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
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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."
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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.
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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:
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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
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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
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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
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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
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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
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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
•
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^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
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:*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:
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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
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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
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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
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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
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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
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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
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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.
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•LETTERSSHALLBEBLACKONWHITEBACKGROUND.
•THENAMESANDNUMBERSOFTHEPROJECTANDPROJECTCOSTSHALLBEPLACED
INTHEAPPROPRIATESPACES.
•THENUMBEROFS»GNSREQUIREDFORTHISPROJECTIS.
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