02-15-05 Item 12CITY OF SOUTH MIAMI
Inter - office Memorandum
TO: Honorable Mayor, Vice Mayor DATE: February 15, 2005
South Miami
bftftd
AII- America City
2001
& City Commission
FROM: Maria V. Davis AGENDA ITEM No._M
City Manager t� RE: Authorizing the City Manager to
execute contract amendment one between
the City of South Miami and Miami -Dade
County Office of Community & Economic
Development
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACT AMENDMENT ONE WITH MIAMI -DADE COUNTY OFFICE OF
COMMUNITY AND ECONOMIC DEVELOPMENT FOR TIME EXTENSION ON THE
FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR CHURCH
STREET IMPROVEMENT PHASE 2; PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
Miami -Dade County of Office of Community & Economic Development (OCED) awarded a
$95,000 grant to the City early last year, for Phase 2 of the Church Street Improvement Plan. The
grant agreement was for a 12 month period (with completion date of December 2004), but OCED
did not fully execute the agreement until April 2004, thus delaying the project for at least four
months. Due to the delay, OCED has agreed to amend the agreement by extending the funding
period from December 2004 to December 2005. This will give us enough time to complete the
prof ect.
RECOMMENDATION:
It is recommended that the City Commission approve the resolution.
ATTACHMENTS:
0 Proposed resolution
0 Amendment One issued by OCED
❑ Approved Resolution No. 2 -04 -11781
U Original agreement with OCED for the $95,000 grant
I RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
4 SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 EXECUTE CONTRACT AMENDMENT ONE WITH MIAMI -DADE COUNTY
6 OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT FOR TIME
7 EXTENSION ON THE FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT
8 (CDBG) FOR CHURCH STREET IMPROVEMENT PHASE 2; PROVIDING FOR
9 AN EFFECTIVE DATE
10
11 WHEREAS, on April 6, 2004, the Mayor and City Commission obtained grant funds for Church
12 Street Improvements (Phase II) from the Miami -Dade County Office of Community and Economic
13 Development, which funding was to be utilized for twelve month period, but the states December 2004
14 completion date;
15
16 WHEREAS, the city has experienced delays in making the expenditures under the grant because
17 the City received the fully executed agreement from the County very late and the County staff agreed to
18 combine the 2004 funding with 2005 funding for more complete project, and
19
20 WHEREAS, the underlying grant agreement is about to expire, and the Mayor and City
21 Commission wish to maintain FY 2004 grant funds from Miami -Dade County Office of Community &
22 Economic Development so as to complete the project that was initiated; and
23
24 WHEREAS, it is necessary to extend the contract time for the FY 2004 Community
25 Development Block Grant in order to accomplish the Church Street Improvement (Phase Il).
26
27 WHEREAS, the city has contacted Miami Dade County Office of Community & Economic
28 Development in order to obtain an extension on the grant funding deadline and the County has agreed
29 to honor the request following the receipt of approved resolution by the City Commission;
30
31 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF
32 THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
33
34 Section 1: The above whereas clauses are incorporated by reference into this resolution.
35
36 Section 2.: The city desires to extend the contract time for FY 2004 CDBG funding from
37 Miami Dade County Office of Community & Economic Development.
38
39 Section 3: The Mayor and City Commission authorize the City Manager to execute Contract
40 Amendment One with Miami -Dade County of Community Development, which contract is attached
41 and incorporated by reference into this resolution as exhibit 1.
42
43 Section 4: This resolution shall be effective immediately.
44
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PASSED AND ADOPTED this
APPROVED:
Maria Menendez, City Clerk
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of February, 2005.
ATTEST:
Mary Scott Russell, Mayor
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
02/02/2005 _1048 3056636346 PAGE 03
AMENDMENT ONE TO FY 2004 CDBG CONTRACT
BETWEEN
MIAMI -IIADE COUNTY
< AND
CITY OF SOUTH NIIAW
The F 2004 CDBG Contract between Miami -Dade County and the City of South Miami.
E don March 30a, 2004, is amended as folldws:
Paragraph 1V. The Contractor and County Agrees:
A. 2. Effective Date
This contract shall expire on December 32, 2005..
The effective date of this amendment is December 31, 2004
Attachments A & B are revised as indicated in Attachments A & B,
for the. changes enumerated above, all other provisions of the contract shall
in full force and effect.
endment is hereby made a part of the contract.
This
THIS SPACE IS INTENTION.A,.LLY LEFT BLAND
90 30dd
9VE9699906 8V:ez 5082 /zO/ZO
02/02/2005 10:48
3056636346 PAGE 06
CITY OF SOUTH MIAMI
FY04 CDBG
CHURCH STREET PHASE II
SUMMARY BUDGET
I. PERSONNEL SERVICES
II. CONTRACTUAL SERVICES
III. OPERATING EXPENSES
IV. COMMODITIES
V. CAPITAL OUTLAY
TOTAL
,ATTACHMENT B
$ 4, 000
-0-
-0-
-0-
91,000
$95,000
T .
FJ2 /09/7RRF 1 n. aQ Omr-cr 7rnAr
31510. Gluts
a printing
0
0.00
91.777
G
D
95020 Gam
ter Purghsse
0
'Tate apiulOutlay
4
0.00
Q
0
0
47701 a Offic
Supplles/ Outside venders
0
0.00
d
0
Tots
ommadities
0
0.p0
0
0
6P l Oudar
00 Gan uaforl
81.000.00
a
91.777
'Tate apiulOutlay
4
Q
91,tlbtl.DO
91,000
GE 07
02/02/2005 10:48
The contracting ind
to this contract and
must be filled.
The MIAMI -DADI
EMPLOYMENT Di
NON- DISGRIMINA
contracts with the
subdivision or age
contracting entities
this contract.
I Silvia A
3056636346
PAGE 08
MIAMI -DADS COUNTY AFFID"ITS
I or entity (government or otherwise) shall indicate by an "X" all affidavits that pertain
indicate by an "N /A" all affidavits that do not pertain to this contract, All blank spaces
COUNTY OWNERSHIP' DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY
LOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY
,N AFFIDAVIT, and the PROJECT FRESH START AFFIDAVIT shall not pertain to
ited States or any of its departments or agencies thereof, the State or any political
thereof; it shall however, pertain to municipalities of the State of Florida, All other
individuals shall read carefully each affidavit to determine whether or not It pertains to
n
being first duly sworn state:
The full legal nam and business address of the person(p) or entity contractiort or transacting business with
Miami-Dade Coun are, (Post Office addresses are not acceptable):
59- 6000431
Federal Employer Identification Number (If none, Social Secudty)
City ,of SoLt;h Miami
Name of Entity,
Doing Business
6130 Suns
Street Address
I. - MIAMI -DADE
1. if the oontn
shall be-pro
percent (w),
Partnership,
transaction i
beneficiary,
to contracts
addresses a
Full-tegal
Partners, or- Corporation
W same 48 above, leave blank)
Drive s.Miami, FL 33143
city
State
Zip Code
►LINTY OWNERSHIP DISCLOSUnE AFFIDAVIT (Sec. 2 -8,1 of the County Code)
t or business transaction 'is with a corporation, the full legal name and business address
ded for each officer and director and each stockholder who holds directly or indirectly five
or more of the corporation's stock. if the contract or business transaction is with a
le foregoing information shall be provided for each partner. It the contract or business
with a trust, the full legal name and address shall be provided for each trustee and each
7e forgoing requirements shall not pertain to contracts with publicly- traded corporations or
with the United States or any department or names and addresses are (Post Offices
not acceptable):
Address .
A
Page 1 of 5
Ownership
02/02/2005 10:48 3056636341
2. The full legal
men, supplie
otherwise) in
acceptable):
PAGE 09
mes and business address of any other individual (other than subcontractors.- material
laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or
e contract or business transaction with Dade County are (Post Office addresses are not
N/A
3. Any person o willfully fails to disclose the Information required herein, or who knowingly discloses
false inform 'on in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or
imprisonmen in the County jail for up to sixty (50) days or both.
II. , MVMI -DARE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No.
9 133,
Ill. Mending Sec. 2.8 -1; Subsection (d)(2) of the County Code).
Except,'where ecluded by -federal or State laws or regulations, each contract or business transaction or
renewal thereo which involves the expenditure of ten thousand dollar ($10;004) or more shall require the
entity contracti or transacting business to disclose the following Information. The foregoing disclosure
requirements d not apply to contract's with the United States or any department or agency thereof, the
State or any p
ti subdivision or agency or any municipality of this State.
1. Does yourr f m have a coliectNe bargaining agreement with its employees?
X No
2. Does your m provide paid health care benefits for its employees?
- Y No
3. Provide a Trent breakdown (number of persons) of your firm's work force and ownership as to race,
national oil n and gender.
White:
Black: 3
Males —11— Females Asian: Males —__.Females
Males 13 Females American Indian:— Males Females
Hispanics: 3
_ -- �
Males 25 _ Females Aluet (Eskimo).: Males Females
--
Males � -- Females -- Males _ Females
11 AFFIRMATIVE
PROCUREME
ACTIONINON- DISCRIMINATION OF EMPiOYMENT, PROMOTION AND
PRACTICES (County Ordinances 98 -30 codified 2- 8.1.5
at of the County Cade)
In accordance
$5.000,000 se
'th County Ordinance No. 98 -34, entities with annual gross revenues - in excess of
ing to contract with the County shall, as condition receiving a County contract, have
written affirmat
discriminate In
I) a
a action plan which sets forth the procedures the entity utilizes to assure that It does not
forth the .proce
s employment and promotion practices, and 11) a written procurement policy which sets
res the entity utilizes to assure that it does not discriminate
owned busines
and procureme
against minority, and women-
s in its own procurement of goods, supplies and services. Such affirmatives action plans
t policies shall provide for periodic
entity does no
review to determine their effectiveness in assuring the
discriminate in its employment, promotion and
notwithstandin
procurement practices. The foregoing
corporate entities whose boards of directors'are
up of the natio
representatives of the population make-
shall be presumed to have non - discriminatory
shall not be req
County contra
employment and procurement policies, and
fired to have written affirmative action plans and procurement policies in order to
receive a
The foregoing presumption may be rebutted.
The requireme of County Ordinance No. 98 -34 maybe waived u
County ena that it is n the best interest of the County to do son the written r000mmendation of the
y
County Commi ioners by majority vote of the members present.
and upon approval of the Board of
Page 2 of 5 _.
02/02/2005 10:48 3056636346
Th4firm does not have annual gross revenues in excess of $5,000,000.
PAGE 10
Th firm does have annual revenues in excess of $5,000,000; however, Its Board of Directors
is presentative of the population make -up of the nation and has submitted a written, detailed
its ng of its Board of Directors, Including the race of ethnicity of each board member, to the
C nty's Department of Business Development, 175 NW 1' Avenue, 28h Floor, Miami,
171 ida 33128.
firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
mative action plan and procurement policy as described above, which includes periodic
ew to determine effectiveness, and has submitted the plan and policy to the County's
iartment of Business Development, 175 NW 1 "t Avenue, 28"' Floor, Miami, Florida 88128.
Th firm does not have an affirmative action plan and/or a procurement policy as described
ab ve, but has been granted a waiver.
N A IV. M MI -DARE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County. Code)
`I"h Individual or entity entering into a contract or receiving funding from the County
ha has not of the date of this affidavit been convicted of a felony during the past tan
0 years.
N/A
_ V. M MI-DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County_ ordinance
no 92 -15 codified as Section 2 -8.1.2 of the County Code)
X
V1.
in compliance with Ordinance No. 92 -15 of the Code of Miami -Dads County, Florida, the
3 named person or entity is providing a drug -free workplace. A written statement to each
ayee shall, inform the employee about:
1. Danger of drug abuse in the workplace
2. he firm's policy of maintaining a drug -,free environment at all workplaces
3. vailability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be imposed upon employees for drug abuse violations
person or entity shall also require an employee to sign a statement, as a condition of
loyment that the employee will abide by the terms and notify the employer of any criminal
conviction occurring no later than five (5) days after receiving notice of such conviction
impose . appropriate personnel action against the employee up to and including
ination.
Co pliance with Ordinance No. 92 -15 may be waived if the special characteristics of the
pr uct or service offered by the person or entity make it necessary for the operation of the
Co my or for the health, safety, welfare, economic benefits and well -being of the public.
Co tracts involving funding which is provided In whole or In part by the United States of the
St a of Florida shall be exempted from the provisions of this ordinance in those instances
wh re those provisions are in conflict with the'' requirements of those goV6mment'e60t1es:
MI MI -FADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142 -91
co led as Section i 1A -29 et. Seq of the County Code)
rh in compliance with ordinance No. 142 -91 of the Code of Miami-Dade County, Florida, an
3m coyer with fifty (50) or more employees working in Dade County for each working-.day ...
iu g each of twenty (20) or more calendar workweeks, shall provide ' -tho following
of mation in compliance with all items in the aforementioned ordinance: -
Page 3 or 5
02/02/2005 10:48 3056636346
PAGE 11
employee who has worked for the above firm at least one (1) year shall be entitled to
ty (90) days of family leave during any twenty-four (24) month period, for medical reasons, .
he birth or adoption of a child, or for the care of a child, spouse or other close relative who
serious health condition without risk of termination of employer retaliation.
foregoing requirements shall not pertain to contracts with the United States or any
rtment or agency thereof, or the State of Florida or any political subdivision or agency
of. It shall, however, pertain to municipalities of this State.
x . ViI. DIIABILiTY NON-DISCRIMINATION AFFIDAVIT (County Resolution 8385 -95)
�t the above names firm, corporation or organization is in compliance with the agrees to
itinue to comply with and assure that any subcontractor, or, third parry contractor under this
ject complies with all applicable requirements of the laws listed below including, but not
ted to, those provisions pertainirig to employment provisions of programs and services,
isportation, communications, access to facilities, renovations, and new construction in the
)wing laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 $$tat
1,42 U.S.C. 12101 -12213 and 47 U.S.C. Section 1612; The Fair Housing Acct as amended,
U.S.G. Section 3601 -3631, The foregoing requirements shall not pertain to contracts with
United States or any .department or agency thereof, the State or any political subdivision
►gency thereof or any municipality of this State.
X IX. C RRENT OR ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
T individual entity seeking to transact business with the County is current in all its
igations to the County and is not otherwise In default or any contract, promissory note or
of er loan documents with the County or any of its agencies or instrumentalities.
N/A
X. P OJECT FRESH START (Resolution P- 702 -98 and 358 -99)
,A firm that has a contract with the County that results in actual payment of $500,000 or
m re shall oontrlbute to Project Fresh Start, the County's Welfare to Work Initiative. However,
If ve percent (5 %) of the firm's work force consists of Individuals who reside in Miami -Dade
C my and who have lost or will loose cash assistance benefits (formerly Aid to Families with
d endent Children) as a result of the Personal Responsibility and Work Opportunity
R onciliation Act of 1996, the firm may request waiver from the requirement of. R- 702098 and
R 58-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain
to ovemment entities, not for'profit organizations or recipients of grant awards.
x Xi. D MESTIC VIOLENCE LEAVE (Resolution 185 -00; 99 -5 Codified at 11A -60 Et. Seq. of the
M mi -Dade County Cade), -
firm desiring to do business with the County is in compliance with Domestic Leave
lance, Ordinance 99 -5, codified at 11A.60 et. Seq, of the Miami -Bade County Code,
I requires an employer which has in the regular course of business fifty (50) or more
Dyses working In Miami -Dade County for each working day during each of twenty (20)" or .. _
calendar work weeks in the current ar proceeding calendar years, to provide Domestic
ice Leave to its employees.
Page 4of5
02/02/2005 10:48 3056636346
PAGE 12
I have carefully re id this entire five (5) page document entitled Miami -Dade County Affidavits and have
indicated by an "X" 11 affidavits that pertain to his contract and have indicated by an "N/A" all affidavits that do
not pertain to this c t ct.
. t I
By:
Signature of I is (Date)
SUBSCRIS D AND SWORN TO (or affirmed) before me this 2 day of
20 by He /She is personally known to me or has
presented as identification.
(Type of Identification)
(Serial Number)
MARIA M, MENENDEZ
MY CoMMl651oN # CID 291879
��{VpF i F EMPIRES! Mmld+ 14, RM
! entrb NtpfARY R F+y DAM C.
(Print of Stamp of Notary) (Expiration date)
Notary.Publ -- State of f- _ --
(State)
02/0212005 10:48 3056636346 PAGE 13
SW RN STATEMENT PURSUANT TO SECTION 287.133 (3) (�)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FOR MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY UBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS
1. This form sitement is submitted to Maria Menendez
by Silvia Jarquin
(Print individual's n$me and title)
for City of South Miami
(Print name of entity submitting swam statement)
whose bus ess address is 6130 Sunset Drive S. Miami, FL 33143
and if appli able its Federal Employer Identification Number (FEIN) is5' 9- 6000431 if the entity has
not FEIN, i clude the Social Security Number of the individual signing this sworn statement.
2. I under tand that a "public entity Grime" as defined in paragraph 287.133(i)(g), Florida Statutes,
means violation of any state or federal law by a person with respect to an directly related to
the tra, actions of business with any public entity or with an agency or political subdiviision of
any of r state or with the United States, including, but not limited to any bid or contract for
goods r services to be provided to public entity or agency or political subdivision of any other
state o of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspi cy, or material misinterpretation.
3. 1 uni tand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Elorida
Stat, means a finding of guilt or a conviction of a public entity crime, with or without an
adjuLion of guilt, in an federal or state trial court of record relating to charges brought by
indint or information after July 1, 1989, as a result of a jury verdict, non -jury trial, or entry of
a pl guilty or polo contendere.
4. 1 underhand that an "Affiliate" as defined in paragraph 287.133(1)(a), Florida .tatutes means:
1. predecessor or successor of a person convicted of a public entity crime, or
2. n entity under the control of any natural person who is active in the management of the
ntity and who has been convicted of a public entity crime. The term "affiliate" includes
hose officers , directors, executives, partners, shareholders, employees, members, and
gents who are active in the management of an affiliate. The ownership by one person
f shares constituting a controlling interest in another person, or a pooling of equipment
r income among persons when not for fair market value under an arm's length
greement, shall be a prima facie case that one person controls another person. A
erson who knowingly enters into a joint venture with a. person who has been convicted
f a public entity crime in Florida during the preceding 36 months shall be considered an
5. I unde tand that a "person" as defined in Paragraph 287.133(1)(e), Florida _ _tatutes, means
any na ral person or entity organized under the laws of any state or of the United States within
the leg I power to enter into a binding contract and which bids or applies to bid on contracts for
the
02/02/20,05, 10:48 3056636346 PAGE 14
provision goods or entity. The term "person" includes those officers, executives, partners,
shareholde ,employees, members, and agents who are active in management of an entity
6. Based on irformetion and belief, the statement which I have marked below is true in relation to the
entity subrr#ting this sworn statement. (Please indicate which statement applies)
either the entity submitting sworn statement, nor any of its officers, director, executives,
partners, s reholders, employees, members, or agents who are active in the management of the
entity, nor ny affiliate of the entity has been charged with and convicted of a public entity crime
subsequen to July 1, 1989.
e entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active, in the
managem t of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged
with and vioted of a public entity crime subsequent to July 1, 1989, AND (please indicate which
additional Cement applies.
The entity submitting this sworn statement, or one or more of .its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
managem t of the entity, nor any affiliate of the entity has been charged with and convicted of a
.public enti crime subsequent proceeding before a Hearing Officer of the State of the State of
Florida, Di sion of Administrative Hearings and the Final Order entered by the Hearing Officer
determine that it was not in the public interest to place the entity submitting this sworn statement
on the con cted vendor list. (attach a copy of the final order),
I UNDER S AND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE UBLiC ENTITY IDENTIFiED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENT" LY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE
CALENDA YEAR IN WHICH IT IS FILED. -1 ALSO. UNDERSTAND THAT I AM REQUIRED TO
INFORM T AT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF.THE
THRESHO D AMOUNT PROVIDED IN SECTION 287.0'17 FLORIDA STATUTES FOR A
CATEGO TWO OF ANY CHANGE IN THE INFORMATM CObITAihr;D IN NIS FORM.
(Signatu
Sworn to and bscribed before me this 1� day of 6( ,t0
Personally kn n ✓
Or produced i ntification Notary Public -State of
of identification)
W"Nt MARIA M. MENEI
MY COMMISSION N Em
MI I) 7e,
1- M&NOTARY FL Wky DOPA R
My commission expires
I, typed or stamped commissioned
of notary public)
02/02/2005 10:48
3056636346
PAGE 15
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
i. Do you have I
ny past due financial obligations with Miami -Dade County?
YES
NO
Single F
kmily House Loans
_
1,
ily Housing Rehab
CDBG
mmercial Loan Project
U.S. H
Other H
Section 108 Loan
ID Funded
Prams
Other (Ii
na, fines, loans,
upational licenses, etc.)
If YES, I
lease explain:
2. Do you have
ly past due financial obligations with Miami- a County? '
ES NO
If YES, I
ease explain:
3. Are you a re tine of or do you have any business or financial interests with any elected Miami -wade County official,
Miami -Dade aunty Employee, or Member of Mi ade County's Advisory Boards?
ES NO
If YES, ease explain:
Anyfalse inform on provided on this affidavit will be reason for rejection and disqualification of your project - funding request
to Mlaml -Dade nty.
The anew ,tc foregoin uestions are correctly stated to the best of my k9owledgejand belief.
By:
(Sig ture of T ) (Date)
SUBSCRIBED A D SWORN TO (or affirmed) before me this "lla. day 'of
BY t H$1She Is personally known to me or presented
as identification.
(Type of dentification)
Agll'�+AENENDEZ (Serial Number)
Y COMMISSION # Do 271879
V%w EXPIRES: MAMh 18.2008
Aff0t. Co, ..
Oration Date)
Notary Public -- S mp of Notary Seal
(State)
02/02/2005 10:48 3056636346
FORM A -12
CODE QF BUSINESS ETHICS
PAGE 16
In accord ce with Section2- 8.1(i) of the Miami -Dade County Code, each person or
entity that eeks.to do business with the County shall adopt a Code of Business Ethics
("Code ") a d shall, prior to execution of any contract between the contractor and the
County, su mit an affidavit stating that the contractor has adopted a Code that complies
with the re uirements, of Section 2 -$.1 (i) of the Miami -Dade County Code. Any person
or entity th t falls to submit the required affidavit shall be ineligible 'for contract award.
The Code € Business Ethics shall apply to all business that the contractor does with the
County an shall, at a minimum, require that the contractor:
• Co ly with all applicable governmental rules and regulations including, among
othl the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance
and he False Claims Ordinance.
•
Cor ly with all applicable rules and regulations regarding Disadvantaged
Bus ess Enterprises, Black Business Enterprises, Hispanic Business
Ent rprises and 'Women Business Enterprises (hereinafter collectively Minority
Bus less Enterprises, "MBEs") and Community Small Business Enterprises
(CS Es) and shall specifically prohibit the following practices:
Pass- through Requirements: The Code shall prohibit pass - throughs
whereby the prime fire requires that the MBE or CSBE firm accept
payments as a' MBE or CSBE and pass through those payments or a
portion of those payments to another entity including, but not limited to the
owner /operator of the prime firm;
Rental Space. Eauioment or Flat Overhegd Fee Requirements The Code
shall prohibit rental space requirements, equipment requirements, and/or
flat overhead fee requirements, whereby the prime firm requires the MBE
or CSBE finn to rent space or equipment from the prime firm or charges a
flat overhead fee for the use of space, equipment, secretary, etc;
Staffing Reguirements. The Code shall prohibit the prime firm from
mandating, as a condition to inclusion in the project, that a MBE or CSBE
hire, fire, or promote certain individuals not employed by the prime firm, or
utilize staff employed or previously employed by the prime firm.
MBE or CSBE Staff Utilization. The Code shall prohibit the prime firm
from requiring the MBE. or CSBE firm to provide more staff than is
necessary and then utilizing the .MBE or CSBE staff for other work to be
performed by the prime firm.
Fraudulently creating. oRerating or representing MBE or CSBE The Code
shall prohibit a prime firm Including, but not limited to, the
ownerstoperators thereof from fraudulently creating, operating or
representing an entity as a MBE or CSBE for purposes of qualifying for
certification as a MBE or CSBE,
The Code shall also require that on any contract where MBE or CSSE
part 1pation is purported, the contract shall specify essential terms including, but
not I ited to; a specific statement regarding the percent of participation planned
for BEs or .CSBEs, the, timing. of payments and when the work is to be
perf rmed.
02/02/2005 10:48 305663634E
PAGE 17
• The ailure of a contractor to comply with its Code of Business Ethics shall render
any ontract between the contractor and the County voidable, and subject
viol ors to debarment from future County work pursuant to Section 10- 88(h)(2)
of t Code. The Inspector General shall be authorized to investigate any alleged
viol ion by a contractor of its Code of Business Ethics.
By:
q 20
Sign re of 'ant , date
P ted Narfie and Tie of Affiant Federal Employer Identification Number
�.s
J� p
Panted Name of Firm A/
(-30_._ Sun &q/ V�-
Address of Firm
SUBSC IBED AND SWC RN TO (of affirmed) before me this I day of
He/She personally known to me or has presented - - as identlfication.
Type of Identification
r
I natu tary Serial Number
' MARIA M. MENENDEZ
r} MY COMMISSION # 00 271979
EXPIRES; March 16, 2000
1 I MARY P{, No" Discount Amor- Go,
Print (f Stamped Name of Notary
Notary blic, State o .. _ .. . _.
Expiration Date
omr�
140 W. FLAGLER STREET, SUITE 1000
MIAMI, FL 33130 -1581
January 19, 2005
Ms. Silvia Jarquin
Grants Administrator
City of South Miami
6130 Sunset Drive
South. Miami, Florida 33143
Dear Ms. Jarquin:
OFFICE OF COMM
ITY AND
ECONOMIC DE V
OPMENT
Dlmc
f
"s Office
PHONE :3375
-3848
FAX: 3375
-3428
Enclosed are six counterparts of Amendment One to the fiscal year 2004 CDBG Contri
the City of South Miami and a set of affidavits that need to be completed as part of the
process. In addition, a City of Miami resolution authorizing the city manager to execui
amendment is also required. The purpose of the amendment is to extend the contract's
completion date to December 31, 2005. Please return these documents no latter than 1
122005.
If you have any questions, please call me at (305) 375 -3472.
Sincerely,
Richard Hoberman
Contracts Officer
Enclosure
CAWINDOW V3tsktup \WORD PRO DOCUMENTSWIty -f S.M. Amend One"CDHO Lre for eignearnc•4"
Lmt med by Riehard Rahmnun 1114!05 11:57 AM
With
the
TO 39dd 9PE9699906 8T 9T 9002 /9Z /TO
02/02/2005 10:48 3056636346
} ,
cry c,8
RESOLUTION NO. 2-04-11781
PAGE 02
A "SOL ON OF THE MAYOR AND CITY COMMISSION OF THE CI"T"Y OF SOUTH MIAMI,
FLORIDA, OR.IZING THE CITY MANAGER TO EXECUTE A, GRAN' AGREEMENT WITH
MIAMI -D COUNTY FOR THE CHURCH STREET IMPROVEMENTS - PHASE TI GRANT AWARD
OF $95,000 OUGrH THE OFFICE OF COMMCiNITX & ECONOMIC DEVELOPMENT; PROVIDING
AN EFFE DATE.
AS, the Mayor and City Commission wish to accept FY 2004 grant funds. from Miami -Dade
County OfIRE mmunity & Economic Development and;
AS, the grant will partially fund the Church Street .Improvements Phase 11, and;
AS, the Mayor and City Commission authorize the City Manager to execute the, grant
contract fo04 Community Development Block Grant (CDBG) with Miami -Dade County Office of
Communitomic Development.
NOW THE E, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH M LORIDA,'
Section 1: The city wishes to accept the 1~Y 2004 CDBG from Miami Dade County Office of
Community & conomic Development.
Seplion 2. That the Mayor and City Commission authorize the City Manager to execute the FY
2004 grant co act with Miami -Dade County Office of Community Development.
Section 3: This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 6th clay of January , 2004.
APPROVED: ATTEST:
ity Clerk ®race G. F li , May
READ I) AS TO FORM: Commission Vote: 4 -0
Mayor Feliu: yea
Vice Mayor Russell: out' of room
Commissioner Bethel: Yea., .1
ITY Y Commissioner Wiscombe: Yea
Commissioner McCrea.: yea
I
LMM
MIAMI-
COMMUNITY DADE
AND ECONOMIC DEVELOPMENT
140 W. FLAGLER STREET, SUITE 1000
MIAMI, FL 33130 -1561
April 6, 2004
Ms. Silvia Jarquin
Grants Administrator
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Dear Ms. Jarquin:
Re:. FY 2004 CDBG Contract - $95,000
.;FFICE OF COMMUNITY AND
ECONOMIC DEVELOPMENT
Director's Office
PHONE: 305- 375 -3431
FAX: 305 - 375 -3428
kfinnie @miamidade.gov
www.co.miami- dade.fl.us /ced/
I am pleased to enclose a fully executed counterpart of the FY 2004 CDBG contract with your
organization. As a reminder, progress reports are due ten days after the end of each quarterly
period. Failure to submit these reports on a timely basis will adversely affect your ranking in
next year's funding process.
I look forward to working with you on this project. If you have any questions or concerns, please
call me at (305) 375 -3472.
Sincerely,
Richard Hoberman
Contracts Officer
Enclosure
C:IWINDOWS\Desktop \WORD PRO DOCUMENTS\CITY IF SOUTH MIAMI FY04 CDBG Final Contract Ltr.doc
Last saved by Richard Hoberman 4/6/04 2:50 PM
CDBG FY 2004
Non - Profit
FY 2004 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
City of South Miami
This contract is entered into between Miami -Dade County, hereinafter referred to as the "County"
and City of South Miami, a Florida nonprofit organization, hereinafter referred to as the
"Contractor ".
The parties agree:
I. 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
Community Development A local agency that is organized to meet community
Corporation development needs with particular emphasis on the
economic development, housing and revitalization
needs of low -and moderate- income area residents and
which is receptive to the needs expressed by the
community.
Low- and Moderate- Income A member of low -and moderate - income family i.e., a
Person 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 of the Contractor or any
subcontractor in carrying out the duties and
obligations required by the terms of this contract,
including but not limited to financial books and
records, ledgers, drawings, maps, pamphlets, designs,
electronic tapes, computer drives and diskettes or
surveys.
Federal Award Any federal funds received by the Contractor from any
source during the period of time in which the
Contractor is performing the obligations set forth in
this contract.
Subrecipient
Contractor
A public agency or nonprofit organization selected by
the County to administer all or a portion of the
County's CDBG program.
Recipient of CDBG funds from Miami Dade County
1
11. The Contractor Agret_ .
A. The Contractor shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Dade.
B. Idemnification and Insurance Requirements
The Contractor shall comply with the idemnification and insurance requirements
outlined in Attachment 8-1 of this agreement. All certificates and insurance
updates must identify the names of the Contractor and the activity being funded
through this agreement.
CONTRACTOR LIABILITY OBLIGATION
Compliance with the requirements in Attachment B -1 shall not relieve the
Contractor of his liability and obligation under this. subsection or under any
subsection of this contract. The contract is contingent upon receipt of the
insurance documents within fifteen (15) calendar days after the Board of County
Commissioners' approval. If the Insurance Certificate is received within the
specified period, but not in the manner prescribed in these requirements, the
Contractor shall be verbally notified of the deficiency and shall have an additional
five (5) calendar days to submit a corrected certificate to the County.
If the Contractor fails to submit the required insurance documents in the manner
prescribed in these requirements within twenty (20) calendar days after the Board
of County Commissioners' approval, the Contractor shall be in default of the terms
and conditions of the contract.
CERTIFICATE OF CONTINUITY
The Contractor shall be responsible for ensuring that the insurance certificates
required in conjunction with this subsection remain in force for the duration of the
contract period, including any and all option years, if applicable. If the insurance
certificates are scheduled to expire during the contract period, the Contractor shall
be responsible for submitting new or renewed insurance certificates to the County
at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed
certificates that cover the contract period, the County shall suspend the contract
until the new or renewed certificates are received by the County in the manner
prescribed in the requirements; provided, however, that this suspended period
does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30)
calendar days, the County may, at its sole discretion, terminate the contract for
cause.
Prior to execution of the contract by the County and commencement of the
contracted services, the Contractor shall obtain all insurance required under this
Section and submit same to the County for approval. All insurance shall be
maintained throughout the term of the contract.
C. Indemnification
The Contractors 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. The Contractor shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits or actions of any kind
2
or nature in __ie name- of the County, where app:. 1ble, including appellate
proceedings, and shall pay all costs, judgments; and attorney's fees which may
issue thereon. The Contractor expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by the
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.
D. Documents
The Contractor 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. Certificates of Insurance - original to be received by OCED within the
first month of this contract period and prior to payments made by the
County and as they are renewed throughout this contract period.
2. Progress Reports
a. The Contractor shall submit a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by
OCED, which shall describe the progress made by the Contractor in
achieving each of the objectives and action steps identified in
Attachment A, "Scope of Services."
The Contractor shall ensure that OCED receives each report in
triplicate (or as indicated) no later than April 12, 2004, July 12, 2004,
October 12, 2004 and January 12, 2005.
a F_' r Quarterly Reporting when Subcontractors are Utilized
Contractors 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 Contractors 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 contractor directly to Black, Hispanic and Women -Owned
businesses performing part of the contract work.
Additionally, the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt of
such monies. for purposes of applicability, the requirements of
this resolution shall be in addition to any other reporting
requirements required by law, ordinance or administrative order.
The Contractor shall submit to OCED a cumulative account of its
activities under this agreement by completing the following
portions of the Progress Report Forme
Section I - Status of Contracted Activities:
The Contractor must report specific information regarding the
status of the contracted activities, including accomplishments
and /or delays encountered during the implementation of the project
and an unduplicated count of clients served during the reporting
period (if applicable) for each federally defined ethnic category.
Contractors engaged in construction and /or housing rehabilitation
projects shall report on the progress of their activities including the
3
.lumber of housing units completed ant. iccupied by low- moderate
and low income residents. The Contractor shall also report
demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope
of Services, must be addressed as part of this report.
Section II - Fiscal Information:
The Contractor must report expenditure information based on
approved budgeted line items to reflect all costs incurred during the
reporting period. In addition, the Contractor shall report on Program
Income Usage for each contracted activity.
Section III - Minority Business Enterprise:
Minority Business Enterprise Report (First and Third Quarter
Progress Report) - The Contractor shall report to OCED the number
of business activities involving minority vendors, including
subcontractors performing work under this Agreement. The
"Minority Business Enterprise Report" Section in Attachment C, and
when applicable Section 3 in the same Attachment shall be
completed semiannually by the Contractor and submitted to OCED
no later than April 12, 2004 and October 12, 2004.
Section IV - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) - The Contractor shall report to OCED the
number of target and service area residents who have received
employment opportunities from federally financed and assisted
projects and activities.
The Neighborhood Employment Opportunities Report shall be
submitted using the Progress Report Form attached hereto as a
Section in Attachment C, as it may be revised. This section of the
form shall be completed semiannually by the Contractor and
submitted to OCED no later than April 12, 2004 and October 12,
2004..
The Contractor 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 Contractor in noncompliance with this Article. The
County may require the Contractor to forfeit its claim to payment
requests or the County may invoke the termination provision in this
Contract by giving five days written notice of such action to be
taken.
C. Unspecified Site(s) Objective - If the Contractor has not yet
identified a location to carry out any of the activities described in
Attachment A, the Contractor shall submit, in triplicate, Progress
Reports, using the form attached hereto as part of Attachment C, on
a monthly basis until such time as the Contractor complies with the
provisions contained within Section 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
Contractor during the previous month. This Progress Report shall
4
.,ot be required if the Contractor is subs,__ ling the Progress Reports
required by Section II, Paragraph D.2.a and Paragraph D.3.
3. Annual Report (Fourth Quarter Progress Report) -The Contractor shall
submit a cumulative status report (hereinafter referred to as "Annual
Report") using the "Progress Report" specified in Section Il, Paragraph
D.2.a. above, which shall describe the progress made by the Contractor in
achieving each of the objectives identified in Attachment A during the
previous year. The "Annual Report" must cover the CDBG fiscal year of
January 1, 2004 through December 31, 2004 and shall be received by OCED
no later than January 12, 2005..
4. Environmental Review - The Contractor immediately upon locating- or
determining a site for each of the "Unspecified Site" activities to be carried
out pursuant to this contract, shall submit information detailing the location
of each site for which a Site Environmental Conditions Statement, will be
prepared as described in Article II, Section E.5. of this contract as set forth
below. The Environmental Review is to be prepared on information
contained in Attachment D, "Information for Environmental Review Form."
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 fthe participating jurisdiction, insular area or state recipientl of a
release of funds from the U.S. Department of iiousingand Urban
Development for the State of .... I under 24 CFR Part 58. The parties further
agree that the provision of any funds to the project is conditioned on the
[participating jurisdiction, insular area or state recipients'sl determination
to proceed with, modify or cancel the project based on the results of a
subsequent environmental review.
5. Audit Report ' - The Contractor shall submit to OCED an annual audit report
in triplicate s required by Section II, Paragraph K of this contract, as set
forth below.
6. Personnel Policies and Administrative Procedures The Contractor shall
submit detailed documents describing the Contractor's internal corporate
or organizational structure, property management and procurement
policies and procedures, personnel management, accounting policies and
procedures, etc. Such information shall be submitted to OCED within 30
days of the execution of this contract.
7. Inventory Report - The Contractor 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
T of this contract.
8. Affirmative Action Plan - The Contractor shall. report to OCED information
relative to the equality of employment opportunities whenever so requested
by OCED.
5
E. Participation the CDBG Program
1. The Contractor shall maintain current documentation that its activities meet
one of the three (3) CDBG national objectives:
a. To benefit low -and moderate - income persons;
b. 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 Contractor 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 Contractor 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. If the Contractor is a
primarily religious entity, it shall comply with all provisions of 24 CFR
570.2000).
4. The Contractor 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
570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the
Residential 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 Contractor 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 Contractor 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 Contractor shall obtain,
immediately after a site is identified by the Contractor, OCED's written
environmental clearance statement and shall agree in writing to comply
with any and all requirements as may be set forth in the Site Environmental
Clearance Statement.
6. The Contractor shall cooperate with OCED in informing the appropriate
CDBG citizen participation structures, including the appropriate area
committees, of the activities of the Contractor in adhering to the provisions
of this contract. Representatives of the Contractor shall attend meetings of
the appropriate committees and citizen participation structures, upon the
request of the citizen participation officers, OCED, or the County.
7. The Contractor shall snake a good faith effort to address the concerns of
the residents of the affected area. The Contractor shall cooperate with
OCED in informing the appropriate CDBG citizen participation structures,
including the appropriate area committees, of the activities of the
Contractor in adhering to the provisions of this contract. Representatives
-of the Contractor shall attend meetings of the appropriate committees and
citizen participation structures, upon the request of the citizen participation
officers, OCED, or the County.
0
8. For acuvities involving acquisition, rehabilitation and /or demolition of
property and which require the relocation of families, individuals,
businesses and /or industries, the Contractor shall submit a written
notification to the Urban Development Division of OCED prior to relocating,
evacuating, and /or dispersing any and all legal occupants who reside at
this property on the basis of a long or short term lease. When the legality
of an occupant (individual, family, business, and /or industry) is in question,
the Contractor shall contact the above mentioned unit prior to making a
determination. Contractors receiving CDBG funds shall adhere to 24 CFR
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 Contractor 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 Contractor 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
Contractor shall submit to OCED its Affirmative Marketing Plan no later
than 60 days from the date this Agreement is executed.
F. Lobbying Prohibition
1. The Contractor shall certify that no federal appropriated funds have been
paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any federal
Agreement, the making of any federal grant, the making of any federal loan,
the entering into of any cooperative Agreement, and the extension,
continuation, renewal, amendment, or modification of any federal
Agreement, grant, loan, or cooperative Agreement.
2. The Contractor shall disclose to OCED if any funds other than federal
appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal Agreement, grant,
loan, or cooperative Agreement, on a Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
3. The Contractor shall ensure that the language in this Section II, Paragraph
F.I. and F.2 be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and Agreements under grants,
loans, and cooperative Agreements) and to ensure that all subrecipients
shall certify and disclose accordingly in connection with this activity.
G. Federal, State, and County Laws and Regulations
1. The Contractor shall comply with applicable provisions of applicable
federal, state, and County laws, regulations, and rules including OMB
A -122, OMB A -110, OMB A -21, OMB A -133, and with the applicable
procedures specified in OCED's Contract Compliance Manual, which are
incorporated herein by reference, receipt of which is hereby acknowledged,
and as they may be revised.
2. The Contractor shall comply with Section 504 of the Rehabilitation Act of
1973, as amended, which prohibits discrimination on the basis of handicap;
Title VI of the Civil Rights Act of 1964, as amended, which prohibits
7
discrin....ation on the basis of race, color, c.. 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, amended 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 Contractor pursuant to the terms of this
contract is in excess of $100,000, the Contractor shall comply with all
applicable standards, orders, or regulations, issued pursuant to Section
306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal
Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of
the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency
regulations (40 CFR Part 15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The
Contractor shall report its compliance with Section 504 of the Rehabilitation
Act whenever so requested by OCED.
5. Americans with Disabilities Act (ADA) of 1990 - The Contractor shall attest
to; and submit the required Disability Non - discrimination Affidavit assuring
compliance with all applicable requirements of the laws listed below
including but not 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 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 bk-:er /respondent which does not providL. _n 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 County, 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, prior to execution of anv contract between the contractor and the
County, submit an affidavit stating that the contractor has adopted a Code
that complies with the requirements of Section 2- 8.1(1) of the Miami -Dade
County Code (Form A -12). Any person or entity that fails to submit the
required affidavit shall be ineligible for contract award.
Public Entity Crimes: Pursuant to Section 287.133(2)(a) of the 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
contract to provide any goods or services to a public entity, may not submit
a contract with a public entity for the construction or repair of a public
building or public work, may not submit leases of real property to a public
entity, may not be awarded or perform work as a contractor, 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 of the Florida Statutes, for CATEGORY
TWO ($10,000) for period of 36 months from the date of being placed on
the convicted vendor list.
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
9
Obligat, _ _ is 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 II, Public Services; Title III, Public
Accommodations and Services Operated by Private Entities; Title IV,
Telecommunications; and Title V, Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631.
H. 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.
I. Board of Directors
If the Contractor is a Community Development Corporation (CDC), OCED shall
have the option to appoint a representative to the Contractor's board of directors.
This representative shall not be considered in the counting of a quorum and shall
have no voting privileges.
J. Construction
If the Contractor engages in, procures, or makes loans for construction work, the
Contractor shall:
1. Contact the OCED representative noted in Section IV, Paragraph K of this
contract, prior to taking any action, to schedule a meeting to receive
compliance information.
2. Comply with the Contractor's procurement and pre -award requirements and
procedures which, at a minimum, shall adhere to all applicable federal
standards.
3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract
,Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning
Prevention Act as amended on September 15,1999; and other related acts,
as applicable.
4. Submit to OCED for written 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.
10
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.
K. Audits and Records
1. Nonprofit organizations that expend $300,000 or more annually in federal
awards shall have a single or program specific audit conducted in
accordance with OMB A -133. Nonprofit organizations 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.
Contractors 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. Nonprofit organizations that expend 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 agencies 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 Contractor elects
to comply with OMB A -133, an audit shall be conducted for each fiscal year
for which federal awards attributable to this contract have been received by
the Contractor. Each audit shall include a fiscal review, which includes a
validation of all program generated income and its disposition, especially
attributable to CDBG funds, an internal control review, and a compliance
review as described in OMB A -133. A copy of the audit report in triplicate
must be received by OCED no later than six months following the end of
the Contractor's fiscal year.
4. If an audit is required by Paragraph K of this contract, but the requirements
of OMB A -133 do not apply or are not elected, the Contractor may choose
'to have an audit performed either on the basis of the Contractor's fiscal
year or on the basis of the period during which OCED- federal assistance
has been received. In either case, each audit shall cover a time period of
not more than twelve (12) months and an audit shall be submitted covering
each assisted period until all the assistance received from this contract has
been reported on. Each audit shall adhere to all other audit standards of
OMB A -133, as these may be limited to cover only those services
undertaken pursuant to the terms of this contract. A copy of the audit
report in triplicate must be received by OCED no later than six months
following each audit period.
5. The Contractor shall maintain all Contract Records in accordance with
generally accepted accounting principles, procedures, and practices which
shall sufficiently and properly reflect all revenues and expenditures of
funds provided directly or indirectly by the County pursuant to the terms of
this contract.
11
6. The G_.,tractor shall maintain all Contract K_ ords that document all
actions undertaken to accomplish the "Scope of Services" outlined in
Attachment A in this contract.
7. The Contractor 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.
8. The Contractor 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.
9. The County reserves the right to require the Contractor to submit to an
audit by Audit and Management Services or other auditor of the County's
choosing at the Contractor's expense. The Contractor 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 Contractor shall
retain all records pertaining to this Agreement and upon request make them
available to the County for three years following expiration of the
Agreement. The Contractor 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.
10. The Contractor 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.
L. Retention of Records
1. The Contractor 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 Contractor 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 L.1.c., the Contractor must retain all
contract records except those relating to real and nonexpendable
personal property.
d. For all CDBG assisted activities, the Retention Period for all
contract records relating to real and nonexpendable personal
12
vroperty shall begin upon the date of t_, final disposition of the
property.
2. If the County or the Contractor have received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of
the services provided pursuant to the terms of this contract, the Retention
Period shall be extended until such time as the threatened or pending
litigation, claim or audit is, in the sole and absolute discretion of OCED,
fully, completely and finally resolved.
3. The Contractor shall allow the County, federal personnel, or any person
authorized by the County full access to and the right to examine any of the
contract records during the required Retention Period.
4. The Contractor shall notify OCED in writing, both during the pendency of
this contract and after its expiration as part of the final closeout procedure,
of the address where all contract records will be retained.
5. The Contractor shall obtain written approval of OCED prior to disposing of
any contract records within one year after expiration of the Retention
Period.
M. Provision of Records
1. The Contractor 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 Contractor receives funds from, or is under regulatory control of,
other governmental agencies, and those agencies issue monitoring reports,
regulatory examinations, or other similar reports, the Contractor 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 rules or policies 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
Contractor. The audit cost shall also be included in all change orders and
all contract renewals and extensions.
Exception: 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
13
servic,. . greements under $1,000; (k) manage, nt agreements; (I)- 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 (9/4) of one percent in any exempted contract at
the time of award.
N. Prior Approval
The Contractor shall obtain written approval from OCED prior to undertaking any of
the following:
1. The engagement or execution of any subcontract(s) or contract
assignments, wherein CDBG funds will be used to pay for goods or
services. The contractor must submit all proposed agreement documents
to OCED at least thirty (30) days prior to the start date of the agreement.
2. The addition of any positions not specifically listed in the approved
budget.
3. The modification or addition of all job descriptions.
4. The purchase of all nonexpendable personal property not specifically listed
in the approved budget.
5. The disposition of all real, expendable personal, and nonexpendable
personal properly as defined in Section II, Paragraph T.I. of this contract.
6. 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 J of this
contract.
The disposal of all contract records as provided for in Section II, Paragraph
L of this contract.
O. Monitoring
The Contractor shall permit OCED and other persons duly authorized by OCED to
inspect all contract records, facilities, equipment, materials, and services of the
Contractor which are in any way connected to the activities undertaken pursuant to
the terms of this contract, and /or to interview any clients, employees,
subcontractors, or assignees of the Contractor. Following such inspection or
interviews, OCED will deliver to the Contractor a report of its findings, and the
Contractor 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 Contractor's justification is acceptable or if the
Contractor must, despite the justification, rectify the deficiencies cited by OCED in
its report.
P. Conflict of Interest
The Contractor 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
14
financial interG-.,, direct or indirect, which would conflik_ in any manner or degree
with the performance, of services requried under this Agreement. The Contractor
further covenants that in the performance of this Agreement no person having
such a financial interest shall be employed or retained by the Contractor
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 Contractor shall disclose any possible conflicts of interest or apparent
improprieties of any party that are covered by the above standards. The Contractor
shall make such disclosure in writing to OCED immediately upon the Contractor's
discovery of such possible conflict. OCED will then render an opinion which shall
be binding on all parties.
Q. Related Parties
The Contractor shall report to OCED the name, purpose, and any other relevant
information in connection with any related party transaction. This includes, but is
not limited to, a for - profit or nonprofit subsidiary or affiliate organization, an
organization with overlapping boards of directors, and an organization for which
the Contractor is responsible for appointing memberships. The Contractor shall
report this information to OCED upon forming the relationship or if already formed,
shall report it immediately. Any supplemental information shall be reported
quarterly in the required. Progress Report.
R. Publicity, Advertisements and Signage
1. The Contractor shall ensure that all publicity, public relations,
advertisements and signs, recognizes the Miami -Dade Office of Community
and Economic Development (OCED) and the 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 Contractor 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
Contractor 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 Contractor 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.
S. Procurement
The Contractor must take affirmative steps to procure supplies, equipment,
construction, or services to fulfill this contract from minority and women's
15
businesses, ak.- to provide these sources the maximu..1 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 Contractor shall assure that all subcontracts or third party agreements contain
provisions with stated goals, that low- income residents from Community
Development Target and Service Areas be provided with opportunities for
employment and training in contracted activities.
1. In conformance with Section 3 of the Housing and Community Development Act
of 1968, the Contractor must direct federal financing assistance towards Target
Area residents and ensure that employment and economic opportunities be given
to low and very low- income persons, particularly those who are recipients of
government assistance for housing according to the guidelines mentioned below:
A. 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.
B. 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.
C. The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement
or other understanding, if any, a notice advising the labor organization or
workers' representative of the contractor's commitments under this section
3 clause, and will post copies of the notice in conspicuous places at the
work site where both employees and applicants for training and
employment positions can see the notice. The notice shall describe the
section 3 preference, shall set forth minimum number and job titles subject
to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work
shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract
subject to compliance with regulations 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
contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found
in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but
before the contract is executed, and (2) with persons other than those to
whom the regulations of 24 CFR part 135 require employment opportunities
to be directed, were not filled to circumvent the contractor's obligations
under 24 CFR part 135.
16
F. Nonco..,jliance with HUD's regulations in 24 L. A part 135 may result in
sanctions, termination of this contract for default, and debarment or
suspension from future HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered
Indian housing assistance, section 7(b) of the Indian Self- Determination
and Education Assistance Act (25 U.S.C. 450e) also applies to the work to
be performed under this contract. Section 'r(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).
H. Fair Subcontracting Policies (Ordinance 97 -35)
All Contractors on County contracts in which subcontractors may be used
shall be subject to and comply with Ordinance 97 -35 as amended, requiring
Contractors 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;
d) allows local subcontractors to meet with appropriate personnel of the
Contractor to discuss the Contractor's requirements; and
e) awards subcontracts based on full and complete consideration of all
submitted proposals and in accordance with the Contractor's stated
objectives.
All Contractors 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). Contractors 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 tern "subcontractor" means a business independent of a Contractor
that may agree with the Contractor to perform a portion of a contract.
The term "subcontract" means an agreement between a Contractor and a
subcontractor to perform a portion of a contract between the Contractor
and the County.
T. Property
1 Definitions
a. Real Property:
appurtenances
equipment.
Land, land improvements, structures, fixtures and
thereto, excluding movable machinery and
17
b. . orsonal Property: Personal property 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 $750 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 Contractor shall comply with the real property requirements as stated
below:
a. Any real property under the Contractor's control that was acquired
or improved in whole 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
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 contract or such longer
period as determined by OCED -then the Contractor 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 T.2.a.1., above.
b. Any real property under the Contractor'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 Contractor
after being purchased in whole or in part with funds from OCED,
shall be listed in the property records of the Contractor and shall
include a legal description; size; date of acquisition; value at time of
acquisition; present market value; present condition; address or
location; owner's name if different from the Contractor; information
on the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent
streets and roads. The property records shall describe the
programmatic purpose for which the property was acquired and
identify the CDBG national objective that will be met. If the property
was improved, the records shall describe the programmatic
W
F.arpose for which the improvements w—e made and identify the
CDBG national objective that will be met.
d. All real property shall be inventoried annually by the Contractor and
an inventory report shall be submitted to OCED. This report shall
include the elements listed in Paragraph T.2.c., above.
The Contractor 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 Contractor and shall include a
description of the property; location; model number; manufacturer's
serial number; date of acquisition; funding source; unit cost at the
time of acquisition; present market value; property inventory
number; information on its condition; and information on transfer,
replacement, or disposition of the property.
b. All nonexpendable personal property purchased in whole or in part
with funds from this and previous contracts with OCED shall be
inventoried annually by the Contractor and an inventory report shall
be submitted to OCED. The inventory report shall include the
elements listed in Paragraph T.3.a., above.
C. Title (ownership) to all nonexpendabie personal property purchased
in whole or in part with funds given to the Contractor pursuant to
the terms of this contract shall vest in the County and OCED.
4. The Contractor shall obtain 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 Contractor or subcontractor pursuant to the terms of this
contract. The Contractor shall dispose of all such property in accordance
with instructions from OCED. Those instructions may require the return of
all such property to OCED.
U. Program Income
1. Program income as defined in 24 CFR Part 570.500 means gross income
received by the Contractor 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 Contractor generates program income, the Contractor may retain the
program income 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
Contractor 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 Contractor shall comply with the program income provisions in
OCED's Contract Compliance Manual. If any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions of this contract, the provisions of this
contract shall rule.
19
b. , ae Contractor shall report to OCED all cumulative program income
generated from activities financed in whole or in part by funds from
this contract. This information must be submitted quarterly as part
of the Fiscal Section of the Contractor's Progress Report as
outlined in Section II, Paragraph D.2.a.
C. The Contractor 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 Contractor 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 Contractor
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, ioan- related
.programmatic costs, and operational costs for the same revolving
loan activity before the Contractor 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 II,
Paragraph T.4., above, shall be considered program income.
j. The Contractor shall obtain, as part of the required audit report,
validation by a certified auditor of all program generated income
and its disposition.
3. Upon expiration or termination of this contract or at the end of any program
year, the Contractor shall transfer to the County any program income funds
on hand, and any program income accounts receivable to any CDBG
funded activities. OCED may require remittance of all or part of any
program income balances (including investments thereof) held by the
Contractor (except those needed for immediate cash needs, cash balances
of revolving loan fund, cash balances from a lump sum drawdown, or cash
or investments held for Section 108 security needs).
4. OCED, in its sole and absolute discretion, reserves the right to pursue
other courses of action in the retention and use of program income
generated by the Contractor, and such action shall not require an
amendment to this contract.
V. Travel
The Contractor shall comply with the County's travel policies. Documentation of
travel expenses shall conform to the requirements of OCED's Contract Compliance
Manual
20
W. Subcontracts and Assignments
1. Unless otherwise specified in this contract, the Contractor 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 Contractor 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
Contractor shall ensure that all subcontracts and assignments:
a. Comply with all requirements and regulations specified in OCED's
Contract Compliance Manual
b. identify the full, correct, and legal name of the party;
C. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price
component;
e. Incorporate a provision requiring compliance with all applicable
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;
Result from an open competitive bid process generating a minimum
of three bids. Such competitive process shall be described in
writing, approved by the Board of Directors and a copy of which
submitted to OCED. In such circumstances that open, competitive
bids are not feasible or that a minimum of three bids are
unobtainable, permission to use other methods of award must be
requested in writing and approved by OCED prior to the assignment
or award of subcontract. The Contractor agrees that no assignment
or sub - contract will be made or let in connection with the
Agreement without the prior written approval of OCED, which
approval shall not be unreasonably withheld, and that all such sub-
contractors or assignees shall be governed by the terms and `
intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding
Lobbying."
2. The Contractor shall incorporate in all consultant subcontracts this
additional provision:
The Contractor 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 Contractor. The Consultant assumes
full responsibility for the provision of all insurance and fringe benefits for
himself or herself and employees retained by the Consultant in carrying out
the Scope of Services provided in this subcontract.
21
The C ractor shall be responsible for m toring the contractual
performance of all subcontracts and their progress toward meeting the
approved goals and objectives indicated in the attached Scope of Services.
4. The Contractor shall receive from OCED written prior approval for any
subcontract 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 to the subcontractor.
5. The Contractor shall receive written approval from OCED prior to either
assigning or transferring any obligations or responsibility set forth in this
contract or the right to receive benefits or payments resulting from this
contract.
6. Approval by OCED of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by
OCED in excess of the total dollar amount agreed upon in 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 Contractor
shall provide the names of the subcontractors and suppliers to OCED.
The Contractor agrees that it will not change or substitute subcontractors
or suppliers from the list without prior written approval from OCED.
X. Additional Funding
The Contractor 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 Contractor's notification by the funding
source.
Y. Method of Payment
The Contractor shall be paid as described below:
1. The Contractor shall be paid for those expenses allowed pursuant to the
provisions provided below only when the Contractor submits to OCED
adequate proof, as determined by OCED in its sole discretion, that the
Contractor has incurred the expenditures. It shall be presumed that the
Contractor has provided adequate proof of having incurred expenses if the
Contractor submits to OCED canceled checks or original invoices approved
by the Contractor's authorized representative. When original documents
cannot be presented, the Contractor must adequately justify their absence
in writing and furnish copies of those documents to OCED. The Contractor
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 (reimbursement) shall be assembled by calendar
month and submitted to OCED no less frequently than monthly.
Expenditures incurred by the Contractor must be submitted to OCED for
payment within 30 days after the month in which the expenditures were
incurred. Failure to comply will result in rejection of invoices.
3. in no event shalt the County provide advance CDBG funding to the
Contractor or to any subcontractor hereunder, nor shall the Contractor
advance CDBG funds to any party.
ON
4. Any pa, ant due under the terms of this contra, iay be withheld pending
the receipt and approval by OCED of all reports and documents which the
Contractor is required to submit to OCED pursuant to the terms of this
contract or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that
accompanies the action step chart in the scopes of service and payment is
contingent on the achievement by the Contractor of the quarterly
accomplishment levels identified in the scope of services portion of this
agreement — Attachment "A." The Director or his designee has the authority
to waive this requirement at his discretion.
6. No payment(s) 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 Contractor no more than thirty (30) calendar
days after the expiration or termination of this contract. If the Contractor
fails to comply with this requirement, the Contractor will forfeit all rights to
payment(s) if OCED, in its sole discretion, so chooses.
7. All monies paid to the Contractor which have not been used to retire
outstanding obligations of this contract must be refunded to 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, shall be recaptured
in full by the County.
Z. Reversion of Assets
The Contractor shall return to OCED, upon the assets owned or held as a result of
this contract, including, but not limited to any funds on hand, any accounts
expiration or termination of this contract, all receivable attributable to these funds,
mortgages, notes, and other collateral and any overpayments due to unearned
funds or costs disallowed pursuant to the terms of this contract that were
disbursed to the Contractor by the County. The Contractor shall within thirty days
of expiration or termination of this contract execute any and all documents as
required by the County to effectuate the reversion of assets. Any funds not earned,
as described and provided for in OMB A -122, by the Contractor prior to the
expiration or termination of this contract shall be retained by OCED.
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 95000.
IV. The Contractor and OCED Agree:
A. Effective Date
1. This contract shall begin on January 1. 2004. Any costs incurred by the
Contractor prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 2004. Any costs incurred by the
Contractor beyond this date will not be reimbursed by the County. The
term of this agreement and the provisions herein shall be extended to cover
any additonal time period during which the Contractor remains in control of
the CDBG funds or other asserts, including program income to support
CDBG eligible activites.
23
91
C.
3. This c, ract may, at the sole and absolute di, etion of the County and
OCED, remain in effect during any period that the Contractor has control
over contract funds, including program income. However, the County shall
have no obligation or responsibility to make any payment, except those
described within Section 11, Paragraph Y, or provide any type of assistance
or support to the Contractor if this contract has expired or been terminated.
Suspension
1. OCED may, for reasonable causes, temporarily suspend the Contractor's
operations and authority to obligate funds under this contract or withhold
payments to the Contractor pending necessary corrective action by the
Contractor or both. Reasonable cause shall be determined by OCED, in its
sole and absolute discretion, and may include:
a. Ineffective or improper use of these contract funds by the
Contractor or any of its subcontractors;
b. Failure by the Contractor to materially comply with any term or
provision of this contract;
C. Failure by the Contractor to submit any documents required by this
contract; or
d. The Contractor's submittal of incorrect or incomplete reports or
other required documents.
2. In the event of a default by the Contractor, OCED may at any time suspend
the Contractor's authority to obligate funds, withhold payments or both.
These actions may apply to only part or all of the activities funded by this
contract.
OCED will notify the Contractor of the type of action to be taken in writing
by certified mail, return receipt requested, or in person with proof of
delivery. The notification will include the reason(s) for such action, the
conditions of the action, and the necessary corrective action(s). OCED will
give the Contractor reasonable opportunity to rectify any action or inaction
referenced above.
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 Contractor shall not
incur any additional costs under this contract. OCED shall be liable only
for reasonable costs incurred by the Contractor prior to notice of
termination. OCED shall be the sole judge of "reasonable costs."
24
3. Termir, )n 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 Contractor. Said notice shall be delivered by certified
mail, return receipt requested, or in person with proof of delivery. OCED
shall be the final authority to determine 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
Contractor through Board of County Commissioners' action, the Contractor
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 Contractor is not
making sufficient progress thereby endangering ultimate contract
performance, or is not materially complying with any term or provision of
this contract.
Unless the Contractor's breach is waived by OCED in writing, OCED may,
by written notice to the Contractor, 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- 8.4.1, any
individual or corporation or other entity that attempts to meet its
contractual obligations with the County through fraud, misrepresentation
or material misstatement,' shall have its contract with the County
terminated, whenever practicable, as determined by the County. The
County may terminate or cancel any other contracts which such individual
or other subcontracted entity 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 it
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 Contractor 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
25
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 determines, in its sole and absolute discretion,
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 in budget allocations.
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 Contractor 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.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Contractor be rescinded
by action from the Board of County Commissioners, written notification via
certified mail to the Contractor advising of the funding reduction shall be
sent by OCED no later than 5 working days of the action; written
notification will constitute a contract amendment. The Contractor will have
five working days upon receipt of certified return receipt notification to
submit a revised 'budget reflecting funding adjustments. Should the
modified budget not be received within the specified time, OCED will revise
the budget at its discretion. OCED in its sole and absolute discretion will
determine whether substantial reductions will necessitate revision and
resubmittal of the Scope of Service (Attachment A). Revisions to the Scope
of Services, when required, will be negotiated to the mutual satisfaction of
both parties.
3. Revisions to the CDBG eligibility activity titles under which this contract's
objectives are classified as noted in the Scope of Services shall not require
a contract amendment.
G. Disputes
In the event an unresolved dispute exists between the Contractor and OCED, OCED
shall refer the questions, including the views of all interested parties and the
recommendation of OCED, to the County Manager for determination. The County
Manager, or an authorized representative, will issue a determination within thirty
(30) calendar days of receipt and so advise OCED and the Contractor, or in the
event additional time is necessary, OCED will notify the Contractor within the thirty
(30) day period that additional time is necessary. The Contractor agrees that the
County Manager's determination shall be final and binding on all parties.
H. Headings
26
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 Contractor may submit its
contracts to the County Manager for bidding and award in accordance with County
policies and procedures.
Proceedings
This contract shall be construed in accordance with the laws of the State of Florida
and any proceedings arising between the parties, in any manner pertaining or
relating to this contract, shall, to the extent permitted by law, be held in Miami -
Dade County, Florida.
K. Independent Private Sector Inspector General Reviews
Pursuant to Miami -Dade County Administrative Order 3 -20, the Contractor is aware
that the County has the right to retain the services of an Independent Private
Sector Inspector General (hereinafter "IPSIG "), whenever the County deems it
appropriate to do so. Upon written notice from the County, the Contractor shall
make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the payment of these IPSIG services, and under no
circumstance shall the Contractor's prices and any changes thereto approved by
the County, be inclusive of any charges relating to these IPSIG services. The terms
of this provision herein, apply to the Contractor, its officers, agents, employees,
subcontractors and assignees. Nothing contained in this provision shall impair
any independent right of the County to conduct an audit or investigate the
operations, activities and performance of the Contractor in connection with this
Agreement. The terms of this Article shall not impose any liability on the County
by the Contractor or any third party.
L. Notice and Contact
OCED's representative for this contract is Richard I-loberman. The Contractor's
representative for this contract is Silvia Jarquin. The Contractor'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 Contractor changes its address, notice of the name of
the new representative or new address will be rendered in writing to the. other party
and said notification attached to originals of this contract.
M. Name and Address of Payee
When payment is made to the Contractor's assignee, the name and address of the
official payee is: N/A
Neither the Contractor, subcontractor, nor any other person liable for the
responsibilities, obligations, services and representations herein, nor any
assignee, successor, heir or personal representative of the Contractor,
subcontractor or any such other person or entity shall seek a jury 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 Contractor, subcontractor, nor
27
any such pers. or entity will seek to consolidate any, h 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.
®. Assignment
The Contractor 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. 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 B -1
Idemnification and Insurance Requirements; Attachment C Progress Report;
Attachment D - Information for Environmental Review; Attachment E - Certification
Regarding Lobbying; Attachment F - Publicity, Advertisements and Signage )
contain all the terms and conditions agreed Upon by the parties.
W:3
IN WITNESS THEREOF, the parties hereto have caused this twenty ine (29) pa ntract to be
executed by their undersigned officials as duly authorized, this. day of J''r ` 2004.
MIAMI -DADE COUNTY
BY: �' ,
NAME:
George M. Burgess
TITLE: City Manager TITLE: County Manager
3 0 C U A
DATE:
BY: ATTEST
NAME I`aairle BY:
TITLE: / TITLE: Clerk, oard of County
- — 0 tZ
DATE Commissioners
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal ID Number: 69- 6000431
Resolution #:
Contractor's Fiscal Year Ending Date: _
CORPORATE SEAL:
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
29
m °
0
r
o
rn
n
O
Cl)
CD
0
t,
r_
m
m cD
e
y�y
(D
72'
co
.+
o
fD O CD �
0
JCD
)
=0 -0 *,
tll p� 03 CD
N 40
0
=
m
C1
�°��
-* w
c
_.O
'm
-�
o -i c
n
3
m-oa.
=
O.
y
r
cn
z Z
"�S �o
II
C
Q
p
°p
O O
@, �o
y � O
'U
m
in
o
°
°°
I
0
V)
<
v
_��
= -,
CM
CD
3
ma(DCO
= -;
��
r
(Dcl)
°Q�
T �
®�'
00
rn
-p
O
CO
S O
cu cu
°aa
.-.
u
Q CO)
�i
N
�
'-'
A`
-
®'�
j0
W Q
N
r=
y (QMM
O O
f_�D
o 0
CD X� 7�
CL CD
p p
.-
N
CD
PP1'
Um-
CD
rt
CD
C
o -a
0
= =m
0000
0
n
CD
o
S� m
M
Y
CD
a
a
o
cn
O
�
cc
_
n
O
0
m °
Cl)
V
m
m
0
O
m
m
0
m
m
m
m
0
O
;0
0
O
Z
co
C
0
z
m
D
C3
D
-i
0
Z
2'
O
C
Z
z
0
0
z
m
C)
O
-li
A
W
OOC
c00col ,
o �O
O :O
pnmOs'
OOmmx;
1w DOrDb -
OC OmOrn
N.�- iD
m
D
➢
O�
Z-i
zm WZm
-1�-Ir -
3
m.'a
��O'{
3 v�b
Om -1 -for -I
D Dv
m0
000
C-11p
c
z
O
-i
p
m
O?i
c �m -.
m ;m
mmOZ
:
m-i z z .;
�m��m
rr
rnaD�
=z
z
�y
mz�m
m m
mmrns
o�
S nc_vm i
r
cn<n..
czi
j
z
�r
O ,,
N
OD
m
z Z z O C
_
`�D_i
co
�-
n Z°
� rs, o
o �
m m2DO0D
m
m
m
�m
D m
v
z n m
p 'O
m m
Z� ms.=
--4 z 0
.:
O O m CD m'� -
m O
m
X
."0 Z m m pr
-zj
m O
_
Dm
Roo
z y.Z
n0 m
3;
m - DmO.._ '
pm
Z
Z1
W�
��
o� D
{.
y
o�
'Z
mr
C C
z m
O Sm�
G)
o�
-mi=
-Oi
0
c mzw
D
m
Z ' z
r.
m
..
O
m
O y
r
mrn
m 1 >
E O C
-a'
m
tL
O[�
D'
mDr'
0
0
n�c
c
O
OH,Zd<
S
CO
m
m
o- "w
$ i
b DEC
y
,0
m
m.
ca
V
•�,
w
K
m "� m "�
O r- Ot'
y
n �sn
�:
ornc
C
Z
1
'� ar
A 1
0
m �➢
�,4y
Z ..
m
3
a
2 f.
m
m m;
Cl)
V
m
m
0
O
m
m
0
m
m
m
m
0
O
;0
0
O
Z
co
C
0
z
m
D
C3
D
-i
0
Z
2'
O
C
Z
z
0
0
z
m
C)
O
-li
CITY OF SOUTH MIAMI
will, to] 7 c�ei
CHURCH STREET PHASE 11
I. PERSONNEL SERVICES
11. CONTRACTUAL SERVICES
III. OPERATING EXPENSES
IV. COMMODITIES
V. CAPITAL OUTLAY
TOTAL
ATTACHMENT B
$4,000
-0-
-0-
-0-
91,000
$95,000
ATTACENENT E
CITY OF SOUTH MIAMI, INC
CDBG FY 2004
R CONSTRUCTION OF CHURCH STREET SW 59TH PLACE-IMPROVEMENTS
DETAIL BUDGET
January 1, 2004 thru December 31, 2004
..
PP
NO;- CED
OCED
Total OCED
Total All Sources
40f0 PEI NNEL- Employee
0
21012 Envir!nmental Audit
0
0
0.00
Regular- SalarAQ
0
21030 Othe,w rofessional- Svc Const Mgmt
0
0
0,00
PublidlWorks Director
0
0
2,000.00
2,000
2,000
Chief rrountant
0
0
0
1,000.00
1,000.00
1,000
110001
1,000
1,000
Gran , administrator
Sub-:. `.al Salari es
25330" Rent opler
0
4,000.00
4,001
4,000
Con ctual Services
21011 Exte .RI Audit
1 -or 9
0
0.00
0
0
21012 Envir!nmental Audit
0
0
0.00
0
0
21030 Othe,w rofessional- Svc Const Mgmt
0
0
0,00
0
0
21030 Othezprofessional Svc
0
0
0
- 0.00
0
0
22350 Bottl Water
0
0
0.00
0
0
25330" Rent opler
0
0.00
0
0
25511 Build g Rental
0
0.00
0
0
Tota ontractual
0
0.00
0
0
Ope.,.::ting Expenses
31510 Outs a Printing
1 -or 9
0
31011 Tele one Regular
0
0
0.00
0
0
31011 Tele one Long Distance
0
0
0.00
0
0
31610 Post 'e
0
0
0
0.00
0.00
0
0
0
0
31420 Adve +Ring Radio
Totaipperating Expenses
0
0.00
0
0
Co odides
31510 Outs a Printing
1 -or 9
0
0.00
0
0
95020 Com ter Purchase
0
0
0.00
0
0
47010 Offic Supplies/ Outside Vendors
0
0.00
0
0
Tots .ornmodities
0
0.00
0
0
I
Capr 1 outlay
90 Constuction 1
1 91,000.00 1
1 -or 9
91,000
01 0.001 0
01 0
0
Totarcapital Outlay 0
0 91,000.00 9
91 000° 9
91,000
01 95,000' , 95,bo6--1 95,000
t
ATTACHMENT B•
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 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