Res. No. 016-01-11164RESOLUTION NO.16-01-11164
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TO THE ACCEPTANCE OF AN FY
2001 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)IN THE AMOUNT OF $155,000;AUTHORIZING
THE CITY MANAGER TO EXECUTE APPLICABLE
CONTRACTS AND DOCUMENTS;AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the Community Development BlockGrant (CDBG)Program serves
to improve communities;and
WHEREAS,theCity of SouthMiami submitted an application for funding in
order to improve recreational and socioeconomic aspects of its community;and
WHEREAS,theBoard of County Commissioners awarded theCity of South
Miami $155,000 forits CDBG application.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI:
Section 1.TheCity Manager is authorized to accept anFY 2001
Community Development BlockGrantintheamount of $155,000.
Section 2.The City Manager is authorized to execute contracts and
documentsapplicabletotheacceptance of the Community Development Block Grant.
Section 3.This resolution shalltake effect immediately upon arrival.
PASSED AND ADOPTED this 6th_day of February 2001.
ATTEST:.APPROVED:
Pl
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Bethel:
Commissioner Russell:
4-0
Yea
Yea
Yea
Yea
Commissioner Wiscombe:Out of room
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Honorable Mayor
and City Commission
From:Charles D.Scurr
CityManager
Date:January 29,2001
Subject:4TAgendaItem#_^_
Commission Meeting 02/06/01
Acceptance of FY 2001 Comm.
Development Block Grant
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE
ACCEPTANCE OF AN FY 2001 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG)IN THE AMOUNT OF $155,000;AUTHORIZING THE
CITY MANAGER TO EXECUTE APPLICABLE CONTRACTS AND
DOCUMENTS;AND PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
TheCity of South Miami submitted several applications forthe FY 2001 Community
Development Block Grant Program,including Career Counseling,Reconstruction of SW 59th
Place,Water Supply &Public Safety Improvements,and Murray Park.
On December 19,2000,the Miami-Dade County Board of County Commissioners approved two
grantsfortheCity-a$55,000grantforMurrayParkanda$100,000grantforreconstruction of
SW 59th Place.
TheactualgrantcontractisstillbeingprocessedbyOCED.Itwillbesubstantiallysimilartothe
attached standard OCED format.
The attached resolution wouldallowtheCityManagertoexecutethe contracts anddocuments
necessarytoreceivethemoneyandmoveforwardwiththisimportantendeavor.
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 to as the "County"
and City of South Miami,a municipal government organized under the laws ofthe State of Florida
hereinafter referred to as the "Contractor".
The parties agree:
Definitions
OCED
24 CFR Part 570 -CDBG
Low-and Moderate-Income
Person
Contract Records
Federal Award
Subrecipient
Contractor
OfficeofCommunityandEconomic Development or
its successor Department
Federal regulations implementing Title I of the
Housingand Community Development Act of 1974,as
amended -Community Development Block Grant
A member of low-and moderate-income familyi.e.,a
family whose income iswithin 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 byorat the direction the Contractor orany
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 fromany
source during the period of time in which the
Contractor is performing the obligations set forth in
this contract.
Apublic 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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The Contractor shall carry out the activities specified in Attachment A,"Scope of
Services,"intheCountyorthefocus area(s)of Miami-Dade.
B.Insurance
To comply with Miami-Dade County's insurance requirements as well as any
relevant state of Florida insurance requirements.
C Indemnification
The Contractor shall indemnify and hold harmless theCountyandits officers,
employees,agentsand instrumentalities from anyand all liability,losses or
damages,including attorneys'fees and costsofdefense,which the County orits
officers,employees,agentsor instrumentalities mayincurasaresultof claims,
demands,suits,causesofactionsor proceedings ofanykindor nature arising out
of,relating toor resulting from the performance ofthisAgreementbythe
Contractororitsemployees,agents,servants,partners,principals or
subcontractors.TheContractorshallpayallclaimsand losses in connection
therewithandshallinvestigateanddefend all claims,suitsoractions of anykind
ornatureinthenameoftheCounty,whereapplicable,includingappellate
proceedings,andshallpay all costs,judgments,andattorney'sfeeswhichmay
issue thereon.Provided,however,this indemnification shallonlybetotheextent
andwithinthe limitations ofSection 768.28 Fla Stat.,subject totheprovisionsof
thatStatutewherebythe Contractor shall notheheld liable to pay a personal injury
or property damage claimor judgment byany one person which exceeds the sum
of $100,000,oranyclaimor judgment orportions thereof,which,whentotaledwith
all other claimsor judgment paidbytheContractorarising out of the same incident
or occurrence/exceed the sum of $200,000 from any andall personal injuryor
propertydamageclaims,liabilities,losses or causes of actionwhichmayariseasa
result of the negligence of the Contractor.
D.Documents
TheContractorshall submit documents to OCED as described beloworanyother
document in whatever form,manner,orfrequencyas prescribed by OCED.These
willbe used for monitoring progress,performance,and compliance withthis
contract andfor 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,"asit 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)nolater than April10,2000,July 10,2000,
October 10,2000and January 10,2001.
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The Contractor shall submit to OCED a cumulative account of its
activities under this agreement by completing the following
portions of the Progress Report Form:
Section I -Status of Contracted Activities:
The Contractor mustreportspecific information regarding the
status of the contracted activities,including accomplishments
and/ordelaysencounteredduringtheimplementationofthe project
andan unduplicated countofclientsserved during the reporting
period (if applicable)for each federally defined ethnic category.
Contractors engaged in construction and/or housing rehabilitation
projectsshallreportontheprogress of theiractivitiesincludingthe
number of housing units completed and occupied by low-moderate
andlowincome-residents.TheContractorshallalso report
demographic information oneachheadof household.Each goal
and corresponding objective(s),as indicated intheapprovedScope
of Services,must be addressed aspartof this report.
Section II-Fiscal Information:
The Contractor must report expenditure information based on
approved budgeted line items toreflectall costs incurred duringthe
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 ThirdQuarter
Progress Report)-The Contractor shall report toOCED 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 toOCED
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 OCEDthe
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 asa Section in Attachment C,as it may be
revised.This section of the form shall be completed semiannually
by the Contractor and submitted toOCED 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.Failure to 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 CDBG fiscal year of
January 1,2000 through December 31,2000 and shall be received by OCED
no later than January 10,2001.
3.Environmental Review -The Contractor immediately upon locating or
determining a site for each of the "Unspecified Site"activities to be carried
out pursuant to this contract,shall submit information detailing the location
of each site for which a Site Environmental Clearance Statement,will be
prepared as described in Section II,ParagraphE.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
in triplicate as required by Section II,Paragraph I of this contract as set
forth below.
5.Inventory Report -The Contractor shall report annually all nonexpendable
personal andrealproperty purchased withCDBG funds from this and
previous agreements withtheCountyas specified in Section II,Paragraph
Q of this contract.
6.Affirmative Action Plan-The Contractor shall report to OCED information
relativetotheequalityof 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 a long or short term lease.When the legality
of an occupant (individual,family,business,and/or industry)is in question,
the Contractor shall contact the above mentioned unit prior to making a
determination.
Contractors receiving CDBG funds shall adhere to 24 CFR part50 and/or
part 58 and to the rules and regulations of the Uniform Relocation
Assistance and Real Property Acquisition Act of 1970,as amended.
8.The Contractor shall adopt Affirmative Marketing Procedures and
requirements forCDBG assisted projects.These procedures must consist
of actions to provide information and attract eligible persons from allracial,
ethnic and gender groups to the available services.The Contractor shall
annually assess its affirmative marketing program to 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
Part85,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 Clean Air Act of 1970(42 U.S.C.1857 h),as amended;the Federal
Water Pollution Control Act (33 U.S.C.1251),as amended;Section 508 of
the Clean Water Act (33 U.S.C.1368);Environmental Protection Agency
regulations (40 CFR Part 15);and Executive Order 11738.
4.Assurance of Compliance with Section 504 of the Rehabilitation Act -The
Contractor shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by OCED.
5.Americans with Disabilities Act (ADA)of 1990 -The Contractor shall attest
to;and submit the required Disability Non-discrimination Affidavit assuring
compliance with all applicable requirements of the laws listed below
including but not limitedto,those provisions pertaining to employment,
provisions and program 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 withtheCounty's Department of
Business Development.Saidfirms must alsosubmit,asapartoftheir
proposals/bidstobe filed with the Clerk ofthe Board,an appropriately
completedandsigned Affirmative Action Plan/Procurement Policy Affidavit.
Firms whose Boardsof Directors are representative of thepopulation
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make-up of thenationare exempt from this requirement and must submit,
in writing,a detailed listing of their Boards of Directors,showing therace
or ethnicity of each board member,to the County's Department of Business
Development.Firms claiming exemption must submit,as apartof their
proposals/bids tobefiledwith the Clerkof 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.
Itwillbe the responsibility of each firmto 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,42 U.S.C.Section 3601-3631.
G.Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation,only
the conflicting provision shallbe deemed bythe parties hereto to be modified to be
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consistent with the law or regulation or to be deleted if modification is impossible.
However,the obligations under this contract,as modified,shall continue and all
other provisions of this contract shall remain in full force and effect.
H.Construction
If the 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,ata 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.
5.Submit to OCEDall construction plans and specifications and receive
OCED's approval prior to implementation.
6.Contact the OCED representative noted in Section IV,Paragraph Kpriorto
scheduling a pre-construction conference.
In accordance with industry standards,OCEDwillhold10%of the total
grantawardasaretaineruntil the completion of the construction work is
verified by OCED through a Certificate of Occupancy.
Audits and Records
1.The Contractor expending $300,000or more annually infederal awards
shall have a single orprogram specific audit conducted in accordance with
OMB A-133.The Contractor expending federal awards of $300,000 or more
under only one federalprogram may elect to have a program-specific audit
performed,in accordance with OMB A-133.Contractors who willbe
receiving,or who havereceived,federalawardsforloansorloan
guaranteed programs mayberequiredto conduct audits of those programs
in accordance withregulations of thefederal agencies providing those
guarantees or loans.
2.TheContractorexpendinglessthan $300,000 annually in federal awards
shallbe exempt from anaudit conducted inaccordancewithOMB A-133,
althoughtheirrecordsmustbe available forreview(e.g.,inspections,
evaluations).These Contractors are required by OCED tosubmit "reduced
scope"audits (e.g.,financial audits,performance audits).They may
choose insteadofa reduced scopeaudittohavea program audit
conducted foreachfederalawardin accordance withfederallawsand
regulations governing the programs in which they 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 fiscal year
for which federal awards attributable to this contract have been received by
the Contractor.Each audit shall include a fiscal review,which includes a
validation of all program generated income and its disposition,especially
attributable to CDBG funds,an internal control review,and a compliance
review as described in OMB A-133.A copy of the audit report in triplicate
must be received by OCED no later than six (6)months following the end of
the 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 toas "Retention Period")subject to the
limitations set forth below:
a.For all non-CDBG assisted activities the Retention Period shall
begin upon the expiration or termination of this contract.
b.For CDBG assisted public service activities the Retention Period
shall begin upon the dateofU.S.HUD's acceptance of OCED's
annual Grantee Performance Report for the year in which the
activityisreportedas completed.Foreachpublic service activity
the Contractor must retain all contract records except those relating
to real and nonexpendable personal property.
c.Forall other CDBG assisted activities the Retention Period shall
begin upon U.S.HUD's acceptance of OCED'sannualGrantee
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Performance Report in which each assisted activity is reported on
for the finaltime.Forall the CDBG assisted activities covered by
this Section II,Paragraph J.1.C.,the Contractor must retain all
contract records except those relating to real and nonexpendable
personal property.
d.For all CDBG assisted activities,the Retention Period for all
contract records relating to real and nonexpendable personal
property shall begin upon the date of the final disposition of the
property.
2.If the County or the Contractor have received or given notice of any kind
indicating any threatened or pending litigation,claim or audit arising out of
the services provided pursuant to the terms of this contract,the Retention
Period shall be extended until such time as the threatened or pending
litigation,claim or audit is,in the sole and absolute discretion of OCED,
fully,completely and finally resolved.
3.The Contractor shall allow the County,federal personnel,or any person
authorized by the County full access to and the right to examine any of the
contract records during the required Retention Period.
4.The Contractor shall notify OCEDin writing,both during the pendency of
this contract and after its expirations part of the final close-out procedure,
of the address where all contract records will be retained.
5.The Contractor shall obtain written approval of OCEDprior to disposing of
any contract records within one year after expiration of the Retention
Period.
K.Provision of Records
1.The Contractor shall provide toOCED,upon request,all contract records.
These records shall become the property of OCED without restriction,
reservation,or limitation of their use.OCED shall have unlimited rights to
all books,articles,or other copyrightable materials developed forthe
purpose of this contract.These unlimited rights shall include the rights to
royalty-fees;nonexclusive,and irrevocable license to reproduce,publish,
or otherwise use,and to authorize others to use,the information for public
purposes.
2.If the Contractor receives funds from,oris regulated by other governmental
agencies,and those agencies issue monitoring reports,regulatory
examinations,or other similar reports,the Contractor shall provide a copy
of eachreportandanyfollow-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 priorto undertaking
any of the following:
1.The engagement orexecutionofany subcontracts orcontract
assignments,wherein CDBG fundswillbeusedtopayforgoodsor
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services.The contractor must submit all proposed agreement documents
to OCED at least thirty (30)days prior to the start date of the agreement.
2.The addition of any positions not specifically listed in the approved budget.
3.The modification or addition of all job descriptions.
4.The purchase of all nonexpendable personal property not specifically listed
in the approved budget.
5.The disposition ofallreal,expendable personal,and nonexpendable
personal property as defined in Section II,ParagraphQ.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,ParagraphHofthis
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 are in any way connected to the activities undertaken pursuant to
the terms of this contract,and/or to interview any clients employees,
subcontractors,or assignees of the Contractor.Following such inspection or
interviews,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 forth in the report,or provide OCED with a reasonable justification for not
correcting the deficiencies.OCEDwill determine,in its sole and absolute
discretion whether or not the Contractor's justification is acceptable orifthe
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 Part 570.611(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 Office of Community
and Economic Development (OCED)and Community Development Block
Grant(CDBG)forthe support ofall contracted activities.This is to include,
but is not limited to,all posted signs,pamphlets,wall plaques,
cornerstones,dedications,notices,flyers,brochures,news releases,media
packages,promotions,and stationery.All signs used to publicize OCED
contracted activities must be approved by OCED prior to being posted and
must also meet the standard specifications as established byOCED.The
use of the official Miami-DadeOCED 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 shallbe painted and
lettered in accordance with professional outdoor sign painting standards
astolayout,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 typicalprojectsign
placement diagramorasdirectedby the engineer.Allmaterialsshallbe
providedbythe Contractor and the signs shallremainin the property of the
Ownerat the completion of the contract.NOWORKSHALL COMMENCE
UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE.THE SIGNS SHALL
BE IN ACCORDANCE WITHTHE DETAIL SHOWN IN ATTACHMENT F.For
thisproject signs will be required.Payment for furnishing,installing and
maintaining the signshallbe under thebid amount for mobilization.
P.Procurement
The Contractor must take affirmative steps to procure supplies,equipment,
construction,or services to fulfill this contract fromminorityand women's
businesses,andtoprovidethese sources themaximumfeasible opportunity to
compete for subcontracts tobe procured pursuanttothis contract.To the
maximum extent feasible,these businesses shallbelocatedinor owned by
residentsoftheCommunityDevelopmentareasdesignatedby 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
serviceareasbe provided withopportunitiesforemploymentandtrainingin
contracted activities.
In conformance withSection3oftheHousingandCommunityDevelopmentActof
1968,the Contractor must direct federal financial assistance toward Target Area
residents and ensure thatemploymentand economic opportunitiesbegivento low
and very low-income persons,particularly thosewho are recipients of government
assistance for housing according tothe guidelines mentioned below:
1.In conformance with Section 3 of the Housingand Community
Development Actof 1968,the Contractor mustdirect federal financing assistance
towards 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 according tothe guidelines
mentioned below:
A.The work tobe performed under this contract is subject to the requirements of
section 3ofthe Housing and Urban Development Actof 1968,as amended,12
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U.S.C.170lu (section 3).The purpose of section 3 is 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 in24CFR part 135,and agrees to take
appropriate action,as provided inan applicable provision of the subcontract or in
this section 3 clause,upon a finding that the subcontractor isin violation of the
regulations in24CFRpart 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 24CFRpart135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24CFR 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 shallbe given toIndians,and (ii)
preference in the award of contracts and subcontracts shall be given toIndian
organizations and Indian-owned Economic Enterprises.Parties to this contract
that are subject to the provisions of section 3and section 7(b)agree to comply
with section 3to 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 of a
nonconsumable nature,with a value of $500 or more per item,with
a normal expected life of one or more years,not fixed in place,and
not anintegralpart 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 realproperty under the Contractor's control that was acquired
orimprovedinwholeorinpartwith CDBG funds receivedfrom
OCED in excess of $25,000 shall be either:
1)Usedto meet one of the three (3)CDBG national objectives
requiredbyand defined in24CFRPart570.208forfive (5)
yearsfollowing the expiration or termination ofthis
contract,orfor 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 forfive(5)years following the
expiration or termination of this contractor such longer
periodas determined byOCED-thenthe Contract orshall
payto OCED an amount equalto the market value of the
propertyasmaybedeterminedby OCED initssoleand
absolute discretion,less any proportionate portion of the
valueattributable to expenditures of non-CDBG funds for
acquisition of,or improvement to,theproperty.
Reimbursement is not required after the period of time
specified inParagraph Q.2.a.1.f above.
b.Any real property underthe Contractor's controlthatwas acquired
or improved inwholeorin part with CDBG funds from OCED for
$25,000 orlessshallbe disposed of,attheexpirationortermination
of this contract,in accordance with instructions from OCED.
c.All real property purchasedinwholeorinpartwithfunds from this
andpreviouscontractswith OCED,ortransferredtothe 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 shall be submitted to OCED when and as
requested by OCED.This report shall 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 annually by the Contractor andan inventory report shall
be submitted to OCED when and as requested by OCED.The
inventory report shall include the elements listed in Paragraph
Q.3.a.,above.
c.Title (ownership)toall nonexpendable personal property purchased
in whole or in part with funds given to the Contractor pursuant to
the terms of this contract shall vest in the County and OCED.
4.The Contractor shall obtain theprior written approval fromOCEDforthe
disposition of realproperty,expendable personal property,and
nonexpendable personal property purchased in whole orinpartwith funds
given to the Contractor or subcontractor pursuant to the terms of this
contract.The Contractor shall dispose of all such property in accordance
with instructions from OCED.Thoseinstructions may require the returnof
all such property to OCED.
R.Program Income
1.Program income as defined in24CFRPart 570.500 means gross income
receivedby the Contractordirectly generated fromactivities supported by
CDBG funds.When program income is generated byan activity thatisonly
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partially assisted with CDBG funds,the income shall be prorated to reflect
the percentage of CDBG funds used.
2.If the Contractor generates program income,the Contractor may retain the
program and use itfor costs that arein addition to the approved costs of
this contract,provided that such costs specifically further the objectives of
this contract.These additional costs need not be of a kind that would be
permissible as charges to this contract.However,the Contractor shall not,
under any circumstances,use program income to payfor charges or
expenses that are specifically not allowed pursuant to the terms of this
contract and applicable federal regulations or rules or any County rules or
ordinance.
a.The Contractor shall comply with the program income provisions in
OCED's Contract Compliance Manual.If any program income
provisions of the Contract Compliance Manual conflict withany
program income provisions of this contract,the provisions of this
contract shall rule.
b.The Contractor shall report toOCEDall cumulative program income
generatedfromactivitiesfinancedinwholeorinpartbyfunds 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 Contractor shall report program income foraslong as it
receives and/or has control over program income generated from
this andany previous contracts with OCED.
d.The Contractorshallprovideto OCED a written explanation of the
activitiestobe assisted withprogram income andshallobtain
OCED's writtenapproval prior toimplementing those activities.All
provisionsofthiscontractshallapplytoanyactivity performed
using program income.
e.Subject tothelimitations set forthin this paragraph,the Contractor
may use program income tofundany CDBG eligibleactivityas
provided for and defined by 24CFRPart570 et seq.
f.Program income from a revolving loan activity must beused only
for the same revolving loan activity.
g.Program income from a revolving loan activity,suchas loan
repayments,interest earned,late fees,andinvestment income,shall
be substantially disbursedto 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 loan activities shall be
substantially disbursed to carry out other OCED approved CDBG
eligible activities,andto cover 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,as part of the required audit report,
validation by a certified auditor of all program generated income
and its disposition.
3.Upon expiration or termination of this contract orat the end of any program
year,the Contractor shall transfer to the County any program income funds
on hand,and any program income accounts receivable attributable to any.
CDBG funded activities.OCED may require remittance of all or part of any
program income balances (including investments thereof)held by the
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 withall requirements and regulations specified inOCED'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 itsprice
component;
e.Incorporateaprovisionrequiring compliance with all applicablea
regulatoryandother requirements of this contract andwithany
conditions of approval that the County orOCED deem necessary.
Thisappliesonlytosubcontractsand assignments inwhich parties
areengagedto carry outany eligible substantive programmatic
service,asmaybedefinedby OCED,set forth in this contract.
OCED shall in its sole discretion determine when services are
eligible substantive programmatic services and subjecttothe audit
and record-keeping requirements described above,and;
f.Incorporate the language ofAttachment E,"Certification Regarding
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 OCED prior 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 paidfor those expenses allowed pursuant tothe
provisions provided below only when the Contractor submits toOCED
adequate proof,as determined by OCED inits sole discretion,thatthe
Contractor has incurred the expenditures.Itshall be presumed thatthe
Contractor has provided adequate proofofhaving incurred expenses ifthe
Contractor submits toOCED 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
inwritingandfurnish copies of those documents toOCED.TheContractor
must adequately justify their absence inwritingandfurnish copies of those
documents toOCED.The Contractor shall bepaid only for those
expenditures contained within Attachment B,"Budget,"to this contract as
it may be revised with the prior written approval byOCED.
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2.Requests for payment shall be assembled by calendar month and
submitted to OCED no less frequently than monthly.Failure to 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
failsto 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 oris terminated,
the Contractor shall provide toOCEDa list of all invoices and costs that
relate to this contract's approved Budget and that have not been submitted
toOCED.Any invoice received by OCED,subsequent to receipt of this list
byOCED 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 paidto the Contractor which have not been used toretire
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 infull by the County.
W.Reversion of Assets
The Contractor shallreturnto OCED,upon the expiration or termination of this
contract,all assets owned orheldasa result of this contract,including,but not
limitedtoanyfundsonhand,anyaccountsreceivable attributable to these funds,
mortgages,notes,andother collateral,andany overpayments dueto unearned or
costs disallowed pursuant totheterms of this contract thatwere disbursed tothe
Contractor by the County.The Contractor shall,within thirty days of expiration or
termination of this contract,execute anyandall documents as required bythe
Countytoeffectuatethe reversion ofassets.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,topayfor 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 bepaidby the County.
3.This contract may,at the sole and absolute discretion of the County and
OCED,remainin effect during anyperiod 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 tothe Contractor ifthis contract has expired or been terminated.
B.Suspension
1.OCEDmay,for reasonable causes,temporarily suspend the Contractor's
operations and authority to obligate funds under this contract orwithhold
payments tothe Contractor pending necessary corrective actionbythe
Contractor or both.Reasonable cause shall be determined by OCED inits
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 bythe Contractor to comply with any termor provision of
this contract;
c.Failureby 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 ofa 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 partorall of the activities funded by this
contract.
3.OCEDwill notify the Contractor of the type of action to be taken in writing
by certified mail,return receipt requested,orin person withproofof
delivery.The notification will include the reason(s)for such action,the
conditions of the action,andthe necessary corrective action(s).OCED will
give the Contractor reasonable opportunity torectifyany action orinaction
referenced above.
C.Termination
1.Termination at Will
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This contract,inwholeorinpart,may be terminated byOCED upon noless
than ten (10)working days notice when OCED determines that it would be
in the best interest of OCEDand 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 partiesagree
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 afunding short-fall,ora reduction infederal 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,returnreceipt requested,orin person withproof of delivery.OCED
shall be the final authority in determining whether or not funds are
available.OCED mayatits discretion terminate,renegotiate and/oradjust
the contract award,whichever is in the best interest of the County.
4.Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of theallocation to the
Contractor through Board of County Commissioners action,the Contractor
may,atitsdiscretion,requestinwritingfrom the Director of OCED a
release fromitscontractual obligations to the County.TheDirectorof
OCEDwillreview the effect of the request on the community andthe
County prior to making afinal determination.
5.Termination for Breach
OCED mayterminatethiscontract,inwholeorinpart,when OCED
determines,in its sole and absolute discretion,that the Contractor is not
making sufficient progress thereby endangering the ultimate contract
performance,orisnotmaterially complying with any termor provision of
this contract.
Unless the Contractor's breach is waived by OCEDin writing,OCEDmay,
bywrittennoticetothe Contractor,terminatethiscontractuponnoless
thantwenty-four (24)hoursnotice.Saidnoticeshallbedeliveredby
certified mail,returnreceipt requested,orinpersonwithproof of delivery.
Waiver of breachofanyprovisionof this contractshajlnotbedeemedto
beawaiver of anyotherbreachandshallnotbe construed tobea
modification of the terms of this contract.The provisions hereindo not limit
OCED's right to legalor equitable remedies.
6.Penalties forFraud,Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County,Section 2-8.4.1,any
individualor corporation orotherentitythatattemptstomeetits
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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 or cancel any other contracts with such
individual or subcontracted entity it has with the County.Such individual
or entity shall be responsible forall direct and indirect costs associated
with such termination or cancellation,including attorney's fees.
The foregoing notwithstanding,any individual or entity who attempts to
meet its contractual obligations with the County through fraud,
misrepresentation ormaterial misstatement may bedisbarredfromCounty
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 up to thedate
and time of termination.
D.Renegotiation or Modification
Modificationsof provisions of this contract shallbevalid only when inwritingand
signed byduly authorized representatives of each party.Theparties agree to
renegotiate this contract if OCED,inits sole and absolute discretion determines
that federal,state,and/or County revisions of any applicable lawsor regulations,or
increases or decreases in budget allocations make changes in this contract
necessary.OCED shallbethe final authorityin determining whetherornotfunds
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 to obtain such waiver
from the appropriate authority.Waiver requests from the Contractor shall be in
writing.Any waiver shall not be construed to be a modification of this contract.
OCED'sfailureto exercise any of its rights under this contract orOCED's waiver of
a provision on any one occasion shall not constitute a waiver of such rights or
provision onany other occasion.Nofailureor delay by OCEDin the exercise of any
right shall operate as a waiver.
F.Budget Revisions and Changes to the CDBG Eligibility Activity Title
1.Revisions to the Budget (Attachment B)shall be requested in writing and
must comply with OCED's Contract Compliance Manual.These revisions
shall not require a contract amendment unless the amount of this contract
is changed or unless otherwise required by OCED.All budget revisions
shall require the written approval of OCED.
2.Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Contractor be rescinded
by action from the Board of County Commissioners,written notification via
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certified mail to the Contractor advising of the funding reduction shall be
sent by OCEDnolater 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 andthe
recommendation of OCED,to the County Manager for determination.The County
Manager,oran authorized representative,will issue a determination within thirty
(30)calendar days of receipt and so advise OCED and the Contractor orinthe
event additional time is necessary,OCEDwill notify the Contractor within the thirty
(30)dayperiod 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
onlyandshall not affect inanywaythe meaning or interpretation of this contract.
I.Minority Participation
In order togaingreaterBlack business participation,the Contractor may submit its
contracts to the County Managerfor bidding and awardin accordance with County
policies and procedures.
J.Proceedings
This contract shall be construed in any manner pertaining orrelating to this
contract shall,to the extent permitted bylaw,beheldinMiami-DadeCounty,
Florida.
K.Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order3-20,the Contractor isaware
thattheCountyhasthe right to retain theservicesofanIndependent Private
Sector Inspector General (hereinafter "IPSIG"),whenevertheCountydeemsit
appropriate todoso.Upon written notice from the County,the Contractor shall
make available tothe IPSIG retained bytheCounty,all requestedrecords and
documentation pertaining tothisAgreementforinspectionandreproduction.The
Countyshallberesponsible for thepaymentof these IPSIG services,andunderno
circumstance shalltheContractor'spricesandany changes thereto approvedby
theCounty,beinclusiveofanychargesrelatingto 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 Article shall not impose any liability on the County
by the Contractor or any third party.
L.Notice and Contact
OCED's representative for this contract isDavid 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 willbe 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 liablefor the
responsibilities,obligations,services and representations herein,norany
assignee,successor,heir or personal representative of the Contractor,
subcontractor or any such other person or entity shall seek ajurytrialinany
lawsuit,proceeding,counterclaim orany 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 ajury
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.
Noparty has in any way agreed withor 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 andSignage)contain ail
the terms and conditions agreed upon by the parties.
24 of 25
\
IN WITNESS THEREOF,the parties hereto have caused this twenty-five (25)page contract to be
executed by their undersigned officials as duly authorized,this day of 2000 .
CONTRACTOR:
CITY OF SQUTJ4 MIAMI
BY:14s.
NAME:Charles D.Scurr
TITLE:City Manager
DATE:
Cfrr?
(Signature)
Type of Print Name
BY:KWfo/lMlftl
v (Signature)
Jfype
mm
ofPrirint 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:ParksafetyimprovementsatMarshallWilliamsonParkin South Miami
HUD Matrix Code/Title (Eligibility):03FParks,Recreational Facilities
570.201(c)-Public Facilities
Accomplishments:Onepublicfacility
Funding Source:FY 2000 CDBG
National Objective:570.208(a)(1)-Low/Moderate Area
Location:6125 SW 68th Street,South Miami,Florida
Objective:ImprovesafetyandsecurityandreducecrimeintheMarshallWilliamsonPark
throughlandscapingimprovementsandtheinstallation of securitylighting.
Action Steps Quarter of Completion
1.Conductpublicworkshopforcommunityinvolvement 1st Quarter
2.Secure environmental clearance for site 1st Quarter
3.Preparebidspecifications 1stQuarter
4.Advertiseprojectandselectgeneralcontractorfor landscaping 2ndQuarter
5.Begin landscaping improvements 2ndQuarter
6.Complete landscaping improvements 3rd Quarter
7.Begin lighting improvements 3rd Quarter
8.Complete lighting improvements 4th Quarter
Page1 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
$0
$0
$0
$50,000
$50,000
Attachment B
*OTHER
FUNDS
$0
$0
$0
$0
TOTAL
FUNDS
$0
$0
$0
$0
$50,000 $100,000
$50,000 $100,000
*Other funds represent FY 1999 CDBG allocation extended to June 30,2000
Page1 of2
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 $0
94113 Const.Cost -Architect $0
94212 Other Const.Costs -Admin.$2,000
95030Special Equipment -TotLot$45,000
99130Lighting-New&Improvements$3,000 $20,000 $23,000
$25,000 $25,000
$5,000 $5,000
$0 $2,000
$0 $45,000
TOTAL $50,000 $50,000 $100,000
Page2 of2