH MIAMI This contract is entered into between Miami-Dade County,hereinafter referred toasthe "County" andCityofSouth Miami,amunicipalgovernmentorganizedunderthelawsoftheStateof Florida hereinafter referred to as the "Contractor". The parties agree: I.Definitions OCED 24 CFR Part 570 -CDBG Low-and Moderate-Income Person Contract Records Federal Award Subrecipient Contractor Office of Community and Economic Development or its successor Department Federal regulations implementing Title I of the Housing and Community Development Act of 1974,as amended -Community Development Block Grant A 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 Contractor or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records,ledgers,drawings,maps,pamphlets, designs,electronic tapes,computer drives and diskettes or surveys. Any federal funds received by the Contractor from any source during the period of time in which the Contractor is performing the obligations set forth in this contract. A public agency,municipality or nonprofit organization selected by the County to administer all ora portion of the County's CDBG program. Recipient of CDBG funds from Miami-Dade County II.The Contractor Agrees: A.Type of Activity \ TheContractorshallcarryouttheactivities specified in Attachment A,"Scope of Services,"in the County or the focus area(s)ofMiami-Dade. B.Insurance Tocomplywith Miami-Dade County'sinsurancerequirementsas well asany relevant state of Florida insurance requirements. C.Indemnification The Contractor shall indemnify andhold harmless the County and its officers, employees,agents and instrumentalities fromanyandallliability,losses or damages,including attorneys'feesand costs of defense,which the County orits officers,employees,agents or instrumentalities may incur as a result of claims, demands,suits,causes of actions or proceedings of any kindor nature arising out of,relatingtoor resulting from the performance of this Agreement by the Contractor or its employees,agents,servants,partners,principals or subcontractors.The Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the County,where applicable,including appellate proceedings,and shall pay all costs,judgments,and attorney's fees which may issue thereon.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 Contractor shall not he held liable to paya personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000,or any claim or judgment or portions thereof,which,when totaled with all other claims or judgment paid by the Contractor arising out of the same incident or occurrence,exceed the sum of $200,000from any and all personal injury or property damage claims,liabilities,losses or causes of action which may arise as a result of the negligence of the Contractor. D.Documents The Contractor shall submit documents to OCEDas described below or any other document in whatever form,manner,or frequency as prescribed by OCED.These will be used for monitoring progress,performance,and compliance with this contract and for compliance with applicable County and Federal requirements. 1.Progress Reports a.The Contractor shall submit a status report using the form attached hereto as Attachment C,"Progress Report,"as it may be revised by OCED,which shall describe the progress made by the Contractor in achieving each of the objectives and action steps identified in Attachment A,"Scope of Services." The Contractor shall ensure that OCED receives each report in triplicate (oras indicated)no later than April10,2000,July 10,2000, October 10,2000 and January 10,2001. 2 of 25 f f ':?¥•• \ The Contractor shall submit to OCED a cumulative account of its activities underthis agreement by completing the following portions of the Progress Report Form: Section I -Status of Contracted Activities: The Contractor must report specific information regarding the status of the contracted activities,including accomplishments and/or delays encountered during the implementation of the project andan unduplicated count of clients served during the reporting period (if applicable)for each federally defined ethnic category.- Contractors engaged in construction and/or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low-moderate and low income-residents.The Contractor shall also report demographic information on each head of household.Each goal and corresponding objective(s),as indicated in the approved Scope of Services,must be addressed as part of this report. Section II-Fiscal Information: The Contractor must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period.In addition,the Contractor shall report on Program Income Usage for each contracted activity. Section III -Minority Business Enterprise: Minority Business Enterprise Report (First and Third Quarter Progress Report)-The Contractor shall report to OCED the number of business activities involving minority vendors,including subcontractors performing work under this Agreement.The "Minority Business Enterprise Report"Section in Attachment C,and when applicable Section 3in the same Attachment shall be completed semiannually by the Contractor and submitted to OCED no later than April 10,2000 and October 10,2000. Section IV-Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report)-The Contractor 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 Contractor and submitted to OCED no later than April 10, 2000 and October 10,2000. The Contractor shall submit to the County,ina timely manner,any other information deemed necessary by the County,and its presentation shall comply with the format specified at the time of the request.Failureto submit the Progress Reports or other information ina manner satisfactory to the County by the due date 3 of 25 ,&fv shall render the Contractor in noncompliance with this Article.The County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. b.Unspecified Site(s)Objective -If the Contractor has not yet identified a location to carry out any of the activities described in Attachment A,the Contractor shall submit,in triplicate,Progress Reports,using the form attached hereto as part of Attachment C,on a monthly basis until such time as the Contractor complies with the provisions contained within Section II,Paragraph D.4.of this contract.Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th)business day of each month and shall address the progress undertaken by the Contractor during the previous month.This Progress Report shall not be required if the Contractor 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 Contractor 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 Contractor in achieving each of the objectives identified in Attachment A during the previous year.The "Annual Report"must cover the CDBGfiscal year of January 1,2000 through December 31,2000 andshallbe received by OCED no later than January 10,2001. 3.Environmental Review -The Contractor immediately upon locating or determininga site foreach of the "Unspecified Site"activitiestobecarried out pursuant to this contract,shall submit information detailing the location of each site for which a Site Environmental Clearance Statement,will be preparedas described in Section II,Paragraph E.4.of this contract set forth below.The Environmental Review is to be prepared on information contained in Attachment E,"Information for Environmental Review."The Contractor shall obtain a written Environmental Approval Letter from OCED prior to expending CDBG funds.Failure to comply with this requirement shall result in the revocation of this agreement. 4.Audit Report -The Contractor shall submit to OCED an annual audit report intriplicateasrequiredby Section II,Paragraph I of this contract as set forth below. 5.Inventory Report -The Contractor shall report annually all nonexpendable personaland real property purchased with CDBG funds from thisand previous agreements with the County asspecifiedin Section II,Paragraph Q of this contract. 6.Affirmative Action Plan-The Contractor shall report toOCED information relative tothe equality of employment opportunities whenever so requested by OCED. E.Participation in the CDBG Program 4 of 25 \ 1.The Contractor shall maintain current documentation that its activities meet one of the three (3)CDBG national objectives: a.To benefit low-and moderate-income persons; b.Toaidin the prevention or elimination of slums or blight; c.To meet community development needs having a particular urgency. 2.For activities designed to meet the national objective of benefit to low-and moderate-income persons,the Contractor shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds isan activity which provides benefit to no less than 51%of low-and moderate-income persons. 3.The Contractor shall comply with all applicable provisions of 24 CFRPart 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 4.For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified,the Contractor shall obtain, immediately after a site is identified by the Contractor,OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5.The Contractor shall make a good faith effort to address the concerns of the residents of the affected area.The Contractor shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees,of the activities of the Contractor in adhering to the provisions of this contract.Representatives of the Contractor shall attend meetings of the appropriate committees and citizen participation structures,upon the request of the citizen participation officers,OCED,or the County. 7.For activities involving acquisition,rehabilitation and/or demolition of property and which require the relocation of families,individuals, businesses and/or industries,the Contractor shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating,and/or dispersing any and all legal occupants who reside at this property on the basis of alongor short term lease.When the legality of an occupant (individual,family,business,and/or industry)isin question, the Contractor shall contact the above mentioned unit prior to making a determination. Contractors receivingCDBG funds shall adhere to24CFRpart50and/or part58 and to the rulesand regulations of the UniformRelocation Assistance and Real Property Acquisition Act of 1970,as amended. 8.TheContractorshalladoptAffirmative Marketing Proceduresand requirements for CDBG assisted projects.These procedures must consist of actions toprovideinformationandattracteligible persons from all racial, ethnic andgendergroupstotheavailable services.TheContractorshall annually assess itsaffirmativemarketingprogramto determine ifthe 5 of 25 \' procedures used to comply with the requirements specified in Public Law 88-352 and Public Law 90-284 successfully meet these requirements.The Contractor shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. F.Federal,State,and County Laws and Regulations 1.The Contractor shall comply with applicable provisions of applicable federal,state,and County laws,regulations,and rules including 24CFR Part 85,OMB A-128,OMB A-87,and with the applicable procedures specified in OCED's Contract Compliance Manual,which are incorporated • herein by reference,receipt of which is hereby acknowledged,and as they may be revised. 2.The Contractor shall comply with Section 504 of the Rehabilitation Act of 1973,as amended,which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964,as amended,which prohibits discrimination on the basis of race,color,or national origin;the Age Discrimination Act of 1975,as amended,which prohibits discrimination on the basis of age;Title VIII of the Civil Rights Act of 1968,as amended,and Executive Order 11063 which prohibits discrimination in housing on the basis of race,color,religion,sex,or national origin;Executive Order 11246, as amended which requires equal employment opportunity;and with the Energy Policy and Conservation Act (Pub.L 94-163)which requires mandatory standards and policies relating to energy efficiency. 3.If the amount payable to the Contractor pursuant to the terms of this contract is in excess of $100,000,the Contractor shall comply with all applicable standards,orders,or regulations,issued pursuant to Section 306 of the CleanAir Act of1970(42U.S.C.1857h),as amended;the Federal Water Pollution Control Act (33 U.S.C.1251),as amended;Section 508 of the Clean Water Act (33U.S.C.1368);Environmental Protection Agency regulations (40CFRPart 15);and Executive Order 11738. 4.Assurance of Compliance with Section 504 of the Rehabilitation Act -The Contractor shall report its compliance with Section 504of the Rehabilitation Act whenever so requested by OCED. 5.Americans with Disabilities Act (ADA)of 1990 -The Contractor shall attest to;and submit the requiredDisability Non-discrimination Affidavit assuring compliance withall applicable requirements of the lawslisted below including but not limitedto,those provisions pertainingto employment, provisions andprogram services,transportation,communications,access to facilities,renovations,and new construction. 6.Compliance with Miami-Dade County Ordinance 98-30 County Contractors Employment and Procurement Practices -All firms with annual gross revenues in excess of $5million,seeking to contract with Miami-Dade Countyshall,asaconditionof award,haveawrittenAffirmativeAction Plan and Procurement Policy on file with theCounty's Department of Business Development.Said firms must alsosubmit,asa part oftheir proposals/bids tobe filed with the Clerk ofthe Board,an appropriately completed and signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards ofDirectorsare representative of the population 6 of 25 \ make-up of the nation are exempt from this requirement and must submit, in writing,a detailed listing of their Boards of Directors,showing the race or ethnicity of each board member,to the County's Department of Business Development.Firms claiming exemption must submit,as a part of their proposals/bids to befiled with the Clerk of the Board,an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98-30.These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women-owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance.Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid/proposal. Any bidder/respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. If any attesting firm,or any owner,subsidiary,or other firm affiliated with or related to the attesting firm,is found by the responsible enforcement agency,the Courts or the County to be in violation of the Acts,the County will conduct no further business with such attesting firm.Any contract entered into based upon a false affidavit,as listed below,and submitted pursuant to this resolution shall be voidable by the County: a.Miami-Dade Employment Family Leave Plan Affidavit b.Miami-Dade County Cuba Affidavit c.Miami-Dade Employment Drug-Free Workplace Affidavit d.Disability Nondiscrimination Affidavit e.Affirmative Action Plan Exemption Affidavit f.Affirmative Action Plan/Procurement Policy Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County,such contract shall be voidable by the County,even if the attesting firm was not in violation at the time it submitted its affidavit The applicable Acts are as follows: 1.The Americans with Disabilities Act of 1990 (ADA),Pub.L.101-336,104 Stat 327,42 U.S.C.12101-12213 and 47 U.S.C.Sections 225 and 611 including Title I,Employment;Title II,Public Services;Title III,Public Accommodations and Services Operated by Private Entities;Title IV, Telecommunications;and Title V,Miscellaneous Provisions. 2.The Rehabilitation Act of 1973,29 U.S.C.Section 794; 3.The Federal Transit Act,as amended 49 U.S.C.Section 1612; 4.The Fair Housing Act as amended,42U.S.C.Section 3601-3631. G.Conflicts with Applicable Laws Ifany provision of this contract conflicts with any applicable lawor regulation,only the conflicting provision shallbe deemed by theparties hereto to be modified to be 7 of 25 \ consistent with the lawor regulation orto 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 Contractor engages in,procures,or makes loans for construction work,the Contractor 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 Contractor's procurement and pre-award requirements and procedures which,at a minimum,shall adhere to all applicable federal standards. 3.Comply with the Davis-Bacon Act;Copeland Anti-Kick Back Act;Contract Work Hours and Safety Standards Act;and Lead-Based Paint Poisoning Prevention Act;and other related acts,as applicable. 4.Submit to OCEDfor written prior approval all proposed Solicitation Notices, Invitations for Bids,and Requests for Proposals prior to publication. i *V*f'-. 5.Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 6.Contact the OCED representative noted in Section IV,Paragraph Kpriorto scheduling a pre-construction conference. In accordance with industry standards,OCEDwill hold 10%of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. I.Audits and Records 1.The Contractor expending $300,000or more annually infederal awards shall have a single or program specific audit conducted in accordance with OMB A-133.The Contractor 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 OMBA-133.Contractors who willbe receiving,or who have received,federal awards for loans orloan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of thefederal agencies providing those guarantees or loans. 2.TheContractorexpending less than $300,000 annually in federalawards shallbe exempt fromanaudit conducted inaccordancewithOMBA-133, although theirrecords must beavailableforreview(e.g.,inspections, evaluations).These Contractors are required by OCED to submit "reduced scope"audits (e.g.,financial audits,performance audits).They may choose insteadofareduced scope audittohavea program audit conducted for each federalawardin accordance with federal laws and regulations governing the programs inwhichthey participate.Records 8 of 25 \ must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3.When the requirements of OMB A-133 apply,or when the Contractor elects to comply with OMB A-133,an audit shall be conducted for each fiscalyear forwhichfederalawardsattributableto this contract have been received by the Contractor.Each audit shall include a fiscal review,which includes a validation of allprogram generated income andits disposition,especially attributable toCDBG funds,aninternal control review,and a compliance review as described inOMB 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 Contractor's fiscal year, 4.The Contractor shall maintain all Contract Records in accordance with generally accepted accounting principles,procedures,and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5.The Contractor shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services"outlined in Attachment A in this contract. 6.The Contractor 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 Contractor 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. J.Retention of Records 1.The Contractor shall retain all Contract Records for a period of at least three (3)years (hereinafter referred to as "Retention Period")subject to the limitations set forth below: a.For all non-CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract. b.ForCDBG assisted public service activities the Retention Period shall begin upon the date of U.S.HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed.For each public service activity the Contractor must retainall contract records except those relating to real and nonexpendable personal property. c.For all other CDBG assisted activities the Retention Period shall begin upon U.S.HUD's acceptance of OCED's annual Grantee 9 of 25 Performance Report in which each assisted activity is reported on for the final time.Forall the CDBG assisted activities covered by this Section II,Paragraph J.I.e.,the Contractor must retain all contract records except those relating to real and nonexpendable personal property. d.For all CDBG assisted activities,the Retention Period for all contract records relating to real and nonexpendable personal property shallbegin upon the date of the final disposition of the property. 2.If the County or the Contractor have received or given notice of anykind indicating any threatened or pending litigation,claimor audit arising out of the services provided pursuant to the terms of this contract,the Retention Period shall be extended until such time as the threatened or pending litigation,claim orauditis,in the sole and absolute discretion of OCED, fully,completely and finally resolved. 3.The Contractor shall allow the County,federal personnel,or any person authorized by the Countyfull access toand the rightto examine any of the contract records during the required Retention Period. 4.The Contractor shallnotify OCED inwriting,both during the pendency of this contract and afterits expirations part of the final close-out procedure, of the address where all contract records will be retained. > 5.The Contractor shall obtain written approval of OCED prior to disposing of any contract records withinoneyearafterexpiration of the Retention Period. K.Provision of Records 1.TheContractorshallprovideto OCED,uponrequest,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 forthe purpose of this contract These unlimited rightsshall include the rightsto royalty-fees;nonexclusive,andirrevocablelicensetoreproduce,publish, or otherwise use,andto authorize others to use,the information forpublic purposes. 2.If the Contractor receives funds from,oris regulated by other governmental agencies,and those agencies issue monitoringreports,regulatory examinations,or other similar reports,the Contractor shall provide a copy ofeach report andany follow-up communications and reports to OCED immediately upon such issuance unless such disclosure isa violation of the regulatory agencies issuing the reports. L.Prior Approval The Contractor shall obtain prior written approval from OCED prior to undertaking any of the following: 1.The engagement or execution of any subcontracts or contract assignments,wherein CDBG funds will be used to pay for goodsor 10 of 25 services.The contractor must submit all proposed agreement documents to OCEDat least thirty (30)days priorto the start date of the agreement. 2.Theadditionofanypositionsnotspecificallylistedintheapprovedbudget. 3.The modification or addition of alljob descriptions. 4.The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5.The disposition ofallreal,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 Contractor shall permit OCED and other persons duly authorized by OCEDto inspect all contract records,facilities,equipment,materials,and services of the Contractor which arein any way connected to the activities undertaken pursuant to the terms of this contract,and/or to interview any clients employees, subcontractors,or assignees of the Contractor.Following such inspection or interviews,OCEDwill deliver to the Contractor a report of its findings,and the Contractor will rectify all deficiencies cited byOCED within the specified period of time set forthin the report,or provide OCED with a reasonable justification for not correcting the deficiencies.OCED will determine,in its sole and absolute discretion whether or not the Contractor's justification is acceptable orif the Contractor must,despite the justification,rectify the deficiencies cited by OCEDin its report. N.Conflict of Interest 1.Procurement:The Contractor shall comply with the standards contained within 24 CFR Part 85.36. 2.All Other Cases:The Contractor shall comply with the standards contained within 24 CFR Part570.611(2). 3.The Contractor shall disclose any possible conflicts of interest or apparent improprieties of anyparty that are covered by the above standards.The Contractor shall make such disclosure in writing to OCED immediately upon the Contractor's discovery of such possible conflict.OCEDwill then render an opinion which shall be binding on all parties. O.Publicity,Advertisements and Signage 11 of 25 \ \ 1.The Contractor shall ensure that all publicity,public relations and advertisements and signs,recognize the Miami-Dade OfficeofCommunity and Economic Development (OCED)and Community Development Block Grant (CDBG)forthe support ofall contracted activities.This isto include, but is not limited to,all posted signs,pamphlets,wall plaques, cornerstones,dedications,notices,flyers,brochures,news releases,media packages,promotions,and stationery.All signs used to publicize OCED contracted activities must be approved by OCEDprior to being posted and must also meet the standard specifications as established byOCED.The use of the official Miami-Dade OCED logo is permissible 2.The Contractor shall furnish,erect and maintain construction signs in accordance with sketch included in these contract documents.The signs shall be made of V*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 asto layout,symmetry,proportion,clarityand neatness and use of weather-resistant colors and materials.The Contractor shall place the signs,securely bracedand mounted,as shown on the typical project sign placement diagramoras directed by the engineer.All materials shall be provided by the Contractorand the signs shallremainin the property of the Owner at the completion of the contract.NOWORKSHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE.THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.For this project signs willbe required.Payment for furnishing,installing and maintaining the sign shall be under the bid amount for mobilization. P.Procurement The Contractor must take affirmative steps to procure supplies,equipment, construction,or services to fulfill this contract from minority and women's businesses,and to provide these sources the maximum feasible opportunity to compete for subcontracts tobe 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 by OCED inthe CDBG application approved bythe supervising federal agency.The Contractor shall assure that all subcontracts orthirdparty agreements contain provisions with stated goals,that low-income residents from Community Development focus and service areasbeprovidedwith opportunities for employment andtrainingin contracted activities. In conformance with Section 3of the Housingand Community Development Act of 1968,the Contractor must direct federalfinancial assistance toward Target Area residents and ensure that employment and economic opportunities be given to low and very low-income persons,particularly those who are recipients of government assistance for housing accordingtothe guidelines mentioned below: 1.In conformance with Section 3 of the Housing and Community Development Act of 1968,the Contractor must direct federal financing assistance towards TargetArearesidentsand ensure that employment and economic opportunities begiventolowandverylow-incomepersons,particulariy those who are recipients of government assistance for housing accordingto the guidelines mentioned below: A.Theworktobe performed underthiscontractissubjecttotherequirementsof section3oftheHousingand Urban DevelopmentActof 1968,asamended,12 12 of 25 .'.«*'. \ 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. B.The parties to this contract agree to comply with HUD's regulations in24CFR part 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 part135 regulations. C.The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding,if any,a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause,and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.The notice shall describe the section 3 preference,shall set forth minimum number and job titles subject to hire,availability of apprenticeship and training positions,the qualifications for each;and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. D.The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in24 CFR part 135,and agrees to take appropriate action,as provided in an applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor isin violation of the regulations in24CFR part 135.The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in24 CFR part 135. E.The contractor will certify that any vacant employment positions,including training positions,that are filled (1)after the contractor is selected but before the contract is executed,and (2)with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F.Noncompliance with HUD's regulations in24 CFR part 135 may result in sanctions,termination of this contract for default,and debarment or suspension from future HUD assisted contracts. G.With respect to work performed in connection with section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act (25U.S.C.450e)also applies to the work to be performed under this contract.Section 7(b)requires that to the greatest extent feasible (i)preference and opportunities fortrainingand employment shall be given to Indians,and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.Parties to this contract that are subject to the provisions of section 3and section 7(b)agree to comply with section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). Q.Property 13 of 25 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 ofa 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,facilityor another piece of equipment. d.Expendable Personal Property:All tangible personal property other than nonexpendable property. 2.The Contractor shall comply with the real property requirements as stated below: a.Any real property under the Contractor's control that was acquired or improved in whole orinpart with CDBG funds received from OCED in excess of $25,000 shall be either: 1)Used to meet one of the three (3)CDBG national objectives required by and defined in24CFRPart 570.208 for five (5) years following the expiration or termination of this contract,or for such longer period of time as determined by OCED in its sole and absolute discretion;or 2)Not used to meet one of the three (3)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 contractor such longer period as determined by OCED-then the/Contract orshall pay to OCEDan amount equal to the market value of the property as may be determined byOCEDin 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 realproperty under the Contractor's control that was acquired or improved in whole orinpart with CDBG funds fromOCEDfor $25,000 or less shall be disposed of,at the expiration or termination of this contract,in accordance with instructions from OCED. c.Allreal property purchased in whole orinpart with funds fromthis and previous contracts with OCED,or transferred to the Contractor 14 of 25 \ after being purchased in whole orinpart with funds from OCED, shall be listed in the property records of the Contractor and shall include a legal description;size;date of acquisition;value at time of acquisition;present market value;present condition;address or location;owner's name if different from the Contractor;information on the transfer or disposition of the property;and map indicating whether property isin parcels,lots,or blocks and showing adjacent streets and roads.The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met.If the property was improved,the records shall describe the programmatic - purpose for which the improvements were made and identify the CDBG national objective that will be met. d.Allreal property shall be inventoried annually by the Contractor and an inventory report shallbe submitted toOCED when and as requested byOCED.Thisreportshall include the elements listed in Paragraph Q.2.C.,above. 3.The Contractor shall comply with the nonexpendable personal property requirements as stated below. a.All nonexpendable personal property purchased in whole orinpart with funds from this and previous contracts with OCED shall be listed in the property records of the Contractor and shall include a description of the property;location;model number;manufacturer's serial number;date of acquisition;funding source;unit cost at the time of acquisition;present market value;property inventory number;information on its condition;and information on transfer, replacement,or disposition of the property. b.All nonexpendable personal property purchased in whole orinpart with funds from this and previous contracts with OCED shall be inventoried annuallybytheContractorandan inventory reportshall be submitted to OCED when and as requested by OCED.The inventory reportshallincludethe elements listed in Paragraph Q.3.a.,above. c.Title(ownership)toall nonexpendable personalpropertypurchased in whole orinpartwith funds given to the Contractor pursuant to the terms of this contract shall vest in the County and OCED. 4.The Contractor shallobtaintheprior written approval fromOCEDforthe dispositionof real property,expendablepersonal property,and nonexpendable personal property purchased inwholeorin part withfunds giventothe Contractor or subcontractor pursuanttothetermsofthis contract.The Contractor shall dispose of all such property in accordance with instructions fromOCED.Those instructions may require the return of all such property to OCED. R.Program Income 1.Program income as defined in24CFRPart570.500 means gross income receivedbythe Contractor directly generated from activities supported by CDBG funds.When program income is generated by an activity thatisonly 15 of 25 \..**J\,• partially assisted withCDBG funds,the income shallbe prorated toreflect the percentage of CDBG funds used. 2.If the Contractor generates program income,the Contractor may retainthe programand use itfor costs thatareinadditionto the approved costs of thiscontract,provided thatsuch costs specifically further theobjectivesof this contract.These additional costs need not be of a kind that would be permissibleaschargestothis contract.However,theContractor shall not, underanycircumstances,use program incometo pay forchargesor expenses thatare specifically not allowed pursuantto the termsofthis contractand applicable federal regulations orrulesoranyCountyrulesor. ordinance. a.The Contractorshall comply withtheprogram income provisions in OCED's Contract Compliance Manual.If any program income provisionsofthe Contract Compliance Manual conflict with any program income provisions ofthis contract,theprovisionsof this contract shall rule. b.TheContractorshallreportto OCED allcumulativeprogramincome generated from activities financed inwholeorinpartbyfunds from this contract.This information must be submitted quarterly as part of the Fiscal Section of the Contractor's Progress Report as outlined in Section II,Paragraph D.1.a. c.The Contractorshall report program income foraslongasit receives and/orhas control over program income generated from this andany previous contracts with OCED. d.The Contractor shallprovideto OCED awrittenexplanation of the activities tobe assisted withprogram income andshallobtain OCED's written approval prior toimplementing those activities.All provisionsofthiscontractshall apply toany activity performed using program income. e.Subject tothe limitations set forth inthis paragraph,the Contractor mayuse program incometofundany CDBG eligibleactivityas provided forand defined by 24CFRPart570 et seq. f.Program income from a revolving loan activity mustbeused only for the same revolving loan activity. g.Program income from a revolving loanactivity,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 thesame revolving loan activity before the Contractor mayrequest additional CDBG funds for that activity. h.All program income from nonrevolving loanactivitiesshallbe substantially disbursed to carry out other OCED approved CDBG eligible activities,andtocover operational costs before requesting additional CDBG funds. 16 of 25 i.Any proceeds from the sale of property as detailed in Section II, Paragraph Q.4.,above,shall be considered program income. j.The Contractor shall obtain,aspart of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3.Upon expiration or termination of this contract or at the end of any program year,the Contractor shall transfer to the County any program income funds on hand,and any program income accounts receivable attributable to any CDBG funded activities.OCED may require remittance of allorpart of any ~ program income balances (including investments thereof)held by the Contractor (except those needed for immediate cash needs,cash balances of a revolving loan fund,cash balances from a lump sum drawdown,or cash or investments held for Section 108 Security needs). 4.OCED,in its sole and absolute discretion,reserves the right to pursue other courses of action in the retention and use of program income generated by the Contractor,and such action shall not require an amendment to this contract. S.Travel The Contractor shall comply with the County's travel policies.Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance .Manual. T.Subcontracts and Assignments 1.The Contractor shall ensure that all subcontracts and assignments: a.Comply with all requirements and regulations specified in OCED's Contract Compliance Manual; b.Identify the full,correct,and legal name of the party; c.Describe the activities to be performed; d.Present a complete and accurate breakdown of its price component; e.Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. Thisappliesonlyto subcontracts and assignments in which parties are engaged tocarryoutanyeligible substantive programmatic service,as may be defined byOCED,set forthin this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject totheaudit and record-keeping requirements described above,and; f.Incorporate the languageof Attachment E,"CertificationRegarding Lobbying." 17 of 25 \ 2.The Contractor shall incorporate inall consultant subcontracts this additional provision: The Contractor is not responsible forany insurance or other fringe benefits,e.g.,social security,income tax withholdings,retirement or leave benefits,for the Consultant or employees of the Consultant normally available to direct employees of the Contractor.The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3.The Contractor shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4.The Contractor shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined byOCEDas described in this contract.OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5.The Contractor shall receive written approval from OCEDprior to either assigning or transferring any obligations or responsibility set forth in this contract or the right to receive benefits or payments resulting from this **>contract. 6.Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon this contract. U.Additional Funding The Contractor shall notify OCED of any additional funding received forany activity described in this contract Such notification shall be in writing and received by.OCED within thirty (30)days of the Contractor's notification by the funding source. V.Method of Payment The Contractor shall be paid as described below: 1.The Contractor shall be paid for those expenses allowed pursuant to the provisions provided below only when the Contractor submits to OCED adequate proof,as determined by OCEDin its sole discretion,that the Contractor has incurred the expenditures.It shall be presumed that the Contractor has provided adequate proof of having incurred expenses if the Contractor submits to OCED canceled checks or original invoices approved by the Contractor's authorized representative.When original documents cannot be presented,the Contractor must adequately justify their absence in writing and furnish copies of those documents to OCED.The Contractor must adequately justify their absence in writing and furnish copies of those documents to OCED.The Contractor shall be paid only for those expenditures contained within Attachment B,"Budget,"to this contract as it may be revised with the prior written approval by OCED. 18 of 25 >*' \ 2.Requests for payment shall be assembled by calendar month and submitted toOCEDno less frequently than monthly.Failureto comply may result in rejection of invoices. 3.In no event shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder nor shall the Contractor advance CDBG funds to any party. 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 Contractor is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5.No payments will be made without evidence of appropriate insurance required by this contract.Such evidence must be on file with OCEDand the County's Risk Management Division.OCED must receive the final request for payment from the Contractor no more than sixty (60)calendar days after the expiration or termination of this contract.If the Contractor fails to comply with this requirement,the Contractor will forfeit all rights to payments if OCED,in its sole discretion,so chooses. 6.Within thirty (30)calendar days after this contract expires or is terminated, the Contractor shall provide to OCEDa list of all invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED.Any invoice received by OCED,subsequent to receipt of this list by OCED which reflects a cost not included on this list will not be paid. OCED must receive the final request for payment from the Contractor no more than sixty (60)calendar days after the expiration or termination of this contract.If the Contractor fails to comply with this requirement,the Contractor will forfeit all rights to payments ifOCEDin its sole discretion so chooses. 7.All monies paid to the Contractor which have not been used to retire outstanding obligations of this contract must be refunded to OCEDin accordance with OCED's Contract Compliance Manual. 8.Any unexpended funds remaining after the completion of the services under this contract,or after termination of this contract for any reason, shall be recaptured in full by the County. W.Reversion of Assets The Contractor shall returnto OCED,upon the expiration or termination of this contract,all assets owned or heldasa result of this contract,including,but not limitedtoanyfundsonhand,any accounts receivable attributable to these funds, mortgages,notes,and other collateral,andany overpayments dueto unearned or costs disallowed pursuant tothetermsofthis contract thatwere disbursed to the Contractor by the County.TheContractorshall,withinthirtydaysof expiration or terminationof this contract,execute anyandall documents asrequiredbythe Countyto effectuate the reversion of assets.Anyfundsnot earned,asdescribed and provided forinOMBA-87,by the Contractor priorto the expiration or termination of this contract shall be retained by OCED. III.The County Agrees: 19 of 25 Subject to the availability of funds,to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $50,000. IV.The Contractor and OCED Agree: A.Effective Date 1.This contract shall begin on January 1,2000.Any costs incurred by the Contractor prior to this date will not be reimbursed by the County. 2.This contract shall expire on December 31,2000.Any costs incurred by the Contractor beyond this date will not be paid by the County. 3.This contract may,at the sole and absolute discretion of the County and OCED,remain in effect during any period that the Contractor has control over contract funds,including program income.However,the County shall have no obligation or responsibility to make any payment,except those described within Section II,Paragraph V,or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. B.Suspension 1.OCED may,for reasonable causes,temporarily suspend the Contractor's operations and authority to obligate funds under this contract or withhold payments to the Contractor pending necessary corrective action by the Contractor or both.Reasonable cause shall be determined by OCED in its sole and absolute discretion,and may include: a.Ineffective or improper use of these contract funds by the Contractor or any of its subcontractors; b.Failure by the Contractor to comply with any term or provision of this contract; c.Failure by the Contractor to submit any documents required by this contract;or d.The Contractor's submittal of incorrect or incomplete reports or other required documents. 2.In the event of a default by the Contractor,OCED may at any time suspend the Contractor's authority to obligate funds,withhold payments or both. These actions may apply to only part orall of the activities funded by this contract. 3.OCED will notify the Contractor of the type of action to be taken in writing by certified mail,return receipt requested,or in person with proof,of delivery.The notification will include the reason(s)for such action,the conditions of the action,and the necessary corrective action(s).OCED will give the Contractor reasonable opportunity to rectify any action or inaction referenced above. C.Termination 1.Termination at Will 20 of 25 />•!?.- 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,orin 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. 3.Termination Because of Lack of Funds In the event of a funding short-fall,ora 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 Contractor.Said notice shall be delivered by certified mail,return receipt requested,orin person with proof of delivery.OCED shall be the final authority in determining whether or not funds are available.OCED may at its discretion terminate,renegotiate and/or adjust the contract award,whichever isin the best interest of the County. .4.Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Contractor through Board of County Commissioners action,the Contractor may,at its discretion,request in writing from the Director of OCEDa release from its contractual obligations to the County.The Director of OCED will review the effect of the request on the community and the County prior to making afinal determination. 5.Termination for Breach OCED may terminate this contract,in whole orinpart,when OCED determines,in its sole and absolute discretion,that the Contractor is not making sufficient progress thereby endangering the ultimate contract performance,oris not materially complying withany term or provision of this contract. Unless the Contractor's breach is waived by OCEDin writing,OCED may, by written notice totheContractor,terminate this contract upon no less than twenty-four (24)hoursnotice.Saidnoticeshallbedeliveredby certified mail,return receipt requested,orin person with proof of delivery. Waiver of breachofany provision of this contract shallnot be deemed to be a waiver of any other breach and shall not be construed to bea modification of the terms of this contract.The provisions herein do not limit OCED's right to legal or equitable remedies. 6.Penalties forFraud,Misrepresentation or Material Misstatement In accordance with the Code of Miami-Dade County,Section 2-8.4.1,any individual or corporationor other entity that attempts to meet its 21 of 25 contractual obligations with the County through fraud,misrepresentation or material misstatement,shall be terminated,whenever practicable,as determined by the County. The County may terminate orcancelany 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. Theforegoing notwithstanding,anyindividualor entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation ormaterial misstatement maybedisbarredfromCounty contracting for up to five (5)years. 7.Payment Settlement If termination occurs,the Contractor will be paidfor allowable costs incurredincarrying out activitiesrequiredby this contract uptothedate and time of termination. D.Renegotiation or Modification Modificationsof provisions of thiscontractshallbevalidonlywheninwritingand signed byduly authorized representatives ofeachparty.Thepartiesagreeto renegotiate this contract if OCED,initssoleand absolute discretion determines that federal,state,and/or County revisions ofany applicable lawsor regulations,or increases or decreases in budget allocations make changes in this contract necessary.OCED shallbethe final authority indeterminingwhetherornotfunds for this contract are available due to Federal,state and/or County revisions of any applicable lawsor regulations,or increases or decreases in budget allocations. E.Right to Waive OCED may,forgoodand sufficient cause,as determined by OCED inits sole and absolute discretion,waive provisions in this contract or seek toobtain such waiver from the appropriate authority.Waiver requests from the Contractor shall be in writing.Any waiver shall not be construed to be a modification of this contract. OCED'sfailureto exercise anyofitsrightsunder this contract orOCED's waiver of a provision onany one occasion shall not constitute a waiver of such rights or provision onanyother occasion.No failure ordelayby OCED in the exercise of any right shall operate as a waiver. F.Budget Revisions and Changes to the CDBGEligibility Activity Title 1.Revisions tothe Budget (AttachmentB)shallbe requested inwritingand must comply withOCED'sContract Compliance Manual.These revisions shall not requirea contract amendment unless the amount of this contract is changed or unless otherwise requiredbyOCED.All budget revisions shall require the written approval of OCED. 2.Budget Revisions Through County Resolution Should aportionof the fundingallocationto the Contractorbe rescinded by action from the Board of County Commissioners,written notification via 22 of 25 certified mail to the Contractor advising of the funding reduction shall be sent by OCED no later than 5 working days of the action;written notification will constitute a contract amendment.The Contractor will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments.Should the modified budget not be received within the specified time,OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A).Revisions to the Scope of Service,when required,will be- negotiated to the mutual satisfaction of both parties. 3.Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G.Disputes In the event an unresolved dispute exists between the Contractor and OCED,OCED 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,or an authorized representative,will issue a determination within thirty (30)calendar days of receipt and so advise OCED and the Contractor orin the event additional time is necessary,OCEDwill notify the Contractor within the thirty ,(30)day period that additional time is necessary.The Contractor agrees that the County Manager's determination shall be final and binding on all parties. H.Headings 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 Contractor may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J.Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall,to the extent permitted by law,be held in Miami-Dade County, Florida. K.Independent Private Sector Inspector General Reviews Pursuant to Miami-Dade County Administrative Order3-20,the Contractor isaware that the Countyhastherightto retain the services ofan Independent Private SectorInspector General (hereinafter "IPSIG"),whenevertheCountydeemsit appropriate todoso.Upon written noticefromtheCounty,the Contractor shall makeavailabletothe IPSIG retainedbytheCounty,all requested recordsand documentation pertaining tothis Agreement forinspectionandreproduction.The County shallbe responsible for the payment of these IPSIG services,andunderno circumstance shall the Contractor's pricesandany changes thereto approved by the County,be inclusive ofanychargesrelatingto these IPSIG services.Theterms 23 of 25 of this provision herein,apply to the Contractor,its officers,agents,employees, subcontractors and assignees.Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations,activities and performance of the Contractor in connection with this Agreement.The terms of this Articleshall not impose any liabilityon the County by the Contractor or any third party. L.Notice and Contact OCED's representative for this contract is David Sweet.The Contractor's representative for this contract is Charles Scurr.The Contractor's principal office is at 6130 Sunset Drive,South Miami,Florida 33143. In the event that different representatives are designated by either party after this contract is executed,or the Contractor changes its address,notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M.Name and Address of Payee When payment is made to the Contractor's assignee,the name and address of the official payee is:N/A N.Waiver of Trial Neither the Contractor,subcontractor,nor any other person liable for the responsibilities,obligations,services and representations herein,nor any assignee,successor,heir or personal representative of the Contractor, subcontractor or any such other person or entity shall seek a jury trialin any lawsuit,proceeding,counterclaim or any other litigation procedure based upon or arising out of this Contract,or the dealings or the relationship between or among such persons or entities,or any of them.Neither Contractor,subcontractor,nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived.The provisions of this paragraph have been fully discussed by the parties hereto,and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced inall instances. O.All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A-Scope of Services; Attachment B-Budget;Attachment C-Progress Report;Attachment D- Information for Environmental Review;Attachment E-Certification Regarding Lobbying;and Attachment F-Publicity,Advertisements and Signage)contain all the terms and conditions agreed upon by the parties. 24 of 25 \ IN WITNESS THEREOF,thepartiesheretohavecausedthistwenty-five (25)pagecontracttobe executedbytheir undersigned officialsasduly authorized,thisdayof __2000 CONTRACTOR: CITY OF SQI4TJ4 MIAMI BY: NAME:Charles D.Scurr TITLE:City Manager DATE: C&&7 (Signature) Type of Print Name BY: ^Wfx ype of Print Name Federal ID Number:59-6000394 Contractor's Fiscal Year Ending Date: Resolution #:R-1331-99 CORPORATE SEAL: MIAMI-DADE COUNTY BY: NAME:Merrett R.Stierheim TITLE:County Manager ATTEST BY: TITLE:Clerk.Board of County Commissioners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 25 of 25 .'•<¥••• Attachment A CITY OF SOUTH MIAMI FY 2000 SCOPE OF SERVICES JANUARY 1,2000 -DECEMBER 31,2000 Project Title:Park Safety Improvements Project Description:Parksafetyimprovementsat Marshall Williamson ParkinSouthMiami HUD Matrix Code/Title (Eligibility):03FParks,RecreationalFacilities 570.201(c)-Public Facilities Accomplishments:Onepublicfacility Funding Source:FY 2000 CDBG National Objective:570.208(a)(1)-Low/Moderate Area Location:6125 SW 68thStreet,SouthMiami,Florida Objective:Improve safetyand security and reduce crime inthe Marshall Williamson Park throughlandscaping improvements andthe installation ofsecuritylighting. Action Steps Quarter of Completion 1.Conductpublicworkshopforcommunity involvement 1stQuarter 2.Secure environmental clearance for site 1st Quarter 3.Prepare bid specifications 1st Quarter 4.Advertise projectandselect general contractor for landscaping 2nd Quarter 5.Begin landscaping improvements 2nd Quarter 6.Complete landscaping improvements 3rd Quarter 7.Begin lighting improvements 3rd Quarter 8.Complete lighting improvements 4th Quarter Page 1 of 1 DESCRIPTION 01 Personnel 02 Contractual Services 03 Operating Expenses 04 Commodities 90 Capital Outlay TOTAL CITY OF SOUTH MIAMI CDBG 2000 January 1,2000 -December 31,2000 FY 2000 OCED PARK SAFETY $0 Attachment B *OTHER TOTAL FUNDS FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $50,000 $50,000 $100,000 $50,000 $50,000 $100,000 *OtherfundsrepresentFY 1999 CDBG allocation extended toJune 30,2000 Page 1 of 2 Attachment B CITY OF SOUTH MIAMI CDBG 2000 January 1,1999 -December 31,2000 PARK SAFETY IMPROVEMENTS PROJECT DESCRIPTION FY 2000 FY 1999 PROJECT OCED FUNDS OCED FUNDS TOTAL 91110 Land Improvements 94113 Const.Cost -Architect 94212 Other Const.Costs -Admin. $0 $0 $2,000 95030 Special Equipment -Tot Lot$45,000 99130 Lighting -New &Improvements $3,000 TOTAL $50,000 Page 2 of2 $25,000 $25,000 $5,000 $5,000 $0 $2,000 $0 $45,000 $20,000 $23,000 $50,000 $100,000 \ OFFICEOFCOMMUNITYANDECONOMICDEVELOPMENT PROGRESSREPORT NAME ADDRESS TELEPHONE NUMBER FAX NUMBER AGREEMENTAMOUNT FUNDINGSOURCE CONTRACTPERIOD REPORTINGPERIOD REPORTNUMBER INSTRUCTIONS:Listalltheactivities(bytitleandbyassignedactivity#)mentionedintheagreement identifiedabove. NameandTitleofPersonAuthorizedto CertifyAccuracyoftheReport OFFICEOFCOMMUNITYAJN'DECONOMICDEVELOPMENT Signature Date Rev.W ..♦"!?-• \\ PROGRESS REPORT GENERAL INSTRUCTIONS NAME ADDRESS TELEPHONE NUMBER FAX NUMBER AGREEMENT AMOUNT FUNDING SOURCE CONTRACT PERIOD REPORTING PERIOD REPORT NUMBER CONTRACT ACTIVITIES IDENTIFICATION NUMBER NAME AND TITLE OF PERSON AUTHORIZED TO CERTIFY ACCURACY OF THE REPORT SIGNATURE DATE Type or print thename of the organization. Type orprinttheaddress of yourorganization. Printthe telephone number of yourorganization. Printthefaxnumber of your organization. Printthetotal amount of OCED funds under this contract (onlythecontractcoveredbythisreport). Indicatethe fiinding sourceforthe contract or the amendment coveredbythereport(e.g.,CDBG,HOME, HATF,SHIP,ESG.) Enterthe dates whenthecontractperiodbeganandwhen thecontractperiodended. Enter the dates whenthe report period beganandwhenthe report period ended. There are four reports eachyear,oneeach quater.Indicate thenumericalsequence of thisreport. Listthetitles of the activities covered bythis report. Listthe identification number for each of theactivity listed on this report(contactyourOCEDPlannerfor this information). Self explanatory. The signature of the person who certified the accuracy of thereport. Print the date when your organization submitted the report to OCED. Page 2of26 SECTIONI:STATUSOFCONTRACTACTIVITIES ACTIVITYTITLE: GOAL: INSTRUCTIONS:Listtheobjectivesassociatedwiththeactivitymentionedaboveandtheirachievementtodate. vOBJECTIVERESULTSYEARTODATE• INSTRUCTIONS:Inbriefterms,listtheactionstepsassociatedwiththeactivitymentionedabove,thencompletethechart usingthecategoriesmentionedineachofthecolumnsbelow(attachadditionalpagesifnecessary): ACTIONSTEPPROJECTED..-:-;•;•;PROJECTEDUNITS..:'ACTUALUNITS [MiilHMlMii IdentificationofVariablesEnhancingorPreventing AchievementofProgramObjectivesandActionSteps \mnm Page3of2 \ SECTION I:STATUS OF CONTRACT ACTIVITIES GENERAL INSTRUCTION ACTIVITY TITLE GOAL TABLE I TABLE II TABLE III:. Yourorganizationmustcompletethissectionfor EACH activitycoveredinyour contract oragreement. List the title of the activity being reported on as it appears intheScope of Services of your organization's agreement. Describe thegoal that the activity will achieve. InBRIEF TERMS,describe each objective associated with the activity.Foreach objective,describe in quantifiable terms-the cumulative achievement. In BRIEF TERMS,describe the action steps ofthe activity mentioned above.Onthe chart,indicate the projected completion date,projected units of service and actual units of serviceforeach action step. In BRIEF TERMS,describe those variables that either enhanced or prevented the achievement of the proposed objectives and action steps. Page 4of 26 SE C T I O N I I : FI S C A L IN F O R M A T I O N > A R T A : B U D G E T A N D E X P E N D I T U R E S NS T R l IC T I O N S : C o m p l e t e t h e ch a r t fo r th e e n t i r e a m o u n t c o v e r e d b y t h e ag r e e m e n t . . • , v : J ; - : W f t % CU M U L A T I V E EX P E N D I T U R E S TH R O U G H /P R O J E C T E D , - PR O J E C T E D '• • ' : • • •- :- . v . ; * : V - •• : : S i - i ; ' : •• -• ' • ' . i ' - ' h ' ^ - . ^ $ EN D OF CU R R E N T RE P O R T I N G PE R I O D •. i . t EX P E N D I T U R E FO R I. 'C U M U L A T I V E '• ' ' « ' : •> Z "t - r- ' S : : A - ] '- : f * - V ' • • r: ? • £ • / . - J ; • fe NE X T RE P O R T I N G : EX P E N D I T U R E B Y E N D - CA T E G O R Y V ? AP P R O V E D BU D G E T • PR O J E C T E D \ RE I M B U R S E D . AC T U A L ^P E R I O D OF CO N T R A C T PE R I O D P E R S O N N E L C O N T R A C T U A L i O P E R A T I N G C O S T S C O M M O D I T I E S C A P I T A L O U T L A Y T O T A L S - 5A R T B: P R O G R A M I N C O M E U S A G E NS T R U C T I O N S : Pr o v i d e t h e r e q u i r e d i n f o r m a t i o n f o r e a c h a c t i v i t y t h a t g e n e r a t e s p r o g r a m i n c o m e . CA T E G O R Y # AC T I V I T Y (B Y ID E N T FI C A T I O N NU M B E R S ) # TO T A L S P E R S O N N E L C O N T R A C T U A L O P E R A T I N G C O S T S C O M M O D I T I E S C A P I T A L O U T L A Y T O T A L S \ Pa g e 5 of 26 / s sS SECTION II:FISCAL INFORMATION GENERAL INSTRUCTIONS This portion ofthe report must include only OCED funds and expenditures covered by your organization's contract with OCED.Thissection of thereportcovers fiscal acravities from the beginning of the contract date through thecut-offdatecoveredbythereport. BUDGET AND EXPENDITURES APPROVED BUDGET PROJECTED REIMBURSED ACTUAL Foreachcategory,list theamount of fundsallocatedinthe mostrecentapproved OCED budgetforyour contracted activity. Listthetheprojectexpendituresthroughthecut-offdateof thereportforeach of thebudgetcategories. Listthe contract expenditures that OCEDhas reimbursed to your organization throughthecut-offdate of the report. ListALLthecontract expenditures,whetherornotthey havebeen reimbursed bythe County,OCED,thatyour agency incurred throughthecut-offdate of the report. PROJECTED EXPENDITURES List all the expenditures thatyour organization anticipates FOR NEXT REPORTING willbeincurred inthe implementation of thecontracted PERIOD activities throughtheendofthenextreportingperiod.. PROJECTED CUMULATIVE EXPENDITURES BY THE END OF CONTRACT PERIOD PROGRAM INCOME USAGE Listalltheexpendituresthatyourorganizationanticipates willbe incurred inthe implementation of the contracted activitiesthroughtheend of thecontractedperiod List the identification numbers for EACH income generating activity inthe agreement.Indicate the amounts used under each budget category. Page 6 of26 SECTIONIII:MINORITYBUSINESS ENTERPRISE DATA ROJECT TITLE: IPR ACTIVITY NUMBER: REPORTING PERIOD:(Check One)Q OCT 1-MAR 31•APR 1-SEP 30 ONTRACT/SUB-CONTRACT/VENDOR ACTIVITY nISTRUCTIONS:Completethechartusingthecategories mentioned inthecolumns below.When applicable,use the codes mentioned below. ,--"•:'"•,:%•:.•:'••;•&..-?••,;...£'••-j:t .-$•=*AM0UNT0F :':-r :::0^\JkMr-'\'••'-!;••;••h •'•'••:•••''-••^':•'"•••-.•£RAce/.••:..-•.contract/••* MME0FC0NTRACT0R/f '?'•£?:•&"••'•'••.VENDORID •U PRIME ':ETHNIC"TYPE OF SUBCONTRACTOR 5UBC0NTRACT0R,OR VENDOR .ADDRESS .TELEPHONE #CONTRACTOR ID U GROUP TRADE PURCHASE • •IHI •!•••••0 ^CE/ET1IN1C GROUPS WHITE AMERICAN AFRICAN AMERICAN NATIVE AMERICAN HISPANIC AMERICAN •ASIAN AMERICAN -OTHER TYPE OF TRADE CODES CPD I-NEW CONSTRUCTION 2-EDUCATlON AND TRAINING 3-OTHER For D»dc County IIUD and Iiousing Agency Programs ONLY DC1-New Construclion DC2-Substantial Rehab. UC3-Rcpairs DC4-Servicc DC5-Projcc(Mnnagcmcnt DC6-l'rofessional DC7-Tenanl Service DC8-Educalion/Trnining DC9-Arcli/Eng/Appraisal/ Prcv.Eds.Obsolete DCO-Olhcr AFRICAN AMERICANS NUMI3ER OF 1 1 CONTRACTORS/TOTAL PERCENTAGE SUD-CONTRACTOR.S/DOLLARS OF TOTAL VENDORS AWARDED 1 ACTIVITY / 1 fapc7 of 26 / SECTION III:MINORITY BUSINESS ENTERPRISE DATA GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ SUBCONTRACTOR OR VENDOR.ADDRESS AND TELEPHONE NUMBER: VENDOR IDS: PRIME CONTRACTOR ID#: RACE/ETHNIC GROUP: TYPE OF TRADE: AMOUNT OF CONTRACT/ SUBCONTRACT OR PURCHASE: TOTAL: AFRICAN AMERICANS CHART NUMBER OF CONTRACTORS, SUBCONTRACTORS,OR VENDORS TOTAL DOLLARS AWARDED: PERCENTAGE OF TOTAL ACTIVITY: Enter thetitle of theactivitybeing reported asit appears on the Scope of Services.Useoneform for eachactivity. Enter the identification number assigned to the activity.Contact your OCED Plannet for this number. Enter this information onlyonceoneach report foreach firm.Receiving funds throughyourorganization's contract with OCED.. EntertheEmployerNumberthat I.R.S.hasassignedtothe Vendor/Subcontractor.Eachvendormusthaveuniqueidentifier. Enterthe Employer NumberthatI.R.S.has assigned tothe Prime Contractor asa unique identifier.This information mustbe provided for each vendor listed. Enterthe numeric code (1 through 6)that identifies the racial/ethnicbackground of theowner(s)and controllers)of 51%of the business.If 51%of thebusinessisnotcontrolledbyanysingle racial orethnic group,thenenterthecodethatseemsmost appropriate.The codes are listed at the bottom of the form. .Enter the numeric code that best describes the . contractor's/subconbtractor's/vendor's services.The codes are mentioned in thefront ofthispage. Enterthetotal amount expended forgoods,services, supplies,-and/or construction costs foreachvendor,contract and subcontract In cases where commodities or equipment purchasescomprise the majority of the expenditures forthe period,thencombine all expenses forthereportedperiod. Enterthe total amount of dollarsexpendedongoods .services,supplies, and/or constructionforallcontracts,subcontracts,andpurchasesthat occurredduringthereportingperiod. Enter the number of African American firms that transacted businesswithyourorganizationduringthereportingperiod. Thisinformationmustbereportedfororganizationswithatleast 51%African American ownership or control.. Enterthetotal doUars paidtoAfricanAmericanfirmsduringthereporting period. Enterthe percentage of total dollars received byAfrican American firms ftom funds expended byyour organization during the reportingperiod. Page 8of 26 AC T I V I T Y SU M M A R Y : EC O N O M I C DE V E L O P M E N T [ O J E C T T I T L E : R A C T I V I T Y N U M B E R : ST R U C T I O N S : Co m p l e t e th e ch a r t us i n g th e ca t e g o r i e s me n t i o n e d in th e co l u m n s be l o w : •• CD C NA M E p v -., - . yf r - : : ; : r . . ' • - . ' . ^A D D R E S S . | V TY P E OF AS S I S T A N C E PR O V I D E D g PE R I O D OF AS S I S T A N C E 1 i )B C R E A T I O N A N D R E T E N T I O N ST R l JC T I O N S : Co m p l e t e th e c h a r t us i n g th e ca t e g o r i e s me n t i o n e d in t h e co l u m n s be l o w : •• ? * ; . . CR E A T E D . • RE T A I N E D LO W / M O D LO W / M O D ' '. • : ' LO W / M O D LO W / M O D MK I N F S 3 N A M E 'E X P E C T E D AC T U A L EX P E C T E D AC T U A L EX P E C T E D AC T U A L EX P E C T E D AC T U A L _ _ / Pa g e 9 of 2 6 / :*v-;. s ACTIVITY SUMMARY:ECONOMIC DEVELOPMENT GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: CDC NAME AND ADDRESS: TYPE OF ASSISTANCE PROVIDED: PERIOD OF ASSISTANCE: Enterthetitle of theactivity being reported asit appears on the Scope of Services.Use one form foreach activity. Enter the identification number assigned to the activity. Contactyour OCED Planner forthisnumber. List the names and addresses of the Community Development Corporations assisted during the reporting period. In BRIEF terms,describethetype of assistanceprovided Enter thedateswhenthe assistance began andwhen the assistance ended. JOB CREATION AND DETENTION CHART INSTRUCTIONS:1)Enter the names ofthe businesses assisted during the reporting period.Enter the expected and actual number ofjobs created.Indicate the expected number andactualnumber ofjobs that were created for low or moderate-inccome persons. 2)Enter the expected and actual number of jobs retained. Indicate the expected number and the actual number of jobs that were retained by low/moderate-income persons. Page 10 of26 ACTIVITYSUMMARY:COMMERCIALANDINDUSTRIAL ROJECTTITLE: ;PRACTIVITYNUMBER: NSTRUCTIONS:Completethechartusingthecategoriesmentionedineachofthecolumnsbelow: ADDRESS % ASSISTANCE PERIOD SQUARE FOOTAGE JOBSTATUS CREATEDRETAINED EXPECTEDACTUALEXPECTEDACFUAL BUSINESSNAME LOW/ MODTOTAL LOW/ MODTOTAL LOW/ MODTOTAL LOW/ MODTOTAL • ; •' \\\ \\\\ PageIIof26 >>*-,• \ ACTIVITY SUMMARY -COMMERCIAL AND INDUSTRIAL GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: BUSINESS NAME AND ADDRESS: reporting > ASSISTANCE PERIOD: ended. SQUARE FOOTAGE: JOBSTATUS: Enterthetitle of theactivitybeing reported asit appears ontheScope of Services. Use one formfor each activity. Entertheidentificationnumberassignedtotheactivity.Contactyour OCED Planner for this number. Listthenameandaddress of each business assistedduringthe period. Enterthedateswhentheassistancebeganand when theassistance Enterthesquarefootage of theparticular development 1)ForEACHbusiness assisted-during thereporting period, enterthe expected andactual number ofjobs created for low-and moderate-income persons. 2)ForEACH business assistedduringthereportingperiod, enterthe expected andactual number ofjobsretainedfor low-andmoderate-income persons. Page 12 of26 s ACTIVITYSUMMARY:TECHNICAL ASSISTANCE CDEGNON-PROFIT ORGANIZATION CAPACITYEUILDING PROJECT TITLE: GPR ACTIVITY NUMBER: INSTRUCTIONS:Completethechartusingthe categories mentioned inthecolumnsbelow: Efiffln'v [4 k.'•in!"B :''Swas I^HUMiiiljJ- : v • HOUSING DEVELOPMENT AND REHABILITATION INSTRUCTIONS:Complete the chart using the categories mentioned in the columns below: UNITS "••"OCCUPIED"''UNITSCOC/DEVELOPMENT NAME •;•'"'".• ..v..-TOTAL '••"LOW/MOD ••;*"INCOME '-"•'•OCCUPIED Page 13 of 2 >»v 8'"9 .'^ \ ACTIVITY SUMMARY:TECHNICAL ASSISTANCE GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: CDC NAME AND ADDRESS: TYPE OF ASSISTANCE PROVIDED: PERIOD OF ASSISTANCE: HOUSING DEVELOPMENT AND REHABILITATION Enter the title of the activity being reported asit appears on the Scope of Services.Use one formforeach activity. Entertheidentificationnumberassignedtotheactivity.Contactyour OCED Planner for this number. Listthenamesand addresses of theCommunityDevelopment Corporations assisted during thereportingperiod. InBRIEFterms,describethe type of assistance provided. Enterthedateswhenthe assistance began and when the assistance ended. 1)Enterthenames of the Community Development Corporationsassisted duringthereportingperiod.Enterthe expected andactual number of newhousingunits developed.Indicatethetotalnumber of units thatweredevelopedforlow/moderate income persons. 2)Entertheexpectedandactualnumber of housingunits rehabilitated. Indicate the total number of units that were rehabilitated for low/ moderate-income persons. Page 14 of 26 SE C T I O N IV : NE I G H B O R H O O D EM P L O Y M E N T OP P O R T U N I T I E S DA T A R O J E C T T I T L E : JP R AC T I V I T Y NU M B E R : N U M B E R O F F E M A L E HE A D E D HO U S E H O L D S : . O C A T I O N : RE P O R T I N G PE R I O D : (C h e c k On e ) D OC T 1- MA R 31 . • AP R 1- SE P 30 EM P L O Y M E N T DE M O G R A P H I C S NS T R U C T I O N S : Co m p l e t e th e ch a r t us i n g th e ca t e g o r i e s me n t i o n e d in th e co l u m n s be l o w ET H N I C I T Y IN C O M E LE V E L L O W / M O D L O W GE N D E R M A L E F E M A L E SU B T O T A L S M A L E F E M A L E SU B T O T A L S TO T A L S WH I T E BL A C K HI S P A N I C IN D I A N AS I A N OT H E R / Pa g e 1 5 o f 2 6 SECTIONIV:NEIGHBORHOOD EMPLOYMENT OPPORTUNITIES DATA GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: LOCATION: NUMBER OF FEMALE HOUSEHOLDS Enter the title of the activity being reported asit appearsonthe Scope of Services.Useoneformfor each activity. Enter the identification number assigned to the activity.ContactyourOCEDPlannerfor this number. Enterthespecificlocationwherethe activity isbeing performed. Enter the number of female-headed households HEADED assistedduringthereportingperiod. EMPLOYMENT DEMOGRAPHICS CHART INSTRUCTIONS:Indicatethe number of persons employed through the implementation of the contracted activity duringthe reporting period.Thisinformation must bebasedonthe individual1 s income level,gender,and ethnicity. Page 16 of 26 \ P R O J E C T T I T L E : GP R A C T I V I T Y NU M B E R : L O C A T I O N : NU M B E R OF FE M A L E HE A D E D HO U S E H O L D S : PE R S O N S SE R V E D • . - • AC T I V I T Y SU M M A R Y : PU B L I C SE R V I C E S IN t n M F l F V F L ' ••• GE N D E R "•' ' WH I T E BL A C K ET H N I C I T Y HI S P A N I C IN D I A N , AS I A N / * ^ O T H E ^ ^ ^T O T A L ^ I L O W / M O D M A L E F E M A L E L O W SU B T O T A L S SU B T O T A L S TO T A L S : _ « Pa g e 17 o f 26 s \ ACTIVITY SUMMARY:PUBLIC SERVICES GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: LOCATION: NUMBER OF FEMALE HEADED HOUSEHOLDS PERSONS SERVED INSTRUCTIONS: Enterthetitle oftheactivity being reported asit appears onthe Scope of Services.Use one form for each activity. Enter the identification number assigned tothe activity.Contact your OCED Planner forthis number. Enter the specific location where the activity is being performed. Enter the number of female-headed households assisted during the reporting period. Indicate the number of persons served during the reporting period according to their income level,gender,and ethnicity. Page 18 of 26 AC T I V I T Y SU M M A R Y : HO U S I N G P R O J E C T T I T L E : G P R A C T I V I T Y N U M B E R : L O C A T I O N : . . IN S T R U C T I O N S : Co m p l e t e th e ch a r t us i n g th e ca t e g o r i e s me n t i o n e d in th e co l u m n s be l o w N A M E O F O R G A N I Z A T I O N : S I N G L E U K M U L T I - F A M I L Y R E N T A L I 1 U M E U W N E R S I I I P FI R S T T I M E B U Y E R H O M E O W N E R S H I P R E H A B I L I T A T I O N TO T A L S H- - . . UN I T S FI N A N C E D NI T S • - •: - D O L L A R S •; UN I T S UN D E R CO N S T R U C T I O N f# 0 F . DEV E L O P M E N T UN I T S *" • • DO L L A R S ' . R E P O R T I N G P E R I O D F R O M : T O : •;• . UN I T S CO M P L E T E D #0 F ./ • DE V E L O P M E N T UN I T S ; •" : . OO L L A R S OC C U P A N C Y CH A I U C T E R I S T I C S IN S T R U C T I O N S : Co m p l e t e th e ch a r t us i n g th e ca t e g o r i e s me n t i o n e d in th e co l u m n s be l o w : ET H N I C I T Y UN I T S SO L D / O C C U P I E D : UO f - DE V E L O P M E N T UN I T S DO L L A R S * TO T A L S DE V E L O P M E N T DO L L A R S • • ' : i IN P . n M F LE V E L •• •• ' . • ; . ' .' '- " j £ _ - . • • • • .* GE N D E R • WH I T E - N O N • .H I S P A N I C •" ; . BL A C K NO N - H I S P A N I C HI S P A N I C AM E R I C A N ' IN D I A N :. . AS I A N OR ; ' PA C I I F I C S IS L A N D E R NO . OF FE M A L E HE A D E D HO U S E H O L D S i • , " • ' . . • , . —T O T A L ^ ^ L O W / M O D L O W i M A L E F E M A L E M A L E F E M A L E SU B T O T A L S 1 . T f t T A I S 1 Pa g e 19 or 2 6 R e v . H / 9 7 // \ ACTIVITY SUMMARY:HOUSING GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTrvrrY number: LOCATION: NUMBER OF FEMALE HEADED HOUSEHOLDS HOUSING DEVELOPMENT CHART INSTRUCTIONS: Enterthetitle of theactivitybeingreportedasit appears ontheyour approval Scope of Services.Useone form foreachactivity. Entertheidentificationnumberassignedto the activity.Contactyour OCED P\annet for this number. Enter thespecific location where theactivityisbeing performed. Enter the number of female-headed households assisted during the reporting period.. 1)Indicate the number of units and the amount of funds used for rehabilitated ornewhousingunitsusingthe following categories:units financed,units underconstruction,unitscompleted,andunitssold/occupied during the reportingperiod. 2)Indicate the number unitsand the amount of funds used for single and multi-familyhousingdevelopmentunitsusingthe following categories: unitsfinanced,unitsunderconstruction,units completed,andunits sold/ occupied during the reporting period. OCCUPANCY CHARACTERISTICS CHART INSTRUCTIONS:Indicate thenumber of personsreceivinghousingservicesduringthe reporting period according to their income level,gender,and ethnicity. Page 20of 26 ACTIVITYSUMMARY:BUSINESSFINANCING tOJECTTITLE: PRACTIVITYNUMBER: STRUCTIONS:Complete1thechartusingthecategoriesmentionedineachofthecolumnsbelow: ADDRESS FUNDING JUOOIMIUO CREATEDRETAINED EXPECTEDACTUALEXPECTEDACTUAL ASSISTANCE PERIOD OCED LOANPRIVATETOTAL LOW/ MODTOTAL LOW/ MODTOTAL LOW/ MODTOTAL LOW/ MODTOTAL < • : :»• - 1•ii Page:21of26 ?'„!• \ ACTIVITY SUMMARY:BUSINESS FINANCING GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: BUSINESS NAME AND ADDRESS: ASSISTANCE PERIOD: FUNDING: JOB STATUS: Enterthetitle of theactivitybeingreportedasit appears onapproved Scope of Services.Useoneformforeachactivity. Enterthe identification numberassignedtotheactivity.Contactyour OCED Planner for this number. Listthe name and the address of each business assisted during the reporting period. Enter the dates when the assistance began and when the assistance ended. Intheappropriatecolumn,indicateforeach business theamount of funding receivedfrom OCED,fromotherpublicfundingsources,andfromprivate sources.Indicatethetotal of these funding sources in the column marked TOTAL. 1)ForEACHbusinessassistedduringthereportingperiod,enter the expected andactualnumber ofjobscreatedfor low/moderate-income persons. 2)ForEACHbusinessassistedduringthereportingperiod,enterthe expected andactualnumber ofjobs retained for low/moderate-income persons. Page 22 of 26 P R O J E C T T I T L E : G P R A C T I V I T Y N U M B E R : E A R N E D I N C O M E PA R T C : RE V O L V I N G LO A N (P r o g r a m I n c o m e S i n c e Be g i n n i n g of Ac t i v i t y ) - .- ,. • • p. . *} . , % • ? •-. • '& . % • :•• : : . EA R N I N G S ? ••.. ".- . ; * .; :• • : • , - ; ; • . • * ^ - . . , . » - t V * v ; •• • • . ^ i \ ^ ; A ^ : a . - ^ v v ; v - i V : t - . * - • §• '^ •' • ' .- ' . . : . r; : ^ . .y i ' -\ ; : - ; ; . ' #; , : • ; d e o u c t i o n s f o r $ * •" " • : • .M - % • • '" . '? : T v -? ' 5 * s . ". * - f T /• • "1 ,? ' PA Y M E N T S ON LO A N S '\ : V . . ^ ;' R E V O L V I N G LO A N " ^ PF R i n n '• • • : • ' - " PR I N C I P A L ^ : IN T E R E S T •:'• /O T H E R IN V E S T M E N T IN C O M E -T O T A L S FU N D A C T I V I T Y AV A I L A B L E TO T A L S P R I O R T O T A L S C U R R E N T P E R I O D T O T A L S : i PA R T D: NO N - R E V O L V I N G LO A N FU N D EA R N I N G S - C U R R E N T CO N T R A C T PE R I O D PE R I O D P R I O R T O T A L S C U R R E N T P E R I O D T O T A L S : PR O G R A M IN C O M E -' O C E D CO N T R A C T FU N D I N G SO U R C E OT H E R : GE N E R A L EA R N E D IN C O M E OT H E R SO U R C E S TO T A L S DE D U C T I O N S FO R NO N - R E V O L V I N G LO A N FU N D A C T I V I T Y UN E X P E N D E D TO T A L S Pa g e 23 o f 2 6 / O&v- \ s EARNED INCOME PART C.REVOLVING LOAN GENERAL INSTRUCTIONS 1))Revolving Loanprogram income must be reported separate from othertypes of programincome. 2))This .portion of thereportshouldonly contain OCED contracts Revolving LoanFund income 3))This income'must be reported cumulatively for the contractperiodforaslongastheContractor isholding program income,loan " receivables,or both. 4))Indicate under PAYMENTSONLOANS the payments made by borrower or principal and interest and the income from the resale of loans. 5))Indicate under INVESTMENT INCOMEthe income earned from thedepositsorinvestment of RLF cash receipts inabankorothertype of financial institution. PART D:NON-RLF EARNINGS GENERAL INSTRUCTIONS I))Reportincomereceivedunderthecurrentcontract period. 2))For Non-RFL incomefrompriorcontracts, yourorganizationmustreportontheprior period the earnings andthe balance atthe conclusion of theprecedingcontract;DO NOT include anyother Non-RFL amounts fromprior contracts anywhere elseon this report. 3))ForNon-RLFincomefrompriorcontracts,your organization must reportonaseparateearned incomeTeportanyamountthatyour organization maybeholdingorreceivedduringthecurrent period if there hasbeenaninterruptioninthe contractualrelationshipwithOCED .Page 24 of26 \ ACTIVITYSUMMARY:COMMERCIALREVITALIZATION PROJECTTITLE: GPRACTIVITYNUMBER: INSTRUCTIONS:Completethechartusingeachofthecategoriesmentionedinthecolumnsbelow: niKINFCSNflMF"'^•'J't:;^*ri-vVl«:f-V^^:;7.S^BSffl^iii^SBS^EBEsiI'^ijII'l'MSfcftiBJf«;Ka«M'j''public*-^PRWAlt*7VTofa1 • -- —— Page25of2 Rrv.8« ACTIVITY SUMMARY:COMMERCIAL REVITALIZATION GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: BUSINESS NAME AND ADDRESS: ASSISTANCE PERIOD: FUNDING: Enter thetitle of theactivity being reported asit appears on theScope of Services.Useoneformforeachactivity. Enter the identification number assigned tothe activity. Contact your OCED Plannerforthisnumber. List the name andaddress of each business assisted during the reporting period. Enter the dates when the assistance began and when the assistance ended. Intheappropriatecolumn,indicateforeachbusinessthe amount of fundingreceivedfromOCED,from other public fundingsources,and from privatesources.Indicatethetotal of thesefunding soureesin the column marked TOTAL. Page26of26 \ U.S.HUD SECTION 3 REPORT Economic Opportunities for Low &Very Low-Income Persons in Connection with Assisted Projects AGENCY NAME:. AGENCY ADDRESS:^ REPORT REVIEWED/APPROVED BY:. PROJECT NAME: CONTRACT AMOUNT:$ PERIOD REPORTED:QTR 1 TELEPHONE #: (SIGNATURE) 2 34 (CIRCLE ONE) PART ONE -EMPLOYMENT &TRAINTNG -To be completed for each project and submitted quarterly to OCED by April 15,July 15,October 15 and January 15. JOB CATEGORY A Total New Hires (Total of Column G, 1-5) B Total "New Hires who are Sections 3 Residents C %Of New Hires that are Section 3 Residents (B/A) D Total Employee Trainee Hours Worked E Total Employee Trainee Hours worked bySection3 Residents F %of Employee Trainee Hours Worked by Section 3 Residents (E/D) G RACIAL/ETHNIC CODES I White Amer. 2 African Amer. 34 Native Hispanic Amer.Amer. 5 Asian or Pacific Amer. PROFESSIONAL » TECHNICIAN OFFICE/ CLERICAL CONSTRUCTION BY TRADE [LIST) TRADE: TRADE: TRADE: TRADE: TRADE: OTHER:- TOTAL: PAR TWO -SUBCONTRACTS AWARDED -for goods and services associated with this project. TYPE OF CONTRACT CONSTRUCTION NON-CONSTRUCTION A TotalS Amount of Contracts Awarded B Total S Amount of Contracts Awarded to Section 3 Businesses Office ofCommunityand Economic Development C %B TO A NUMBER OFSECTION3 BUSINESSES RECEDING CONTRACTS BY RACIAL/ETHNIC IDENTIFICATION 1 White American African American 3 I 4 |S Native Hispanic Asian-Pasific American American American Page 1of2 U.S.HUP SECTION 3 REPORT PART THREE -SUMMARY-Indicates theeffortsmadeto direct the employment andothereconomic 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 assistancefor housing.(Checkallthat apply.) n Attempted to recruit low-tncome residents through:local advertising media,signs prominently displayed at the project sit,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 O Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. D Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. D Coordinated with Youthbuild Programs administered inthe metropolitan areain which theSection3 covered projectislocated. D Other,describe below. Page2of2 Officeof Community andEconomic Development ATTACHMENT D MIAMI-DADE OFFICE OF COMMUNITY DEVELOPMENT INFORMATION FOR ENVIRONMENTAL REVIEW FORM Funding Source (circle)and Year: CDBG;HOME:HOPE 3;HOMELESS;HOPWA FY 199. Name of Subrecipient/Agency: Name of Proposed Activity: Location (Folio Number and Address)of Proposed Activity: Name,address,and phone and fax numbers of loan/grant recipient: :-VA-Detailed description of project (include work program and/or scope of service and if this is a rehabilitation project,attach itemized budget). Part I. Willtheactivityresultinthe following? Yes No Change in use Sub-surface alteration (i.e.excavations) New construction Renovation or demolition She improvements (utilities,sidewalk,landscaping,storm drainage, parking areas,drives,etc.) Displacement of persons,households or business Increase in population working or living on site Land acquisition Activity in 100-year floodplain ..•;*» Page2 of 5 Yes No Anew nonresidential use generating at least 1375,000 gallons of wateror 687,500 gallons of sewage per day. i Use requiring operating permit (i.e.for hazardous waste, pretreatment of sewage,etc) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e.g.digging a lake or diverting or deepening ofa body of water). Part II. Site Information A.Landuse (please describe) •Existing B. •Proposed If activity includes new construction,renovation or rehabilitation,photographs;mustbe nrovfcledI of each side (front,rear and sides)of the structure(s)proposed for assistance andr^P 2 S«2-til I*The photographs shall be identified by address.In addition,provide for each existing structure on the site,the following information: •Existing structure(s)on site yes _no •Estimated age of structure(s)_ >a \ C.OtherSiteInformation Floodinsurance Publicwater Publicsewer Childrenorchildunder7yearsofageresidingon site(includingdaycarefacility)orrelocatingtoit Hazardouswastedisposalfacility Storageofhazardousmaterials Abandonedstructure(s) Page3of5 YesNo DIftheproposedactivityincludesanewstructure(s)orsiteimprovementsonasiteofone(1) acreormore,asiteplanmustbeprovided.Project®willnotbeenvironmentallyreviewed withoutasiteplan. E.Iftheproposedactivityincludesrehabilitationorrenovationofstructure(s),indicatethe approximatevalueoftheimprovement. 0to39.9percentofthemarketvalueofthestrucrure(s) 40to49.9percentofthemarketvalueofthestmcture(s) 50to74.9percentofthemarketvalueofthestrucrure(s) 75percentormoreofthemarketvalueofthestrucrure(s) s Page4 of 5 F.Ifthe proposed activity involves the transfer ofany property,new construction ora securing ofa loan for a nonresidential parcel,provide a Phase I Environmental Audit determining the likely presence of either a release or threatened release ofa hazardous substance.An auditisareview of asiteandadjacentpropertiesandinvolves preparing a history of ownership,land use and zoning for the last 50 years;researching environmental records for informationon hazardous waste sites,hazardous facilities,solid waste/land fill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM),Florida Department of Enviriomental Protection (FDEP)and U.S.Environmental Protection Agency (EPA));and inspecting the site for physical evidence of contamination such as damaged vegetation or stains in the soil. Yes No If yes,a copy of the Phase I Environmental Audit must be submitted. G.Environmental Health Information •Ifa residential site,and the activity includes or involves rehabilitation,has it been inspected for defective paint surfaces? Yes z.No — IfYES,please submit the results. •Has any child under the age of seven at the site been tested for elevated levels of lead in the body? H.Other Attachments \ Page5 of 5 1.Maps -show location of property in the County and/or City and a street/plat map with the location or lot clearly pointed out. 2.For housing/building rehabilitation projects only,a budget describing the major components of the rehabilitation program planned,and a photograph of the property. 3.For historic proprieties,include: Photographs of the property,and a description of any adjacent historic properties that may be affected by your activity. I certify tothe accuracy ofthe above information. Name Title Date Name of Organization or Corporation If vou have any questions or comments in regards to this form,please contact Pat Moore ofmZ^de Department of Planning,Development and Regulation at 375-2805,or A.B. Mumford of the Office of Community Development,at 375-3433. Unless otherwise indicated,this completed form and attachments should be forwarded to: Community Development Division Director Officeof Community and Economic Development 140 West Flagler Street,Suite 1000 Miami,Florida33130 \\S0l«O00:«»»rHCDD\rii»«i»l'*«»C»»e*B "*u**c" 6/l/o2 Attachment E CERTIFICATION REGARDING LOBBYING Certification for Contracts.Grants.Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and behalf,that: 1 No Federal appropriated funds have been paid or will be paid,byor on behalf of . the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment, or modification ofany Federal contract,grant,loan or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan or cooperative agreement,the undersigned shall complete and submit Standard Form -LLL. "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3 The undersigned shall require that the language of this certification be included in the award documents for all subwards at all tiers (including subcontracts,subgrants.and contracts under grantsf loans and cooperative agreements)and that all subrecipients shallcertifyand disclose accordingly. 4 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352.title 31 US Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. BY:C^LtL j>^<J&<*** (Signatureof authorized representative) NAME:(Print nameoffirmand authorized representative) TITLE:.. DATE: -..>Jr. i—X o msvucren o 0ETA4. 'ngr\ \ -*%U«4OR££N \ \ OCED OfFJCXOFCOKJtfWITVANDECONOMICDrvELOrMIVT BUIUJCSCBETTXJtKDCKIORHOODS PROJECTNAME PROJECTNUMBER PROJECTCOST CONTRACTOR BOARDOFCOUNTYCOMMISSIONERS _mIkrrrWtfno-_ M1AM1-DADECOUNTY.FLORIDA 3/4*PLYWOOD 4'-0' •BOARDOFCOUNTYCOMMISSIONERS"NAMESTOAPPEARINALPHABETICALORDER ASUSTEDONFIRSTSHEETOFCONTRACTDOCUMENTS. •LETTERSSHALLBEBLACKONWHITEBACKGROUND. •THENAMESANDNUMBERSOFTHEPROJECTANDPROJECTCOSTSHALLBEPLACED INTHEAPPROPRIATESPACES. •THENUMBEROFS»GNSREQUIREDFORTHISPROJECTIS. •THESIGN(S)SHALLBEPLACEDASSHOWNONTHISTYPICALPROJECTSIGN PiArFMPNTDIAGRAMORASDIRECTEDBYTHEENGINEER__^•COUNTYCOLORSfAREPMS36BANDPROCESSBLUEPLACEMENTISINDICATEDABOVE SpecialProvisions