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01-23-07 Item 10
South Miami SAMMOV CITY OF SOUTH MIAMI �� 1927aP OFFICE OF THE CITY MANAGER o Rt INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and .Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: January 23, 2007 Agenda Item No.:� Subject: Authorizing the City Manager to execute grant agreement extension with Miami -Dade County Office of Community & economic Development for Church Street Improvements Phase III. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL "- YEAR 2006 GRANT AGREEMENT EXTENSION WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR THE CHURCH STREET IMPROVEMENTS PHASE III; PROVIDING FOR AN EFFECTIVE DATE Request: Authorizing the City Manager to.execute fiscal year 2006 grant agreement extension with Miami -Dade County OCED. Reason /Need: Approval of the attached resolution.-, would allow us to continue providing much needed improvements`lo Church Street from SW 66th Street to SW 68th Street. Last year, Miami -Dade County OCED was approximately 5 months late in providing the original grant agreement. As a result, OCED realized the need to extend the agreement for 6 months (to June 30, 2007). It is our intent to complete the project before June 301,20,07. Cost: $200,000.00 Funding Source: Miami -Dade County Office -of . Community & Economic Development, Fiscal Year 2006 grant..t., Backup Documentation: Proposed Resolution Ll Revised Grant Agreement with Miami -Dade County OCED D Old /Current Grant Agreement with ,Miami -Dade County OCED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 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 2006 GRANT AGREEMENT EXTENSION WITH MIAMI -DADE COUNTY OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR THE CHURCH STREET IMPROVEMENTS PHASE III; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to accept grant from Miami -Dade County OCED; and WHEREAS, this agreement is intended to change the grand completion date from December 2006 to June 30, 2007. NOW, THEREFORE, BE IT RESOLVED /ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI„ FLORIDA THAT: Section 1. That the Mayor and City Commission authorize the City Manager to execute the grant agreement extension with Miami -Dade County Office of Community & Economic Development. Section 2. The attached exhibit is incorporate 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 , 2007. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: Community & Economic Development 140 West Flagler Street • Suite 1000 Miami, Florida 33130 M I A M I•DADE T 305 - 375 -3422 F 305 - 375 -3428 miamidade.gov ADA Coordination January 9, 2007 Agenda Coordination Animal Services Art in Public Places Mr. Ajebola Balogun, REM Audit and Management Services Public Works Director Aviation Building City of South Miami Building Code Compliance 4795 SW 75th Avenue Business Development Miami, Florida 33155 Capital Improvements Citizens' Independent Transportation Trust Re: FY 2006 CDBG Contract - $200,000 Commission on Ethics and Public Trust Communications Community Action Agency Dear Mr. Balogun: Community & Economic Development Community Relations This letter accompanies the FY 2006 CDBG Contract between the City of Consumer Services South Miami and Miami -Dade; County which includes a new completion Corrections & Rehabilitation date of June 30, 2007 and will contain a revised scope of services and Cultural Affairs Elections budget. Emergency Management Employee Relations The City Manager must sign and date all seven counterparts of each Empowerment Trust contract. Do not date the sentence that begins "IN WITNESS THEREOF, Enterprise Technology Services the parties hereto..." This will be completed by OCED. The city's seal Environmental Resources Management must be affixed to all copies returned to OCED. Fair Employment Practices Finance The following documents are required to continue processing this contract: Fire Rescue General Services Administration . Scope of Services Historic Preservation 0 Budget Homeless Trust • City of South Miami resolution authorizing the execution of the Housing Agency contract Housing Finance Authority Human Services . Miami -Dade County Affidavit Independent Review Panel . Affidavit of Financial and Conflicts of Interest International Trade Consortium * State of Florida Public Entity Crimes Affidavit Juvenile Services • Code of Business Ethics Affidavit Medical Examiner Metro -Miami Action Plan . Authorized Signature Form Metropolitan Planning Organization tin Park and Recreation Please return six of the seven executed counterparts to this office by Plank ndRecre Police January 30, 2007. Please ensure that you meet that deadline to prevent Procurement Management any delays in the execution of your city's agreement or the processing of Property Appraisa I payments for the expenditures of your project(s). Public Library System Public Works The following items contain the federal and OCED regulations, policies, Safe Neighborhood Parks and procedures that apply to this agreement: Seaport Solid Waste Management X Contract Compliance Manual X OMB A -122 Strategic Business Management X CDBG Revised Regulations (24 CFR Part X OMB A -133 Team Metro 570 -CDBG) Transit X OMB A -110 X F.S. 607.124 Task Force on Urban Economic Revitalization Vizcaya Museum And Gardens Water & Sewer - „, CDBG FY 2006 Municipality FY 2006 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 OCED Office of Community and Economic Development or its 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 Person A member of low- and moderate- income family i.e., a family whose income is within specified income limits set forth by U.S. HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County 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) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee IL 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 e 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. 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, 2006, July 10, 2006, October 10, 2006, January 10, 2007, April 10, 2007, and July 10, 2007. ffL11§EF,1,QuarterIy Reporting when Su bcontractors are Utilized ' zed Awardees are advised that when subcontractors or subconsultants are utilized to fulfill the terms and conditions of this contract, Miami -Dade County Resolution No. 1634 -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. . 2 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 its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and /or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low - moderate and low income- residents. The Awardee shall also report emographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section II - Fiscal Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section III - Minority Business Enterprise: Contract and Subcontract Activity Report (First and Third Quarter Progress Report)- The Awardee shall report to OCED the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2006, October 10, 2006, and April 10, 2007. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report. Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2006, October 10, 2006, and April 10, 2007. 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 3 as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section II, Paragraph D.4. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section 11, Paragraph D.1.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report'')' using the "Progress Report" specified in Section 11 Paragraph D.1.a. above , which shall describe the progress made b the Awardee in achieving f p g y o the objectives 9 1 identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2006 through December 31, 2006 and shall be received by OCED no later than January 10 2007: 3. Environmental Review - The Awardee immediately upon n locatin 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 h, Section E.5. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, 'Information for Environmental Review." 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. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 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. Affirmative Action Plan - The Awardee shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 1. The Awardee shall 'maintain current documentation that its activities meet one of the three ,(3) CDBG national objectives: a. To benefit low - and moderate - income persons; b. 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 4 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 24 CFR 57 0.606(b): (b) the requirements of 24 CFR 670.606 (c) governing the Residental Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606 (d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non- profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and 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. 9. The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these requirements. The Awardee shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than30 days after the completion of the coursework. This requirement may be waived in the sole discretion of OCED for Awardees who demonstrate knowledge of real estate 5 development and organizational management theory. 'OCED ;shall consider such waiver upon receipt of the written request by the Awardee'. F. Federal, State, and County Laws and Regulations 1. RULES, REGULATIONS AND LICENSING REQUIREMENTS The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be 'familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially, Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended 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 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin;, the Age Discrimination Act of 1975,, as amended, which prohibits discrimination on the basis of age; Title Vlll of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 112.46, 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.i 1857 h), as amended;- the Federal Water Pollution Control Act (33 U.S.C: 1251)7 as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee' shall report its compliance with Section 504 of the Rehabilitation Act whenever so' requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee' shall 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 .Employment, 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, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed' Affirmative Action Plan /Procurement Policy Affidavit. Firms' 6 whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 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. 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 statinq that the Awardee has adopted a Code that complies with the requirements of Section 2- 8.10) of the Miami-Dade County Code (Form A -12). 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) 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 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, 7 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 If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101- 12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title 11, Public Services; Title Ill, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation, only .the conflicting provision shall be 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 H. Construction If the Awardee engages 'in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 8 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 prior 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. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. 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. I. Audits and Records 1. The Awardee expending $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. The Awardee expending federal awards of $300,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These Awardees are required by OCED to submit "reduced scope" audits (e.g., financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Awardee's fiscal year. 4. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terns of this contract. E 5. 6. 7. 8. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract 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. 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. 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 agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 9. The Awardee shall ensure that its auditors share their audit results with OCED. This will include their completion of the monitoring instrument at the time that the agency undergoes its annual audit or reduced scope audit. The auditors must submit the completed monitoring instrument and the audit` report to OCED within six months after the conclusion of the audit period. J. Retention of Records 1. The Awardee shall retain all Contract Records for a period 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.1c., the Awardee must retain all contract records except those relating to real and non x endab e le P P ersonal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising ut of the services provided 9 p o �ded 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. 10 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. K. Provision of Records The Awardee shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. 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; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) 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. Notwithstanding the foregoing, the Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (114) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. L. Prior Approval 11 The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts or contract assignments, wherein -- CDBG funds will be used to pay for goods or services. The Awardee 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 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 budges 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 i 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 OCED 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. A Requests for budget revisions. Requests for approval of subcontracts. 12 Non - compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of 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 The Awardee shall ensure -that all publicity, public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo is permissible 2. The Awardee shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents. The signs shall be made of % inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials. The Awardee shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract:. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. P. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located 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 toward Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing 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. 13 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 p a rt 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` (i) 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 tY be subject to Y 1 and comply with Ordinance 97 -35 as amended, requiring Awardees to 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; (lows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and wards 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 e that may y agree with the Awardee d e to perform a portion of a contract. 14 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 C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives required by and defined in 24 CFR Part 570.208 for five (5) years following the expiration or termination of this contract, or for such longer period of time as determined by 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 Q.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 in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the 15 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 of real property, the Awardee agrees to execute a mortgage or loan document for the CDBG.: award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED'. This report 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 in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include 'a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market: value;' property inventory number; information on its 'condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts! with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED when and as requested by OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. - The Awardee shall obtain the prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased 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 tactivity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. If the Awardee generates program income, the Awardee may retain the program and I use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of this contract. These additional costs need not be of a kind that would be permissible as charges to this contract. However, the Awardee shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Compliance Manual. If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of thiscontract shall rule. 16 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 11, Paragraph D.2.a. The Awardee shall report Program Income for as long as it receives and /or has control over Program Ilncome generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using Program Income. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, lane fees, and investment income, shall be substantially disbursed to eligible loans, loan- related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. Any proceeds from the sale of property as detailed in Section 11, 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 17 1. Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County - Resolution No 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual; b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. Present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County 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; f. Incorporate the language of Attachment E, _ "Certification Regarding Lobbying. 2. 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 all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3'. The Awardee shall be responsible for monitoring the contractual performance of 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 prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Awardee shall receive written 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 18 The Awardee shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V. Method of Payment The Awardee shall be paid as described below: 1, The Awardee shall be paid) for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred„ Failure to comply may result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services and payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services 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. W. Reversion of Assets IM 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. 111. 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 $200,000. IV. The Awardee and 'OCED 'Agree- A. Effective bate 1.` This contract shall begin on January 1, 2006 . Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2.' This contract shall expire on June 30, 2007. 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, 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:' a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure' by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 20 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. 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. 5. 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. 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. 21 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 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED.. All budget revisions shall require the written approval of OCED. 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 22 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. K. Independent Private Sector Inspector General Reviews Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally ''/. of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process; including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all 23 documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and' agreements from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back- charge documents, all documents and records which involve cash, trade or 'volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section 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 1/4 of 1% of the total contract amount. L. Notice and Contact OCED's representative for this contract is Richard Hoberman.. The Awardee's representative for this contract is Ajebola Balogun.. The Awardee's principal office is a 6130 Sunset Drive, South Miami, Florida 33143. In the event that different representatives are designated_by either party after this contract is executed, or the 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: 'N /A 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. 0. 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. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue 24 beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Q. All Terms and Conditions Included: This contract 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 - Certification Regarding Lobbying; and Attachment F - PubUcity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. THIS SPACE IS INTENTIONALLY LEFT BLANK 01 IN WITNESS THEREOF, the parties hereto have caused this twenty -six (26) page contract to be executed by their undersigned officials as duly authorized, this day of 2007. AWARDEE: MIAMI -DADE COUNTY CITY OF SOUTH MIAMI BY: BY: NAME: Yvonne S. McKinley NAME: George M. Burgess TITLE: City Manager TITLE: County Manager DATE: ATTEST BY: TITLE: Clerk, Board of County Commissioners Witnesses: BY: (Signature) Maria M. Menendez City Clerk Federal ID Number: 59- 6000431` Resolution #: R- 131 -06 Awardee's Fiscal Year Ending Date: September 30 CORPORATE SEAL: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 26 RFA FY2006JAcronym: SIVIIAMI Date: SCORE: 111012007 FY 2006 Activity ID: 4010 Index Code: CD532CO29 Action Plan ID: IDIS Number: 2802 CATEGORY: Source District: finD Specific: Dist.Team: Capital Improveme6DBG 07 07 A Contract Number: 60125 Contract Shell Type: F. ......... : 6M MUNICIPALITY, .... . ........ 1 Description £ Applicant /Agency;/ Developer Job Informat M 59 X000431 . . .......... Applicant I Develo per (A.K.A.): Applicant Legal Address: 6130 SUNSET DR .. ........ . ..... . .............. . . ............. .............. City of South Miami CITY, ST, ZIP: FS� MIAMI 1 [FLJ.11, 133143 Contact: Ms.Julie L. Dalzell Applicant Type: Municipality Phone: (305) 663-6343 Title. Reconstruction Of Church Street- Phase III Description (254 Characters Max.): Continuation of roadway milling & resurfacing, sidewalk & curt) enhancement, paving & drainage improvements, landscaping, pavement marking, water & sewer improvements, street lighting and street furniture, at SW 59 Place from SW 66 St. to SW 68 St. �2��Fund>Ingl�ffllrma long FY05 FY05 IDIS # 2802 FY05 Fundinct: $100,000 FY06 Non-OCED Funding: $50,000 FY06 Requested Amount: $430,000 FY 2006 $200,000 Allocation: Agency Fiscal Year Start: End: AUDIT DUE: V.2005 3/29/2007 %OUI ILI 936L .... .. .... Officer: 231 Hoberman Number Of Units Proposed in Application Estimated 465 . . .............. Proposed by Funding: Cost per Unit (CPU) Contract Status: 1- CONTRACT PROCESSED Sent to County Sent to Clerk Issued Date 05/25/06 Scope Finalized 05/25/06 Attorney 05/25/06 of Board 06/02/06 Signed Date 05/25106 Budget Approved 05/25/06 Sent to County Returned from Manager 05/25/06 County Manager/ 06/07/06 Executed IX Activity Geo Address: Activity Gen City: ST: GeoZipCode: Census Tract: Block Group: If no street address, provide crossroads information: SW 59 PL FROM SW 66 ST TO SW 68 ST. HUD Code: HUD Activity Type: 03K Street Improvements Proposed: Accomplishment Type 1,000 People National Citation 570.201(c) Priority Need Infrastructure Folio Number (CI and HO only) 09-4025, sec 25-5440 National Objective: % Low/Mod: 570.208(a)(1) LMA % Small1kilin. Contractors: ATTACHMENT B -1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor 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 Contractor or . its employees, agents, servants, partners principals or subcontracfors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor. expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall. furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street, Suite #1000, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 combined single limit per occurrence for ,bodily injury. and property damage. Miami - Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single Jimit per occurrence for bodily injury and property damage. D.. Completed Value Builder'.s. Risk. Insurance`on . an `.`All Risk'.' basis..in_an.amountnot.less. than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B as to management, and no Tess than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund, Certificates will indicate no modification or change in. insurance shall be made without thirty (30) days in advance notice to the certificate holder n ) ATTACHMENT C :OGRESS REPORT FY 2006 *Select Quarter V) I" JAN -MAR ro AP"UN 3"° JUL -SEP ANNUAL REPORT tT 1: Activity Information gency Name: roject Title_ i ctivity Name: 4. Category: ctivity Address: 6. Commission District: ctivity Description: e• 10: Grantee Activity #: ` Funded Amount: c. 9.Sour AS No_ Y .gatrix Code: 12. Index Code: 13. National - Objective: ENTER YES M- OR NO (M FOR QUESTI.ONS 14 TO 17 14. Help Prevent Homelessness?: is.. Help Those With HIV /AIDS ?: 16. Primarily Help Persons With Disabilities ?: .17- Generate Program Income ?: ICATE ALL THAT APPLY WITH "X" FOR QUESTIONS. 18 TO 24 Section 108: _19. One - For -One Replacement: 20.Displacement 21. Float Funded: Special Assessment: 23. Revolving Fund: 24. Favored Activity: Float Principal Balance: [ndicate if the activity is 'located in CDFI Area or Strategy Area C/S: Area. Identifier. Unliquidated Obligations T 2- Area Benefit Information (complete this part if the national objective is LMA) ercent of Low/Mod in Service Area: 2. Surveyor Census Tract determination? (S /C): ensus Tract 4. Block Groups: Page 1 of 12 5 1241 PM _ i ATTACHMENT C PART 3- Direct Benefit Information (complete this part if the National Objective is LMC.LMH. LMJ i. Counts by Households or Persons? L Total Number Benefiting from the Activity: 3. Number of Female Headed Households: i. Number of persons served in Entitlement Area: S. Number of persons served outside of Entitlement Area: ;. Method of Verification by the Agency: T_ Presumed Benefit? (Y, i. Nature/Location Narrative: a. Nature/Location? (YNi:. Direct Benefit by Race/ Etbnic Category Note: The beneficiary information must be cumulative total from program start date. White Black or African American Asian American Indian/ Alaskan Native Native Hawaiian / Other Pacific Islander I I I American Indian/ Alaskan Native & White I I 1 Asian & White Black African American & White American Indian or Alaskan Native & Black Other Multi —Racial Totals Direct Benefit by Income Cat .. o , MOD LOW EXlltl?1viE1 Ylow TOTAL PART 4: SlumlBlight Area information (complete this .aart.if the, National Objective. is SBA} 1. Boundaries: 2 Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: 114. Slum/Blight Designation Year.. PART S: Job CreationlRetention Information (complete this part.if. the National Objective is LMJ) Table 1 Page 2 of 12 112106 134 PM ATTACHMENT C Table 2- Job OreationfReteRtion Inforination Total Job Total Job Total Hours Total Hours -Part Percent of Type Count- Full Count' -Full Part time Time-Low/Mod Low/Mod Jobs Time Job Time Expect to Create Expect to Retain Actually Created Actually Retained PART 6: CDBG Multi -unit Activity Set Up and Completion Information(for LMH activities rable 7 Units Total. Occupied Occupied. Low/Mod # of Units at Start # of Units expected at completion # of Units actually Completed Cable 2 Type Authorized Costs Actual Costs CDBG? Other Total "ART 7: DisDtacecnent Information (complete this part if displacement has occurred Type Census White Black Hispanic Asian/Pacific. American Tract Or Indian/Alaskan City `Displaced From Remaining In Relocated To TART 8: Replacement. Information' (complete this part if One -for One Replacement has ocourredI Type Demotished/Cotiveited Address Re laeemeat Address kof Bedrooms Agreement executed date Available Date 'ART 9: Activity StatuslAccomplishments Information (complete this part for all types of activities) A.ctivityStatus (Circle One): 1. Cancel 2, Completed 3. Underway 4n activity is considered to be completed when it meets the National Objective and after all the funds are drawn) ,. Proposed Accomplishment Type: 3. 'Proposed # of Accomplishment Units: Actual Accomplishments Type: " 5. Actual # of Accomplishment units during the year: Environmental Assessment Code: 7. Create Program Income? (YRN): Page3 of 12 6 12:41 P.M Accoimpiishnient narrative for the Ct year are only included. Maximum 6 tines) ATTACHMENT C At Program Year (Please make sure th4 _ccomplishments during the current By signing below L and appropriate records have been maintained, verify that the information in this report is accurate Prepared By: Date: Reviewed By: Date: FOR OGED USE:. ONLY Verified for completeness and accuracy by: Contract Officer: Date: Planner. Date: CMM Section Supervisor. Date: ` Planning Section Supervisor: _ Date: Division Director. Date: I Admin. Support Staff: IDIS UPDATE Page 4 of LZ '06 12.41 PM ATTACHMENT C QUARTERLY PROGRESS REPORT INSTRUCTIONS T 1. ACTIVITY INFORMATION +.gency Name: Enter the Name of the Agency 'roject Title: Agency Acronym and the Title of the Project (60 characters maximum) activity Name, Agency Acronym and the name of the activity (40 characters maximum) :�ategory: Enter the Category of the activity (e.g. Housing, Public Service, Ece. Dev etc.) activity Address: Enter the complete address of the location where the activity, is taking place commission District: Enter the Commission District # where the activity is taking place kctivityDescription: Enter brief description of the activity (120 characters maximum) :DIS No.: Enter IDIS No. of the activity. source: Enter the funding source (e.g. HOME 95). srantee Activity It: Enter the Grantee Activity No.(E.g_ B.00.020.235) gatrix Code: HUD Code applicable to the activity_; ndex Code: Enter the Index Code from FAMIS 4ational Objective: Enter the National Objective applicable to the activity. 3elp Prevent Homelessness ?: Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. 3elp those with HN /AIDS ?: Enter Y if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N_ 'rimarily Help Persons With Disabilities ?: Enter Y if the purpose of the activity is primarily help persons with disabilities; ►therwise enter N. senerate- Program Income ?: Enter Y if this activity is expected to generate Program Income; otherwise enter N. ;ecdon 108: Enter X if this activity is funded in whole or in part using proceeds from loans guaranteed under Section 108_ )ne for one Replacement: Enter X if this activity is a One -For -One Replacement Activity Nsplacement Enter X if this activity involve a displacement activity +lost Funded: Enter X if this activity is a Float Funded activity ;pecial Assessment: Enter X if this activity is a public improvement activity for which a special assessment will be levied. Ievolving Fund:. Enter X if this activity is funded through a revolving fund. ?avored Activity. Enter X if this activity is an economic development activity that is of important national interest and therefore nay be excluded from the aggregate public benefit calculation. Tloat Principal Balance: Enter the Float. principal balance if this is a float funded activity ndicate if the activity is located in CDFI Area or Strategy Area: Enter C or S depending upon whether this activity is located in L Community Development Financial Institution (CDFI) or a Neighborhood Revitalization Strategy Area_ Lrea Identifier: If you entered C or S in the previous field, enter the Area Identifier_ Jnliquidated Obligation: Enter the amount of orders placed. Contracts and grants awarded, goods and services received, and imilar transactions for which expenditure has not been reported as of the end of the reporting period. T 2. AREA BENEFIT INFORMATION 'ercent of Low/Mod in service area: Enter the percentage of low /mod persons in the service area_ purveyor Census Tract determination: Enter the method by which the.pereentage of low /mod in the service area was determines_ interS for Survey and C for Census. .ensus Tract: Enter the Census Tract for the LMA Service Area, Ilock Groups: Enter the Block Groups associated with the Census Tract T 3. DIRECT BENEFIT INFORMATION(complete this part if fhe National Obiective is LMC, :LMH or LMJ) 'ounts by-Households or Persons? (HR): Enter P for LMC or LMJ activity and H for LMH activity. "otal Number Benefiting from Activity: Enter the total number of persons benefiting from the activity_ umber of Female Headed Households: Enter the total number of female Headed Households. This field is not applicable to LMC and LMT ctivities. umber of persons served in Entitlement Area: Enter the total number persons served in Entitlement Area fumber of persons served outside of Entitlement Area: Enter the total number of persons served outside of the Entitlement Area. 4ethod of verification by the Agency :; Enter the method used by the Agency in determining the number of persons.served inside and outside of he Entitlement Area resumed Benefit? (YN: Enter Y if this activity is designed to exclusively serve a category of persons presumed by HUD- to be low /mod ncome. Please note that presumed benefit groups are limited to: abused children, battered spouses, elderly persons, disabled adults, illiterate dults, persons living with AIDS, homeless and Migrant Farm Workers. This field is not applicable to LMH and LMJ activities. ature/Location: Enter Y if the activity is considered low /mod because of the nature of the activity and the place it is being carried out. This ield is not applicable to LMH and LMJ activities. fature/Location Narrative: Enter a description of how the Nature /Location of the activity benefits a limited clientele, at least 51% of whom are )w /mod income_ Page .5 of 12 12:41 PM s . ATTACHMENT t PART 4: SLUM /BLIGHT AREA INFO...JIATION (_complete this part if the na....,nal objective is SBA) 1. Boundaries: Enter a description of the boundaries of slum/blight area (180 characters maximum) t. % of deteriorated buildings: Enter the percentage of buildings that were deteriorated when the area was designated as slum/blight. 1. Public Improvement/Condition: Enter a brief description identifying each type of improvement located within the area and its condition at the time the area was designated slum/blight(40 characters maximum). 1. Slum/Blight Designation Year: Enter the year the area. was designated as slum/blight. PART 5: JOB CREATION /RETENTION INFORMATION (complete this part if the National Objective is LMJ rabic 1: Direct or Deferred Payment Loan Information: [f CDBG assistance: for a job creation/retention activity is provided in the form of a loan, enter the Interest Rate, Amortization Period and the Amount. CDBG Grant Amount: If CDBG is being used to provide assistance in a form other than a director deferred loan, enter the amount provided fo this activity. cable 2: Enter the information about jobs expected to create, expected to retain, actually created and actually retained. PART 6: CDBG MULTI -UNIT ACTIVITY SET UP AND COMPLETION INFORMATION cable 1: Enter details of # of units at start, # of units expected at completion and # of units actually completed rabic 2: Enter the details of costs associated with the activity. PART 7: DISPLACEMENT INFORMATION inter the requested displacement information in the table PART 8: REPLACEMENT INFORMATION inter the relevant information in the table regarding Replacement as a result of this activity. PART 9: ACTIVITY STATUS /ACCOMPLISHMENTS INFORMATION(complete this part for 211 types of activities) t. Activity Status: Circle 1, 2 or 3. Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from IDIS_ Proposed Accomplishment Type: Enter I= People, 4= Households, 8 = Businesses, 9=0rganizations, 10= Housing Units, Il= Public Facilities, 13 =Jobs_ 1. Proposed # of accomplishment Units: Enter the proposed # of units to be accomplished. 1. Actual accomplishment type: Enter the actual accomplishment type. is Actual # of accomplishment units during the year: Enter the actual units accomplished. i. Environmental Assessment Code: Enter A= Exempt, C= Completed, D= Underway r Create Program income: Enter Yes or No. Page 6 of 12 /L06 12:41 PM ATTACHMENT C SECTION u. FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED . funds and expenditures covered by your organization's contract with OCED. This ' section of the report covers fiscal activities from the beginning of the contract date through the curt -off date covered by the report BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted activity. PROJECTED List the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut -off date of the report. ACTUAL List ALL the contract expenditures, whether or not they have been reimbursed. by the County, OCED that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures. that your organization anticipates will -be FOR NEXT REPORTING incurred in the implementation of the contracted activities through- PERIOD the end of next reporting period. PROJECTED CUMULATIVE List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation of the contracted activities through OF' ONT C C RA T PERIOD the end of the contracted period. U a a 0 ti w N w 0 tp ^Y 0 U �i � O H O N w A U (� O f� U O H W a� I O � a aW. OU O UO U 0 z a :.W a z' I r�" 6R3 `ti O � bD . O N r +. •O N Uo 4) O P•+ �. a; O c � dD Q H Rd 14 C1 M 0 a a N 0 lo In In s ATTACHMENT C SECTIk —i III: MIIYORITY BUSINESS ENTERPRIS -.• DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving.funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that LRS_ has assigned to the Vendor/Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID #: Enter the Employer' Number that LR.S. has assigned to the Prime Contractor as a unique, identifier. This information must be provided for each vendor listed. RACEIETHNIC GROUP: Enter the .numeric code (1 through 6) that identifies the raciaVethnic background of the owner(s) and controller(s) of ' 51% of the business. If 51 %e of the business is not controlled by any single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor 's /subcontractor's/vendor's services. The codes are mentioned in the front of this page AMOUNT OF CONTRACT/ Enter the total -amount expended for goods., services, supplies, SUBCONTRACT OR and/or construction costs for each vendor, contract and PURCHASE: subcontract. In cases where commodities or equipment purchases comprise the majority of the expenditures for the period, then combine all expenses for the reported period. TOTAL: Enter the total amount of dollars expended `.on goods, services, supplies, and /or construction for all contracts, subcontracts, and purchases that occurred-during the reporting period. AFRICAN AMERICAN CHART NUMER OF CONTRACTORS, Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during the reporting period. VENDORS This information must be reported for organizations with at least 51% African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African ACTIVITY: American firms from funds expended by your organization during the reporting period. V 5� W Z U a a a wU ti V4 w z �r N V a C7 N 0 M a W a e-� M U U a 0 A ^ .z E-� U Y H A z o w � r � U 9 H a zo U W 0 f¢-' J t_' Q j W 01- 0 Wti¢ CL U) Of J i¢- J Q Q Z Cn Q [i U OCO W WOW ZtL0�O aoF - i- Z U Z W aw�o> U mF-U �:Hzap ILZ) O� ¢z0U) J z O .y E C! CO � C N [A m 7a -E m O 0'a. d� d cu v.k Q _ C m N. U �.C6 p e� m y C W O N Q p 4) 7 U Lo w m a W¢ W O 9 (.) 1 U o Q p 0 2 C C cc C:j m c E = U N CA ? 7 ca •+ C C N N � C 0 0 C y m Z m m m 3� COVE m > w m IV zcowC.. cn =A A4 to 000000 tL00000 z z 0 0� U Oa ui F Q ° z zo 0 V Uw a°W0F -- }dZWO F - U - NCi a Z z w¢ U iE U ff Q ww UW�WQw i¢ZQV� trilWU >QZw F- _ _.a Q uiMu- �1L �QzzQo N (n � tF) to N O_ N a 0 N ATTACHMENT C ' U.S. HUD SECTION 3 REPORT ART THREE - SUMMARY — Indicates the efforts made to direct the employment and other economic opportunities ;aerated by HUD financial assistance for housing and community development programs, to the greatest extent asible, toward low — and very low -income persons, particularly those who are recipients of government assistance for )using. (Check all that apply.) ❑ Attempted to recruit low - income residents through: local advertising media, signs prominently.displayed at the project site, contracts with community organizations and public or P rivate agencies operating n wi thin the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. ❑ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. '❑ Coordinated with Youth build Programs administered in the metropolitan area in which the Section .1 covered project.is located. L] Other, describe below: Page I I of 12 6 I2.4I. PM SECTION M. U.S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low- Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: $ PERIOD REPORTED: QTR ATTACHMENT t 1 2 3 4 (CIRCLE ONE) REPORT REVIEWED /APPROVED BY: TELEPHONE ff: (SIGNATURE) PART ONE — EMPLOYMENT & TRAINING — To be completed for each project and submitted quarterly to OCED by April 15, July 15, October I5 and January. 15. JOB CATEGORY A B C D. E F G % B TO Total Total New % of New Total Total % of RACIALIETHNIC CODES 1 2 3 4 5 3 New Hires who Hires that Employee Awarded Employee Hires are are Trainee Employee Trainee White African Native Hispanic Asian. or American (Total of Section 3 Section 3 Hours Trainee Hours Amer. Amer. Amer. Amer. Pacific Column Residents Residents worked Worked by Amer. G. 115) (B /A) Hours Section 3 CONSTRUCTION Residents Worked (EID) by Section 3 Residents PROFESSIONAL TECHNICIAN OFFICE/ CLERICAL CONSTRUCTION BY TRADE (LIST) TRADE: TRADE: TRADE: TRADE: TRADE: OTHER: TOTAL: PART TWO — SUBCONTRACTS AWARDED — for goods and services associated with this project. TYPE OF A B C D CONTRACT Total S Total S % B TO NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY Amount of Amount of A RACIAUETHM.0 IDENTIFICATION Contracts Contracts 1 2 3 4 5 6 Awarded Awarded to White African Native Hispanic Asian- Hasidic Section 3 American American American American Pacific Jew Businesses -Amen-can CONSTRUCTION NON - CONSTRUCTION Page 12 of 12- Progress Report 3r2M 12:41 PM Page 2 of 5 9. Detailed description of activity or project: 10. Purpose of activity or project: 11. Status of activity or project: Part ]I. Will the activity or project result in the following? Yes No Change in use Sub - surface alteration (i.e. excavations) New construction Renovation or demolition. Site i nprovernents (utilities, sidewalk, landscaping, storm drainage, .parking areas, drives, etc.) Building :improvements (windows, doors, etc.) Displacement of persons, households or business Increase in population working or living on site Land acquisition Activity in 100 -year floodplain A new non-residential use generating at least 1,375;000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatruent of sewage, etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water)_ ` Page 3 of 5 Part III. ; A, Site Information Land use (please - describe) Existing Proposed .B. If' activity includes new construction, renovation or rehabilitation, photographs must be provided of each side (front, 'rear' and sides) of the structure(s) proposed for assistance and the buildings on the .abutting lots. The photographs shall.- be identified by address. In addition, provide for each existing structure on the site, the followinginformation: • : Existing structure(s)on site: Yes No Estimated age. of structure(s) C. Other Sitd f nforination: Yes No Flood insurance required. Public water available on site? Public sewer available on site? Children under 7 years of age residing on site or relocating to site (including day care facility)? Hazardous waste disposal facility. Storage of hazardous materials on site? Abandoned structure(s) -on site? t Page 4 of 5 D. If the proposed activity includes a new structures) or site improvements on a site of one (l) acre or more, a site plan must be provided. Project(s) will not be- environmentally reviewed without a site plan. E. If the proposed activity includes rehabilitation or renovation of structure(s), indicate the estimated cost _ and 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) F. If the proposed activity involves the transfer of any property, new construction or a securing of a loan for nonresidential parcel, provide a Phase I Environmental Audit determining 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 (DERNI), Florida Department of Environmental Protection (FDEP) and U.S. -Environmental Protection Agency (EPA)).; and inspecting the site for physical evidence of contamination such as damage- vegetation or stains in the soil:. Has a Phase I been performed: Yes _ No _ If yes, a copy of the Phase I Environmental Audit must be submitted. G. 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. CEI T�'fCATION IWGARDING LUBBI'Il�G ATTACHMENT E Certifiwdott for Contracts. Grants, Loans and Coopomfive Agreements ' The "undersigned certifies, to the best of his or her knowledge. and behalf fihei; 1. No Federal appropriated funds have been pair[ or will be Paid, by or on behalf of the undersigned, to any pergon for influencing a- aftw2pft to influence an of or employee of any agency, a Member of Coagrtss,. an officer or employee of Congress, or an employee of a Member ' cif Congmss in oonaeeton with the awarding of any Federal contraA tiie belong-of any Federal grant, the malang of any Federal loan, d3z entering into of any coopmv&e agreement, and the exteasion, oontiauation, renawal, amendment, or modification of any Federal contract, great, - loan or 000pw ve agreement. 2. If any, funds other, than Federal appropriated fWxb have been paid or will be paid to. any pin for influencing or att=PtMg to influence an officer or esmployee, of agenay, s Member of Congress, an officer or employee. of Congress, or an employee of's Member of Congress in connection vd& this Federal contract, grant, loan or cooperative agmmnaat, the nndersigaed Shall complete and submit Standard Form LLL, ` DisCiosure Form to Report Lobbying," in* accordance with its . iasfrirctions. - - 3.. The. undersigned shall require that the language of tl3is ceriifica#:ion be included in &e award documents for all subwards at all tiers Cmcluding suboontracts, subgrants, and facts under grants, loam. and. wopmstive agreements) and that - all siibrempients shall earthy and disclose accordingly. 4. This oezpficafion is a material won 'of fact upon which reliance was planed whm this transaction was made or entered into. Submission of this certification is a prerequisite for Wig' or enteung into this transaction imposed by section 13 52, title 31, U.S. Code. Any paisan who fails to frle the required aerfi.ficatiou shall be subject to a civil penalty of not Iess fan $10,000 and not more thwi $100,000 for each such BY: . (Btgnetan of Aatkoriwd Rapraaat R&P—) NAME: (Prtat Name of Fh-m and Au&odwd Rapreeant h's) ITME: DATE: 21 1011 -I ATTACHMENT F Sign The sign (s) shall be made of % inch thick marine plywood, ' newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials.- The Contractor shall place the sign (s) securely braced and mounted. All materials' shall be provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion -of the contract Sign Support The sign 'shall be free standing, prominently displayed as directed by OCED representative, and supported by two 4 "x4 "x10' pressure - treated timbers securely fastened to the rear of the sign and sunk 4' below grade. Clearance from the bottom of the sign to the ground shall be 1'. Project Name Project Cost Entity Clerk of the Circuit and County Courts` Miami -Dade County George M. Burgess Carlos Alvarez County Manager Mayor Board of County Commissioners Murray A. Greenberg 9 County Attorney 41011 Bruno A. Barreiro Chairman MIAMI -DAD C 0 Barbara J. Jordan 4 • ���� " F E COMMUNITYAND ECONOMIC DEVELOPMENT Vice-Chairwoman Barbara J. Jordan Katy Sorenson District I District 8 Dorrin D. Rolle Dennis C. Moss District 2 District 9 Audrey Edmonson ; Sen. Javier D. Souto District 3 District 10 Sally A. Heyman Joe A. Martinez District 4 District 11 Bruno A. Barreiro Jose "Pepe" Diaz District $ District 12 Rebeca Sosa Natacha Sei'as ATTACHMENT F Sign The sign (s) shall be made of % inch thick marine plywood, ' newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials.- The Contractor shall place the sign (s) securely braced and mounted. All materials' shall be provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion -of the contract Sign Support The sign 'shall be free standing, prominently displayed as directed by OCED representative, and supported by two 4 "x4 "x10' pressure - treated timbers securely fastened to the rear of the sign and sunk 4' below grade. Clearance from the bottom of the sign to the ground shall be 1'. Over 25 Years of Ll thenin Miami Dade County 41 011 J District 6 District 13 Carlos A. Gimenez District 7 Harvey Ruvin ' Clerk of the Circuit and County Courts` George M. Burgess County Manager 211011 Murray A. Greenberg 9 County Attorney MIAMI -DAD C 0 4 • ���� " F E COMMUNITYAND ECONOMIC DEVELOPMENT Over 25 Years of Ll thenin Miami Dade County 41 011 �JC 2 Church Street Improvements CDBG FY 2006 Phase III Municipality FY 2006 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: 1. Definitions OCED Office of Community and Economic Development or its 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 Person A member of low- and moderate- income family i.e., a family whose income is within specified income limits set forth by U.S. HUD.. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County 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) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee The Awardee Agrees: A. Type of Activity The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. B. insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. 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 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. 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, 2006, July 10, 2006, October 10, 2006 and January 10, 2007. b Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when subcontractors or subconsultants are utilized to fulfill the terms and conditions of this contract, Miami -Dade County Resolution No. 1634 -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. 2 ■ IIIIIIIII ■ IIIIIIIII 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 its activities under this agreement by completing the following portions of the Progress Report Form: Section 1- 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 11- 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 111- 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, 2006 and October 10, 2006 . Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2006 and October 10, 2006. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information 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 3 E. M as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section 11, Paragraph DA. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section II, Paragraph D.1.a and Paragraph D.3. 2. Annual Report ` (Fourth Quarter Progress Report)- The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using 'the "Progress Report" specified in Section 11, Paragraph D.1.a. above, which shall describe the progress made by the Awardee` in achieving each of the objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2006 through December 31, 2006 and shall be received by OCED no later than January 10, 2007. 3. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article 11, Section E.5: of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." Notwithstanding any provision of this Agreement, the parties' hereto agree funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the County of a release of funds from the U.S. Department of Housingand Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on''the County's 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 11, Paragraph i of this contract` as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with' all applicable provisions of 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 II, Paragraph Q of this contract. 6. Affirmative Action Plan - The Awardee shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. 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 4 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 24 CFR 57 0.606(b): (b) the requirements of 24 CFR 670.606 (c) governing the Residental Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606 (d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non- profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, OCED's written environmental clearance statement and shall agree in'writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and 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. 9. The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these requirements. The Awardee shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than30 days after the completion of the c:oursework. This requirement may be waived in the sole discretion of OCED for Awardees who demonstrate knowledge of real estate 5 development and organizational management theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. F. Federal,, State, and County Laws and Regulations I 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 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 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin;, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vlll of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy and Conservation Act ,(Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. 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 Count for each working day during each of twenty 20 or County g ,y g y ( ) 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 Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368);- Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall 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 Employment, 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, as a part of their proposals /bids to be filed with the Clerk of the Board an a ro riatel I'll p y completed and ,signed' Affirmative Action Plan /Procurement Policy Affidavit. Firms 6 ■ whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. Domestic Violence Leave Affidavit: Prior to entering into any contract with the Gouty, 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 stating that the Awardee has adopted a Code that complies with the requirements of Section 2- 8.1(i) of the Miami -Dade County Code (Form A -12). 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017' for Category TWO ($10,000) 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 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, 7 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 ad 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 a. Related -Party Disclosure Information 9. - Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave' Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 - 12213 and 47 U.S.C. Sections 225 and 611 including Title J, Employment; Title 11, Public Services; Title 111, Public Accommodations and Services 'Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C` Section 3601 -3631. G. Conflicts with Applicable Laws If any provision of this 'contract conflicts with any applicable law or regulation, only the conflicting provision shall be 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 H. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action,, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and <pre-award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 8 J 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 prior 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. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. 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. I. Audits and Records The Awardee expending $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. The Awardee expending federal awards of $300,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These Awardees are required by OCED to submit "reduced scope" audits (e.g., financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Awardee's fiscal year. 4. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment 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 agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 9. The Awardee shall ensure that its auditors share their audit results with OCED. This will include their completion of the monitoring instrument at the time that the agency undergoes its annual audit or reduced scope audit. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. J. Retention of Records 1. The Awardee shall retain all Contract Records for a period 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' assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 10 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. K. Provision of Records The Awardee shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (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 from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. z� : ^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; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts 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. Notwithstanding the foregoing. the Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (114) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. L. Prior Approval 11 The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee 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 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 i I The Awardee shall permit OCED -and other p ersons duly authorized thonzed b OCED to inspect ect 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 OCED 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 noi 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. ➢ Requests for budget revisions. ➢ Requests for approval of subcontracts. 12 Non- compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of 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 place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. P. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located 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 toward Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing 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. 13 J. i ne Awaraee agrees to sena io eacn iaoor organizanon or represeniauve or workers wtin 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. 8 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). 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 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; allows local 'subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and p 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 conditign of award, provide a statement of their subcontracting policies and procedu i.:(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. 14 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 Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents;, inventions, and copyrights C. Nonexpendable Personal Property,: Tangible personal property of a nonconsumable nature, with a value of $500 or more peg item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives required by and defined in 24 CFR Part 570.208 for five (5) years following the expiration or termination of this contract, or for such longer period of time as determined by 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 Q.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. G. All real property purchased in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating. whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the 15 3. 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 of real property, the Awardee agrees to execute a mortgage or loan document for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. 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. The Awardee shall comply with the nonexpendable personal property requirements as stated below. a. All nonexpendabie personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include a description of the - property; location;: model number; manufacturer's serial number; date of acquisition; funding source; unit` cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendabie personal property purchased in whole or in part with funds from this and previous contracts with -OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED when and as requested by OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpendabie 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 shalt obtain the prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendabie personal property purchased 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. If the Awardee, generates program income, the Awardee may retain the program and use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of this contract. These additional _ costs need not be of a kind that would be permissible as charges to this contract. However, the Awardee shall not, under any' circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and, applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Compliance Manual. If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. 16 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 11, Paragraph D.2.a. C. The Awardee shall report Program Income for as long as it receives and/or has control over Program Income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using Program Income. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan- related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. L Any proceeds from the sale of property as detailed in Section 11, 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 17 1. Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract `Compliance Manual; b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. Present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County 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; f. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 4. 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 all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services` provided in this subcontract. 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 The Awardee shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 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. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of an obligation b OCED in p y 9 Y , excess of the total dollar amount agreed upon this contract. 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 18 The Awardee shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V. Method of Payment The Awardee shall be paid as described below: The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred, Failure to comply may result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services and payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services 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 riot 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. W. Reversion of Assets HE 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 $200000. IV. The Awardee and OCED Agree A. Effective Date 1. This contract shall begin on January 1, 2006 . Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31, 2006. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County.` The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. Suspension 9. OCED may, for reasonable causes, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shalt be determined by OCED in its sole and absolute discretion, and may `include a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED ` may at any time suspend the. Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 20 3. OCED 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. C. Termination 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. 5. 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. 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. 21 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 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. 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 22 ■ 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 anyway the meaning or interpretation of this contract. I. Minority Participation In order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. K. Independent Private Sector Inspector General Reviews 1. Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally'/ of 1 % of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General _is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all 23 i documents and records in the Provider's possession, custody or control which, in the Inspector > General or IPSIG's sole- judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements: from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which. involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents. and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section 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. L. Notice and Contact OCED's representative for this contract is Jesus Hernandez. The Awardee's representative for this contract is Joanna Revelo. The Awardee's principal office is at 6130 SUNSET DR, S MIAMI, FL 33143. In the event that different representatives are designated by either party after this contract is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment 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. 0. 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. • Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue 24 beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Q. All Terms and Conditions Included: This contract 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 - Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. 25 IN WITNESS THEREOF, the parties hereto have caused t'O?CO�4 t ix (26) page contract to be executed by their undersigned officials as duly authorized, this "A'-d 2006. D U TY W RDEE: M IAMI -DA N A A , City of South Miami C BY BY: NAME: VVonne S. McKinley NAME: eor M. Burgess TITLE: Acting City Manager - TITLE: County Ma ages 1 DATE: I BY: ATTEST NAME BY: A. TITLE: Clerk, Bo d of County TITLE: Commissioners Z e DATE �pR�OP . °, Witnesses' BYL4(!gnature Type or Print Name BY: (Signature) Type or Print Name Federal ID Number: 59- 6000431 Resolution #: /yam f7(o - �oZ /fS'r Awardee's Fiscal Year Ending Date: 9/30/2006 CORPORATE SEAL: i CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 26 RFA F`r(20061 Aerr:. -Im: SMIAMI Date: SCOT 4/24/2006 FY 2006 Activity ID: 4010 Action Plan ID: Index Code: CATEGORY: Source Capital ImprovemeGIDBG Applicant / Developer (A.K.A.): City of South Miami Applicant Type: Municipality IDIS Number: District: MD Specific: Dist.Team: 07 07 Contract Number: [CO Contract Shell Type: r Applicant Legal Address: 16130 SUNSET DR CITY, ST, ZIP: IS MIAMI I FL 33143 Contact: Ms.Joanna Revelo Phone: (305) 668 -2514 Title: Reconstruction Of Church Street- Phase II Description (254 Characters Max.): Continuation of roadway milling & resurfacing, sidewalk & curb enhancement, paving & drainage improvements, landscaping, pavement marking, water & sewer improvements, street lighting and street furniture, at SW 59 Place from SW 66 St. to SW 68 St. FunnO��n�o'rr�afo r3CacIfor�maf OSee FY05 Contract # 50816 Contract fficer• FY05 IDIS # 2802 "` f4;f _ __€ Parltnsor Fundin 104 000 Planner: - _ ^::,,;,:;:_::___: FY06 Non -OCED Funding: $50,000 FY06 Requested Amount: $430,000 FY 2006 $200,000 Allocation: Agency Fiscal Year Start: End: AUDIT DUE: IE]l] I1i7TItfO /(2'QDO- 3/29/2007 1/1/2006 12/31 /2006 Issued Date Scope Finalized Sent to County Attorney Number Of Units Proposed in Application 1,000 Estimated : 465 Y 9= Proposed b Funding: == == P Cost per Unit (CPU) Contract Status: 3- AGREEMENT SENT TO AGENCY FOR Sent to Clerk of Board Signed Date Budget Approved Sent to County Returned from Manager County Manager/ Executed ��,��+�r • .t - �'M�`"°'w�` #u �:�t'�`�n t,�,. ,�� r'� �y,, �� '�' Hx..aa'�� ..,, �: ���xa .- ?;�.,:ca��v�.`„��.;i���i� �u��� ...�€.�.�,s�,3e'�._�:..E�xT+�� .;s:`��K:.x�'.>:' , Activity Geo Address: Activity Geo City: ST: GeoZipCode: Census Tract: Block Group: If no street address, provide crossroads information: Folio Number (Cl and HO only) SW 59 PL FROM SW 66 ST TO SW 68 ST. 09 -4025, sec 25 -5440 HUD Code: HUD Activity Type: 0310 Street Improvements Proposed: Accomplishment Type 1,000 People National Citation National Objective: % Low /Mod: 570.201(c) 570.208(a)(1) LMA Priority Need Infrastructure % Small/Min. Contractors: - x.,..22-, N o N n o y co w o N S. (C) o. 0 0 CD rt Q �� .3 3 0 aV co CD C) C Q C C 00 Q YJ �. CD CL N -2 O C 0 Co T O C7 T�T ^WW Z 1 cn CD N cn 0 TO V m O Inl^ V/ m C) m 1, W RIM END' • e rvO ' 1 Mj+�Y.p:� �''� • 61 �� d -411 • 1, PIM ''M°" Mill i fi p 7 e • 4 VI, VI, 1. AIN All xs- • e IN k �• if i • Cc 9 � j v`f x i • A! r Mal cm 2 V t s ty hri na co :. CO C= l a co Z 1 cn CD N cn 0 TO V m O Inl^ V/ m C) m 1, ATTA HKENT B CITY OF SOUTH MIAMI CHURCH STREET IMPROVEMENTS - PHASE III CDBG FY2006 SUMMARY BUDGET JANUARY 1, 2006 - DECEMBER 31, 2006 CATEGORIES PRIOR YEAR FUNDING FY 2006 FUNDING NON -OCED FUNDING TOTAL I. Personnel $4,000 $8,000 $ 0 $8,000 Ii. Contractual Services $18,548 $30,000 $10,000 $40,000 I11. Operating Services $ 0 $ 0 $0 $0 IV. Capital Outlay $77,452 $162,000 $40,000 $202,000 TOTAL BUDGET $100,000 $200,000 $50,000 $250,000 SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA $ 50,000 i CITY OF SOUTH MIAMI, INC CDBG FY 2006 RECONSTRUCTION OF CHURCH STREET SW 59TH PLACE- IMPROVEMENTS DETAIL BUDGET' January 1, 20 r December 31, 2006 PP , Non -OCED OCED Total OCED Total All Sources 4010 PERSONNEL- Employee FICA sala X7.65% 0 0 Regular- Salaries 0 21012 Environmental Audit 0 0 Public Works Director/ PW Staff Sub-Total Fringe 0 $5,000 $5,000 $5,000 Chief.Accountant/Finance Staff 40,000 0 $2,000 $2,000 $2,000 Grants Administrator Total Personnel 0 $1,000 $1,000 $1,000 Sub-Total Salaries 0 0 $8,0001 $8,000 $8,000 4010 Fringe Benerits FICA sala X7.65% 0 0 0 0 0 21012 Environmental Audit 0 0 0 Sub-Total Fringe 21030 Other Professional- Svc Const M mt 0 0 0 0 40,000 21030 Other Professional Svc 0 0 0 Total Personnel 22350 Bottled Water 0 8,000 8,000 8,000 Contractual Services 21011 External Audit 0 0 0 0 21012 Environmental Audit 0 0 0 0 21030 Other Professional- Svc Const M mt 10,000 30,000 30,000 40,000 21030 Other Professional Svc 0 0 0 0 22350 Bottled Water 0 0 0 0 25330 Rent Copier 0 0 0 0 25511 Building Rental 0 0 0 0 - Total Contractual 10,000 30,000 30,000 40,000 - Operating Expenses 31011 Telephone Regular 0 0 0 0 310.11 Telephone Lon Distance 0 0 0 0 31610 Postage 0 0 0 0 31420Advertisin Radio 0 0 0 0 Total O eratin Ex en es 0 - 0 01 0 Commodities 31510 Outside Printing 0 0 0 0 95020 Computer Purchase 0 0 0 0 47010 Office Supplies/ Outside Vendors 0 0 0 0 Total Commodities 0 0 0 0 Capital Outla 90 Construction .40,000 162,000 162,000 202,00 Infrastructure Improvements 0 0 0 0 Total Ca iial Outlay 4010 00 - 162 000 162 000 .202,000 TOTAL BUDGET 250,0001 50,0001 200000 200,0001 ATTACHMENT ! COUNTY ) FOR CONSTRUCTION • I MAJOR c/ . 1 ACTIVITIES ORS � Contractor 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 Contractor or its employees; agents, servants, partners principals or subcontracfors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or _nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street,. Suite #1000, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: _ A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less -than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami - Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed. Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an. _ amount not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than . "B" as to management, and no less than. "CIass V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management. Division. or Ei�Kr tam. ROGRESS REPORT LRT 1• Activity Information Agency Name: Project Title:_ Activity Name Activity Addre ATTACHMENT C FY 2006 'Select Quarter ( ✓) 1't JAN -MAR V0 AP UN 3n° JUL -SEP ANNUAL REPORT 4. Category: 6. Commission District: Activity Description: - -- LDIS No. 9.Source: 10: Grantee Activity #:_ - Funded Amount: Matrix Code: 12. Index Code: 13. National Objective: E010211 14. Help Prevent Homelessness ?: AS.. Help Those With HIV /AIDS ?: 16. Primarily Help Persons With Disabilities ?: . 17. Generate Progra DICATE ALL THAT APPLY WITH "X" FOR QUESTIONS 13 TO 24 Section 108: 19. One - For -One Replacement: 20.13isplacement: 21. Float Funded:_ . Special Assessment: 23. Revolving Fund: 24. Favored Activity: Float Principal Balance: Indicate if the activity is located in CDFI Area or Strategy Area C/S: . Area Identifier: Unliquidated Obligations: LRT 2: Area Benefit Information (complete this part if the national objective is LMA) Percent of Low/Mod in Service Area: 2. Survey or Census Tract determination? (S /C): :7ensus Tract: 06 1241 PM 4. Block Groups:. Page ( of 12 ATTACHMENT C FIT 3:. Direct Benefit Information (complete this part if the National Objective is LMC,LMH,_ LMJ :�ounts by Households or Persons? (H/P): total Number Benefiting from the Activity: 3. Number of Female Headed Households: lumber of persons served in Entitlement Area: lumber of persons served outside of Entitlement Area vlethod of Verification by the Agency: ?resumed Benefit? (YIN): a. Nature/Location? (Y/1): Vature/Location Narrative: Whitt Black or-African American Asian American Indian/ Alaskan Native Native Hawaiian I Other Pacific Islander American Indian/ Alaskan Native & White Asian & White Black African American &White American Indian or Alaskan' Native & Black African Ameri can Other Multi — Racial Totals Direct Benefit by Income Cat o MOD LOW l CURRAELYLOW TOTAL PART 4: Slum /Blight Area Information (complete this part if the: National Objective is SBA 1. Boundaries: 2 Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: 4. Slum/Blight Designation Year:, PART 5: Job Creation/Retention Information (complete this part if. the National Objective is LMJ) Page 2 of 12 !06 1:34 PM ATTACHMENT C -ir-5.1 . 7_ 1-16 Infnrinatinn 'type Total Job Count -Full Time Job Total Job Count -Full Time - Low/Mod Total Hours Part time Total Hours -Part Time- Low/Mod Percent of Low/Mod Jobs Expect to Create Black # of Units expected at Completion Total American Indian/Alaskan Displaced From Expect to Retain Actually Created Actually Retained Relocated To PART 6• CDBG Multi -unit Activity Set Up and Completion Information(for LMH activities) Units Total. Occupied Occupied Low/Mod # of Units at Start Census Tract Or City Other Black # of Units expected at Completion Total American Indian/Alaskan Displaced From # of Units actually Completed /_ A Type Authorized Costs Actual Costs CDBG Type Census Tract Or City Other Black Hispanic Total American Indian/Alaskan Displaced From PART 7- Displacement information (complete tnls pars IT aispiacemenz nas oGGGirrmu) Type Census Tract Or City White Black Hispanic Asian/Pacific American Indian/Alaskan Displaced From Remaining In Relocated To na -T a. this nnrt if One -for One ReDlacement has occurred) Type Demolished/Coriverted Address Fe placement Address # of Bedrooms Agreement executed date Available Date PART 9- Activity Status /Accomplishments Information (complete this part for 211 types of activities) 1. Activity Status (Circle One): L Cancel 2, Completed 3. Underway (An activity is considered to be completed when it meets the National Objective and after all the funds are drawn) 2. Proposed Accomplishment Type: 4. Actual Accomplishments Type: 6. Environmental Assessment Code: 2106 12:41 PM 3. Proposed # of Accomplishment Unids: Actual # of Accomplishment units during the year: 7. Create; Program Income? (Y/N): Page 3 of i2 Page 4 of 12 12:41 PM ATTACHMENT C xomplishment narrative for the Curr%_..c Program Year (Please make sure that Q,;complishments during the current ar are only included. aimum 6 lines) signing below I g g , verify that the information in this report is accurate d appropriate records, have been maintained. e ared B c P Y Date: a viewed By;, Date: POR'OCED USE ONLY Verified for completeness and accuracy by: Contract Officer. Date: Planner. Date: CMM Section Supervisor. Date: Planning Section Supervisor: bate: Division Director. Date: Admin. Support Staff: IDIS UPDATE Page 4 of 12 12:41 PM ATTACHMENT C QUARTERLY PROGRESS REPORT INSTRUCTIONS .RT 1. ACTIVITY INFORMATION Agency Name: Enter the Name of the Agency Project Title: Agency Acronym and the Title of the Project (60 characters maximum) Activity Name: Agency Acronym and the name of the activity (40 characters maximum) Category: Enter the Category of the activity (e.g. Housing, Public Service, Ece. Dev etc.) Activity Address: Enter the complete address of the location where the activity is taking place Commission District: Enter the Commission District # where the .activity is taking place Activity Description: Enter brief description of the activity (120 characters maximum) IDIS No.: Enter IRIS No. of the activity. Source: Enter the funding source (e.g. HOME 95). Grantee Activity #: Enter the Grantee Activity No.(E.g. B.00.020..235) Matrix Code: HUD Code applicable to the activity. Index Code: Enter the Index Code from FAMIS National Objective: Enter the National Objective applicable to the activity. Help Prevent Homelessness ?: Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. Help those with HIV /AIDS ?: Enter Y if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N. Primarily Help Persons With Disabilities ?: Enter Y if the purpose of the activity is primarily help persons with disabilities; otherwise enter N. GenerateProgram Income ?: Enter Y if this activity is expected to generate Program Income; otherwise enter N. Section 108: Enter X if this activity is funded in whole or in part using proceeds from loans guaranteed under Section 108. One for one Replacement: Enter X if this activity is a One - For -One Replacement Activity Displacement: Enter X if this activity involve a displacement activity Float Funded: Enter X if this activity is a Float Funded activity. Special Assessment: Enter X if this activity is a public improvement activity for which a special assessment will be levied. Revolving Fund:. Enter X if this activity is funded through a revolving fund. Favored Activity: Enter X if this activity is an economic development activity that is of important national interest and therefore may be excluded from the aggregate public benefit calculation. Float Principal Balance: Enter the Float .principal balance if this its a float funded activity Indicate if the activity is located in CDFI Area or Strategy Area: Enter C or S depending upon whether this activity is located in a Community Development Financial Institution (CDFI) or a Neighborhood Revitalization Strategy Area_ Area Identifier: If you entered C or S in the previous field, enter the Area Identifier_ Unliquidated Obligation: Enter the amount of orders placed. Contracts and grants awarded, goods and services received, and .similar transactions for which expenditure has not been reported as of the end of the reporting period. 1RT 2. AREA BENEFIT INFORMATION Percent of Low/Mod in service area: Enter the percentage of low /mod persons in the service area_ Survey or Census Tract determination: Enter the method by which the percentage of low /mod in the service area was determines. Enter'S for Survey and C for Census. Census Tract: Enter the Census Tract for the LMA Service Area. Block Groups: Enter the Block Groups associated with. the Census Tract. 1RT 3 DIRECT BENEFIT INFORMATION(complete this part if the National Ohiective is LMC..LMH.or LMJ) Counts by Households or Persons? (H/P): Enter P for LMC or LMJ activity and H for LMH activity. Total Number Benefiting from Activity: Enter the total number of persons benefiting from the activity. Number of Female Headed Households: Enter the total number of female Headed Households. This field is not applicable to LMC and LMJ activities. Number of persons served in Entitlement Area: Enter the total number persons served in Entitlement Area Number of persons served outside of Entitlement Area: Enter the total number of persons served outside of the Entitlement Area. Method of verification by the Agency: Enter the method used by the Agency in determining the number of persons served inside and outside of the Entitlement Area- Presumed Benefit? (Y/N): Enter Y if this activity is designed to exclusively serge a category of persons presumed by HUD to be Iow /mod income. Please note that presumed benefit groups are limited to: abused children, battered spouses, elderly persons, disabled adults, illiterate adults, persons living with AIDS, homeless and Migrant Farm Workers. This field is not applicable to LMH and LMJ activities. Nature(Location: Enter Y if the activity is considered low /mod because of the nature of the activity and the place it is being carved out. This field is not applicable to LMH and LMJ activities. Nature/Location Narrative: Enter a description of how the Nature/Location of the activity benefits a limited clientele, at least 51 % of whom are low /mod income. Page .5 of 12 06 12:41 PM ATTACHMENT C kRT 4 SLUM /BLIGHT AREA INFORMATION (complete this part if the national objective is SBA) ` Boundaries: Enter a description of the boundaries of slum/blight area (180 characters maximum) of deteriorated buildings: Enter the percentage of buildings that were deteriorated when the area was designated as slum/blight. Public improvemenlConditiont En t er a brief description identif ing each type of improvement located within the area and its condition at the time the area was designated slum/blight(40 characters maximum). Slum/Blight Designation Year: Enter the year the area was designated as slum/blight. I`RT 5 JOB CREATION /RETENTION INFORMATION (complete this part if the National Objective is LMJ bte 1: Direct or Deferred Payment Loan Information: If CDBG assistance for ajob creation/retention. activity is provided in the form of a loan, enter the Interest Rate, Amortization Period and the Amount CDBG Grant Amount: If CDBG is being used to provide assistance in a form other than a direct or deferred loan, enter the amount provided, for this activity. ible 2: Enter the information about jobs expected to create, expected to retain, actually created and actually retained. 4RT 6: CDBG MULTI -UNIT ACTIVITY SET UP AND- COMPLETION INFORMATION ible 1: Enter details of # of units at start, #`of units expected at completion and # of units actually completed ible 2: Enter the details of costs associated with the activity. ART 7: DISPLACEMENT INFORMATION iter the requested displacement information in the table aRT 8: REPLACEMENT INFORMATION iter "the relevant information in the table regarding Replacement as a result of this activity_ ILRT 9 ACTIVITY STATUS /ACCOMPLISHMENTS INFORMATION(complete this part for all types of activities) Activity Status: Circle 1,2 or 3. Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from 1DIS. Proposed Accomplishment Type: Enter 1= People, 4= Households, 8= 13usinesses, 9--Organizations,, 10= Housing Units, li= Public Facilities, 13 =Jobs: Proposed.# of accomplishment Units: Enter the proposed # of units to be accomplished. Actual accomplishment type: Enter the actual accomplishment type. Actual # of accomplishment units during the year: Enter the actual units accomplished. Environmental Assessment Code: Enter A= Exempt, C=Completed, D= Underway Create Program Income: Enter Yes or No. 1, Page 6 of 12 2/06 12:41 PM ATTACHMENT C SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal activities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most. recent approved OCED budget for your contracted activity. PROJECTED List the project: expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut-off date of the report. ACTUAL List ALL the contract expenditures, whether or not they have been reimbursed by the County, OCED that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES FOR NEXT REPORTING PERIOD PROJECTED CUMULATIVE EXPENDITURES BY THE END OF CONTRACT PERIOD '06 12.41 PM List all the expenditures. that your organization anticipates will be incurred in the implementation of the contracted activities through the end of next reporting period. List all expenditures that your organization anticipates will be incurred in the implementation of the contracted activities through the end of the contracted period. Page 7 of 12 O ...E U V � H Wi-r O 4-a U O W a o' FA .0 cri O' H 00 a� ti 'ZS O U V � H Wi-r O 4-a U O W a o' FA .0 cri O' H 00 a� I w a a 7 0 N rl 'ZS d CIO O 7-i N � O Q' V O b4 P-4 .0 C7 hn a� O on 0 w a o U cn C%3 C/) U W a Q w u O u u a I w a a 7 0 N rl ATTACHMENT C SECTION III: MINORITY BUSINESS ENTERPRISE DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that LR.S. has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID #: Enter the Employer Number that I.R.S. has assigned to the Prime Contractor as a unique identifier. This information must be provided for each vendor listed. RACEiETHNIC GROUP: Enter the numeric code (1 through 6) that identifies the raciaVethnic background of the owner(s) and controller(s) of ' 51% of the business. If 51% of the business is not controlled by any single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor 's /subcontractor'slvendor's services. The codes are mentioned in the front of this page: AMOUNT OF CONTRACT/ Enter the total amount expended for goods, services, supplies, SUBCONTRACT OR and/or construction costs for each vendor, contract and PURCHASE: subcontract. In cases where commodities or equipment SUBCONTRACTORS, OR purchases comprise the majority of the expenditures for the VENDORS period, then combine all expenses for the reported period. TOTAL: Enter the total amount of dollars expended on goods, services, supplies, and /or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICAN. CHART NUMBER OF CONTRACTORS, Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during the reporting period. VENDORS This information must be reported for organizations with at least 51% African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African ACTIVITY: American firms from funds expended by your organization during the reporting period. Page 9 of l2 7106 12 :41 PM V z 0 W U U0. W Q 0 F z o 1 U LL °ate i- a UULLEw0 TI M Z.Q Z Q U 2 who >¢zw as A �Y ti Q '1 W E{ °a a A 0 M a Q LC tint¢ of -nn.4. LL Dw- w n; agrum MENEM Eg LU O ❑ � O V9 ❑ ' W ` O b0 ad CI1 .C;S LU c. ¢ . 0 U U - o 0 J z 0 y _ E E C h co N C m O` V (O CL a`�m.�QN 0 V_Q co Q _ 2 ID CD w C V r N w N Qo0.0 uj wo ofcLF; w¢ o c C6 co 0 opflp0a_ bo 0 a.3 . a c W w 5 co C y N l4 7 O UUS°. —v C5 W — N m3 -0 C a m> a�a> OZcnof co V' to oUUUU� tL�pt]DU z z 0 ❑ U U0. W Q 0 F z o 1 El LL °ate yaazwo a z z Z V �QRV�Q UULLEw0 TI M Z.Q Z Q U 2 who >¢zw as F- =QO . e C7 H � U 0 U A :z iy .. cii U .a 0 t H W � C7 fZ U J z 0 y _ E E C h co N C m O` V (O CL a`�m.�QN 0 V_Q co Q _ 2 ID CD w C V r N w N Qo0.0 uj wo ofcLF; w¢ o c C6 co 0 opflp0a_ bo 0 a.3 . a c W w 5 co C y N l4 7 O UUS°. —v C5 W — N m3 -0 C a m> a�a> OZcnof co V' to oUUUU� tL�pt]DU z z 0 ❑ U U0. W Q 0 F z o 1 LL °ate yaazwo a z z Z V �QRV�Q UULLEw0 W Q W Z.Q Z Q U 2 who >¢zw as F- =QO . e C7 ATTACHMENT C U.S. HUD SECTION 3 REPORT PART THREE — SUMMARY — Indicates the efforts made: to direct the employment and other economic opportunities P enerated by HUD financial assistance for housing and community development programs, to the greatest extent easible, toward low — and very low- income persons, particularly those who are recipients of government assistance foi iousing. (Check all that apply.) ❑ Attempted to recruit low - income residents through: local advertising media, signs prominently -displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. ❑ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. ❑ Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered project.is located. E7 Other, describe below. Page 111 of 12 7/06 12:41 PM ATTACH M ENT C SECTION-IM'. U.S. HUD SECTION 3 REPORT :onomicOpportunities for Low & Very Low - Income Persons in Connection with Assisted Projects 3ENCY NAME: PROJECT NAME: 3ENCY ADDRESS: CONTRACT AMOUNT: $ PERIOD REPORTED: QTR 1 2 3 4 (CIRCLE ONE) SPORT REVIEWED /APPROVED BY: TELEPHONE #' {SiGNATCTRE) . 4RT ONE — ENRLOYMENT & TRAINING To be completed for each project and submitted quarterly to OCED by April 15, tly 15, October 15 and January 15. OB CATEGORY A Total B Total New C % of New D Total E Total F % of G RACLUIETHNIC CODES 1 2 3 4 5 4 New Hires who Hires that Employee Contracts Employee Hares are are Trainee Employee Trainee White African Native Hispanic Asian or Section 3 (Total of Section 3 Section 3 Hours Trainee Hours Amer. Amer. Amer. Amer. Pacific Column Residents Residents worked Worked by Amer- G. U5) (B /A) NON - Hours Section 3 CONSTRUCTION' Residents Worked (E(D) by Section' 3 Residents PROFESSIONAL TECHNICIAN OFFICE! CLERICAL CONSTRUCTION BY TRADE (LlSTi TRADE: TRADE: TRADE: TRADE: TRADE: OTHER: TOTAL: 'ART TWO — SUBCONTRACTS AWARDED — for goods and services associated with this project. TYPE OF CONTRACT A Total S - B Total $ C % B TO D NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY Amount of Amount of A RACIAIJETHNIC IDENTIFICATION 1- 2 3 4 5 6 Contracts Contracts Awarded Awarded to - White African Native Hispanic Asian-- Hasidic Section 3 American American American American Pacific Jew Businesses American CONSTRUCTION` NON - CONSTRUCTION' Page 12 of 12- Progress Report Z06 12:41 -PM ATTACHMENT D NIUNII -DADE OFFICE OF CO YAND ECONONHC DEVELOPMENT INFORMATION FOR ENVIRONMENTAL REVIEW FORM Part I. 1. Indicate Funding Source: 2. -- Indicate Fiscal Year: FY 20 3. _Name of Subrecipient/Agency: 4. Name of Proposed Activity: CDBG HOME HOPE VI. HOMELESS (SRO /SHP) HOPWA 5. Location (Address) of Activity or Project: 6. Folio Number: 7. Commission District: 8. Name, address., phone and fax numbers of loan/grant recipient: Change in use Sub- surface alteration (i.e. excavations) New construction Renovation or demolition. Site unprovements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Building .improvements (windows, doors, etc.) Displacement of persons, households or business Increase in population working or living on site-. Land acquisition Activity in 100 year floodplain A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons -of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A- sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e.g: digging a lake or diverting or deepening of a body of Part M. Page 3 of 5 A. Site Information Land use (please -describe) • . Existing Proposed B. if activity includes new construction, renovation or rehabilitation, photographs must be provided of each side (front,, rear and sides) of the structure(s) proposed for assistance and the buildings on the abutting lots. The photographs shall be identified by- address. In addition, provide for each existing structure on the site the following.information: • Existing structure(s) on site: Yes No • Estimated age of structure(s) _ C. Other Site information: Yes No Flood insurance required? Public water available on site? Public sewer available on site? Children under 7 years of age re siding on site or relocating to site (including day care facility)? Hazardous waste disposal facility? Storage of hazardous materials on site? A 1-,anrinni-A ztninfure(Sl on site? Page 4 of S D. If the proposed activity includes a new structure(s) or site improvements on a site of one (1) acre or snore, a site plan must be provided. Projeet(s) -will not be. environmentally reviewed without a site plan_ E. If the proposed activity includes rehabilitation or renovation of structure(s), - indicate the estimated cost and 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) F. If the proposed activity involves the transfer of any property, new construction or a securing ' of a loan for nonresidential parcel, provide a Phase I Environmental Audit determining 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 zonin g Y for the last 50 ears; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (4vailable .through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection'(FDEP) and U.S. -Environmental Protection Agency (EPA)); and inspecting the site for physical evidence of contamination such as damage- vegetation or stains in the soil. Has a Phase I been performed: Yes No If yes, a copy of the Phase I Environmental Audit must be submitted. -G. 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. Page 5 of 5 • 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. Part IV. Other Required Submittal Documents: 1. 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. I certify to° the accuracy of the above information. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community Development Division Director Office of Community. and Economic Development 140 West Flagler Street, Suite 1000 Miami, Florida 33130 Certzflcatzng for G`ontrads, Grains, Flaaus scud Coopernfive A reemearta 1� - ' Tho -momv gnod cerfifies, to the best of his or her bwvdeuig a and lohal£ funds havo boen p or on bohalf of the - - - aid or will bo paid: by NO Fmicral'aPProPnstcd • � to iuflucnrc � of6crt' or - - •any P�On for i:6 n cing- or f a m=bex of Congmsr,_ an offcor or ploycc of eniplayec of any ag�> of Comas in o- nneadon with tha Congress, or an =PloYae of a Mcs ar of - � mai�g`of a� Fod grant, the �g ' aiding of any Fedcrai contract, aS n .: and the On> any, Fe de loan, tbp. ant� into of any eoopcaivc scion, renewal, dmcm�► or madiiieaion of MY Fedcra7 contract, - grate - � loan or �p�.g#ivc ' - f mds- have b=nyeid or will be paid to 2 if any fonds other Fcde+l aPP l cc of ,,;t ,rncinQ or g to influence an off�ccr or e�p cy any' person. 'for �nfl to ee _ of - Congress, or an EL Nlombar of Congress> an o€ficor or omp Y agmaYi ber of Cangrl - e Rn. pnoafiion with this Fodal contra % g . oanployoc of a gball complete and subm t Standard loaa or coaperafi gam ° +_ in aocordaac. with • Rarrn ILL, - Dimlo=c Form to l sport i.obb3ring, - instructions. - od stied rcqu_= tb> th c lsnguagc of thus cc�rtificatron be incivdcd ig 3-, -Thu;- undersign suboonfrects, snbgrant�, fl= sward dQCUme s f-or aU $ubVVards at an ti= (Including coo `vo a. uts)- and that 91 and ' � under. grants, loans - Md _ PW soTxtPienis shall edify and disclose ecx,�rdiY. 4. This is' a ma#erial raorc oti of fact Von wbir]i- reliance was piecod madam of �•" omission ofrthiis ccrEficdiiou `is a �v&m tip s. won v ms • 13.52, titles for g or eni�ng. at6 this �n hnPo - -by s requi 31, U _S Cod c A ny you who fps to filerod aoaifict%na shall bo sWpd to - - CivilCivil icy of not ices . than $ i Q,�Ut3 end not more fhan $100,000. for each auch' a . fedlure- $y : tg of Aatharl- a Repre"OtI ivcj • © '� D r1 . m n l� - htAAM. Name o €E�S;m and Aatharimd.Rapm°II 11Li•��i ` 1, 1 DA- TR: i 2,10" 4' 0" 1 2,.6" MIAM Project Name Project Cost Entity Miami -Dade County Carlos Alvarez Mayor Board of County Commissioners Joe A. Martinez Chairman Dennis C. Moss Dice- Chairman Barbara J. Jordan Katy Sorenson District 1 District 8 Dorrin D. Rolle Dennis C. Moss District 2 District 9 Audrey Edmonson Sen. Javier D. Souto District 3 District 10 Sally A. Heyman Joe A. Martinez District 4 District 11 Bruno A. Barreiro Jose "Pepe" Diaz District S District 12 Rebeca Sosa Natacha Seijas District 6 District 13 Carlos A. Gimenez District 7 Harvey Ravin Clerk of the Circuit and County Courts George M. Burgess County Manager Murray Greenberg County Attorney MIAMI -DAR Ilil1�[I s E COMMUNITY AND ECONOMIC DEVELOPMENT Over 25 Years .of Stre_ ' `' i -Dade Coun 40 0 ATTACHMENT F Sign The sign (s) shall be made of % inch thick marine .plywood, newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shall be - provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion of the contract. Sign Support The sign shall be free standing, prominently displayed as directed by OCED representative, and supported by two 4 "x4 "x10' pressure treated timbers securely fastened to the rear of the sign and sunk 4' below grade. Clearance from the bottom of the sign to the ground shall be 1'. CDBG FY 2006. Municipality FY 2006 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 OCED Office of Community and Economic Development or its 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 Person A member of low- and moderate - income family i.e., a family whose income is within specified income limits set forth by U.S. HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County 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) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee . 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 anyone 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. 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, 2006, July 10, 2006, October 10, 2006, January 10, 2007, April 10, 2007, and July 10, 2007. F :Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when subcontractors or subconsultants are utilized to fulfill the terms and conditions of this contract, Miami -Dade County Resolution No. 1634 -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. 2 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 its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low - moderate and low income - residents. The Awardee shall also report emographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section 11 - 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, 2006, October 10, 2006, and April 10, 2007. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2006, October 10, 2006, and April 10, 2007. 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 II, Paragraph DA. 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 11, Paragraph D.1.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section 11, 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 'I, 2006 through December 31, 2006 and shall be received by OCED no later than January 10, 2007. 3. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article II, Section E.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 acknowledge 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 completion of environmental review and receipt by the County of a release of funds from the U.S. Department of Housingand Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the _project is conditioned on the County's determination to proceed with, modify or cancel the project based on the results of a subsequent environmental review. 4. 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. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 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. Affirmative Action Plan - The Awardee shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 1. The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit lovv- 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 24 CFR 57 0.606(b): (b) the requirements of 24 CFR 670.606 (c) governing the Residental Antidis placement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606 (d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shalll provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, OCED's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and/or dispersing any and 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. 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than30 days after the completion of the coursework. This requirement may be waived in the sole discretion of OCED for Awardees who demonstrate knowledge of real estate development and organizational management theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. 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 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 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the! Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy and Conservation Act (Pub,L 94 -163) which requires mandatory standards and policies relating to energy efficiency. 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 Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall 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 Employment, 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, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms E• whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 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_ stating that the Awardee has adopted a Code that complies with the requirements of Section 2- 8.1(i) of the Miami -Dade County Code (Form A -12). 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) 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 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, 7 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 If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation, only the conflicting provision shall be 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. H. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee"s procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable. 4. Submit to OCED for written prior 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. Contact the OCED representative noted in Section IV, Paragraph K prior to scheduling a pre - construction conference. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. 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. Audits and Records The Awardee expending $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. The Awardee expending federal awards of $300,000 or more under only one federal program may elect to have at program- specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These Awardees are required by OCED to submit "reduced scope" audits (e.g., financial audits, performance audits). They may choose instead of a reduced scope audit to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes at validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Awardee's fiscal year. 4. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. L•� 5. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 6. The 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 agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 9. The Awardee shall ensure that its auditors share their audit results with OCED. This will include their completion of the monitoring instrument at the time that the agency undergoes its annual audit or reduced scope audit. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. J. Retention of Records 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 all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 10 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. The Awardee shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. K. Provision of Records 1. The Awardee shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (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 from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exceation: The above application of one quarter (1/4) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) 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. Notwithstanding the foregoing, the .Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one ug arer (114) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. L. Prior Approval 11 The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee 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 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 II, Paragraph Q.1. of this contract. 6. All out -of -town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided 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 OCED 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. ➢ Requests for budget revisions. ➢ Requests for approval of subcontracts. 12 Non - compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of 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 place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. P. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located 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 toward Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing 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. L3 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 organisation 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 regulattions 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 (i) 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 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; ff&llows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and 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. 14 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: Ali personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the heal property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives required by and defined in 24 CFR Part 570.208 for five (5) years following the expiration or termination of this contract, or for such longer period of time as determined by 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 Q.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 in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the 15 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 of real property, the Awardee agrees to execute a mortgage or loan document for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. 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 in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED when and as requested by OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. The Awardee shall obtain the prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased 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. If the Awardee generates program income, the Awardee may retain the program and use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of this contract. These additional costs need not be of a kind that would be permissible as charges to this contract. However, the Awardee shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terns 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. ILI' 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 apart 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 shalll provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using Program Income. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan- related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. L 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 1.7 1. Unless otherwise specified !in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County - Resolution No. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual; b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. Present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County 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; f. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 2. 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 all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of 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 prior approval for any subcontract prior to .engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Awardee shall receive written 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 18 The Awardee shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (30) days of the Awardee's notification by the funding source. V. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred, f=ailure 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 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 well 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 8. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract for any reason, shall be recaptured in full by the County. W. Reversion of Assets 19 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 $200,000. IV. The Awardee and OCED Agree: A. Effective Date 1. This contract shall begin on January 1, 2006 . Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This contract shall expire on June 30, 2007. 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 asserts, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable causes, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED in its sole and absolute discretion, and may include: a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. alt? 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. 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 OCEED 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. 5. 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. 6. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.1.4, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. 2 1 The County may terminate or cancel any other contracts with such individual or subcontracted entity it has with the County. Such individual or entity shall be responsible 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. 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 22 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. 1. Minority Participation In order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. K. Independent Private Sector Inspector General Reviews 1. Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally 1/4 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 written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all 23 documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements from and 'with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section 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 1/4 of 1% of the total contract amount. L. Notice and Contact OCED's representative for this contract is Richard Hoberman.. The Awardee's representative for this contract is Ajebola Balogun. The Awardee's principal office is a 6130 Sunset Drive, South Miami, Florida 33143. In the event that different representatives are designated by either party after this contract is executed, or the 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. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue 24 beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Q. All Terms and Conditions Included: This contract 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 - Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. THIS SPACE IS INTENTIONALLY LEFT BLANK 25 IN WITNESS THEREOF, the parties hereto have caused this twenty -six (26) page contract to be executed by their undersigned officials as duly authorized, this —day of _2007. AWARDEE: MIAMI -DADE COUNTY CITY OF SOUTH MIAMI BY: NAME: Yvonne S. McKinley TITLE: City Manager DATE: Witnesses: BY: (Signature) Maria M. Menendez City Clerk Federal ID Number: 59- 6000431 Resolution #: R- 131 -06 Awardee's Fiscal Year Ending Date: September 30 CORPORATE SEAL: BY: NAME: 'George M. Burgess TITLE: County Manager ATTEST BY: TITLE: Clerk, Board of County Commissioners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES KIN RFA FY20061 Acronym: SMIAMI FY 2006 Activity ID: Index Code: 4010 CD532CO29 CATEGORY: Source Capital Improveme6lDBG Applicant / Developer (A.K.A.): City of South Miami Applicant Type: Municipality Action Plain ID: Date: SCORE: 1/10/2007 IDIS Number: 2802 District: IVID Specific: Dist,Team: 07 07 ATTACIiMENT A i Contract Number,- 60125 : ... .... . .......... ..................... . ..... ........ .. . ...... ... ................... Contract Shell Type: F CDBG NI-CIPALITY... EIN": Applicant Legal Address: 1. 6130 S U N S E T DR .... .. .... ... ..... .... .... .... .... CITY, ST, ZIP: IS MIAMI FL 33143 Contact-, Ms.Julie L. Dalzell Phone: (305) 663-6343 Title: Reconstruction Of Church Street- Phase III Description (254 Characters Max.): Continuation of roadway milling & resurfacing, sidewalk & curb enhancement, paving & drainage improvements, landscaping, pavement marking, water & sewer improvements, street lighting and street furniture, at SW 59 Place from SW 66 St. to SW 68 St. W M" , ionj " kk400' FY05 Contract # 16 " Contract ` FY05 IDIS # 2802 0 FY05 Funding: $100,000 Planner: 1 143 Parkinson . .......... FY06 Non -ACED Funding: Salutation FName I-Name $50,000 . ............... Ms M j!!!11111i b ........... FY06 Requested Amount: ............... Title: City !Man a $430,000 FY 2006 . ..... .. . ....... .......... . . ..... ........... ........ . ..... . . .... . .. . .... ... . ... . . . ... ..... $2005000 Allocation: Title: ...... ...... ... . ..... ..... . ..... . .. ... . ..... .. Agency Fiscal Year ............... ..... .. .. ...... Contract Expires In: (10) DAYS Start: End: AUDIT DUE: Start Date: Completion Date: Amendment 19 Z.2. 0 3/2912007 1/1/2006 12/31/2006 Cost per Unit (CPU) Contract Status: .. . ... . ..... ......... . ...... . ........................ - .... . ........... 1- CONTRACT PROCESSED Issued Date 05/25/06 Scope Finalized 05/25/06 Sent to County Attorney 05/25/06 Sent to Clerk of Board 06/02/06 Signed Date 05/25/06 Budget Approved 05/225/06 Sent to County Returned from Manager 05/2.5/06 County Manager/ 06/07/06 Executed Activity Geo Address: Activity Geo Cliy: ST: GeoZipCode: Census Tract;,rv. Block Group: If no street address, provide crossroads information: SW 59 PL FROM SW 66 ST TO SW 68 ST. HUD Code: 03K Proposed: 1,000 HUD Activity Type: Street Improvements Accomplishment Type People Folio Number (CI and HO only) 09-4025, sec 25-5440 National Citation National Objective: % Low/Mod: 570.201(c) 570.208(a)(1) LIVIA Priority Need Infrastructure % Smalliklin. Contractors: COUNTY ATTACHMENT B -1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor 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 Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall. furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street, Suite #1000, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 combined single limit per occurrence for bodily injury. end property damage. Miami - Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D.. Completed Value Builder's _Risk Insurance -on.an `.`All Risk" basis ..in -an amount not. less.._:. _ than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V' as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. M The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to :Do Business in Florida" issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund, Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder y ; UAHJ� L ROGRESS REPORT FY 2006 \RT 1: Activity information Agency Name: Project ATTACHMENT C *Select Quarter ( ✓) V JAN -MAR 2"0 APR -JUN 31" JUL -SEP ANNUAL REPORT Activity Name: 4. Category: Activity Activity 6. Commission District: @IS No. 9.Source: 10. Grantee Activity #:_ Funded Amount: Matrix Code: 12. Index Code: 13. National Objective: 14 TO 1 14. Help Prevent Homelessness ?: .15._ Help Those With HIV /AIDS ?: 16. Primarily Help Persons With Disabilities ?: . 17'. Generate Progra DICATE ALL THAT APPLY WITH "X" FOR QUESTIONS 18 TO 24 Section 108: _19. One - For -One Replacement: 20.Displacement: _21. Float Funded:_ . Special Assessment: 23. Revolving Fund: 24. Favored Activity: Float Principal Balance: . Indicate if the activity is located in CDFI Area or Strategy Area C/S: Area Identifier: Unliquidated Obligations: ART 2: Area Benefit Information (complete this part if the national objective is LMA) Percent of Low/Mod in Service Area: 2. Survey or Census Tract determination? (S /C): :�ensus Tract: 4. Block Page I of 12 06 12:41 PM ATTACHMENT C PART 3: Direct Benefit Information (complete this part if the National Objective is LMC,LMH, LMJ 1. Counts by Households or Persons? (R/P) L Total Number Benefiting from the Activity: 3_ Number of Female Headed Households: i. Number of persons served in Entitlement. Area: S. Number of persons served outside of Entitlement Area: �. Method of Verification by the Agency: T. Presumed Benefit? (Y/N): 8: Nature/Location? (Y/N): 1. Nature/Location Narrative: Direct Benefit by Race/ Ethnic Category Note: The beneficiary information must be cumulative total from program :date] White Black or African American Asian American Indian/ Alaskan Native !dative Hawaiian I Other Pacific Islander American Indian/ Alaskan Native & White Asian & White Black African American &White American Indian or Alaskan Native & Black Other Multi — Racial Totals 110 BCocritby Income Cat o MOD LOW EX1jng LY.LOW t TOTAL PART 4: -Slum /Blight Area. Information /complete this part if the National Objective is SBA} 1. Boundaries: 2 Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: "4. Slum/Blight Designation Year.. PARTS: Job Creation/Retention Information (complete this Mart.if.the National Objective is LM41 CDBG. Direct Loan CDBG Deferred Pa CDBG Grant Page 2 of 12 117106 1 :34 PM ATTACHMENT C Table 2- Job Type Total Job Count -Full Time Job Total Job Count -Full Time- Low/Mod Total Hours Pact time Total Hours -Part Time - Low/Mod Percent of Low/Mod Jobs Expect to Create White # of Units at Start Total Asian/Pacific American Expect to Retain Tract Or Completion Actually Created # of Units. actually Actually Retained 'Displaced -r-M- PART 6: CDBG Multi -unit Activity Set Up and Completion Information {for LMH activities) Table 1 Units Total Occu . ied Occupied. Low/Mod has occurred) Type Other White # of Units at Start Total Asian/Pacific American # of Units expected at Tract Or Completion Indian/Alaskan # of Units. actually Completed 'Displaced -r-M- Type Authorized Costs Actual Costs CDBG has occurred) Type Other White Black Total Asian/Pacific American �•••�. a•.Say.aL:Calint ,nrormatvon (complete this part if displacement has occurred) Type Census White Black Hispanic Asian/Pacific American Tract Or Indian/Alaskan City 'Displaced From Remaining In Relocated To - -- - - - -- -- - - -- - - -- ------ .. . Type vvu. ■cac. aqa► .b. L It L,..e ivr L,ne.Ke Demolished/Cotiverted Address iacement has.ocGUrred Replacement Address of Bedrooms Agreement executed date Available Date PART 9: Activity Status /Accomplishments Information-(complete this part for all types of activities) 1. Activity Status (Circle One): 1. Cancel 2_ Completed 3. Underway (An activity is considered to be completed when it meets the National Objective and after all the funds are drawn) 2. Proposed Accomplishment Type: 3. Proposed # of Accomplishment Units: 4. Actual Accomplishments Type: 5. Actual # of Accomplishment unit/s during the year: 6. Environmental Assessment Code: 7. Create Program income? (Y/N): Page 3 of 12 1106 12.41 PM ATTACHMENT C AccoimplisbMent narrative for the C1: AA Program Year (Pl,.ease make sure thi. _ccomplishments during the current year are only included. Maximum 6 lines) By signing below I, and appropriate records have been maintained. verify that the information in this report is accurate Prepared By: I)ate- Reviewed By: FOR OGED USE. ONLY Verified for completeness and accuracy by: Contract Officer: Date: Planner: Date: I CMM Section Supervisor: Planning Section Supervisor: I Division Director. I Admin. Support Staff: Page of 12 06 1241 PM Date: Date: Date: IDIS UPDATE ATTACHMENT C QUARTERLY PROGRESS REPORT INSTRUCTIONS IRT 1. ACTIVITY INFORMATION Agency Name: Enter the Name of the Agency Project Title: Agency Acronym and the Title of the Project (60 characters maximum) Activity Name, Agency Acronym and the name of the activity (40 characters maximum) Category: Enter the Category of the activity (e.g. Housing, Public Service., Eec. Dev etc.) Activity Address: Enter the complete address of the location where: the activity is taking place Commission District: Enter the Commission District # where the activity is taking place Activity Description: Enter brief description of the activity (120 characters maximum) IDIS No.: Enter IDIS No. of the activity. Source: Enter the funding source (e.g. HOME 95). Grantee Activity #: Enter the Grantee Activity No-(E.g. B.00.020.235) Matrix Code: HUD Code applicable to the activity. Index Code: Enter the Index Code from FAMIS National Objective: Enter the National Objective applicable to the activity. Help Prevent Homelessness ?: Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. Help those with HIV /AIDS ?: Enter Y if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N_ Primarily Help Persons With Disabilities ?: Enter Y if the purpose of the activity is primarily help persons with disabilities; otherwise enter N. GenerateProgram Income ?: Enter Y if this activity is expected to generate Program Income; otherwise enter N. Section 108: Enter X if this activity is funded in whole or in part using proceeds from Moans .guaranteed under Section 108. One for one Replacement: Enter X if this activity is a One -For -One Replacement Activity Displacement: Enter X if this activity involve a displacement activity Float Funded: Enter X if this activity is a Float Funded activity Special Assessment: Enter X if this-activity is a public improvement activity for which a special assessment will be levied. Revolving Fund:. Enter X if this activity is funded through a revolving fund. Favored Activity. Enter X if this activity is an economic development activity that is of important national interest and therefore may be excluded from the aggregate public benefit calculation. Float Principal Balance: Enter the Float .principal balance if this is a float funded activity Indicate if the activity is located in CDFI Area or. Strategy Area: Enter C or S depending upon whether this activity is located in a Community Development Financial Institution (CDFI) or a Neighborhood Revitalization Strategy Area_ Area Identifier: If you entered C or S in the previous field, enter the Area Identifier_ Unliquidated Obligation: Enter the amount of orders placed. Contracts and grants awarded, goods and services received, and similar transactions for which expenditure has not been reported as of the end of the reporting period. IRT 2. AREA BENEFIT INFORMATION Percent of Low/Mod in service area: Enter the percentage of low /mod persons in the service area_ Survey or Census Tract determination: Enter the method by which the percentage of low /mod in the service area was determines. Enter S for Survey and C for Census. Census Tract: Enter the Census Tract for the LMA Service Area. Block Groups: Enter the Block Groups associated with the Census Tract. XT 3 DIRECT BENEFIT INFORMATION(complete this part if the National Objective is LMC, LMN.or LMJ) Counts by-Households or Persons? (H/P): Enter P for LMC or LMJ activity and H for LMH activity. Total Number Benefiting from Activity: Enter the total number of persons benefiting from the activity_ Number of Female Headed Households: Enter the total number of female Headed Households. This field is not applicable to LMC and LMJ activities. Number of persons served in Entitlement Area: Enter the total number persons served in Entitlement Area Number of persons served outside of Entitlement Area: Enter the total number of persons served outside of the Entitlement Area. Method of verification by the Agency: Enter the method used by the Agency in determining the number of persons. served inside and outside of the Entitlement Area_ Presumed Benefit? (Y/N): Enter Y if this activity is designed to exclusively serve a category of persons presumed by HUD to be low /mod income. Please note that presumed benefit groups are limited to: abused children, battered spouses, elderly persons, disabled adults, illiterate adults, persons living with AIDS, homeless and Migrant Farm Workers_ This field is not applicable to LMH and LMJ activities_ Nature/Location: Enter Y if the activity is considered low /mod because of the nature of the activity and the place it is being carried out. This field is not applicable to LMH and 1,MJ activities. Nature/"cation Narrative: Enter a description of how the Nature/Location of the activity benefits a limited clientele, at least 51% of whom are low /mod income. Page .5 of 12; D6 t2:41 PM s ; ATTACHMENT C 1. Boundaries: Enter a description of the boundaries of slum/blight area (180 characters maximum) t. % of deteriorated buildings: Enter the percentage of buildings that were deteriorated when the area was designated as slum/blight. L Public Improvement/Condition: Enter a brief description identifying each type of improvement located within the area and its condition at the time the area was designated slum/blight(40 characters maximum). L Slum/Blight Designation Year: Enter the year the area. was designated as slum/blight. PART 5: JOB CREATION /RETENTION INFORMATION (complete this part if the National Objective is LMJ Cable 1: Direct or Deferred Payment Loan Information: If CDBG assistance ifor a job creationlretention activity is provided in the form of a loan, enter the Interest Rate, Amortization Period and the Amount. CDBG Grant Amount: If CDBG is being used to provide assistance in a form other than a direct or deferred loan, enter the amount provided for this activity. cable 2: Enter the information about jobs expected to create, expected to retain, actually created and actually retained. PART 6: CDBG MULTI -UNIT ACTIVITY SET UP AND COMPLETION INFORMATION fable 1: Enter details of # of units at start, # of units expected at completion and # of units actually completed cable 2: Enter the details of costs associated with the activity. PART 7: DISPLACEMENT INFORMATION inter the requested displacement information in the table PART 8: REPLACEMENT INFORMATION inter the relevant information in the table regarding Replacement as a result of this activity. . PART 9: ACTIVITY STATUS /ACCOMPLISHMENTS INFORMATION(complete this part for all types of activities] L Activity Status: Circle 1, 2 or 3. Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from IRIS. Proposed Accomplishment Type: Enter 1= People, 4--Households, 8= 13usinesses, 9--Organizations, 10= Housing Units, Ii= Public Facilities, 13 =Jobs_ 1. Proposed # of accomplishment Units: Enter the proposed # of units to be accomplished_ 1. Actual accomplishment type: Enter the actual accomplishment type. L Actual # of accomplishment units during the year: Enter the actual units accomplished. i. Environmental Assessment Code: Enter A= Exempt, C= Completed, D == Underway �. Create Program Income: Enter Yes or No. Page 6 of 12 11106 12:41 PM ATTACHMENT C SECTION II: FISCAL. INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal activities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted activity. PROJECTED List the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut -off date of the report. ACTUAL List ALL the contract expenditures, whether or not they have been reimbursed by the County, OCED that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures. that your organization anticipates will be FOR NEXT REPORTING incurred in the implementation of the contracted activities through PERIOD the end of next reporting period. PROJECTED CUMULATIVE List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation of the contracted activities through OF CONTRACT PERIOD the end of the contracted period. Page 7of12 06-12-41 PM 0 N ro w 0 ro W N ►-+ b °'0 � d n Vim' r+ CD n r r CL °� b D � � O 5 CD CD 0 GO o En En can m Sy O Gi b 0 z 0 .9 ci ti 2)-o C/1 Pd pd H •. o W y. I ID �d 0 t 0 C CD CD CD p. a' `C (�D QUO CD CD 0 0 CD n ti ti t`+ y� D D n m� --t ° r y K o � n r r 2)-o C/1 Pd pd H •. o W y. I ID �d 0 t 0 C CD CD CD p. a' `C (�D QUO CD CD 0 0 CD n ti ti t`+ y� D D n m� --t . ATTACHMENT C SECTI%- ..'III: MINORITY BUSINESS ENTERPRIS— DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving.funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that I.R.S. has assigned to the Vendor/Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID Al: Enter the Employer Number that LR.S. has assigned to the Prime Contractor as a unique identifier. This information must be provided for each vendor listed. RACEIETHNIC GROUP: Enter the .numeric code (1 through 6) that identifies the racial/ethnic background of the owner(s) and controller(s) of 51% of the business. If 51% of the business is not controlled by any single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor's/subcontractor's/vendor's services. The codes are mentioned in the front of this page: AMOUNT OF CONTRACT/ Enter the total amount expended for goods., services, supplies, SUBCONTRACT OR and/or construction costs for each vendor, contract and PURCHASE: subcontract. In cases where commodities or equipment purchases comprise the majority of the expenditures for the period, then combine all expenses for the reported period. TOTAL: Enter the total amount of dollars expended on goods, services, supplies, and /or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICAN CHART NUMBER OF CONTRACTORS, Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during the reporting period. VENDORS This information must be reported for organizations with at least 51 % African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African. ACTIVITY: American firms from funds expended by your organization during the reporting period. Page 9 of t2 x1106 12:41 PM w O rn A b b CD 0 N 0) 0 -.A W N -� OD =ZD *� D -n. -j �u = `MzD <omm 'zmZ �D DS ? F. z � DmKm �mm� D�5 �uDJu zDZDzo z z 0 W N 0 'u 4vm °m mc WD* 0 O 'n Z O a, z o Z G m vi z! O �0 v z m N z Q 00000T v0000o MI CIO j o m m c m a :O c �(D nc m -.=I N ro N, w -o C m a� v C CL x 0m 0r°>.0 OO`mDQ a cic�o> OM�j N 7 ID �r0 N T m O O N- PD to W:3 3 N. O z .S CU! Z mca • Z,CO g ,,- • Alz.n • za • t O a .m r. • r- • m ■ .mo z m �m 2 0 ° o� �i °o m Q cc0m �W.z0 T r� w El 'MV N 1-+ lid W. O -K b ci M. H H H z H r ti 0 �l � J ` ^1 D D n m n ATTACHMENT C U.S. HUD SECTION 3 REPORT' PART THREE - SUM IARY — Indicates the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs, to the greatest extent feasible, toward low — and very low- income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) El Attempted to recruit low - income residents through: local advertising media, signs prominently. displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. 0 Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. 17 Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. 0 Coordinated with Youth build Programs administered in the metropolitan area in which the Section.3 covered project.is located. 0 Other, describe below. Page t 1 of 12 V06 12:41. PM SECTION IV: U..S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low- Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: $ PERIOD REPORTED: QTR ATTACHMENT C l 2 3 4 (CMCLE ONE) REPORT REVIEWED /APPROVED BY: _ TELEPHONE #: (SIGNATURE) .PART ONE — EMPLOYMENT & TRAINING — To be completed for each project and submitted quarterly to OCED by April 15, July 15, October 15 and January. 15. JOB CATEGORY A B C D E F G % B TO Total Total New % of New Total Total % of RACLA -UET iNIC CODES Contracts New Hires who Hires that Employee 3 Employee 1 2 3 4 5 Hires are are Trainee Employee Trainee White African Native Hispanic Asian or American (Total of Section 3 Section 3 hours Trainee Hours Amer_ Amer. Amer. Amer. Pacific Column Residents Residents worked Worked by Amer. G. 115) (B /A) Hours Section 3 CONSTRUCTION Residents Worked (E/D) by Section 3 Residents PROFESSIONAL TECHMCIAN OFFICE/ CLERICAL CONSTRUCTION BY TRADE (LIST) TRADE: TRADE: TRADE: TRADE: TRADE: OTHER TOTAL: PART TWO — SUBCONTRACTS AWARDED — for goods and services associated with this project. TYPE OF A B C I D CONTRACT Total $ Total $ % B TO NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY Amount of Amount of A RACIAL/ETHNI.0 IDENTIFICATION Contracts Contracts 1 2 3 4 5 6 Awarded Awarded to White African Native Hispanic Asian- Hasidic Section 3 American American American American Pacific Jew Businesses CONSTRUCTION NON - CONSTRUCTION 12 Mm 12A1 PM elw Page 12 of 12- Progress Rrt i ATTACHMENT D NIIANII -DADE OFFICE OF COMMUNITY AND ND ECONOMIC DEVELOPMENT INFORMATION FOR ENVIRONMENTAL- REVIEW .FORM Part I. I. Indicate Funding Source: CDBG HOME HOPE V1. HOMELESS (SROISHP) HOPWA 2. -- Indicate. Fiscal Year: FY 20 I ..Name of Subrecipient/Agency: 4. Name of Proposed Activity: 5. Location (Address) of Activity or Project: 6. Folio Number. 7. Commission District: 8. Name, address; phone and fax numbers of loan/grant recipient: Revised 01/07/03 Page 2 of 5 9. Detailed description of activity or project: 10. Purpose of activity or project: 11. Status of activity or project: Part II. Will the activity or project result in the following? Yes No Change in use Sub- surface alteration (i.e. excavations) New construction RenoVZi n or demolition. Site i nprovements (utilities; sidewalk, landscaping, storm drainage, .parking areas, drives, etc.) Building :improvements (windows, doors, etc.) Displacement of persons, households or business Increase in population working or living on site Land acquisition Activity in 100 -year floodplain A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 1.0 acre feet of water (e.g. digging a lake or diverting or deepening of a' body of water)_ Part III. A. Site Information Land use (please - describe) s . Existing Proposed Page 3 of 5 B. if activity includes new construction, renovation or rehabilitation, photographs must be provided of each side (front, rear and sides) of the structures) proposed for assistance and the buildings on the .abutting lots. The photographs shall- be identified by address. In addition, provide for each existing structure on the site, the following information: Existing structures) on site: Yes No + Estimated age. of structure(s) C. Other Sitefnformation: Yes No Flood insurance required? Public water available on site? Public sewer available on site? Children under 7 years of age residing on site or relocating to site (including day care facility)? Hazardous waste disposal facility? Storage of hazardous materials on site? Abandoned structure(s) on- site? Page 4 of 5 D. If the proposed activity. includes a new structure(s) or site improvements on a site of one (1) acre or more, a site plan must be provided. Project(s) will not be- environmentally reviewed without a site plan. E. If the proposed activity includes rehabilitation or renovation of structure(s), indicate the estimated cost _ and 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) F. If the proposed activity involves the transfer of any property, new construction or a securing of a loan for nonresidential parcel, provide a Phase I Environmental Audit determining 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 inspecting the site for physical evidence of contamir ation such as damage-vegetation or stains in the soil. Has a Phase I been performed: Yes — No If yes, a copy of the Phase I Environmental Audit must be submitted. G. 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. : Page 5 of S • -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. -Part IV. -Other Required: Submittal Documents: 1. 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, ad. 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. I certify to the accuracy of the above information. Print Name Signature Name of Organization or Corporation Date Title Unless otherwise indicated, return completed form and attachments to: Community Development Division Director Office of Community and Economic Development 140 West Fl .gler Street, Suite 1000 Miami, Florida 33130 C& MCATIGN REGARDING :LGBBMG ATTACIilVIENT E T Cerbficaiion for Gontrnet& grants, L*am and Cooaemtive -Aff melds The undersigned certifies, to the beet of his or her knowledge. and behalf; that; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any pergin for infiumcing or Ming to inflmwe an officer or employee of any agency, a Member of Conger;, an officer, or employee of Congress, or an employee of a Member ' of Congress in oomecfiion with the awarding of any Federal contrac;t, the making-of my Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the arteasion, ooatianafion, renewal, amendment, or modification of any Federal contract, grant, . loan or cooperative agreement. 2. if any floods 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 agency, a Member of Congress, an officer or employee . of - Congress, or an employee of'a Member of Congress in oonneetion with this Fedwal contract; grant, loan or cooperative agre=umt, the undersigned shall complete and submit Standard Form :_ LLL, "Di.saiosura Form to Report Lobbying," in ' arcordaace with its instructions. 3.. The-undersiga* shall requite that the language. of this certification be included in the award documents for all subwm ds at all tiers (including subcontracts, subgrants, and contracts under grants, loans and. cooperative agreements) and that- all r subrempients shall certi ry and disclose accordingly. 4. This boa is a material representation of fact upon which reliance was placed when this transaction was made or cantered into. Submission of this certification is a prerequisi ft for mfg or entering into this transaction imposed by section 13 52, title 31, U.S. Code. Any person who fails to file the required emiificaciion shall be subject to a civil penalty of not less man $10,000 and , not more than $100,000 for each such failure. BY: (9WneWre of AuAorkwd Repreaenta&e) NAME: (Print Name of FW= and Auftarind Repreent %&;1)) TITLI�: - DATE: �MI 1 4'011 1 Project Name Project Cost Miami -Dade County Carlos Alvarez Mayor Board of County Commissioners Bruno A. Barreiro Chairman Barbara I Jordan Vice - Chairwoman Barbara J. Jordan District I Dorrin D. Rolle District 2 Audrey Edmonson District 3 Sally A. Heyman District 4 Bruno A. Barreiro District S Rebeca Sosa . District 6 Carlos A. Gimenez District 7 Katy Sorenson District 8 Dennis C. Moss District 9 Sen. Javier D. Souto District 10 Joe A. Martinez District 11 Jose "Pepe" Diaz District 12 Natacha Seijas District 13 Harvey Ruvin Clerk of the Circuit and County Courts George M. Burgess County Manager Murray A. Greenberg mot` County Attorney Over 25 Years of Strengthening Miami -Dade County 41, Olt ATTACHMENT F Sign The sign (s) shall be made of 1/4 inch thick marine plywood, newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shall be provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion -of the contract. Sign Support The sign shall be free standing, prominently displayed as directed by OCED representative, and supported by two 4 'x4 "x10' pressure treated timbers securely fastened to the rear of the sign and sunk 4' below grade. Clearance from the bottom of the sign to the ground shall be 11. Church Street Improvements CDBG FY 2006 Phase III Municipality FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT t=^ 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 OCED Office of Community and Economic Development or its 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 Person A member of low- and moderate - income family i.e., a family whose income is within specified income limits set forth by U.S. HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County 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) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee tl. 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. 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, 2006, July 10, 2006, October 10, 2006 and January 10, 2007. b:' y 1Quarteriv Reporting when Subcontractors are Utilized Awardees are advised that when subcontractors or subconsultants are utilized to fulfill the terms and conditions of this contract, Miami -Dade County Resolution No. 1634 -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. 0 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 bylaw, ordinance or administrative order. The Awardee shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section 1- 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 11 - 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, 2006 and October 10, 2006 Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Avirardee shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to OCED no later than April 10, 2006 and October 10, 2006. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information 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 3 as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section II, Paragraph D.4. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report. shall not be required if the Awardee is submitting the Progress Reports required by Section 11, Paragraph D.1.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section 11, Paragraph DA.a. above, which shall describe the progress made by the Awardee in achieving each of the objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2006 through December 31, 2006 and shall be received by OCED no later than January 10, 2007. 3. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article 11, Section E.5: of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." Notwithstanding any provision of this Agreement, the parties hereto aaree and acknowledge 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 completion of environmental review and receipt by the County of a release of funds from the U.S. Department of Housingand Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on the County's determination to proceed with, modify or cancel the proiect 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 11, Paragraph I of this contract as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 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. Affirmative Action Plan - The Awardee shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 1. The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit low- and moderate - income persons; b. 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 Ll 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 24 CFR 57 0.606(b): (b) the requirements of 24 CFR 670.606 (c) governing the Residental Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606 (d) governing optional relocation policies. (The: County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 5. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, OCED's written environmental clearance statement and shall agree in'writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and 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. 9. The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -:352 and Public Law 90 -284 successfully meet these requirements. The Awardee shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shall provide written notification to OCED, no later than30 days after the completion of the coursework. This requirement may be waived in the sole discretion of OCED for Awardees who demonstrate knowledge of real estate .S development and organizational management theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. 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 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 Fllorida 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 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. 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 Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368), Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall 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 Employment. 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, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms E whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7. Domestic Violence Leave Affidavit : Prior to entering into any contract with the Gouty, 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 stating that the Awardee has adopted a Code that complies with the requirements of Section 2- 8.1(i) of the Miami -Dade County Code (Form A -12). 9. PUBLIC ENTITY CRIMES Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) 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 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 S. Related - Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Title 111, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 197:3, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. G. Conflicts with Applicable Laws If any provision of this contract conflicts with any applicable law or regulation, only the conflicting provision shall be 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. H. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the OCED representative noted in Section IV, Paragraph K of this contract, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable. 4. Submit to OCED for written prior 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. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. 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. I. Audits and Records 1.. The Awardee expending $300,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. The Awardee expending federal awards of $300,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These Awardees are required by OCED to submit "reduced scope" audits (e.g., financial audits, performance audits). They may choose instead of a reduced scope audit to have program audit conducted for each federal award in accordance with federal laws and regulations governing the programs in which they participate. Records must be available for review or audit by appropriate officials of the General Accounting Office and other federal and county agencies. 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Awardee's fiscal year. 4. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment 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. a. 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 agrees to provide such assistance as maybe necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 9. The Awardee shall ensure that its auditors share their audit results with OCED. This will include their completion of the monitoring instrument at the time that the agency undergoes its annual audit or reduced scope audit. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. Retention of Records 1. 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 II, 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 all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. ' 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 10 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. K. Provision of Records 1. The Awardee shall provide to OCED, upon request, all contract records. These records shall become the property of OCED without restriction, reservation, or limitation of their use. OCED shall have unlimited rights to all books, articles, or other copyrightable materials; developed for the purpose of this contract. These unlimited rights shall include the rights to royalty-fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (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 from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. a� Exception: The above application of one quarter 114 of one PF q ( ) 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; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts 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. Notwithstanding the foreeroinn._the Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of one quarter (114) of one percent in any exempted contract at the time of award. Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. L. Prior Approval III The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee 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 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 II, Paragraph Q.1. of this contract. 6. All out -of -town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section II, Paragraph H of this contract. 9. The disposal of all contract records as provided for in Section II, 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 OCED 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 subrrecipients 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. ➢ Requests for budget revisions. ➢ Requests for approval of subcontracts. 12 Non - compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of 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 place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Awardee and the signs shall remain in the property of the Owner at the completion of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. P. Procurement The Awardee must take affirmative :steps to procure supplies, equipment, construction, or services to fulfill this contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located 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 toward Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing 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 anther impediment that would prevent them from complying with the part 135 regulations. 13 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 (i) 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 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; ;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 conditign 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. 14 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 C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives required by and defined in 24 CFR Part 570.208 for five (5) years following the expiration or termination of this contract, or for such longer period of time as determined by 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 Q.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 in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size, date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the 15 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 of real property, the Awardee agrees to execute a mortgage or loan document for the CDBG award with OCED within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. 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 in whole or in part with funds from this and previous contracts with OCED shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED when and as requested by OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. The Awardee shall obtain the prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased 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 OCIED. 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 Ito reflect the percentage of CDBG funds used. 2. If the Awardee generates program income, the .Awardee may retain} the program and use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of this contract. These additional costs need not be of a kind that would be permissible as charges to this contract. However, the Awardee shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Compliance Manual. If any program income provisions of the Contract Compliance Manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. 7, b. The County may in its sole discretion allow Awardee to Use Program Income to carry out eliqible 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 11, Paragraph D.2.a. C. The Awardee shall report Program Income for as long as it receives and /or has control over Program Income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All provisions of this contract shall apply to any activity performed using Program Income. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible: loans, loan - related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income: from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. Any proceeds from the sale of property as detailed in Section 11, 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 17 Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual; b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. Present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County 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; f. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 2. 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 all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of 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 prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. a. 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 In 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: The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to OCED canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee must adequately justify their absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to OCED for payment within 30 days after the month in which the expenditures were incurred, Failure to comply may result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services and payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services 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. W. Reversion of Assets 19 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.. III. 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 $200000. IV. The Awardee and OCED Agree: A. Effective Date 1. This contract shall begin on January 1, 2006 . Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31, 2006. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable causes, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED in its sole and absolute discretion, and may include: a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 20 3. OCED 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. 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. 5. 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. 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. 21 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 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 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. 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 workinig days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the 22 modified budget not be received within the specified time, 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. K. Independent Private Sector Inspector General Reviews 1. Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally' /. of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee„ inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all 23 L. I documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section 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. Notice and Contact OCED's representative for this contract is Jesus Hernandez. The Awardee's representative for this contract is Joanna Revelo. The Awardee's principal office is at 6130 SUNSET DR, S MIAMI, FL 33143. In the event that different representatives are designated by either party after this contract is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. Name and Address of Payee When payment is made to the Awardee's assignee, the name and address of the official payee is: N/A 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. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue 24 beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Q. All Terms and Conditions Included: This contract 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 - Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. 25 IN WITNESS THEREOF, the parties hereto have caused th' t -six (26) page contract to be executed by their undersigned officials as duly authorized, this' y of 2006. AWARDEE: MIAMI -DAD COUNTY City of South Miami e BY: BY: NAME: vonne S. McKinley NAME: TITLE: Acting City Manager TITLE: C4 DATE: BY: NAME TITLE: DATE Witnesses: ,7 - BY ign t cc- A I#ehe ., I4C' 'Z Type or Print Name _ BY: (Signature) Type or Print Name Federal ID Number: 59- 6000431 Resolution #: /L1 • Me - /02/ i5— Awardee's Fiscal Year Ending Date: 9/3012006 CORPORATE SEAL: ATTEST BY: s r� 1� y. TITLE: Clerk, Bo rd of County Al /• AD s��® Commissioners Counrr . e �0R��'e �.'• .sr�Ynry �_(y�p••�4 CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 26 RFA FY2006I Acrc:..Im: SMIAMI bate: scor 4/24/2006 FY 2006 Activity ID: 4010 Action Plan ID: Index Code: CATEGORY: Source Capital ImprovemeStDBG Applicant / Developer (A.K.A.): City of South Miami IDIS Number: District: IMD Specific: Dist.Team: 07 07 A ar v'41f ff Contract Number: 60'125 Contract Shell Type: Applicant Legal Address: 6130 SUNSET DR CITY, ST, ZIP: is MIAMI j FL 33143 Contact: Ms.Joanna Revelo Applicant Type: Municipality Phone: (305) 668 -2514 )fY,'.�xN � � —J, d4.Yi �� ',�aa.���" .ff.N fr"��t, l 3� A �. A�*'�+�, ''" �' �'_: ��4� ���'.. Z �1,� w�� �i'a.C�� ��.,✓� �iS �, P,��,} �� Title: Reconstruction Of Church Street- Phase 11 Description (254 Characters Max.): Continuation of roadway milling & resurfacing, sidewalk & curb enhancement, paving & drainage improvements, landscaping, pavement marking, water & sewer improvements, street lighting and street furniture, at SW 59 Place from SW 66 St. to SW 68 St. �2 �uradrn n arm y tro on tact l form- FY05 Contract # 508'(6 Contract _ FY05 IDIS # 2802 Officer: 237`'__u__ ! .. FY05 Funding: $104,000 Planner: FY06 Non -OCED Funding: $50,000 FY06 Requested Amount- $430,000 FY 2006 $200,000 Allocation: Agency Fiscal Year Start: End: AUDIT DUE: tl/Q 1/2Di09/3;4f2{)D6 3/29/2007 Issued Date Scope Finalized Sent to County Attorney Number Of Units Proposed in Application 1,000 Estimated ini Proposed b Funding: - Pro Y 9 _ P '' Cost per Unit (CPU) Contract Status: 3- AGREEMENT SENT TO AGENCY FOR Sent to Clerk of Board Signed Date Budget Approved Sent to County Returned from Manager County Manager/ Executed ,�;m'� eggraphrcE nf`�or�at � ��Ple�asi�sr� b�e�toG1✓ =��C�D�c �A dr��� -` , a„ � �� � � r Activity Geo Address: Activity Geo City: ST: GeoZipCode: Census Tract: Block Group: If no street address, provide crossroads information: Folio Number (CI and HO only) SW 59 PL FROM SW 66 ST TO SW 68 ST. 09 -4025, sec 25 -5440 HUD Code: 03K Proposed: 1,000 HUD Activity Type: Street Improvements Accomplishment Type People National Citation National Objective: % Low /Mod: 570.201(c) 570.208(a)(1) LMA Priority Need Infrastructure Small /Min. Contractors: �k m m -0 m CD = F2 \ R2 . 7 Q- £7 �0 CD co 2 na kk C� �g 00 q� DCD Q- : � 0 R -n 2 n O � . � O 0 m a -<0 m »f n S n S 2 `>0 w 2 0 2 0 m 0> n n / \ \ _ » f \ m ! 7 co m CD 0 k ( \ \ j ) ¢ - 2 2 / § ; d } \ [ ( i § ; ; m °n D 7 ;70 / . 1 2 ) 0 Z c � } § > ) CO G) . k »:(�(\ \\ § § § \ \ . . ) \ D / ! n 0 w > .@ } . . m c m V % 0mc 0 . r- ].� & \ 0)§ 0 / . \ \� & ). § }m Cl) m } \� }�§\ m m P mz g�w zmm> & { Cl) 2> 2 E \ � �\ j 0 \ m 2 k R Z / \ ) 2 m \ � m \ ¥ « 0 O 0 m O n Cl) m m f Q m Cl) k � � K) = 3 < n w d ): $ o �ok o a o z w m ( \ k j ) ¢ ° § 7.( / 0 R Rm m 7 (. . 1 2 ) 0 Z 2 § CO ) CO G) . \\ § \ . . ) \ / n 0 w > . m c m V ° 0 ^ 0 N 3: < & q o n > - 69 69 m Cl) CD a } � 0 0 0 k \ \ \ . f \ m . . m \ ¥ « 0 O 0 m O n Cl) m m f Q m Cl) k � � K) = ATTACHMM B CITY OF SOUTH MIAMI CHURCH STREET IMPROVEMENTS - PHASE 111 CDBG FY2006 SUMMARY BUDGET JANUARY 1, 2006 - DECEMBER 31, 2006 CATEGORIES PRIOR YEAR FUNDING FY 2006 FUNDING NON -OCED FUNDING TOTAL 1. Personnel $4,000 $8,000 $ 0 $8,000 if. Contractual Services $18,548 $30,000 $10,000 $40,000 111. Operating Services $ 0 $ 0 $0 $0 IV. Capital Outlay $77,452 $162,000 $40,000 $202,000 TOTAL BUDGET $100,00() $200,000 $50,000 $250,000 SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA $ 50,000 CITY OF SOUTH MIAMI, INC CDBG FY 2006 RECONSTRUCTION OF CHURCH STREET SW 59TH PLACE - IMPROVEMENTS DETAIL BUDGET January 1, 2006 thru December 31, 2006 PP Non -OCED I OCED I Total OCED ITotal All Sources 4010 PERSONNEL - Employee 21011 Extemal Audit 0 0 Regular- Salaries 0 0 0 0 0 Public Works Director/ PW Staff 0 0 $5,000 $5,000 $5,000 Chief. Accountant/Finance Staff 40,000 0 $2,000 $2,000 $2,000 Grants Administrator 0 0 $1,000 $1,000 $1,000 Sub -Total Salaries 0 0 $8,0001 $8,0001 $8,000 4010 Fringe Benerits FICA fsalarvX7 R50M —I nl nl n n Contractual Services 21011 Extemal Audit 0 0 Sub -Total Fringe 0 0 0 0 0 0 0 21030 Other Professional- Svc Const M mt 10,000 30,000 Total Personnel 40,000 0 8,000 8,000 8,000 Contractual Services 21011 Extemal Audit 0 0 0 0 21012 Environmental Audit 0 0 0 0 21030 Other Professional- Svc Const M mt 10,000 30,000 30,000 40,000 21030 Other Professional Svc 0 0 0 0 22350 Bottled Water 0 0 0 0 25330 Rent Copier 0 0 0 0 25511 Building Rental 0 0 0 0 ' Total Contractual 10 000 30,000 30,000 40,000 - Operating Ear enses 31011 Telephone Regular 0 0 0 0 310.11 TelephoneLong Distance 0 0 0 0 31610 Postage 0 0 0 0 3142OAdverfising Radio 0 0 0 0 Total Operating Expenses 01 01 01 0 Commodities 31510 Outside Printing 0 0 0 0 95020 Computer Purchase 0 0 0 0 47010 Office Supplies/ Outside Vendors 0 0 0 0 Total Commodities 0 0 0 0 Capital Outla 90 Construction 40,000 162,000 162,000 202,000 Infrastructure Improvements 0 0 0 0 Total Capital Outlay 40,000 162,000 162,000 202,000 TOTAL BUDGET I I r>0,0001 200,0001 200,0001 250 000 ATTACHMENT B -1 INDEMNIFICATION AND INSURANCE REQUIREMEN'T'S FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor 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 Contractor or its employees; agents, servants, partners principals or subcontracfors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street,. Suite #1000, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 combined single. limit per occurrence for bodily injury and property damage. Miami - Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed. Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable: value of the building(s) or structure(s). The policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than .`B" as to management, and no less than. "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized to Do Business in Florida" issued by the State of Florida Department of Insurance and. are members of the Florida Guaranty Fund, Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder HAM �. ROGRESS REPORT FY 2006. kRT 9: Activity Information Agency Name:, Project Title:_ Activity Name: Activity Addre, Activity Descri [DIS No. 9.Source: 10. Grantee Activity #:— Matrix Code: 12. Index Code: 1 13. National Objective: ATTACHMENT C 'select Quarter ( ✓) 1' JAN -MAR VD APR -JUN 3n° JUL SEP ANNUAL REPORT 4. Category:, 6. Commission District: Funded Amount: ENTER YES (Y) OR NO (1) FOR QUESTIONS 14 TO 17 14. Help Prevent Homelessness ?: A5.. Help Those 'With HIV /AIDS ?:_ 16. Primarily Help Persons With Disabilities ?: . 17'_ Generate Program Income ?:. DICATE ALL THAT APPLY WITH "X" FOR QUESTIONS 18 TO 24 Section 108: _19. One - For -One Replacement: 20.Displacement: 21. Float Funded: . Special Assessment: 23. Revolving Fund: 24- Favored Activity: Float Principal Balance: Indicate if the activity is located in CDFI Area or Strategy Area C /S:: Area Identifier: Unliquidated Obligations: LRT 2: Area Benefit Information (complete this part if the national objective is LMA) Percent of Low/Mod in Service Area: 2. Survey or Census 'Tract determination? (S /C): Census Tract: 06 1241 PM 4. Block Groups: Page I of 1:2 ATTACHMENT C 'ART 3: Direct Benefit Information (complete this part if the National Objective is LMC.LMH. LMJ I. Counts by Households or Persons? (H/P): ! Total Number Benefiting from the Activity: 3. Number of Female Headed Households: 1. Number of persons served in Entitlement Area: Number of persons served outside of Entitlement Area: C. Method of Verification by the Agency: r. Presumed Benefit? (Y/N): a. Nature/Location ? (Y i. Nature/Location Narrative: Direct Benefit by Race/ Ethnic Category Note: The beneficiary information must be cumulative total from program start date. 1 White Black or African American Asian American Indian/ Alaskan Native Native Hawaiian / Other Pacific Islander American Indian/ Alaskan Native & White Asian & White Black African American & White American Indian or Alaskan Native & Black African American Other Multi— Racial Totals Di tBenerithylncomeCategorj MOD LOW EXTREMELY LOW TOTAL PART 4• Slum /Blight Area Information (complete this part if the. National Objective is SBA} 9. Boundaries: 2 Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: 4. Slum/Blight Designation Year: PART 5• Job Creation/Retention Information (complete this part if the National Objective is LMJI Table 1 Type CDBG.Direct Loan CDBG Deferred Payment CDBG Grant Page 2 of 12 1/2/06 1:34 PM ATTACHMENT C Table 2- Job Creation /Retention Information Type Total Job Count -Full Time Job Total Job Count -Full Time - Low/Mod Total Hours Pail` time Total Hours -Part Time - Low/Mod Percent of Low/Mod Jobs Expect to Create # of Units expected at Completion Total Expect to Retain Indian/Alaskan City Actually Created Displaced ActualIX Retained From PART 6: CDBG Multi -unit Activity Set Up and Completion Information (for LMH activities) Table 1 Units Total. Occupied Occupied Low/Mod # of Units at Start Asian/Pacific Other # of Units expected at Completion Total # of Units actually Completed Indian/Alaskan City Tahle 2 Type Authorized Costs Actual Costs CDBG Hispanic Asian/Pacific Other Tract Or Total PART 7: Displacement Information (complete this part if displacement has occurred) Type Census White Black Hispanic Asian/Pacific American Tract Or Available Date Indian/Alaskan City Displaced From Remaining In Relocated To PART 8: Replacement Information4comDlete. this Dart if One -for One Replacement has occurred) Type Demolished/Converted Address Replacement Address # of Bedrooms Agreement executed date Available Date PART 9: Activity Status /Accomplishments Information (complete this part for all types of activities) 1. Activity Status (Circle One): 1. Cancel 2. Completed 3. Underway (An activity is considered to be completed when it meets the National Objective and after all the funds are drawn) 2. Proposed Accomplishment Type: 3. Proposed # of Accomplishment Units: 4. Actual Accomplishments Type: 5. Actual # of Accomplishment units during the year: 6. Environmental Assessment Code: 2106 12.41 PM 7. Create Program Income? (Y. Page 3 of 12 ATTACHMENT C Accomplishment narrative for the Curr .-.,c Program Year (Please make sure that a,;complishments during the current Year are only included. Maximum 6 lines) By signing below I, ind appropriate records have been maintained. verify that the information in this report is accurate Prepared By: Date: Eteviewed By: Date: FOR OCED USE ONLY Verified for completeness and accuracy by: Contract Officer. Planner. CMM Section Supervisor_ Planning Section Supervisor. Division Director: Admin. Support Staff: Page 4 of 12 )6 12 =41 PM Date: Date: Date: Date: Date: IDIS UPDATE ATTACHMENT C QUARTERLY PROGRESS REPORT INSTRUCTIONS .Rl' 1. ACTIVITY INFORMATION Agency Name: Enter the Name of the Agency Project Title: Agency Acronym and the Title of the Project (60 characters maximum) Activity Name: Agency Acronym and the name of the activity (40 characters maximum) Category: Enter the Category of the activity (e.g. Housing, Public Service, Bec. Dev etc.) Activity Address: Enter the complete address of the location where the activity is taking place Commission District: Enter the Commission District 9 where the activity is taking place Activity Description: Enter brief description of the activity (120 characters maximum) IDIS No.: Enter IRIS No. of the activity. Source: Enter the funding source (e.g. HOME 95). Grantee Activity #: Enter the Grantee Activity No.(E.g. B.00.020.23 5) Matrix Code: HUD Code applicable to the activity. Index Code: Enter the Index Code from FAMIS National Objective: Enter the National Objective applicable to the activity. Help Prevent Homelessness ?: Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. Help those with HIV /AIDS ?: Enter Y if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N. Primarily Help Persons With Disabilities ?: Enter Y if the purpose of the activity is primarily help persons with disabilities; otherwise enter N. Generate'Program Income ?: Enter Y if this activity is expected to generate Program Income; otherwise enter N. Section 108: Enter X if this activity is funded in whole or in part using proceeds from loans guaranteed under Section 108. One for one Replacement: Enter X if this activity is a One - For -One Replacement Activity Displacement: Enter X if this activity involve a displacement activity Float Funded: Enter X if this activity is a Float Funded activity. Special Assessment: Enter X if this activity is a public improvement activity for which a special assessment will be levied. Revolving Fund:. Enter X if this activity is funded through a revolving fund. Favored Activity: Enter X if this activity is an economic development activity that is of important national interest and therefore may be excluded from the aggregate public benefit calculation. Float Principal Balance: Enter the Float .principal balance if this is a float funded activity Indicate if the activity is located in CDFI Area or, Strategy Area: Enter C or S depending upon whether this activity is located in a Community Development Financial Institution (CDFI) or a Neighborhood Revitalization Strategy Area_ Area Identifier: If you entered C or S in the previous field, enter the Area Identifier. Unliquidated Obligation: Enter the amount of orders placed. Contracts and grants awarded, goods and services received, and .similar transactions for which expenditure has not been reported as of the end of the reporting period. IRT 2. AREA BENEFIT INFORMATION Percent of Low/Mod in service area: Enter the percentage of low /mod persons in the service area. Survey or Census Tract determination: Enter the method by which the percentage of low /mod in the service area was determines. Enter S for Survey and C for Census. Census Tract: Enter the Census Tract for the LMA Service Area. Block Groups: Enter the Block Groups associated with. the Census Tract. iRT 3 DIRECT BENEFIT INFORMATION(complete this part if the National Objective is LMC. LMH. or LMJ) Counts by Households or Persons? (H/P): Enter P for LMC or LMJ activity and H for LMH activity. Total Number Benefiting from Activity: Enter the total number of persons benefiting from the activity. Number of Female Headed Households: Enter the total number of female Headed Households. This field is not applicable to LMC and LMJ activities. Number of persons served in Entitlement Area: Enter the total number persons served in Entitlement Area Number of persons served outside of Entitlement Area: Enter the total number of persons served outside of the Entitlement Area. Method of verification by the Agency: Enter the method used by the Agency in determining the number of persons served inside and outside of the Entitlement Area. Presumed Benefit? (Y/N): Enter Y if this activity is designed to exclusively serve a category of persons presumed by HUD to be Iow /mod income. Please note that presumed benefit groups are limited to: abused children, battered spouses, elderly persons, disabled adults, illiterate adults, persons living with AIDS, homeless and Migrant Farm Workers. This field is not applicable to LMH and LMJ activities. Nature/Location: Enter Y if the activity is considered low /mod because of the nature of the activity and the place it is being carried out. This field is not applicable to LMH and LMJ activities. NaturelLocation Narrative: Enter a description of how the Nature/Location of the activity benefits a limited clientele, at least 51% of whom are low /mod income. Pages of 12 06 12:41 PM ATTACHMENT C PART 4• SLUM /BLIGHT AREA INFORMATION (complete this part if the national objective is SBA) 1. Boundaries: Enter a description of the boundaries of slum/blight area (180 characters maximum) % of deteriorated buildings: Enter the percentage of buildings that were deteriorated when the area was designated as slum/blight. 1. Public Improvement/Condition: Enter a brief description identifying each type of improvement located within the area and its condition at the time the area was designated slum/blight(40 characters maximum). 1. Slum/Blight Designation Year: Enter the year the area was designated as slum/blight. PART 5: JOB CREATION /RETENTION INFORMATION (complete this part if the National Obiective is LMJ cable 1: Direct or Deferred Payment Loan Information: If CDBG assistance for a job creation/retention activity is provided in the form of a loan, enter the Interest Rate, Amortization Period and the Amount. CDBG Grant Amount: If CDBG is being used to provide assistance in a form other than a direct or deferred loan, enter the amount provided for this activity. fable 2: Enter the information about jobs expected to create, expected to retain, actually created and actually retained_ PART 6: CDBG MULTI -UNIT ACTIVITY SET UP AND COMPLETION INFORMATION fable 1: Enter details of # of units at start, # of units expected at completion and # of units actually completed cable 2: Enter the details of costs associated with the activity. PART 7: DISPLACEMENT INFORMATION ?nter the requested displacement information in the table PART 8: REPLACEMENT INFORMATION 'Inter the relevant information in the table regarding Replacement as a result of this activity. PART 9: ACTIVITY STATUS /ACCOMPLISHMENTS INFORMATION(complete this part for all types of activities) 1. Activity Status: Circle 1, 2 or 3. Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from IDIS. Proposed Accomplishment Type: Enter 1= People, 4= Households, 8= Businesses, 9= Organizations, 10= Housing Units, 11= Public Facilities, 13 =Jobs. 1. Proposed # of accomplishment Units: Enter the proposed # of units to be accomplished. 1. Actual accomplishment type: Enter the actual accomplishment type. ;: Actual # of accomplishment units during the year: Enter the actual units accomplished. ;. Environmental Assessment Code: Enter A= Exempt, C= Completed, D == Underway '. Create Program Income: Enter Yes or No. Page 6 of 12 2/06 12:41 PM ATTACHMENT C SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal activities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most. recent approved OCED budget for your contracted activity. PROJECTED List the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut -off date of the report. ACTUAL List ALL the contract expenditures, whether or not they have been reimbursed by the County, OCED that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures. that your organization anticipates will be FOR NEXT REPORTING incurred in the implementation of the contracted activities through PERIOD the end of next reporting period. PROJECTED CUMULATIVE List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation of the contracted activities through OF CONTRACT PERIOD the end of the contracted period. Page 7 of 12 D6 12.41 PM w 0 o. N ro ro 00 n 0 ro Mb ro n td 4� r� b n d En (D E?) W n CD ¢� 0 N o c� o a CD CD � C CD o � °� w �d 0 M I. E El CD CD o � 1 Mb ro n td 4� r� rJa � Lz/1 0 w oL+ CD y CD 0 ►t cz CD d c� 0 c 0 CD CL CD a- (D U�4 CD ti ti 0 D D n m:. z •� O b O . zC d y dC n � b O �z p 3 A y� bx C d A r. Oil 00 bozo o � tv dvF4%.- n�dkC`d o �dan y ��d rJa � Lz/1 0 w oL+ CD y CD 0 ►t cz CD d c� 0 c 0 CD CL CD a- (D U�4 CD ti ti 0 D D n m:. z •� ATTACHMENT C SECTION III: MINORITY BUSINESS ENTERPRISE DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR./ Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that LR.S. has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID #: Enter the Employer Number that LR-S. has assigned to the Prime Contractor as a unique identifier. This information must be provided for each vendor listed. RACE/ETHNIC GROUP: Enter the.numeric code (1 through 6) that identifies the racial/ethnic background of the owner(s) and controller(s) of ' 51% of the business. If 51% of the business is not controlled by any single racial( or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor 's /subcontractor's/vendor's services. The codes are mentioned in the front of this page: AMOUNT OF CONTRACT/ Enter the total amount expended for goods, services, supplies, SUBCONTRACT OR and/or construction costs for each vendor, contract and PURCHASE: subcontract. In cases where commodities or equipment purchases comprise the majority of the expenditures for the period, then combine all expenses for the reported period. TOTAL: Enter the total amount of dollars expended on goods, services, supplies, and /or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICAN. CHART NUMBER OF CONTRACTORS, Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during the reporting period. VENDORS This information must be reported for organizations with at least 51% African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African. ACTIVITY: American firms from funds expended by your organization during the reporting period. Page 9 of 12 2/06 12.41 PM W O rn N -v 'v w 0 LZ �T .A WN i pD=ZD:� -1 (f) > -n =D; j22 m mz><omm ;U�O>ZDS MDm >mZ K Lu mo 0 >X022>u ZDZyOZO z z n W N 1 0 D iomom D n On =i z z� v z c m n =! v �z m z to z z 0 ovvvv-n v0000o (YAWN -+ -0 0) X Cl) Z a) (Do C (D a (D 00 N'_0 oc v =3 N o C (D �= v m n S -ovcv�v0 o< (OpO°v�a 0 M Ia. o o D N_Qmmay 7 N q 3 m j `< o a N � N V1 O z -S co oz➢ uu z � � 6 -4000 zm C.Xz -4Q � O 0 � Z r >nm n -q;u -400 <DZ r G) m 1171ra • Z Ca • o T Jl C'1 1 • °a m vas • c. m :m m 0 - � s Z �m 0 iv m s 03 Ol C C Q S AC1'.zo a W A w ti b W 0 b H z b O N n. t Q) bu y Qi v� --i (7 m ATTACHMENT C U.S. HUD SECTION 3 REPORT PART THREE - SUMMARY — Indicates the efforts made to direct the employment and other economic opportunities venerated by HUD financial assistance for housing and community development programs, to the greatest extent Feasible, toward low — and very low- income persons, particularly those who are recipients of government assistance for lousing. (Check all that apply.) ❑ Attempted to recruit low- income residents through: local advertising media, signs prominently. displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. ❑ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. ❑ Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered . project-is located. ❑ Other, describe below. Page i I of 12 2106 12:41 PM ATTACHMENT C SECTION IV: U.S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low- Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: —CONTRACT AMOUNT: $_ PERIOD REPORTED: QTR 1' 2 3 4 (CIRCLE ONE) REPORT REVIEWED /APPROVED BY: TELEPHONE #: (SIGNATURE) PART ONE — EMPLOYMENT & TRAINING — To be completed for each project ,and submitted quarterly to OCED by April 15, July 15, October 15 and January. 15. JOB CATEGORY A Total B Total New C % of New D Total E Total F % of G RACIAUETEINIC CODES 1 White Amer. 2 African Amer. 3 Native Amer. 4 Hispanic Amer. 5 Asian or Pacific Amer. A New Hires (Total of Column Hires who are Section 3 Residents Hires that are Section 3 Residents Employee Trainee Hours worked Employee Trainee Employee. Trainee Hours Worked by 6 G. 115) Contracts (BSA) Hours Section 3 Awarded to White African Native Hispanic Asian- Hasidic Section 3 Residents American American American American Pacific Jew Businesses Worked by .section (EfD) American CONSTRUCTION 3 Residents NON - PROFESSIONAL CONSTRUCTION TECHNICIAN OFFICE/ CLERICAL CONSTRUCTION BY TRADE (LIST) TRADE: TRADE: TRADE: TRADE: TRADE: OTHER TOTAL: PART TWO — SUBCONTRACTS AWARDED — for goods and services associated with this project.. TYPE OF A B C D CONTRACT Total S Total $ % B TO NUMBER OF SECTION 3 BUSINESSES RECEIVING CONTRACTS BY Amount of Amount of A RACIALJETEINIC IDENTIFICATION 1 2 T 3 4 5 6 Contracts Contracts Awarded Awarded to White African Native Hispanic Asian- Hasidic Section 3 American American American American Pacific Jew Businesses American CONSTRUCTION NON - CONSTRUCTION Page 12 of 12- Ptogress Report 3!2/06 12:41 IM ATTACIV4ENT D " MIAMI -DARE OFFICE OF COMMUNITY-AND ECONOAUC DEVELOPMENT INFORMATION FOR ENVIRONMENTAL- REVIEW FORM Part L 1. Indicate Funding Source: CDBG HOME __ HOPE VI HOMELESS (SRO /SHP) HOPWA 2. -- Indicate. Fiscal Year: FY 20 3... Name of Subrecipient/Agency: 4. Name of Proposed Activity: 5. Location (Address) of Activity or Project: 6. Folio Number: 7. Commission District: 8. Name, address; phone and fax numbers of loan grant recipient: Page 2 of 5 9. Detailed description of activity or project: 10. Purpose ofactivity or project: .. I 11. Status of activity or project: Part 1111. Will the activity or project result in the following? Yes No Change in use Sub- surface alteration (i.e. excavations) New construction Renovation or demolition. Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Building improvements (windows, doors, etc.)--- Displacement of persons, households or business Increase In population working or living on site Land acquisition Activity in 100 -year floodplain A new non're'sidential use generating at least 1,375,000 gallons of water or 681,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A- sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water). Page 3 of 5 Part M. A. Site Information Land use (please - describe) . Existing : Proposed .B. If activity includes new construction, renovation or rehabilitation, photographs must be provided of each side (front, 'rear and sides) of the structure(s) proposed for assistance and the buildings on the abutting lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure(s) on site: Yes No • Estimated age of structure(s) _ C. Other Site information: Yes No Flood insurance required? Public water available on site? Public sewer available on site? Children under 7 years of age residing on site or relocating to site (including day care facility)? Hazardous waste disposal facility? Storage of hazardous materials on site? Abandoned structure(s) on site? 4 Page 4 of 5 D. If the proposed activity. includes a new structure(s) or site improvements on a site of one (1) acre or more, a site plan must be provided. Project(s) will not be-environmentally reviewed without a site plan. E. - If the proposed activity includes rehabilitation or renovation of structure(s), indicate the estimated cost _ and 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) F. If the proposed activity involves the transfer of any property, new construction or a securing of a loan for nonresidential parcel, provide a Phase I Environmental Audit determining 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 environment -al records for inforination 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 inspecting the site for physical evidence of contami-riation such as damage- vegetation or stains in the soil. Has a Phase I been performed: Yes _ _ No If yes, a copy of the Phase I Environmental Audit: must be submitted. G. Environmental Health Information If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? Yes 1140 If yes, please submit the results. Page 5 of 5 • 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. Part IV. Other Required. Submittal Documents: 1. 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. I certify to the accuracy of the above information. Print Name Signature Title Name of Organization or Corporation Date Unless otherwise indicated, return completed form and attachments to: Community Development Division Director Office of Community and Economic Development 140 West Flagler Street, Suite 1000 Miami, Florida 33130 and Zhe >lnd� signed rertifics, to the best of his or her bwvviedge- and iichalf, dlift fiords have, boe,n p or on behalf of the aid or wi11 per: by 1. No Fodaral appropriated b influence an o�cce or �� any for influencing- Or a affiear or employr�c of cniploy� of any ag=3'+ a Mambo of Corgi,_ Coo;gress, or an cmpioyoe of a Mmsi�ar of Congross in aonnecii+on: with iiic - of any Federal contract tb� �� of Fodcsal grant, the; making of egg and �c extension, _ - my Foderel lean, tea en g into -of � eoopanAivc ag�mt. ooaii�aiion, ° wndndm=4 or modification of any Federal contract, t loan or cooperativer any s olhc r than Fedesnj appropriated fimds. have, bmapud or will be paid to to inflnenc= an o or �ployec of any Peron fJDr .nfht acing or egg l(J CC _ of Congress, s, an. officer "or ornp y or an agency, a Member of Congres =ployoc of -a Member of CongrE`.s in oonneotiora with this Federal conira% g � . the �nd - raigned :shall oamplctc and submit Standard 1 or covpcz�.vc agree „ • with -its - - oan M a�rdaacc Fom LLL.. "Disalosu Frirm is Report Lobbying, instructions. ed shall requ m via the l�uagc o €tivLs certification ba in_ clu&d in 3. T m -ua&Ts gn mbo►n�;, subgrants, i awazd dQCUmenis for alt subwards at all tiers Cmr- ding ts, Ioans • and _ coopera ivo a.U==ntaj and . fhaf all and contracts under. gran st�pienfs sbAU codify and disclose, accozdiQly. on is 8 mateaial on of upon which- reliance was placed - `l• Tl< s iota. Vision of: fliis ccrtifirafion is a when this. umsacdon was madam cr catered into this ttansacti on i�OSed j'3' sedan 13 52, title pr for g Or ed>�ng.. oerf fic ation shall be sabjcct to 3 1, U:S. Code,. Any persoix who fails to file flu regircd a civil pity of n6t. lcss. $10; 00 end not inure fiisn $100,t?OQ for each such BY: prr�rea- o�of A►m Rmran � ) Nrmoo €FScmwdAa&gr- .P % TIT E'. �. ,�' �� -�T -x(1(1 ►Arl C. c� ,� DTI: - `O 4' 0" MIAM Project Name Project Cost Entitv Miami -Dade County Carlos .Alvarez Mayor Board of County Commissioners Joe A. Martinez Chairman Dennis C. Moss ice- Chairman Barbara J. Jordan District I Dorrin D. Rolle District 2 Audrey Edmonson District 3 Sally A. Heyman District 4 Bruno A. Barreiro District S Rebeca Sosa District 6 Carlos A. Gimenez District 7 Katy Sorenson District 8 Dennis C. Moss District 9 Sen. Javier D. Souto District 10 Joe A. Martinez District 11 Jose "Pepe" Diaz District 12 Natacha Seijas District 13 Harvey Ruvin Clerk of the Circuit and County Courts George M. Burgess County Manager Murray Greenberg County Attorney MIAMI-DAD � c COMMUNITY AND ECONOMIC DEVELOPMENT Over 25 Years of Stre. c -Dade County 41011 ATTACHMENT 'F Sign The sign (s) shall be made of % inch thick marine .plywood, newly painted and fettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors and materials. The Contractor shall place the sign (s) securely braced and mounted. All materials shall be provided by the Contractor and the sign(s) shall remain in the property of the Owner at the completion of the contract. Sign Support The sign shall be free standing, prominently displayed as directed by OCED representative, and supported by two 4 "x4 "x10' pressure treated timbers securely fastened to the rear of the sign and sunk 4' below grade. Clearance from the bottom of the sign to the ground shall be 1'.