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04-04-05 Item 5
TO: Honorable Mayor, Vice Mayor RESOLUTION: DATE: April 4, 2005 AGENDA ITEM No. RE: Authorizing the City Manager to execute a grant contract with Miami -Dade County Office of Community and EconomicDevelopment A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY FOR THE CHURCH STREET IMPROVEMENTS — PHASE II; GRANT AWARD OF $100,000 THROUGH THE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE BACKGROUND & ANALYSIS: Following the grant application we submitted last summer, Miami -Dade County has awarded $100,000 to the City towards the Church Street Improvements Phase II project. The grant is funded through the Miami -Dade County Community Development Block Grant (CDBG) for Fiscal Year 2005. The phase II improvements along Church Street, between SW 68th Street and SW 69th Street, will include widening of the sidewalk, installation of electrical conduits for new street lights, landscaping with an irrigation system, street furniture, roadway resurfacing, and pavement marking. RECOMMENDATION: It is recommended that the City Commission approve the resolution. ATTACHMENTS: ❑ Proposed Resolution ❑ Copy of Required Documents for Contract Development received from OCED 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY FOR THE CHURCH STREET IMPROVEMENTS — PHASE II; GRANT AWARD OF $100,000 THROUGH THE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wish to accept FY 2005 grant funds from the Miami -Dade County Office of Community & Economic Development and; WHEREAS, the grant will partially fund the Church Street Improvements Phase II, and; WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant contract for FY 2005 Community Development Block Grant (CDBG) with Miami -Dade County Office of Community & Economic Development. NOW THEREFORE; BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The city wishes to accept the FY 2005 CDBG from Miami Dade County Office of Community & Economic Development. Section 2: That the Mayor and City Commission authorize the City Manager to execute the FY 2005 grant contract with Miami -Dade County Office of Community Development. Section 3: This resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this day of , 2005. APPROVED: Maria Menendez, City Clerk READ AND APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Mary Scott Russell, Mayor Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: 1. 410" COUNTY Project Name Project Cost Contractor Carlos Alvarez Mayor Board of County Commissioners Joe A. Martinez Chairperson Barbara J. Jordan District 1 Dorrin D. Rolle District 2 - Dr. Barbara Carey - Shuler District 3 Sally A. Heyman District 4 Bruno A. Barreiro District S Rebeca Sosa District 6 Carlos A. Gimenez District 7 Katy Sorenson District8 Dennis C. Moss District 9 Sen. Javier D. Souto District 10 Joe A. Martinez Jose "Pepe" Diaz District 12 Natacha Seijas District 13 narvey tcuvin Clerk of the Circuit and County Courts George M. Burgess County Manager Robert A. Ginsburg County Attorney 2' 1�" Nc II II AifIAMI -DAD CMD IIII�II:: � o COMMUNITYAND ECONOMIC DEVELOPMENT Over 25 Years of Strengthening Miami -Dade County ATTACHMENT F Sign The sign (s) shall be made of % inch thick marine plywood, newly painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness with the use of weather - resistant colors. and materials. The Contractor shall place the sign (s). securely braced and mounted. All materials shall be provided by the Contractor and the sign(s) shall remain in the - property of the Owner at the. completion of the contract Sign Supprt The sign shall be free standing, prominently displayed as directed by OCED representative, and supported by two 4 11x4 "x101 pressure treated timbers securely . fastened to the rear of the sign and sunk 4' below grade. Clearance from the bottom of the sign to the ground shall be 1'. `:4. CERTIi ckTION REGARDING LOBBYING ATTACHMENT E Cerfdficaiian for Contracfs. Giants, Loans and Cooperative Agreements The undersigned cartifies, to the beet of his oar her knowledge. and hohal the 1. No Federal appropriated fiords hm been paid or will be paid, by or on behalf of the widers� to- any pert#on for i fflu;ncing- or a ng to it fiumce an 050er or en a lYl,=ber of Cong�ss, an offi�car or employee of erniployce of any ag P. s in o0nnectton with -the Congress, or an employee of a Memtier, of Congivs , awarding of any Federal contract, the maldng-of any Federal gram the malting of arty Federal loan, the: entering into of any 000peraii-ve aunt,, and the extension, ooniinuation, renewal, ammdment, or modification of any Federal contract, grant, loan or 000peradve agoni. any fends other they Federal appropriated fmxb have been paid or will be paid to an n for infhmncing or attemptin€; to influence an ofi'ieer or employee of y° eta o��car or e�aployee . of Congress, or an agency, a lviember of Congress, omploym ofa Member of Congross in connection with tins Federal contract, grant, Iona or cooperative agreema 4 the undersigned shall- complete nand submit Standard Form LLL, _ "Mclosme Form to P eport Lobbying," in accordance with its - iT3S'tT[2Ct10I16. - .. 'The - undersigned, shell require that the language of this certification be. included in me award doc=ent for all subwarrds-at all tiers (including subcontracts, embgrants) and contracts under grants, loans .and . cooperative agrements) and thaf - all sdbrecipients shell cwff-y and disclose accordingly. This c�rt 'ieafion is a material on -of fact upon which reliance was plaeod ;r&n_ gnbmission o ,,,..�,+* -rM f this certification is a —4, �qII I�un,jbU%,uvu .....� — — preraquisite for making or entering into this iransacfiion imposed by section 1352, e 31, U.S. Code. Any.pareon who fails to file tl a required: certification shall be subject to a duff penalty of not loss than. $10,000 and'.' not more fban $100,000 for each such failure• .. . (Big lure of Authorized Roprw=tA&e) ..NAME: (Friar: Name of Firm and AntherEwd Repr"mtativ 1) WILE; DATE: Page 5 of 5 • Have any child under the .age of seven at the site been tested for elevated levels of lead in the body? Yes No If yes, please submit the results. Part IV. Other Required Submittal Documents: 1. .Submit street/plat maps that depict location of property in the County and/or City with the location or lot clearly pointed out. Part V. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housingibuilding rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include:. Submit photographs of the property, �a+�a- deser�pto '-stoi���rropertrl�e�t�iat may e affected by your activity. I certify to the accuracy of the above information. Print Name Name of Organization or Corporation Signature Title Date _ Unless otherwise indicated, return completed form and attachments to: Community Development Division Director Office of Community and Economic Development 140 West Fiagler Street, Suite 1004 Miami, Florida 33130 Page 4 of 5 D. If the proposed activity includes a new structures) or site improvements on a site of one (1) acre. or moire, a site plan . must be provided. Project(s) will not be lenvironmentally reviewed without a site plan. E. If the proposed activity includes rehabilitation or renovation of structure(s), indicate the estimated cost and the amount sought for funding In addition, indicate if the estimated valuelof the improvement represents: 0 to 39.9 percent of the market value of the structure(s) 40 to 49.9 percent of the market value of the structure(s) 50 to 74.9 percent of the market value of the structure(s) 75 percent or more of the market value of the structure(s) F. If the proposed activity involves the transfer of any property, new construction or a securing of a loan for nonresidential parcel, provide a - Phase I Environmental Audit determining the likely presence of either a release. or threatened release of hazardous substance. An audit is a review of a site and an invo ves preparing a story o ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DEW, Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and inspecting the site for physical evidence of contamination such as damage vegetation or stains in the soil. Has a Phase I been performed: Yes No If yes, a copy of the Phase I Environmental Audit must be submitted. G. Environmental Health Information If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? Yes No If yes, please submit the results. Page 3 of 5 Part M. A. Site Information Land use (please-describe) • Existing Proposed B. If activity includes new construction, renovation or rehabilitation, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the abutting lots.. The' photographs shall be identified by address. In addition, provide for each existing structure on the site,. the following information: • Existing structure(s) on site: Yes No • Estimated age of structure(s) C. Other Site: Information: Yes Flood insurance required? Public water available on site? Public sewer available on site? Children under 7 years of age residing on site or relocating to site (including day care facility)? Hazardous waste disposal facility? Storage of hazardous materials on site? Abandoned structure(s) on site? No . Page 2 of 5 9. Detailed description of activity or project: 10. Purpose of activity or project: I L Status of activity or project: Part IL Will the activity or project result in the: foll owing? Yes No Change in use Sub - surface alteration (i.e. excavations) New construction Renovation or demolition Site ;improvements (utilities; sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Building improvements (windows, doors, etc.) Displacement of persons, households or business Increase in population working or living on site Land acquisition Activity in 100 -year floodplain A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc.) A sanitary landfill or hazardous waste disposal site Tree removal or relocation Street improvements The impounding of more than 10 acre feet of water (e:g, digging a lake or diverting or deepening of a body of water). ATTACHMENT D 1VIIAIVII -DARE OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT INFORMATION FOR ENVIRONMENTAL' REVIEW FORM Part Y. 1. Indicate Funding Source: CDBG HOME HOPE VI HOMELESS (SRO /SHP) HOPWA 2...Indicate Fiscal Year: FY 20 3. ..Name of Subrecipient/A.gency: 5. Location (Address) of Activity or Project: 6. Folio Number: 7. Commission District: 8. Name, address; phone and fax numbers of loan/grant recipient: Revised 01/07/03 «a Ec EO1L L = > =m `om0 c.0 m m a R c TDB C U m C V m C m T ro C d ro=C,— Wcoo0 E`m `oo c rn" EE ro�E m o as m o -ZLmm' Em �. -E�om0O r o 0 ro= m >m`�mc ®o 3= m as n 0- 0 . 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S p £ Z I ao,foiduig 30 % 19101 oolw[duua Ielo L lsgl sanH maN3o % oqm sanH MON 1140.E MON Mol SaQOO OINH.L91TVgOd2I 1 rJ 3 d I Q 1 0 1 S H AXOJaWD gOf S I .Annue f put, S I logo }a0 `S I XInf `S I It.idV Xq QaOO of Xlza:p$nb pautuigns pie joafaid goEa ioj palalduioa oq os, - )N Nrv,2LL W ZNgyIXO'IdW2f - aMo .L2Ivd (d2IfLLdNIrJIS) :# aMOHdTIML :,&g GaA OXJdV /GaMMAaU ZZIOddU (Htdo nomo) _ £ Z I U16 :aavlodau QORIffd $ :.LN1 owv IDV LLNOO :SSau(i(l d ADRIa9v :awvN,LDafoldd - :awvm1 kONaov sloa fold palSISSV qliM uoulOOMOD ut suosiad autooul -moZ fJQA V m0-I TOJ sailiunpoddo oiWouoog 1110d3M S NOIJ.33S cinH oson :Al N01133S U.S. HUD SECTION 3 REPORT 'ART THREE — SUMMARY — Indicates the efforts made to direct the employment and other economic opportunities enerated by HUD financial assistance for housing and community development programs, to the greatest extent ;asible, toward low — and very low - income persons, particularly those who are recipients of government assistance for Busing. (Check all that apply.) Attempted to recruit low- income residents through: local advertising media, signs prominently displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. ❑ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. ❑ Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered project is located. ❑ Other, describe below. Page 11 of 12 9:10 AM O M r^4 D ri M a a� -v v 0 a� b O U O N U Ll, «1 L'. N 3 0 N ,.O 0 0 o a H 0 H V) z Q U w Q z LLU LL Q J z O y E m lII i � N O U '� a a = Q o U cc 0) "'o � ' N � w O LA' C 0= di C a O` N a rn (L E; iu ¢ w O c(6 Cbm >o �UL) UD O O O s v c E = U O Ol Z+ 2 C c y t4 @ 7 �c 0 0 C y 0 C.) - . d36aZ o ozcn_wca `a--NA 4 to LL O 0 a 0 0 O 2 co z Lu o� U U0 w D¢ Qv F Z O LL I O OUw Uj °-azw0 y Z a z Q Z U WV2URQ O —wER wcU UWmwQW z2¢2UW W� U >QZW w —Rf-° Q= LL ¢zxQo N M 'd U') (O W O 0 a A U � H o o w z UO �u a H 0 H V) z Q U w Q z LLU LL Q J z O y E m lII i � N O U '� a a = Q o U cc 0) "'o � ' N � w O LA' C 0= di C a O` N a rn (L E; iu ¢ w O c(6 Cbm >o �UL) UD O O O s v c E = U O Ol Z+ 2 C c y t4 @ 7 �c 0 0 C y 0 C.) - . d36aZ o ozcn_wca `a--NA 4 to LL O 0 a 0 0 O 2 co z Lu o� U U0 w D¢ Qv F Z O LL I O OUw Uj °-azw0 y Z a z Q Z U WV2URQ O —wER wcU UWmwQW z2¢2UW W� U >QZW w —Rf-° Q= LL ¢zxQo N M 'd U') (O W O 0 a SECTION III: MINORITY BUSINESS ENTERPRISE DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ SUBCONTRACTOR OR VENDOR, ADDRESS, AND TELEPHONE NUMBER: Enter this information only once on each report for each firm receiving funds through your organization's contract with OCED. VENDOR ID #: Enter the Employer Number that I.R.S. has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID #: Enter the Employer Number that I.R.S. has assigned to the Prime Contractor as a unique identifier. This information must be provided for each vendor listed. RACE/ETHNIC GROUP: Enter the numeric code (1 through 6) that identifies the raciallethnic background of the owner(s) and controller(s) of 511/6 of the business. If 51 % of the business is not controlled by any single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor's /subcontractor's /vendor's services. The codes are mentioned in the front of this page. AMOUNT OF CONTRACT/ Enter the total amount expended for goods, services, supplies, SUBCONTRACT OR and /or construction costs for each vendor, contract and PURCHASE: subcontract. In cases where commodities or equipment purchases rmm�rica 4 �.;g.a�9rit'j�9 period, then combine all expenses for the reported period. TOTAL: Enter the total amount of dollars expended on goods, services, supplies, and/or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICAN CHART NUMBER OF CONTRACTORS, Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during.the reporting period. VENDORS This information must be reported for organizations with at least 51 % African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African ACTIVITY: American firms from funds expended by your organization during the reporting period. Page 9 of 12 2114/05 9 :10 AM • 0 a CID w • H C0 H to � � N a.) Q w � p ,tea V N bo ° w ° a Cl N SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal activities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted- activity. PROJECTED List the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut -off date of the report. ACTUAL List ALL the contract expenditures, whether or- not they have been reimbursed by the County, OCED, that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures that your organization anticipates will be FOR NEXT REPORTING incurred in the implementation of the contracted activities through PERIOD the end of next reporting period. PROJECTED CUMULATIVE List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation of the contracted activities through OF CONTRACT PERIOD the end of the contracted period. Page 7 of 12 114/05 9:10 AM 1. Boundaries: Enter a description of the boundaries of slum/blight area (180 characters maximum) 2. % of deteriorated buildings: Enter the percentage of buildings that were deteriorated when the area was designated as slum/blight. 3. Public Improvement/Condition: Enter a brief description identifying each type of improvement located within the area and its condition at the time the area was designated slum/blight(40 characters maximum). 4. Slum/Blight Designation Year: Enter the year the area was designated as slum/blight. PART 5: JOB CREATION /RETENTION INFORMATION (complete this part if the National Objective is LMJ Table is Direct or Deferred Payment Loan Information: If CDBG assistance for a job creation/retention activity is provided in the form of a loan, enter the Interest Rate, Amortization Period and the Amount. CDBG Grant Amount: If CDBG is being used to provide assistance in a form other than a direct or deferred loan, enter the amount provided for this activity. Table 2: Enter the information about jobs expected to create, expected to retain, actually created and actually retained. PART 6: CDBG MULTI -UNIT ACTIVITY SET UP AND COMPLETION INFORMATION Table 1: Enter details of # of units at start, # of units expected at completion and # of units actually completed Table 2: Enter the details of costs associated with the activity. PART 7: DISPLACEMENT INFORMATION Enter the requested displacement information in the table PART 8: REPLACEMENT INFORMATION Enter the relevant information in the table regarding Replacement as a result of this activity. PART.9: ACTIVITY STATUS /ACCOMPLISHMENTS iNFORMATION(complete this part for all types of activities) 1. Activity Status: Circle 1, 2 or 3. Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from IDIS. 2. Proposed Accomplishment Type: Enter 1= People, 4= Households, 8= 13usinesses, 9= Organizations, 10= Housing Units, 11= Public Facilities, 13 =Jobs. 3. Proposed # of accomplishment Units: Enter the proposed # of units to be accomplished. 4. Actual accomplishment type: Enter the actual accomplishment type. 5. Actual # of accomplishment units during the year: Enter the actual units accomplished. 6. Environmental Assessment Code: Enter A= Exempt, C= Completed, D= Underway 7. Create Program Income: Enter Yes or No. Page 6 of 12 2114/05 9:10 AM QUARTERLY PROGRESS REPORT INSTRUCTIONS PART 1. ACTIVITY INFORMATION 1. Agency Name: Enter the Name of the Agency 2. Project Title: Agency Acronym and the Title of the Project (60 characters maximum) 3. Activity Name: Agency Acronym and the name of the activity (40 characters maximum) 4. Category: Enter the Category of the activity (e.g. Housing, Public Service, Ecc. Dev etc.) 5. Activity Address: Enter the complete address of the location where the activity is taking place 6. Commission District: Enter the Commission District # where the activity is taking place 7. Activity Description: Enter brief description of the activity (120 characters maximum) 8. IDIS No.: Enter IDIS No. of the activity. 9. Source: Enter the funding source (e.g. HOME 95). 10. Grantee Activity #: Enter the Grantee Activity No.(E.g. B.00.020.235) 11. Matrix Code: HUD Code applicable to the activity. 12. Index Code: Enter the Index Code from FAMIS 13. National Objective: Enter the National Objective applicable to the activity. 14. Help Prevent Homelessness ?: Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. 15. Help those with HIV /AIDS ?: Enter Y if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N. 16. Primarily Help Persons With Disabilities ?: Enter Y if the purpose of the activity is primarily help persons with disabilities; otherwise enter N. 17. Generate Program Income ?: Enter if this activity is expected to generate Program Income; otherwise enter N. 18.' Section 108: Enter X if this activity is funded in whole or in part using proceeds from loans guaranteed under Section 108. 19. One for one Replacement: Enter X if this activity is a One- For -One Replacement Activity 20. Displacement: Enter X if this activity involve a displacement activity 21. Float Funded: Enter X if this activity is a Float Funded activity 22. Special Assessment: Enter X if this activity is a public improvement activity for which a special assessment will be levied. 23. Revolving Fund: Enter X if this activity is funded through a revolving fund. 24. Favored Activity: Enter X if this activity is an economic development activity that is of important national interest and therefore may be excluded from the aggregate public benefit calculation. 25. Float Principal Balance: Enter the Float principal, balance if this is a float funded activity 26. Indicate if the activity is located in CDFI Area or Strategy Area: Enter C or S depending upon whether this activity is located in a Community Development Financial Institution (CDFI) or a Neighborhood Revitalization Strategy Area. 27. Area Identifier: If you entered C or S in the previous field, enter the Area Identifier. . 28. Unliquidated Obligation: Enter the amount of orders placed. Contracts and grants awarded goods and services receiv - _q ��tra xpen i e as not een reported as of the end of the reporting period. PART 2. AREA BENEFIT INFORMATION 1. Percent of Low/Mod in service area: Enter the percentage of low /mod persons in the service area. 2. Survey or Census Tract determination: Enter the method by which the percentage of low /mod in the service area was determines. Enter S for Survey and C for Census. 3. Census Tract: Enter the Census Tract for the LMA Service Area. 4. Block Groups: Enter the Block Groups associated with the Census Tract. PART 3. DIRECT BENEFIT INFORMATION(comwlete this part if the National Objective is LMC. LMH or LMJI 1. Counts by Households or Persons? (HIP): Enter P for LMC or LMJ activity and H for LMH activity. Z. Total Number Benefiting from Activity: Enter the total number of persons benefiting from the activity. 3. Number of Female Headed Households: Enter the total number of female Headed Households. This field is not applicable to LMC and LMJ activities. 1. Number of persons served in Entitlement Area: Enter the total number persons served in Entitlement Area +. Number of persons served outside of Entitlement Area: Enter the total number of persons served outside of the Entitlement Area. Method of verification by the Agency: Enter the method used by the Agency in determining the number of persons served inside and outside of the Entitlement Area. Presumed Benefit? (Y/N): Enter Y if this activity is designed to exclusively serve a category of persons presumed by HUD to be low /mod income. Please note that presumed benefit groups are limited to: abused children, battered spouses, elderly persons, disabled adults, illiterate adults, persons living with AIDS, homeless and Migrant Farm Workers. This field is not applicable to LMH and LMJ activities. Nature/Location: Enter Y if the activity is considered low /mod because of the nature of the activity and the place it is being carried out. This ,fiield'is not applicable to LMH and LMJ activities. Nature/Location Narrative: Enter a description of how the Nature/Location of the activity benefits a limited clientele, at least 51% of whom are'low /mod income. ART 4: SLUM/BLIGHT AREA INFORMATION (comnlete this nart if tho na4innnl ..h:e. -f:xse Page 5 of 12 14105 9:10 AM Accomplishment narrative for the Current Program Year (Please make sure that accomplishments during the current year are only included. Maximum 6 lines) By signing below I, , verify that the information in this report is accurate and appropriate records have been maintained. Prepared By: Date: Reviewed By: Date: FOR OCED USE ONLY Verified for completeness and accuracy by: Contract Officer: Date: Planner. Date: Planning Section Supervisor: Division Director: Admin. Support Staff: Page 4 of 12 2114105 9:10 AM Date: Date: IDIS UPDATE:- Table 2- .lob Creation /Retention Information Type Total Job Count- Full Time Job Total Job Count - Full Time- Low/Mod Total Hours Part time Total Hours -Part Time- Low/Mod Percent of Low/Mod Jobs Expect to Create Hispanic # of Units expected at Completion American Indian/AlMkan Displaced From Expect to Retain Remainin Actually Created Actually Retained PART 6: CDBG Multi -unit Activity Set Up and Completion Information(for LMH activities) Table 1 Units Total Occupied Occupied Low/Mod # of Units at Start White Black Hispanic # of Units expected at Completion American Indian/AlMkan Displaced From # of Units actually Completed Table 2 - - -- rswrci- is uispiacemems Information ( complete this part it displacement nas occurred) Type Census Tract Or City White Black Hispanic Asian/Pacific American Indian/AlMkan Displaced From Available Date Remainin Relocated To rwrc i a: Kepiacement Information (complete this part if One -for One Replacement has occurred) Type Demolished/Converted Address Replacement Address V of Bedrooms Agreement executed date Available Date 2ART 9: Activity Status /Accomplishments Information (complete this part for all types of activities) 1. Activity Status (Circle One): 1. Cancel 2. Completed 3. Underway An activity is considered to be completed when it meets the National Objective and after all the funds are drawn) :. Proposed Accomplishment Type: 3. Proposed # of Accomplishment Unit/s: Actual Accomplishments Type: 5. Actual # of Accomplishment unit/s during the year; . Environmental Assessment Code: 7. Create Program Income? (Y/N): Page 3 of 12 4105 9:10 AM PART 3: Direct Benefit Information (complete this part if the National Objective is LMC.LMH. LMJ 1. Counts by Households or Persons? (H/P): 2. Total Number Benefiting from the Activity: _3. Number of Female Headed Households: a. Number of persons served in Entitlement Area: 5. Number of persons served outside of Entitlement Area: 6. Method of Verification by the Agency: 7. Presumed Benefit? (Y/N): _ 8. Nature/Location? (Y/N): 9. Nature/Location Narrative: Direct Benefit by Ethnic Category White Black 'African American Asian American Indian/ Alaskan Native Native Hawaiian/ Other Pacific Islander American Indian/ Alaskan Native & White Asian & White Black African American & White American Indian! Alaskan Native & Black African American Other Multi — Racial Asian/ Pacific Islander Msp_anic Totals Direct Benefit by Income Category LOW EXTREMELY LOW TOTAL MOD PART 4: Slum /Blight Area Information (complete this part if the National Objective is SBA 1. Boundaries: 2. Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: 4. Slum/Blight Designation Year: PART 5: Job Creation /Retention Information (complete this part if the National Objective is LMJ) CDBG Direct Loan CDBG Deferred Pa CDBG Grant CDBG Other Page 2 of 12 2/14105 9:10 AM 'MIAMI CCD COMMUNITY AND ECONOMIC DEVELOPMENT PART 1: Activity Information 1. Agency Name: 2. Project Title: 3. Activity Name: 5. Activity Address: 7. Activity Description: a.IDIS No. 9.Source: 11. Matrix Code: 12. Index Code: PROGRESS REPORT For FY 2005 *Select Quarter ( ✓) 1st JAN -MAR 2ND APR -JUN 3�d JUL -SEP ANNUAL REPORT 4. Category: Commission District: 10. Grantee Activity 13. National Objective: 14. Help Prevent Homelessness ?: AS. Help Those With HIV /AIDS ?: 16. Primarily Help Persons With Disabilities ?: .17. Generate Program Income ?: INDICATE ALL THAT APPLY WITH "X" FOR QUESTIONS 18 TO 24 18. Section 108:19. One- For -One Replacement: 20.Displacement: 21. Float Funded: 22. Special Assessment: 23. Revolving Fund: 24. Favored Activity: 15. Float Principal Balance: :6. Indicate if the activity is located in CDFI Area or Strategy Area C /S: :7. Area Identifier: 8. Unliquidated Obligations: 'ART 2: Area Benefit Information (complete this part if the national objective is LMA) Percent of Low/Mod in Service Area: 2. Survey or Census Tract determination? (S /Q: Census Tract: 4. Block Groups: Page I of 12 4105 9:10 AM 0 0 0 0 0 C. °o ER EH EH p 69 0 0 o_ o_ v> � d L � C O c V.. U O p O. U- W Z F- O 0 N V (D � .E Via,, CL 4)- f o 0 d a o OE) �, 06 y..) ai V 0 p C O M O is () a - p c �y - .O Q. � a € N ca C O a) v CL 0 ai o ai O O 0 CL p cn N o O a ca *a a U d V N o J co .2 Q. c w a] J N (D d > N V) E ` in L-0 'o to 0) LEn o Ch m LO 2- = a) N O O N O r, U O I- W w U- o Z Z Lo J U o v o = O � O 'L U L 6 CL O•L ? _ C N o0 'i C> CL U a) m � °f� ¢ N � (Dm Cl. o ° �: (D Q .N U O-fo -0 N O d v O cE my "� y > ,^ O� N O 0) te a) . -y L 0- O U c c J o E O n = a) 0 .3 = a) y > a) y •Q C _ N O ..LO. O ..LO. O. [a U Q a) Z a) 2 W m (n J V � co co O i0 O d. J o o o 0 It T- 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 ATTACIEWENT INDENWMICATION AND INSURANCE REQUIREMENTS C�OUNT? %Y i ■ CONSTRUCTION • 1 , ■ 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 33 13 0, Cerdficate(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 limi ner occurrence for bodily injury and property ddamacre. 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 Efl ifl O O O O {p. 0 64 -69 69 0 O O O O O O C) 0 .1 0 o 0') n CD D v o c m m m v 0 m a o O, r°n m N CD cD 2 3 T 3 o r= 0 N -s a 0 = N Quo .- cCD o ° 0 O cD o N a m N 3 � �' Q c -n t1 0 r+ (n a o_ cn CD -I D 0 v J �.n. 7 �C °.7 0� 0 N C _ 7 v ,n.' = t� O cn fn ° C-) r- v, z z a o^ n m m --� n JO O O J (D 3 CD C Qo N ( to W Gl G) o °o v D 3 3 CL -0(j) r- N N <� v 3 _ . , 3 X- CD 'O o 7 N ° c r 00 ^^ `J Q D o 'O tQ v ro o cn o n Z 'O i+ 0 0 N � o m ® p CD 3 D� 0 K CL CQ o o a < O 0 m CD O C, <D °� °� m .� Q. C in N -_� ® cr su ct CD (D t3D v N C (D O -- -i m = m -n 'a O 0 W m T � O rD `� m Q Y c� c T Cl) 7 O Q 7 � 0 Efl ifl O O O O {p. 0 64 -69 69 0 O O O O O O <. a q. M 3. m - 3 o Yi co, c n O - C °� o Q.C.» 578 ° Q . .�. 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E N01133S afm usmn :Al N01133S U.S. HUD SECTION 3 REPORT ART THREE -- SUMMARY — Indicates the efforts made to direct the employment and other economic opportunities merated by HUD fmancial assistance for housing and community development programs, to the greatest extent :asible, toward low — and very low - income persons, particularly those who are recipients of government assistance for )using. (Check all that apply.) Attempted to recruit low- income residents through: local advertising media, signs prominently displayed at the project site, contracts with community organizations and public or private agencies operating within the metropolitan area (or metropolitan country) in which the Section 3 covered program or project is located, or similar. ❑ Participated in a HUD program or other program which promotes the training or employment of Section 3 Residents. ❑ Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns. ❑ Coordinated with Youth build Programs administered in the metropolitan area in which the Section 3 covered project is located. ❑ Other, describe below. Page 1 I of 12 05 9:10 AM ti ti O r� V 3 0 ,.o -d a� O a� O U D M � a � W � r z Z O �" N E � C H 63 (D C i0 O` 0. 2 d N Mgt Fri -0 (Ti O FJ) p c N E.,� U U � w C U 'a D cl tm(L �WQwO o = 6 co 0) > o a = o a r aw�o> U mO - 9 LL � O � QZUtn } J Z O N E � C H 63 (D C i0 O` 0. 2 d N Q. Wit¢ o -0 (Ti O FJ) p c N C N O •7 � w C U 'a D cl tm(L �WQwO o = 6 co 0) > o op O p 0 a 0 = a a r m3aa.Z °; oZV��rna �Nthvt to ti0000U O Z W Z O O F- U 0Z W �¢ O ZO O OUW }aowoi= - F UZN0 Z IL D Z Q Z U o< 0: O2wwLuU Z U <2 Q w =QZQC?� W�U >QZW W- E� -a`51 Q�¢Z3: �Y N M V tq (O 1 0 CON 0 N SECTION III: MINORITY BUSINESS ENTERPRISE DATA SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ Enter this information only once on each report for each firm SUBCONTRACTOR OR receiving funds through your organization's contract with VENDOR, ADDRESS, AND OCED. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that I.R.S. has assigned to the Vendor /Subcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR ID #: Enter the Employer Number that I.R.S. has assigned to the Prime Contractor as a unique identifier. This information must be provided for each vendor listed. RACE/ETHNIC GROUP: Enter the numeric code (1 through 6) that identifies the racial/ethnic background of the owner(s) and controller(s) of 511/6 of the business. If 51% of the business is not controlled by any single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the form. TYPE OF TRADE: Enter the numeric code that best describes the contractor's /subcontractor's /vendor's services. The codes are mentioned in the front of this page. AMOUNT OF CONTRACT/ Enter the total amount expended for goods, services, supplies, SUBCONTRACT OR and /or construction costs for each vendor, contract and PURCHASE: subcontract. In cases where commodities or equipment purchases compriste. the majority of the expenditures for the period, then combine all expenses for the reported period. TOTAL: Enter the total amount of dollars expended on goods, services, supplies, and /or construction for all contracts, subcontracts, and purchases that occurred during the reporting period. AFRICAN AMERICAN CHART NUMBER OF CONTRACTORS, Enter number of African American firms that transacted SUBCONTRACTORS, OR business with your organization during_the reporting period. VENDORS This information must be reported for organizations with at least 51% African American ownership or control.. TOTAL DOLLARS AWARDED: Enter the total dollars paid to African American firms during the reporting period. PERCENTAGE OF TOTAL Enter the percentage of total dollars received by African ACTIVITY: American firms from funds expended by your organization during the reporting period. Page 9 of 12 2/14/05 9:10 AM 1 i h J U � O H O. w A� U w o WU z 0 H �GO w � W (woE+�DUA � •ti UW U cr wAz9 y 00 b O a to a� U 4 o �awaa a� w a H a W �O a °xw F� A (Yi za a �W w� w da � w �z ww � v � d v . z°' w 0 m a I N � •ti U cr 0 U y 00 b O a to a� U 4 o a w 0 m a I N SECTION II: FISCAL INFORMATION GENERAL INSTRUCTIONS This portion of the report must include only OCED funds and expenditures covered by your organization's contract with OCED. This section of the report covers fiscal activities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted- activity. PROJECTED List the project expenditures through the cut -off date of the report for each of the budget categories. REIMBURSED List the contract expenditures that OCED has reimbursed to your organization through the cut-off date of the report. ACTUAL List ALL the contract expenditures, whether or, not they have been reimbursed by the County, OCED, that your agency incurred through the cut -off date of the report. PROJECTED EXPENDITURES List all the expenditures that your organization anticipates will be FOR NEXT REPORTING incurred in the implementation of the contracted activities through PERIOD the end of next reporting period. PROJECTED CUMULATIVE List all expenditures that your organization anticipates will be EXPENDITURES BY THE END incurred in the implementation of the contracted activities through OF CONTRACT PERIOD the end of the contracted period. Page 7 of 12 2/14/05 9:10 AM 1. Boundaries: Enter a description of the boundaries of slum/blight area (180 characters maximum) 2. % of deteriorated buildings: Enter the percentage of buildings that were deteriorated when the area was designated as slum/blight. 3. Public Improvement/Condition: Enter a brief description identifying each type of improvement located within the area and its condition at the time the area was designated slum/blight(40 characters maximum). 4. Slum/Blight Designation Year: Enter the year the area was designated as slum/blight. PART 5: JOB CREATION /RETENTION INFORMATION (complete this part if the National Objective is LMJ Table 1: Direct or Deferred Payment Loan Information: If CDBG assistance for a job creation/retention activity is provided in the form of a loan, enter the Interest Rate, Amortization Period and the Amount. CDBG Grant Amount: If CDBG is being used to provide assistance in a form other than a direct or deferred loan, enter the amount provided for this activity. Table 2: Enter the information about jobs expected to create, expected to retain, actually created and actually retained. PART 6: CDBG MULTI -UNIT ACTIVITY SET UP AND COMPLETION INFORMATION Table 1: Enter details of # of units at start, # of units expected at completion and # of units actually completed Table 2: Enter the details of costs associated with the activity. PART 7: DISPLACEMENT INFORMATION Enter the requested displacement information in the table PART 8: REPLACEMENT INFORMATION Enter the relevant information in the table regarding Replacement as a result of this activity. PART .9: ACTIVITY STATUS /ACCOMPLISHMENTS INFORMATION(complete this part for all types of activities) 1. Activity Status: Circle 1, 2 or 3. Please note that an activity is considered to be completed once it meets its national objective and all the funds are drawn from IDIS. 2. Proposed Accomplishment Type: Enter 1= People, 4= Households, 8= 13usinesses, 9= Organizations, 10= Housing Units, 11=Public Facilities, 13 =Jobs. 3. Proposed # of accomplishment Unit/s: Enter the proposed # of units to be accomplished. 4. Actual accomplishment type: Enter the actual accomplishment type. 5. Actual # of accomplishment units during the year: Enter the actual units accomplished. 6. Environmental Assessment Code: Enter A= Exempt, C= Completed, D= Underway 7. Create Program Income: Enter Yes or No. Page 6 of 12 2114105 9:10 AM QUARTERLY PROGRESS REPORT INSTRUCTIONS PART 1. ACTIVITY INFORMATION 1. Agency Name: Enter the Name of the Agency 2. Project Title: Agency Acronym and the Title of the Project (60 characters maximum) 3. Activity Name: Agency Acronym and the name of the activity (40 characters maximum) 4. Category: Enter the Category of the activity (e.g. Housing, Public Service, Ecc. Dev etc.) 5. Activity Address: Enter the complete address of the location where the activity is taking place 6. Commission District: Enter the Commission District # where the activity is taking place 7. Activity Description: Enter brief description of the activity (120 characters maximum) 8. IDIS No.: Enter IDIS No. of the activity. 9. Source: Enter the funding source (e.g. HOME 95). 10. Grantee Activity #: Enter the Grantee Activity No.(E.g.11.00.020.235) 11. Matrix Code: HUD Code applicable to the activity. 12. Index Code: Enter the Index Code from FAMIS 13. National Objective: Enter the National Objective applicable to the activity. 14. Help Prevent Homelessness ?: Enter Y if the purpose of the activity is to prevent homelessness; otherwise enter N. 15. Help those with HIV /AIDS ?: Enter Y if the purpose of the activity is to help persons with HIV /AIDS; otherwise enter N. 16. Primarily Help Persons With Disabilities ?: Enter Y if the purpose of the activity is primarily help persons with disabilities; otherwise enter N. 17. Generate Program Income ?: Enter Y if this activity is expected to generate Program Income; otherwise enter N. 18. Section 108: Enter X if this activity is funded in whole or in part using proceeds from loans guaranteed under Section 108. 19. One for one Replacement: Enter X if this activity is a One - For -One Replacement Activity 20. Displacement: Enter X if this activity involve a displacement activity 21. Float Funded: Enter X if this activity is a Float Funded activity 22. Special Assessment: Enter X if this activity is a public improvement activity for which a special assessment will be levied. 23. Revolving Fund: Enter X if this activity is funded through a revolving fund. 24. Favored Activity: Enter X if this activity is an economic development activity that is of important national interest and therefore may be excluded from the aggregate public benefit calculation. 25. Float Principal Balance: Enter the Float principal balance if this is a float funded activity 26. Indicate if the activity is located in CDFI Area or Strategy Area: Enter C or S depending upon whether this activity is located in a Community Development Financial Institution (CDFI) or a Neighborhood Revitalization Strategy Area. 27. Area Identifier: If you entered C or S in the previous field, enter the Area Identifier. 28. Unliquidated Obligation: Enter the amount of orders placed. Contracts and grants awarded, goods and services received and similar transactions for which an expenditure has not been reported as of the end of the reporting period. PART 2. AREA BENEFIT; INFORMATION I. Percent of Low/Mod in service area: Enter the percentage of low /mod persons in the service area. 2. Survey or Census Tract determination: Enter the method by which the percentage of low /mod in the service area was determines. Enter S for Survey and C for Census. 3. . Census Tract: Enter the Census Tract for the LMA Service Area. 4. Block Groups: Enter the Block Groups associated with the Census Tract. PART 3. DIRECT BENEFIT INFORMATION com lete this part if the National Oblective is LMC LMH or LMJ 1. Counts by Households or Persons? (H/P): Enter P for LMC or. LMJ activity and H for LMH activity. 2. Total Number Benefiting from Activity: Enter the total number of persons benefiting from the activity. 3. Number of Female Headed Households: Enter the total number of female Headed Households. This field is not applicable to LMC and LMJ activities. 4. Number of persons served in Entitlement Area: Enter the total number persons served in Entitlement Area 5. Number of persons served outside of Entitlement Area: Enter the total number of persons served outside of the Entitlement Area. 6. Method of verification by the Agency: Enter the method used by the Agency in determining the number of persons served inside and outside of the Entitlement Area. 7. Presumed Benefit? (Y/N): Enter Y if this activity is designed to exclusively serve a category of persons presumed by HUD to be low /mod income. Please note that presumed benefit groups are limited to: abused children, battered spouses, elderly persons, disabled adults, illiterate adults, persons living with AIDS, homeless and Migrant Farm Workers. This field is not applicable to LMH and LMJ activities. 8. Nature/Location: Enter Y if the activity is considered low /mod because of the nature of the activity and the place it is being carried out. This field is not applicable to LMH and LMJ activities. 9. Nature/Location Narrative: Enter a description of how the Nature/Location of the activity benefits a limited clientele, at least 51% of whom are low /mod income. PART 4: SLUM /BLIGHT AREA INFORMATION (complete this part if the national objective is SBA) Page 5 of 12 2/14105 9:10 AM Accomplishment narrative for the Current Program Year (Please make sure that accomplishments during the current year are only included. Maximum 6 lines) By signing below I, , verify that the information in this report is accurate and appropriate records have been maintained. Prepared By: Date: Reviewed By: Date: FOR OCED USE ONLY Verified for completeness and accuracy by: Contract Officer: Date: Planner: Date: Planning Section Supervisor. Division Director. Admin. Support Staff: Page 4 of 12 2/14/05 9:10 AM Dater Date: IDIS UPDATE: i a01e C- JOD creation /Ketention information Occupied Type Total Job Count - Full Time Job Total Job Count - Full Time - Low/Mod Total Hours Part time Total Hours -Part Time- Low/Mod Percent of Low/Mod Jobs Expect to Create # of Units actually Completed Indian/Alaskan Displaced Expect to Retain Actually Created Actually Retained PART 6: CDBG Multi -unit Activity Set Up and Completion Information(for LMH activities) Table 1 Units Total Occupied Occupied Low/Mod # of Units at Start v4%.Ul ICu Asian/Pacific Other # of Units expected at Completion Total # of Units actually Completed Indian/Alaskan Displaced Type Authorized Costs Actual Costs CDBG . v... �wvcu.cua ■.c.a Hispanic v4%.Ul ICu Asian/Pacific Other Or City Total PART 7! nisn1nr_aman* Infn....�d,:.... lww.....t_t_ AL:. Type Census Tract - - - - - -- --- -- ' White - -- - -- --. ...._ .. Black v... �wvcu.cua ■.c.a Hispanic v4%.Ul ICu Asian/Pacific American Or City Agreement executed date Available Date Indian/Alaskan Displaced From Relocated To .—.. — n,cw-w —meni tnrormatlon Icomplete this part if One -for One Replacement has occurred) Type Demolished/Converted Address Replacement Address # of Bedrooms Agreement executed date Available Date PART 9: Activity Status /Accomplishments Information (complete this part for all types of activities) 1. Activity Status (Circle One): 1. Cancel 2. Completed 3. Underway (An activity is considered to be completed when it rneets the National Objective and after all the funds are drawn) 2. Proposed Accomplishment Type: 3. Proposed # of Accomplishment Unit/s: 4. Actual Accomplishments Type: 5. Actual # of Accomplishment units during the year: 6. Environmental Assessment Code: 2/14/05 9: f 0 AM 7. Create Program Income? (Y/1): Page 3 of 12 PART 3 Direct Benefit Information (complete thiepart if the National Objective is LMC LMW LMJ 1. Counts by Households or Persons? W): 2. Total Number Benefiting from the Activity: 3. Number of Female Headed Households: 4. Number of persons served in Entitlement Area: 5. Number of persons served outside of Entitlement Area: s. Method of Verification by the Agency: 7. Presumed Benefit? (Y/I): 8. Nature/Location? (Y/1): 9. Nature/Location Narrative: Direct Benefit by Ethnic Category White Black African American Asian American Indian/ Alaskan Native Native Hawaiian / Other Pacific Islander American Indian/ Alaskan Native & White Asian & White Black African American & White American Indian/ Alaskan Native & Black African American Other Multi — Racial Asian/ Pacific Islander Hispanic Totals Direct Benefit by Income Category MOD LOW EXTREMELY LOW TOTAL PART 4: Slum /Blinht Area Information (complete this part if the National Objective is SBA) 1. Boundaries: 2. Percentage of Deteriorated Buildings: 3. Public Improvement/Condition: 4. Slum/Blight Designation Year: PART 5: Job Creation /Retention Information (complete this part if the National Objective is LMJ) CDBG Direct Loan CDBG Deferred Pa, CDBG Grant CDBG Other Page 2 of 12 2/14/05 9:10 AM Amount MIDADE CCD COMMUNITYAND ECONOMIC DEVELOPMENT PART 1: Activity Information 1. Agency Name: 2. Project 3. Activity Name:_ PROGRESS REPORT For FY 2005 *Select Quarter V) 1st JAN -MAR 2ND APR -JUN 3'" JUL -SEP ANNUAL REPORT 4. Category:, 5. Activity Address: 6. Commission District: 7. Activity Description: 8.IDIS No. 9.Source: 11. Matrix Code: 12. Index Code: 10. Grantee Activity 13. National Objective: 14. Help Prevent Homelessness ?: A 5. Help Those With HIV /AIDS ?: 16. Primarily Help Persons With Disabilities ?: .17. Generate Program Income ?: INDICATE ALL THAT APPLY WITH "X" FOR QUESTIONS 18 TO 24 18. Section 108: - 19. One - For -One Replacement: 20.Displacement: 21. Float Funded:_ 22. Special Assessment: 23. Revolving Fund: 24. Favored Activity: 25. Float Principal Balance: 26. Indicate if the activity is located in CDFI Area or Strategy Area C /S: 27. Area Identifier: 28. Unliquidated Obligations: PART 2: Area Benefit Information (complete this part if the national objective is LMA) 1. Percent ofLow/Mod in Service Area: 3. Census Tract: 2. Survey or Census Tract determination? (S /C):: 4. Block Groups: Page 1 of 12 /14/05 9:10 AM 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 7� REHA131LITATION ACTIVITIES ATTACHMENT B-1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontracfors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall. furnish to Miami -Dade County, c/o Office of Community and Economic Development, 140 West Flagler Street, Suite #1000, Miami, Florida 33130, Certificates) 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 damaize. Miami- e 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 0 0 C. 0 Co 0 00 69 6% (Al 0 64 0 0 o _o 69 69 NJ d LO O c N U- 4-1 V w Q O E c m m D cii O U O O o Q UL w m m f- F- _G ❑ N _ CD Qi E CL (DM of °d U v o o M 0 .X 0 O .- •iIi •� L CCM C G O N N v CL N N (6 0 O a' ❑_ 0 N IL 0 'C 0 c U ° 0 y. 0 M N cq _� E m i C' ' + 0 CD Q U W O � -- o CL E m d a °' E E ❑ > ° CO CL -0 W o > m tJ) n m cE6) ` ._ CL 0 o O U` m CN m df w U: o w Z Z J U w - o v m C0 cCO = •O— o rn r-.s; >+O 23: N U L. Q O •L = C fq C) •i V U m CL d m vi CI. Q ++ V v fn L' 0 CL CO 2 0)E m n `o > 4% 6 O N '— W 2 O) .2 N � L 0. 0 U c O a co E 3 N _N .. N a) 0 .T Q O Q Q N m U _ ❑ _ = w fn J d c6 .� � 0 O aJ o 0 o 0 IN WITNESS THEREOF, the parties hereto have caused this thirty (30) page contract to be executed by their undersigned officials as duly authorized, this day of 2005. CONTRACTOR: MIAMI -DADE COUNTY City of South Miami BY: NAME: Maria Davis TITLE: City Manager DATE: BY: NAME: George M. Burgess TITLE: County Manager BY: ATTEST NAME $Y: TITLE: Clerk, Board of County TITLE: DATE Commissioners Witnesses: BY: (Signature) Type or Print Name BY: (Signature) Type or Print Name Federal ID Number: 59- 6000431 Resolution #: Index Code: CD531 C0006 Contract Number: 50816 Contractor's Fiscal Year Ending Date: 09/30/05 CORPORATE SEAL: CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 30 When payment is made to the Contractor's assignee, the name and address of the official payee is: N/A N. Waiver of Trial Neither the Contractor, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Contractor, subcontractor or any such other person or entity shall seek a jury 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 any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. O. Assignment The 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. 91 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 The section and paragraph headings in this contract are inserted for convenience only and shall not affect in any way the meaning or interpretation of this contract. 1. Minority Participation In order to gain greater Black business participation, the Contractor may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in 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 taw, 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 doc ertinmg o �s greement 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 Hoberman. 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' 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 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 a pct--- - is c ange or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. Under no circumstances will OCED approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the 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 27 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." 3. Termination Because of Lack of Funds In the event of a funding short- fall, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty -four (24) hours written notification to the 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. 26 2. This contract shall expire on December 31, 2005. 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 assests, including program income to support CDBG eligible activites. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Contractor has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph Y, or provide any type of assistance or support to the Contractor if this contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable causes, temporarily suspend the Contractor's operations and authority to obligate funds under this contract or withhold payments to the Contractor pending necessary corrective action by the Contractor or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include: a. Ineffective or improper use of these contract funds by the Contractor or, any of its subcontractors; b. Failure by the Contractor to 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 nA -he,ev R defaultby- the -Contractor, -OCE any Ime suspen 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. 3. OCED will notify the Contractor of the type of action to.be.. taken -in writing -- - by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). OCED will give the Contractor reasonable opportunity to rectify any action or inaction referenced above. C. Termination 1. Termination at Will 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 25 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 shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder, nor shall the Contractor advance CDBG funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Contractor is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that .4. 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," which shall be submitted with all payment requests-and shall clearly identify the completed level of accomplishments met. This requirement shall also apply to soft costs associated with project delivery. 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-Co 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 $100,000. IV. The Contractor and OCED Agree: A. Effective Date 1. This contract shall begin on January 1. 2005. Any costs incurred by the Contractor prior to this date will not be reimbursed by the County. 24 himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Contractor shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. 4. The Contractor shall receive from OCED written prior approval for any subcontract 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. 8. The Contractor agrees that it will not change or substitute. subcontractors or suppliers from the list without prior written approval from OCED. 9. Under no circumstances shall OCED approve the hiring of the Contractor's staff members as subcontractors. X. Additional Funding '„� hatl�oti#y o any a itional 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 23 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. 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; ____f�_Kesult 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 22 b. The 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, along with a check payable to Miami -Dade County for the generated program income, must be submitted quarterly as part of the Fiscal Section of the Contractor's Progress Report as outlined in Section II, Paragraph D.2.a. C. The . Contractor shall report program income for as Tong 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, loan- 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 requestin additional - CDBBG fund . L Any proceeds from the sale of property as detailed in Section 11, 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 21 e. County may require Contractor to give a mortgage on all real property acquired or improved in whole in part with CDBG funds to ensure compliance with the terms of this Agreement. Contractor shall execute any mortgage required by the County and pay any costs associated with recording and perfecting said mortgage. 3. 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 nonexpendable personal property purchased in whole or in part with funds given to the Contractor pursuant to the terms of this contract shall vest in the County and OCED. 4. The Contractor shall obtain 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 o aceordanc —w mstructions 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. 20 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: Q 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.24.1., above, Any real pmperty -under -the- Contractor con ro at 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 purpose for which the improvements were 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. 19 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 w' The term "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: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights. In 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 be anticipated date -#he -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. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 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 7(b) requires that to the greatest 17 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. The Contractor shall submit to OCED all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: ➢ Original contract or its subsequent amendments. ➢ Requests for budget revisions. ➢ Requests for approval of subcontracts. Non- compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for period of three years. 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 artrtnrd]}Wto4h"ce 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 businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Contractor shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low- income residents from Community 16 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section II, Paragraph J of this contract. 9. 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 financial interest, direct or indirect, which would conflict 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 subreci ients which are p iving funds un er a ntitlement 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. The Contractor shall submit to OCED all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: ➢ Original contract or its subsequent amendments. Requests for budget revisions. ➢ Requests for approval of subcontracts. Non - compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. 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 15 N. 3. MIAMI -DADE COUNTY INSPECTOR GENERAL REVIEW According to Section 2 -1076 of the Code of Miami -Dade County, as amended by Ordinance No. 99 -63, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (114) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected 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 (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental 'agreements; (g) insurance contracts; (h) revenue - generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j) professional service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3 -2; (m) federal, state and local government- funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Miami -Dade County Board Nothing contained above shall in any way limit the powers of the Inspector General to perform audits on all County contracts including, but not limited to, those contracts specifically exempted above. Prior Approval e ontractor 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. Under no circumstances shall OCED approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, Paragraph T.1. 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. 14 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 property shall begin upon the date of the final disposition of the property. 2. If the County or the Contractor have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Contractor shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 4. The Contractor shall no if r OCFn in w-flUflgT -bot v uring -the peed cy o 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. 13 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. 6. The Contractor shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 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 al- - - 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. (_. 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: 12 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. 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 acco -r4mc - . 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. 11 If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2...- Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4., Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information - 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts areas follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336,104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Title 111, Public Accommodations and Services Operated by Private Entltlest -1tle-[ 'e1e ommunica ions; 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 10 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 bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7. Domestic Violence Leave Affidavit: Prior to entering into any contract with the 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 Resotutkm R 1st5_-00T as we 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 any 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 required affidavit shall be ineligible for contract award. 9. 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 a period of 36 months from the date of being placed on the convicted vendor list. 0 3. The Contractor shall ensure that the language in this Section 11, 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 discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title,Vill 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 i grounds for midi emen or for commencement of debarment proceedings against the Provider. 3. 1 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. S. 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 8 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. 8. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Contractor shall submit a written notification to the Urban Development 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. 10. For any Housing activities, the Contractor shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Contractor shall ro . written- netifieatiun- to-OCE o a er an30 days upon completion of the coursework. This requirement may be waived for Contractors who demonstrate knowledge of real estate development and organizational management theory as determined by OCED in its sole discretion. OCED shall consider such waiver upon receipt of the written request by the Contractor. 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. 7 previous agreements with the County as specified in Section 11, Paragraph T of this contract. 6. Affirmative Action Plan - The Contractor shall report to OCED information relative to the equality of employment opportunities whenever so requested by OCED. E. Participation in the CDBG Program 1. The 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. F 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 Pa n"—CFR 570.606 o 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. 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 make a good faith effort to address the concerns of the residents of the affected area. The Contractor shall cooperate with 6 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 D.4. of this contract. Copies of the above described Progress Report shall be received by OCED no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Contractor during the previous month. This Progress Report shall not be required if the Contractor is submitting the Progress Reports required by Section 11, 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 11, 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, 2005 through December 31, 2005 and shall be received by OCED no later than January, 10, 2006. 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 11, Section E.S. 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." occur only upon satisfactory completion of environmental review and receipt by [the participating jurisdiction of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on the [participating jurisdictions] determination to proceed with. modifv 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 as required by Section II, Paragraph K of this contract, as set forth below. The Contractor shall submit a written statement from its auditing firm to confirm that it has cleared any non- compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A -133. 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 5 The Contractor shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section 1- 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 number of housing units completed and occupied by low- moderate and low income residents. The Contractor shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section 11- 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 semannuanh +h��� tte o no later than April 11, 2005 and October 10, 2005. 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 11, 2005 and October 10, 2005. 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 12 The Contractors shall indemnify sand 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 shalt 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. 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 submitted with each payment request, including any renewals, prior to payments made by the County. 2. Progress Reports a. The Contractor shall submit a status report using the form attached hereto as Attachment C, "Progress R port "a " OCED, 'c s a 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 11, 2005, July 11, 2005, October 10, 2005 and January 11, 2006. uarterly 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 Contra_ ctors 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. 3 11. The Contractor Agrees: 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 shah comply with the idemnification and insurance requirements outlined in Attachment B -1 of this agreement. All certificates and insurance updates must identify the names of the Contractor and the activity being funded through this agreement. The Contractor must maintain continuous insurance coverage for the duration of the contract period. - 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. The Contractor shall submit all required insurance documents to the Office of Community Development, 140 West Flagler, 10th Floor, Suite 1000, Miami, FL 33130. Any changes to the required insurance policies, including coverage renewals, must be submitted to OCED immediately upon occurrence throughout the contract ueriod. 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 2 CDBG FY 2005 Non- Profit FY 2005 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: 1. Definitions OCED Office of Community and Economic Development or its successor Department 24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant 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. on ract ecor s 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 Subrecipient Contractor Any federal funds received by the Contractor from any source during the period of time in which the Contractor is performing the obligations set forth in this contract. A public agency 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