HomeMy WebLinkAboutDISASTER RECOVERY FY 05G08G.20f0 DRI
Munia:ipality
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
Disaster Recovery Inititiave #08 -DB -D3 -11-23-01-A01
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND THE
THE CITY OF MIAMI
This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City
of Miami A municipal government organized under the. laws of the State of Florida hereinafter referred to as
the "Awardee".
The parties agree:
I. Definitions
DHCD Department of Housing and Community Development or its successor
Department
24 CFR Part 570 - CDBG Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended - Community
Development Slock Grant
Community Development A local agency that is organized to meet community development
Corporation needs with particular emphasis on. the economic development,
housing and revitalization needs of low -and moderate -income area
residents and which is receptive to the needs expressed by the
community.
Low- and Moderate- Income Person A member of low -and moderate -income family i.e., a family whose
income is within specified income limits set forth by U.S. HUD.
Contract Records Any and all books, records, documents, information, data, papers,
letters, materials,. electronic storage data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed, maintained, completed, received or compiled by
or at the direction of the Awardee or any subcontractor in carrying out
the duties and obligations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, maps, pamphlets, designs, electronic tapes, computer
drives and diskettes or surveys.
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Federal Award Any federal funds received by the Awardee from any source during the
period of time in which the Awardee is performing the obligations set _
forth in this contract.
Awardee Recipient of CDBG funds from Miami Dade County.
Subcontractor Any individual or firm hired on a contractual basis by the Awardee for
the purpose of performing work or functions cited on the Action Step
Format (Attachment "A) of this contract.
Subcontract
Any contractual agreement between a Subcontractor and the Awardee.
Department State of Florida, Department of Community Affairs
Subgrant Agreement Federally -funded Disaster Recovery Inititative Subgrant Agreement
entered into between the County and the Department for 2005
Community Development Block Grant Supplemental Disaster Recovery
Inititative funds -Attachment G
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!!. The Awardee Agrees:
A. Type of Activity
The Awardee shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Miami -Dade.
B. Insurance
To comply with Miami -Dade County's insurance requirements as well as any relevant
state of Florida insurance requirements.
C. Indemnification
The Awardee shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the County or its
officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out
of, relating to or resulting from the performance of this Agreement by the Awardee or
its employees, agents, servants, partners, principals or subcontractors. The Awardee
shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the County,
where applicable, including appellate proceedings, and shall pay all costs,
judgments, and attorney's fees which may issue thereon. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section
768.28 Fla Stat., subject to the provisions of that Statute whereby the Awardee shall
not he held liable to pay a personal injury or property .damage claim or judgment by
any one person which exceeds the sum of $100,000, or any claim or judgment or
portions thereof, which, when totaled with all other claims or judgment paid by the
Awardee arising out of the same incident or occurrence, exceed the sum of $200,0.00
from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the Awardee. The
provisions of this section survive the termination or expiration of this agreement.
D. Documents
The Awardee shall submit documents to DHCD as described below or any other
document in whatever form, manner, or frequency as prescribed by DHCD. These !
will be used for monitoring progress, performance, and compliance with this
contract and for compliance with applicable County and Federal requirements.
- 1 Progress Reports
a. The Awardee shall submit a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by
DHCD, which shall describe the progress made by the Awardee in
achieving each of the objectives and action steps identified in
Attachment A, "Scope of Services."
The Awardee shall ensure that DHCD receives each report in triplicate
(or as indicated) no later than October 10, 2008, January 10, 2009,
April 10, 2009, and July 10, 2009, October 10, 2009, January 10, 2010,
April 10, 2010, and July 10, 2010. October 10, 2008, January 10, 2011,
April 10, 2011, and July 10, 2011.
b. Quarterly Reporting when Subcontractors are Utilized
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Awardees are advised that when subcontractors or sub -consultants
are utilized to fulfill the terms and conditions of this contract, Miami -
Dade County Resolution No. 163493 will apply to this contract. This
resolution requires the selected Awardees to file quarterly reports as
to the amount of contract monies received from the County and the
amounts thereof that have been paid by the Awardee directly to Black,
Hispanic and Women -Owned businesses performing part of the
contract work.
Additionally, the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt of
such monies. For purposes of applicability, the requirements of this
resolution shall be in addition to any other reporting requirements
required by law, ordinance or administrative order.
The Awardee shall submit to DHCD a cumulative account of its
activities under this agreement by completing the following portions
of the Progress Report Form:
Section I - Status of Contracted Activities:
The Awardee must report specific information regarding the status of
the contracted activities, including accomplishments and/or delays
encountered during the implementation of the project and an
unduplicated count of clients served during the reporting period (if
applicable) for each federally defined ethnic category. Awardees
engaged in construction and/or housing rehabilitation projects shall
report on the progress of their activities including the number of
housing units completed and occupied by low -moderate and low
income -residents. The Awardee shall also report emographic
information on each head of household. Each goal and corresponding
objective(s), as indicated in the approved Scope of Services, must be
addressed as part of this report.
Section 11 - Fiscal Information:
The Awardee must report expenditure information based on approved
budgeted line items to reflect all costs incurred during the reporting
period. In addition, the Awardee shall report on Program Income
Usage for each contracted activity.
Section IiI - Minority Business Enterprise: --
Contract and Subcontract Activity _Report (First and Third Quarter
Progress Report)- The Awardee shall report to DHCD the number of
business activities involving minority vendors, including
subcontractors performing work under this Agreement. The "Contract
and Subcontract Activity Report" Section in Attachment C, and when
applicable Section 3 in the same Attachment shall be completed
semiannually by the Awardee and submitted to DHCD no later than
April 8, 2009 and October 7, 2009. April 8, 2009 and October 7, 2009.
Section IV - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) - The Awardee shall report to DHCD the
number of focus and service area residents who have received
employment opportunities from federally financed and assisted
projects and activities. The Neighborhood Employment Opportunities
Report shall be submitted using the Progress Report Form attached
hereto as a Section in Attachment C, as it may be revised. This
section of the form shall be completed semiannually by the Awardee
and submitted to DHCD no later than April 8, 2008 and October 7,
2008
The Awardee shall submit to the County, in a timely manner, any
other information deemed necessary by the County, and its
presentation shall comply with the format specified at the time of the
request. Failure to submit the Progress Reports or other information
in a manner satisfactory to the County by the due date shall render
the Awardee in noncompliance with this Article. The County may
require the Awardee to forfeit its claim to payment requests or the
County may invoke the termination provision in this Agreement by
giving five days written notice of such action to be taken.
C. Unspecified Site(s) Objective - If the Awardee has not yet identified a
location to carry out any of the activities described in Attachment A,
the Awardee shall submit, in triplicate, Progress Reports, using the
form attached hereto as part of Attachment C, on a monthly basis
until such time as the Awardee complies with the provisions
contained within Section 11, Paragraph DA. of this contract. Copies of
the above described Progress Report shall be received by DHCD no
later than the tenth (10th) business day of each month and shall
address the progress undertaken by the Awardee during the previous
month. This Progress Report shall not be required if the Awardee is
submitting the Progress Reports required by Section 11, Paragraph
D.1.a and Paragraph D.3.
2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a
cumulative status report (hereinafter referred to as "Annual Report") using
the "Progress Report" specified in Section II, Paragraph D.1.a. above, which
shall describe the progress made by the Awardee in achieving each of the
objectives identified in Attachment A during the previous year. The "Annual
Report" must cover the CDBG fiscal year of January 1, 2008 through
December 31, 2008 and shall be received by DHCD .no later than January 10,
2009.
3. Environmental Review - The Awardee immediately upon locating or
determining a site for each of the "Unspecified Site" activities to be carried
out pursuant to this contract, shall submit information detailing the location
of each site for which_a., Site_ Environmental -Clearance- Statem nt� will be
_ - prepared as described in Article 11, Section E.5. of this contract set forth
below. The Environmental Review is to be prepared on information
contained in Attachment E, "Information for Environmental Review."
Notwithstanding_ any provision_ of this Agreement, the parties hereto aaree
and acknowledge that this Agreement does not constitute a commitment of
funds or site approval, and that such commitment of funds or approval may
occur only upon satisfactory completion of environmental review and receipt
by the County of a release of funds from the U.S. Department of Housingand
Urban Development under 24 CFR Part 58. The parties further agree that the
provision of any funds to the project is conditioned on the County's
determination to proceed with, modify or cancel the project based on the
results of a subse ug ent environmental review.
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4. Audit Report - The Awardee shall submit to DHCD an annual audit report in
triplicate as required by Section 11, Paragraph i of this contract as set forth
below. The Awardee shall submit a written statement from its auditing firm to
confirm that it has cleared any non-compliance issues stated in the audit, and
a written statement from the Auditor that the audit complies with all
applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-133.
5. Inventory Report - The Awardee shall report annually all nonexpendable
personal and real property purchased with CDBG funds from this and
previous agreements with the County as specified in Section ll, Paragraph Q
of this contract.
6. Affirmative Action Plan - The Awardee shall report to DHCD information
relative to the equality of employment opportunities whenever so requested
by DHCD.
E. Participation in the CDBG Program
The Awardee shall maintain current documentation that its activities meet
one of the three (3) CDBG national objectives:
a. To benefit low- and moderate -income persons;
b. To aid in the prevention or elimination of slums or blight;
C. To meet community development needs having a particular
urgency.
2. For activities designed to meet the national objective of benefit to low- and
moderate -income persons, the Awardee shall ensure and maintain
documentation that conclusively demonstrates that each activity assisted in
whole or in part with CDBG funds is an activity which provides benefit to no
less than 51% of low- and moderate -income persons.
3. The Awardee shall comply with all applicable provisions of 24 CFR Part 570
and shall carry out each activity in compliance with all applicable federal laws
and regulations described therein.
4. The Awardee agrees to comply with (a) the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 57 0.606(b); (b) the
requirements of 24 CFR 670.606 (c) governing the Residental
Antidisplacement and_Rel_ocation_Assistance_plan- under- section- 104(d) -of the
- NCD Act; and (c) the requirements in 570.606 (d) governing optional
relocation policies. (The County may preemept the optional policies). The
Awardee shall provide relocation assistance to persons (families,
individuals, businesses, non-profit organizations and farms) that are
displaced as a direct result of acquisition, rehabilitaion, demolition or
conversion for a CDBG assisted project. The.Awardee also agrees to comply
with applicable County ordinances, resolutions and policies concerning the
displacement of persons from their residences.
5. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Awardee shall obtain,
immediately after a site is identified by the Awardee, DHCD's written
environmental clearance statement and shall agree in writing to comply with
any and all requirements as may be set forth in the Site Environmental
Clearance Statement.
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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 DHCD in
informing the appropriate CDBG citizen participation structures, including
the appropriate area committees, of the activities of the Awardee in adhering
to the provisions of this contract. Representatives of the Awardee shall
attend meetings of the appropriate committees and citizen participation
structures, upon the request of the citizen participation officers, DHCD, or the
County.
The Awardee shall, to the greatest extent possible, give low- and moderate -
income residents of the service areas opportunities for training and
employment.
8. For activities involving acquisition, rehabilitation and/or demolition of
property and which require the relocation of families, individuals, businesses
and/or industries, the Awardee shall submit a written notification to the Urban
Development Unit of DHCD prior to relocating, evacuating, and/or dispersing
any and all legal occupants who reside at this property on the basis of a long
or short term lease. When the legality of an occupant (individual, family,
business, and/or industry) is. in question, the Awardee shall contact the
above mentioned unit prior to making a determination.
Awardees receiving CDBG funds shall adhere to 24 CFR part 50 andlor part
58 and to the rules and regulations of the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970, as amended.
9. The Awardee shall adopt Affirmative Marketing PrDHCDures and
requirements for CDBG assisted projects. These prDHCDures must consist
of actions to provide information and attract eligible persons from all racial,
ethnic and gender groups to the available services. The Awardee shall
annually assess its affirmative marketing program to determine if the
prDHCDures used to comply with the requirements specified in Public Law
88-352 and Public Law 90-284 successfully meet these requirements. The
Awardee shall submit to DHCD its Affirmative Marketing Plan no later than 60
days from the date this Agreement is executed.
10. For any Housing activities, the Awardee shall successfully complete the
Community Development coursework conducted by the Local Initiatives
Support Corporation, which will be held at Florida International University
throughout the current contract .period. The Awardee shall provide written
notification to DHCD, no later than30 days after the completion of the
coursework. This requirement may be waived in the sole discretion of DHCD
for__Awardees_ who- demonstrate --knowledge of real -estate -development- and
organizational management theory. DHCD shall consider such waiver upon
receipt of the written request by the Awardee.
11. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding his compliance with the national objective, and
DHCD will have the right to monitor the activity.
12. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
Federal, State, and County Laws and Regulations
RULES, REGULATIONS AND LICENSING REQUIREMENTS
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The Awardee shall comply with all laws, ordinances and regulations
applicable to the services contemplated herein, especially those applicable to
conflict of interest and collusion. Awardees are presumed to be familiar with
all Federal, State and local laws, ordinances, codes, rules and regulations
that may in any way affect the goods or services offered, especially Executive
Order No. 11246 entitled "Equal Employment Opportunity" and as amended
by Executive Order No. 11375, as supplemented by the Department of Labor
Regulations (41 CFR, Part 60), the Americans with Disabilities Act of -1990 and
implementing regulations, the Rehabilitation Act of 1973, as amended,
Chapter 553 of Florida Statutes and any and all other local, State and Federal
directives, ordinances, rules, orders, and laws relating to people with
disabilities. The Awardee will also comply with 24 CFR Part 85, OMB A-128,
OMB A-87, and with the applicable prDHCDures specified in DHCD's Contract
Compliance Manual, which are incorporated herein by reference, receipt of
which is hereby acknowledged, and as they may be revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973,
as amended, which prohibits discrimination on the basis of handicap; Title VI
of the Civil Rights Act of 1964, as amended, which prohibits discrimination on
the basis of race, color, or national origin; the Age Discrimination Act of 1975,
as amended, which prohibits discrimination on the basis of age; Title Vlll of
the Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination in housing on the basis of race, color, religion, sex,
or national origin; Executive Order 11246, as amended which requires equal
employment opportunity; and with the Energy Policy and Conservation Act
(Pub.L 94-163) which requires mandatory standards and policies relating to
energy efficiency.
The Provider also agrees to comply with the Domestic Violence Leave
codified as 11A-60 et seq. of the Miami -Dade County Code, which requires an
employer, who in the regular course of business has fifty (50) or more
employees working in Miami -Dade County for each working day during each
of twenty (20) or more calendar work weeks to provide domestic violence
leave to its employees. Failure to comply with this local law may be grounds
for voiding or terminating this Agreement or for commencement of
debarment proceedings against the Provider.
3. If the amount payable to the Awardee pursuant to the terms of this contract is
in excess of $100,000, the Awardee shall comply with all applicable
standards, orders, or regulations, issued pursuant to Section 306 of the Clean
Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution
Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act
--(33-U.S.G. 1368),• -Environmental Protection Agency regulations (40 CFR Pari
15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The
Awardee shall report its compliance with Section 504 of the Rehabilitation Act
whenever so requested by DHCD.
5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to;
and submit the required Disability Non-discrimination Affidavit assuring
compliance with all applicable requirements of the taws listed below
including but not limited to, those provisions pertaining to employment,
provisions and program services, transportation, communications, access to
facilities, renovations, and new construction.
6. Affirmative Action/Non-Discrimination of Employment, Promotion, and
Procurement Practices (Ordinance #98-30) - All firms with annual gross
revenues in excess of $5 million, seeking to contract with Miami -Dade County
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shall, as a condition of award, have a written Affirmative Action Plan and
Procurement Policy on file with the County's Department of Business
Development. Said firms must also submit, as a part of their proposals/bids
to be filed with the Clerk of the Board, an appropriately completed and signed
Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are
exempt from this requirement and must submit, in writing, a detailed listing
of their Boards of Directors, showing the race or ethnicity of each board
member, to the County's Department of Business Development. Firms
claiming exemption most submit, as a part of their proposals/bids to be filed
with the Clerk of the Board, an appropriately completed and signed
Exemption Affidavit in accordance with Ordinance 98-30. These submittals
shall be subject to periodic reviews to assure that the entities do not
discriminate in their employment and procurement practices against
minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross
annual revenues to determine the requirement for compliance with the
Ordinance. Those firms that do not exceed $5 million annual gross revenues
must clearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for
award by the Board of County Commissioners.
7. Domestic Violence Leave Affidavit : Prior to entering into any contract with
the Couty, a firm desiring to do business with the County shall, as a
condition of award, certify that it is in compliance with the Domestic Leave
Ordinance, 99-5 and Section 11A-60 of the Miami -Dade County Code. This
Ordinance applies to employers that have, in the regular course of business,
fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or
preceding calendar year. In accordance with Resolution R-185-00, the
obligation to provide domestic violence leave to employees shall be a
contractual obligation. The County shall not enter intoa contract with any
firm that has not certified its compliance with the Domestic Leave Ordinance.
Failure to comply with the requirements of Resolution R-185-00, as well as
the Domestic Leave Ordinance may result in the contract being declared void,
the contract being terminated and/or the firm being debarred.
8. Code of Business Ethics: In accordance with Section 2-8.1(1) of the Code of
Miami -Dade County each person or entitiy that seeks to do business with
_ Miami -Dade County -shall adopt a Code of Business Ethics f"Code") and shall
submit an affidavit stating that the Awardee has adopted a Code that
comMies_with the requirements of Section 2-8.1(1) of the Miami -Dade County
Code (Form A-12).
PUBLIC ENTITY CRIMES
Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or
affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a proposal for a contract to
provide any goods or services to a public entity; may not submit a proposal on
a contract with a public entity for the construction or repair of a public building
or public work; may not submit proposals on leases of real property to a public
entity; may not be awarded or perform work as a Awardee, supplier,
subcontractor, or consultant under a contract with any public entity; and, may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for Category TWO ($10,000) for a period of thirty-
six (36) months from the date of being placed on the convicted vendor list. The
Awardee warrants and represents that it has not been placed on the convicted
vendor list The Awardee agrees that should Miami -Dade County discover that
the Awardee's representations regarding the list are false, this contract shall be
terminated on the discretion of Miami -Dade County. Further, should the
Awardee be placed on the list at any time during this contract Miami -Dade
County shall have the right to terminate this agreement
10. CRIMINAL CONVICTION
Pursuant to Miami -Dade County Ordinance No. 94-34, "Any individual who has
been convicted of a felony during the past ten years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or
executive who has been convicted of a felony during the past ten years shall
disclose this information prior to entering into a contract with or receiving
funding from the County." Failure of the Awardee to disclose this information
as required may lead to the termination of this agreement by Miami -Dade
County.
If any attesting firm, or any owner, subsidiary, or other firm affiliated with or
related to the attesting firm, is found by the responsible enforcement agency,
the Courts or the County to be in violation of the Acts, the County will conduct
no further business with such attesting firm. Any contract entered into based
upon a false affidavit, as listed below, and submitted pursuant to this
resolution shall be voidable by the County:
1. Miami -Dade County Ownership Disclosure Affidavit
2. Miami -Dade Employment Family Leave Affidavit
3. Miami -Dade Employment Drug -Free Workplace Affidavit
4. Miami -Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
8. Related -Party Disclosure Information
9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees
or Taxes
10. Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavit
15. Financial and Conflicts of Interest Affidavit
If any attesting firm violates any of the Acts below during the term of any contract
such firm has with the County, -such contract -shall -be voidable by the County, -even if - 1
the attesting firm was not in violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat
327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title
I, Employment; Title II, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and Title
V, Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
G. Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation
including but not limited to, 24 CFR 570, only the conflicting provision shall be
deemed by the parties hereto to be modified to be consistent with the law or
regulation or to be deleted if modification is impossible. However, the obligations
under this contract, as modified, shall continue and all other provisions of this
contract shall remain in full force and effect. The County's determination on whether
a provision conflicts shall be final and binding.
H. Construction
If the Awardee engages in, procures, or makes loans for construction work, the
Awardee shall:
1. Contact the DHCD representative noted in Section 1V, Paragraph K of this
contract, prior to taking any action, to schedule a meeting to receive
compliance information.
2. Comply with the Awardee's procurement and pre -award requirements and
prDHCDures which, at a minimum, shall adhere to all applicable federal
standards.
3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract
Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning
Prevention Act as amended on September 15, 1999; and other related acts, as
applicable.
4. Submit to DHCD for written prior approval all proposed Solicitation Notices,
Invitations for Bids, and Requests for Proposals prior to publication.
5. Submit to DHCD all construction plans and specifications and receive
DHCD's approval prior to implementation.
6. Contact the DHCD representative noted in Section IV, Paragraph K prior to
scheduling a pre -construction conference.
In accordance with industry standards, DHCD will hold 10% of the total grant
award as a retainer until the completion of the construction work is verified
by DHCD through a Certificate of Occupancy.
7. The County shall have the right to assign the Community Builders Division of
the Department of_Housing _and -Community Development to assist the project— if the County's staff determines that the Awardee has been unable to
consistently achieve the work and units described within the time frames of
the action step format of this agreement. Such involvement will result in a
reduction of a maximum of 5% of the agreement's award to cover the cost of
the technical assistance. The Awardee shall cooperate and comply with all
requests made by the Community Builders Division of the Department of
Housing and Community Development.
8. 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.
1. Audits and Records
1. The Awardee expending $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB
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A-133. The Awardee expending federal awards of $500,000 or more under
only one federal program may elect to have a program -specific audit
performed, in accordance with OMB A-133. Awardees who will be receiving,
or who have received, federal awards for loans or loan guaranteed programs
may be required to conduct audits of those programs in accordance with
regulations of the federal agencies providing those guarantees or loans.
2. The Awardee expending less than $500,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A-133, although
their records must be available for review (e.g., inspections, evaluations).
Such Awardees that receive less than $500,000 in combined Federal awards
must submit to the County annual compilation reports that describe their
performance. To achieve uniformity regarding the reporting format, such
documents must comply with the accounting industry standards by
communicating an independent accountant's (1) expression of limited
assurance on FINANCIAL STATEMENTS as a result of performing inquiry and
analytic prDHCOures (Review Report); (2) results of Procedures performed
(Agreed -Upon Procedures Report); (3) non -expression of opinion or any form
of assurance on a presentation in the form of financial statements
information that is the representation of management (Compilation Report);
or (4) an opinion on an assertion made by management in accordance with
the Statements on Standards for Attestation Engagements (Attestation
Report).
3. When the requirements of OMB A-133 apply, or when the Awardee elects to
comply with OMB A-133, an audit shall be conducted for each fiscal year for
which federal awards attributable to this contract have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation
of all program generated income and its disposition, especially attributable to
CDBG funds, an internal control review, and a compliance review as
described in OMB A-133. A copy of the audit report in triplicate must be
received by DHCD no later than six (6) months following the end of the
Awardee's fiscal year.
4. The Awardee shall maintain all Contract Records in accordance with
generally accepted accounting principles, procedure, and practices which
shall sufficiently and properly reflect ail revenues and expenditures of funds
provided directly or indirectly by the County pursuant to the terms of this
contract.
5. The Awardee shall maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services" outlined in Attachment A
int is contract.
6. The Awardee shall ensure that the Contract Records shall be at all times
subject to and available for full access and review, inspection, or audit by
County and federal personnel and any other personnel duly authorized by the
County.
7. The Awardee shall include in all DHCD approved subcontracts used to
engage subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by
DHCD, each of the record-keeping and audit requirements detailed in this
contract. DHCD shall, in its sole discretion, determine when services are
eligible substantive programmatic services and subject to the audit and
record-keeping requirements described above.
8. The County reserves the right to require the Awardee to submit to an audit bj
Audit and management Services or other auditor of the County's choosing at
the Awardee's expense. The Awardee shall provide access to all of its
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records, which relate directly or indirectly to this Agreement at its place of
business during regular business hours. The Awardee shall retain all records
pertaining to the Agreement and upon request make them available to the
County for three years following expiration of the Agreement. The Awardee
agrees to provide such assistance as may be necessary to facilitate the
review or audit by the County to ensure compliance with applicable
accounting and financial standards.
The Awardee shall ensure that its auditors share their audit results with
DHCD. The auditors must submit the completed monitoring instrument and
the audit report to DHCD within six months after the conclusion of the audit
period.
Retention of Records
1, The Awardee shall retain all Contract Records for a period of at least five (5)
years (hereinafter referred to as "Retention Period") subject to the limitations
set forth below:
a. For alt non-CDBG assisted activities the Retention Period shall begin
upon the expiration or termination of this contract.
b. For CDBG assisted public service activities the Retention Period shall
begin upon the date of U,S. HUD's acceptance of DHCD's annual
Grantee Performance Report for the year in which the activity is
reported as completed. For each public service activity the Awardee
must retain all contract records except those relating to real and
nonexpendable personal property.
C. For all other CDBG assisted activities the Retention Period shall begin
upon U.S. HUD's acceptance of DHCD's annual Grantee Performance
Report in which each assisted activity is reported on for the final time.
For all the CDBG assisted activities covered by this Section 11,
Paragraph J.1.c., the Awardee must retain all contract records except
those relating to real and nonexpendable personal property.
d. For all CDBG assisted activities, the Retention Period for all contract
records relating to real and nonexpendable personal property shall
begin upon the date of the final disposition of the property.
2. If the County or the Awardee have received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of
the_services_ provided. _-pursuant ._to -the -terms -of this contract-,-the-Retention-
Period
ontract;the-RetentionPeriod shall be extended until such time as the threatened or pending
litigation, claim or audit is, in the sole and absolute discretion of DHCD, fully,
completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person
authorized by the County full access to and the right to examine any of the
contract records during the required Retention Period.
4. The Awardee shall notify DHCD in writing, both during the pendency of this
contract and after its expirations part of the final close-out procedures, of the
address where all contract records will be retained.
5. The Awardee shall obtain written approval of DHCD prior to disposing of any
contract records within one year after expiration of the Retention Period.
K. Provision of Records
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1. The Awardee shall provide to DHCD, upon request, all contract records.
These records shall become the property of DHCD without restriction,
reservation, or limitation of their use. DHCD shall have unlimited rights to all
books, articles, or other copyrightable materials developed for the purpose of
this contract. These unlimited rights shall include the rights to royalty -fees;
nonexclusive, and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, the information for public purposes,
2. If the Awardee receives funds from, or is regulated by other governmental
agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the Awardee shall provide a copy of
each report and any follow-up communications and reports to DHCD
immediately upon such issuance unless such disclosure is a violation of the
regulatory agencies issuing the reports.
3. MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEW
According to Section 2-1076 of the Code of Miami -Dade County, as amended
by Ordinance No. 99-63, Miami -Dade County has established the Office of the
Inspector General which may, on a random basis, perform audits on all
County contracts, throughout the duration of said contracts, except as
otherwise provided below. The cost of the audit of any Contract shall be one
quarter (114) of one (1) percent of the total contract amount which cost shall
be included in the total proposed amount. The audit cost will be deducted by
the County from progress payments to the selected Awardee. The audit cost
shall also be included in all change orders and all contract renewals and
extensions.
a. Exception: The above application of one quarter (114) of one percent
fee assessment shall not apply to the following contracts: (a) IPSIG
contracts; (b) contracts for legal services; (c) contracts for financial
advisory services; (d) auditing contracts; (e) facility rentals and lease
agreements; (f) concessions and other rental agreements; (g)
insurance contracts; (h) revenue -generating contracts; (1) contracts
where an IPSIG is assigned at the time the contract is approved by
the Commission; (j) professional service agreements under $1,000;
(k) management agreements; (1) small purchase orders as defined in
Miami -Dade County Administrative Order 3-2; (m) federal, state and
local government -funded grants; and (n) interlocal agreements.
Notwithstanding the foregoing, the Miami -Dade County Board of
County Commissioners may authorize the inclusion of the fee
assessment of one quarter (1/41 of one percent in any exempted
_ contract -at the timeofaward. --- -
Nothing contained above shall in any way limit the powers of the Inspector
General to perform audits on this contract.
COMMISSION AUDITOR ACCESS TO RECORDS
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the
Commission Auditor to all financial and performance related records,
property, and equipment purchased in whole or in part with government
funds, including funds awarded tp Awardee pursuant to this contract.
L. Prior Approval
The Awardee shall obtain prior written approval from DHCD prior to undertaking any
of the following:
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1. The engagement or execution of any subcontracts or contract assignments,
wherein CDBG funds will be used to pay for goods or services. The Awardee
must submit all proposed agreement documents to DHCD at least thirty (30)
days prior to the start date of the agreement. DHCD shall have no obligation
to approve payment of any expenditure (resulting from an agreement or
subcontract) which was incurred prior to. the approval by DHCD of such
agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions.
4. The purchase of all nonexpendable personal property not specifically listed
in the approved budget.
5. The disposition of all real, expendable personal, and nonexpendable personal
property as defined in Section II, Paragraph Q.1. of this contract.
6. All out-of-town travel not specifically listed in the approved budget.
7. The disposition of program income not specifically listed in the approved
program income budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and
Requests for Proposals as provided for in Section 11, Paragraph H of this
contract.
9. The disposal of all contract records as provided for in Section 11, Paragraph J
of this contract.
M. Monitoring
The Awardee shall permit DHCD and other persons duly authorized by DHCD to
inspect all contract records, facilities, equipment, materials, and services of the
Awardee which are in any way connected to the activities undertaken pursuant to the
terms of this contract, and/or to interview any clients employees, subcontractors, or
assignees of the Awardee. Following such inspection or interviews, DHCD will
deliver to the Awardee a report of its findings, and the Awardee will rectify all
deficiencies cited by DHCD within the specified period of time set forth in the report,
or provide DHCD with a reasonable justification for not correcting the deficiencies.
DHCD will determine, in its sole and absolute discretion whether or not the
Awardee's justification is acceptable or if the Awardee must, despite the justification,
rectify the deficiencies cited. by DHCD initsreport. - - - -- -- - -
N. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 GFR Part 85.36
for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and
covenants that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of services requried under this Agreement. The Awardee
further covenants that in the performance of this Agreement no person having such
a financial interest shall be employed or retained by the Awardee hereunder. These
conflict of interest provisions apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the County, or of any
designated public agencies or subrecipients which are receiving funds under the
CDBG Entitlement program.
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The Awardee shall submit to DHCD within five days of execution of this contract all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of
current Board members, and list of all business associations with the following
documents:
➢ Original contract or its subsequent amendments.
➢ Requests for budget revisions.
➢ Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of
contract, which will result in the immediate termination of the agreement, the
recovery of the entire funding award, and the disqualification of funding through
DHCD for a period of three years.
The Awardee shall disclose any possible conflicts of interest or apparent
improprieties of any party that are covered by the above standards. The Awardee
shall make such disclosure in writing to DHCD immediately upon the Awardee's
discovery of such possible conflict. DHCD will then render an opinion which shall be
binding on all parties.
O. Publicity, Advertisements and Signage
The Awardee shall ensure that all publicity, public relations and
advertisements and signs, recognize the Miami -Davie Department of Housing
and Community Development (DHCD) and Community Development Block
Grant (CDBG) for the support of all contracted activities. This is to include,
but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones,
dedications, notices, flyers, brochures, news releases, media packages,
promotions, and stationery. All signs used to publicize DHCD contracted
activities must be approved by DHCD prior to being posted and must also
meet the standard specifications as established by DHCD. The use of the
official Miami -Dade DHCD logo is permissible
2. The Awardee shall furnish, erect and . maintain construction signs in
accordance with sketch included in these contract documents. The signs
shall be made of % inch thick marine plywood, newly painted and lettered
according to the accompanying sketch. The signs shall be painted and
lettered in accordance with professional outdoor sign painting standards as
to layout, symmetry, proportion, clarity and neatness and use of weather -
resistant colors and materials. The Awardee shall place the signs, securely
braced and mounted, as shown on the typical project sign placement
diagram or as directed by the engineer. All materials shall be provided by the
Awardee and the signs shall remain in the property of the Owner at the
completion--of--the-contract;-- - NO WORK- SHALL- COMMENCE- UNTIL THE
PROJECT SIGNS ARE SECURED IN PLACE. THE SiGNS SHALL BE iN
ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. For this
project signs will be required. Payment for furnishing, installing and
maintaining the sign shall be under the bid amount for mobilization.
P. Procurement
The Awardee must take affirmative steps to procure supplies, equipment,
construction, or services to fulfill this contract from minority and women's
businesses, and to provide these sources the maximum feasible opportunity to
compete for subcontracts to be procured pursuant to this contract. To the maximum
extent feasible, these businesses shall be located in or owned by residents of the
Community Development areas designated by DHCD in the CDBG application
approved by the supervising federal agency. The Awardee shall assure that all
subcontracts or third party agreements contain provisions with stated goals, that
15
low-income residents from Community Development focus and service areas be
provided with opportunities for employment and training in contracted activities.
in conformance with Section 3 of the Housing and Community Development Act of
1968, the Awardee must direct federal financial assistance toward Target Area
residents and ensure that employment and economic opportunities be given to low
and very low-income persons, particularly those who are recipients of government
assistance for housing according to the guidelines mentioned below:
1. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 .U.S.C.
170lu (section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD- assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
The parties to this contract agree to comply with HUD's regulations in 24 CFR part
135, which implement section 3. As evidenced by their execution of this contract, the
parties to this contract certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers
with which the Awardee has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the Awardee's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
4. The Awardee agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The Awardee will not subcontract with any subcontractor where the
Awardee has notice or knowledge that the subcontractor has been found in violation
of the regulations in 24 CFR part 135.
5. The Awardee will certify that any vacant employment positions, including training
positions, _that -are _filled -(I)- after- the -Awardee-is-selected but -before -the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFI,
part 135 require employment opportunities to be directed, were not filled to
circumvent the Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises. Parties to this contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
16
section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).
8. Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be
subject to and comply with Ordinance 97-35 as amended, requiring Awardees to
provide a detailed statement of their policies and procedures for awarding
subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be
awarded a subcontract;
b) invites local subcontractors to submit bids/proposals in a practical, expedient
way;
c) - provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award,
provide a statement of their subcontracting policies and procedures (see attached
Form A-7.2). Awardees who fail to provide a statement of their policies and
procedures may not be recommended by the County Manager for award by the Board
of County Commissioners.
The term "local" means having headquarters located in Miami -Dade County or
having a place of business located in Miami -Dade County from which the contract or
subcontract will be performed.
The term "subcontractor" means a business independent of a Awardee that may
agree with the Awardee to perform a portion of a contract.
The term "subcontract" means an agreement between a Awardee and a
subcontractor to perform a portion of a contract between the Awardee and the
County.
Q. Property
1. Definitions
a. Real Property: Land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical existence
such as patents, inventions, and copyrights
C. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $500 or more per item, with a
normal expected life of one or more years, not fixed in place, and not
an integral part of a structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other
than nonexpendable property.
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2. The Awardee shall comply with the real property requirements as stated
below:
a. Any real property under the Awardee's control that was acquired or
improved in whole or in part with CDBG funds received from DHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives
until five years after the expiration or termination of this
contract, or for such longer period of time as determined by
DHCD in its sole and absolute discretion; or
2) Not used to meet one of the three (3) CDBG National
Objectives. In the event the property is not used to meet one
of the national objectives for five (5) years following the
expiration or termination of this Awardee such longer period
as determined by, DHCD-then the Contract or shall pay to
DHCD an amount equal to the market value of the property as
may be determined by DHCD in its sole and absolute
discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time
specified in Paragraph Q.2.a.1., above.
b. Any real property under the Awardee's control that was acquired or
improved in whole or in part with CDBG funds from DHCD for $25,000
or less shall be disposed of, at the expiration or termination of this
contract, in accordance with instructions from DHCD.
C. All real property purchased or improved in whole or in part with funds
from this and previous contracts with DHCD, or transferred to the
Awardee after being purchased in whole or in part with funds from
DHCD, shall be listed in the property records of the Awardee and shall
include a legal description; size; date of acquisition; value at time of
acquisition; present market value; present condition; address or
location; owner's name if different from the Awardee; information on
the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent
streets and roads. The property records shall describe the
programmatic purpose for which the property was acquired and
identify the CDBG national objective that will be met. If the property_-
-- -- -
was improved, -the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG
national objective that will be met.
d. For awards involving the purchase or improvement of real property,
the Awardee agrees to execute a mortgage, loan document, or
restrictive covenant for the CDBG award with DHCD within 180 days
after the execution of this agreement. Failure to comply with this
requirement may result in the retraction of the CDBG award for the
project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an
inventory report shall be submitted to DHCD. This report shall include
the elements listed in Paragraph T.2.c., above.
3. The Awardee shall comply with the nonexpendable personal property
requirements as stated below.
IN
a. All nonexpendable personal property purchased or improved in whole
or in part with funds from this and previous contracts with DHCD
shall be listed in the property records of the Awardee and shall
include a description of the property; location; model number;
manufacturer's serial number; date of acquisition; funding source;
unit cost at the time of acquisition; present market value; property
inventory number; information on its condition; and 'information on
transfer, replacement, or disposition of the property.
b. All nonexpendable personal property purchased or improved in whole
or in part with funds from this and previous contracts with DHCD
shall be inventoried annually by the Awardee and an inventory report
shall be submitted to DHCD. The inventory report shall include the
elements listed in Paragraph Q.3.a., above.
Title (ownership) to all nonexpendable personal property purchased
in whole or in part with funds given to the Awardee pursuant to the
terms of this contract shall vest in the County and DHCD.
4. The Awardee shall obtain prior written approval from DHCD for the
disposition of real property, expendable personal property, and
nonexpendable personal property purchased or improved in whole or in part
with funds given to the Awardee or subcontractor pursuant to the terms of
this contract. The Awardee shall dispose of all such property in accordance
with instructions from DHCD. Those instructions may require the return of all
such property to DHCD.
R. Program Income
i. Program income as defined in 24 CFR Part 570.500 means gross income
received by the Awardee directly generated from activities supported by
CDBG funds. When program income is generated by an activity that is only
partially assisted with CDBG funds, the income shall be prorated to reflect
the percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use program income to pay
for charges or expenses that are specifically not allowed pursuant to the
terms of this contract and applicable federal regulations or rules or any
County rules or ordinance.
a. - The Awardee shall comply with the program income provisions in
DHCD's Contract Compliance Manual. If any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions of this contract, the provisions of this
contract shall rule.
b. The Countv may in its sole discretion allow Awardee to Use Proaram
Income to carry out eligible activities. The Awardee may request to
use Program Income for eligible activities. If the Awardee requests to
use Program Income, the Awardee shall report to DHCD all cumulative
Program Income generated from activities financed in whole or in part
by funds from this contract. This information, along with a check
payable to Miami -Dade County for the generated Program Income,
must be submitted quarterly as part of the Fiscal Section of the
Awardee's Progress Report as outlined in Section II, Paragraph D.2.a.
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C. The Awardee shall report Program Income for as long as it receives
and/or has control over Program Income generated from this and any
previous contracts with DHCD.
d. The Awardee shall provide to DHCD a written explanation of the
activities to be assisted with Program Income and shall obtain
DHCD's written approval prior to implementing those activities. All
provisions of this contract shall apply to any activity performed using
Program Income.
e. Subject to the limitations set forth in this paragraph, the Awardee may
use program income to fund any CDBG eligible activity as provided
for and defined by 24 CFR Part 570 et seq.
Program income from a revolving loan activity must be used only for
the same revolving loan activity.
g. Program income from a revolving loan activity, such as loan
repayments, interest earned, late fees, and investment income, shall
be substantially disbursed to eligible loans, loan -related
programmatic costs, and operational costs for the same revolving
loan activity before the Awardee may request additional CDBG funds
for that activity.
h. All program income from nonrevolving Joan activities shall be
substantially disbursed to carry out other DHCD approved CDBG
eligible activities, and to cover operational costs before requesting
additional CDBG funds.
Any proceeds from the sale of property as detailed in Section II,
Paragraph Q.4., above, shall be considered program income.
The Awardee shall obtain, as part of the required audit report,
validation by a certified auditor of all program generated income and
its disposition.
3. Upon expiration or termination of this contract or at the end of any program
year, the Awardee shall transfer to the County any program income funds on
hand, and any program income accounts receivable attributable to any CDBG
funded activities. DHCD may require remittance of all or part of any program
income balances (including investments thereof) held by the Awardee (except
those needed for immediate cash needs, cash balances of a revolving loan
-- fund,—cash balancesfrom-alump sum drawdown, --or cash or investments held--
for
eldfor Section 108 Security needs).
4. DHCD, in its sole and absolute discretion, reserves the right to pursue other
courses of action in the retention and use of program income generated by
the Awardee, and such action shall not require an amendment to this
contracts.
S. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel
expenses shall conform to the requirements of DHCD's Contract Compliance Manual.
T. Subcontracts and Assignments
Unless otherwise specified in this contract, the Awardee shall not
subcontract any portion of the work without the prior written consent of the
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County. Subcontracting without the prior consent of the County may result
in termination of the contract for breach. When Subcontracting is allowed,
the Awardee shall comply with County Resolution No. 1634-93, Section 10-34
of the County Code and Section 2-8.8 of the County Code. The Awardee shall
ensure that all subcontracts and assignments:
a. Comply with all requirements and regulations specified in DHCD's
Contract Compliance Manual;
b. Identify the full, correct, and legal name of the party;
C. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price component;
e. Incorporate a provision requiring compliance with all applicable a
regulatory and other requirements of this contract and with any
conditions of approval that the County or DHCD deem necessary.
This applies only to subcontracts and assignments in which parties
are engaged to carry out any eligible substantive programmatic
service, as may be defined by DHCD, set forth in this contract. DHCD
shall in its sole discretion determine when services are eligible
substantive programmatic services and subject to the audit and
record-keeping requirements described above, and;
Incorporate the language of Attachment E, "Certification Regarding
Lobbying."
2. The Awardee shall incorporate in all consultant subcontracts this additional
provision:
The Awardee is not responsible for any insurance or other fringe benefits,
e.g., social security, income tax withholdings, retirement or leave benefits, for
the Consultant or employees of the Consultant normally available to direct
employees of the Awardee. The Consultant assumes full responsibility for the
provision of all insurance and fringe benefits for himself or herself and
employees retained by the Consultant in carrying out the Scope of Services
provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance
of all subcontracts and their progress toward meeting the approved goals
and objectives indicated in the attached Scope of Services
4. The Awardee shall receive from DHCD written prior approval for any
subcontract prior to engaging any party who agrees to carry out any
substantive programmatic activities as may be determined by DHCD as
described in this contract. DHCD's approval shall be obtained prior to the
release of .any funds for the subcontractor.
The Awardee shall receive written approval from DHCD prior to either
assigning or transferring any obligations or responsibility set forth in this
contract or the right to receive benefits or payments resulting from this
contract.
6. Approval by DHCD of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by
DHCD in excess of the total dollar amount agreed upon this contract.
21
7. If the subcontract involves $100,000 or more to provide services listed in the
Scope of Services or suppliers to supply the materials, the Awardee shall
provide the names of the subcontractors and suppliers to DHCD. The
Awardee agrees that it will not change or substitute subcontractors or
suppliers from the list without prior written approval from DHCD.
U. Additional Funding
The Awardee shall notify DHCD of any additional funding received for any activity
described in this contract. Such notification shall be in writing and received by DHCD
within thirty (30) days of the Awardee's notification by the funding source.
V. Method of Payment
The Awardee shall be paid as described below:
The Awardee shall be paid for those expenses allowed pursuant to the
provisions provided below only when the Awardee submits to DHCD
adequate proof, as determined by DHCD in its sole discretion, that the
Awardee has incurred the expenditures. It shall be presumed that the
Awardee has provided adequate proof of having incurred expenses if the
Awardee submits to DHCD canceled checks or original invoices approved by
the Awardee's authorized representative. When original documents cannot be
presented, the Awardee must adequately justify their absence in writing and
furnish copies of those documents to DHCD. The Awardee must adequately
justify their absence in writing and furnish copies of those documents to
DHCD. The Awardee shall be paid only for those expenditures contained
within Attachment B, "Budget," to this contract as it may be revised with the
prior written approval by DHCD.
2. Requests for payment shall be assembled by calendar month and submitted
to DHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to DHCD for payment within 30 days after the
month in which the expenditures were incurred, Failure to comply may result
in rejection of invoices.
3. In no event shall the County provide advance CDBG funding to the Awardee
or to any subcontractor hereunder nor shall the Awardee advance CDBG
funds to any party.
4. Any payment due under the terms of this contract may be withheld pending
the receipt and approval by DHCD of all reports and documents which the
Awardee is required to -submit to DHCD pursuant"to the terms of this contract
or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that
accompanies the action step chart in the scope of services and payment is
contingent on the achievement by the Awardee of the quarterly
accomplishment levels identified in the scope of services portion of this
agreement - Attachment "A," which shall be submitted with all payment
requests and shall clearly identify the completed level of accomplishments
met. This shall also apply to soft costs associated with project delivery.
6. No payments will be made without evidence of appropriate insurance
required by this contract. Such evidence must be on file with DHCD and the
County's Risk Management Division. DHCD must receive the final request for
payment from the Awardee no more than thirty (30) calendar days after the
expiration or termination of this contract. If the Awardee fails to comply with
this. requirement, the Awardee will forfeit all rights to payments if DHCD, in its
sole discretion, so chooses.
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7. Within thirty (30) calendar days after this contract expires or is terminated,
the Awardee shall provide to DHCD a list of all invoices and costs that relate
to this contract's approved Budget and that have not been submitted to
DHCD. Any invoice received by DHCD, subsequent to receipt of this list by
DHCD which reflects a cost not included on this list will not be paid.
8. All monies paid to the Awardee which have not been used to retire
outstanding obligations of this contract must be refunded to DHCD in
accordance with DHCD's Contract Compliance Manual.
9. Any unexpended funds remaining ,after the completion of the services under
this contract, or after termination of this contract for any reason, shall be
recaptured in full by the County.
10. In the event the County determines that the Awardee has breached the terms
of this agreement and that the County is entitled to return of any or all of the
funds awarded under this contract, Awardee agrees to and shall assign any
proceeds to the County from any contract between the County, its agencies
or Instrumentalities and the Awardee or any firm, corporation, partnership or
joint venture in which the Awardee has a controlling financial interest in order
to secure repayment of this award. "Controlling financial interest" shall mean
ownership, directly or indirectly to ten percent or more of the outstanding
capital stock in any corporation or a direct or indirect interest of ten percent
or more in a firm, partnership or other business entity.
W. Reversion of Assets
The Awardee shall return to DHCD, upon the expiration or termination of this
contract all assets, owned or held by Awardee as a result of this contract, including,
but not limited to any CDBG funds on hand, any accounts receivable, any
overpayments due to unearned funds or costs disallowed pursuant to the terms of
this contract that were disbursed to the Awardee by the County, other than
reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property,
such reserves shall not be distributed to any partner or subcontractor prior to
repayment to DHCD of the CDBG Loan. The Awardee shall at the request of the
County execute any and all documents, including but not limited to mortgages
securing the property and UCC financing statements, as required by the County to
effectuate the reversion of assets.
III. The County Agrees:
Subject to the availability of funds, to pay for contracted activities according to the terms
and conditions contained within this contract in an amount not to exceed $2,776,264.00.
IV. The Awardee and DHCD Agree:
A. Effective Date
This contract shall begin on January 1, 2008. Any costs incurred by the
Awardee prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 2010. Any costs incurred by the
Awardee beyond this date will not be reimbursed by the County. The term of
this agreement and the provisions herein may be extended by the County to
cover any additonal time period during which the Awardee remains in control
of the CDBG funds or other assests, including Program Income to support
CDBG eligible activites. Any extension made pursuant to this paragraph shall
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be accomplished by a writing by the County to the Awardee. Such notice
shall automatically become a part of this contract.
3. This contract may, at the sole and absolute discretion of the County and
DHCD; remain in effect during any period that the Awardee has control over
contract funds, including program income. However, the County shall have
no obligation or responsibility to make any payment, except those described
within Section ti, Paragraph V, or provide any type of assistance or support to
the Awardee if this contract has expired or been terminated.
B. Suspension
1. DHCD may, for reasonable causes as determined in DHCD's sole and
absolute discretion, temporarily suspend the Awardee's operations and
authority to obligate funds under this contract or withhold payments to the
Awardee pending necessary corrective action by the Awardee or both.
Reasonable cause shall be determined by DHCD, in its sole and absolute
discretion, and may include, but is not limited to:
a. Ineffective or improper use of these contract funds by the Awardee or
any of its subcontractors;
b. Failure by the Awardee to comply with any term or provision of this
contract;
C. Failure by the Awardee to submit any documents required by this
contract; or
d. The Awardee's submittal of incorrect or incomplete reports or other
required documents.
2. In the event of a default by the Awardee, DHCD may at any time suspend the
Awardee's authority to obligate funds, withhold payments or both. These
actions may apply to only part or all of the activities funded by this contract.
DHCD will notify the Awardee of the type of action to be taken in writing by
certified mail, return receipt requested, or in person with proof of delivery.
The notification will include the reason(s) for such action, the conditions of
the action, and the necessary corrective action(s). DHCD will give the
Awardee reasonable opportunity to rectify any action or inaction referenced
above.
C.-._- Termination --
I. Termination at Will
This contract, in whole or in part, may be terminated by DHCD upon no less
than ten (40) working days notice when DHCD determines that it would be in
the best interest of DHCD and the County. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery.
2. Termination for Convenience
DHCD may terminate this contract, in whole part, when both parties agree
that the continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall agree
upon the termination conditions. DHCD, at its sole discretion, reserves the
right to terminate this contract without cause upon thirty (30) days written
notice. Upon receipt of such notice, the Awardee shall not incur any
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additional cost under this contract. DHCD shall be liable only for reasonable
costs incurred by the Awardee prior to notice of termination. DHCD shall be
the sole judge of "reasonable costs."
3. Termination Because of Lack of Funds
In the event of a funding short -fall, or a reduction in federal appropriations, or
should funds to finance this contract become unavailable, DHCD may
terminate this contract upon no less than twenty-four (24) hours written
notification to the Awardee. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery. DHCD shall be
the final authority in determining whether or not funds are available. DHCD
may at its discretion terminate, renegotiate and/or adjust the contract award,
whichever is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the
Awardee through Board of County Commissioners action, the Awardee may,
at its discretion, request in writing from the Director of DHCD a release from
its contractual obligations to the County. The Director of DHCD will review
the effect of the request on the community and the County prior to making a
final determination.
5. Termination for Breach
DHCD may terminate this contract, in whole or in part, when DHCD
determines, in its sole and absolute discretion, that the Awardee is not
making sufficient progress thereby endangering the ultimate contract
performance, or is not materially complying with any term or provision of this
contract.
Unless the Awardee's breach is waived by DHCD in writing, DHCD may, by
written notice to the Awardee, terminate this contract upon no less than
twenty-four (24) hours notice. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery. Waiver of breach
of any provision of this contract shall not be deemed to be a waiver of any
other breach and shall not be construed to be a modification of the terms of
this contract. The provisions herein do not limit DHCD's right to legal or
equitable remedies.
6. - Penalties for Frauds Misrepresentation or Material Misstater-bent
In accordance with the Code of Miami -Dade County, Section 2-8.1.4, any
individual or corporation or other entity that attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material
misstatement, shall be terminated, whenever practicable, as determined by
the County.
The County may terminate or cancel any other contracts with such individual
or subcontracted entity it has with the County. Such individual or entity shall
be responsible for all direct and indirect costs associated with such
termination or cancellation, including attorney's fees.
The foregoing notwithstanding, any individual or entity who attempts to meet
its contractual obligations with the County through fraud, misrepresentation
or material misstatement may be disbarred from County contracting for up to
five (5) years.
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7. Payment Settlement
If termination occurs, the Awardee will be paid for ailowable costs incurred in
carrying out activities required by this contract up to the date and time of
termination.
D. Renegotiation or Modification
Modifications of provisions of this contract shall be valid only when in
writing and signed by duly authorized representatives of each party. The
parties agree to renegotiate this contract if DHCD, in its sole and absolute
discretion determines that federal, state, and/or County revisions of any
applicable laws or regulations, or increases or decreases in budget
allocations make changes in this contract necessary. DHCD shall be the final
authority in determining whether or not funds "for this contract are available
due to Federal, state and/or County revisions of any applicable laws or
regulations, or increases or decreases in budget allocations.
CONTRACT EXTENSION
The County shall have the right to exercise an option to extend this contract
for up to one year beyond the current Contract period and will notify the
Awardee(s) in writing of the extension. This contract may be extended
beyond the initial year extension period upon mutual agreement between the
County and the Awardee(s), upon approval by the Director of the Department
of Housing and Community Development.
E. Right to Waive
DHCD may, for good and sufficient cause, as determined by DHCD in its sole and
absolute discretion, waive provisions in this contract or seek to obtain such waiver
from the appropriate authority. Waiver requests from the Awardee shall be in writing.
Any waiver shall not be construed to be a modification of this contract.
DHCD's failure to exercise any of its rights under this contract or DHCD's waiver of a
provision on any one occasion shall not constitute a waiver of such rights or
provision.on any other occasion. No failure or delay by DHCD in the exercise of any
right shall operate as a waiver.
F. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and
- -must -comply with- DHCD's Contract Compliance Manual. These revisions
shall not require a contract amendment unless the amount of this contract is
changed or unless otherwise required by DHCD. All budget revisions shall
require the written approval of DHCD. DHCD shall have no obligation to
approve payment of expenditures incurred prior to the approval of the budget
revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by
action from the Board of County Commissioners, written notification via
certified mail to the Awardee advising of the funding reduction shall be sent
by DHCD no later than 5 working days of the action; written notification will
constitute a contract amendment. The Awardee will have five working days
upon receipt of certified return receipt notification to submit a revised budget
reflecting funding adjustments. Should the modified budget not be received
within the specified time, DHCD will revise the budget at its discretion.
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DHCD in its sole and absolute discretion will determine whether substantial
reductions will necessitate revision and resubmittal of the Scope of Service
(Attachment A). Revisions to the Scope of Service, when required, will be
negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this contract's
objectives are classified as noted in the Scope of Services shall not require a
contract amendment.
G. Disputes
In the event an unresolved dispute exists between the Awardee and DHCD, DHCD
shall refer the questions, including the views of all interested parties and the
recommendation of DHCD, to the County Manager for determination. The County
Manager, or an authorized .represdntative, will issue a determination within thirty (30)
calendar days of receipt. and so advise DHCD and the Awardee or in the event
additional time is necessary, DHCD will notify the Awardee within the thirty (30) day
period that additional time is necessary. The Awardee agrees that the County
Manager's determination shall be final and binding on all parties.
H. Headings
The section and paragraph headings in this contract are inserted for convenience
only and shall not affect in any way the meaning or interpretation of this contract.
Minority Participation
In order to gain greater Black business participation, the Awardee may submit its
contracts to the County Manager for bidding and award in accordance with County
policies and procedures.
J. Proceedings
This contract shall be construed in any manner pertaining or relating to this contract
shall, to the extent permitted by law, be held in Miami -Dade County, Florida.
K. independent Private Sector Inspector General Reviews
1. Miami -Dade County has established the Office of the Office of Inspector
General which is empowered to perform random audits on all County
contracts throughout the duration of each contract. Grant recpents__are
exempt -from -paying -the cost of the audit which Is normally 1/4 of 1% of the
total contract amount.
The Miami -Dade County inspector General is authorized and empowered to
review past, present and proposed County and Public Health Trust programs,
contracts, transactions, accounts, records and programs. In addition, the
Inspector General has the power to subpoena witnesses, administer oaths,
require the production of records and monitor existing projects and
programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance
with plans, specifications and applicable law.
The inspector General is empowered to analyze the necessity of and
reasonableness of proposed change orders to the Contract. The Inspector
General is empowered to retain the services of independent private sector
inspectors general (iPSIG) to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal
i►xA
submittals, activities of the Provider, its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector
General or IPSIG retained by the Inspector General, the Provider shall make
all requested records and documents available to the Inspector General or
IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the
Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, including, but
not limited to original estimate files, worksheets, proposals and agreements
from and with successful and unsuccessful subcontractors and suppliers, all
project -related correspondence, memoranda, instructions, financial
documents, construction documents, proposal and contract documents,
back -charge documents, all documents and records which involve cash,
trade or volume discounts, insurance proceeds, rebates, or dividends
received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
The provisions in this section shall apply to the Provider, its officers, agents,
employees, subcontractors and suppliers. The Provider shall incorporate the
provisions in this section in all subcontractors and all other agreements
executed by the Provider in connection with the performance of the contract.
Nothing in this contract shall impair any independent right of the County to
conduct audit or investigative activities. The provisions of this section are
neither intended nor shall they be construed to impose any liability on the
County by the Provider or third parties. The Awardee is aware that Miami -
Dade County Office of the Inspector General has the right to perform ramdom
audits on all county contracts throughout the duration of each contract.
Grant Recipients are exempt from paying the costs of the audit, which is
normally 114 of 1% of the total contract amount.
L. Notice and Contact
DHCD's representative for this contract .is Ronald Jones. The Awardee's
representative for this contract is Maria T. Ason The Awardee's principal office is at
444 S.W. 2nd Avenue, Miami, Florida 33130. The Awardee's telephone number is 305-
416-1971.
In the event that different representatives are designated by either party after this
-contract -is executed;-or-the-Awardee changes -its address, notice of the name of"the
new representative or new address will be rendered in writing to the other party and
said notification attached to originals of this contract.
M. Name and Address of Payee
When payment is made to the Awardee's assignee, the name and address of the
official payee is: N/A
N. Waiver of Trial
Neither the Awardee, subcontractor, nor any other person liable for the
responsibilities, obligations, services and representations herein, nor any assignee,
successor, heir or personal representative of the Awardee, subcontractor or any
such other person or entity shall seek a jury trial in any lawsuit, proceeding,
counterclaim or any other litigation procedure based upon or arising out of this
Contract, or the dealings or the relationship between .or among such persons or
9-1
entities, or any of them. Neither Awardee, subcontractor, nor any such person or
entity will seek to consolidate any such action in which a jury trial has been waived.
The provisions of this paragraph have been fully discussed by the parties hereto,
and -the provisions hereof shall be subject to no exceptions. No party has in any way
agreed with or represented to any other party that the provisions of this paragraph
will not be fully enforced in all instances.
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this
contract, including any rights, title or interest therein, or its power to execute such
contract to any person, company or corporation without the prior written consent of
the County.
P. Third Parties
This agreement is intended for the sole and exclusive benefit of the parties and is not
intended to benefit any third party nor shall it be deemed to give rise to any rights in
any third party
P. Survival
The parties acknowledge that any of the obligations in this agreement, including but
not limited to Awardee's obligation to indemnify the County, will survive the term,
termination, and cancellation hereof. Accordingly, the respective obligations of the
Awardee and the County under this agreement, which by nature would continue.
beyond the termination, cancellation or expiration thereof, shall survive termination,
cancellation or expiration hereof.
Q. All Terms and Conditions Included:
This contract and its attachments as referenced (Attachment A Scope of Services;
Attachment Al — Action Steps; Attachment B - Budget; Attachment C - Progress
Report; Attachment D - Information for Environmental Review; Attachment E -
Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and
Signage) contain all the terms and conditions agreed upon by the parties.
29
IN ;WITNESS THEREOF, the parties hereto have caused this twenty-six (26) page contract to be
executed by their undersigned officials as duly authorized, this day of 2010.
AWARDEE:
THE CITY OF MIAMI
BY:
NAME:
Carlos A. Migoya
TITLE:
City Manager
DATE:
BY:
NAME
Priscilla A. Thompson
TITLE:
City Clerk
DATE
Witnesses:
BY:
(Signature)
BY:
Type or Print Name
(Signature)
MIAMI-DADE COUNTY
BY:
NAME:
George M. Burgess
TITLE: County Manager
ATTEST
BY:
TITLE: Clerk, Board of County
Commissioners
Type or Print Name
_ - 59-6000375
Federal ID Number:
Resolution #: R-1260-07
Awardee's Fiscal Year Ending Date: 9130
CORPORATE SEAL:
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
30
ATTEST:
Priscilla A. Thompson
City Clerk
Date:
Approved as to Insurance
Gary Reshefsky, Interim Director
Risk Management Administrator
City of Miami, a municipal corporation of the
State of Florida
By:
1
Carlos A. Migoya, City Manager
Approved as to Form and Correctness:
Julie 0. Bru, City Attorney