HomeMy WebLinkAboutJ-4 Resolution: 2005 Disaster Recovery FundsCity of ~Vliami Gard~ens
I515-200 NW 167~` Street
Miami Gardens, Florida 33169
Aqenda Cover Paae
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andr~ Williams
Date: May 23, 2007
Fiscal Impact: No X Yes ^ Public hearing ^ Quasi-Judicial ^
(If yes, explain in Staff Summary) Ordinance ^ Resolution ^
Funding Source: CDBG (2005 disaster recovery allocation) 1st Reading ^ 2nd Reading ^
ContracUP.O. Requirement: Yes ^ Noo Advertising requirement: Yes o No X
Sponsor Name/Department: Community Development RFP/RFQ/Bid #
Tit1e
Resolution authorizing the acceptance of 2005 disaster recovery funds from Miami
Dade County Office of Community and Economic Development.
Staff Summarv
The City of Miami Gardens was awarded $375k in CDBG funds from the 2005 Disaster
Recovery Funds Federal Appropriation. The funds were to be administered by the Department
of Community Affairs (DCA) in Tallahassee.
Backqround
Through a formal application process, DCA solicited applications from the various Gulf Coast
Counties affected by the 2005 Hurricane Season in order to determine the amount of allocation.
As part of the application process, Miami Dade County solicited applications from the various
municipalities within the County that sustained hurricane damage. Miami Gardens submitted its
application and was awarded an allocation to carry out the activities outlined. The City of Miami
Gardens will be required to enter into a sub-recipient agreement with Miami Dade OCED, as
they are the grantees that were allocated funds from DCA.
Recommendation
It is recommended that the Council approve Staff's recommendation and approve the Resolution
authorizing the City Manager to accept the award of CDBG funds in an amount not to exceed
$1 M. Although this is larger than the initial amount awarded, Staff has already been made
aware that DCA will be issuing a supplemental allocation of Disaster Recovery Funds. We
anticipate receiving a supplemental award of these funds. _T_41(~nNSENT
.GENDA
RY
2llus 1~taAa i r,n ~COVE
FUNDS
Resolution No.
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE ACCEPTANCE OF 2005
DISASTER RECOVERY FUNDS FROM MIAMI-DADE COUNTY'S
OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT;
AUTHORIZING THE CITY MANACER TO TAKE WHATEVER STEPS
ARE NECESSARY TO RECEIVE THE FUNDING; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
1 WHEREAS, the City of Miami Gardens was awarded $375,000 in CDBG funding
2 from the 2005 Disaster Recovery Funds federal appropriation, and
3 WHEREAS, these funds are administered by the State of Florida Department of
4 Community Affairs ("DCA"), and
5 WHEREAS, DCA solicited applications from various Gulf Coast counties that
6 were affected by the 2005 hurricane season, and
7 WHEREAS, Miami-Dade County is one of the affected counties, and solicited
8 applications from various municipalities within Miami-Dade County, and
9 WHEREAS, the City of Miami Gardens submitted its application and was
10 awarded an allocation of $375,000; however, it is expected that Miami Gardens will
11 receive additional funding in an amount not to exceed ~1,000,000, and
12 WHEREAS, in order to receive the funds from the County, the City is required to
13 execute a Resolution authorizing the City Manager to accept the award of CDBG funds
14 in the amount not to exceed $1,000,000,
15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
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Section 1. ADOPTION OF REPRESE~ITATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens,
Florida, authorizes the acceptance of CDBG funding from the 2005 Disaster Recovery
Funds federal appropriation in an amount not to exceed $1,000,000 and further
authorizes the City Manager to take any and all steps necessary to receive the funding.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MAY 23, 2007.
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
SHIRLEY GIBSON, MAYOR
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
SECONDED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
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Resoluti~n No.
53 SKD/teh
251864_1.DOC
54
, CQBG 2005 DRl
Municipality
FY 2405 COMMUNiTY DEVELOPMENT BL{)CK GRANT
Supplemental Disaster Recovery fnititiave
GOVERNMENTAL CONTRACT 8E'FWEEN
MIAM~-DADE COl1NTY .
AND THE
CtTY OF MIAMI GARDENS
This cantract is entered info between Miami-0ade County, hereinafter referred to as the "County" and the City
of Miami Gardens, A municipal government organized under the laws of the State of Florida hereina€ter
reterred to as the "Awardee".
The par#ies agree:
Definitions
OCED " l3ffice of Community and Economie Development or its successor
Department
24 CFR Part 570 - CDBG Federat regulations implementing Title I of the Ho~sing and
Community Development Act of 1974, as amended - Community
Devefopmen# Block Grant
Community Re~elopment A local agency that is organized to meef community development
Corporation neecfs wi#h particular emphasis on the economic devefopment,
housing and revitalization needs of low-and moderate-income area
residents and which is receptive ta the needs expressed by the
cornmunity. ,
Law- and N{oderate- lncome Person A member of low-and mo,derate-income family i.e., a famify whose
income is within specified tncome Eimits set €orth by U.S. Hl1D.
Contract Records Aay and all books, records, documents, information, data, papers,
fetters, materials, electronic storage data and media whether written,
printed, electronFc ar electrical, however collected, preserved,
produced, developed, maintained, completed, received or compiled
• by or at the direction of the Awardee or any subcontractar in
carrying out the duties and obEigations required by the {erms of this
contract, including but not limtted to financial books and records,
tedgers, drawings, maps, pamphlets, designs; electronic tapes,
computer drives and diskettes or surveys.
FederaE Award Any federal funcfs received by the Awardee fram any source during
the period of time in which the Awardee is perForming the
obligations set forth in this contrac~
Awardee Recipient of CDBG funds from Miami Dade Gounty.
Subcontractor Any individual or ~rm hired on a contractual basis by the Awardee
for the purpose of performing work ar functians cited on the Action
, Step Format (Attachment "A} of this contract.
Subcontract
Any contractuat agreement between a Subcontractor and the
Awardee.
Departmeni
State of Florida, Department of Community Affairs
Subgrant Agreement
Federally-funded Disaster Recovery Inititative 5ubgrant Agreernent
entered inta between the County and the Department for 2Q05
Community Development Biock Grant Supptemental Disaster
Recovery Inititafive funds (AifacRment "~"}.
~ II. The Awardee Agrees:
A. Type of Activity
The Awardee shaU carry out the activities speci~ed in Attachment A, "Scope of Services," in
the County or the focus area{s) of Nliami-Dade.
B. tnsurance
To compfy with Miami-Dade County's insurance requirements as wetE as any relevant state of
Flo~ida insurance requlrements.
C. Indemnification
The Awardee shaEl indemnify and hold harmless the County and its officers, empioyees,
agents and instrumentalities fram any and all liability, losses ar damages, inciuding attarneys'
fees and casts o€ defense, which the County or its officers, employees, agents or
instrumentalities may incur as a result of ciaims, demands, saits, causes of actions or
proceedings of aRy kind or nature arising out of, relating to or resulting from the perFarmance
of this Agreement by the Awardee or its employees, agents, servants, partners, principals or
subcontractors. The Awardee shall pay all ciaims and losses in conneetion therewith and
shall invesfigate and defend a!! claims, suits or actions of any kind or nature in the name of
the County, where applicabie, including appellate proceedings, and shaEl pay ail costs,
judgments, and attorney's fees which may issue thereon. Provided, however, this
indemnification shail only be to the extent and within the iimitations of Section 768.28 Fla
Stat., subject to the provisions of that Statute whereby the Awardee shalt not he heid liable to
pay a personal injury or proper#y damage claim or judgment by any one perso~ which exceeds
the sum of $100,QQ0, or any claim or judgment or portions thereof, which, when totated with
ail other claims or judgment paid by the Awardee arising out of the same incident or
occ~rrence, exceed the sum of 5200,004 from any and a1! personal injury or propefty damage
ctaims, liabilitie~, losses or causes of action wh+ch may arfse as a result of Lhe negEigence of
the Awarciee. The provisions of this section survive the termination or expiration of
~his agreement.
D. Documents
'fhe Awardee shall submit documents to ~CED as described below or any other document in
whatever form, manner, ar frequency as pre"scribed by OCED. These will be used for
monltoring progress, performance, and compliance with this contract and for campliance
with applicable Caunty and Federal requirements.
1. Proqress Renarts
a. 7'he Awardee shall submit a status report using the form attached hereto as
Attacbment G, "Progress Report," as it may be revised by OCED, wh+ch shaU
describe the progress made by the Awardee in achieving each of the
objectives and action steps identifed in Attachment A, "Scope of Services."
The Awardee shall ensure that OCEO receives each report in trinlicate (or as
'sndicated} wo fater than April 10, 2007, July 10, Zd07, Qctober 10, 2Q07,
January 18, 2008, Aprit 98, 2Q08, and July 1U~ 2008
~_::~~>: ~s<,-;
~3:;~ ~;s~;,;;;;Quarterlv Re~octina when Subcantracfors are Utilized
Awardees are advised that when subcontractors or subconsultants are
utitized to fulfift the terms ancf conditions of this contract, Miami-Dade
County Resolution No. 1834-93 wilt apply fo #his contract. This resafution
requires the seEected Awardees to ~le quarterly reports as to Ehe amount of
cantract monies received from the County and the amounts thereaf that have
heen paid by the Awardee directfy to B{ack, Hispanic and Women-Owned
businesses perF4rming part of the contract work.
2
Additionally, the listed businesses are required to sign the reparts, verifying
their participation en the contract work and their receipt of such monies. Far
purposes of applicability, the requirements of this resol.ution shall be in
addition to any other reporting requirements required by law, o~dinance or
administrative order.
i'he Awardee shall submit to OCED a cumulative account of its activities
under this agreement by compteting the following portions of the ?rogress
Report Form:
Section I- Status of Gantracted Activities:
i'he Awardee must report specific information regarding the status of the
cantracted activities, including accomp(ishments andlor delays encountered
during the implementation of the project and an unduplicated caunt af
clients served during the reporting perfod {if applicable) for each federalty
defined ethnic category. Awardees engaged in construction and/or housirtg
rehabilitation projects shall report on the progress of their activities
including the number of hausing anits completed and occupied by law-
maclerate and low income-residents. The Awardee shall also report
emographic information on each head of household. Each goal and
corresponding objective(s), as indicated in the ap~roved Scope of Services,
must be addressed as part of this report.
Section II - Fiscal Information:
7tte Awardee must report expend+ture information based on appraved
budgeted iine items to retiect all costs incurred during the reporting period.
In addition, the Awardee sha11 report on Program Income Usage for each
contracted activity.
Section IU - Contract and Subcontrac# Activitv Re~ort:
Cantract and Subcontract Activitv Reqort (First and Third Quar#er Progress
Reportr The Awardee shat3 report to OCED the number of business
aMtivities involving mtnority vendors, tncluding sabcantraetars performing
work under fhis Agreement. The "Contract and Subcontract Activify Report"
Sectian in Attachment C, and when applicable Section 3 in the same
Attachment shall be completed semiannually by the Awardee and su@mitted
to OCED no later than April 10, 2007, 4ctober 10, 2Q07, April i0, 20Q8
and July 10, 2008
Section IV - Neighborhood Employment dpportunities:
Neiqhborhood Emptavment Oq~rortunities Reaort (First and Third Quarter
Progress Report) - The Awardee shali report to OCED the number of focus
and senrice area residents who have received employment opportunities
from federally flnanced and assisted projects and activifies. The
Neighborhood Err~p(oyment Opportunities Repo~t shall tse submitted using
the Progress Report Form attached hereto as a Section in Attachment C, as it
may be revised. This section of the form shatt be completed semiannually by
the Awardee and submitted to OCED no later than April 10, 2007, October
10, ZQ07, April 10, 20Q8 and July 1d~ 2008
The Awardee sha3i submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation shalt
compty with the format specified at the time of the re~{uest Failure to submit
the Pcogress Reports or other information in a manner satisfactory to the
County by the due date shall render the Awardee in noncompliance with this
Article. The County may require th~ Awardee to forfeit its claim to payment
raqussts or the County may invoke the termination provision in this
Agreement by giving five days written natics af such actian to be taken.
c. Unspecified Site(s) 4bjective -!f tiie Awardee has not yet idenEified a(ocatian
to carry out any of the ac#ivities descrikted in Attachment A, the Awardee
shall subrnit, in triplicate, Progress Reports, using the f~rm attached hereto
as part of Attachment C, on a monthly basis until svch firne as the Awa~dee
complies with the provisions contained within Section ti, Paragraph D.4. of
this contract Capies of the above described Progress Reporf shalf be
received by OCEb no later than the tenth (10th) business day of each monfh
and shall address the progress undertaken by the Awardee during the
previous mo»EF~. This Progress Report shal! »ot be required if the Awardee is
subrniriing the Progress Reports required by Sectian Il, Paragraph D.1.a and
Paragraph D.3.
2. Annual iteuort (Fourth Quarter Progress Repart~- The Awardee shail submit a
cumulative status report (hereinafter referred to as "Ar-nual Report°) using the
"Progress Report" specified in Secfion II, Paragraph D.7.a. above, which shall
describe the progress rnade by the Awardee in achieving each of the objectives
ident~tied in Attachmenc A during the previous year. The "Mnual Report" must cover
the CDBG fiscal year of January 1, 2007 thraugh December 3'1, 20(f7 and shaiE
be received by OCED no later than January i5, 2008. The finaf annual report
must cover the entire grant period of January 9, 2U07 through June 30, 2008,
anc! shall be received by OCED by July 10, 20Q8.
3. Enviranmental Review - The Awardee immediately upon locatsng or determining a site
for each of the "Unspecified -Site" activities to be carried out pursuant to this
contract, shall submit information detailing tfie location of each site for which a Site
EnvfronmenEa! Clearance Statementj will be prepared as described in ~rticle It,
Section E.S. of this contract set forth below. The Environmental Review is to be
prepared on information contained in Attachment E, "Information for Environmental
Review."
Notwithstandin4 anv provision of this Aqreement, the parties hereto aqree
and acknowledQe that fhis Ac~reement does not constitute a commitment of
funcfs or site anproval, and that such commitment of funds or approval mav
occur only upon satisfactory completian of environmental review and receiqt
by the Cauntv of a retease of funds from the U.S. Deaa~tment of Housinqand
Urban Develooment under 24 CFR Part 58. The parties further aaree that the
provision of any firnds to the proiect is canditioned on the Countv's
determination to proceed with modifv or cancet the proiect based on the
results of a subseauent environmental review.
4, Audit Report - The Awardee shall submit #o OCED an annual audit report in triplecate
as requfred by Section II, Paragraph I of Ehis con#ract as set forth below. The
Awardee shalf submit a written statement from fts auditing firm to confrm that it has
cleared any non-compliance issues stated in the audit, and a written statement from
the AudEtar that the audit complies with atl applicable pravisions af 24 CFR Part
84.2fi,.Part 85.26 and OMS A-133.
5. Inventonr Reoort - 7'he Awardee shalf report annualfy all nanexpendabte personal and
reat property purchased with CDBG funds from this and previous agreements with
the County as specified in Sectian If, Paragraph Q of this contract.
6. Affirmative Action Plan - The Awardee shall report to OGED information relative to the
equatity of employment opportunities whenever so requested by OCED_
E. Participation in the CDBG Program
1. Tt-e Awardee shall maintain current documentation that its activities meet one of the
three {3} CDBG national abjectives:
a. To benefit low- and moderate-income persons;
b. To aid in the prevention or elimination of slums or blight;
c. To meet community devefopment needs having a particutar urgency.
2. Far activities designed to rneet the natiana! objective of benefit to low- and
moderate-fncome persans, the Awardee shaq ensure and maintain documentation
4
that conclusively demonstra#es 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-incame persons.
3. The Awardee shall compty with all applicable provisions of 24 CFR Part 57U and shaFl
carry out each activity in compliar~ce with ali appiicable federal laws and regulatic~s
described thereen.
4. The Awardee agrees to comply with (a) the Unifarm Relocation Assistance and Reat
Property Acquisition Policies Act of 1970, as amended (URA), and implementing
regulations at 49 GFR Part 24 and 24 CFR 57 4.606(b): {b} the requirements of 24 CfR
670.606 (c) governing the 32esidental Mtidisplacement and Relocation Assistance
plan under section 104{d} of the NCD Act; arsd (cy the requirements in 570.606 {d)
goveming optianal relocation policies. (The County may preemept the optionat
poFicies}. The Awardee shall provide relocation assistance to persons {families,
individuaEs, businesses, non-profit arganizations and farms) that are disptaced as a
direct resuit of acquisifion, rehaf~ilitaion, demotition or conversion for a CDBG
assisted project. The Awardee also agrees ta comply with applicable Gounty
ordinances, resalutions and policies concerning the displacemeest of persons from
#heir residences.
5. For each activity or portion af activity described in Attachment A hereto for which a
location has nat yet been identifed, the Awardee shatl abtain, immediately after a site
is identified by the Awardee, OCED's written environmentaE clearance statement and
shall agres in writing to comply with any and all requirements as may be set forth in
the Site Environmental Clearance Statement
6. The Awardee shall make a good faith effort to address the concerns of the residents
of the affected area. The Awardee shall cooperate with OCED !n informing the
appropriate CDBG citizen participation structures, inctuding the appropriate area
committees, of the activities of the Awardee in adhering 4o the provisions af this
contract Representatives af the Awardee shall akfend meetings of the appropriate
committees anci citizen parficipation structures, upon the request of the cttizen
participation officers, OCED, or the County.
7. The Awardee shall, to tbe greatest extent possible, give Eow- and moderate-income
residents of the service areas opportunities for training and employmenti
8. For activities involving acquisition, rehabititation and/or demolit~on of property and
which requite the relocation of families, individuals, businesses and/or industries, the
Awardee shall submit a written notification to the Urban Development Unit of OCED
prior to relocating, evacuating, and/or dispersing any and all tegat occupants who
reside at this property on the basis of a long or short term lease. When the legality of
an occupant (endividual, family, business, and/or industry) is in question, the Awardee
shali contact the above mentioned unit prior to making a determination.
Awardees receiving CDBG funds shat! adhere to 24 CFR part SO and/or part 58 and to
the rules and regulations of the Unifo~m Relocation Assistance and Reat Property
Acquisition Act of 1970, as amended.
9. The Awardee shall adopt Affirmative Marketing Rrocedures and requirements for
CDBG assisted projects. These procedures must consist of actions to provide
'snformation and attract eligible persons from al{ racial, ethnic and gender groups to
the available services. The Awardee shall annually assess its affirmative marketing
program to cfetermine if the procedures used to comply with the requirements
specitied in Public Law 88-352 and Pui~lic Law 90-284 spccessfully meet these
requirements. The Awardee shall submit to OCED its Affrmative Marketing Plan no
Eater than 60 days fram the date this Agreement is executed.
90. For any tiousing activities, the Awardee shall successfully complete the Community
Development coursework conducfed by the Local Initiatives Support Corporation,
which will be held at Florida Intemational University throughout the current contract
period. The Awardee shall provide written notification to OGED, no later than30 days
af#er the completion of the coursework. This requirement may be waived in the sole
discretiott of OCED for Awardees who demonstrate knowiedge of real estate
development and organizationai management theory_ ~CED shall consider such
waiver upon receipt of the written request by the Awardee_
1'1. Far Housing, Rehabilitation, and Canstruction activities ali conditions in this sectian
will appty throughout the reguia:ory period identified in tt-e national objective.
Throughout that pe~iod, the Awardee wilt be required to submit an annual report
regarding his compliance with the national ob~ective, and f3CED will have the right to
monitor the activity.
'12, The Awardee shall camply with all appficab{e uniform administrative
requirements as described in 24 CFR 570.502
F. Federal, 5tate, and County Laws and ReguEations
RULES, REGULATIONS AND LtCENSING REQUIREMENTS
The Awardee shaEl comply with all laws, ardinances and regulations applicable to the
services contemplated herein, especially those applicable to canflict of interest arrd
collusion. Awardees are presumed to be familiar with ali Federat, State and locat
faws, ordinances, codes, rules and regulations that may in any way affect the gaods
- or services offered, especially Executive Order No. 71245 entitled "Equal Employment
Opportunity" and as ame~ded by Executive Or@er No. 113T5, as sapplemented by the
Department of Labar Regufations (a1 CFR, Part 60), the Americans wifh Disabifities
Aat of 1990 and ir~splernenting reguiations, the Rehabititatlon Act of 1973, as
ame~ded, Chapter 553 of Florida Statutes and any and all other local, State and
Federal directives, ordinances, rules, orders, and laws relating to peopte with
disabiFitiss. The Awardee wilt also comply with 24 CFR Part 85, OMB A-128, OMB A-
87, and with the applicable procedures specified in QCED's Contract Compliance
Manual. which are incarporated herein by reference, receipt of which is hereby
acknowledged, and as they may be reviseil.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act af 1973, as
amended, whEch prohibits discrimination on tf~e basis af handicap; T':tle VI af the Civil
f2ights Act of 1964, as amended, which prohibits discrimination on the basis of race,
calor, ar national origin; the Age Discrimination Act of 1975, as amended, which
prohibits discrimination on tbe basis o# age; Title VEII of the Civil Rights Act of 1968,
as amended, and ~xecutive Order 11063 which prohit~its discrirr~ination in housing on
the basis of race, cotor, religion, sex, or national origin; Executive Order 11246, as
amended which requires equal ernptoyment opportunity; and with the Energy Policy
and Gonservation Act (Pub.L 94-963) which requires mandatory standards and
policies relating to energy effic'sency.
The Provider also agrees to camply with the aomestic Viatence Leave codified as
11A-60 et seq. of tiie Miami-Dade County C~de, which requires an employer, who in
fhe regular course of business has fifty (50) or more employees wwking in Miami-
Dade County for each working day during each af twenty (24) or more calendar work
weeks to pravide domestic violence leave to rts employees. Failure fo comply with
this local law may be grounds for voiding or terminating this Agreement ar for
commencement of debarment proceedings against the Provider.
3. If the amount payable to the Awardee pursuant to the terms of this contract is in
excess of 3100,OOU, the Awardee shatl comply with all applicahle standards, orders,
or regulations, issued pursuant to Section 30B of the Clean Air Act of 9970 (42 U.S.C.
1857 hj, as amended; the Federal Water Pollution Contro! Act (33 U.S.C. t251), as
amended; Secfion 508 of the CEean Water Act (33 t1.S.C. 1368~; Environrnental
Prat~ction Agency regulations (40 CFR Part 15}; and Executive Order 11738.
4. Assurance af Compliance with Sectior~ 544 of the Rehabilitation Ack - The Awardee
shall report its compfiance with Section 504 of the Rehabi.f~tation Act whenever so
requested by OCED.
5. Americans with qisabitities Act lADA) of 1990 - 7he Awardee shall attest to; and
submit tfle reqaired Uisability Nan-discrimination Affidavit.assuring compliance with
afl appticab#e requirements af the laws listed befow inctuding but not limited to, those
provisions pertaining to employment, provisio~s and program services,
transportation, communications, access to facilities, renovations, and new
construCEior~.
6
fi. A~rmative ActionlNon-Discrimination of Emnlavment Promotion, and procurer~nent
Practices ;Ordinance #98-30) - A!! firms with annual gross -evenues m excess of $5
miltion, seeking to contracf wrth Miami-Dade Gounty shaif, as a condition of award,
have a written A~rmative Action Plan and Procurement Paticy on fte with the
County's Department of Suseness Development. Said firms must also submit, as a
part of their proposalslbids to be filed with the Clerk of the Board, an apptopriately
completed and signed Affirmative Actior~ PlanlProcurement Policy AffidavFt. Firms
whose Baards of Directors are representative af the population make-up of the naEion
are exempt from this requirement and must submit, i~ writin~, a detailed listing of
their Boasds of Directors, showing tt~e race or ethnicity of each buard member, to the
Caunty's Department of Business Development. Firms claimir~g exemption must
submit, as a part of their proposalslbids ta be filed with the Clerk of the Board, an
appropriately completed and signed Exemption Affidavit in accorc3ance with
Ordinance 98-30. These submittafs shall be subject to periodic reviews to assure that
the enfities do not discriminate in their employment and procurement practices
against minorities and wamen-owned businesses.
Et will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compfiance with tbe Ordinance. 7hose
firms that do not exceed S$ million annual gross revenues must clearly state so in
their bidlproposal.
Any bidder/respondent which does nat provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for award by
the Board of County Commissioners.
7. Domestic Violence Leave Affidavi# : Prior to entering into any contract with the Couty,
a firm desiri~g to do business with the County shall, as e condition of award, certify
that it is in complianae with the Domestic Leave Ordinance, 99-5 and Section 11A-60
of tbe Miami-Dade County Code. This Ordinance appiies to employers that have, in
the reg~lar course of business, fifty (SOj or more emptoyees working in Miam{ Dade
Caunty frn each working day during each of twenty (20) or tttore catendar work weeks
in the current or preceding calendar year. In accordance with Resolution R-185-00,
the obtigation to provide domestic viotence leave to employees shail be a contractual
obligafion. The Cou~ty shall nat enter into a contract with any firm that has not
certified its compliance with the Domestic Leave Ordinance. Failure to comply witi~
the requirements of Resolution R-i85-00, as weti as the Qomestic Leave Ordinance
may resuft in the contract being declared vaid, the eontract being terminated and/ar
the firrn being deba~red.
8. Cade of Business Ethics: tn accordance with Section 2-8.1{1) of the Code of
Miami-Dade County each person or entitiy that seeks to do business with
Miami-Dade County shai{ adopt a Code of Business Ethics ("Code") and shatl
....~..,,.:. ~., ~s~a,..;~ C+~~~.,~ *har rr,A Awardee has adouted a Cade that
Code (Form.A-12).
9. PUBLIC ENi7TY CRIMES
Pursuant to Paragraph 2(a) of Sectian 287.133, Floricfa Statates, a person or
a~liate who has been placed on the convicted vendor list following a
conviction for a poblic entity crime may.not submit a proposal for a contract to
provide any gaads or services ta a pubfic entity; may not suf~mit a proposal on
a contract with a pubfic entity far the canstruction or repair of a public building
or public work; may nat submit p~oposals on leases of reat property to a public
entity; may nat be awarded or perForm work as a Awardee, supplier,
subcontractar, or consultant under a contract with any public entity; and, may
not transaet business with any public entity in excess of the th~eshold amount
provided in Section 287.Oi7 for Category TWO {$10,000} far a period of thiriy-
six {36} months from the date of being placed on the canvicted vendor Iist. The
Awardee.warrants and represents.that it has not been placed on the canvicted
vencfor [ist The Awardee agrees that shoufd Miami-Dade County discover that
the Awardee's representations regarding tF-e iist are faise, this contract sha11 be
terminated on the discretion of Miami-Dade County. Further, should the
7
Awardee be placed on the tist at any time during this contract Miarrti-Dade
County shall have the righ# to terrn+nate this agreement
10. CRFMINAL CONVICTION
Pursuant to Miarni-Dade County Ordinance No. 9434, "Aay individual who has
been convicted of a felany during the past ten years and any corporation,
partnership, joint venture or other iegal entity having an o~cer, director, or
executive who has been convicted af a fefony during the past ten years shatl
disclose this information prior ta entering into a contract with or receiving
funding fram the County." Faiiure of the Awardee to disclose this information
as required may lead to the termination of this agreement by Miami-Dade
Caunty.
If any attesting firm, ar any owner, subsidiary, or other firm affiliated with or related to the
attesting firm, is found by the respansible enforcement agency, the Courts or the County to be
in violation of the Acts, the County will canduct no further business with such attesting frm.
Any contract entered into based upon a false affidavit, as tisted belaw, and submitted
pursuant to this resoiufion shail be voidable by the County:
1. Miami-Dade County Ownership Disc{osure Affidavit
2. Miami-Dade Empfoyment Family Leave Affidavit
3. Miami-Dade Employment Drug-Free Workpiace Affidavit
4. Mianni-Qade Emptoyment Discldsure A~davit
5. Disability Nondiscrimtnation A~davit
8. Criminat Record Affidavit
7. Pubiic Entity Crime Affidavit
8. Rela#ed-Party pisclosure lnformation
9. Mtami-pade County Rffidavit Regarding Delinquent and Currently Due Fees
orTaxes
10. AfEirmative Actian Affidavits
11. Current on all County Contracts, Loans, and Other Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Viofence l.eave Afftdavit
14. Code af Business Ethics Affidavit
'15. Fnancial ant! Confiicts of lnterest Affidavit
If any artesting firm violates any of the Acts below du~ng the term of any contract such firm
has with the Counfy, such contract shalf be voidable by the County, even if the attesting firm
was not in violation at the time ~t sabmitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1390 (ADA), Pub. L. i01-336, 104 Stat 3Z7, 42
U.S.C. 12107-12213 and 47 U.S.C. Sections 225 and S1i including Title I, EmploymeRt;
7itle It, Public Services; Title lil, Public Accommodations and Services Operated by
Private Entities; Tifie lV, Tefecommunfcations; and Title V, Miscellaneous Pravisians.
2. ~he Rehabilitation Act of 1973, 29 lf.S.C. Section 794;
3. The federat Transit Act, as amended 49 U.S.C. Section 1692;
4. The Fair Hausing Act as amended, 42 U.S.C. Section 3681-3631.
G. Conflicts with Applicable Latvs
If any provisian of this contract conflicts with any applicable faw or regulation
including but not timited to; 24 CFR 570, only Ehe conflicting provision shall be
deemed by the parties hereto to be modified to be consistent with the law or
regulation or to be deletecf if modfication is impossible. However, the obfigations
under this contract, as modified, shal! continue and all other provisions of tt~is
contract shall remain in fufl force and effect. The County's determination on whether
a provision car~flicts shall be fina[ and binding.
H. Construction
$
If the Awardee engages ~n, p~ocures, or makes loans for canstructian work, the Awardee
shali:
1. Contact the OCE~ ~epresentative noted in Section IV, Paragraph K of this contract,
priar to taking any action, ta schedtile a meeting to receive compliance informatian.
2. Comply with the Awardee's procurement and pre-award requirements and
procedures which, at a minimum, shall adhere to all applicable federal standards_
3. Compiy with the Davis-Bacon Act; Copeland Anti-Kick 8ack Act; Contract Work
Fiours and Safety Standards Act; and Lead-Based Paint Poisoning Prevention Act as
amended on September 15, 'l999; and other related acts, as applicable.
4. Submit to OCEp for written prior approval all proposed Soticitation Notices,
Invitations for Bids, and Requests for Proposats prior to pubtication.
5. Submit to OCED all construction plans and specificatians and receive OCED`s
appraval prior to implementation.
6. Contact the OCED representative nated in Sectlon IV, Paragraph K prior to
scheduling a pre-construction conference.
In accordance with industry standards, ~CED will hold 10% of the total grant award
as a retainer until fhe completion of the construction work is verified by OCED
through a Certifcate of Occupancy.
7_ The County shal! have khe right to assign the Community Builders Division of
the Of~ce of Community and Economic Development to assist the project if
the Caunty's staff determines that the Awardee has been unable to
consistently achieve the work a~d units described within the time frames of
the action step format of this agreement. Such involvement will result in a
reductian of a maximum of 5% of the agreement's award to cover the cast of
the technical assisitance. The Awardee shaft cooperate and comply with all
requests made by the Community Builders Division of the Office of
Community and Economic Development.
S. Execute a restrictive covenant with Miami-Dade County for the grant award
and the use of the land to ensure its use as a CDBG project site as defined
and described in Attachment "A" of this agreement.
Audits and Records
The Awardee expending ~SQD,aao or more annuaEly in federal awards shatl have a
single or pragram specific audit conducted in accvrdance with OMB A-133. Tbe
AwarsEee expending federat awards of $SdU,000 or more under only one iederat
program may etect to have a pragram-specific audit performed, in accordance with
OMB A-133. Awardees who will be receiving, or who have received, federat awards
for loans or loan guaranteed programs may be required to conduct audits of those
prograrrts in accordance with regulations of the federa! agencies providing those
guarantees or loans.
2. The Awardee expending less than $500,Q00 annualty in federal awards shal[ be
exempt h-ort~ an audit conducted in accordance with OMB A-133, although their
records must be availabie far review {e.g., inspectians, evaluations}. Such Awardees
that receive less than $500,000 in combined Federal awards must submit to the
County annual compilation reports that describe thefr perfarmance. To achisve
unifarmity regarding the reporting format, such documents must compiy with the
accounting industry standards by communicating an independent accountanYs (t)
eupression of limited assurance on FINANCIAL STATEMENTS as a result of
performing inquiry and analytic procedures (Review Report}; (2} results of procedures
perFormed {Agreed-Upon Procedures Report); (3) non-expression of opinion or any
form of assarance on a presentation in the form of financial statertients infoRnation
thaf i~ the representatian af management (Compilation Report); or {4) aa opinion on
~ an assertion made by inanagement in accorda~ce with fhe Statements on Standards
for Attestatia~n Engagements (Attestation Report).
9
When the requirements of OMS A-133 apply, or when the Awardee elects to comp}y
with 4MB A-133, an audit shall be conducted for each fiscal year for which federal
awards attributabie to this contract have been received by the Awardee_ Each audit
shall include a fiscal review, which includes a validation of all program generated
income and its disposition, especially attrib~ttable to CDBG funds, an internaf controi
~eview, and a compliarsce review as described in OMB A-133. A copy of the audit
reporE in tripficate must be received by OCED no tater than six {6) months following
the end of the Awardee's fiscal year.
4. The Awardee shali maintain afl Contract Records in accordance with generalEy
accepted accounting principles, procedures, and practices which sha}! sufticientiy
and properly reflect all revenues and expendifures af funds provided dfrectty or
indirectty by the Caunty pursuant to the terms of this contract.
5: The Awardee shal! maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services" ontEined in At#achment A in thfs
contract.
6. The Awardee shall ensure that the Contract Records shatf be at all times subject to
and availahle for full access and review, inspection, or audit by County and federal
personnel and any other personnel duly authorized by the County.
7. The Awardee shaEl enclude in ali OCED approved subcontracts used ta engage
subcontractars to carry out any eligible substanfive prs-grammatic senrices, as such
services are described in this contract and defined by OCED, each af the record-
keeping and audit requirements detaited in this contract. ~CEp shalt, in its sole
discretion, determine when services are eligibte substantive programmatic services
and subject to the audiE and record-keeping requirements described abave.
8. The County reserves the right to require the Awardee to submit to an audit by Audit
and management Services_ or otber auditor of the Count~s choasing af the Awardee's
expense. The Awardee shall pravide access to all of its records, which relate directly
Qr indirectly to this Agreement at its place of business ciuring regular business hours.
The Awardee shall retain alf recards pertaining to the Agreement and upon request
make them available to the County for #hree years fallowing expiration of the
Agreement. The Awardee agrees to provicle such assistance as may be necessary to
facilitate the review or audit by the County to ensure compliance with applicabte
accounting and financial standards.
9, The Awardee shall ensure that its auditars share their audit results with OCED. The
auditors must sabmit the completed rnonitoring instniment and the audit report to
OCED within six months after the conclusian of the a~ecfit period.
J. Retention of Records
1. The Awardee shall retain at! Contract Records for a period of at Feast five (5} years
(hereinafter referred to as "Retent~on Period") subject to the iimetations set #orth
below:
a. For atl non-CDBG assisted activitiss the Retention Period shali begin upan
the expiration or termination of this contract.
b. For CDBG assisted public service activities the Retention Period shalt 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
campleted. For each public service activity the Awardee must retai~ all
contract records except those relating to rea! and nonexpendable personal
properfy.
c. For alt bther CDBG assisted activities the Retention Period sha[I begin upon
U.S. HUD's acceptance of OCED's annual Grantee PerEormance Report in
which each assisted activity is reported on for the 6nal time. For aii the
CDBG assisEed activities covered by this Section !1, Paragraph J.i.c., the
Awacdee must retain a!t contract recorcls except those relating to reaf and
nonexpendable personal property.
10
For aE! CDBG assisted activities, the Retention Period for atl contract records
relating to reat and nonexpendable personal property shatt begin upon the
date of the final disposition of the praperty. .
2_ !f the County or the Awardee have received or given notice of any kind indicating any
threatened or pending IiNgation, ciaim or audit arising out of tt-e services provided
pursuant to the terms of this contract, the Retention Period shall be extended until
sucl~ time as the threatened or pending litigation, claim or audit is, in the soie and
absofute discretian of OCED, fupy, compietely and finaily resolved.
3. The Awardee shall aitow the County, federal personnel, ar any persan autharized by
the Caunty ful! access to and the right to examine any of the cantract reco~ds during
the required ReteRtion Period.
4. The Awardee shalf notify OCED in writing, both cluring the pendency of this contracf
and after its expirations part of the final close-out procedure, of the address where all
contract records wilt be retained.
5. The Awardee shali obtain written approvaf of OCED prior to disposing of any contract
recards within one year after expiration of the Retention Period.
K. Pravision of Records
1. The Awardee shall provide to OCED, upon request, all cantract records.
These records shall become the property of OCED without restriction,
~eservation, ar limitation of their use. OCED and the Department shall own
and have uniimi#ed rights to aEf books, erticies, or other copyrightable
materials devetoped for the purpose of this cantract. These unlimited rights
shall inciude, but are not timited to, the rights to rayalty-fees; nonexclusive,
and irrevocable license to reproduce, pubtish, ar otherwise use, and to
authorize others ta use, the information for public purposes.
2. if the Awardee receives funds from, or is regulated by other governmental agencies,
and those agencies issue monitaring reports, regulatory examinations, or other
simiiar reports, the Awardee shaE# p~ovide a capy of each repart and any follow-up
communications and reports to OCED immedfately upon such issuance unless such
discfosure is a v'solation of the regulatary agencies issuing the reports.
3. MlAM!-DADE CDUNTY tt1fSPECTOR GENERAL RE'VIEW
According to Section 2-1076 of the Code of Miami-Dade County, as amended by
Ordinance No. 99-63, Miami-Dade County has estab{ished the OfFce of the Inspector
Genera! which rr-ay, on a ra~dom basis, perform audits on all County cantracts,
thcOUghout the duration of said cot~tracts, except as otherwise provided belaw. The
cost of the aud~t of any Contract shall be one quarter (1J4~ af ane {1) percent of the
total contract amaunt which cost shatf be included in the total proposed amaunt. 7he
audit cost wE11 be deductec! by the County from progress payments to the selected
Awardee. The audit cost shall also be inciuded i~ all cfiange orders and all contracE
renewals and extensions.
~;~ ~=z;;:,~;Exce~tion: The .above appEication of one quarter (114} of one percent fee
assessment shall not apply to the following contracts: (ay 1PSIG contracts;
(b) contraets for legal services; (cy contracts far financiat advisory serv~ces;
(d} auditing contracts; (e) facility rentals and iease agreements; (f}
~ concessions and other rental agreements; (g) insuraace cr~ntracts; (h)
revenue-generaiing contracts; (I) contracts where an 1PSIG is assigned at
the tims the contract is approved by the Commission; (j) professionaf
service agreements under. 51,000; (k) management agreements; {I) small
purchase orders as defined En Miamt-Dade County Administrative Order 3-2;
(m) federal, state and local govemment-funded granEs; and (n) interlocal
agreements. Notwithstandin4 fhe fore4ainn the Miami-Dade County Board
of Counfv Commissioners mav aufhorize the inclusion of fhe fee
assessment of one auarter l1/4) af one percent in anv exempted confract at
the. tir»e of award.
Nothing contained abave shall in any way lirinit the powers of the Inspector
Genera! to perform audits on this con#ract.
ll
COMMISSlON AUDITOR ACCESS T~ RECORDS
Pursuant ta Ordinance No. 03-2, .Awardee shatl grant access to the
Commission Auditor to alf financiai and perFo~mance related records,
property, and equipr~nt p~rchasecf in whofe or in part with gavemment
funds, including funds awarded tp Awardee pursuant to this contract.
L Prior Approval
The Awardee shall abtain prior writfen approval from OCED prior to undertaking any of the
folfowing:
9. The engagement or executioo of any subcontracts or contract assignments, wherein
CQBG funds wi!! be used to pay for goods or services. The Awardee must submit at!
proposed agreement cfocuments to OCED at least thirty (30} days prior to the start
date of the agreement OCED shall have no abiigation ta approve payment of
any expenditure {resulting from an agreement or subcontract) which was
incurred prior ta the appraval by OC~D af such agreement or subcontract.
2. The additian of any positions not specifically listed in the approved budget
3. The modification or addition of all job descripfions.
4. The purchase of aff nonexpendable personal property not specificaliy listed in the
approved hadget.
S. The dispusition af alt real, expendable personal, and nonexpendable personal
property as defined in Section tl, Paragraph Q.1. of this contract
8. Ali out-of-town travel not specifically listed in the approved budget.
7. The disposition of program income not specifcalty listed in the approved program
income budget.
8. The publication of proposed Sa!icitation Notices, lnvitations for Bids and Requests
for Proposals as pravided for in Section II, Paragra~ah N of this contract.
9. The disposal of all contract recards as provided for in Section II, Paragraph J of this
corstract
M. Monitoring
The Awardee shall permit OGED and other persons duly authorized by dCED to inspect att
contract records, facilitiss, equipment, materiais, and services of the Awardee which are in
any way connected to fhe acfivities undertaken pursuant to the terms of this contract, and/or
to interview any clients employees, subcontractors, ar assignees of the Awacdee. Following
such inspection or interviews, OCED will deliver to the Awardee a report of €ts findings, and
the Awardee will rectify alf deficiencies cited by.OCED within the specified period of time set
forth in the report, or provide OGED with a reasonable justi~icatiao for not correcting the
deficiencies. OCED will determine, in its sole and absolute discretion whether or not the
Awardee's justification is acceptable or if ffie Awardee must, despite Ehe justification, rectify
the deficiencies cited by pCED in its report.
N. Conflict of Interest
The Awardee agrees ta abide by the provisions of 24 CFR 84.42 (24 CFR Pa~t 85.36 fvr Public
Agencies) and 24 CFR 578.6i4 with respect to conflicts af interest, and covenants that it
presentfy has no financia! interest and shall not acquire any Fnancial interest, direct o~•
indirect, which wou{d conf~ict in any manner or degree with the performance of services
requried under this Agreement. The Qwardee futther covenants thaf in the pertormance of
tfiis Agreement no person having such a financiaf interest shat! be employed or retained by
the Awardee hereunder. These conflict of interes# grovisions apply ta any person who is an
employee, agent, consulta~t, officer, or elected oificial or appo3nted official of the County, or
of any designated pubEic .agencies or svbrecipients which are receiving funds under the
CDB6 Enfittement program.
I2
7he Awardee shall submit to OCEb within five days of execution of this cantract atl updated
Conflict of Interest a~davits, Related Party Disclosure statements, list o# current Board
members, and list of atl business associations with the tollowing docurnents:
- Original contract or its subsequent amendments.
D Requests for budget revisions.
- Requests for approval at subcontracts.
Non-compliance with the above requirements wi11 be considered a breach of contract, which
will result in the immediate termination of the agreement, the recovery af the entire funding
award, and the disqualification of funding through OCED #or a period af three years.
The Awardee shalf clisc~ose any passible conflicts of interest or apparent improprieties of any
party that are covered by the above standards. The Awardee shail make such disclosure in
writing to OCEO immediately upon the Awardee's discovery of such passible conflict. OG~D
wili then render an npinion which shall be binding on ail parties.
O. Publicity, Adverfisements and Signage
1. The Awardee shall ensure that all publicity, public relations anc! advertisements and
signs, recognize the Miami-Dade O~ce of Community and Economic Development
{OCED) and Commurrity Devetopment Block Gran# {CDBG) for the support of all
contracted activities. This is to include, but is not limited to, ail posted signs,
pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news
releases, media packages, promotions, and stationery. AI! 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-Qade OCED logo is permissible
'fhe Awardee shail furnish, erect and maintain construction signs in accordance with
sketch irtcWded in these contract documents. The signs shalf be made of '/, inch
thick marine ptywood, newly painted and lettered according to the accompany"mg
sketch. The signs shall l~ painted and lettered in accordance with professional
outdoar sign painEing standards as .to layout, symmetry, proportion, clarity and
neatness and use of weather-resistant colors and materials. The Awardee shall place
the signs, securely braced and mounted, as shown on the typical project sign
ptacement tfiagram ar as dicected by the engineer. All materials shall be provided by
the Awardee and the signs sha11 remain in the property of the Owner at the
completion of the contract. NO WOR!( SHAtL COMMENCE UNTtL THE PROJECT
SIGNS ARE SECURED IN PLACE. THE SIGNS SHAL[. BE IfV ACCORDANCE WITH THE
DETAIL SHOWN IN ATTACNMENT F. For this project signs will be required. Payment
for fumishing, installing and maintaining the sign shall be under the bid amount €or
mobilization.
P. Procurement
The Awardee must take a~rmative steps ta 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 subcantracts to be procured
pursuant to this conVacL To the maximum extent feasible, these businesses shalf be iocated
in or owned by resideats af the Community Developrr-ent areas designated by OCED in the
CDBG application approved bythe supervising federal agency. The Awardee shall assure Ehat
al! subc4ntracts or third party agreements contain provisions with stated goals, that low-
income residents from Community Development focus and service areas be pr~vided with
oppoctunities for employment and training in contracted actfvities.
tn conformance with Section 3 of the liousing and Cocnmunity Development Act of 49fi8, the
Awardee must direct federal financial assistance toward Target Area residents and ensure
thaE employment and economic opportunities be given to low and very low-income persons,
particularly thase who are recipients of go~ernment assisiance for housing accordRng to ths
guidelines mentioned below:
'!. The wark to be performed under this contract is subject to the requirements of section 3 of
the Housing and Urban Qevelopmeni Act of 1968, as amended, 12 U.S.C. 1701u {section 3).
7he parpose of section 3 is to ensure that empEoyment and other economic opportunities
generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the
13
greatest extent feasible, be directed to !ow- and very low-income persons, particularfy
persons who are recipisnts of HUD assistance for hausing.
2. The parties to fhis contract agree to comply with HUD's regutations in 24 CFR part 135, which
imptement section 3. As evidenced by their execution of this conVact, the parties to this
conU^act certify that they are under no cantractual or other impedirnent that wauld prevent
them from campiying with the pa~t 135 regutations.
3. The Awardee agrees to send to each labar organizafion or representative of woricers with
which the Awardee has a coilective bargaining agreement or ofher understancting, if any, a
notice aclvising the labor arganization or warkers' representative of the Awardee's
commitments under this section 3 clause, and will post copies of the natice in conspicuous
places at the work site where both employess and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shali set
forth minimum number ancE job titles subject to hire, availability of apprenticeship and training
positions, the qualifications for each; and the name anr! location of the person(s) taking
appiications for eacb of the positions; and the anticipated date the wark shatl begin.
a. The Awardee agrees to include this section 3 clause sn every subcontract subject to
compliance with regulations in 24 CFR part 135, and agress to take appropriate action, as
provided in an applicable pravision of the s~bcontract or in this section 3 clause, upan a-
finding that the subcontractor is in violatian of the ~egulations in 24 CFR pa~t 135_ The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 935.
5. The Awardee will cer#ify that any vacant employment pasitions, including training positions,
that are fillec! ('f ) after the Awardee is sefected but before the contract is executed, and (2)
with persons other than those to whcm the regulations of 24 CFR part 135 require
empioyment oppottunities to be directed, were not filled to circumvent the Awardee's
obiigatians under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 735 may result in sanctians,
terminat'ton of this contract for default, and debarment ar suspension fram future HUD
assisted contracts.
7. With respect to work perfarmed in connection with sectior_ 3 covered Indian housing
assistance, section 7{bj of the lndian Setf-Determination and Education Asststance Act (25
U.S.C. 450e) also applies to the wark to be pertormed under this contract. Sectian 7(b)
~ requires that to the greatest extent feasible (i) preference and opportunities for training and
emptoyment shall be given to lndians, and (ii) preference in the award of contracts and
subcontracts shatl be given to lndiari organizatians and Indian-owned Economic Enterprises.
Parties to this contract that are subject ta the provisions of section 3 and section 7(b) agree to
comply with section 3 to Ehe maximum extent feasibfe, but not in derogation of compliance
with section 7(b}.
8. Fair Subcontractinct Palicies tOrdinance 97-351
Al! Award~es on Cflunty cantracts in which subcontractors may be used shalt be subject to
and compfy with Ordinance 97-35 as amended, requiring Awardees to provlde a detailsd
statement of their policies and procedures for awarding subcontracts which:
a) notifies the braadest number of Facai subcontractors of the appartunity to be awarded a
sabcontract;
b) invites local subcontracfors to submit bids/proposats in a practical, expedient way,
c) provides local subcontractors access to information necessary to prepare and formulate
a subcontractiag bid/proposal;
s1}`~;:;allows tocat subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirernents; and
~a ~~i:=awards subcontracts based an fu[I and complete consideration of all submitted propasals
and in accardance with the Awardee's stated objectives.
Ait Awardees seeking to contract with the County shall, as a condition ot award, provide a
statement of Yheir subcantracting policies and procedures (see attached Form A-7.2).
Awardees who fail to provide a statement of their policies and procedures may not be
recommended by the Caunty Manager for award by the Board of Caursty Commissioners_
14
The term "iocal" means having headquarters located in Miami-Dade County or having a place
of business located in Miami-Dade Caunty from which the cont~act or subcontract wilF be
performed.
The term "subcontractor" means a business independent of a~ Awardee that may agree with
the Awardee to perform a partior of a contract.
The term "subcontracY' means an agreement befween a Awardee and a subcontractor to
perform a portion of a contract befween the Awardee and the County.
Q. Property
Definitions
a. 12ea1 Property: Land, land improvements, structures, fixtures and
appurtenances thereto, exciuding movable machinery and equipment.
b. Persanal Property: Personal property af any kind except real property_
1) Tangibie: All personal property having physical existence.
2) Intangible: A#t personal property having no ahysical existence suci~
as patents, inventions, anc! copyrights
c. Nonexpendable Personal Property: Tangible persona{ property of a
noncoasumable nature, with a value of 5500 or more per item, with a normai
expected life of ane or more years, not fixed in place, and nat an integral pa~t
of a structure, faclltty or another piece of equipment.
d. Expendable Personat Property: AI! tangible persona! property other than
nanexpendable property.
2. The Awardee shall comply with t~he real property requsrements as stated below:
a. Any reaJ property under the Awardee's control that was acquired or improved in
whole or fn part with C~BG funds received irom OCED in excess of ~25,000 shall
be either:
1) Used ta meet one of the three (3) CDBG national objectives
untii' ~ive years after the expiration or termination of this
contract, or for such longer period nf time as determined by
OCED in its sofe and absoEute discretion; or
2) Not used to meet one of the three {3) CDBG Hafionat Objectives. In
the event the property is not nsed ta rneet one of the national
dbjectives for five (5} years following the expiration or termination of
this Awardee such lo~ger period as determined by OCED-there the
Contract or shaN pay to UCED an amount equal to the market value
af fhe property as may be determined by OCED in its so3e aad
absolute discrefion, less any proportionate portion of the vafue
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Reimbursement is aot required after
the period af fime specified in Paragraph Q.2.a.1., above.
b. Any reat property under the Awa~dee's control that was ~cquired or
improved in whole or in part with CDBG funds from OCED for $25,000
or tess sttall be disposed of, at the expiration or termination of this
contract, in accordance with instructions from ~CED.
c. AII real property purchased or improved in whole or in part with funds
from this and previous contracts with OGED, or transferred to the
Awardee after being purchased in whole or in part with funds f%m
OCED, shatl be listed in the property recards of the Awardee and shal{
inciude a lega[ descriptian; size; date of acquisition; value at tirr~e of
acquisition; present markeE vaEue; present condition; address or
15
tocation; awner's name if different from the Awardee; informatian on
the transfer or dispasition of the property; and rreap indicating
whether property is in parcels, lots, or blocks and showing adjacent
streets and roads. 7he property records shall clescRbe the
programmatic purpose for which the property was acquired and
identify the CD6G national objective that witl be met. If the property
was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG
national objective that will be met.
d. For awards invofving the purchase or improvement of reai property,
the Awardee agrees to execute a mottgage, toan document, or
restrictive cavenant fo~ Ehe CDBG award with OCED witt-in '180 days
after the executian af this agreement, ~'ailure to compfy with this
requirement may resuit in the retraction oi` the CDBG award for the
project and termination of this agreement.
e. All rea[ property shat! be inventoried annually by the Awardee and an
inventory report shall be submitted to OCED. This report shati include
the elements listed in Paragraph T.2.c., abo~e.
3. The Awardee shall comply with the nonexpendable personal property requirements
as stated below.
a. AI! nonexpendable personal proper#y purchased or improved in whole
or i~ part with funds from this and previous contracts with OCED
shall be listed in the property records of the Awardee and shall
include a description o# the property; Iocation; medel numl~er;
manufacturer's serial number; date of acquisitian; funding saurce;
unit cost at the time of acquisitian; present rrta~ket value; property
inventory nur~nber; fnformation on its condition; and infarmation on
transfer, replacement, or disposition of #he property.
h, Al! nonexpendabl~ personal property purchased or improved in whote
or in part with funds from this and previous~contracfs wiEh OCED
shall be inventoried annually by the Awardee and an inventory report
shall be submitted to OCED. 'Fhe inventory repart shal( include the
elements listed in Paragraph 4.3.a., above.
c. Title (ownership} to all nonexpendable personal property purchased in whole
or in part with funds given to the Awardee pursuant to ti~e terms of this
contract shali vest in the County and OCED.
4. The Awardee shall obtain prior writ#en approva[ from OGED for the
disposition of real property, expendabEe personal praperty, anc!
nonexpendable personal property purchased ar fmpraved in whole ar in part
with funds given to the Awardee or subcontractor pursuant to the terms of
tltis contract. 7he Awardee shalf dispose of all such property in- accordance with
instructions from aCED. Those instructions may require the retum of aIt such
property to OCER_
R. Pragram Income
4. Program ir~come as defned in 24 CFR Part 570.500 means gross income received by
fhe Awardee directly gsnerated from activities supported by CDBG tunds. When
program income is generated by an activity that is only partially assisted with CDBG
funds, the incame shall be prorated to reflect the percentage of CQBG funds used.
2. The Awardee shall not, under any circumstances, use program income ta pay for
charges or expenses that are specifecally not al~owed pursuant to the ternts of this
contract and applicable federaE regulations or rutes ar any County ruies or ardinance.
16
a. The Awardee shaEl comply with the program income provisions in OCED`s
Contract ComAliance Manual. !f any program income provisions of the
Contract Com~Fiance Manual conflict with any program income provisions of
this contract, the provisions of this contract shall ru{e.
b. The Countv may in its sale discretion ailow Awardee to Use Proqram
Income to carry out etiqi6le activities. The Awardee mav request to
use Proqram income for eligibis activities. if the Awardee reQUests to
use Proqram income, the Awardee shall report to OCED ail cu~nutative
Program income generated from activities financed in whofe or in part
by funds from this contract. This information, alonq with a check
payable to Miami-Dade County for the aenerated Proqram Income,
must be submitted auarterly as aart af the Fiscal Section of the
Awardee's Proqress Reaort as outlined in Section !I, Parapraph D.2.a.
c. The Awardee shatl repa~t Program income for as long as it receives
andlor has controi over Program Income generated from this and any
previous cantracts with OCED.
d. The Awardee shall provide to (1CED a writ~en axplanation of the
activities to be assisted with Program fncome and shall obtain
~CED's written approval prior to impiementing those activities. AEI
prpvisions af this contract shail apply to any activity performed using
Program income.
e. Subject ta the limitations set forth in this paragraph, the Awa~dee may use
program i»come to fund any CRBG eligible actfvity as provided for and
defined by 24 CFR Part 57U et seq. _
f. Program income from a revoiving loan acti~iry mus# be used onty for the
same revolving loan activity.
g. Program incame from a revolving loar~ activity, such as loan repayments,
enterest earned, late fees, and investment income, shail be substan6ally
disbursed to eEigibie loans, loan-related programmatic casts, and operatianal
costs for the same revalving loan activity before the Awardee may request
additional GDBG funds #or that activity.
h. All program income Erdm nonrevolving foan activities shall be substantiatly
cfisbursed to carry ouf other OCED appraved CDBG eligible activities, and to
cover operationai casts before requesting additional CDBG funds.
i_ Any proceeds from the sale of property as detai{ed in Section It, Paragraph
Q.4., above, shafl be consedered program i~come.
j. The Awardee shall obtain, as part of the required audit report, vaiidation by a
certified audifor of a!I program generated incame and its disposition.
3. Upon expiration or termination of this contract or at the end of any program year, the
Awardee shaEl transfer to the County any program income funds on ~ hand, and any
program income accounts recetvaisle attributable to any CDBG funded activities.
OGEO may, require remittance of a!1 or part af any program Income balances
(inclading investments thereofl held by the Awardee (except those needed for
immediate cash needs, cash batances of a revotving laan fund, cash balances frorre a
I~mp sum drawdown, or cash or investments held for Section 1Q8 Security needs).
4. OCED, in its sote and absoiute discretion, reserves the right to pursue other courses
of acSon in the retention and use of program income generated by the Awardee, and
such action shall not require an amendment to this contracts.
S. Travet
7he Awardee shall comply with the Count~s' travel policies. Documentation af ttave!
expenses shatl conform to tfie requirements of OCED's Contract Compliance Manual.
17
T. Subcontracts and Assignmenfs
1. l7nless otf~erwise specifisd in this contract, the Awardee shall not subcontract any
portion of the wark without the prior written cansent of the Courtty. Subcontracting
withaut the prior consenf of the County may result in fermination of the contract for
breach. When Subcontracting is allowed, the Awardee shall comply with County
Resolution No. 9634-93, Section 10-34 of the County Code and Section 2-8.8 of the
County Code. The Awardee shall ensure that all subcontracts and assignments:
a. Gompfy with ait requirements and regutatiorts specified in OCED's Contract
Comtsliance Manuai;
b. Identify the full, correci, and legal name of the party;
c. describe the activities to be performed;
d. Aresent a complete and accurate breakdown ~f'rts p~ice compone~t;
e. Incorparate a provision requiring camptiance with all applicahle a regulatory
and other requirements of this contraet and with any conditions of approval
that the Coun~y o~ OCED deem necessary. i'his applies only to subcontracts
and assignments in which part~es are engaged to carry out any eligible
substantive programmatic service, as may be defined by OCEQ, set farth in
this contract OCED shall in its sale discretion deterrnine when services are
eligible substantEve programrnatic seroices and subject ta the audit and
record-keeping requirements described abave, and;
f. Incarporate the language af Attachment E, "Certif-cation Regarding
Lobbying."
2. The Awardee sha!! incorporate in al( consultant subcantracts this additional
provision:
The Awardee is not responsible for any insurance or oEher frir~ge benefts, e.g., social
secan'~y, inc~me tax withho(dsngs, retirement or leave benefits, far the Gonsultant or
empioyees af the Consultant normally available to direct empioyees of the Awardee.
'Fhe Consultant assu-nes full responsibility for the provisian af all insurance and
fringe benefits for himself or herself and employees retained by the Consuttant in
carryiRg out the Scope of Services provided in this subcontract.
3. The Awardee shait be responsible for monitoring the contractuaf performance of alI
subcontracts and their progress toward meetirtg the approved goafs and objectives
indicated in the attached Scope of Services
4. The Awardee shalf receive from OCED wrilten prior approvai far any subcontrac# prior
to engaging any party who agrees to carry out any ~substantive programmatic
activities as may be determined by OCED as described in this cantract OCED's
appravaf shall be obtained priar to the release af any funds for the subcontractor.
5. The Awardee shall receive written approvai from OCED prior to either assigning or
transferring any obligations or responsibitity set forth in this contract or the right to
. receive beneflts ar payments resulting from this contracE.
6. Approval by ~CED of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by OCED in
excess af the total daltar amount agreed upon this contrac~
7, tf the subcontract involves ~1~0,000 or more to provide services iisted in the Scope of
Services ar supptiers to supply the materials, the Awardee sha3! provide the names of
the subcontractors and supp[iers to OCED. The Awardee ag~ees that it will not
change or substitute subcontractors or suppliers from the list without prior written
approval from OCED.
U. Additiona! Funding
t8
i'he Awardee shall notify OCED of any additional funding received for any activity described in
this contract Such natification shali be in writing and received by OCED within thirty {3Q}
days of the Awardee's notification by the funcfing source.
V. Method of Payment
The Awardee shall be paid as described belaw:
1. Fhe Awardee shall be paid for those expenses allowed pursuant to the provisions
provided below only when the Awardee submits to OCED adequate proof, as
determined by OGED in its sole discrefion, that the Awardee has incurred the
expenditures. Et shall be presumed that the Awardee has provided adequate proof of
having incurred expenses if the Awardee submits to OCEA canceted checks or
origi~ai invaices approved by the Awardee's authorixed representa~ive. When original
documents cannot be presented, the Awardee must adequaEely justify their absence
in writing and furnish copies of those documents to OCED. The Awardee must
adequately justify their at~sence in writing and furnish copies of those documents to
OGED. The Awardee shall be paid only for those expenditures cantained within
Attachment B, "Budget," to this contract as it may be revised with the prior written
approvai by OCED.
2. Requests for payment shall be assembled by calendar month and submitted to OCED
no less frequentfy than monthly. Expenditures incurred by the Awardee must be
submitted to OCED far payment within 30 days after the month in which the
expenditures were incurred, Faifure to comply may result in rejectton of invoices.
3. In no event shali the Caunty provide advance CDBG funding to the Awardee or to any
subcontractor hereunder nor shafi the Awardee advance CDBG funds to any party.
4. Any payment due under the terms af this contract may be withheld pending the
receipt and approval by OCED of a!{ reparts and documenfs which khe Awardee is
required to submit to ~CEd pursuant to the terms of this contract or any
amendments thereta.
5. !~€t paymertts wil! be fimited to the quarterly payment schedule that accompanies the
action step chart in the scope of services and pa}~rnent is contingeot on the
achievement by the Awardee of the quarterly accomplishment levels identified in the
scope of services portion of this agreement - Attachmept "A," which shall be
submitted with all payment requests and sha(1 clearly identify the compieted level of
accomplishrr-ents met. This shall also app)y to soft costs associated with project
deEfvery.
6. No payments wi{I be made without evidence of appropriate insurance required by this
contract. Such evidence must be on fi!e with OCED and the Count~s Risk
Management Division. QCED must receive the finat request far payment from the
Awardee np more than thirty (80} calendar days after the expiration or termination of
this contract. If the Awardee fails to comply with this requirement, tt-e Awa~dee will
forfeii all rights to payments if OCED, in its sole discretion, so chooses.
7. Within thirty (30) calendar days after this contract expires ar is terminated, the
Awardee shali provede to OCED a lisf of a[i invoices and costs that relate to this
contracYs appraved Budget and that have no# been submitted to OCED. Any invoice
received by dCED, subsequent ta receFpt of this list by OCED which reflects a cost
not included on this list will not be paid.
8. Af( monies paid to the Awardee which have not been used to retire outstanding
obligations of this contract must be refunded to OCED in accordance wifh OCED's
Contract Coma(iance Manual.
9. Any unexpended funds remaining after the completion af the seroices under ihis
contract,. or after termination af this contract for any reason, shail be recaptured in
full by the County.
10. In the event the County determines that the Awardee has breached the terms
of this agreert~ent and that the Counky is entitled ta return of any or al! of the
funds awarded under this contract, Awardee agrees to and shal! assign any
proceeds to the Caunty from any contract between the County, +ts agencies
I9
or instrumentalities and the Awardee or any firm, carporatian, partnership or
joint venture in which the Awardee #~as a contratting ~nancial irrterest in order
to secure repayment of this award. "Controtling financial interesY' shall mean
ownership, directly or indirectly to ten percent or more of the outstanding
capita! stock in any corporation or a direct or indirect interest of cen percent
or more in a frm, partnership or other busi~ess entity.
W. Reversion of Assets
The Awardee shal! return to OCED, upon the expfration or termination of this
contract a!t assets, owned or held by Awardee as a result of Ehis cantract, incluciing,
but not limited to any CDBG tunds on hand, any accounts receivable, any
overpayments due to unearned funds ar costs disallowed pursuant to the terms of
this cantract that were disbursed to the Awardee by the County, other than
reasonable aperating and deficit reserves established by Awardee and which are
connected with the reaf property. In the case af activities invotving real property,
such reserves shali not be distributed to any partner or subcontractor prior to
repayment to OCED of the CDBG Laan. Fhe Awardee shal! at the request af the
County execute any and aU documents, including but nat timited ta mortgages
securing the property and UCC financing statements, as required by the County to
effectuate the reversion of assets.
III. The County Agrees:
Subjec# to the availability of €unds, to pay far contracked activities according to fhe terms and
conditions contained within this contract in an amount not ta exceed $375,000.
IV. The Awardee and OCED Agree:
A. Effective Date
Fhis contract shall begin on Januarv 1, 2007 , Any costs incurred by the Awar@ee
prior to this date witl nof be reimbursed by the County.
2. This contract shall expire on June 30. 2008. Any casts incurred by the
Awardee beyond this date will not be reimbur_sed by the County. The *.erm of
this agreement and the provisions herein may be e~ctended by the County to
cover any additanat time period during which the Awardee remains in control
of the CDBG funds or other assests, including Program Income ta support
CDBG eligible activifes. Any extension made pursuant to this paragraph shall
be accomplished by a writing by the County to the Awardee. Such notice
shail automatically become a part of this contract.
3. This contracf may, at the sole and absolute disrxetion of the County and OGED,
remain in effect during any period that the Awardee has contro! over contract funds,
i~cluding program incorrte. However, the County shall have no obligation or
responsibility to make any payment, except those described within Section_ II,
Paragraph V, or provide any fype of assistance or support to the Awardee if this
contract has expired or been terminated.
8. Suspension
1. OCED may, for reasonabie causes as determined in OCED's sale and
absolute discretion, temporarily suspend the Awardee's operations and
authority to obligate funds under this contract~ o~ withhald payrrtents to tFre
Awardee pending necessary eorrective action by the Awardee or both.
Reasonable cause shali 8e determinecl by OCED, in its sole and absolute
discretion, and may incfude, but is nat limited to:
a. Ineffective ar improper use af these cantract funds by the Awardee ar any of
its subcontractors;
b. Failure by the Awardee to cornply with any term ar provision of this cor~traet;
20
c. Failure by tF~e Awardee to submit any documents required by this cantract; or
d. The Awardee's submittaf of incorrect or incomplete reports or other required
documents.
2_ tn the svent of a defsult by fhe Awardee, QCED may at any time suspend the
Awardee's autharity to obligate funds, withhold payments or both. These actions may
appEy to only part or all af the activities funded by this contract
3. OCED wili notity the Awardee of the type of action to be taken in writing by certified
-nail, retum receipt requested, or in person with proaf of delivery. The notification will
include the reasan(s) for such action, the condifions of the action, and the necessary
corrective action(sj. OCED will give ti~e Awardee reasonable appartunity to rectify
any action or inaction referenced above.
C. Termination
1. Termination af Will
7his contract, in whole or in part, may he terminated by OCEQ upon no less than ten
(10) working days notice when OCEQ determines that it wautd be in the best interest
of OCEO and the County. Said notice sF~all be de{ivered by certitied mail, return
receipt requested, or in person with praof of delivery.
7ermination for Convenience
OCED may terminate th'ss contract, in whole part, when both parties agree that the
cantinuation of the acEivities would not produce beneficfal results commensurate
with the furEher expenditure of funds. Bath parties sha{! agree upon the termination
conditions. OC~D, at its sole discretion, reserves the right to terminafe this contract
without cause upan thirty {30y days wriEten notice. Upon receipt of such notice, the
Awardee shafi ~ot incar any additional cost under this contract. OCED shatl be liabfe
O~'IIy ~Of reasonable costs incurred by the Awardee prior to notice af termination.
OCED shall be the sote judge of "reasonabte costs:'
3. Termination Because of l.ack of Funds
!n the event of a funding short-falt, or a reduction in federat appropriations, or should
funds to finance this contract become anavailable, OCED may terminate thfs contract
upon no less than twenty-four (24) hours written notification to the Awardee. Said
nofice shatl be delivered by ce~tified mail, return receipt requested, or in person with
p~oof of delivery. OCED shall be the f~nal autharity in determining whether or not
funds are available. UCED may at its discretion terminate, renegotiate andlor adjusE
the contract awacd, whichever is in the best interest af the County.
4. Termination for Substantiaf Funding Reduction
in ttse event of a subsfarstial funding reduction of the ailocatian to the Awardee
through Board of Caunty Commissfoners action, the Awardee may, at its discretion,
request in writing from the Director oF OCED a celease from its contractuai
obligations ta the County. The Director of OCED wili review ti~e efEect of the request
on the community and the County prior to making a finai determination.
5. Termination for Breach
OCED may terminate this cantract, in whote or in part, when OCED determines, in its
sole and absolute discretion, that the Awardee is not making snfficient progress
thereby endangering the ul6mate contract performance, or is not materially
complying with any term or provision of this corttract.
Unless the Awardee's breach is waived by OCED in writing, OCED may, by written
notice to the Awardee, terminate this contract upan no less ti~an twenty-four (24)
hours notice. Said notice sF-ali be delivered by certified mail, return receipt requested,
or in person with proof of deiivery. Waiver af 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 modificafian of the terms of this contract The provisions herein do not limit
4CEd's right to legaf or equi#abie remedies.
2l
6. Penalties for Fraud, Misrepresentation or Material Misstatement
tn accordance with the Code of Miami-Dade Caunty, 5ectian 2-8.1.4, any individual or
corporation ar other entity tt~at attempts to meet its contractuai obiigations with the
County through fraud, misrepresentation or material misstatement, shall be
terminated, whenever practicable, as determined by the County.
The County may terminate ar cancet anp other contracts with such individual or
subcontracted enti#y it has with the Caunty. Such individual or entity shall be
respansible far all direct and indirect costs associatetl with such termination or
canceltatian, including attorne~'s fees.
The foregoing notwithstanding, any indirridual or entrty who attempts to meet its
contractaat ubligations with Ehe County through fraud, mDsrepresentation or material
misstatement may be disbarred irom County contracting for up to fvs (5) ysars.
a.
E.
7. Payment Settlement
If fermination occurs, the Awardee wiit be paic! far allowat~Ee costs incurred in
carrying out activities required by this contract up to the c9ate and ti~ of termination.
Renegotiation or Modification
t. Madifcations af provisions of this contract shalt be va(id only whe~ in twriting and
signed by duly authorized representatives af each party. 1'he parties agree to
renegotiate this contract if OCED, in its sole and absolute discretian cletermines that
federal, state, andlor Gounty revisions of any app(icable laws ar regu(ations, or
increases ar decreases in budget a(tocations make changes in this contract
necessary. OCED shatl be the final authority in deterrnining whether or r~ot funds for
this contract are available due to Federal, state andlor County revisions af any
applicable iaws or regulations, or increases or decreases in budget alEocations.
2. CONTRACT EXTENSION
The County shatl have the right to exercise an option to extend this contract far up to
one ye~r beyond the current Cantract period ancf wift notify the Awardee{s} in writ~ng
of the sxtension. This contract rnay be extencled beyond fhe initial year extension
period upon mutual agreement between tbe Caunty and the Awardee{s), upan
approval by the Qirectoc of the Office of Community and Ecanomic Deveiopment.
Right to Waive
OCED rnay, for good and sufficienk cause, as determined by OCED in its sole and absolufs
discretion, waive provisians in this cantract or seek ta obtain such waiver from the
appropriate authority. Waiver requests fror~ the Awardee shall be in writing. Any waiver shall
not be construed to be a modification of this contract
OCED's faifure to exercise any of [Es rights under this contract or OCED's waiver af a
pravision on any one oecasion sha!! nQt constitute a waiver of such rights or provision on any
other occasian. F1o failure or delay by OCED in the exercise af any right shatt operate as a
waiver.
F. Bodget Revisions and Changes to the CDBG Etigibility Activity Title
1. Revisions to the Budget (Attac~ment 8} shat{ be requested in writing and must
camply with OCED's Contraci Compliance Manual. These revisions shall not require
a conttact amendment unless the amount of this contract is changed or unless
othervvise required by OCED. All budget revisions shalf require the written approval
of OCED. OCED shalt~.have no obligatian to a~prove payment of expenditures
incu~red prior to the approvat of the budget revision related to such
expenditures.
2. 8udget Revisions Through Caunty ResoluEion
Shoufd a porteon af the funding allucation to the Awardee be rescinded by actian
from the Board of County Commissioners, written natification via certifed mail to the
Awardee advising af the funding reduction shalf be sent by OCED no iater ihan 5
22
working days of the acfian; written notification wil) constitute a contract amendrnent.
The Awardee witi have five workeng days upan receipt o~ certified return receipt
notificativn ta submit a revised budget reflecting funding adjustments. Should the
madified budget not be received within the specified time, OCED wil! revise the
budget at its discretion.
OCED in its sole and absolute cliscretian will determine whether substantial
reductfons will necessitate revision and resubrnit#al of the Scops of Service
(Attachment A). Revisions to the Scope of Service, when requirecl, will t~e negofiated
to the mutual safisfaction of both parties.
3. RevisIons to the CDBG eligibility activi#y 6tfes under which this contracYs objectives
are classified as noted in the 5cope af Services shali not require a contract
amendment
G. Disputes
In fhe event an unresolved dispute exists between the Awardee and OCED, UCED shall refer
the quest~ons, including the views of alt incerested parties and the recommendation of OCEq,
to the County Manager for determination. The County Martager, or an authorized
representative, will issue a determination within thirty (30) calendar days of receipt and so
advise OCED and the Awardee or in the event acFditiorrel time is necessary, OCED wili natify
the Awardee within the thirty (30} day period that adclitional tirrse is necessary. The Awardee
agrees that the County Manager's determination sha11 be final and binding on atl parties.
H. Headings
The section ancf paragraph headings in this contract are inserted for conve~ience oniy and
shall nat affect in any way the meaning or interpretation of this contract.
Minority Participation
In arder to gain greater Black business participation, the Awardee may submit its contracts to
the County Manager for bidding and award "sn accordance with County policies and
procedures.
Proceedings
This contract shall be construed in any mann~r pe~taining or relating t~ this contracf shatt, to
the extent permitted by faw, be held in Miami-Dade County, Florida.
K. Indeperedent Private Sector Inspector Genera! Reviews
1, Miami-[?ade Gounty has established the Office of the Office of Inspector General
which is empowered to perfqrm random audits on ail County contracts throughout
the duration of each contracf. Grant recipients are exempt from paying the cost of
the audit which is narmally'/, of 1% af the tota! contract amounf.
The Miame-Dade County Inspector General is authorized and empowered to review
past, presenE and proposed Courtty and Pubtic Heatth Trust programs, contracts,
transactiaas, accounts, recdrds and programs. !n addition, the Inspector General has
the power to subpoena witnesses, administer oaths, require the production of
records and monitor existing projects and programs. MonFtoring of an existing
project or program may include a report conceming whether the project is on time,
within budget and in compliance with plans, spec+f+catians ar-d applicable law.
7he Inspector Generai is empowered to analyze the necessify of and reasonabteaess
of proposed change orders to ihe Contract The Inspector Generaf is empowered to
retain the services of independent pcivate sector inspectors geReral {IPSIG} to audit,
investigate, monitor, oversee, inspect and review operations, adivities, performance
and procurement process including but not limited to project design, bid
specifications, proposal submittats; activities of the Provider, its officers, agents and
employees, lobbyists, County staf~ and efected officials to ensure compliance with
contract specifications and to detect fraud an8 corruption.
Upon ten {#0) days prior written notice to the Pravider from the lnspecto~ Generat or
IPSfG retainec! by ihe Inspector Generat, the Provider shall make at! requested
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~ecords and documents available to the lnspector General or IpSiG far inspection and
copying. The tnspector General and lPSIG shall have the right to inspect and copy a!I
documents and records in the Provider's possession, custody or control which, in
the tnspector General or !pSlG's sole judgment, pertain io performance of the
contract, including, but nat limited to origina! estEmate filss, worksheets, proposals
and agreements from and with successful and unsuccess€u! subcot~tractors and
suppliers, afl project-related correspondence, memoranda, instructions, financial
docurr-eRts, construction documents, proposal and contract documents, tsack-charge
documen#s, ali documents and records which invalve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and personnei
records, and supporting documentation for the afaresaid documents and records:
The provisions in this section shall apply to the Provider, its o~cers, agents,
employees, subcontractors and suppfiers. The Provider shall incorporate the
provisi~ns in this section in all subcontractors and ail other agreements executed by
the Provider in c~nnnecEion with the performance of the contract.
Piothing in this contract shall impair any independent right af the County to conduct
audit or investigativa activities. The provisions of this section are neither intended
nor sMall they be construed to impase any liability on the County by the Provider or
third partEes. The Awardee is aware that Miami-Qade County Office of ft~e i»spector
Genera~ has the right to perform ramdom audits on ali county contracts throughout
the duration of each contract. Grant Recipienfs are exempt from paying the costs of
the audit, which is normally'/. of 1% af the total contract amount.
L. Nofice and Contact
OCED's representative for this contract is Zafar Ahmed.. The Awardee's representative for this
contract is Danny Rasemond. The Awardee's principa! office is at 7515 NW 167 Street,
Building 5, Suite 200 Miami Gardens, FL 331B9. The Awardee's telephone number is 305 622-
saos.
In the event that different representatEves are designated by either party after this cantract is
executed, or the Awardee changes its address, notPce af the name of fhe new representative
or new address wltl be rendered in writing to the other party and said notifcation attached to
originals of this contrac~
M. Name and Address of Payee
When payment is rnade ta the Awardee's assignee, the name and address of the official payee
is: N/A
N. Waiver of Trial
Neither fhe Awardee, subcontractor, nor any other person liable for the responsibilities,
abligatians, services and representations herein, nor any assignee, successor, heir or
personal representative of fhe ~4wardee, subcontractor or any such other person or entity
shalf seek a jury trial in any lawsuit, proceed+ng, counterclaim or any other litigation
pracedure based upon or arising out o€ this Contract, or the dealings or the relatianship
between or among such persons or entities, or a~y of them. Neither Awardee, subcontractor,
nor any such person or entity will seek to consotidate any such action in which a jury trial has
been waived. The provisions of this paragraph have been fully discussed by the paRies
hereto, and the provisions hereof shall be subject to na excepfions. No party has in any way
agreed with or represented to any other party that the prov+sions of this paragraph wi~l not be
fully e~forced in all instances.
C?. Assignment
The Awardee shall nat assign, t~ansfer, hypothecate or otherwise dispose af this contract,
including any rights. titfe or interest therein, or its power to execute such contract to any
person, company or corporation witF-out the prior written cansent of the County.
P. Th~rd Parties
This agreement is intended for the sole and exciusive benefit af the pat#ies and is not
intended to bene~t any third party nor shall it be deerned to give rise to any rights in any third
party .
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P. Survivat
The parties acknowfedge that any of the obligations in this agreement, inctuding but
noYfirnited to Awardee's obfigation to indemnify the County, wi!! survive the term,
termination, and cancellation hereof. Accordingly, the respective obligations of the
Awardee and the County under this ag~eement, which by nature would continue
beyand the termination, cancellation ar expiration thereof, shaif survive termination,
cancetlation or expiration hereaf.
61. All Terms and Conditions lnctuded:
This contract and its attachments as referenced (Attachment A- Scape of Services;
Attachment A1 - Acfion Steps; Attachment B- Budget; Attachment C- Progress Report;
AtEachment D- Information for Environmental Review; Attachment ~- Certification Regarding
Lobbying; Attachment F- Publicity, Advertisements and Signage; and Attachment G-
Subgrant Agreement} contain alf the Eerms and conditions agreed upon by the parties.
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iN WITNESS THEREOF, the parties hereto have caused this twenty-six (26) page cantract to be executed by
" their undersigned officials as duly autharized, this day of 2007.
AWARDEE:
Ciry of Miami Gardens
MIAMI-bADE GOUNTY
BY: BY:
[JAME: t~AME:
Gearge M. Burgess
TIT'LE: TITLE: County Manager
DA7E:
BY: A'IT~ST
NAME SY:
TITLE: Clerk, Baard of County
TITl.E: Commissioners
DATE
Witnesses:
BY:
(Signature)
Type or Print Name
BY: ~
(Signature)
Type or Print Name
Federal !D Humber:
Resotution #:
Awardee's Fiscal Year Ending bate:
CORPORATE SEAL:
CONTRACT !S NOT VALID UN'FIL S(GNED AND DATED BY BOTH PARTIE5
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