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04-05-99 SpecialMAYOR: Julio Robaina CITY MANAGER: Charles D. Scurr VICE MAYOR: Armando Oliveros, Jr. CITY ATTORNEY. Earl G. Gallop COMMISSIONER: Horace G. Feliu CITY CLERK: Ronetta Taylor COMMISSIONER: David D. Bethel COMMISSIONER: Mary Scott Russell SPECIAL CITY COMMISSION AGENDA City Commission Meeting Meeting date: April 5, 1999 6130 Sunset Drive, South Miami, FL Next Regular Meeting date: April 13, 1999 Phone: (305) 663-6340 Time: 7:00 PM PURSUANT TO FLA STATUTES 286.0105, -THE CITY HEREBY ADVISES THE PUBLIC THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS BOARD, AGENCY OR COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT ITS MEETING OR HEARING, HE OR SHE WILL NEED A RECORD OF THE PROCEEDINGS, AND THAT FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTES CONSENT BY THE CITY FOR THE INTRODUCTION OR ADMISSION OR OTHERWISE INADMISSIBLE OR IRREVELANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED BY LAN. City of South Miami Ordinance No. 6-86-1251 requires all persons appearing in a paid or remunerated representative capacity before the City Staff, Boards, Committees and the City Commission, to fill out the appropriate form and file it with the City Clerk prior to engaging in lobbying activities. CALL TO ORDER: A. Invocation: B. Pledge of Allegiance: ITEMS (S) FOR THE COMMISSION'S CONSIDERATION: 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS FOR GRANTS, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS, AND TO RECEIVE NEWLY ALLOCATED FUNDS FROM MIAMI-DADE COUNTY OCED, AND EXTENDING FUNDING FOR FUNDS ALLOCATED IN PREVIOUS YEARS. (Mayor Robaina) 3/5 2. Adjournment SPECIAL CITY COMMISSION AGENDA - April 5, 1999 CITY OF SOUTH MIAMI D INTER- OFFICE MEMORANDUM To: Mayor and Commission L From: Charles Scurr City Manager Date: April 2, 1999 Agenda Item # I Subject:: Comm. Mtg. 415/99 Grant Contract Execution This resolution authorizes the City Manager to execute contracts with Miami -Dade County Office of Economic and Community Development (OCED). The first is a new contract for funds allocated this year. We were awarded $50,000 for the CRA project to make safety improvements at Marshall Williamson Park, and an additional $58,000 to complete a traffic calming project at 59 Place and 64th Street. The second contract authorizes the extension of funding allocated in previous years for the Multipurpose Center. This money must be spent before the end of 1999, and we cannot begin drawing down funds for the project until these contracts are executed. This will allow us to proceed with Phase I of the project, which will be constructed at the Murray Park site where we had to demolish an existing structure a year ago. I recommend approval. I RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE 5 CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS FOR 6 GRANTS, AUTHORIZING THE CITY MANAGER TO EXECUTE 7 CONTRACTS, AND TO RECEIVE NEWLY ALLOCATED FUNDS 8 FROM MIAMI -DADE COUNTY OCED, AND EXTENDING FUNDING 9 FOR FUNDS ALLOCATED IN PREVIOUS YEARS. 10 11 WHEREAS, the Mayor and Commission authorized submission of grant applications to OCED for 12 safety improvements for Marshall Williamson Park, and for Traffic Calming for SW 64th Street; and 13 14 WHEREAS, Miami -Dade County Office of Community and Economic Development has awarded 15 $58,000 for the Traffic Calming Project, and $50,000 for the SMCRA Safety Improvement Project for 16 Marshall Williamson Park; and 17 18 WHEREAS, the City of South Miami and Miami -Dade County must now execute a contract in 19 order for the City to receive those Community Development Block Grant funds; and 20 21 WHEREAS, the City of South Miami received funding for construction of a multipurpose center 22 and for a street calming project from OCED, and those funds were not used last year, the Mayor and 23 Commission wish to extend the contracts in order to use the allocation in 1999. 24 25 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 26 CITY OF SOUTH MIAMI, FLORIDA: 27 28 Section 1. That the City Manager and City Clerk are authorized to execute a 29 contract with Miami -Dade County to receive Community Development Block Grant funds, 30 and extend contracts to utilize previously allocated funds. 31 32 Section 2. This resolution shall take effect immediately upon approval. 33 34 35 PASSED AND ADOPTED this day of '1999. 36 37 ATTEST: APPROVED: 38 39 40 CITY CLERK MAYOR 41 42 43 READ AND APPROVED AS TO FORM: 44 45 46 47 CITY ATTORNEY 48 49 50 Attachment A CITY OF SOUTH MIAMI CDBG 1999 January 1, 1999 - December 31, 1999 PARK SAFETY IMPROVEMENTS PROJECT National Objective: Activity benefiting low- and moderate - income persons 570.201(c) 03F - Park, Recreational Facilities Eligibility: Low /Moderate Income Area 570.208(a)(1) Goal: To improve safety and security and reduce crime in the Marshall Williamson Park. This will include the installation of security lights and other safety features and landscaping to eliminate dark, secluded areas that are prone to drug and crime activities. Objective: To improve the safety and reduce crime in the Marshall Williamson Park facilities. Action Steps Completion Date 1. Conduct public workshop for community involvement regarding safety March 1999 2. Secure environmental clearance for site March 1999 3. Prepare bid specifications April 1999 4. Select design firm for lighting and landscaping improvements May 1999 5. Complete lighting and landscaping improvement designs June 1999 6. Meet OCED pre -bid requirements June 1999 7. Advertise for lighting and landscaping contractors July 1999 8. Select qualified contractors July 1999 9. Conduct pre -bid conferences August 1999 10. Complete lighting and landscaping improvements December 1999 11. Contract completion and close out January 2000 l'a�,e 1 ()('2 CDBG FY 39 Municipatity FY 1999 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and City of South Miami, a municipal government organized under the laws of the State of Florida 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 Low and Moderate- income Person Contract Records Federal Award Sub recipient Carttractor Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant A member of low- and moderate- income family i.e., a family whose income is within specified income limits set forth by U.S. HUD. Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction the 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. 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, municipality 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 II. The Contractor Agrees: A. Type of Activity The Contractor shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus area(s) of Miami -Dade. B. Insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. C. Indemnification The 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. The 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. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of than Statute whereby the Contractor shall not he held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the Contractor arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Contractor. 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. Progress Reports a. The Contractor shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by OCED, which shall describe the progress made by the Contractor in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services." The Contractor shall ensure that OCFD receives each report in triplicate (or as indicated) no later than Aprii 12, 1999, July 12, 1999, October 11, 1999 and January 10, 2000. 2 of 25 The Contractor shall submit to OCED a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Contractor 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 dine 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 ill - Minority Business Enterprise: Minority Business Enterprise Report (First and Third Quarter Progress Report) - The Contractor shall report to OCED the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Minority Business Enterprise Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Contractor and submitted to OCED no later than April 12, 1999 and October 11, 1999. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Contractor shall report to OCED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Contractor and submitted to OCED no later than April 12, 1999 and October 11, 1999. 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 3 of 25 shall render the Contractor in noncompliance with this Article. The County may require the Contractor to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. b. Unspecified Site(s) Objective - If the Contractor has not yet identified a location to carry out any of the activities described in Attachment A, the Contractor shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Contractor complies with the provisions contained within Section 11, Paragraph 13.4. 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.1.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report)- The Contractor shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section 11, Paragraph D.9.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, 1999 through December 31, 1999 and shall be received by OCED no later than January 10, 2000. 3. Environmental Review - The Contractor immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Section II, Paragraph E.4. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." The Contractor shall obtain a written Environmental Approval Letter from OCED prior to expending CDBG funds. Failure to comply with this requirement shall result in the revocation of this agreement. 4. Audit Report - The Contractor shall submit to OCED an annual audit report in triplicate as required by Section 11, Paragraph I of this contract as set forth below. S. Inventory Report - The Contractor shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section II, Paragraph Q of this contract. S. 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 4 of 25 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. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Contractor shall obtain, immediately after a site is identified by the Contractor, OCED's written environmental clearance statement and shall agree in writing -to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Contractor shall 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. 6. The Contractor shall, to the greatest extent possible, give low- and moderate- income residents of the service areas opportunities for training and employment. 7. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Contractor shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and/or industry) is in question, the Contractor shall contact the above mentioned unit prior to making a determination. Contractors receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Oct of 1970, as amended. 8. The Contractor shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must cor.sist of actions to provide information and attract eligible persons from all rw iat, 5 of 25 ethnic and gender groups to the available services. The Contractor shall annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these requirements. The Contractor shall submit to OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. F. 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 24 CFR Part 85, OMB A -128, OMB A-87, and with the applicable procedures specified in OCED's Contract Compliance Manual, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The 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 Vlll of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. 3. If the amount payable to the Contractor pursuant to the terms of this contract is in excess of $100,000, the Contractor shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. ,1857 h), as amended; the-Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Contractor shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 The Contractor shall attest to; and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Compliance with Miami -Dade County Ordinance 98 -30 County Contractors Employment and Procurement Practices - All firms with annual gross revenues in excess of $5 million,- seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on -file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately 6 of 25 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 proposais/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 biddedrespondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: a. Miami -Dade Employment Family Leave Plan Affidavit b. Miami -Dade County Cuba Affidavit C. Miami -Dade Employment Drug -Free Workplace Affidavit CL Disability Nondiscrimination Affidavit e. Affirmative Action Plan Exemption Affidavit L Affirmative Action Plan /Procurement Policy Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even If the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 - 336,104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Title 111, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2 The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 - 3631. G. Conflicts with Applicable Laws 7 of 25 If any provision of this contract conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this contract, as modified, shall continue and all other provisions of this contract shall remain in full force and effect. H. Construction If the 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; and other related acts, as applicable. 4. Submit to OCED for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 6. Contact the OCED representative noted in Section IV, Paragraph K prior to scheduling a pre - construction conference. In accordance with industry standards, OCED will hold 10% of the total grant award as a retainer until the completion of the construction work is verified by OCED through a Certificate of Occupancy. I. Audits and Records 1. The Contractor expending $300,000 or more annually in federal awards' shall have a single or program specific audit conducted in accordance with OMB A -133. The Contractor expending federal awards of $300,000 or more under only one federal program may elect to have a program- specific audit performed, in accordance with OMB A -133. Contractors who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Contractor expending less than $300,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These Contractors are required by OCED to subirt:' -I "reduced scope" audits (e.g., financial audits, performance audits). ;":"hey may o-- choose instead of a reduced scope audit to have a prr;A ;.m audit 8 of 25 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 A433. A copy of the audit report in triplicate must be received by OCED no later than six (6) months following the end of the Contractor's fiscal year. 4. The Contractor shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract S. The Contractor shall main-fain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 6. The Contractor shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 7. The Contractor shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this contract and defined by OCED, each of the record - keeping and audit requirements detailed in this contract OCED shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. J. Retention of Records 1. The Contractor shall retain all Contract Records for a period of at least three (3) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity the Contractor must retain all contract records except those relating to real and nonexpendable personal property. 9 of 25 C. For all other CDBG assisted activities the Retention Period shall begin upon U.S. HUD's acceptance of OCED's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this 'Section II, Paragraph J.1.c., the Contractor must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. if the County or the Contractor have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3. The Contractor shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 4. The Contractor shall notify OCED in writing, both during the pendency of this contract and after its expirations part of the final close -out procedure, of the address where all contract records will be retained. S. The Contractor shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention . Period. K. Provision of Records 1. The 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 regulated by 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 regulatory agencies issuing the reports. L Prior Approval The Contractor shall obtain prior written approval from OCED prior to 4ndertaking " anv of the followina: _ 1. The engagement or execution of any subcontracts or contract assignments, wherein CDBG funds will be used to pay for goods or services. The contractor must submit all proposed agreement documents to OCED at least thirty (30) days prior to the start date of the agreement. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. S. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section II, Paragraph Q.1. of this contract. 6. All out -of -town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section 11, Paragraph H of this contract. 9. The disposal of all contract records as provided for in Section II, Paragraph J of this contract. M. 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 anyway 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. N. Conflict of Interest 1. Procurement: The Contractor shall comply with the standards contained within 24 CFR Part 85.36. 2. All Other Cases: The Contractor shall comply with the standards contained within 24 CFR Part 570.611(2). 3. The Contractor shall disclose any possible conflicts of interest or apparent ins proprieties of any party that are covered by the above standards. The 'itractor shall make such disclosure in writing to OCED immediately P,. nn the Contractor's discovery of such possible conflict. OCED will then re der an opinion which shall be binding on all parties. I l of 25 O. Publicity, Advertisements and Signage 1. The Contractor shall ensure that all publicity, public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block, Grant (CDBG)_for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize OCED contracted activities must be approved by OCED prior to being posted and must also meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo is permissible 2. The Contractor shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents. The signs shall be made of % inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather- resistant colors and materials. The Contractor shall place the signs, securely braced and mounted, as shown on the typical project sign placement diagram or as directed by the engineer. All materials shall be provided by the Contractor and the signs shall remain in the property of the Owner at the completion' of the contract. NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WiTH THE DETAIL SHOWN IN ATTACHMENT F. For this project signs will be required. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. P. 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 Development focus and service areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Contractor must direct federal financial assistance toward Target Area residents and ensure that employment and economic opportunities be given to low and very low-income persons, particularly those e who are .recipients of government assistance for housing according to the guidelines mentioned below: 1. in conformance with Section 3 of the Housing and Community Development Act of 1968, the Contractor must direct federal rinancing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low- income: persons, particularly those who 12 of 2; 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 panties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor, has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations. under 24 CFR part 135. 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 extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract th .'t are subject to the provisions of section 3 and section 7(b) agree to comply of 25 with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Q. Property 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Contractor shall comply with the real property requirements as stated below: a. Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives required by and defined in 24 CFR Part 570.208 for five (5) years following the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this contractor such longer period as determined by OCED -then the Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement, to, the property. Reimbursement is not required a:�j ,. the period of time specified in Paragraph Q.2.a.1., abov 14 of 25 b. Any real property under the Contractor's control that was acquired or improved in whole or in part with CDBG funds from OCED for $25,000 or less shall be disposed of; at the expiration or termination of this contract, in accordance with instructions from OCED. C. All real property purchased in whole or in part with funds from this and previous contracts with OCED, or transferred to the Contractor after being purchased in whole or in part with funds from OCED, shall be listed in the property records of the Contractor and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Contractor; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic 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 when and as requested by OCED. This report shall include the elements listed in Paragraph 0.2.c., above. 3. The Contractor shall comply with the nonexpendable personal property requirements as stated below. a. All nonexpendable personal property purchased in whole 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 when and as requested by OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Contractor pursuant to the terms of this contract shall vest in the County and OCED. 4. The Contractor shall obtain the prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the Contractor or subcontractor rsuan u p t to the terms of this contract. The Cont=-a -.tor shall dispose of all such property in accordance of 25 with instructions from OCED. Those instructions may require the return of f all such property to OCED. R. Program Income 1. Program income as defined in 24 CFR Part 570.500 means gross income received by the 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. N the Contractor generates program income, the Contractor may retain the program and use it for costs that are in addition to the approved costs of this contract, provided that such costs specifically further the objectives of this contract. These additional costs need not be of a kind that would be permissible as charges to this contract. However, the 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. 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 must be submitted quarterly as part of the Fiscal Section of the Contractor's Progress Report as outlined in Section 11, Paragraph D.1.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. j 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 j programmatic costs, and operational costs for the same revolving loan activity before the Contractor may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. i. Any proceeds from the sale of property as detailed in Section II, Paragraph Q.4., above, shall be considered program income. j. The Contractor shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this contract, the Contractor shall transfer to the County any program income funds on hand, and any program income accounts receivable attributable to any CDBG funded activities. 4. OCED, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of program income generated by the Contractor, and such action shall not require an amendment to this contract. S. Travel The Contractor shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual. T. Subcontracts and Assignments 1. The Contractor shall ensure that all subcontracts and assignments: a. Comply with all requirements and regulations specified in OCED's Contract Compliance Manual; b. Identify the full, correct, and legal name of the party; C. Describe the activities to be performed; d. ' Present a complete and accurate breakdown of its price component; e. Incorporate a provision requiring compliance with all applicable a regulatory and other requirements of this contract and with any conditions of approval that the County or OCED deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above, and; 17 of 25 f. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 2. The Contractor shall incorporate in all consultant subcontracts this additional provision: The Contractor is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Contractor. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Contractor shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4. The Contractor shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Contractor shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this contract or the right to receive benefits or payments resulting from this contract. 6. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon this contract. U. Additional Funding The Contractor shall notify OCED of any additional funding received 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. V. 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 must adequately justify their absence in writing and furnish copies of those documents to OCED. The Contractor shall be paid only for those 18 of 25 expenditures contained within Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted to OCED no less frequently than monthly. Failure to comply may result in rejection of invoices. 3. In no event shall the County provide advance CDBG funding to the Contractor or to any subcontractor hereunder nor shall the Contractor advance CDBG funds to any party. 4. Any payment due under the terms of this contract may be withheld pending the receipt and approval by OCED of all reports and documents which the Contractor is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. No payments will be made without evidence of appropriate insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Contractor no more than sixty (60) calendar days after the expiration or termination of this contract. If the Contractor fails to comply with this requirement, the Contractor will forfeit all rights to payments if OCED, in its sole discretion, so chooses. 6. Within thirty (30) calendar days after this contract expires or is terminated, the Contractor shall provide to OCED a list of all invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED. Any invoice received by OCED, subsequent to receipt of this list by OCED which reflects a cost not included on this list will not be paid. OCED must receive the final request for payment from the 'Contractor no more than sixty (60) calendar days after the expiration or termination of this contract. If the Contractor fails to comply with this requirement, the Contractor will forfeit all rights to payments 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 for any reason, shall be recaptured in full by the County. W. Reversion of Assets The Contractor shall return to OCED, upon the expiration or termination of this contract, any funds on hand, any accounts receivable attributable to these funds, and any overpayments due to unearned or costs disallowed pursuant to the terms of this contract that were disbursed to the Contractor by the County. Any funds not earned, as described and provided for in OMB A-87, by the Contractor prior to the expiration or termination of this contract shall be retained by OCED. tlt. The County Agrees: 19 of 25 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 $108,000. IV. The Contractor and OCED Agree: A. Effective Date 1. This contract shall begin on January 1, 1999. Any costs incurred by the Contractor prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31, 1999. Any costs incurred by the Contractor beyond this date will not be paid by the County. 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 11, Paragraph V, 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 comply with any term or provision of this contract; C. Failure by the Contractor to submit any documents required by this contract; or d. The Contractor's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Contractor, OCED may at any time suspend the Contractor's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 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 Dual 20-o_'25 This contract, in whole or in part, may terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be in the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination for Convenience OCED may terminate this contract, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. 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 in determining whether or not funds are available. OCED may at its discretion terminate, renegotiate and /or adjust the contract award, whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the 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 the 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. Penaltlf-;z for Fraud, Misrepresentation or Material Misstatement In acc �� cr - t ce with the Code of Miami -Dade County, Section 2- 8.4.1, any indiviet or corporation or other entity that attempts to meet its 21 of 25 contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts with such individual or subcontracted entity it has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. 7. Payment Settlement If termination occurs, the Contractor will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. ©. Renegotiation or Modification Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this contract if OCED, in its sole and absolute discretion determines that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations. 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 er re nests from the Contractor shall be in writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Contractor be rescinded by action from the Board of County Commissioners, written notificaticn via 22 of 25 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 Service, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. M Disputes In the event an unresolved dispute exists between the Contractor and OCED, OCED shall refer the questions, including the views of all interested parties and the recommendation of OCED, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise OCED and the Contractor or in the event additional time is necessary, OCED will notify the Contractor within the thirty (30) day period that additional time is necessary. The Contractor agrees that the County Manager's determination shall be final and binding on all parties. HL 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. L 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. .ii. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. K. Independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order 3 -20, the Contractor is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Contractor shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Contractor's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms 23 of 25 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 David Sweet. The Contractor's representative for this contract is Charles D. Scurr, City Manager, City of South Miami. The Contractor's principal office is at 6130 Sunset Drive, South Miami, Florida 33143. In the event that different representatives are designated by either party after this contract is executed, or the Contractor changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment is made to the Contractor's assignee, the name and address of the official payee is: N/A N. Waiver of Trial Neither the Contractor, subcontractor, nor any other person liable for the responsibilities, obligations, services and r�pr6sent3tions herein, nor any assignnee, 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. All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A - Scope of Services; Attachment B - Budget; Attachment C Progress Report; Attachment D information for Environmental Review Attachment E - Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. 24 of 25 IN VOTNESS THEREOF, the parties hereto have caused this twenty -five (25) page contract to be executed by their undersigned officials as duly authorized, this day of 199 . CONTRACTOR: CITY OF ' BY: NAME: Charles D. Scurr TITLE: City Manager DATE: ATTIESST BY:e DATE:J W, tesses:l BY: (Signature) Type of Print Name BY: (Signature) Type of Print Name Federal ID Number: 59- 6000394 Contractor's Fiscal Year Ending Date: Resolution #: R- 1287 -98 CORPORATE SEAL: MIAMI -DADE COUNTY BY: NAME: Merrett R. Stlerheim TITLE: County Manager ATTEST BY: TITLE: Clerk. Board of County Commissioners CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES DESCRIPTION 01 Personnel 02 Contractual Services 03 Operating Expenses 04 Commodities 90 Capital Outlay TOTAL Attachment B CITY OF SOUTH MIAMI CDBG 1999 January 1, 1999 - December 31, 1999 OCED OCED OTHER TOTAL PARK SAFETY TRAF. CALM FUNDS FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $50,000 $58,000 $47,500 $155,500 $50,000 $58,000 $47,500 $155,500 Page -i of 2 Attachment B CITY OF SOUTH MIAMI CDBG 1999 January 1, 1999 - December 31, 1999 PARK SAFETY IMPROVEMENTS PROJECT DESCRIPTION OCED FUNDS S. MIAMI FUNDS TOTAL 91110 Land Improvements $25,000 $0 $25,000 94113 Const. Cost - Architect $5,000 $0 $5,000 94212 Other Const. Costs - Admin. $0 $7,500 $7,500 99130 Lighting - New & Improvements $20,000 $15,000 $35,000 TOTAL $50,000 $22,500 $72,500 TRAFFIC CALMING PROJECT DESCRIPTION OCED FUNDS CRA FUNDS TOTAL 91110 Land Improvements $0 $25,000 $25,000 94210 Prime Contractor $58,000 $0 $58,000 Construction TOTAL $58,000 $25,000 $83,000 f'zue 2 of 2 lilllil.Al'111V1 V OFFICE OF CON NU) ECONOMICDEVELOPMENT PROGRESSREPORT i ADDRESS TELEPHONE NUMBER FAX NUMBER AGREEMENT AMOUNT FUNDING SOURCE CONTRACT PERIOD REPORTING PERIOD REPORT NUMBER INSTRUCTIONS: List all the activities (by title and by assianed activity #) mentioned in the aareemer identified above. ,Name and Title lof Person Authorized to Certif}, accuracy of the Report Signature Date NAME ADDRESS TELEPHONE NUMBER FAX NUMBER AGREEMENT AMOUNT _LL PROGRESS REPORT GENERAL INS TR UCTIONS Type or print the name of the organization. Type or print the address of your organization. Print the telephone number of your organization. Print the fax number of your organization. Print the total amount of OCED funds under this contract (only the contract covered by this report). FUNDING SOURCE Indicate the funding source for the contract or the amendment covered by the report (e.g., CDBG, HOME, HATF, SHIP, ESG.) CONTRACT PERIOD Enter the dates when the contract period began and when the contract period ended. REPORTING PERIOD Enter the dates when the report period began and when the report period ended.. - REPORT NUMBER There are four reports each year, one each quater. Indicate the numerical sequence of this report. CONTRACT ACTIVITIES List the titles of the activities covered by this report. IDENTIFICATION NUMBER List the identification number for each of the activity listed on this report (contact your OCED Planner for this information). NAME AND TITLE OF Self explanatory. PERSON AUTHORIZED TO CERTIFY ACCURACY OF THE REPORT SIGNATURE The signature of the person who certified the accuracy of the report. DATE Print the date xhen your organization submitted the report to OCf:D. Paae 2 of 26 SECTIONI• STATIIS OF COA ITRA CT A CTI VITIES ACTIVITY TITLE• GOAL: INSTRUCTIONS: List the objectives associated with the activity mentioned above and their achievement to date. INSTRUCTIONS: In brief terms, list the action steps associated with the activity mentioned above, then complete the chart using the categories mentioned in each of the columns below (attach additional pages if necessary): Identification of Variables Enhancing or Preventing Achievement of Program Objectives and Action Step; SECTION I: STATUS OF CONTRACT ACTIVITIES GENERAL INSTRUCTION Your organization must complete this section for EACH activity covered in your contract or agreement. AG'TTVITY TITLE List the title of the activity being reported on as it appears in the Scope of Services of your organization's agreement. GOAL Describe the goal that the activity will achieve. TABLE I In BRIEF TERMS, describe each objective associated with the activity. For each objective, describe in quantifiable terms- the cumulative achievement. TABLE II In BRIEF TERMS, describe the action steps of the activity mentioned above. On the chart, indicate the projected completion date, projected units of service and actual units of service for each action step. TABLE III: In BRIEF TERMS, describe those variables that either enhanced or prevented the achievement of the proposed objectives and action steps. Page 4 of e6 +,a �c N O H do O a � E � o CZ Iii � Z = ^ 0. ei i-- —TT LLI m J V C d C a 42 7,T z 'Q L w = r�� E 7 � E- c X *� V U c Q =. :4 77 2 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 acitivities from the beginning of the contract date through the cut -off date covered by the report. BUDGET AND EXPENDITURES APPROVED BUDGET PROJECTED REIMBURSED For each category, list the amount of funds allocated in the most recent approved OCED budget for your contracted activity. List the the project expenditures through the cut -off date of the report for each of the budget categories. 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 FOR NEXT REPORTING will be incurred in the implementation of the contracted PERIOD activities through the end of the next reporting period.. PROJECTED CUMULATIVE List all the expenditures that your organization anticipates EXPENDITURES BY will be incurred in the implementation of the contracted THE END OF CONTRACT activities through the end of the contracted period PERIOD PROGRAM INCOME USAGE List the identification numbers for EACH income generating activity in the agreement. Indicate the amounts used under each budget category. Page 6 of 26 �1 N iZ W W C M 4 a d Lo V" M PIO MM t-2 Z� L ate. O cu �C ^r 4 e U `O a l zW o0 emf �o v�z z °WzuW) > e C v 7 a ZO cy o c0 N _ o. o e- oo a c 4 `n s 4 a c � L O 7 C 4 L s e •= � �°ZcnaG:ni G caco z' c c� v �a z d � 4 C 'n O F Z F s. O uJC°Cu cu �yZ�O i z z o ¢zQ Z y e v z O . .-r p Q � U C N z F-- O , z C o✓S W W V C:3 z m • -4 >4 a C) v_cn � o CL- � 7 Z� L ate. O cu �C ^r 4 e U `O a l zW o0 emf �o v�z z °WzuW) > e C v 7 a ZO cy o c0 N _ o. o e- oo a c 4 `n s 4 a c � L O 7 C 4 L s e •= � �°ZcnaG:ni G caco z' c c� v �a z d � 4 C 'n O F Z F s. O uJC°Cu cu �yZ�O i z z o ¢zQ Z y e v z O . U N F-- z C o✓S C:3 z m • C) v_cn o CL- LL- Q LAJ Q w f1 � • U w Z S n w p �C-3 ._ CL- ` Q 0 0 LLJI._ W Z O ' _ . S W ..1 w II cn w 0 a 0 • Z ro Q Q _ Q.Q Z� L ate. O cu �C ^r 4 e U `O a l zW o0 emf �o v�z z °WzuW) > e C v 7 a ZO cy o c0 N _ o. o e- oo a c 4 `n s 4 a c � L O 7 C 4 L s e •= � �°ZcnaG:ni G caco z' c c� v �a z d � 4 C 'n O F Z F s. O uJC°Cu cu �yZ�O i z z o ¢zQ Z y e v z SECTION III: MINORITY BUSINESS ENTERPRISE DATA GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. SPECIFIC INSTRUCTIONS NAME OF CONTRACTOR/ Enter this information only once on each report for each SUBCONTRACTOR OR firm. Receiving funds through your organization's VENDOR. ADDRESS AND contract with OCED.. TELEPHONE NUMBER: VENDOR ID #: Enter the Employer Number that I.R.S. has assigned to the VendoriSubcontractor. Each vendor must have unique identifier. PRIME CONTRACTOR Enter the Employer Number that I.R.S. has assigned to the ID #: Prime Contractor as a unique identifier. This information must be provided for I each vendor listed. RACE/ETHNIC GROUP: Enter the numeric code f I through 6) that identifies the racial/ethnic background of the owner(s) and controller(s) of 51% of the business. If 51% of the business is not controlled by any single racial or ethnic group, then enter the code that seems most appropriate. The codes are listed at the bottom of the forth. TYPE OF TRADE: Enter the numeric code that best describes the contractor 's /subconbtractor'slvendor's services. The codes are mentioned in the front of this page. .MOUNT OF Enter the total amount expended for goods. services, CONTRACT/ suppliesrand/or construction costs for each vendor, contract SUBCONTRACT and subcontract. In cases where commodities or OR PURCHASE: equipment purchases comprise the majority of the expenditures for the period, then combine ail 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 AMERICANS CHART NUMBER OF CONTRACTORS, Enter the 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 fur,"s expended by your organization during the reporting period. Page 8 of 26 0 q V W h Ca w _Z Q 4d cr- n O n O :H O_`X U Q p W r U d Q a !-- U Q Q W r U W a w Z eC n- O r I:C y iE n- O ME 3a O r U x � � U Q r Q • _ Q W r U W X w Q z cn w i I i Z Ca w _Z Q 4d cr- n O n O :H O_`X U Q p W r U d Q a !-- U Q Q W r U W a w n- O r I:C n.o n- O ME 3a O r U x U Q r Q • _ Q W r U W X w Q z cn w i I i AC77VITYSUMMARY: ECONOMIC DEVELOPMENT GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. CDC NAME AND ADDRESS: List the names and addresses of the Community Development Corporations assisted during the reporting period. TYPE OF ASSISTANCE In BRIEF terms, describe the type of assistance provided PROVIDED: PERIOD OF ASSISTANCE: Enter the dates when the assistance began and when the assistance ended. JOB CREATION AND RETENTION CHART INSTRUCTIONS: 1) Enter the names of the businesses assisted during the reporting period. Enter the expected and actual number of jobs created. Indicate the expected number and actual number of jobs that were created for low or moderate- inccome persons. 2) Enter the expected and actual number of jobs retained. Indicate the expected number and the actual number of jobs that were retained by low /moderate- income persons. Pace 10 of 26 q Q 0 a►; F F v i i a c a s c. c 1 C e a C T a t c a a� c� ca Q a� s ct .y t� U a) s �o N 4. O a. >d c c c n c � U � Q F �o N 4. O a. >d c c � Q F r c�3o° z of F � F w � wOp m O d t � C F �3Q 0 e z � F U 163 °0 o.. i i > w st Q � i �O va,R U Z dq W2 da � I i w m a 0 d t , I �o N 4. O a. >d c c ACTITjITYSUMMARY- COMMERCIAL AND INDUSTRIAL G NnUL INSTRUCTIONS ACtWI Y TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. AL-rZ i1W NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. BUSINIESS NAME AND ADDRESS: List the name and address of each business assisted during the repmting period. ASSISTANCE PERIOD: Enter the dates when the assistance began and when the assistance ended. SQUARE FOOTAGE: Enter the square footage of the particular development JOB STATUS: - 1) For EACH business assisted-during the reporting period, enter the expected and actual number of jobs created for low -and moderate - income persons. 2) For EACH business assisted during the reporting period, enter the expected and actual number of jobs retained for tow -and moderate- income persons. Page 12 of 26 ACTIVITYSEMMARY.• TECHNICAL ASSISTANCE CBBGNONPROFIT ORGANIZATION CAPA CITY BUILBING PROJECT TITLE: GPR ACTIVITY NUMBER: INSTRUCTIONS Complete the chart using the categories mentioned in the columns below: HOUSING DEVELOPMENT AND REHABILITATION INSTRUCTIONS: Complete the chart using the categories mentioned in the columns below: ACTIVITY SUMMAR K TECHNICAL ASSISTANCE GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. (DC NAME AND ADDRESS: List the names and addresses of the Community Development Corporations assisted during the reporting period. TYPE OF ASSISTANCE PROVIDED: In BRIEF terms, describe the type of assistance provided. PM OD OF ASSISTANCE. Enter the dates when the assistance began and when the assistance ended. HOUSING DEVELOPMENT AND REHABILITATION 1) Enter the names of the Community Development Corporations assisted during the reporting period. Enter the expected and actual number of new housing units developed. Indicate the total number of units that were developed for low/ moderate income persons. 2) Enter the expected and actual number of housing units rehabilitated. Indicate the total number of units that were rehabilitated for low/ moderate-income persons. Page 14 of 26 10 N O r d � 4 w rn w A A d w ❑ w d � a © a cl CAU ❑ U oL' rte, �+- > Z z zo c. ,. 1 SECTIONIY: NEIGHBORHOOD EMPLOYMENT OPPORTUNITIES DATA GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION: Enter the specific location where the activity is being performed. NUMBER OF FEMALE Enter the number of female- headed households HEADED HOUSEHOLDS assisted during the reporting period. EMPLOYMENT DEMOGRAPHICS CHART INSTRUCTIONS: Indicate the number of persons employed through the implementation of the. contracted activity during the reporting period. This information must be based on the individual's income level, gender, and ethnicity. �V O ev 0 or a. d .a z � , O ev 0 or a. ACTIVITY SUMMARY: PUBLICSERVICES GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. ACTIVITY NUMBER: Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION: Enter the specific location where the activity is being performed. NUMBER OF FEMALE Enter the number of female- headed households assisted during the HEADED HOUSEHOLDS reporting period. PERSONS SERVED INSTRUCTIONS: Indicate the number of persons served during the reporting period according to their income level, gender, and ethnicity. 0 F z, Q a 0. V Z Q a CC z w ui a 4 w � 0 d ¢ w F- Q 0 : N I- O milli i i W W Q . v3 D w ` � 6. -Z� O C 4 � U _l O 7 Cl C� Q -' O h z o_ cZ m m r F z w ui a 4 w � 0 d ¢ w F- Q 0 : N I- O milli i i W W Q . v3 D w ` � 6. -Z� O C 4 � U _l O 7 Cl C� Q -' O h z o_ z w to W O CL. } a 0 U Co Z acn W O z z � w cn � 4 � 0 � C1 Z J Q U Q.. 1 Z z o =3 NEI F- z w Cn na¢ w U CD J Z w O Z�° U3 t a O W Z� cn I CD a 0 C H C C 7 y G O IN U s F�1 •U U V, U C' Z Z — 1 _ : N I- O i i W W Q . v3 D � W O t a O W Z� cn CD Z. S o LJ Z Q U Q z Q S W ..' Z^ Q U cr- W Q a Q Q � r v z CC Cl- C-1 .1 CQ. V Z EL- C/3 Z O Z F— 3 U Z 2 Z cr- C/3 a cn v3 �. o a C1 z m = rn � W !n cn i �o N O a bL 4 ACTIVITYSUMMARY.• HOUSING GENERAL INSTRUCTIONS ACTIVITY TITLE: Enter the title of the activity being repotted as it appears on the your approval Scope of Services. Use one form for each activity. ACTIVITY NUMBER Enter the identification number assigned to the activity. Contact your OCED Planner for this number. LOCATION: Enter the specific location where the activity is being performed. W(RA 3ER OF FEMALE Enter the number of female- headed households assisted during the HEADED HOUSEHOLDS reporting period.. HOUSING DEVELOPMENT CHART ItWMUCTIONS: 1) Indicate the number of units and the amount of funds used for rehabilitated or new housing units using the following categories: units financed, units under construction, units completed, and units sold/occupied during the reporting period. 2) Indicate the number units and the amount of funds used for single and multi- family housing development units using the following categories: units financed, units under construction, units completed, and units sold/ occupied during the reporting period. OCCUPANCY CHARACTERISTICS CHART INSTRUCTIONS: Indicate the number of persons receiving housing services during the reporting period according to their income level, gender, and ethnicity. Page 20 of 26 �54 C4 E uj 00 U.1 RA UA CL cc 0 1 OJ LU LU CL x 0 Lu O U4 cv LU -K M U. LU ca 0 ca w !2 161 N O CA: W V41 ACTIVITY SUMMAR Y.• BUSINESS FINANCING GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: BUSINESS NAME AND ADDRESS: ASSISTANCE PERIOD: Enter the title of the activity being reported as it appears on approved Scope of Services. Use one form for each activity. Enter the identification number assigned to the activity. Contact your OCED Planner for this number. List the name and the address of each business assisted during the reporting period. Enter the dates when the assistance began and when the assistance ended. FUNDING: In the appropriate column, indicate for each business the amount of funding received from OCED, from other public funding sources, and from private sources. Indicate the total of these funding sources in the column marked TOTAL. JOB STATUS: 1) For EACH business assisted during the reporting period, enter the expected and actual number of jobs created for low /moderate- income persons.. -. 2) For EACH business assisted during the reporting period, enter the expected and actual number of jobs retained for low /moderate- income persons. ,� Page 22 ,if 26 W W M 413 W .a F F `.i ti ME Iler t r a t a G. EARNED INCOME PART C. REVOLVING LOAN GENERAL INSTRUCTIONS 1) )Revolving Loan program income must be reported separate from other types of program income. 2) )This portion of the report should only contain OCED contracts Revolving Loan Fund income 3) )This income must be reported cumulatively for the contract period for as long as the Contractor is holding program income, loan receivables, or both. 4) )Indicate under PAYMENTS ON LOANS the payments made by borrower or principal and interest and the income from the resale of loans. 5) )Indicate under INVESTMENT INCOME the income earned from the deposits or investment of RLF cash receipts in a bank or other type of financial institution. PART D: NON -RLF EARNINGS GENERAL INSTRUCTIONS 1) )Report income received under the current contract period. 2) )For Non -RFL income from prior contracts, your organization must report on the prior period the earnings and the balance at the conclusion of the preceding contract; DO NOT include any other Non -RFL amounts from prior contracts anywhere else on this report. 3) )For Non -RLF income from prior contracts, your organization must report on a separate earned income report any - amount that your organization may be holding or received during the current period if there has been an interruption in the contractual relationship with OCED Page 24 of 26 AO'T UTYS7111 AURY.• COlfll{?ERCIAL REVITALIZATION PROJECT TITLE: GPR ACTIVITY NUMBER: INSTRUCT OM: Complete the chart using each of the categories mentioned in the columns below: Pn7Q 25 nf?6 ACTIVITYSUMMARY. COMMERCIAL REVITALIZATION GENERAL INSTRUCTIONS ACTIVITY TITLE: ACTIVITY NUMBER: BUSINESS NAME AND ADDRESS: ASSISTANCE PERIOD: Enter the title of the activity being reported as it appears on the Scope of Services. Use one form for each activity. Enter the identification number assigned to the activity. Contact your OCED Planner for this number. List the name and address of each business assisted during the reporting period. Enter the dates when the assistance began and when the assistance ended. FUNDING: In the appropriate column, indicate for each business the amount of funding received from OCED, from other public funding sources, and from private sources. Indicate the total of these funding sources.in the column marked TOTAL. Page 26 of 26 U.S. HUD SECTION 3 REPORT Economic Opportunities for Low & Very Low - Income Persons in Connection with Assisted Projects AGENCY NAME: PROJECT NAME: AGENCY ADDRESS: CONTRACT AMOUNT: S PERIOD REPORTED: QTR 1 Z 3 4 (etnctzom REPORT REVIEWEDIAPPROVED BY: TELEPHONE #: (siGNKrUM PART ONE - EMPLOYMENT & TRAINING - To be completed for each project and submitted quarterly to OCED by April IS, July 15, October 15 and January 15. PAR TWO - SUBCONTRACTS AWARDED - for goods and services associated with this project. A a C D TYPE OF CONTRACT Total S Tom G NUMBER OF SECTION 3 BUSINESSES RECEIVING A B C D E F RACIAL/ETHNIC CODES JOB CATEGORY Total New Total New % of New Total Total % of 6 Hasidic Jew ONSTRUCTION i Hires Hires Employe Employee Employee I Z 3 4 5 (Total of who are Hires that are Section Trainee Trainee Trainec White African Native Hispanic Asian Column G. Sections 3 3 Residents Hours Hours Hours Amer. Amer. Amer. Amer. or 1 -5) Resident (13/A) Worked worked Worked by by by Section 3 Section 3 Amer. Residents Residents (E / D) ROFESSIONAL ECHNICIAN FFICEf LERICAL ONSTRUCTION Y TRADE LIST) BADE: BADE: BADE: BADE: TRADE- THER: OTAL: PAR TWO - SUBCONTRACTS AWARDED - for goods and services associated with this project. rage i of Office ctiCuinmunitc and E:cr•iomtc De-.6opment A a C D TYPE OF CONTRACT Total S Tom % B.TO A NUMBER OF SECTION 3 BUSINESSES RECEIVING Amount of S Amount of CONTRACTS BY RACIAL/ETHNIC IDENTIFICATION Contract Awarded Contract Awarded to Section 3 Businesses 1 White American 2 Alan American 3 Native American 4 Hispanic American 5 Asian-Pasific American 6 Hasidic Jew ONSTRUCTION i LION- CQNSTRUCTION J rage i of Office ctiCuinmunitc and E:cr•iomtc De-.6opment l U.S. HUD SECTION 3 REPORT PART THREE - SUMMARY- Indicates the efforts made to direct the employment and other economic opporrtmities- generated by HUD financial assistance -for housing and community development programs, to the greatest extent feasible, toward low - and very low- income persons, particularly those who are recipients of government assistance for housing. (Check all that apply.) Q Anempted to recruit low-income residents through: local advertising media, signs prominently displayed at the tproject sit, 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 siituilar Q Pipated in a HUD program or other program which promotes the training or employment of Section 3 Residents. O 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. O Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered pt+oject is located. Q Other, describe below. Page 2 of 2 Offk5r,uf ammunit% -i:-u : m eic Development Funding Source (circle) and Year: CDBG; HOME; HOPE 3; HOMELESS; HOPWA Name of SubrecipientlAgency: Name of Proposed Activity: Location (Folio Number and Address) of Proposed Activity: AT &CMMHT D FY 199„_, Name, address, and phone and fax numbers of loan/grant recipient: Detailed description of project (include work program and/or scope of service and if this is a rehabilitation project, attach itemized budget). Part 1. Will the activity result in the following? Yes No Change in use Sub- surface alteration (i.e. excavations) New construction Renovation or demolition Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc.) Displacement of persons, households or busir.;es-s Increase in population working or living on.s+-, Land acquisition Activity in 100 -ye2r floodplain Yes No Page 2 of 5 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 (Le. 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). Part II. Site Inforniz6on A. Land. use (please describe) • :Existing • Proposed B. If actiy 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: • EA Ling structure(s) on site ves no • -`ed age of structure(s) C. Other Site Information Flood insurance Public water Public sewer Children or child under 7 years of age residing on site (including day care facility) or relocating to it Hazardous waste disposal facility Storage of hazardous materials Abandoned structure(s) Page 3 of 5 Yes No D. If the proposed activity includes a new structure(s) or site improvements on a site of one (1) acre or more, a site plan must be provided. Project(s) will not be environmentally reviewed without a site plan. E. If the proposed activity includes rehabilitation or renovation of structure(s), indicate the approximate value of the improvement. 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) Page 4 of 5 F. If the proposed activity involves the transfer of any property, new construction or a securing of a loan for a nonresidential parcel, provide a Phase I Environmental Audit determining the likely presence of either a release or threatened release of a hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid wastellandfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DEW, Florida Department of Enviriomental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and inspecting the site for physical evidence of contamination such as damaged vegetation or stains in the soil. 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. • Has any child under the age of seven at the site been tested for elevated levels of lead in the body? 1. Maps - show location of property in the County and/or City and a streetiplat map with the location or lot clearly pointed out 2. For housing/building rehabilitation projects only, a budget describing the major components of the rehabilitation program planned, aad a photograph of the property. 3. For historic proprieties, include: ftotographs of the property, and a description of any adjacent historic properties that may be affected by your activity. I certify to the accuracy of the above information. Name Title Date Name of Organization or Corporation If you have any questions or comments in regards to this form, please contact Pat Moore of Miami -Dade Department of Planning, Development and Regulation at 375 -2805, or A.B. Mumford of the Office of Community Development, at 375 -3433. Unless otherwise indicated, this completed form and attachments should be forwarded to: Community Development Division Director Office of Community and Economic Development 140 West Flagler Street, Suite 1000 Miami, Florida 33130 6/1/92 Attacchment E CERTIFICATION REGARDING LOBBYING Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and behalf, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any 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 contract, the making of any Federal grant, the maldng of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying, ". in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subwards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for maidng or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (signature (Print name of firm and authorized representative) DATE: om ftw. ems. b a O i f4r N*: s- Tlnwr hrt y - p" an spim T1 - - - O MIS a" Gomm 0 PROJECT NAIME Y � PROJECT NUMBER PROJECT COST CONTRACTOR BOARD OF COMP COMMISSIONERS min e+e. wow E W MIAMI -DADE IWAALI -DADS COUNW. FLORIDA IOM riprolet OEfAL 311' PLYWOOD • BOARD OF COUNTY COMMISSIONERS' NAMES TO APPEAR IN ALPHABETICAL ORDER AS LISTED ON FIRST SHEET OF CONTRACT DOCUMENTS. • LETTERS SHALL BE BLACK ON WHITE BACKGROUND. • THE NAMES AND NUMBERS OF THE PROJECT AND PROJECT COST SHALL BE PLACED IN THE APPROPRIATE SPACES. • THE NUMBER OF SIGNS REQUIRED FOR THIS PROJECT IS • THE SIGN(S) SHALL BE PLACED AS SHOWN ON THIS TYPICAL PROJECT SIGN PLACEMENT DIAGRAM OR AS DIRECTED BY THE ENGINEER. • COUNTY COLORS ARE PMS368 AND PROCESS BLUE. PLACEMf_N i IS INDICATED ABOVE Special Provisions The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N /A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI -DADS COUNTY O%rNERS111P DISCLOSURE AFFIDAVIT: MIAMI -DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT: MIAMI -DARE CRIMINAL RECORD AFFIDAVIT: and DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI -DADS FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. I. CHARLES D. SCURR being first duly sworn state: Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): 59- 6000431 Federal Employer Identification Number (If none Social Security) CITY OF SOUTH MIAMI Name of Entity, Individual(s), Partners or Corporation Doing Business As (if same as above leave blank) 6130 SUNSET DRIVE SOUTH MIAMI FL 33143 Street Address City State Zip Code L MIAMI -DADS COUNTY DISCLOSURES AFFIDAVIT (Sec. 2 -5.1 of the County Code) If the contract or business transaction is with a corporation the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly -traded corporations or to contracts with the United States or any department or agency thereof the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): I of 4 2. The full legal names and business address of any other individual (other than subcontractors, materialmen, suppliers, laborers or lenders) who have any interest (legal, equitable beneficial or otherwise) in the contract or business transactions with Dade County are (Post Office addresses are not acceptable): N/A 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. II. MIAMI -DARE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133. Amending sec. 2.8 -1: Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? X Yes No 2. Does your firm provide paid health care benefits for its employees? X Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White: 30 Males 13 Females Asian: _ Males _ Females Black: 33 Males 14 Females American Indian: _ Males _ Females Hispanics: 33 Males 23 Females Aleut (Eskimo): _ Males Females Males Females Males , Females III. MIAMI-DADS COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has X has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding form the County has K _ has not as of the date of this affidavit been convicted of a felony during the past (10) years. IV. MIAMI -DADS COUNTY CUBA AFFIDAVIT (County Resolutions R- 202 -96 and R- 206 -96) That neither the firm (individual, organization, corporation, etc.) submitting this bid or proposal or receiving this contract award or any of its owners, subsidiaries, or affiliated or related firms has: 1. engaged in the purchase, transport, importation or participation in any transaction involving merchandise that: a. is of Cuban origin: or b. is or has been located in or transported from or through Cuba: or c. is made or derived in \.hole or in part of an, article which is the gro"Th produce or nutnufd, ALI[ed of Cub 2 of 2. engaged in any transaction in which a Cuban national or the government of Cuba national or the government of Cuba, or which involves property in which a:Cuban national or the government of Cuba has any interest: been a party to or had an interest in any franchise, license or management agreement with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest: 4. had or held any investment, deposit, loan borrowing or credit arrangement or had any other financial dealings with a Cuban national or the government of Cuba, or which involves property in which a Cuban national or the government of Cuba has any interest: 5. subcontracted with purchased supplies from or performed billing or collection services for any person or entity that does business with Cuba as provided in "1" through "4 above. 6. traveled to Cuba in violation of U.S. travel restrictions during the ten year period preceding the due date for submittal V. MIAMI -DARE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 -15 of the Code of Miami -Dade County, Florida the above named person or entity is providing a drug -free workplace. A written statement to each employees inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug -free environment at all workplaces 3. availability of drug counseling, rehabilitation and employees assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later that five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. VI. MIAMI -DARE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance No. 142 -91 codified as Section 1 1A -29 et.seof the County Code) That in compliance with Ordinance No. 142 -91 of the Code of Miami -Dade County, Florida and Employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. 3 of 4 The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof. It shall, however, pertain to municipalities of this State. VII. DISABILITY NON- DISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101- 336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 1, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 - 3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. VII. MIAMI -DARE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec.2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -- including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. I have carefully read this entire four (4) page document entitled, "Miami -Dade County Affidavits" and have indicated by an "X" all affidavits that pertain to this contract and have indicated by an "N /A" all affidavits that do not pertain to this contract. By: /7 q9 (Signature of Aunt) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this / day of 171 by iO4s2 He /She is personally known to me or has presented as identification. (Typed of Identification) Maria L Gam p..0 Expires October' 2001 (Expiration Date) Notary Public - State of�D/L� / Notary Seal 4 of 4 AUTHORIZED SIGNATURES CONTRACTOR: CITY OF SOUTH MIAMI DATE: MARCH 17, 1999 r This form certifies the names, titles and signatures of individuals authorized by the contractor's by -laws or board resolution to sign contracts, checks, budget revision requests, payment requests and any other requests, (e.g., purchase requisitions, purchase orders, receiving reports, direct bills) that are required by the Office of Community and Economic Development (OCED) for disbursement of funds. NAME TITLE (tvoe or print) (type or print) SIGNATURE I. Prime Contracts. Subcontracts CHARLES D. SCURR CITY MANAGER RONETTA TAYLOR CITY CLERK HAKEEM K. OSHIKOYA FINANCE DIRECTOR H. Checks (List amount limits) CHART.RS D _ grTTRR CITY MANAGER RONETTA TAYLOR CITY CLERK HAKEEM K. OSHIKOYA FINANCE DIRECTOR M. Budget Revision Requests CHART.RS D_ SMWR � Cl.= -- RONETTA TAYLOR CITY CLERK HAKEEM K. OSHIKOYA FINANCE DIRECTOR 1!98 0 NAME TITLE (type or print) (type or print) IV. Payment Requests MARTAR n_ SCURR CITY MANAGER SALEM K. OSHIKOYA FINANCE DIRECTOR MARIA MUNRO CHIEF ACCOUNTANT SIGNATURE V. Other Administrative Matters (e.g., status reports, purchase orders, travel requests) CHARLES D. SCURR CITY MANAGER DIANA MORRIS DEPUTY CITY MANAGER HAKEEM K. OSHIKOYA FINANCE DIRECTORP�" These signatures authorizations are retained by OCED for auditing purposes. You are required to submit updates to this list as it becomes necessary. 1'9S