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09-01-09 Item 4CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via: W. Ajibola Balogun, City Manager ' From: Carol M. Aubrun, Grants Writer and Administrator Date: September 1, 2009 Agenda Item No.: South Miami hiftmi AO- Amedca eny 1 I I I r zoos 4 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC CENTER (SWIMMING POOL) CONSTRUCTION, THEREBY INCREASING THE AMOUNT OF FUNDING FROM $556,911.00 TO $756,911; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the City Manager to execute a grant amendment with Miami -Dade County's Office of Community and Economic Development for Murray Park Swimming Pool Construction. Background: In 2004, the City of South Miami conducted a feasibility study for a pool facility. The study concluded with several options for a pool to be located at the Bethel Gibson Community Center (Murray Park) within the Community Redevelopment Area. The project was added to the City's Capital Improvement Plan, which is adopted annually by the City Commission. The City has completed and .submitted two (2) applications for funding to Miami -Dade County's Office of Community and Economic Development (OCED) for Pool Design and Construction, respectively. During 2008, the City was awarded funding for the design phase of the project in the amount of $276,000.00. Subsequently through the 2009 Action Plan process, the City has been awarded a grant in the amount of $556,911.00 for the construction phase of the project. Recently, the City has been contacted by OCED for a pending contract award amendment for an additional $200,000.00, which stems from the OCED Community Advisory Committee (CAC). The CAC is allocating their prior years' allocation to the project bringing the total award amount to $756,911.00. The attached. resolution will allow the City Manager to execute the grant agreement amendment with OCED for the swimming pool Construction. Cost: N/A Funding Source: Office of Community and Economic Development Backup Documentation: ❑ Proposed Resolution ❑ Amendment Documents ❑ Notification Letter ❑ Previous Resolution, Existing Contract Packet & Feasibility Study 13 RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT AGREEMENT AMENDMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC CENTER (SWIMMING POOL) CONSTRUCTION, THEREBY INCREASING THE AMOUNT OF FUNDING FROM $556,911.00 TO $756,911.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami was awarded a grant for swimming pool Construction Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the City of South Miami is being awarded an additional $200,000.00 from Miami - Dade County's Office of Community and Economic Development for the Swimming Pool Construction Phase through a grant agreement amendment; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County Office of Community and Economic Development for Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from $556,911.00 to $756,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County's Office of Community and Economic Development for Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from $556,911.00 to $756,911.00. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Include File Name and Path day of APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Newman: Commissioner Palmer: Commissioner Sellars: �COCINTY Community & Economic Development 701 N.W. 1st Court • 14th Floor Miami, Florida 33136 T 786 -469 -2100 F 786 - 469 -2236 miamidade.gov Carlos Alvarez, Mayor August 3, 2009 Mr. W. Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Amendment One to the FY 2009 CDBG Contract - $756,911 (Murray Park Aquatic Center — Construction Phase 1) Dear Mr. Balogun: This letter accompanies the Amendment to the FY 2009 Community Development Block Grant (CDBG) contract between your agency and Miami -Dade County. That agreement covers the $756,911 award that the Board of County Commissioners approved for your agency's Individual Development Accounts activity on October 27, 2008 through Resolution #1127 -08 and July 2, 2009 through Resolution #R- 914 -09. The individual authorized legally by your agency's Board must sign and date all seven counterparts and the Certification Regarding Lobbying form included in each contract. Do not date the sentence that begins "IN WITNESS THEREOF, the parties hereto..." This will be completed by OCED. Your organization's corporate seal must be affixed to all copies returned to OCED. You must return six of the seven contract copies to your current Contracts Officer, Letitia S. Goodson, by August 10, 2009. Please ensure that you meet that deadline to prevent any delays in the execution of your agency's agreement or the processing of payments for the expenditures of your projects. Also, note that to enable the County to release the funds for the grant award, your agency must provide the following information: 1. Envrionmental Review Submit those documents along with the signed agreements to our office by August 10, 2009. The following items contain the federal and OCED regulations, policies, and procedures that apply to your agency's agreement:. X Contract Compliance Manual X OMB A -122 X Revised CDBG Regulations (24 CFR Part 570) X OMB A -133 X OMB A -110 X F.S. 607.124 Contract Transmittal — City of South Miami (Murray Park Aquatic Center — Construction Phase 1) Amendment One to the CDBG FY 2009 Contract Page 2 Please be mindful of the updated contract terms, Paragraph W. Subcontracts and Assignments which states the following: The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https: / /www.epls.govi Awardee shall provide to OCED a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami -Dade County's debarred Contractor's List; Awardee shall, at a minimum, check at miamidade .govlsbalreports.debarment to determine if a person or entity is on Miami -Dade County's debarred contractor's list. Awardee shall provide OCED with a printout copy of the site page that indicates the name and the date it was checked. If you have any questions regarding the agreements or the project's budget, contact Ms. Goodson at (786) 469 -2220. . incerely,�� Sonia Colon Team Leader Project Management Unit SC:Isg Enclosures (7) Cc: Central File- FY 2009 CDBG — City of South Miami (Murray Park Aquatic Center — Construction Phase 1) AMENDMENT ONE TO THE FY 2009 CDBG CONTRACT BETWEEN THE OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT AND CITY OF SOUTH MIAMI This agreement entered into between Miami -Dade County, hereinafter referred to as the "County" and Name of Agency, hereinafter referred to as the "Awardee" executed on City of South Miami, is amended as follows: Paragraph IV. The Awardee and OCED Agree: A. Effective Date: 1. This agreement began on January 1, 2009. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This agreement shall now expire on December 31, 2010. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additional time period during which the Awardee remains in control of the CDBG funds or other assets, including Program Income to support CDBG eligible activities. Any extension made pursuant to this paragraph shall be accomplished by writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This amendment shall reflect a new total of $756,911.00. 4. This agreement may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph Y, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. The effective date for this amendment is June 30, 2009. Except for any changes enumerated above, all provisions of the contract shall remain in full force and effect. This Amendment and all its attachments are hereby made a part of the Agreement. Murray Park Aquatic Center— Construction Phase I Contract Date: 1101109 — 12/31110 IN WITNESS THEREOF, the parties hereto have caused this two (2) page amendment to be executed by their undersigned officials as duly authorized, this day of 2009. AWARDEE: MIAMI -DADE COUNTY City of South Miami BY: BY: NAME: NAME: Carlos Alvarez TITLE: Mayor TITLE: City Manager DATE: NAME TITLE: DATE Witnesses: BY: ATTEST BY: TITLE: Clerk, Board of County Commissioners (Signature) Reviewed by the Miami Dade County Attorney for Legal Suffciency Type or Print Name BY: (Signature) Type or Print Name Federal ID Number: 59- 6000431 Resolution #: R- 1127 -08 and R- 914 -09 Awardees' Fiscal Year Ending Date: 9/30 CORPORATE SEAL: AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH.PARTIES 2 1N ATTACHMENT A •CQUNTY City of South Miami CDBG FY 2009 Scope of Services January 1, 2009 — December 31, 2010 ACTIVITY TITLE: Murray Park Aquatic Center — Construction Phase I 2. - ACTIVITY DESCRIPTION: Capital Improvements — Public Facility 3. - APPROVED BY BCC: $756,911 4. - SOURCE: CDBG 2009 5. - HUD INFORMATION: 5a. — HUD matrix code: 03F 5b. — Title: Neighborhood Facilities 5c. — Eligibility 570.201(c) 6. - ACCOMPLISHMENTS: 6a. — Number of Units: 1 6b. — Type: Facility 7. - NATIONAL OBJECTIVE: 570.208(A)(1) — Low/Mod. Income Area (LMA) S. - ACTIVITY ADDRESS: 5800 S.W. 66'h Street (Murray Park) Miami, Florida 33143 9. - LOCATION: City of South Miami ➢ CO: Letitia Goodson PLANNER: Winston Parkinson !u U) g W m Ei' xr: c�W MIT! U z5,,,,,,,;: 4. s D J F w'A: w R oS x� w = U U OJ Sg r taY J. Q ° Q z dt & Fj (L D tLj 7 W W i K U a a N } z x, ' xaP. R {` �2yj FAO w:. IC m N o 0 w QO O z gwry sr a a w o p Dw ;- p w O U a U } is uvi b' z U O K tjj W Z V tq p 0 Z Wr ca V ¢ w > rsi r; Z O W 2 W ¢ tW� O W K p W a �- Z w U QW O a h ' a� m to U O W> Z U ZZ s '. Q U o Z J f= 4a n 1 w Z u¢ O, ti w. U p .1 Z k W = LL '� w K p (Zg U1 I W `= .I N C �' C O J R¢ vl U ° W a ti C c. c7 iri z N t 0 0 2 Y O O W V O U> O O O y W W W C7 O ro W O O Z E. W j opyZer N k I lit! h O x 2 U W it W U O au_ Z T ti tq u z O O U O W o z �� U LLp� w��oQ: crwa,� LL oo, ZO ¢ �WLL z� o oU w °cwi to °z�o�o w F c� =O c� F¢y ¢ O v ¢~h 02 g r U Z N? C9 Z 2 ° V ¢ �¢¢ U Oti U W `[ - Z 2 w Q O z Wi V U y a Hai >ork ��u� k U �k� °o° z �C Q e�' O W O� zaoe�� O U q R J y�aW ¢ W O O oo�¢f� q W W m �` 4 Ui- ��4��2� Z C7 m W X11 0 O'' U Q U rn + W U K 2 ¢ a ... O W 0 U C O co W",,,. O o U Q U. r- a Q Q a1 to .: °° U¢ m W O O h ; Q q � z r p ITm'.a �? N poll, („ W #fir m tier U v 4 > z F w x = w 7 U N y = Q Oz z D wy" { w w ~ W ~ W My z i Attachment B CITY OF SOUTH MIAMI Murray Park Aquatic Center Construction - Phase I CDBG FY 2009 SUMMARY BUDGET JANUARY 1, 2009 — DECEMBER 31, 2010 PRIOR YEAR FY 2009 FY 2009 NON -OCED FUNDING (Pool CATEGORIES Design) CD535C08CI Plan Amendment FUNDING TOTAL I. Personnel $16,363 $14,500 $0 $0 $30,863 II.Contractual Services $259,637 $40,500 $0 $0 $300,137 III.Operating Services $0 $0 $0 $0 $0 iv. Capital Outlay $276,000 $501,911 $200,000 $50,000 $1,027,911 TOTAL BUDGET $276,000 $556,911 $200,000 $50,000 $1,358,911 SOURCES OF OTHER FUNDING CRA TOTAL AMOUNT $50,000 Attachment B CITY OF SOUTH MIAMI, INC CQBG FY 2009 Murray Park Aquatic Center Construction - Phase I DETAIL BUDGET January 1, 2009 thru December 31, 2010 4090 Fringe Senents FICA sala X7,65% $ - $ 1,000 $ - $ 1,000 $ 1,000 Sub -Total Fringe $ - $ 1,000 $ $ 1,000 $ 1,000 Total Personnel $ $ 14,500 $ - $ 14,500 $ 14,500 contractual services $ 21011 External Audit $ - $ $ 21012 Environmental Audit $ - $ 40,500 $ 40,500 21030 Other Professional- -Svc Const M mt $ - $ 40,500 $ 21030 Other Professional Svc $ $ 22350 Bottled Water $ - $ 25330 Rent Copier $ $ 25511 Building Rental $ $ Total Contractual $ $ 40,500 $ 40,500 $ 40,500 operatinq Expenses $ 31011 Telephone Regular $ - $ _ 31011 Telephone Long Distance $ - $ _ 31610 Postage $ $ _ 31420 Advertising Radio $ $ Total Operating Expenses $ - Commodities $ _ 31510 Outside Printing $ - $ _ 95020 Computer Purchase $ $ _ 47010 Office Supplies/ Outside Vendors $ $ Total Commodities $ - Capital Outla 90 Construction $ 50,000 $ 501,911 $ 200,000 $ 701,911 $ 751,911 Infrastructure Improvements $ - Total Capital Outlay $ 50,000 $ 501,911 $ 200,000 $ 756,911 $ 751,911 TOTAL BUDGET $ 50,000 1 $ 556,911.00 $ 200,000.00 $ 756 911.00 1 $ 806,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING CRA $50,000 PP N Non -OCED O OCED O OCED T Total OCED T Total All Sources CD535C08C1 P Plan Amendment 4090 PERSONNEL- Employee Regular- Salaries Public Works Director $ $ $ $ 7,000 $ $ - $ $ 7 000 $ $ 7,000 Fringe Senents FICA sala X7,65% $ - $ 1,000 $ - $ 1,000 $ 1,000 Sub -Total Fringe $ - $ 1,000 $ $ 1,000 $ 1,000 Total Personnel $ $ 14,500 $ - $ 14,500 $ 14,500 contractual services $ 21011 External Audit $ - $ $ 21012 Environmental Audit $ - $ 40,500 $ 40,500 21030 Other Professional- -Svc Const M mt $ - $ 40,500 $ 21030 Other Professional Svc $ $ 22350 Bottled Water $ - $ 25330 Rent Copier $ $ 25511 Building Rental $ $ Total Contractual $ $ 40,500 $ 40,500 $ 40,500 operatinq Expenses $ 31011 Telephone Regular $ - $ _ 31011 Telephone Long Distance $ - $ _ 31610 Postage $ $ _ 31420 Advertising Radio $ $ Total Operating Expenses $ - Commodities $ _ 31510 Outside Printing $ - $ _ 95020 Computer Purchase $ $ _ 47010 Office Supplies/ Outside Vendors $ $ Total Commodities $ - Capital Outla 90 Construction $ 50,000 $ 501,911 $ 200,000 $ 701,911 $ 751,911 Infrastructure Improvements $ - Total Capital Outlay $ 50,000 $ 501,911 $ 200,000 $ 756,911 $ 751,911 TOTAL BUDGET $ 50,000 1 $ 556,911.00 $ 200,000.00 $ 756 911.00 1 $ 806,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING CRA $50,000 contractual services $ 21011 External Audit $ - $ $ 21012 Environmental Audit $ - $ 40,500 $ 40,500 21030 Other Professional- -Svc Const M mt $ - $ 40,500 $ 21030 Other Professional Svc $ $ 22350 Bottled Water $ - $ 25330 Rent Copier $ $ 25511 Building Rental $ $ Total Contractual $ $ 40,500 $ 40,500 $ 40,500 operatinq Expenses $ 31011 Telephone Regular $ - $ _ 31011 Telephone Long Distance $ - $ _ 31610 Postage $ $ _ 31420 Advertising Radio $ $ Total Operating Expenses $ - Commodities $ _ 31510 Outside Printing $ - $ _ 95020 Computer Purchase $ $ _ 47010 Office Supplies/ Outside Vendors $ $ Total Commodities $ - Capital Outla 90 Construction $ 50,000 $ 501,911 $ 200,000 $ 701,911 $ 751,911 Infrastructure Improvements $ - Total Capital Outlay $ 50,000 $ 501,911 $ 200,000 $ 756,911 $ 751,911 TOTAL BUDGET $ 50,000 1 $ 556,911.00 $ 200,000.00 $ 756 911.00 1 $ 806,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING CRA $50,000 operatinq Expenses $ 31011 Telephone Regular $ - $ _ 31011 Telephone Long Distance $ - $ _ 31610 Postage $ $ _ 31420 Advertising Radio $ $ Total Operating Expenses $ - Commodities $ _ 31510 Outside Printing $ - $ _ 95020 Computer Purchase $ $ _ 47010 Office Supplies/ Outside Vendors $ $ Total Commodities $ - Capital Outla 90 Construction $ 50,000 $ 501,911 $ 200,000 $ 701,911 $ 751,911 Infrastructure Improvements $ - Total Capital Outlay $ 50,000 $ 501,911 $ 200,000 $ 756,911 $ 751,911 TOTAL BUDGET $ 50,000 1 $ 556,911.00 $ 200,000.00 $ 756 911.00 1 $ 806,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING CRA $50,000 Commodities $ _ 31510 Outside Printing $ - $ _ 95020 Computer Purchase $ $ _ 47010 Office Supplies/ Outside Vendors $ $ Total Commodities $ - Capital Outla 90 Construction $ 50,000 $ 501,911 $ 200,000 $ 701,911 $ 751,911 Infrastructure Improvements $ - Total Capital Outlay $ 50,000 $ 501,911 $ 200,000 $ 756,911 $ 751,911 TOTAL BUDGET $ 50,000 1 $ 556,911.00 $ 200,000.00 $ 756 911.00 1 $ 806,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING CRA $50,000 Capital Outla 90 Construction $ 50,000 $ 501,911 $ 200,000 $ 701,911 $ 751,911 Infrastructure Improvements $ - Total Capital Outlay $ 50,000 $ 501,911 $ 200,000 $ 756,911 $ 751,911 TOTAL BUDGET $ 50,000 1 $ 556,911.00 $ 200,000.00 $ 756 911.00 1 $ 806,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING CRA $50,000 TOTAL BUDGET $ 50,000 1 $ 556,911.00 $ 200,000.00 $ 756 911.00 1 $ 806,911 SOURCES OF OTHER TOTAL AMOUNT FUNDING CRA $50,000 MIAMI -DADE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ❑ CDBG ❑ HOMELESS (SRO /SHP) 2. Indicate Fiscal Year: FY 20 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: ❑ HOME ❑ HOPE VI ❑ EDI ❑ BEDI 5. Location Address with Ci , ST and Zip) of Activit or Project: 6. Site Folio Number(s): 7. Commission District(s): n n!.._ _a n__a__a :_1_...�_a7,..,. ..[ L... r. /..rn n4 rnninionf• U. Lilluvl VVI1lGVl II IIVI1llu uvl. v •••y•v Name: Address: City: State: Zip: Phone: Fax: Form Revised 10112107 9. Detailed description of activity or project: 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11. What is the status of activity or project? For example, Pre - Development Phase, Rehab /Construction Underway, Rehab /Construction Completed, etc. Part II. PROJECT OUTCOME Will the activity or project result in the following? YES NO 1. Change in use 2. Sub - surface alteration (i.e. excavations) 3. New construction 4. Renovation or demolition 5. Site improvements (utilities, sidewalk, landscaping, storm drainage parking areas, drives; etc. 6. Building improvements (windows, doors, etc.) 7. Displacement of persons, households or business 8. Increase in population working or living on site 9. Land acquisition 10. Activity in 100 -year floodplain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. 12. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc) 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. Street improvements 16. The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water). 2 Part III. SITE SPECIFIC INFORMATION 1, Land Use: Describe the existing and proposed land use: • Existing? • Proposed? 2. -Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one (1) acre or more? ❑ YES ❑ NO If yes a site plan must be provided Proiect(s) will not be environmentally reviewed without a site plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ YES ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots. 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)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES " ❑ NO 3 If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? In addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste /landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? ❑ YES ❑ NO 6. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ N0. If yes, please submit the results. • Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO If yes, please submit the results. 4 7. Other Site Information: Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the- property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1St Court o 14th Floor Miami, Florida 33136 5 YES NO 1. Flood insurance required? 2. Public water available on site? 3. Public sewer available on site? 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste disposal facility? 6. Storage of hazardous materials on site? 7. Abandoned structures on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the- property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1St Court o 14th Floor Miami, Florida 33136 5 TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST ** CEST * ** EA * * ** Economic Development Notice /No Notice /No RROF (No Statutory FONSI and New Construction RROF RROF Requirement Triggered) X Rehab X1 X2 Non - Construction /Ex ansion . X Publish N01 /RROF Housing (Statutory Requirement Single Family Rehab X Multi- Family Rehab X1 X2 New Construction X Homeownership Assistance X Affordable Housing Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X1 X2 Infrastructure X1 X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice /No Publish Triggered Statutes Notice /No Notice /No RROF (No Statutory FONSI and RROF RROF Requirement Triggered) N01 /RROF Or Publish N01 /RROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30 -45 Days 30 -45 Days 45 -90 Days 90 Days Triggered Statutes Minimum X1 If for continued use and change in density (or size) of less than 20% X2 Change in density (or size) of more than 20% * Exempt Exempt Activities ** CENST Categorically Excluded and Not Subject to 58.5 * ** CEST Categorically Excluded Subject to 58.5 * * ** EA Environmental Assessment (Format II) r; ;MIJ r Carlos Alvarez, Mayor July 21, 2009 Mr. W. Ajibola Balogun, City Manager City of South Miami. 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. 1st Court • 14th Floor Miami, Florida 33136 T 786 - 469 -2100 F 786 - 469 -2236 Re: FY 2009 Community Development Block Grant Funds (CDBG) Program Dear Mr. Balogun: miamidade.gov Congratulations! On Tuesday, June 30, 2009 the Board of County Commissioners (BCC) approved an Amendment to the Office of Community and Economic Development's (OCED) FY 2008 -20102 Consolidated Action Plan. The action involved the reprogramming of CDBG and HOME funds for the years FY 2008 and FY 2009. The details of your award are as follows: Activity Title: Category: Source: Approved Amount: and Activity Title: Category: Source: Approved Amount: Murray Aquatic Center Capital Improvement CDBG 2008 $100,000 Murray Aquatic Center Capital Improvement CDBG 2009 $100,000 In an effort to initiate the contract/amendment preparation and execution process, please fill out and return the following documents and your agency's resolution accepting the funding (see enclosed samples) by Friday, July 24, 2009: • Detailed and summary budgets as per format provided; • Scope of services as per format provided; Please be advised that prior to any expenditure of CDBG funds a U.S. HUD environmental clearance must be issued by OCED. Also, quarterly progress reports are required. Funds not expended within the contract report are subject to recapture. Please contact your contract officer, Letitia Goodson at 786 - 469 -2100, if you have any questions about these documents or if you need technical assistance. in rely, ngie W k Jack Director Community and Ec nomic Development Division TWJ:sc:ed Enclosures RESOLUTION NO.: 55 -09 -12864 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CiTY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CiTY MANAGER TO EXECUTE FISCAL, YEAR 2009 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR 'AQUATIC CENTER CONSTRUCTION IN THE AMOUNT OF $566,911.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been awarded a grant for Aquatic Center Construction Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami - Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant agreement with Miami -Dade County Office of Community and Economic Development for Aquatic Center Construction Phase in the amount of $556,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement with Miami -Dade County's Office of Community and Economic Development for Aquatic Center Construction Phase In the amount of $556,911.00. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this day of ; 2009. ATTEST: ITY CLERK READ AND APPROVED AS TO FORM: V �i ij ATTORNEY Include Re Name and Path APPROVED: MAYOR COMMISSION VOTE: 3 -1 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Nay Commissioner Palmer absent Commissioner Beckman; yea M I A M 1•DADE Community & Economic Development 701 N.W. 1st Court • 14th Floor Miami, Florida 33136 T 786 - 469 -2100 F 786 - 469 -2236 miamidade,gov Carlos Alvarez, Mayor , April 1, 2009 Mr. W. Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Community Development Block Grant FY 2009 Contract - $666,911 Murray Park Aquatic Center — Construction Phase I Dear Mr. Balogun: Enclosed is an executed copy of the CDBG FY 2009 Contract between the City of South Miami and Miami -Dade County for your agency's Murray Park Aquatic Center — Construction Phase I. The effective term of this agreement is from January 1, 2009 through December 31, 2010. Your staff must ensure that the Office of Community and Economic Development receives the reports and other required documents identified.in the contract by the required deadlines. to avoid suspension of funds. If you have any questions, please contact me at 786- 469 -2220. Sincerely, Letitia S. Goodson Contracts Officer Isg Enclosure Index Code: CD636C08Cl c: Central File: CDBG FY 2009 — City of South Miami (Murray Park Aquatic Center — Construction Phase 1) CDBG FY 2009 Municipality FY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City of South Miami, A municipal government organized under the laws of the State of Florida hereinafter referred to as the "Awardee ". The' parties agree: Definitions Murray Park Aquatic Center— Construction Phase I Contract Date: 1/01109 — 12131/10 Office of Community and Economic Development or its OCED successor Department 24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant . Low- and Moderate - income A member of low- and moderate - income family i.e., a Income.is within specified income limits set Person family whose forth by U.S. HUD. Contract Records Any and all books, records, documents, information, data, letters, materials, electronic storage data papers, and media whether written, printed, electronic. or electrical, however collected, preserved, produced, developed, maintained,. completed, received or compiled by or at the direction the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any time in which the Awardee is source during the period of performing the obligations set forth In this contract. Recipient of CDBG funds from Miami -Dade County Awardee Subcontractor Any individual or firm hired on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A -11 of this contract. Any contractual agreement between a Subcontractor and Subcontract the Awardee Murray Park Aquatic Center— Construction Phase I Contract Date: 1/01109 — 12131/10 II. The Awardee Agrees: A. Type of Activity The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. B. Insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. C. Indemnification The Awardee shall indemnify and . hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or Its employees, agents, servants, partners, principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend 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 Awardee shall not he held liable to pay a personal Injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the Awardee arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Awardee. The provisions of this section survive the termination or expiration of this agreement. D. Documents The Awardee shall submit documents to OCED as described below or any other document In whatever form, manner, or frequency as prescribed by OCED. These will be used for monitoring progress, performance, and compliance with this contract and for compliance with applicable County and Federal requirements. 1. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A, "scope of Services." The Awardee shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 10, 2009, July 10, 2009, October 9, 2009, January 8, 2010, April 10, 2010, July 10, 2010, October 9, 2010 and January 8, 2011. b, Quarter) Re ortin when Subcontractors are Utilized Awardees are advised that when subcontractors or sub- consultants are utilized to fulfill the terms and conditions of this contract, Miami- 91 Dade County Resolution No. 1634 -93 will apply to this contract. This resolution requires the selected Awardees to file quarterly reports as to the amount of contract monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to OCED a cumulative account of It activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific Information regarding the status of the contracted .activities, including accomplishments and /or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged In construction and /or housing rehabilitation projects shall report on the progress of their activities Including the number of housing units completed and occupied by low- moderate and low Income-residents. The Awardee shall also report emographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section II - Fiscal Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section Iii - Minority Business Enterprise: Contract and Subcontract Activity Report (First and Third Quarter Progress Report)- The Awardee shall report to OCED the number of business activities involving minority vendors, Including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section In Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2009, October 9, 2009, April 10, 2010 and October 9, 2010. Section IV - Neighborhood Employment Opportunities:. Neighborhood Employment Opportunities Report -(First and Third Quarter Progress Report) - The Awardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted C, using as t Progress revised. Form attached on of the form Attachment form shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2009, October 9, 2009, April 10, 2010 and October 9, 2010. The Awardee shall submit to the County, in a timely manner, any other Information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other Information In a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. C. Unspecified Site(s) Objective - If the Awardee has not yet Identified a location to carry out any of the activities described in Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section 11, Paragraph D.4. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the, Progress Reports required by Section II, Paragraph DA.a and Paragraph D.3. t. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report ") using the "Progress Report" specified in Section li, Paragraph D.1.a. above, which shall describe the progress made by the Awardee In achieving each of the objectives Identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2009 through December 31, 2009 and shall be received by OCED no later than January 8, 2010 and January 1, 2009 through December 31, 2009 and shall be received by OCED no later than January 8, 2011. 3. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described In Article II, Section E.S. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "information for Environmental Review." Notwithstanding any provision of this Agreement the parties hereto agree and acknowled a that this Agreement does not constitute a commitment of funds or site approval and that such commitment of funds or approval may occur only upon satisfactory comple`ionoteni i�ronpnartmentiof Housing d Urban Develop memt unuer G,+ yr rx F- — --. provision of any funds to the protect is conditioned on the Coun ' tys determination to proceed with modify or cancel the protect based on the results of a subsequent environmental review. 4. Audit.Report - The Awardee shall submit to OCED an annual audit report in triplicate as required by Section Ii, Paragraph I of this contract as set forth below. ThAwardee It as leared any non- ompiiance issues stated in the audit, and confirm that 4 a written statement from the Auditor that the audit compiles with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A -133. 5. Inventory Report - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section 11, Paragraph Q of this contract. 6 relative to the ctequality of employment opportun t es whenever son requested by OCED. E. Participation in the CDBG Program 1. The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit low, and moderate- income persons; b. To aid in the prevention or elimination of slums or blight;. C. To meet community development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low- and moderate - income persons, the Awardee shall ensure and maintain documentation that conclusively demonstrates that each activity assisted In whole or in part'with CDBG funds is an activity which provides benefit to no less than 51% of low- and moderate - income persons. 3. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 4. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and o24eCPR 57 t 6e06(Reside the requirements of 24 CFR 670.606 (c) g g Antidisplacement and Relocation Assistance plan under section 104(d) t1 nai HCD Act; and (c) the, requirements in 570.606 (d) governing op relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, Individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabllitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been Identified, the Awardee shall obtain, immediately after a site is Identified by the Awardee, OCED's written environmental statement shall agree l writing any and equirements smay be set forth In theSite Environmental Clearance Statement. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED in Informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering 7. 8. 9. 10. 11. 12. to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in .question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist,of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess Its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law.88 -352 and Public Law 90 -284 successfully meet these requirements. The Awardee shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than 30 days after the completion of the coursework. This requirement may be waived In the sole discretion of OCED for Awardees who demonstrate knowledge of real estate development and organizational management- theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. For Housing, Rehabilitation, and Construction activities ail conditions in this section will apply throughout the regulatory period identified In the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and OCED will have the right to monitor the activity. The Awardee shall comply with all applicable uniform administrative requirements as described In 24 CFR 570.502 F. Federal, State, and County Laws and Regulations RULES, REGULATIONS AND LICENSING REQUIREMENTS The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes,. rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended R by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with 24 CFR 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 Awardee shall comply with Section 504 of the Rehabilitation Act of VI a VI as amended, which prohibits discrimination on the basis of handicap; 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 1976, as amended, which prohibits discrimination on the basis of age; Title 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. The Provider also agrees to comply with the Domestic Violence Leave codified as 11A -60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course .of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Provider. 3. If the amount payable to the Awardee pursuant to the•terms of this contract is in excess of $100,000, the Awardee 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 Act Control Act (33 U.S.C. ( 33 U.S.C. 1368); Environmental ) Protectiion Agency r Clean egulations(40 CFRrPart 15); and Executive Order 11738. 4. Assurance of Com liance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA1 of 1990 - The Awardee shall attest to; and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Affirmative Action /Non- Discrimination of Employ ment Promotion and procurement Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy 'on file with the County's Department of Business Development. Said firms must also submit, s riatel of their pr and signed to be filed with the Clerk of the Board, an app p Y Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boar aof population are representative of the o ulation make -up of the 7 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 their completed proposals/bids to be filed with the Clerk of the Board, an appropriately 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. 7. Domestic Violence Leave Affidavit: Prior to entering into any contract with the Couty, a firm desiring to do business with the County shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the Miami -Dade County Code., This Ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R- 185 -00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R- 185 -00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and /or the firm being debarred. 8. Code of Business Ethics: In accordance with Section 2- 8.1(1) of the Code of Miami -Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ( "Code") and shall submit an affidavit statina that the Awardee has adopted a Code that complies with the requirements of Section -8.1(i) of the Miami Dade Count Code (Form A -12)i PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a p arson or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a pubic entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty - six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this contract shall be terminated on the discretion of Miami -Dade County. Further, should the Awardee be placed on the list at any time during this contract Miami -Dade County shall have the right to terminate this agreement 8 10. CRIMINAL CONVICTION Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to. the termination of this, agreement by Miami -Dade County. 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: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit 16. Collusion 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 42213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Op. erated by Private Entitles; Title iV, Telecommunications; and Title V, Miscellanous 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 f 570s tlh applicable icting provision eshallibe including but not limited to, 24 only the con deemed by the parties hereto to be modified to be 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. The County's determination on whether a provision conflicts shall be final and binding. H. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted In Section IV, Paragraph K of this contract,. prior to taking any action, to schedule a meeting to. receive compliance Information. 2 hwh which, at procurement and adhereeto ail appli ablenfederal procedures 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 as amended on September 15,1999; .and other related acts, as applicable. 4. Submit to OCED for written prlor'approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 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 K prior to scheduling a pre - construction conference. OCED will hold 10% of the total grant award as a retainer until the construction work. is 75% completed, verified by OCED. At that time the retainer will be reduced to 5 % until the work is completed, verified with a Certificate of occupancy. 7. The County shall have the right to assign the Community Builders Division of the Office of Community and Economic Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement will result in a reduction of a maximum of 5% of the agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by the Community Builders Division of the Office of Community and Economic Development. 8. Execute a restrictive covenant with Miami -Dade County for the grant award and the use of the land to ensure its use as a CDBG project site, as defined and described in Attachment "A" of this agreement. Audits and Records 1. The Awardee expending $500,000 or more annually In federal awards shall have a single or program specific audit conducted In accordance with OMB A -133. The Awardee expending federal awards of $500,000 or more under only one federal program may elect to have a program- specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs 10 may be required to conduct audits of those programs In accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $600,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review. (e.g., inspections, evaluations). Such Awardees that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry x session of limited by communicating an independent accountant's (1) p assurance on FINANCIAL STATEMENTS as a result of performing Inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non- expression of opinion or any form of assurance on a presentation In the form of financial statements Information that is the representation of management (Compilation Report); or (4) an opinion . on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which Includes a validation of all program generated Income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as be described 3 received by OCED no later than ysi i x (6), months following thea t end of the Awardee's fiscal year.. 4. The Awardee shall maintain all Contract Records In accordance with generally accepted accounting principles, procedures, and practices which proviided sufficiently directlyaorindirrectlyr e t by the County, pursuant expenditures theterms of this p contract. actions 5 undertaken etos ccomplishithe i"Scope of Services" outlined n Attachment A in this contract. 6. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 7. The Awardee shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive .programmatic services, as such services are described In this contract and defined by OCED, each of the record - keeping and audit requirements detailed in this contract. OCED shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. 8. The County reserves the right to require the Awardee to submit to an audit by Audit and management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of Its records, which relate directly or Indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to the Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Awardee 11 J. K. agrees to . provide such assistance review or audit by the County t o accounting and financial standards. as may be necessary to facilitate the ensure compliance with applicable 9. The Awardee shall ensure that its auditors share their audit results with OCED. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. Retention of Records The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity the Awardee must retain all contract records except those relating to real and nonexpendable personal property. C. For all.other CDBG assisted activities the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section 11, Paragraph J.1.c., the Awardee must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for ail contract II records relating to real and nonexpendable personal property begin upon the date of the final disposition of the property. 2. if the County or the Awardee have received or given notice of any ki Of indicating any threatened or pending litigation, claim or audit arising out 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 Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 4. The Awardee shall notify OCED in writing, both during the pendency of this contract and after its expirations part of the final close -out procedure, of the address where all contract records will be retained. 5. The Awardee shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. Provision of Records. The Awardee shall provide to OCED, upon request, all contract records. without restrict . These records on or limitati neof heir use. OCED shallO reservation or rights to all , 12 books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. if the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED is a violation of the immediately upon such issuance unless such disclosure regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance.No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (114) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County shall also be nc o included In all change orders and all con act renewals and extensions. a. Exception: The above application of one quarter (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (9) insurance contracts; (h) revenue - generating contracts; (1) where an IPSIG is assigned at the time the contract is approved by the Commission; Q) professional service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined In Miami -Dade County Administrative Order 3 -2; (m) federal, state and local government- funded grants; and (n) interlocal agreements. �_.4- i nrrrffv Board of Nothing contained above shall In any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. L. Prior Approval The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts ors services. The Awardee wwherein CDBG funds will be used to pay goods must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. OCED shall have no obligation 13 to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, 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 for in Section 11, Paragraph H of this contract. 9. The disposal of all contract records as provided for In Section 11, Paragraph J of this contract. M. Monitoring The Awardee shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Awardee which are In any way connected to the activities undertaken pursuant to the terms of this contract, and/or to interview any clients employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, OCED will deliver to the Awardee a report of its findings; and the Awardee will rectify all deficiencies cited by OCED within the specified period of time set forth in the report, or provide .00ED with a reasonable justification for not correcting -the deficiencies.. OCED will determine, in its sole and absolute discretion whether or not - the Awardee's justification is acceptable or If the Awardee must, despite the justification, rectify the deficiencies cited by OCED in its report. N. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial Interest, direct or indirect, which would conflict In any manner or degree with the performance of services requried under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee shall submit to OCED within five days of execution of this contract all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: ➢ Original contract or its subsequent amendments. 14 ➢ Requests for budget revisions. ➢ Requests for approval of subcontracts. Non - compliance with the above requirements will be considered a breach of recovery of which immediate t he tire funding award, and q the disqualification cat on ry entire funding through OCED for a period of three years. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure In writing to OCED immediately upon the Awardee's discovery of such possible conflict. OCED will then render an opinion which shall be binding on all parties. O. Publicity, Advertisements and Signage 1. The Awardee shall ensure that all publicity, . public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo is permissible 2. The Awardee shall furnish, erect and maintain construction signs . in accordance with sketch Included in these contract documents. The signs shall be made of % Inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials. The Awardee shall pi hesignn placement braced and mounted, as shown on the typ project the diagram or as directed by the engineer. All materials shall be hp rOwnerd at the Awardee and the signs shall remain in the property of completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT installing and project signs will be required. Payment for furnishing, maintaining the sign shall be under the bid amount for mobilization. P. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract.. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low- income residents from Community Development focus and service areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financial assistance oward given to low residents and ensure that employment and economic opportunities 15 and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: 1. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968; as amended, 12 U.S.C. 170lu (section 3). The purpose of section 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. 2. The parties to this contract agree to comply with HUD's regulations in 24 CFR 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 part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work, site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject 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. 4. The Awardee agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 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 is in violation of the regulations in 24 CFR part 135. The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5.. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee Is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled . to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (Ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not In derogation of compliance with section 7(b). 8. Fair Subcontracting Policies (Ordinance 97 -35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97 -35 as amended, requiring Awardees to 16 provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids /proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a. subcontracting bid /proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and In accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting. policies and procedures (see attached Form A -7.2). Awardees who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local" means having headquarters located in Miami -Dade County or having a place of business located in Miami -Dade County from which the contract or subcontract will be performed. The term "subcontractor" means a business Independent of a Awardee that may agree with the Awardee to perform a portion of a contract. The term "subcontract" means an agreement between a Awardee and a subcontractor to perform a portion of a contract between the Awardee and the County. q. Property 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) intangible: All personal property having no physical existence such as patents; Inventions, and copyrights G. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per Item, with a normal expected life of one or more years, not fixed in place, and not an Integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 17 1) Used to meet one of the three (3) CDBG national objectives until five years after 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 Awardee such longer period as determined by OCED -then the Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in 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 0.2.a.1., above. b. Any real property under the Awardee's control that was acquired or Improved In whole or in part with CDBG funds from OCED for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with Instructions from OCED. C. All real property purchased or improved in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased In whole or In part with funds from OCED, shall be listed in the property records of the Awardee and shall Include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; a e; for the transfer or disposition of the property; p Indicating whether property is in 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. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive ,covenant for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result In. the retraction of the CDBG award for the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. This report shall include the elements listed In Paragraph T.2.c., above. 3. The Awardee shall 'comply with the nonexpendable personal property requirements as stated below. a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; 18 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 or improved in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. The Inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title. (ownership) to all nonexpendable personal property purchased In whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. The Awardee shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this contract. The Awardee shall dispose of all such property in accordance with Instructions from OCED. Those instructions may require the return of all such property to OCED. R. Program Income 1. Program income as defined in 24 CFR Part 570.500 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When program Income is generated by an activity that Is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Compliance Manual. If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. b. The County may in its sole discretion allow Awardee to Use Program Income to carry out eligible activities The Awardee may request to use Program Income for eligible activities If the Awardee requests to use Program Income, the Awardee shall report to OCED all cumulative Program Income generated from activities financed in whole or In part by funds from this contract, This information along with a check payable to Miami Dade County for the generated Program Income, must be submitted quarterly as part of the Fiscal Section of the Awardee's Progress Report as outlined in Section II Paragraph D.2.a. C. The Awardee shall report Program Income for as long as it receives and /or has control over Program Income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All 19 provisions of this contract shall apply to any activity performed using Program Income. G. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, In earned, late fees, and investment income,_ shall be substantially disbursed to eligible loans, .loan - related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevoiving loan activities shall be substantially disbursed to carry out other OCED approved CDBG. eligible activities, and to cover operational costs before requesting additional CDBG funds. I. Any proceeds from the sale of property as detailed in Section II, Paragraph Q.4., above, shall be considered program income. j. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and Its disposition. 3, Upon expiration or termination of this contract or at the end of any program year, the Awardee shall transfer to the County any program income funds on hand, and any program income accounts receivable attributable to any CDBG funded activities. OCED may require remittance of all or part of any program Income balances (including investments thereof) held by the Awardee (except those needed for Immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 Security needs). 4. OCED, In its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of program income generated by the Awardee, and such action shall not require an amendment to this contracts. S. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual. T. Subcontracts and Assignments 1. Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. RM The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall ' use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https• / /Www.epis.aov/ Awardee shall provide to OCED a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on_ Miami -Dade County's debarred -- Contractor's List; Awardee shall, at a minimum, check at miamidade oov /sbalreports.debarment to determine if a person or entity is on Miami -Dade .County's debarred contractor's list. Awardee shall provide OCED with a printout copy of the site page that Indicates the name and the date it was checked. b. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual; C. 'Identify the full, correct, and legal name of the party; d. Describe the activities to be performed; e. Present a complete and accurate breakdown of its price component; f. 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. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by OCED, set forth In this contract. OCED shall in Its sole discretion determine when services are eligible substantive programmatic services and- subject to the audit and record - keeping requirements described above, and; g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of ail 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. The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4. The Awardee shall receive from OCED written a en pees to approval out any subcontract prior to engaging any party g OCED as substantive programmatic activities as may be determined by 21 described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Awardee shall receive written 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. 7. if the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to OCED. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list without prior written approval from OCED. U. Additional Funding The Awardee shall notify OCED of any additional funding received for any activity. described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED In its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence In writing and furnish copies of those documents to OCED. The Awardee must adequately justify their. absence in writing and furnish copies of those documents to . OCED. The Awardee shall be paid only for those expenditures contained with in.Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less .frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred, Failure to comply may result in rejection of invoices. 3. in no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDBG funds to any party. 4. Any payment due . under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee Is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services and payment is 22 contingent on the achievement by the Awardee of the quarterly accomplishment levels Identified. In the scope of services portion of this agreement — Attachment "A," which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payments will be made without evidence of appropriate Insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this contract. if the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payments if OCED, In its sole discretion, so chooses. 7. Within thirty (30) calendar days after this contract expires or is terminated, the Awardee shall provide to OCED a list of all invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED. Any invoice received by OCED, subsequent to receipt of this list by OCED which reflects a cost not Included on this list will not be paid. 8. All monies paid to the Awardee which have not been used to retire outstanding obligations of this contract must be refunded to OCED In accordance with OCED's Contract Compliance Manual. 9. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract for any reason, shall be recaptured In full by the County. 10. in the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this contract, Awardee agrees to and shall assign any proceeds to the County from any contract between the County, its agencies or Instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial Interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect Interest of ten percent or more In a firm, partnership or other business entity. W. Reversion of Assets The Awardee shall return to OCED, upon the expiration or termination of this contract all assets, owned or held by Awardee as a result of this contract, Including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this contract that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities Involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to OCED of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to mortgages securing the property and UCC financing statements, as required by the County to effectuate the reversion of assets. Ill. The County Agrees: 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 $556,911. 23 IV. The Awardee and OCED Agree: A. Effective Date 1. This contract shall begin on January 1, 2009. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31, 2010. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein.may be extended by the County to cover any additonal time period during which the Awardee remains In control of the CDBG funds or other assests, including Program Income to support CDBG eligible activates. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable ,causes as determined an OCED's sole and absolute discretion, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or Improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds,. withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 3. OCED will notify the Awardee 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 Awardee reasonable opportunity to rectify any action or inaction referenced above. 24 C. Termination 1. Termination at Will This contract, In whole or In part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the best interest 'of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. - Termination for Convenience OCED may terminate this contract, in whole part, .when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. OCED, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not. incur any additional cost under this contract. OCED shall be liable only for reasonable costs incurred by the Awardee prior to notice of termination. OCED shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds In the event of a funding short -fall, or a reduction In federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty -four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with. proof of delivery. OCED shall be the final authority in determining whether or not funds are available. OCED may at its discretion terminate, renegotiate and/or adjust the contract award, whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial. funding reduction of the allocation to the Awardee through Board of County Commissioners action, the Awardee may, at its discretion, request in writing from the Director of OCED a 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 a final determination. S. Termination for Breach OCED may terminate this contract, in whole or in part, when -OCED determines, in Its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering the ultimate contract performance, or Is not materially complying with any term or provision of this contract. Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit OCED's right to legal or equitable remedies. 25 6. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.1.4, any Individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. 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 for all direct and indirect costs associated with such termination or cancellation, including, attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet Its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Awardee will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification 1. Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract If OCED, in Its sole and absolute discretion determines that federal, state, and/or County revisions of any applicable laws or regulations, or Increases or decreases in budget allocations make changes In this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state and /or County revisions of any applicable laws or regulations, or Increases or decreases In budget allocations. 2. CONTRACT EXTENSION The County shall have the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) In writing of the extension. This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development. E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of Its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED In the exercise of any right shall operate as a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. OCED shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by OCED no later than 5 working days of the action; written notification will constitute a contract amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the 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 Awardee and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Awardee or in the event additional time is necessary, OCED will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. H. Headings The section and paragraph headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. Minority Participation In order to gain greater Black business participation, the Awardee may submit Its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida, 27 K. Independent Private Sector Inspector General Reviews 1. Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally '/4 of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process Including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, •its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption... Upon ten (10) days prior writteri notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to-original estimate flies, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which Involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other agreements executed by the Provider in connection with the performance of the contract. Nothing in this contract shall Impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. The Awardee is aware that Miami - Dade County Office of the Inspector General has the right to perform ramdom audits on all county contracts throughout the duration of each contract. Grant Recipients are exempt from paying the costs of the audit, which is normally' /4 of 1% of the total contract amount. 28 L. Notice and Contact OCED's representative for this contract is Letitia Goodson. The Awardee's representative for this contract is W. Ajibola Balogun, The Awardee's principal office Is at 6130 Sunset Drive, South Miami, FL 33143. The Awardee's telephone number is (305) 633 -6338. In the event that different representatives are designated by either party after this contract is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment is made to the Awardee's assignee, the name and address of the official payee Is: NIA . N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury ,trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof 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 in all instances. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or Its power to execute such contract to any person, company or corporation without the prior written consent of the.County. P. Third Parties This agreement is Intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party P. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Q. All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment C - Progress Report; Attachment D - information for Environmental Review; Attachment E - 29 Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. 30 ontk�12�1 IN WITNESS THEREOF, the parties hereto have caused this thirty @.0)-page contract to be executed by their undersigned officials as duly authorized, this?�Q day of �iu kc�%2009. AWARDEE: .City of South Miami BY: .---- NAME: W. Ajibola Balogun TITLE: City Manager DATE: BY: NAME TITLE: DATE Wltne54, BY: ` ,signature) 1aY-D P m_ Au,�ru � BY: (Signatuf6P,'-- lal. 5 " Type or Print Name Federal ID Number: 59- 6000431 Resolution ##:1127 -08 Awardee's Fiscal Year Ending Date: 09/30/09 ( I CORPORATE ,SEAL: MIAMI -DADE COUNTY BY: NAM • Carlos Alvarez TITLE: Mayor rte, 0Ap TIT'ti!F,�er rd of County issioners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 31 MiAW RFA FY2001 Adronyrn: SMIAMI MEMO , CATEGORY: Source Capital -improvement CDBG DWct MD Specific: 07 Applicant I Developer (A.K.A.): City of South Miami 02. Organization Type: Index Code: IDIS Number: bate: Multi-Source: FY 2009 Activity ID: 20051346 Contract Number.: Non- Responsive? Applicant Address: 6130 SUNSET DR SOUTH MI I IF L 33143 CITY, ST. ZIP: _J Cc Mr.W. AJIbola Balogun Municipality Phone: (305) 663-6338 E-Mail: abaIogun@c1ty6fsouthm1ami.net 55 Title: Murray Park Aquatic Center (to include Swimming Pool) Description (264 Characters Max.): Commencement and construction of Murray Park AqUMINCenter which is located in the South Miami NRSA. The project will service no less tho 4,000 lo /moderate income residents. FY06 Funding: $.0_ Index Code: IDIS Number: FYOG Contract M Evaluator: Mario Berriot (*) NRSA: South Miami Entithbrnent City / Community: N/A rarucipaung municipaiir City of SdLith.Miami Non-Responsive? - qomplied w1th'MUST'? FY07 Funding: Index Code. IDIS Number: FY07 Contract M LO URTF $0 CAC CDF District:. Action Plan $556,911 FY08 Funding,, $276,000 Index Code: IDIS Number: 3245 FY08 Contract #: 80014 STAFF MGR BCC Recorn $556,911 ReProgr Funds E $01 TOTAL $556,911 #5111 W-40 HUD Code: HUD Activity Type: National Citation National Objective: % LovilMod: 03-ff Parks, Recreational Facilities 570.201(c) 570.208(a)(1) LMA Nurbber o n Accomplishment Type Priority Need )J()00 qsi! People Other 1A R&H ffi-jj� f Miami Agencies Located In the City o M101W141 - .. E.1 Primary Activity Address: Street: Activity Geo City. ST: Geozipcode: Census Tract: Block Group: i 1580Q SW 66 Street i South Miami [FFL-1 33143 76.03 03 If no street address, provide crossroads information: Evaluator's Comments: 10. Not filled in although prior years funding in database is $276,000. - MAB - 09-10-08 11. Not filled in although documents are included in binder. - MAB - 09 -10 -08 ATTACHMENT A couNTY City of South Miami CDBG FY 2009 Scope of Services January 1, 2009 — December 31, 2010 1. - ACTIVITY TITLE: 2. - ACTIVITY DESCRIPTION: 3. - APPROVED BY BCC: 4. - SOURCE: 5. - I1[UD INFORMATION: Murray Park Aquatic Center — Construction Phase I Capital Improvements — Public Facility $556,911 CDBG 2009 5a. — HUD matrix code: 03F 5b. — Title: Neighborhood Facilities Sc. — Eligibility 570,201(c) 6. - ACCOMPLISHMENTS: 6a. — Number of Units: 1 6b. — Type: Facility 7. - NATIONAL OBJECTIVE: —570.208(A)(1) — Low/Mod. Income Area (LMA) 8. - ACTIVITY ADDRESS: 5800 S W 661h Street (Murray Park) Miami, Florida 33143. 9. - LOCATION: City of South Miami ➢ CO: Letitia Goodson PLANNER: Winston Parkinson lk C- 80 ri Rg ;7j am tz IN A 12 'a C Z. Al s. 0H >0 4-- 10 m AL 'i Sr 't - 5- !P > > 4, Do > Z, -1 rR p ;o (4 C- rn 0 --- 15-1 0 P Oo R Ool R o 0 T2� lc-:, m 0 ;;D I � c: M, M o o o: co f z mm 118 SR, 10 Av� 'U m ATTACHMENT B CITY OF SOUTH MIAMI Murray Park Aquatic Center Construction CDBG FY2009 SUMMARY BUDGET CATEGORIES JANUARY 1, PRIOR YEAR FUNDING 2009 — DECEMBER 31, 2010 FY 2009 NON -OCED FUNDING FUNDING TOTAL I. Personnel $16,363 $14,500 $0 $30,863 II.Contractual Services $259,637 $40,500 $0 $300,137 III.Operating Services $0 $0. $0 $0 IV. Capital Outlay $0 $501,911 $100,000 $601,911 TOTAL BUDGET $276,000 $556,911 $100,000 $932,911 SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA $100,000 CITY OF SOUTH MIAMI, INC ATTACHMENT B CDBG FY 2009 Murray Park Aquatic Center Construction DETAIL BUDGET January 1, 2009 thru December 31, 2010 4010 Fringe meneurs FICA sale X7.65% PP Non -OCED OCED OCED Total OCED Total All Sources 21011 External Audit FY 2008 FY 2009 $ $ _ $ Sub -Total Fringe CD534C09C1 $ 1;162.80 $ 1,000.00 $ 2,162.80 a30,862.80- 4010 PERSONNEL- Employee $ - $ . 259,637.00 $ - $ 259,637.00 $ 259,637.00 Regular- Salaries Engineer Accounting Supervisor Grants Administrator Sub -Total Salaries $ - $ $ - $ - $ 7,000.00 $ 2,700.00 $ 5,500.00. $ 16,200,00 $ 7,000.00 $ 500.00 $ 6,000.00 $ 13,600.00 $ 14,000.00 $ 3,200.00 $ 11,500.00 $ 28,700.00 $ 14,000.00 $ 3,200.00 $ 11,500.00 $ 28,700.00 4010 Fringe meneurs FICA sale X7.65% $ - $ 1,162.80 $ 1,000.00 $ 2,162.80 21011 External Audit $ $ - $ - $ $ _ $ Sub -Total Fringe $ - $ 1;162.80 $ 1,000.00 $ 2,162.80 a30,862.80- 21030 Other Professional Svc $ - $ . 259,637.00 $ - $ 259,637.00 $ 259,637.00 Total Personnel $ - $ 16,362.80 $ 14,600.00 $ 30,862.80 Contractual services $ 100,000.00 $ $ - _ $ $ -_ 21011 External Audit $ $ - $ - $ $ _ $ 21012 Environmental Audit 21030 Other Professional- Svc Const Mgmt $ $ - $ - $ . - $ - $ 40,500.00 $ 40,500.00 $ 40,500.00 21030 Other Professional Svc $ - $ . 259,637.00 $ - $ 259,637.00 $ 259,637.00 22350 Bottled Water $ $ $ - $ _ $ $ _ $ 25330 Rent Copier $ - $ $ $ - $ $ - 25511 Building Rental $ $ - $ $ 259,637.00 $ 40,600.00 $ 300,137.00 1 $ 300,137.00 Total Contractual Operating Expenses $ 100,000.00 $ $ - $ $ - 31011 Telephone Regular $ $ - $ - $ $ $ 31011 Telephone Long Distance $ - $ $ $ _ $ - 31610 Postage $ $ $ $ $ $ _ _ $ 31420 Advertising Radio $ - $ $ - $ _ $ - Total Operating Expense $ - $ Commodities $ 100,000.00 $ $ 501,911.00 $ 501,911 AO $ 601,911 00 31510 Outside Printing $ - $ - $ - $ $ $ 95020 Computer Purchase $ $ $ _ _ $ 47010 Office Supplies/ Outside Vendors $ - $ $ Total Commodities $ - $ $ _ Capital Outla 90 Construction $ 100,000.00 $ $ 501,911.00 $ 501,911 AO $ 601,911 00 Infrastructure Improvements $ $ 100,000.00 $ - $ - $ - $ 501,911.00 $ $ 601,911.00 $ $ 601,911.00 Total Capital Outlay TOTAL BUDGET $ 100,000.00 $ 276,999.80 $ 666,911.00 19 832,910.80 $ 932,910.10 SOURCES OF OTHER' FUNDING CRA 17 TOTAL AMOUNT $100,000 H I AM 1= ;DQ►DE ATTACHMENT C QUARTERLY EXPENDITURE AND PROGRESS REPORT • FY 2009 Rep,orti :i]` id;; ° ❑ 1St Quarter (Jan Mar] ❑ 2nd Quarter (Apr -Jun] ❑ 3rd Quarter (Jul -Sept] ❑ 41h Quarter [Oct -Dec] 1 Annual Report F 1415 ill± *r�% "jr_% �r�1� � "•. NI .,( y" '.! M1 f}} '`rjl, C 1a ,1 5 ;S,lec.l_.n,l. " e �l•al�ltif�, � 1�, i :r qtr h. r F.J. "a 1T 'M1r '% I I S tt y V•' 75 ,Uf,} 4= t '1 Recipient Name (Organization): Contact Person (Name & Title): Telephone Number: Activity Name (Project Title): Activity Address: Activity Description: Activity ID #: Index Code: Funding Source: Funded Amount: $ Activity Category: ❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities Outcome: ❑ Avallabilllylaccessibility ❑ Affordability F� Sustainabillly A R r. n F F r; N Program Incomd ♦ The disposition of Program Income not specifically listed In the approved Program Income budget requires prior written approval from OCED. 1. Does this activity generate Program Income? ❑ Yes ❑ No 2. if yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by OCED to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ NIA - If yes, a attach copy of approval letter and related documents. If no, a written request for approval to use the Program income must be submitted to OCED —or— a check payable to Miami -Dade County for the generated Program Income must be submitted quarterly In accordance Win the terms of the contract. a Check Allached7 O Yes ❑ No ❑ NIA i it,., "H `I ua i I { r j tit I � AC,T,I ` 1 'I' 3+ , M1�e , �r,•u a. ,:,} r r., ;;,. 1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A= Exempt ❑ C =Completed ❑ D= Underway 3. is this activity still in compliance with the original project schedule? ❑ Yes ❑ No iS'e tt'ar? V OfherSUp op rkingfforts' �tPibvitleadescnpUon ;.usingquanlifiafil aria) a; ofalfolh9tsuppgrtlnget (orislhzlhayab'egii4 partially' implerhepted ,;gtcomplg{�r3dpitng,thlsPedod, :•;:: Office of Community and Economic Development Page 1 of 2 Quarterly Expenditures and Progress Report (rev 12- 15-08) APPROVED TOTAL ACTUAL EXPENDITURES REIMBURSED CUMULATIVE PROJECTED OJECTED ULATIVE CATEGORY BUDGET EXPENDED CUMULATIVE CUMULATIVE PERCENTAGE EXPENDITURES ENDITURE (This Quarter) [Through end of this quarter[ (Through end of this quarterl (a & Di [Next Quarter) F118yend f contract P _I Personnel $ $ $ $ % $ Contractual $ $ $ $ % $ $ Operating Costs $ $ $ $ % $ $ Commodities $ $ $ . $ % $ $ Capital Outlay $ $ $ $ % $ $ TOTAL $ $ $ $ % $ $ Program Incomd ♦ The disposition of Program Income not specifically listed In the approved Program Income budget requires prior written approval from OCED. 1. Does this activity generate Program Income? ❑ Yes ❑ No 2. if yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by OCED to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ NIA - If yes, a attach copy of approval letter and related documents. If no, a written request for approval to use the Program income must be submitted to OCED —or— a check payable to Miami -Dade County for the generated Program Income must be submitted quarterly In accordance Win the terms of the contract. a Check Allached7 O Yes ❑ No ❑ NIA i it,., "H `I ua i I { r j tit I � AC,T,I ` 1 'I' 3+ , M1�e , �r,•u a. ,:,} r r., ;;,. 1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A= Exempt ❑ C =Completed ❑ D= Underway 3. is this activity still in compliance with the original project schedule? ❑ Yes ❑ No iS'e tt'ar? V OfherSUp op rkingfforts' �tPibvitleadescnpUon ;.usingquanlifiafil aria) a; ofalfolh9tsuppgrtlnget (orislhzlhayab'egii4 partially' implerhepted ,;gtcomplg{�r3dpitng,thlsPedod, :•;:: Office of Community and Economic Development Page 1 of 2 Quarterly Expenditures and Progress Report (rev 12- 15-08) ATTACHMENT C QUARTERLY EXPENDITURE AND PROGRESS REPORT - FY 2009 COdJNTY , $.�C I�Oh; ��}�IiOb(��5,�)!Gau[ der .d�1;.;;(¢?!fda;a,bt)atc�esCtip A@ bfs) i' YrplP�rntisol :deia�s�ncolnered�uripgihi.? rI...Ora „II�iP{3t�1�,.. ,,.. ,,��;� r '4'•is,,. a d'; es "'be "ttje' tu' e,l.•r, es91s� nr e'f' jf... Sect on�Vl•rrTechrii dal• BAs$ isfa "tie�t ^.,:F.f.•�r..7..s:riz:.. S .tj n,V „'1R'.►f..y.ril�q. fr�r i. „ ..y .,�,•. ,7 _� - Accomplishment Type: ❑ People [oil ❑ Households [04) ❑ Businesses pill ❑ Organizations fogl ❑ Housing Units Itoj ❑ Public Facilities fill ❑ Jobs [13) National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA) -or- ❑ Direct Benefit [e.g. LMC, LMH, LMJ) t7;,,. s' f i,.,)i.Js R ,ys ?: F t'. r �, �,1 ,}i.R,h.,'a7. ,., � .,•.o. ,baf !y i r t , u- ,`,^jT,: "^T� —... Fq li t �o t �� . ;t ! ': !. d ar) Irt.l ' 4 se 9nc. . hjeu�rrlgl?t�,,pty ! ' of °,n „a�,ype,r ,Wdttstng�i ',!, (lAchfYerm�ts� [ Yesrt Nd Il t;fTYpg , L'.2gple1�$r;d,}joijhb� s: Housing Units Peo le Households Owner Rental Buyer Total Total People Low! Total Low Female Mod Households Mod Headed Projected Goal Projected Goal Actual This Quarter* Actual This Quarter* Actual Cumulative Actual Cumulative I *Supplemental Form 8 Required — Attached Y / N: (1) Performance & Benefit Data: Housing Supplemental Form L@ Required — Attached Y / N Note: NOME funded projects must submit applicable activity set -up form. (1) Performance & Benefit Data: Public Service & Administration ❑ -or- (2) Performance & Benefit Data: Capital Improvement & Public Facilities -or- (3) Performance & Benefit Data: Housing ❑ Note: NOME funded projects must submit applicable activity set -up form. A:h�ey� •!��'�S'r��? yw r� 15. v fin. .. it r : s v v, r'I yn ti� F 51 ecAc�s ter jy�ensit 4 Y4rteSt i�JO f;T e t,. i�Ob$Yprryw c p�. �„ ;� � n � t i rl i! p � 4� E � D. �$Ilfl -e$Tr Sfit Jobs Created Jobs Retained Projected Goal Actual This Quarter* Actual Cumulative FT Jobs Low/Mod PT Jobs Low/Mod Total FT Jobs Low f Mod PT Jobs Low l Mod Total i *Supplemental Form to Required — Performance & Benefit Data: Economic Development — Attached Y / N: PERFORMANCE CERTIFICATION: Q This certifies that No Accomplishments occurred during this Quarter Initials NOTE: Submittal of Suoalemenlal Form — Performance & Benefit Dale is not required at this time based on the certification that no accomplishments occurred during this quarter, CERTIFICATION This is to certify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have been made for the purpose of and In accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by: Title: Date: Print Name Signature of Certifying Official: Title: Date: FOfi,0001SE OfLYr: Ff . t „I„ ,, :rr . k..;', r� <;, .. ,. Activity IDIS Number: Report [] is / ❑ is not complete + Report ❑ is / [j Is not accurate + Initial review for completeness and accuracy completed by: Name: Date: Name: Dale: Contracts Officer Team Leader/ Supervisor Office of Community and Economic Development .. Page 2 of 2 Quarterly Expenditures and Progress Report (rev 12 -1 M8) "C GUNTY `':S} -': `pct: Recipient Name: Activity Name: _ Activity ID 4: HUD Activity Matrix Code: _ HUD Matrix Code Description: ... .........._' " v Performance & Benefit Data: Capital Improvement & Public FaeilRies Supplement to Quarterly Expenditure and Progress Report ■ FY 20.09 Activity Category: _ Accomplishment Type: ,.,; rte. 'ry :� -';t2� � :iii��'eY o _ ;;v... �, �-.,_•� 151 Quarter Jan -Mar ❑ ❑ 2nd Quarter A r -Jun ❑ ❑ V Quarter Jul-Se t ❑ ❑ 4'" Quarter Oct -Dec /Annual Re ort ❑ ❑ INS4.:.t,,1�}� Acquisition p• • r F1' ❑ Clearance / Demolition ❑ Street Improvements ❑ Public Facility / Type: ❑ Building /'Type: ❑ Other Capital Improvement /Type: lfndicatebelow] ❑ Structures + ❑ Parcels Persons Served + Low & Moderate Income Persons Served + Low & Moderate Income Facilities + Persons Served + Low /Mod Income Persons Served + Low & Moderate Income # of Parcels # of Facilities # of Persons Served # of Low /Mod Income < < s -,..;....... 1 F_O,RM/1NCW11V� 1�1 iilli. fN[ T: &AG..,CO(U(0' S•F1i��Wri�. E499,Q►t'1�11!l��t��a Instructions & Applicability: National O. or 1. Total benefiting for program year: 3. Of those assisted, enter the number that 2. Countsby Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit c) Now receive a service or benefit that Is no longer substandard Total d) Now have new access to this type of public facility or Infrastructure improvement, e) Now have improved access to this type of public facility or Infrastructure improvement f ) That are served by a public facility or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created in overnight shelter or other emergency housing ,'t.' , f' u �'eT• ,'f .y ' . s�e.:E3 NO ..i: •y - 4" { . i UNIONS ,�j.: � 1n��.: " ^.w > 4ru. tnYVlili;'` ,.. 'kn C J Y _•. q� e r1. YN. _ .su, r��, Q T�N.�T fFQtRfP► I' :4.,, 4 r; RACE I ETHNIC CATEGORY Instructions: Indicate the total number of households.or persons served In each Racial Category for this reporting period and the cumulative total. From the total numher denided In each Racial Category. Indicate the numbers that are of Hlsaanlc Elhnlcity for this reporting'perlod and the cumulative total. - - -- r, Ri0p10..! S .' _`? . 5f� .._.�' ,dtiM t t.:.,TOYA RACIAL CATEGORIES Racial Categories Ethnic Category 'Racial Categories Ethnic Cate o Total Number Number HI's anlc Total Number Number Hispanic White [1 11 Black! African American 1121 Asian 1131 American Indian I Alaskan Native (14] Native Hawaiian / Other Pacific Islander (151 American Indian 1 Alaskan Native & While (16] Asian & White (171 Black /African American & While [18] American Indian or Alaskan Native & Black /African (191 Other Multi Racial (201 Totals Performance & Benefit Data: Capital Improvement & Public Facilities trev 12 -10 -081 Page 1 of 2 Supplement to Quarterly Expenditure & Progress Report Performance & Benefit Data: Capital Improvement & Public Facilities trev 12 -10 -081 Page 1 of 2 Supplement to Quarterly Expenditure & Progress Report Performance & Benefit Data: Capital Improvement & Pubil" P cifffies. TRIAM) Supplement to Quarterly Expenditure and Progress Report IFY 2009 DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION Income Categories Other Categories Total Number Total Nuffihpr Total Number Total Number Extremely Low (30% or less) Total 9 Benefiting from the Activity Low (311%-50%) Moderate (51% -80%) #of Female Headed Households Non Low/Mod (81 % or greater) Totals Census ( C) or Survey (S) Data Used: If (S), enter # of •ow/Mod & Total Population: Total # of Low/Mod In Service Area: fotal Low/Mod Universe Population In Service Area: Percent of Low/Mod in Service Area: Census Tract: Block Groups: Census Tract: Block Groups: Census Tract: Block Groups: mW l�i Mi !:Fj�il 'U11 1111:1,11 $ i. CDBG Funds $ 5. Other Federal Funds $ 2. HOME Funds $ 6. State / Local Funds $ 3. ESG Funds 7. Private Funds 4. Section 108 Loan Guarantee $ 8. Other: Nam offund'ng Souico Report Prepared by: Title: Print Name Signature of Certifying Official: Title: Total Funds Date: Date: Performance & Beneilt Data: Capital Improvement & Public Facilities [rev 12-10-081 Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS & ACRONYMS j�,�t37� E? �' : )= EA017 T ,{ygq a.. Reporting. Period: Enter "X" in the box that corresponds with the appropriate reporting period for this report. Section I: General Information 1. Recipient Name: Fill in the appropriate Agency/ Organization Name, 2. Contact Person: Fill in the Contact Person's Name and Title. 3. Telephone Number: Fill in the Telephone Number of the Contact Person. 4. Activity Name (Project Title): Enter the name of the activity. S. Activity Address: Enter the complete address of the location where the activity is taking place. 6. Activity Description:: Enter brief description of the activity (120 characters maximum). 7. Activity ID M Enter Activity ID No.-of the activity. 8. Index Code: Enter the Index Code'from FAMIS, 9. Funding Source: Enter the funding source (e.g. CDBG 06, CDBG DR 07, ESG 07, HOME 98, HOME CHDO 08, etc.). 10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable. 11. Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity (e.g. Housing, Economic Development, etc.). 12. Objective; Enter "X" in all that apply for the primary objective the activity Is designed to provide. 13. Outcome: Enter "X" in all.that•apply for the primary outcome the activity is designed to provide, Section II: Financial Information 1. Column B: Enter amount budgeted for the activity'in each category of the approved budget (or most recent approved budget amendment). 2. Column C: Enter amount expended for the activity in each category during this reporting period. 1 Column D: Enter the actual cumulative expenditures from beginning of the contract through.the end of this reporting period for each category. 4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category. 5. Column F: Enter the cumulative percent of expenditures for each category by dividing each amount in column D (Actual Cumulative Expenditures) by the corresponding amounts as shown in column B (Approved- Budget). Example — If Column D.shows $5,000 expended to date in the Personnel Category and Column 8 shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25 %. 6. Column G: Enter amount of projected expenditures in each category for the next quarter (reporting period). 7. Column H: Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period. 8. Total: Please include totals at the bottom of each column B through H. 9. Generate Program Income ?: Enter "X" in the 'Yes", box if this activity is expected to generate Program Income; otherwise enter "X" in the "No" box. 10. if the response Is "Yes" to Program Income: Indicate the amount of program income generated during this reporting period; if the answer was "No" enter NIA. -11. If Program Income is generated: Enter "X" in the "Yes" if OCED•approved use of the Program Income & provide copy of written approval letter along with all related documents.'Otherwise, enter "X" in the "No" box and submit a written request for approval —or— a check payable to Miami =Dade County for the generated Program Income. ��,T:�rA� �tvy� -.t��i '�+�a fi - ,.�j'.' k ,i � ^ �•- e '' t �+ F � A (,r'° akz..g� �i i... ,ntii �3r a .. .: _ Y C'}re, t.' i3,Y.�lr �'.y�..= "4 �' ?i�.e+ �'�!; � N TEY`�.. s� : iu ��. DrA��+ `.��`S` , F ��¢iIN Q �'� �k` � _G _ ,a',*� ;.'Sr1;1c�%i��?..•��,� Yr1�9 �-` r'; art }4 �.� -�i": t- :1 1. Activity Status: Enter "X ". in box that corresponds with the appropriate status of the activity [Cancelled, Underway, or Completed]. Please note that an activity is considered complete once it meets Its national objective, all accomplishments have•been reported, and all the funds are drawn from IDIS. 2. Environrh6dtal Status: Enter "X" in the box that corresponds with the appropriate status of the activity [A= Exempt, C= Completed, or D= Underway] . 3. Compliance with Original project Schedule: Enter "X" in the "Yes" box if the activity complies with the original project schedule; if not enter "X" in the "No" box. Section III: Work In Progress Provide a brief narrative description of work in progress during this reporting period. For example - • Housing - During this period architectural drawings were completed, building department approved drawings, environmental approval received, plat filed with the County, and construction is expected to begin next quarter. • Economic Development - Fifteen jobs were created during the reporting period, five additional jobs are expected to be created by next quarter. • Capital Improvement - 75% of construction of the childcare center completed this reporting period. Project on schedule and is expected to be completed by next quarter. Section IV: Other Supporting Efforts Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period. Include quantifiable data whenever appropriate. In addition, other expenditures of funds, including local match and leverage contributions, should be depicted here. Section V: Problems Encountered Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the next quarter. Report. any problems that may Impact the project as originally proposed, including but not limited to changes in Scope of Services, beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to reporudiscuss any problems encountered in order to resolve them as quickly as possible. Section VI: Technical Assistance This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity. instructions, Definitions & Acronyms [crealed'6 130/08] revised 915108 Page 1 of 6 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, I)EFINITIONS & ACRONYMS Section VII: Performance Measurement 1. Accomplishment Type: Enter "X" in the box that corresponds to with the actual• accomplishment type of this activity [People, Households, Businesses, Organizations, Housing Units, Public Facilities, or Jobs). 2. National Objective:. Enter "X" in the box that corresponds with the National objective of this activity. Refer to Attachment A in the Contract to locate the National Objective for the activity— or— 'conlactlhe Contracts Officer to obtain this information. Code Beneficlary Type Description 24 CFR Citation LMA Area Basis Benefit Low/Mod Area Benefit 570.208(a)(1) LMAFI Area Basis Benefit 'Low /Mod Area Benefit, Community Development Financial Institution (CDFI) 570.208(d)(6)(1) LMASA Area Basis Benefit (.ow /Mod Area Benefit, Neighborhood Revitalization Strategy Area 570.208(d)(5)(1) LMC Direct Benefit Low /Mod Limned Clientele Benefit 570.208(a)(2) LMCMC Direct Benefit Low /Mod Limited Clientele, Microenterprise 570.208(a)(2)(ili) LMCSV Direct Benefit Low /Mod Limited Clientele, Job Service Benefit . 570.208(a)(2)(iv) LMH Direct Benefit Low /Mod Housing Benefit 570.208(a)(3) LMHSP . Direct Benefit Low /Mod Housing Benefit, CDFI or Neighborhood Revitalization Strategy Area 570.208(d)(5)(II) 570.208(d) 6)(1i) LMJ Direct Benefit Low /Mod Job CreationlRetenlion 570.20%a)(4) . LMJFI Direct Benefit Low /Mod Job Creation /Refenlfon, Public Facility /Improvement Benefit 570.208(a)(4)(iv)(F) LMJP Direct Benefit Low /Mod Job Creation, Location Based 570.208(a)(4)(iv) SBA Designated Area Basis Slum/Blight Area Benefit 570.208(b)(1) SBR Urban Renewal Area Slum/Blight In an Urban Renewal Area 570.208(b)(3) SBS Spot Basis Slum/Blight Spot Basis 570.208(b)(2) URG Urgenf Need • Urgent Need 570.208(c) The data In this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the quarter being reported). If there are no accomplishments durfng•the reporting period, the data-for this Quarter and Cumulative may be left blank, and the Recipient must complete the Performance Certification check box for "No Accomplishments" 3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire and /or Construct New Homeowner Units, Rehabilitate Homeowner Units, or provide • Homeowner Counseling and Direct Financial Assistance to Homebuyers must Complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Housing ". 4. Total People or Households: Activities that provide Public Services or Administrative (e.g., Fair Housing Activities) must complete this section If any accomplishments are achieved in the reporting period and complete the Supplemental Form; 'Performance and Benefit Data: Public Services —or- Administration". Capital Improvement and Public Facilities. Activities must complete -this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance' and Benefit Data: Capital Improvement & Public Facilities ". 5. Total Jobs: Activities that create or retain jobs, and/or provide assistance to businesses, must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Economic Development". 6. Performance Certification: The Performance Certification check box for "No Accomplishments" must be checked and Initialed by the Certifying Official If there have been'no accomplishments during the reporting period. This Item certifies that there have been no accomplishments during the reporting period and the Recipient is excused from providing any further accomplishment 'information on the activity status as required by HUD. Reference HUD "Notice of Outcome Performance Measurement System for Community Planning.and Development Formula Grant Programs," A copy of the Notice and additional information about performance measurements is available at the following link: htt p: llwww. hud, ciovloffices /codlabouUperformancel . 7. Report Prepared By:-The name and aide of the report preparer, along with the date, must be completed. 8. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her title must be entered, and the certification must be dated. This Performance and Benefit Data Report must be completed and provided to OCED for any quarter when actual accomplishments are achieved, the activity is completed, and the national objective Is met. In addition, direct benefit or area benefit data must be provided as well. Please fill out the requested information completely and accurately as applicable for the funded activity. The following generaj information is available on Attachment A in the contract: Activity-ID, Activity Category; HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports must Include the name of. the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and the report must be dated.. Instructions, Definitions & Acronyms (created 6 /30108) revised 9/5108 Page 2 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS & ACRONYMS Project Category (required]: Enter "X" in the box that corresponds with the funded project type. Accomplishment Type I Measures (required]: Enter "X" in the box that corresponds with'the funded project type. Accomplishment Units Completed (required]: Indicate the number of persons or households served and number that are low /mod income. . 6. 6.6-6.6 w5.6-6 -6 di -4R Gi- Gi- E- 6i-chi Performance Measurement & Accomplishment-Information [required] (1) Indicate the total number benefiting from the activity. (2) Indicate method used to count the number benefiting from the activity — by Households served or Persons served. (3) Of those assisted, responds to each inquiry — a•through c — by providing the number that benefited, and provide the total for all. Project Type [required]: Enter "X" in the box that corresponds with the funded project type, Measures: Acquisition /Disposition and Clearance /Demolition activities only — Enter "X" in the box that corresponds with the funded activity. Accomplishment Units Completed [required): Indicate the number of units completed [Structures, Parcels, or Facilities] , number of persons served, and number that are low /mod income Performance Measurement & Accomplishment Information (required] (1) Enter total number benefiting from the activity for the program year. (2) Indicate if the count Is by Household or Persons. (3) Of those assisted, respond to each inquiry — a through h — by providing the number that benefited, and provide the total for each section. Direct Benefit Information [required]: Beneficiary Information must be provided In this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit.Information section. Provide Information for actual number-of households or persons assisted, for this reporting period and the cumulative total, Also, provide.requeste(I information in the Income.Category and Other Beneficiary Data Sections. Area Benefit Information [required]: if applicable for funded activity. Funding Sources I Leveraging of Funds [required] HOME Funded Projects Only (required]: Enter "X' in the box that corresponds.wilh the funded HOME tenure type, complete the corresponding Form, & attach It to the report. , Project Type [required): Enter W ih the box that corresponds with the funded project type. Number of Units Completed [required]: indicate total number of Rental Units, Owner Units, or Homebuyer Households completed for the funded activity. CDBG Muitl -Unit Activity, if applicable: Provide all requested Information for both charts In this section. Displacement Information, if applicable: Provide all requested Information in the chart. Replacement Information, If applicable: Provide all requested information In the chart. -6- �tw5,- aS�F,-- Cn�n- 6�- a�- 6t•�,-- ��- bs�i•�,•c�w� Performance Measurement & Accomplishment Information (required), all applicable sections must be completed (1) Provide number of Affordable Units and respond to each Inquiry — a through f — by providing the requested-Information (2) Provide number of Section 504 Accessible Units (3) Provide number of units qualified as Energy Star (4) Provide number of units brought up to HQS/Local Code (Rehab only) (5) Provide number of units brought in compliance with lead safety (Rehab only) (6) Provide number of units created through conversion of non - residential to residential buildings (Rental Rehab only) (7) Provide number of households previously living in subsidized. housing (Acquisition /Construction New Homeowner only) Direct Financial Assistance to Homebuyers; if applicable (1) Provide number of first -time homebuyers and of those, Indicate number that received housing counseling (2) Provide number receiving Down Payment Assistance /Closing Costs �G,• di- E- E- Eiffi•G+- �i�iw��i�GiwS•E�Gi �i�i- G��Fiwa•�i�C, -a�-�i �6+•Li -E-65 Direct Beneficiary information (required) — must be completed for the actual number of households assisted, for this reporting period and the cumulative total. Also, provide requested information. in the .Household Income Category and Other Beneficiary Data Sections. Funding Sources I Leveraging of Funds [required] Required Attachments must be provided, If applicable, Direct Benefit Information [required]: Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit information section. Provide information for actual number of households or persons assisted, for this repoding.period and the-cumulative total. Also, provide requested information in the Income Category and Other Beneficiary Data Sections: Area Benefit Information [required]: If applicable for funded activity. Funding Sources I Leveraging of Funds [required] Required Attachments must be provided. if aonlicabic Note: Jobs.data should be prepared as accomplishments take place (as jobs are created) or on a quarterly basis, at a minimum. Job Creation and/or Job Retention Information [responses required for this Accomplishment Type] ' (1) Complete the Job Creation area if the activity is expected to create jobs; otherwise, complete the Job Retention area if the activity is expected to retain jobs. (2) Indicate the number of jobs created or retained, as applicable, by job type for this reporting period and the cumulative total. (3) Direct Benefit Information — must be completed for the actual jobs created or retained, as applicable, for this - reporting period and the cumulative total. Also, provide requested information in the Income.Category and Other Beneficiary Data Sections. (4) Number of jobs created with employer sponsored health care benefits (5) Number unemployed prior to taking job created (6) Number of jobs retained with employer sponsored health care benefits (7) Provide explanation if proposed goals are not met Assistance to Businesses (responses required for this Accomplishment Type] (1) Indicate total number of business assisted, of that amount indicate how many are new businesses and the number of existing businesses (2) Of the existing businesses, indicate how many were expanding businesses and the number that wer& relocating (3) Indicate the number of businesses assisted with fagade treatment or business building rehab (4) Indicate the number of businesses that provide goods or services to meet the needs of a service area, etc. (5) Provide the DUNS number for each business assisted [a requirement for any business that receives Federal assistance] Area Benefit Information [required] Funding Sources I Leveraging of Funds [required] Required Attachments must be provided, if applicable. instructions, Definitions &Acronyms [created 6/301081 revised 9/5108 Page 3 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS & ACRONYMS Area Benefit: Those activities having a national objective of LMA, LMAJI, and LMASA. Beneficiary data Is reported by Survey or Census data for the percentage of low- and moderate - income persons in the service area, CDBG regulations specify that 51 percent of the residents of the service area must be LMI. Examples of area benefit activities include street/sidewalk Improvements, water /sewer lines, neighborhood facilities, and fagade improvements in neighborhood commercial districts. Census Block: A geographic area bounded by visible and /or invisible features shown on a map prepared by the U.S. Census Bureau. A block is the smallest geographic entity for which the Census Bureau tabulates decennial census data. Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by a local group of census data users or the geographic staff of a regional census center in accordance with Census Bureau guidelines. CDBG National Objectives: The authorizing statute of the CDBG program requires that each activity funded except for program administration and planning activities must meet one of three national objectives. All CDBG activities must achieve one or more of these national objectives. • Benefit to low and moderate- income-(LMI) 'persons, • Aid in the prevention or elimination of slums or blight, and • Meet a need having a particular urgency (referred to as urgent need), e.g., existing conditions pose a serious and immediate threat to the health or . welfare of the community. In addition, a minimum of 70% of the CDBG program. expenditures must meet the LMI benefit national objective. Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Beneficiary data Is reported by the total number of persons or households benef{tting from an activity. DUNS Number: Data Universal Numbering System (DUNS) number is a requirement for any business that receives Federal assistance. If a business does not have one, it should call the DUNS number request tine at 1- 866 - 705 -5711 to obtain a number. The process is free and takes about.ten minutes. ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all save money and protect the environment through energy efficient products and practices. HUD encourages incorporation of ENERGY STAR qualified products and practices when-conducting rehabilitation or constructing new housing. Likewise, ENERGY STAR is a data element for energy 'conservation activities for the housing indicator categories in the performance measurement system. Extremely Low - Income: Households with annual income less than 30% of the area median income, as established by HUD. The number of household members is used in the determination. Ethnic Categories: HUD and grantees are required to treat ethnicity as a separate category. "Hispanic or Latino" and "Not Hispanic or Not Latino" are designated as separate ethnicity categories. • Hispanic or Latino: A person.of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term, "Spanish origin," can be used In addition to "Hlspanic.or Latino." • Not Hispanic or Not Latino: A'persorl not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Family: All persons living In the same household who are related by birth, marriage, or adoption. Household: All persons, occupying the same housing unit. The occupants may be a.single family, one person living alone, two or more famiiles living together, or any group of related or unrelated persons who share living arrangements. Housing Quality Standards (HQS): HQS are set acceptable conditions for Interior living space, building exterior, heating and plumbing systems, and general health and safety. The purpose of HQS is to determine whether a housing unit is decent, safe and sanitary. Income: (1) Annual income as.defined under Section 8; (2) Annual'iricome as reported under the Census long form; or (3). Adjusted gross Income as defined by the IRS Form 1040. Low Mod Job Creation or Retention (LMJ): An activity designed to meet the National Objective of creating or retaining permanent jobs, at least 70 percent of which (computed on a full -time equivalent basis) will be made available to or held by LMI persons. Low Mod Limited Clientele (LMC): An activity carried out to meet the National Objective of benefit to LMI persons. Activities under the LMC category must, meet one of the following criteria: • Benefit clientele that is generally presumed to be principally LMI (abused •children,.battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers); or • Require documentation on family size and income in order to show that at leas( 70 percent of the clientele are LMI; or • Have income eligibility requirements limiting the activity to LMI persons only; or • Be of such a nature'and in such a location that it can be concluded that clients are primarily LMi. Low Mod Income Area Benefit (LMA): An activity carried out to meet the National Objective of benefit to LMI persons that benefits all residents in a particular target area, where at least 51 percent of the residents are LMI persons. Low and Moderate Income (LMI): Low and moderate Income means family or household annual income less than the Section 8 Low Income Limit, generally 80 percent of the area median income, as established by HUD, Low - income Household /Family: A household /family having an Income equal to or less than the Section 8 Very Low Income limit (50% of the area median income) as established by HUD. Low Income: Households with annual Income less than 50% of the area median income, as established by HUD. Low Mod Housing (LMH): An activity carried out to meet the National Objective of benefit to LMI persons /households, e.g,, acquisition, construction, or Improvement of permanent, residential structures which, upon completion, will be occupied by LMI households. Matrix Codes: The matrix code Indicates how the activity is eligible under CDBG regulations, It generally Identifies the purpose for which assistance was provided, and determines the type of accomplishment units that should be reported. Microenterprise: A business that has five or fewer employees, one or more of whom owns the enterprise. Moderate - Income Household /Family: A household /family having an Income equal to or less than the Section 8 Low Income limit (80% of area median income).established by HUD, but greater than the Section 8 Very Low Income limit (50% of area median Income) established by HUD. Instructlons, Definitions & Acronyms (created 6/30[08] revised 9/5/08 Page 4 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS & ACRONYMS Objectives: The objectives capture the range of community impacts that are expected to occur as a result of program activities. There are three possible objectives for each activity: 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities. Outcomes: The program, outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of the activity. There are three possible outcomes: 1) Avallability/Accessibility, 2) Affordability, and 3) Sustainability. Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit may be sold without penalty to the homeowner. Program Income: Any gross income received by the-sub' recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)). Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial demographics of the individuals and/or the communities they serve, or are proposing to serve. 1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community allachment, 2. Asian. A person having origins In any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,.Korea, Malaysia, Pakistan, the - Philippine Islands, Thailand, and Vietnam. 3. Black or African American, A person having origins in any of /lie ,black racial groups of Africa. Terms such as "Haitian" or Negro" can be used in addition to "Black or African American." 4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. . 6, American Indian or Alaska Native & White, A person having these multiple race heritages as defined above. 7. Asian & White. A person having these multiple race heritages as defined above, 8. Black or African American & White. A person having these multiple race heritages as defined above. 9, American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. .10. Other Multi-Racial. A person reporting multi -race heritages not Included in any of the other nine categories listed above, and that have a total count that exceeds one percent of the population served. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. It imposes requirements to ensure that "qualified Individuals with handicaps" have access to programs and activities that receive Federal funds. Minimum. requirements include, but are not limited to: 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative Requirements. Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job - training program. Sub recipients are also referred to as sub grantees, Survey: The survey instrument and methodology must be approved by HUD for the purpose of establishing the percentage of 'LMI persons in a service area. A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance Is available in CPD Notice 05.-06. Instructions, Definitions & Acronyms (created 6/30/081 revised 9/5108 Page 5 of 5 ATTACHMENT D MIAMI -DADE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures Is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ❑ CDBG ❑ HOME ❑ HOPE A ❑ HOMELESS (SRO /SHP) ❑ EDI ❑ BEDI 2. Indicate Fiscal Year: FY 2Q 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: 5. Location Address with City, ST and Z tIvity or Project: 6, Site Folio Number(s): 7. Commission District(s): , U. VII cov, VUI I1U., Ill.V1111u1IV1� v i. y..w��• Name: Address: City: State: Zip: Phone: Fax: Farm Revised 10112107 9. Detailed 'description of activity or project: 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11. What is the status of activity or project? For example, Pre - Development Phase, Rehab /Construction Underway, Rehab /Construction Completed, etc. Part II. PROJECT OUTCOME Will the activity or p ro YES ect result rn the NO Tonowmy, 1. Change in use 2. Sub - surface alteration (i.e. excavations) 3. New construction 4. Renovation or demolition 5. Site improvements (utilities, sidewalk, landscaping, storm draina e, parking areas, drives, etc. 6. Building improvements (windows, doors, etc.) 7. Displacement of persons, households or business 8. Increase in population working or living on site 9. Land acquisition 10. Activity in 100 -year floodplain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. 12. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc. 13. A sanitary landfill or hazardous waste disposal site 14, Tree removal or relocation 15. Street. improvements 16. The impounding of'more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water). PA Part Ilia SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and, proposed land use: • Existing? • Proposed? 2. Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one (1) acre or more? ❑ YES ❑ NO If yes a site plan must be provided Projects) will not be environmentally reviewed without a site plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ YES ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots. 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)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ❑ NO 3 If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? In addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste /landflll facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental. Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? ❑ YES ❑ NO 6. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ NO If yes, please submit the results. • Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO If yes, please submit the results. 4 7. Other Site Information: Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a, scope of service, an itemized budget, and a site plan. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. 1 understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Name of Organization or Corporation Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1st Court -14th Floor Miami, Florida 33136 Title Date YES NO 1. Flood insurance required? 2. Public water available on site? 3. Public sewer available on site? 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste disposal facility? 6. Storage of hazardous materials on site? 7. Abandoned structures on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a, scope of service, an itemized budget, and a site plan. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. 1 understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Name of Organization or Corporation Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1st Court -14th Floor Miami, Florida 33136 Title Date TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST** CEST * ** EA * * ** Economic Development Notice /No Notice /No RROF (No Statutory FONSI and New Construction RROF RROF Requirement Triggered) X Rehab X1 X2 Non-Construction/Expansion X Publish NOURROF Housing (Statutory Requirement Single Family Rehab X Multi - Family Rehab X' X2 New Construction X Homeownership Assistance X Affordable Housing Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X1 X2 Infrastructure Xi X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice /No Publish Triggered Statutes Notice /No Notice /No RROF (No Statutory FONSI and RROF RROF Requirement Triggered) NOI /RROF Or Publish NOURROF (Statutory Requirement Triggered) Estlmated Time Frame (Excluding 30 -45 Days 30 -45 Days 45 -90 Days , 90 Days Triggered Statutes Minimum X' If for continued use and change in density (or size) of less than 20% Xz Change in density (or size) of more than 20% * Exempt Exempt Activities *" CENST Categorically Excluded and Not Subject to 58.5 * "* CEST Categorically Excluded Subject to 58.5 * ** EA Environmental Assessment (Format II) 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 belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 malting 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 of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the 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 subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and- cooperative agreement in excess of $100,000) and that all subrecipients shall certify and 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 malting or entering into this transaction imposed by section 1352, title 31, U.S. 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. Print: G` Title: NO .. EN Si nature PAu horized Rc res ntative . 56 'rum Lu , (Print Name of Firm and Authoriz d Representative) molhq g- Date: Hl, ,' l 1 D �) �"" J 1-08 This Form to b.e Faxed to: 305-375-1125 Attention: Mi-chael 0, Smart ATTACHMENT F teAt Q.-Yes, Q.Nd' U.I.St t., Pornmissioner Sign ,location address Plvs- soiecifi.c location OF sign placement tl I 11 1 Oty of South Miami, Public Works Depmlment South `y(• // MI-Amedes My I I I .+ W r 2001 Public Swimming Pool Feasibility Study Murray Park Master Plan Update Study Funded By: Miami -Dade County Office of Community and Economic Development - f FY 2003 Community Development Block Grant June 9, 2004 1 MCHARRYASSOCIATES ARCHITECTURE/ ENGINEERING/ PLANNING 2780 SW DOUGLAS RD. SUITE 302 MIAMI, FLORIDA M33 (305) 445 -3765 James W. Plersol, AA Thomas M. Carlson, AIA AAC000988 EB0003663 i Special thanks to the City Commission & Administration members who i participated in our one -on -one planning sessions to explore the numerous pool site option variations I City of South Miami Commission Mary Scott Russell - Mayor Velma Palmer - vice Mayor Craig Z. Sherar - commissioner j Marie Birts- Cooper -- Commissioner Randy G. Wiscombe —commissioner City of South Miami Administration Maria V. Davis - City Manager Earl Gallop - City Attorney Maria M. Menendez - City clerk i Alan Ricke - Parks & Recreation Director Joe Gibson - Community Redevelopment Agency Director Ajibola Balogun - Public Works Director Rudy De La Torre - Building Superintendent 1' We also wish to recognize the contributions from the following Consultants: Aquatic Design & Engineering, Inc. - Pool Design Kimley -Horn & Associates, Inc. - Civil Engineering - 1 - I Murray Park Master Plan Update City of South Miami Public Swimming Pool Feasibility Study Final Report Executive Summary May 10, 2004 The City of South Miami has, for many years, had a strong interest in making a public swimming pool part of the phased master plan for.Murray Park. When added to the Phase.1 Hope Butler Center completed in 2001, and the Phase 2 Community Center completed in 2003, the proposed Phase 3 Aquatic Center would complete the build out of Murray Park, and provide the City with a consolidated community /recreation center combining a range of athletic and recreational activities with educational opportunities for South Miami's youth and adult population. With these interests in mind, the city engaged the services of MCHarry Associates to analyze the feasibility and implications of constructing a public pool on the Murray Park property. Initially, the study focused on broad -brush scope issues including tentative city interest in an enclosed pool; interactive water play facilities; an infant pool; and a public pool capable of hosting competitive swimming events. Over the course of several meetings with the city, and a public workshop, the scope of study was refined to a public pool and infant pool, only, to meet the City's commitment to offer a safe and secure public swimming pool environment for city residents and the community at large. The following graphic exhibits delineate four separate alternatives to the Murray Park master plan, adding a public pool facility and making related changes to both public parking and basketball hard -court locations. The proposed alternatives are the product of more than a dozen meetings conducted over several months with a variety of individuals representing neighborhood interests„ the city commission, the community redevelopment agency, and the city's public works and parks and recreation departments. Each proposed alternative is organized, in part, around the city's interest in recapturing a meaningful playing field capable of hosting youth oriented field games at Murray Park. The options, for siting the pool have, therefore, been limited to the northwest and southwest corners of the site, preserving the largest possible open green space for this purpose. It is important to recognize that the full build out of Murray Park, as proposed, is significantly constrained by the limited amount of park property available. Presentation and. review of the various alternatives culminated with an April 29th Commission Workshop convened to solicit meaningful public comment and. critique, and to achieve a consensus on which alternative best meats the City's goals and objectives. No definitive direction was identified in the workshop for implementing a Phase 3 Aquatic Center at Murray Park. 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TABLE OF CONTENTS City.of South Miami Administration List Executive Summary I Table of Contents is CONCLUSIONS OF STUDY Final Four Options Predesign Cost Analysis Predesign Options and Maintenance Cost Analysis iPREDESIGN CODE ANALYSIS Summary Zoning Map Zoning Code Excerpts Civil Engineer Preliminary Findings Public Swimming Pool Fixtures required ;- Florida Building Code z TECHNICAL DATA Summary Pool Design Guidelines "Graphic Standards". for Playing Fields & Basketball courts It APPENDED INFORMATION Appendix "A" Public Workshop #1 Dec -9 -03 presentation Appendix "B" Public Workshop #2 Apr -29 -04 presentation Appendix "C" Meeting Minutes Apr- 29 -04: Commissioner Workshop a Apr- 22 -04: Pre - Commissioner Workshop Mar- 26 -04: Commissioners Wiscombe & Sherar Mar- 23 -04: Commissioner Birts- Cooper & Vice Mayor Palmer Mar- 17 -04: Mayor Mary Scott Russel . Mar- 15 -04: Ad Hoc Committee Mar -9 -04: Pre -Ad Hoc Committee Dec -9 -03 Work Shop Meeting #1 Nov- 11 -03: Kick -off Meeting —7— 1 -6 7 4 pgs 1 pg 1 pg 2 pgs 8 pgs 1 pg 1 pg 7 pgs 2 pgs 3 pages 3 pages 9 pgs 9 pgs 7 pgs 5 pgs 4 pgs 4 pgs 3 pgs 3 pgs 1 pg �,,,, - -.:iir 1 F FINAL. FOUR OPTIONS If NICHARRYASSOCIATES OPTION -1 sompooI Est - 81.8G J /10/04 3/13/041- l P FAurroy Park Pool Study ®PA810NO aEounm .. 133 PAMNO PROVIDE - 128 s w s a r n ®� •sr ow -srs osi -s- eca ..- y A FICFIARRY., ris s f Option 1— South Pool General Overview: This option locates the public pool facility in the southwest corner of the Murray Park site and northeast of the intersection of SW 581" Place and SW 68'" Street. The pool is approximately 67' wide and 82' long and accommodates eight, 25 meter, swimming lanes. Pool operations are supported with a new, 3500 sf, freestanding building which houses toilet/shower /locker rooms as well as pool equipment and storage area.. Vehicular Parking Implications: This option increases the minimum required on -site public parking count at Murray Park from 81 spaces to 133 spaces. Currently there are 100 spaces available at Murray Park. Accordingly, 33 new spaces must be added. This option. is capable of adding only 28 new spaces, representing a shortfall of 5 spaces. If the city chooses to pursue this option, the parking shortfall must be addressed. It Is Important to note that the adjacent CRA/Mobley building is not part of the city's park property. As a consequence, the related 25 space parking lot cannot be factored into the number of spaces available to service the Murray Park demand for parking unless approved via a city variance. Playing Field Opportunities: This option creates an open field area 160' wide by 250' long. These are marginal field dimensions for field games because they do not accommodate the sideline green space prudent for youth soccer et . al. Impact on Existing Park Facilities: In order to create the open field area described above, the two existing basketball hard courts must be demolished and reconstructed in the open area located between the Phase 9 Hope Butler Center and the Phase 2 Community Center. Predesign Construction Cost Analysis: $1.75 million Option 1 South Pool I I I JAIMCHARRYASSOCIA ZS Option 2 — North Pool Alternate A General Overview: This option locates the public pool facility on the northwest side of the Murray Park site between the Phase 1 Hope Butler Center and the Phase 2 Community Center. The pool is approximately 67 wide and 82' long and accommodates eight, 25 meter, swimming lanes. Pool operations are supported with a new, 2,600.sf, freestanding building which houses toilet/shower /locker rooms as well as a second, new, goo sf pool equipment and storage building added to the westside of the Phase 2 building. Vehicular Parking Implications: This option increases the minimum required on -site public parking count at Murray Park from 81 spaces to 133 spaces. Currently there are 100 spaces available at Murray Park. Accordingly, 33 new spaces must be added. This option is capable of adding only 26 new spaces, if a landscape area is to be maintained separating the east parking lot from the playing field. With this layout, a shortfall of 7 spaces results. This shortfall can be overcome if 16 new spaces are added to the existing eastside parking lot similar to Option 1. It is important to note that the adjacent CRA/Mobley building is not part of the city's park property. As a consequence, the related 25 space parking lot cannot be factored into the number of spaces available to service the Murray Park demand for parking unless approved via a city variance. Playing Field Opportunities: This option creates an open field area 160' wide by 250' long. These are marginal field dimensions for field games because they do not accommodate the sideline green space prudent for youth soccer at al. Impact on Existing Park Facilities: In order to create the open field area described above, the two existing basketball hard courts must be demolished and reconstructed in the open area located in the southwest corner of the Murray Park property. Predesign Construction Cost Analysis: $1.86 million Option 2 North Pool Alternate -A E %f5T_FP� SDB -�S TA i_tO N_ ^_ ___„� =" -- OPTION "2 A. -C7 -o "- 4 4 1 _ ucr arr. a+ +raec +paU NORTH Pool• All-mat. rn"n. T.1 bl lo"Ibn C.I.- SIAM Pool Siudy Murm Park �, PM NND REQUIRED v 117 r. ` 'r 'a¢ 1. _;S �® PIwNC PRCNDED " 128 i1 - -� -) �_— I � mwr 411.1 "' i "I •. r � , �'P � _ _ � •'- waxrt - U'+ 6 r __ -_� -- - - -- �� _ 9 CRA aFf ^ Y Yaa6 (.rlr �'� •'Fr44 _iii ' ______._.___ t "' wroi asr r -= Ma ."r•.lie sr'�1 ^ ' Ll_42�_l�_l�_1L C r.,. r s _ 1� •1i QI y +R W Ftaml .1�� C. j ac4:FfARRY" 5 W S a T H P L A C E \ y "'•�.L• "ES Option 2 — North Pool Alternate A General Overview: This option locates the public pool facility on the northwest side of the Murray Park site between the Phase 1 Hope Butler Center and the Phase 2 Community Center. The pool is approximately 67 wide and 82' long and accommodates eight, 25 meter, swimming lanes. Pool operations are supported with a new, 2,600.sf, freestanding building which houses toilet/shower /locker rooms as well as a second, new, goo sf pool equipment and storage building added to the westside of the Phase 2 building. Vehicular Parking Implications: This option increases the minimum required on -site public parking count at Murray Park from 81 spaces to 133 spaces. Currently there are 100 spaces available at Murray Park. Accordingly, 33 new spaces must be added. This option is capable of adding only 26 new spaces, if a landscape area is to be maintained separating the east parking lot from the playing field. With this layout, a shortfall of 7 spaces results. This shortfall can be overcome if 16 new spaces are added to the existing eastside parking lot similar to Option 1. It is important to note that the adjacent CRA/Mobley building is not part of the city's park property. As a consequence, the related 25 space parking lot cannot be factored into the number of spaces available to service the Murray Park demand for parking unless approved via a city variance. Playing Field Opportunities: This option creates an open field area 160' wide by 250' long. These are marginal field dimensions for field games because they do not accommodate the sideline green space prudent for youth soccer at al. Impact on Existing Park Facilities: In order to create the open field area described above, the two existing basketball hard courts must be demolished and reconstructed in the open area located in the southwest corner of the Murray Park property. Predesign Construction Cost Analysis: $1.86 million Option 2 North Pool Alternate -A l It EN �5T �FP O O — o 0 o° 11 10 m1 Qo Ue— STA7laN imm� . l l Q Qd Q Y VLl11Ya IO2[ n[I S W 6 B 7 R P L A C E OPTION-3 NORTH Pohl - Altamale •B" t Rakcata Tot Let - EnL =31AM .�urra A. rc4 , Murray Park Pool Study i 1®PARWN7 REWIRED — 133 PARIONa PRa`RUEa i]B i L I J .a •�Im . se a•m f.m m++mt _ 4[ LLO—llJ —LJ —LJ A . �[ • an: HARRY :.sOC.h •E9 Option 3 — North Pool Alternate B General Overview: This option locates the public pool facility on the northwest side of the Murray Park site between the Phase 1 Hope Butler Center and the Phase 2 Community Center. The pool is approximately 67' wide and 82' long and accommodates eight, 25 meter, swimming lanes. Pool operations are supported with a new, 2600 sf addition to the Phase 1 Hope Butler Center that will house toilet/shower /locker rooms. A second, new, 900 sf pool equipment and storage building is proposed to be added to the west side of the Phase 2 Community Center. Vehicular Parking Implications: This option increases the minimum required on -site public parking count at Murray Park from 81 spaces to 133 spaces. Currently there are 100 spaces available at Murray Park. Accordingly, 33 new spaces must be added. This option is capable of adding only 26 new spaces, resulting in a shortfall of 7 spaces results. If the city chooses to pursue this option, the parking shortfall must be addressed. It is important to note that the adjacent CRA/Mobley building is not' part of the city's park property.-As a consequence, the related 25 space parking lot cannot be factored into the number of spaces available to service the Murray Park demand for parking unless approved via a city variance. a Playing Field Opportunities: This option creates an open field area 160' wide by 250' long. These are marginal field dimensions for field games because they do not accommodate the sideline green space prudent for youth soccer et al. Impact on Existing Park Facilities: In order to create the open field area described above, the two existing basketball hard courts must be demolished and reconstructed In. the open area located in the southwest corner of the Murray Park property. Also, the proposed addition the Phase 1 building requires the Tot Lot to be relocated, in this option, to an area east of the playing fields and west of the eastside parking lot. Predesign Construction Cost Analysis: $1.88 million r Option 3 'i; North Pool Alternate - B it ra, q B — s TAT 10." — .-.- 5w s 9T n 7 - `�" - - ----I OPTION - 4 • A c c a tan.) I NORTH Pool • Alternate "C" emo Mo AEEUme k Dbley Bldg. O : O I /�,�/w• IIt. cwt- 22.2m 4 ; ' Hlurray Pork Pool Study •F � PBKD REDARED - W _4k,. onr PROV13ED - 144 [4! oM- 9T0.CE, -J� ETACE! .-r y '.'CHARRY• .:'::: �..1•. ES m Ilm Option 4 — North Pool Alternate C General Overview: This option locates the public pool facility on the northwest side of the Murray Park site between the Phase 9 Hope Butler Center and the Phase 2 Community Center. The pool is approximately 67' wide and 82' long and accommodates eight, 25 meter, swimming lanes. Pool operations are supported with a new, 2600 sf addition to the Phase 1 Hope Butler Center that will house toilet/shower /locker rooms. A second, new, goo sf pool equipment and storage building is proposed to be added to the west side of the Phase 2 Community Center. Vehicular Parking implications: m required on - This option increases the minimusite public parking count at Murray Park from 81 spaces to 133 spaces. Currently there are 100 spaces available at Murray Park. Accordingly, 33 new spaces must be added. This option is capable of adding 44 new spaces, exceeding the minimum requirement by 11 spaces. It is important to note that this option is predicated on city acquisition of the ,CRA/Mobley property, expanding the Murray Park site accordingly, demolishing the existing building, and using 25 space parking lot to meet a portion of the overall Murray Park vehicular parking requirement. Playing Field Opportunities: field option ames because they do accommodate ommod to tthe sideline green space ne necessary for youth soccer et al. 9 Impact on Existing Park Facilities: g the various master plan elements, the two existing In order to achieve acceptable relationships amon constructed in an open area located on the west end basketball hard courts must be demolished and re of the park property. Also, the proposed to the Phase 1 building requires the lot Lot to be addition relocated, in this option, to an area immediately south of the Phase 1 building. 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