Res No 093-13-13911RESOLUTION NO. 9 3 -13 -13 911
A Resolution authorizing the City Manager to execute FY 2013 Community
Development Block Grant agreement with Miami -Dade County Public
Housing and Community Development (PHCD) for the Marshall Williamson
Park Improvements Project in the amount of $115,000.
WHEREAS, the Mayor and City Commission desire to accept the grant from Miami -
Dade County administered by and through its Department of Public Housing and Community
Development (PHCD); and
WHEREAS, the Agreement will provide funding for much needed park improvements at
Marshall Williamson Park; and
WHEREAS, the Agreement will provide funding for the demolition of three
playgrounds, installation of two playgrounds, installation of a basketball half -court, park
amenities, tree canopy and repair of sidewalks at Marshall Williamson Park; and
WHEREAS, the Agreement requires matched funding in the amount of $85,778.00 for
construction of bathroom facilities funded by the SMCRA and;
WHEREAS, the grant period begins on January 1, 2013 and ends on December 31,
2013.
WHEREAS, the Mayor and City Commissioners desire to have the City Manager
execute the grant agreement in an amount of $115,000;
NOW, `[HEREi +ORE,_ BE IT RESOLVED BY THE MAYOR AND CITY
Section 1: The City Manager is hereby authorized to execute the grant agreement with
Miami -Dade County Department of Public Housing and Community Development (PHCD) for
the Marshall Williamson Park Improvements Project in the amount of $115,000. The grant
agreement is attached to this resolution.
Section 2: This resolution shall be effective immediately after the adoption hereof.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
Res. No. 93 -13 -13911
PASSED AND ADOPTED this 7 th , day of May , 2013.
ATTEST:
Y CLERK
READ AND APPROVED AS TO FORM
LANGUAGEertGALITY AND
CITY /ATTORN
2
APPROVED:
COMMISSION VOTE:
5 -0
Mayor Stoddard:
Yea
Vice Mayor Liebman:
Yea
Commissioner Harris:
Yea
Commissioner Newman:
Yea
Commissioner Welsh:
Yea
h
South Miami
H-Ameftacity
CITY OF SOUTH MIAMI 111111 1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM ' "n'
To: The Honorable Mayor & Members of the City Commission
From: Steven Alexander, City Manager
Date: May 7, 2013
SUBJECT: A Resolution authorizing
Community Development
County Public Housing ant
Marshall Williamson Park
$115,000.
Agenda Item No.:
the City Manager to execute FY 2013
Block Grant agreement with Miami -Dade
Community Development (PHCD) for the
Improvements Project in the amount of
BACKGROUND: The City of South Miami was awarded funding for Marshall Williamson
Park Improvement Project under the Community Development Block
Grant (CDBG) Program in a total amount $115,000 through Miami -Dade
County, Public Housing and Community Development (PHCD). The
grant will provide funding for much needed park improvements at
Marshall Williamson Park. Specifically, the grant will provide funding for
the demolition of three playgrounds, installation of two playgrounds,
installation of a basketball half- court, park amenities, tree canopy and
repair of sidewalks at Marshall Williamson Park. In fiscal year 2013, the
South Miami Community Redevelopment Agency is funding the
amount of $85,778, which will serve as matt ed funding for this grant
agreement.
The grant period begins on January I, 2013 and ends on December 31,
2013.
EXPENSE $115,000.00
ATTACHMENTS: Grant Contract with Miami -Dade County, Public Housing and
Community Development
w
Resolution Number #R- 165 -13
Duns Number #024628976
Awarded Amount $115,000
CDBG 2013 FY 2013 COMMUNITY DEVELOPMENT BLOCK GRANT
Municipality CONTRACT BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
Please be advised that although the United States Congress has approved the FY 2013 budget,
Congress may reduce funding intended for the above referenced program, which may impact your FY 2013
allocation and this Agreement. It is important that Awardee (as defined below) understand that the amount
set forth in this Agreement is the anticipated funding, and the actual amount shall be up to but not exceed the
anticipated amount. This Agreement is subject to change or termination in the event that federal funding is
reduced from the amount anticipated by the County at the time of execution of this Agreement.
This Agreement (hereinafter referred to as "Agreement' or "Contract'), by and between Miami -Dade County,
a political subdivision of the State of Florida, hereinafter referred to as "County" and City of South Miami, hereinafter
referred to as "Awardee" and having offices at 6130 Sunset Drive, South Miami, FL 33143, and telephone number of
(305) 668 -2510, states conditions and covenants for the rendering of Community, Economic or Housing activities
hereinafter referred to as "Activity or Activities" for the County through its Public Housing and Community
Developmenthereinafter referred to as "PHCD," and having its principal offices at 701 N.W. 1 Court, 14th Floor, Miami,
Florida 33136, collectively referred to as the "Parties."
WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and
welfare of the residents throughout the County a; and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and
Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable
urban communities; and
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous
of providing such activities; and
WHEREAS, the County has appropriated $115,000 of CDBG funds to the Activity Marshall Williamson Park
Improvements located at 6125 S.W. 68 Street, South Miami, FL 33143. All CDBG funds awarded to County
Departments and municipalties, such as Awardee, shall be in the form of a grant conditioned upon Awardee meeting a
CDBG national objective pursuant to the terms and conditions set forth herein, including but not limited to Section ll,
W(2)(a)(1) -(2); and
WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services ", in Miami -Dade County or the focus area(s) of the county.
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as
follows:
DEFINITIONS
PHCD Public Housing and Community Development or its successor
Department.
24 CFR Part 570 — CDBG Federal regulations implementing Title I of the Housing and
Regulations Community Development Act of 1974, as amended - Community
Development Block 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
Page 1
residents and which is receptive to the needs expressed by the
community.
Local Having headquarters in Miami -Dade County or having a place of
business located in Miami -Dade County from which the Contract or
Subcontract will be performed.
Low- and Moderate - Income A person or family whose annual income does not exceed 80% of the
Individual or Family median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Very Low Income Individual A person or family whose annual income does not exceed 50% of the
or Family median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Contract Records or Any and all books, records, documents, information, data, papers,
Agreement Records 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.
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.
Property The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any real
property of Awardee or Related or Affiliated Entities (as defined herein)
acquired or improved upon with funds awarded pursuant to this
Agreement or on which funds awarded pursuant to this Agreement are
anticipated to be used.
Policies and Procedures PHCD's Policies and Procedures Manual f /kla Contract Compliance
Manual Manual may be viewed and downloaded at
http: / /www.miamidade.gov /housing /community - development.asp
Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for
Subconsultant the purpose of performing work or functions cited on the Action Step
Format (Attachment "Al) of this contract.
Subcontract Any contractual agreement between a Subcontractor and the Awardee.
THE AWARDEE AGREES:
A. The Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services," which is incorporated herein and attached hereto, in the County or the focus area(s) of
the County. Awardee acknowledges and agrees that the purpose of CDBG funds is to benefit low -
and moderate - income persons. Therefore, Awardee shall carry out the Activities in such a manner
as to satisfy a National Objective.
B. Insurance Requirements
Upon PHCD's notification, the Awardee shall furnish to the Department's Community and Housing
Management (CHMD), 701 N.W. 1 Court, 14`" floor, Miami, Florida 33136, relevant certificate(s) of
Insurance evidencing insurance coverage for the activity as detailed in the Scope of Service
(Attachment A). The effective coverage start date of applicable insurances shall not be later than
the date of the Agreement execution and shall be approved by Miami -Dade County's Internal
Services Department prior to any reimbursement being processed. All certificates and insurance
updates must identify the names of the Awardee and the Activity being funded through this
Page 2
Agreement. The Awardee shall provide Builder's Risk Insurance and /or Flood Insurance (if
applicable) upon the issuance of the Notice to Proceed with an effective date for coverage
commencing on the Notice to Proceed date.
Any changes to the required insurance policies, including coverage renewals, must be submitted to
PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the
Awardee shall be in default of the terms and conditions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction
with this subsection remain in force for the duration of the Agreement period, including any and all
option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee
must have the coverage cited in Attachment 1 of this Agreement at the time that it begins
construction on the project. If the insurance certificates are scheduled to expire during the
Agreement period, the Awardee shall be responsible for submitting new or renewed insurance
certificates to the County at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed certificates
are received by the County in the manner prescribed in the requirements; provided, however, that
this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty
(30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to
execution of the Agreement by the County and commencement of the contracted services, the
Awardee shall obtain all insurance required under this Section and submit same to the County for
approval. All insurance shall be maintained throughout the term of the Agreement.
D. Indemnification
The County shall not assume any liability for the acts, omissions to act or negligence of the
Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts,
omissions to act, or negligence arising out of the Awardee's performance pursuant to this
Agreement. 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 an kind or nature in the nam . of .t a GounE where a livable includin a eliat
Y
Awardee expressly understands --and agrees -that any insurance protection required by this
Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the County or its officers, employees, agents and
instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign
immunity by the County or Awardee (if Awardee is a municipality). Nothing herein shall be construed
to extend the County's or Awardee's liability (if Awardee is a municipality) beyond that provided in
section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the County or
Awardee (if Awardee is a municipality) to be sued by third parties in any matter arising out of this
Agreement. The provisions of this section survive the termination or expiration of this Agreement.
E. National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be
required to achieve the national objective of Benefit to Low and Moderate Income Persons or
Households (LMI). (See Attachment B -2). Awardee shall execute and deliver to the County,
simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the
County pursuant to this Agreement in the event that Awardee fails to meet the national objective. In
the event the CDBG funds subject to this Agreement are to be used for the acquisition or
improvement of real property, the Awardee shall also be required to give the County a mortgage or
other sercurity instrument to be determined at the absolute and sole discretion of the County Mayor
or Mayor's designee in order to secure the loan described in this Agreement. Title work and a title
insurance policy, if so required in the absolute and sole discretion of the County Mayor or Mayor's
Page 3
designee in order to adequately secure the loan set forth herein, shall be paid for by Awardee.
Awardee understands that the County may be liable to the United States Department of Housing
and Urban Development ( "HUD ") for repayment of the federal funds loaned to Awardee pursuant to
this Agreement in the event that HUD determines that Awardee has failed to meet the national
objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS,
PURSUANT TO THIS AGREEMENT AND /OR THE PROMISSORY NOTE, IN THE EVENT THAT
HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The
County shall have all rights and remedies in law and equity to seek repayment of funds loaned to
Awardee pursuant to this Agreement.
Documents and Reporting Requirements
The Awardee shall submit documents to PHCD or report on relevant information to PHCD as
described below and provide any other documents in whatever form, manner, or frequency as
prescribed by PHCD. These will be used for monitoring progress, performance, and compliance with
this Agreement and for compliance with applicable County and Federal requirements.
Certificates of Insurance
The original to be received by PHCD within the first month of this Agreement period, and
submitted with each payment request, including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of this
agreement. Awardee shall comply with the insurance requirements set forth in Attachment
1.
Progress Reports
The Awardee shall submit each quarter a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which
shall describe the progress made by the Awardee in achieving each of the
Activities, objectives and action steps identified herein, including but not limited to
Attachment A and Attachment A -1.
The Awardee shall ensure that PHCD receives each report in triplicate (or as
indicated) no later than 10 days after the quarter ends.
The Awardee shall submit to PHCD a cumulative account of its activities under
this agreement by completing the following portions of the Progress Report Form:
Section I — General Information
Section II - Financial 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 - 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 demographic information on each head of household.
Each goal and corresponding objective(s), as indicated in the approved Scope of
Services, must be addressed as part of this report. Awardees engaged in job
creation projects shall report on the progress of their activities including the names
of businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
50% and 70% Benchmark Reporting: At the time Awardee has been paid or
otherwise received fifty percent (50 %) and seventy percent (70 %) of the
Agreement Funds, Awardee must report -- on the next progress report due -- and
submit documentation to show sufficient to show that Awardee has accomplished
Page 4
50 % and 70 %, respectively, of the Activities described herein. For Awardees
engaged in construction and /or housing rehabilitation projects, Awardees 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 demographic information on each head of household.
Each goal and corresponding objective(s), as indicated in the approved Scope of
Services, must be addressed as part of this report. Awardees engaged in job
creation projects shall report on the progress of their activities including the names
of businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
In conjunction with the progress reports submitted, Awardee shall submit the
Performance & Benefit Data Supplement (the "Supplement') to the Quarterly
Expenditure & Progress Report. The Supplement shall be considered a part of the
progress reports due pursuant to this Agreement.
Section III - Contract and Subcontract Activitv Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report) - The Awardee shall report to PHCD 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 PHCD no later than 10 days after
the first and third quarter.
Section IV - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) - The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from federally
financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be submitted using the
Progress Report Form attached hereto as a Section in Attachment C, as it may
be revised. This section of the form shall be completed semiannually by the
Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
The Awardee shall submit to the County, in a timely manner, any other information
deemed necesseuy b the Count to show Awardee has erformed its obligations
national objective, and its presentation shall Comply rWith 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 Agreement. 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 (5) days written notice of
such action to be taken.
L Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized to
fulfill the terms and conditions of this Agreement, Miami -Dade County Resolution
No. 1634 -93 will apply to this Agreement. This resolution requires the Awardees
to file quarterly reports as to the amount of Agreement 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.
Page 5
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 II, Paragraph F.4. of this Agreement.
Copies of the above described Progress Report shall be received by PHCD no
later than the tenth (10th) 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 F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report) and Final Report -The Awardee shall
submit a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress made by the Awardee in achieving each of the National Objectives identified in
Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal
year beginning on January 1 and ending on December 31 and shall be received by PHCD
no later than 10 days after the year ends. The Final Progress Report submitted by Awardee
shall include a summary of services and accomplishments Awardee performed and
achieved throughout the term of this Agreement and shall be accompanied by sufficient
documentation to show Awardee has met the CDBG National Objective. For Activities
where the National Objective is job creation, the Final Progress Report shall include
documentation sufficient to prove to U.S. HUD that Awardee met the National Objective.
4. 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 Agreement, shall
submit information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D, "Information for Environmental Review Form."
Notwlthstandina anv provision of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or site
ap roval 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 Housing and Urban Development Linder 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 subsequent environmental review.
5. Audit Report - The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, 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.
6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure, property
management and procurement policies and procedures, personnel management,
accounting policies and procedures, etc. Such information shall be submitted to PHCD
within 30 days of the execution of this Agreement.
7. 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 11, Paragraph W of this Agreement.
8. Affirmative Action Plan - The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties - At the time of contract
execution, or at any other time at the request of the County, Awardee shall disclose to the
County all Related or Affiliated Parties. Related or Affiliated Parties shall mean persons,
corporations, partnerships, or other business entities (a) which have a direct or indirect
ownership interest in Awardee, (b) which have a parent or principal thereof which has a
Page 6
direct or indirect ownership interest in Awardee, (c) whose members appointed by
Awardee, or (d) which the County deems in its sole discretion to be a Related or Affiliated
Party of Awardee. The Awardee shall report this information to the County upon forming
the relationship or, if already formed, shall report it immediately. Any supplemental
information shall be reported quarterly in the required Progress Report. This provision shall
be construed broadly to the benefit of the County. Non - compliance with these requirements
will be considered a default, which may result in the immediate termination of the
agreement, the recovery of the entire funding award, and the disqualification of funding
through PHCD for a period of three years.
10. Reporting on Financial Status, Bankruptcy, Real Properly, or Personal Property — Awardee
shall notify the County in writing within ten (10) days of the occurrence of any of the
following as to Awardee or any Related or Affiliated Parties:
a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default,
late payment regarding any property of Awardee or Related or Affiliated Parties,
including properties not related to this Agreement. Awardee shall also provide the
County with a copy of all court filings, notices of default, arrearage or late
payment, or any other documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for which
the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and shall
entitle the County to seek any and all remedies available at law, equity and pursuant to this
Agreement.
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
61t1u.t 1?r` rMrXA P makinn-M 211 ripmIIIIII a an o M=klkfl n _n l,f ci r 11 an. Ih�
entering info of any Goc perative Agreement, and the extension, continuation, renewal,
amendment, or modification of any federal Agreement, grant, loan, or cooperative
Agreement.
2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan, or cooperative Agreement, on a Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
Rules, Regulations and Licensing Requirements
Page 7
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
OMB A -122, OMB A -110, OMB A -21, OMB A -133, and with the applicable procedures
specified in PHCD's Policies and Procedures Manual found at
http:/ /www.miamidade.aov /ced /PnP.asp, which are incorporated herein by reference,
receipt of which is hereby acknowledged, and as they may be revised.
2. The Awardee agrees to abide by Chapter II -A, Code of Miami -Dade County ( "County
Code "), as amended, applicable to non - discrimination in employment, housing and public
accommodation.
3. Awardee shall comply with, and cause all subcontracts to require compliance with, Florida
Statutes, the Miami -Dade County Code of Ordinances, and all applicable building codes,
including the Miami -Dade County Building Code and any applicable municipal building
code. Failure of Awardee or any subcontractor of Awardee to so comply with these
requirements, which includes but is not limited to engaging in construction or repairs
without proper building permits or unlicensed professionals engaging in work which
requires a license, shall cause this Agreement to be voidable by the County at the County's
absolute and sole discretion. In the event the County voids this Agreement for failure to
comply with the requirements of this section, Awardee shall forfeit any right to payment
pursuant to this Agreement, regardless of when Awardee's or the subcontractor's
noncompliance becomes known to the County.
4. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on the basis of handicap and requires a minimum number of
units to be accessible to persons with disabilities; 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 VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063
which prohibits discrimination in housing on the basis of race, color, religion, sex, or
national origin; Executive Order 11246, as amended which requires equal employment
opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163)
which requires mandatory standards and policies relating to energy efficiency. The
Awardee 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 Awardee.
If the amount payable to the Awardee pursuant to the terms of this Agreement 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.C. 1368); Environmental Protection Agency regulations
(40 CFR Part 15); and Executive Order 11738.
6. 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
PHCD within the term of this Agreement or the Affordability Period.
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 laws listed below including but not limited to, those provisions
pertaining to employment, provisions and program services, transportation,
communications, access to facilities, renovations, and new construction.
Page 8
8. Affirmative Action /Non- Discrimination of Employment, Promotion, and Procurement
Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5 million,
seeking to contract with Miami -Dade County shall, as a condition of award, have a written
Affirmative Action Plan and Procurement Policy on file with the County's Regulatory and
Economic Resources Department. 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 Regulatory and
Economic Resources Department. Firms claiming exemption must submit, as a part of their
proposals /bids to be filed with the Clerk of the Board, an appropriately completed and
signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be
subject to periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross annual revenues
to determine the requirement for compliance with the Ordinance. Those firms that do not
exceed $5 million annual gross revenues must clearly state so in their bid /proposal.
Any bidder /respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the Board of County
Commissioners.
Domestic Violence Leave Affidavit - Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the Miami -
Dade County Code. This Ordinance applies to employers that have, in the regular course of
business, fifty (50) or more employees working in Miami Dade County for each working day
during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R- 185 -00, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not certified its compliance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R- 185 -00, as well as the
Domestic Leave Ordinance may result in the contract being declared void, the contract
being terminated and /or the firm being debarred.
10. Code of Business Ethics - In accordance with Section 2- 8.1(1) of the Code of Miami -Dade
County each person or entitiy that seeks to do business with Miami -Dade County shall
adopt a Code of Business Ethics ( "Code ") and shall submit an affidavit stating that the
Awardee has adopted a Code that complies with the reguirements.of Section 2 -L 1 i' of the
amended by Ordinance 00 -1, also requires any county employee or any member of the
employee's immediate family who has a controlling financial interest, direct or indirect, with
Miami -Dade County or any person or agency acting for Miami -Dade County from
competing or applying for any such contract as it pertains to this solicitation, must first
request a conflict of interest opinion from the County's Ethic Commission prior to their or
their immediate family member's entering into any contract or transacting any business
through a firm, corporation, partnership or business entity in which the employee or any
member of the employee's immediate family has a controlling financial interest, direct or
indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County
and that any such contract, agreement or business engagement entered in violation of this
subsection, as amended, shall render this Agreement voidable. For additional information,
please contact the Ethics Commission hotline at (305) 579 -9093.
11. 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,
Page 9
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 Agreement shall be terminated on the discretion of Miami -Dade County.
Further, should the Awardee be placed on the list at any time during this Agreement Miami -
Dade County shall have the right to terminate this agreement
12. 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 Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee,
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 Awardee. 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 Vendor Affidavit Form
2. Criminal Record Affidavit
3. Public Entity Crime Affidavit
4. Related -Party Disclosure Information
5. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
6. Affirmative Action Affidavits
7. Current on all County Contracts, Loans, and Other Obligations Affidavit
8. Financial and Conflicts of Interest Affidavit
9. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in violation
at the time it submitted its affidavit.
The applicable Acts are as follows:
1 The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327,
42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title 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.
In addition to the requirements in the Agreement, the Awardee / Department agrees to
comply with all the provisions of 24 CFR 570.502, 24 CFR 570 503, and 24 CFR Part 570,
Subpart K, including the following:
Public Law 88 -352 and Public Law 90 -284; affirmatively furthering fair housing; Executive Order
11063.
Section 109 of the Housing and Community Development Act.
Labor standards.
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead -based paint regulations.
Page 10
Eligibility of contractors or sub recipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
13. CDBG - Related Requirements
National Objective - Awardee must perform the Activities described herein in a
manner in which Awardee meets the national objective of benefit to low -
andmoderate- income persons. Awardee shall ensure and maintain
documentation, acceptable to the County in its sole and absolute discretion, that
conclusively demonstrates that each activity assisted in whole or in part with
CDBG funds is an activity which provides benefit to low- and moderate - income
persons, as defined in the CDBG Regulations.
2. 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. If the Awardee is a primarily religious entity, it shall
comply with all provisions of 24 CFR 570.200 (j).
3. 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 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The 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.
4. 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, PHCD's written environmental clearance
statement and shall agree in writing to comply with any and all requirements as
may be set forth in the Site Environmental Clearance Statement.
5. The Awardee shall cooperate with PHCD in informing the appropriate CDBG
'fizp r a tr.uciur Y ro ri f the
-activities of e Awardee to adhering to tn,e provisions ot this Agreement.
F epresentative —of �tFie Awardee shall a end " meetings of the appropriate
committees and citizen participation structures, upon the request of the citizen
participation officers, PHCD, or the County.
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 PHCD 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 Agreement. Representatives of the Awardee shall attend
meetings of the appropriate committees and citizen participation structures, upon
the request of the citizen participation officers, PHCD, or the County.
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 Community Planning and
Outreach Division of PHCD 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
Page 11
CFR part 50 and /or part 58 and to the rules and regulations of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970, as
amended.The Awardee shall adopt Affirmative Marketing Procedures and
requirements for CDBG assisted projects. These procedures must consist of
actions to provide information and attract eligible persons from all racial, ethnic
and gender groups to the available services. The Awardee shall annually assess
its affirmative marketing program to determine if the procedures used to comply
with the requirements specified in Public Law 88 -352 and Public Law 90 -284
successfully meet these requirements. The Awardee shall submit to PHCD its
Affirmative Marketing Plan no later than 60 days from the date this Agreement is
executed.
8. 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 their compliance with the national objective, and PHCD
will have the right to monitor the activity.
9. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
Conflicts with Applicable Laws
If any provision of this Agreement 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 Agreement, as modified, shall continue and all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J. Board of Directors
If the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shall not be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall:
1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement,
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 procedures
which, at a minimum, shall adhere to all applicable federal standards.
3 Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and
Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on
September 15, 1999; and other related acts, as applicable.
4 Submit to PHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
5. Submit to PHCD all construction plans and specifications and receive PHCD's approval
prior to implementation.
6 Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre- construction conference. In accordance with industry standards, PHCD will hold ten
percent (10 %) of the total grant award as a retainer until the construction work is
determined by PHCD, in its sole discretion, to be seventy -five percent (75 %) completed, At
the time that the construction work is determined by PHCD to be seventy -five percent
complete, the retainer will be reduced to 5% until the work is completed, Completion shall
occur when a Certificate of Occupancy is issued.
Page 12
The County shall have the right to assign Professional Staff and provide Technical
Assistance from the Public 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 may 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 such staff.
Execute and record, at the County's request, any of the following documents in order to
ensure the Property is used as defined and described in Attachment A of this Agreement:
a. Promissory Note
b. Mortgage
C. Loan Agreement
d Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC -1 Rider
h. Title Insurance Policy
L. Audits and Records
Nonprofit organizations that expend $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB A -133.
Nonprofit organizations expending federal awards of $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. Nonprofit organizations that expend 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 agencies 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 procedures
(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
tatements on Standards for Attestation Engagements (Attestation Report)
3. When the requirements of OMB A -133 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement 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 PHCD no later than six months following the
end of the Awardee's fiscal year.
If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year or on the basis of the period during which PHCD - federal
assistance has been received. In either case, each audit shall cover a time period of not
more than twelve (12) months and an audit shall be submitted covering each assisted
period until all the assistance received from this Agreement has been reported on. Each
audit shall adhere to all other audit standards of OMB A -133, as these may be limited to
cover only those services undertaken pursuant to the terms of this Agreement. A copy of
the audit report in triplicate must be received by PHCD no later than six months following
each audit period.
The Awardee shall maintain all Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly reflect
Page 13
all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement.
7. 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.
8. The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to cant' out any eligible substantive programmatic services, as such
services are described in this Agreement and defined by PHCD, each of the record - keeping
and audit requirements detailed in this Agreement. PHCD shall, in its sole discretion,
determine when services are eligible substantive programmatic services and subject to the
audit and record- keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by 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 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 this Agreement and upon request make them available to the
County for four 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.
10. The Awardee shall ensure that its auditors share their audit results with and must submit
the audit report to PHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03 -2, the Awardee will 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. The Awardee agrees to maintain an
accounting system that provides accounting records that are supported with adequate
documentation, and adequate procedures for determining the allow ability and allocability of
costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami -Dade County with a function or activity involving
the use or disclosure of "Individually Identifiable Health Information (IIHI) and /or Protected Health
Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA)
of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates
privacy, security and electronic transfer standards including but not limited to:
1 Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non - permitted disclosures;
3. Reporting to Miami -Dade County of any non - permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions
and conditions that apply to the Contractor and reasonable assurances that
IIHI /PHI will be held confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7. Making PHI available to Miami -Dade County for an accounting of disclosures; and
8. Making internal practices, books and records related to PHI available to Miami -
Dade County for compliance audits.
Page 14
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and /or electronic transfer of data). The Contractor must give its customers written notice of
its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retention of Records
The Awardee shall retain all Contract Records for a period of at least seven (7) years
following the final Close -Out of the Activity /Project (hereinafter referred to as "Retention
Period ") subject to the limitations set forth below. The final Close -Out of the Activity /Project
is the date when PHCD provides written notificationo of such. Under no circumstances shall
Awardee dispose of any Contract Records prior to Awardee providing the County sufficient
documentation to show that the HOME Regulations were fully complied with in Awardee's
performance of its obligations under this Agreement and has received confirmation from
PHCD that the Activity /Project has been finally Closed -Out in the U S. HUD IDIS system.
Upon Awardee's request in writing for confirmation of said final Close -Out, PHCD shall
provide Awardee in writing either confirmation of final Close -Out or a list of documentation
required in order to proceed toward final Close -Out.
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 Agreement, the Retention Period shall be extended until such time as
the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of
PHCD, 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 Agreement records during the
required Retention Period.
4. The Awardee shall notify PHCD in writing, both during the pendency of this Agreement and
after its expiration as part of the final closeout procedure, of the address where all
Agreement records will be retained.
5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
O. Provision of Records and Proprietary Rights and Information
T. The Awardee shall provide to PHCD, upon request, all Agreement records. These records
shall become the property of PHCD without restriction, reservation, or limitation of their
use. PHCD shall have unlimited rights to all books, articles, or other copyrightable
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 under regulatory control of; 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 PHCD immediately upon such issuance unless such
disclosure is a violation of the rules or policies of the regulatory agencies issuing the
reports.
3. Proprietary Information
As a political subdivision of the State of Florida, Miami -Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense, the
disclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement, the Awardee will not use directly or indirectly for itself or
for others, or publish or disclose to any third party, or remove from the County's property,
Page 15
any computer programs, data compilations, or other software which the County has
developed, has used or is using, is holding for use, or which are otherwise in the
possession of the County (hereinafter "Computer Software "). All third -party license
agreements must also be honored by the Awardees and their employees, except as
authorized by the County and, if the Computer Software has been leased or purchased by
the County, all hired party license agreements must also be honored by the Awardees'
employees with the approval of the lessor or Awardees thereof. This includes mainframe,
minis, telecommunications, personal computers and any and all information technology
software.
The Awardee will report to the County any information discovered or which is disclosed to
the Awardee which may relate to the improper use, publication, disclosure or removal from
the County's property of any information technology software and hardware and will take
such steps as are within the Awardee's authority to prevent improper use, disclosure or
removal_
3. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof furnished
by the County to the Awardee hereunder or furnished by the Awardee to the County
and /or created by the Awardee for delivery to the County, even if unfinished or in
process, as a result of the Services the Awardee performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the
Awardee as well as its employees, agents, subcontractors and suppliers may use only
in connection of the performance of Services under this Agreement. The Awardee
shall not, without the prior written consent of the County, use such documentation on
any other project in which the Awardee or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Awardee to
meet official regulatory requirements or for other purposes in connection with the
performance of Services under this Agreement shall not be construed as publication in
derogation of the County's copyrights or other proprietary rights.
b) All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee and
its subcontractors specifically for the County, hereinafter referred to as "Developed
Works" shall become the property of the County.
c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or
any employee, agent, subcontractor or supplier thereof, without the prior written
consent of the County, except as required for the Awardee's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its
subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose and /or permit any other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the
County or entities controlling, controlled by, under common control with, or affiliated
with the County, or organizations which may hereafter be formed by or become
affiliated with the County. Such license specifically includes, but is not limited to, the
right of the County to use and /or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to
any person or entity outside the County for such person's or entity's use in furnishing
any and /or all of the Deliverables provided hereunder exclusively for the County or
entities controlling, controlled by, under common control with, or affiliated with the
County, or organizations which may hereafter be formed by or become affiliated with
the County. No such License Software, specifications, data, documentation or related
Page 16
information shall be deemed to have been given in confidence and any statement or
legend to the contrary shall be void and of no effect
P. Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the County by the Awardee or third parties.The provisions in this section
shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or
Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts
and all other Agreements executed by the Awardee in connection with the performance of the
Agreement.
Miami -Dade County Inspectors General Review
According to Section 2 -1076 of the Code of Miami -Dade County, as amended, Miami -Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total
contract amount which cost shall be included in the total proposed amount. The audit cost will be
deducted by the County from progress payments to the selected Awardee. The audit cost shall also
be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (114) of one percent fee assessment shall not apply
to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for
financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f)
concessions and other rental agreements; (g) insurance contracts; (h) revenue - generating contracts;
(1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j)
professional service agreements under $1,000; (k) management agreements; (1) small purchase
orders as defined in Miami -Dade County Administrative Order 3 -2; (m) federal, state and local
government- funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the
Miami -Dade County Board of County Commissioners may authorize the inclusion of the fee
assessment of one quarter (1 /4) of one oercent in any exempted contract at the time of award.
Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector
General is authorized and empowered to review past, present and proposed County 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.
by the Inspector General, the Awardee small make all requested records andaocumen s avaitab1e
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 Awardee's possession, custody
or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the
Agreement, 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 Agreement 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.
Independent Private Sector Inspector General Reviews
Pursuant to Miami -Dade County Administrative Order 3 -20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County,
the Awardee shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shall be
responsible for the payment of these IPSIG services, and under no circumstance shall the
Awardee's prices and any changes thereto approved by the County, be inclusive of any charges
relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its
officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall
impair any independent right of the County to conduct an audit or investigate the operations,
Page 17
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
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 Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from PHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to PHCD at least thirty (30) days prior to the start date of
the agreement. PHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
PHCD 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 for existing staff.
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 Il, Paragraph W.1. of this Agreement.
6. Out -of -town travel not specifically listed in the approved budget.
7. The disposition of Program Income not specifically listed in the approved Program Income
budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section ll, Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section Il, Paragraph N of this
Agreement.
10. In the event the Awardee wishes to substitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all
Agreement records, facilities, equipment, materials, and services of the Awardee which are in any
wav connected to the activities undertaken pursuant to the terms of this Agreement, and /or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or
provide PHCD with a reasonable justification for not correcting the deficiencies PHCD 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 PHCD in
its report.
S. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public
Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently
has no financial interest and shall not acquire any financial interest, direct or indirect, which would
Page 18
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. The Awardee certifies and represents that no
officer, director, employee, agent, or other consultant of the County or a member of the immediate
family or household of the aforesaid has directly or indirectly received or been promised any form of
benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this
Agreement.
The Awardee shall abide and be governed by Miami -Dade County Ordinance No. 72 -82 (Conflict of
Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in
connection with its Agreement obligations hereunder.
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
PHCD immediately upon the Awardee's discovery of such possible conflict. PHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to PHCD, within five business days of execution this Agreement, 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 Agreement 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 Agreement, which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through PHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the County,
or of the State of Florida (including elected and appointed members of the legislative
and executive branches of government), or a member of the immediate family or
household of nu raresaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee shall have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County, in
its sole discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies all the individuals
and entities involved and sets forth in detail the nature of the relationship and why it is in
the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
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shall apply.
d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above
and acquires information which may indicate that there may be an actual or apparent
violation of any of the above, Awardee shall promptly bring such information to the
attention of the County's Project Manager. Awardee shall thereafter cooperate with the
County's review and investigation of such information, and comply with the instructions
Awardee receives from the Project Manager in regard to remedying the situation.
T. Intentionally Left Blank
U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the United
States Department of Housing and Urban Development (US HUD), as funding sources and that the
Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the
County and US HUD 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. The use of the official County logo is
permissible. The Awardee shall ensure that all media representatives, when inquiring about the
activities funded by this Agreement, are informed that the County and US HUD are the funding
sources. The Awardee shall notify the County of all events and activities involving the Project ten
(10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department,
must be notified in order to request the project sign from Miami -Dade County Internal Services
Department. Within thirty (30) days of the erection of the sign, the CHIVID Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
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. Payment
for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement 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
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCD 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 low- income residents from Community Development Target 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 financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low- income persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below:
The work to be performed under this Agreement 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.
Page 20
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3, As evidenced by their execution of this Agreement, the parties
to this Agreement 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 (1) after the Awardee is selected but before the Agreement is executed, and
(2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the 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 Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. 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 Agreement. 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 Agreement that are subject to the provisions of Section 3 and
section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
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 Attachment G). The County will not execute this
Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and
Procedures.
Page 21
The County reserves the right to either approve or withdraw its consent to a subcontract if it appears
to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise
impair the performance of the Awardee's obligations under this Agreement.
W. Property
Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
C. 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.
d. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $1,000 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.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
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 by
Awardee or PHCD in whole or in part with CDBG funds received from PHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five (5)
years after the expiration or termination of this Agreement, or for such
longer period of time as determined by PHCD 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 Agreement or
such longer period as determined by PHCD, the Awardee shall, in the
sole discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD 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 or transfer the property to PHCD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from PHCD for $25,000 or less shall be
disposed of, at the expiration or termination of this Agreement, in accordance with
instructions from PHCD.
G. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with PHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from PHCD, 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
Page 22
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.
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 PHCD 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.
All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCD. This report shall include the elements listed in
Paragraph W.2.c., above.
Nothing in this section shall be construed to limit the County's right to collect from Awardee
the entire amount of CDBG funds awarded pursuant to this Agreement in the event
Awardee fails to meet a national objective.
Inventory - Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to
the County. A capital item shall be defined as an item that: (1) has a service life in excess
of one year; (2) is either complete within itself or is a major component of another item of
property; (3) by definition cannot be described either as supplies or materials; (4) will not be
consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify
the County immediately upon acquiring any capital items with funds allocated in this
Agreement
The County shall allow the Awardee to retain possession of capital equipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents of
title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All nonexpenclable personal properly purchased or tmproved in woe or in par
with funds from this and previous Agreements with PHCD 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 Agreements with PHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to PHCD. The
inventory report shall include the elements listed in Paragraph W.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 the terms of this Agreement shall
vest in the County and PHCD.
5. The Awardee shall obtain prior written approval from PHCD 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 Agreement. The Awardee shall dispose of all such property in
accordance with instructions from PHCD. Those instructions may require the return of all
such property to PHCD.
Page 23
X. Program Income
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 Agreement and
applicable federal regulations or rules, or any County rules or ordinance.
The Awardee shall comply with the Program Income provisions in PHCD's
Policies and Procedures Manual. If any Program Income provisions of the
Policies and ... Procedures Manual conflict with any Program Income provisions of
this Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to PHCD all cumulative Program Income generated from
activities financed in whole or in part by funds from this Agreement, for as long as
it receives and /or has control over Program Income generated from this and any
previous Agreements with PHCD. The Awarded must submit the information for
the generated Program Income to PHCD q )rterly as part of the Fiscal Section of
the Awatdee's Pra ress Re cart as outlined in See #ion II Para ra h F.2.a.
The C.OUnty may expressly permit Awardee to usq_Program Income in the Scope
of Services. If such permissign is not ex ressly set forth in the Scope of Seryices.
then Awardee must request permission from the County to use Program Income
for eligible activities, The County may in its sole discretion grant such permission,
but such permission may require the approval of the Board of County
Commissioners.
c. If the Awardee requests to use Program Income, the Awardee shall provide to
PHCD a written explanation of the activities to be assisted with Program Income
and shall obtain PHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Should Awardee be granted permission to use Program Income, Awardee's use of
Program Income shall be subject to the limitations set forth in this Agreement and
as set forth in the CDBG regulations, 24 CFR Part 570 et.seq.
e. Should Awardee be granted permission to use Program Income from a revolving
loan activity, Program Income must be used only for the same revolving loan
activity.
f. Should Awardee be granted permission to use Program Income, 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.
g Should Awardee be granted permission to use Program Income, all Program
Income from activities other than a revolving loan activity shall be substantially
disbursed to cant' out other PHCD- approved CDBG eligible activities, and to
cover operational costs before requesting additional CDBG funds.
h. Any proceeds from the sale of property as detailed in Section II, Paragraph WA.,
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 Income and its disposition.
Upon expiration or termination of this Agreement 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 to any CDBG funded activities. PHCD 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
Page 24
revolving loan fund, cash balances from a lump sum drawdown, or cash or investments
held for Section 108 security needs).
4. PHCD, 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 Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall
conform to the requirements of PHCD's Policies and Procedures Manual.
Z. Subcontracts and Assignments
Unless otherwise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
the prior consent of the County may result in termination of the Agreement 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. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at https: / /www.sam.gov/ Awardee
shall provide to PHCD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami -Dade County's debarred
Contractor's List; Awardee shall, at a minimum, check at
http: / /www.miamidade.gov /business /small- business.asp to determine if a
person or entity is on Miami -Dade County's debarred contractor's list. Awardee
shall provide PHCD with a printout copy of the site page that indicates the name
and the date it was checked.
b Comply with all CDBG requirements, as applicable, as well as the regulations
specified in PHCD's Policies and Procedures Manual.
C. Identify the full, correct, and legal name of the party.
Describe the activities to be performed.
Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval that
the County or PHCD 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
PHCD, set forth in this Agreement. PHCD shall in its sole discretion determine
when services are eligible substantive programmatic services and subject to the
audit and record - keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three bids.
Such competitive process shall be described in writing, approved by the Board of
Directors and a copy of which submitted to PHCD. In such circumstances that
open, competitive bids are not feasible or that a minimum of three bids are
unobtainable, permission to use other methods of award must be requested in
writing and approved by PHCD prior to the assignment or award of subcontract.
The Awardee agrees that no assignment or sub - contract will be made or let in
connection with the Agreement without the prior written approval of PHCD, which
approval shall not be unreasonably withheld, and that all such sub - contractors or
assignees shall be governed by the terms and intent of this Agreement.
Page 25
9. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
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. Regardless of any approvals by PHCD of
subcontracts or subcontractors, the Awardee shall bear all risks associated with
subcontracting performance of the Activities to a subcontractor.
4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging
any party who agrees to carry out any substantive programmatic activities as may be
determined by PHCD as described in this Agreement. PHCD's approval shall be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD prior to either assigning or
transferring any obligations or responsibility set forth in this Agreement or the right to
receive benefits or payments resulting from this Agreement.
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar
amount agreed upon in this Agreement.
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 PHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from PHCD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Additional Funding
The Awardee shall notify PHCD of any additional funding received for any activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the
Awardee's notification by the funding source.
BB. 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 PHCD adequate proof, as determined by PHCD
in its sole and absolute discretion, that the Awardee has incurred the expenditures. It shall
be presumed that the Awardee has provided adequate proof of having incurred expenses if
Page 26
the Awardee submits to PHCD canceled checks or original invoices approved by the
Awardee's authorized representative which show performance of the Activities described in
Attachment A and conformance with the laws, rules and regulations set forth in this
Agreement. When original documents cannot be presented, the Awardee must adequately
justify their absence in writing and furnish copies of those documents to PHCD. The
Awardee shall be paid only for those expenditures contained within Attachment B,
"Budget," to this Agreement as it may be revised with the prior written approval by PHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to PHCD no less frequently than monthly. Expenditures incurred by the Awardee
must be submitted to PHCD, along with all original invoices, copies of front and back of
cancelled checks paid to all subcontractors and suppliers, all release of liens from alll
subcontractors and suppliers, and all final approved permits, for payment within 30 days
after the month in which the expenditures were incurred. Failure to comply will result in
rejection of invoices. In no event shall the County be obligated to pay any invoices for
expenses which were incurred more than 60 days prior to the date the request for payment
is submitted to PHCD.
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 Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms of this Agreement 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. 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 payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Risk Management
Division. PHCD must receive the final request for payment from the Awardee no more than
thirty (30) calendar days after the expiration or termination of this Agreement. If the
Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
payment(s) if PHCD, in its sole discretion, so chooses.
7 All monies paid to the Awardee which have not been used to retire outstanding obligations
of this Agreement must be refunded to PHCD in accordance with PHCD's Policies and
Procedures Manual.
Agreement; or after termination of this Agreement, shidil -be recaptured in full by the County
9. 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 Agreement, Awardee agrees to and shall assign any proceeds to the County from any
Agreement 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.
CC. Reversion of Assets
The Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, 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 Agreement 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 PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, including but not
Page 27
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event shall funds received pursuant to this
Agreement be used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
III. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions
contained within this Agreement in an amount not to exceed $115,000.
IV, THE AWARDEE AND PHCD AGREE:
A. Effective Date
1. This Agreement shall begin on January 1, 2013. Any costs incurred by the Awardee prior
to this date will not be reimbursed by the County.
2. This Agreement shall expire on December 31, 2013. 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 be accomplished by a writing by the County to the Awardee. Such notice
shall automatically become a part of this Agreement.
3. This Agreement may, at the sole and absolute discretion of the County and PHCD, remain
in effect during any period that the Awardee has control over Agreement funds, including
Program Income. However, the County shall have no obligation or responsibility to make
any payment, except those described within Section II, Paragraph Y, or provide any type of
assistance or support to the Awardee if this Agreement has expired or been terminated.
4. Management Evaluation and Performance Review
The Department may conduct a formal management evaluation and performance review of
the Awardee, if in the Department's sole discretion it is deemed necessary and applicable.
The management evaluation shall reflect the Awardee's compliance with generally
accepted fiscal and organizational standards and practices. The performance review
should reflect the quality of service provided and the value received using monitoring data,
such as progress reports, site visits, and client surveys.
B. Default or Breach
The Awardee shall be in default or breach of this Agreement if any of the following acts,
omissions or conditions occur:
0. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
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(Attachment A) within the effective term of this Agreement, including but not
limited to failure to meet the National Objective, as determined by the County and
U.S. HUD.
b. Awardee fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requried herein.
C. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sole
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sole
discretion would materially impair performance by Awardee of all the terms and
conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1) -(2) of this Agreement.
j. Failure to meet the fifty percent (50 %) or seventy percent (70 %) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
C. Suspension
he County may suspeno payment in w 5o e or in part uncer inis Conlrar-1 y provicing
written notice to the Awardee of such suspension and specifying the effective date thereof,
at least ten (10) days before the effective date of suspension. If payments are suspended,
the County shall specify in writing the actions that must be taken by the Awardee as
conditions precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any
other Agreements entered into between the County and the Awardee. The Awardee shall
be responsible for all direct and indirect costs associated with such suspension, including
attorney's fees. Reasonable cause shall be determined by PHCD, in its sole and absolute
discretion, and may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of its
subcontractors;
b. Failure by the Awardee to materially comply with any term or provision of this
Agreement;
C, Failure by the Awardee to submit any documents required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
Page 29
e. Failure to meet the fifty percent (50 %) or seventy percent (70 %) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
2. In the event of a default by the Awardee, PHCD 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 Agreement.
3. PHCD 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).
D Termination
Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten
(10) working days notice when PHCD determines that it would be in the best interest of
PHCD and the County. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. In the event of termination, the County may:
(a) request the return of all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured by
the Awardee with County funds under this Agreement; (b) seek reimbursement of County
funds allocated to the Awardee under this Agreement; and /or (c) terminate or cancel any
other Agreements entered into between the County and the Awardee. The Awardee shall
be responsible for all direct and indirect costs associated with such termination, including
attorney's fees.
2. Termination for Convenience
PHCD may terminate this Agreement, 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.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
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 Agreement become unavailable, PHCD may terminate this Agreement 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.
PHCD shall be the final authority to determine whether or not funds are available. PHCD
may at its discretion terminate, renegotiate and /or adjust the Agreement 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 PHCD a release from its contractual obligations to the County.
The Director of PHCD will review the effect of the request on the community and the
County prior to making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty -four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
Page 30
PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its
sole and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is not materially complying with any term
or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of
this Agreement;
7. Termination for Bankruptcy
The County reserves the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial
portion of the property of the Awardee under federal bankruptcy law or any state insolvency
law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by written
notice to the Awardee, terminate this Agreement 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 Agreement 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
Agreement. The provisions herein do not limit the County's right to legal or equitable
remedies. The County may resort to any remedy for breach provided herein or at law,
including but not limited to, taking over the performance of the Services or any part thereof
either by itself or through others.
In the event the County shall terminate this Agreement for default or breach, the County or
its designated representatives, may immediately take possession of all applicable
equipment, materials, products, documentation, reports and data.
9. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the County
1i7ousah fra ,d_ msr - nrest+#i7 o.r material issWimint. hail 11ve i.ts A06ee.ment wlh
the County terminated, whenever practicable, as determined by the County. The County
may terminate or cancel any other Agreements which such individual or other
subcontracted entity has with the County. Such individual or entity shall be responsible for
all direct and indirect costs associated with such termination or cancellation, including
attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to
meet it contractual obligations with the County through fraud, misrepresentation or material
misstatement may be disbarred from County contracting for up to five (5) years.
E Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
Awardee shall be liable for all damages, including but not limited to:
a. the difference between the cost associated with procuring Services hereunder and the
amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and
b, such other direct damages.
Page 31
2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's
performance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a court
of appropriate jurisdiction. The Awardee shall be responsible for all direct and indirect
costs associated with such enforcement, including attorney's fees.
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the
County for damages sustained by the County by virtue of any breach of the Agreement, and the
County may withhold any payments to the Awardee until such time as the exact amount of damages
due the County is determined. The County may also pursue any remedies available at law or equity
to compensate for any damages sustained by the breach.
Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination.
"Reasonable, allowable costs" are those costs which are necessary in order to perform Awardee's
obligations under this Agreement and specifically exclude expenses incurred prior to the execution
date of this Agreement, personal expenses, travel expenses, expenses related to additional phases
of the Project not specifically and expressly incorporated into this Agreement. PHCD shall be the
sole judge of "reasonable, allowable costs," All compensation pursuant to this Article is subject to an
audit at the County's discretion. Awardee shall not receive payment for lost future revenues, lost
developer fees or lost profits,
E -1. Limitation of Liability and Limitation of Remedies
Awardee acknowledges that the County is providing substantial funds to Awardee at low or no cost
to Awardee, and that these CDBG funds are for the purpose of providing a benefit to the community
health and welfare.
Therefore, the Parties agree to the following limitations on liabilities for any and all claims of any kind
arising from or in connection with performance or breach of this Agreement, which limitations shall
apply equally to both Parties:
1. Both Parties' cumulative liability for damages, if any, is limited to the amount of the CDBG
funds set forth in Section III, above.
2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost
developer fees.
3. Each party shall bear its own attorney's fees and costs.
4. Neither party shall be liable for costs incurred by the other party prior to the execution of
this Agreement.
F. Renegotiation, Modification and Right to Waive
Modifications of provisions of this Agreement shall be valid only when in writing and signed
by duly authorized representatives of each party, which for the County is the County Mayor
or Mayor's designee. The parties agree to renegotiate this Agreement if PHCD determines,
in its sole and absolute discretion, that federal, state, and /or County revisions of any
applicable laws or regulations, or increases or decreases in budget allocations make
changes in this Agreement necessary. PHCD shall be the final authority in determining
whether or not funds for this Agreement are available due to federal, state and /or County
revisions of any applicable laws or regulations, or increases in budget allocations.
The County shall have the right to exercise an option to extend this Agreement beyond the
current Agreement period and will notify the Awardee in writing of the extension. This
Agreement may be extended beyond the initial extension period upon mutual agreement
Page 32
between the County and the Awardee, upon approval by the County Mayor or Mayors
designee.
3. The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver
requests from the Awardee shall be in writing. No waiver shall be valid unless in writing
and signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to
be a modification of this Agreement.
4. The County's failure to exercise any of its rights under this Agreement, or the County'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 the County in the exercise of any
right shall operate as a waiver.
G. Budget Revisions and Changes to the CDBG Eligibility Activity Title
Revisions to the Budget (Attachment B) shall be requested in writing and must comply
with PHCD's Policies and Procedures Manual. All budget revisions shall require an
amendment of this Agreement, which the County shall have no obligation to execute. The
County shall not be obligated to make payments for 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 PHCD no later than five (5) working days
of the action; written notification will constitute a Agreement 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, The County will revise the budget at its discretion. The County in
its sole and absolute discretion will determine whether substantial reductions will
necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to
the Scope of Services, when required, will be negotiated to the mutual satisfaction of both
parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are
classified as noted in the Scope of Services (Attachment A) shall not require a Agreement
amendment.
H. Compliance
The County shall have the right to inspect, monitor, and inquire of Awardee , at the sole and
f 'n in effect. d W! ron Any, 1hilithe.Awardee is ..o
complete a National Ubjective or rias conuoi over AgreemenT Tunas, including Program income, in
order toensure compliance with the CDBG RegtaiaiionsHowever, the County shall-- ave no
obligation or responsibility to make any payment or provide any type of assistance or support to the
Awardee if this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, duly approved and signed by both
parties and attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
Disputes
In the event an unresolved dispute exists between the Awardee and PHCD, PHCD shall refer the
questions, including the views of all interested parties and the recommendation of PHCD, to the
County Mayor for determination. The County Mayor, or an authorized representative, will issue a
determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in
the event additional time is necessary, PHCD will notify the Awardee within the thirty (30) day
period that additional time is necessary. The Awardee agrees that it shall not seek legal redress for
Page 33
breach or enforcement of this Agreement until thirty (30) days from the County Mayor's issuing
his /her determination.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its Agreements to the
County Mayor for bidding and award in accordance with County policies and procedures.
L. Proceedings
This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute
arising under, in connection with or related to this Agreement or related to any matter which is the
subject of this Agreement shall be subject to the exclusive jurisdiction of the state and /or federal
courts located in Miami -Dade County, Florida.
M. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
TO AWARDEE: City of South Miami
6130 Sunset Drive,
South Miami, FL 33143
Attn: Hector Mirabile
COPY TO:
Attn:
TO COUNTY: Miami -Dade County
111 N. W. 1 st Street
Miami, Florida 33128
Attn: Russell Benford, Deputy Mayor
COPY TO: Public Housing and Community Development
701 NW 151 Court, 14th Floor
Miami, FL 33136
Attn: Gregg Fortner, Director
COPY TO: Public Housing and Community Development
701 NW 15c Court, 14`h Floor
Miami, FL 33136
Attn: Letitia Goodson, PHCD Project Manager
COPY TO: Assistant County Attorney
County Attorney's Office
111 N. W. 1st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement 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
Agreement.
In the event that any of the information required by the provisions of this Article is changed by either
of the Parties after the execution of this Agreement, the affected Party shall give notice in writing
within five (5) days to the other Party of the amended pertinent information, which shall be attached
and incorporated into this Agreement.
Page 34
N. WAIVER OF JURY 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 AGREEMENT, OR THE DEALINGS OR THE
RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR 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 Agreement,
including any rights, title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
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.
Q. Survival
The parties acknowledge that many of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient
evidence of CDBG Regulation compliance for the duration of the period in which Awardee is
obligated to meet a National Objective or has control over CDBG funds as well as the County's right
to inspect and monitor the Project and Awardee for complaince with the HOME Regulations, 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
hereof
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the Awardee
is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the
County.
The Awardee is, and shall be, in the performance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or servant of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sole direction, supervision and control. The
Awardee shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects the Awardee's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees, servants or agents of the
County.
The Awardee does not have the power or authority to bind the County in any promise, Agreement or
representation other than specifically provided for in this Agreement.
Page 35
S. All Terms and Conditions Included
This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment
Al — Action Steps; Attachment B - Budget; Attachment 1 Idemnification and Insurance
Requirements; Attachment B -2 — CDBG Program Requirements; Attachment C - Progress
Report,Set -Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure & Progress
Report; Attachment D - Information for Environmental Review; Attachment E — Certification,
Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage; Attachement G —
Fair Subcontracting Policies; Attachement H — Subcontractor /Supplier Listing) contain all the terms
and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the
subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents and /or agreements
governing this development, the terms, provisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the
project's true "gap" financing needs to be less than the maximum award allocated by the Board of
County Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in
this Agreement shall be subsequently reduced. "Gap" financing means the difference between the
amount of financing available for the Project from other sources and the total project cost. In the
event Awardee applies for and is awarded by the Board of County Commissioners ( "BCC ")
additional funding for the same Project, as described in this Agreement, a separate Agreement or
amendment to this Agreement must be negotiated and executed between Awardee and the County
Mayor or Mayor's designee. Any differences between the terms and conditions set forth in this
Agreement and the subsequent funding award shall require a negotiation between the Parties in
order to resolve those differences. Awardee understands and acknowledges that changes to the
Project or Activities described in this Agreement may not be accomplished by applying for and being
awarded subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the
BCC funding for an additional phase of the same Project, a separate agreement must be negotiated
and executed between the Parties. Under no circumstances shall Awardee assert that a
subsequent application for and award of funds for the same project constitutes and amendment of
this Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a
subsequent application for and award of funds for the same Project where such subsequent
application by Awardee includes terms which conflict with the terms of this Agreement.
U. Interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or
neuter as the context requires.
V. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the 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.
W. Corporate Governance
A Not - for - Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For - Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
Page 36
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials.
AWARDEE:
City of SOL
BY:
NAME:
TITLE:
DATE:
r _ n a 11A fez.
BY:
NAME
TITLE:
DATE
yq�3Ya0Yh
Witnesses:
BY:
(Signatur
N P
Type or Oint N �
BY:
Type or Nint Name
Federal ID Number: 59- 6000431
Resolution Number #R- 165 -13
Awarded Amount $115,000
Awardee's Fiscal Year Ending Date:
CORPORATE SEAL:
MIAMI -DADE COUNTY
BY:
NAME:
Carlos A. Gimenez
TITLE: Mayor
ATTEST
BY:
TITLE: Clerk, Board of County Commissioners
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES
Page 37
5.
6.
7.
- HUD INFORMATION:
5a. — HUD matrix code:
5b. — HUD Activity Type:
5c. — HUD National Citation
- ACCOMPLISHMENTS:
6a. — Number of Units:
6b. —Type:
- NATIONAL OBJECTIVE:
Total # of Low /Mod in Service Area:
ATTACHMENT A
Block Group:
3
8.
- ACTIVITY ADDRESS:
MIAMI-
9.
PUBLIC HOUSING AND
COMMUNITY DEVELOPMENT
NRSA (Activity located in):
South Miami
District (Activity located in):
FY 2013 Scope of Services
10.
January
1, 2013 through December 31, 2013
Agency
Name: City of South Miami
1.
- ACTIVITY TITLE:
Marshall Williamson Park Improvements Project
11.
IDIS #:
N/A
INSURANCE REQUIREMENTS:
RESOLUTION #:
R- 165 -13
DUNS #:
24628976
2.
- ACTIVITY DESCRIPTION:
Demolition of three (3) playgrounds, installation of two (2) playgrounds, a
basketball half - court, park amenities and tree canopy, repair of sidewalks in
Winston Parkinson !
the park.
Planner (Signature) +'
2a— Activity Category:
'Public Facilities and Capital Improvements
Cordella Ingram:
2b. — Objective:
Suitable Living Environment
Supervisor, Reside t Sea wets, C:ont +un+ 4, anniug & )utrrae 5ignatur
2c. — Outcome:
Availability/ Accessibility
3.
- APPROVED BY BCC:
Amount: $ 115,000 Source: CDBG FY: 2013
Other Funding Source and Amount:
4.
- FY 2013 FUNDING REQUESTED:
$ 115,000
5.
6.
7.
- HUD INFORMATION:
5a. — HUD matrix code:
5b. — HUD Activity Type:
5c. — HUD National Citation
- ACCOMPLISHMENTS:
6a. — Number of Units:
6b. —Type:
- NATIONAL OBJECTIVE:
Total # of Low /Mod in Service Area:
03F - Parks, Recreational Facilities
LMA
570.208(a)(1)
1
Public Facilities
1037
Block Group:
3
8.
- ACTIVITY ADDRESS:
6125 SW 68 Street, South Miami, FL 33143
9.
- LOCATION:
NRSA (Activity located in):
South Miami
District (Activity located in):
7
10.
- LABOR STANDARD applicable
Type of Work:
❑ Building ❑ Residential
❑ Highway ❑ Heavy
11.
Set aside units different from total units
12.
INSURANCE REQUIREMENTS:
Worker's Compensation Insurance, Commercial General Liability Insurance,
Auto mobility Liability Insurance and Professional Liability Insurance. See
Attachment for detailed requirements.
Project Manager: Letitia Goodson
Winston Parkinson !
Planner (Signature) +'
Cordella Ingram:
Supervisor, Reside t Sea wets, C:ont +un+ 4, anniug & )utrrae 5ignatur
CITY OF SOUTH MIAMI
CDBG
FY 2013
Marshall Williamson Park Improvements
Summary Budget
January 1, 2013 - December 31, 2013
PRIOR YEAR FY 2013
CATEGORIES FUNDING FUNDING
ttlt-G B
NON -PHCD FUNDING TOTAL
I. Personnel
$
- $
- $
$ _
II. Contractual Services
$
- $
- $
$ _
III. Operating Services
$
$
- $
- $ _
IV. Capital Outlay
$
- $
115,000.00 $
85,778.00 $ 200,778.00
TOTAL BUDGET
$
- $
115,000.00 $
85,778.00 $ 200,778.00
SOURCES OF OTHER FUNDING TOTAL AMOUNT
SMCRA
$ 85;778.00
CITY OF SOUTH MIAMI, INC
CDBG FY 2013
Marshall Williamson Park Improvements
DETAIL BUDGET
January 1, 2013 thru December 31, 2013
4010 Fringe Benefits
PP
Non -PHCD
PHCD 2012
PHCD 2013
'Total PHCD
'Total All Sources
0410 PERSONNEL - Employee
$
21012 Environmental Audit
$
$
$
$
Regular - Salaries
$ `
Sub -Total Fringe
$
$
$
$
Position #1
$ °
$
$
$ -
$ -
$
Position #2
$
$ -
$
$ -
$
$
Position #3
$ °
$ -
$ -
$
$
$ _
Sub -Total Salaries
$
$ -
$
$
$
$
4010 Fringe Benefits
FICA (salaryX7.65 %)
$
$ -
$
$ -
$ -
$
21012 Environmental Audit
$
$
$
$
$
$ `
Sub -Total Fringe
$
$
$
$
$ -
$ °
21030 Other Professional SVC
$
$ -
$
$ -
$
$
Total Personnel
$
$ -
$ -
$ -
$ °
Contractual Services
21.011 External Audit
$
$ -
$
$ -
$
$
21012 Environmental Audit
$
$
$
$
$
$ `
21030 Other Professional - SVC Const Mgmt
$
$ -
$ _
$ -
$
$ -
21030 Other Professional SVC
$
$ -
$
$ -
$
$
22350 Bottled Water
$ -
$
$
$ -
$
25330 Rent Copier
$
$
$
$
$
25511 Building Rental
$
$
S
Total Contractual
$ -
$
$
$
$
31011 Telephone Regular
$ -
$
$
$ -
$
31011 Telephone Long Distance
$ -
$ -
$
$
$ -
$ -
31610 Postage
$ "
$ -
$
$
$ _
$
31420 Advertising Radio
$ `
$ -
$
$ °
$ --
$
Commodities
31510 Outside Printing
$ -
$
$ -
$
$ -
95020 Computer Purchase _
$ -
$
$
$ -
$ -
$ "
47.010 Office Supplies / Outside Vendors
$
$
$ -
$
$
$ `
Total Commodities
$ -
$
$
$
$ -
Capital Outlay
90 Construction
$, 85,778.00
$
$ 115,000.00
$ 115,000.00 $ 200,778.00
Infrastructure Improvements
$ -
$
$ -
$ " $
_
Total Capital Outlay
$ 85,778.00
$
$ 115,000.00
$ 115,000.00 $ 200,778.00
TOTAL BUDGET $ 85,778.00 1 $ - $ 115,000.00 $ 115,000.00 1 $ 200,778.00
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MIAMIDADE
ATTACHMENT 1
INDEMNIFICATION AND INSURANCE REQUIREMENTS
The County shall not assume any liability for the acts, omissions to act or negligence of
the City of South Miami (City), its agents, servants or employees; nor shall the City
exclude liability for its own acts, omissions to act, or negligence arising out of the City's
performance pursuant to this Agreement. The City shall indemnify and hold harmless the
County and its officers, employees, agents and instrumentalities from any and all
liability, losses or damages, including attorney's 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 the Agreement by The City or its
employees, agents, servants, partners, principals or subcontractors. The City 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, judgements, and attorney's fees
which may issue thereon. The City expressly understands and agrees that any insurance
protection required by this Agreement or otherwise provided by the City or its
contractors, subcontractors, agents or assigns shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the County or its officers, employees,
agents and instrumentalities as herein provided. Nothing herein shall be construed to
extend the County's or City's liability beyond that provided in Section 768.28, Florida
Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by the
County or City nor shall anything herein be construed as consent by the County or City to
be sued by third parties in any matter arising out of this Agreement. The provisions of
this section survive the termination or expiration of this Agreement.
The City of South Miami shall have its contractors and or sub - contractors furnish to the
Miami -Dade County, c/o Public Housing and Community Development, 701 NW 1St
insurance -coverage has been obtained which meets, the requirements es outlined below;
1. Worker's Compensation Insurance for all employees of the Contractor
pursuant to Chapter 440, Florida Statutes.
2. Commercial General Liability Insurance on a comprehensive basis, including
Explosion, Collapse and Underground Liability coverage in an amount not
less than $1,000,000 combined single limit per occurrence for bodily injury
and property damage. Miami -Dade County must be shown as an additional
insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the agreement, in an amount not less than
$500,000 combined single limit per occurrence for bodily injury and property
damage.
4. For activities involving the construction, rehabilitation or repair of housing,
Builder's Risk Insurance and /or Flood Insurance (if applicable) upon the
issuance of the Notice to Proceed with an effective date for coverage
commencing on the Notice to Proceed date.
All required insurance policies shall be issued by companies authorized to do business
under the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class W as to financial strength by Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of
the County Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the
latest "List of All Insurance Companies Authorized or Approved to Do Business
in Florida ", issued by the State of Florida, Department of Financial Services and
are members of the Florida Guaranty Fund.
NOTE: CERTIFICATE HOLDER MUST READ: MIAMI -DADE COUNTY
111 NW 1sT STREET
SUITE 2340
MIAMI, FL 33128
The effective coverage start date of pplicable insurances - -shall -not be liter than the date
of the Notice to Proceed issued by the County and shall be approved by Miami -Dade
County's ISD Risk Management Division, or successor department, prior to any
reimbursement being processed. All certificates and insurance updates must identify the
names of the Awardee and the Activity being funded through this Agreement.
Any changes to the required insurance policies, including coverage renewals, must be
submitted to PHCD through a formal notice immediately upon occurrence throughout the
Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed
in the Agreement and fails to cure such failure within thirty (30) calendar days after
notification by PHCD, the Awardee shall be in default of the terms and conditions of the
Agreement.
ATTACHMENT B -2
Community Development Block Grant (CDBG) Program
A. Schedule of Units — For Awardees undertaking the development of for -sale ownership
or rental housing, the description of the proposed units to be completed is as follows (to be
completed by Awardee):
Schedule of Units
Unit
Description
Total Number
of Units
Total Number
Set -Aside Units
Square
Feet
Sales Price/
Net Rent Amount
y10 of
AMI
Efficiency/Studio
$
$
1 Bedroom /1 Bath
$
2 Bedroom /1 Bath
%
2 Bedroom /1.5 Bath
$
%
2 Bedroom /2 Bath
$
%
3 Bedroom /1 Bath
$
%
3 Bedroom /1.5 Bath
$
%
3 Bedroom /2 Bath
$
oq
4 Bedroom /2 Bath
$
4 Bedroom /2.5 Bath
$
%
Other
$
°%
MW
AWardee agrees with respect to the
Development for the period beginning on the date of recordation of the Mortgage and
Security Agreement securing the PHCD Loan, that:
a. The Awardee shall designate and set -aside units for very low, low- income, or
moderate income families in the configuration as described in the Schedule of Units
referenced herein.
b. At the very minimum, the Awardee shall be required to equip each unit with the
following: refrigerator, oven, carpeting /tile, and central air conditioning.
c. Each unit shall meet the energy efficiency standards promulgated by the HUD
Secretary.
d. The Awardee must verify that all households assisted have annual incomes that do not
exceed 80% of the Area Median Income (AMI). The awardee must report to PHCD the
number of set -aside housing units completed and occupied, including demographic
information on each head of household.
B. AWARDEE OBLIGATIONS AND DUTIES
1. The Awardee shall begin construction no later than twelve (12) months after
execution of the 2013 RFA Funding Agreement. All construction shall be completed
within twenty -four (24) months of execution of the Agreement. Construction is
completed when a Certificate of Occupancy (CO) is issued.
2. The Awardee shall submit to PHCD, in writing, all requests for project construction
start-up and completion extensions, including a revised timetable for completion of
the project. Such written requests must be submitted to PHCD at least sixty (6o)
days prior to the expiration date of the contract or amendment. If the extension
request is not timely submitted, the funding award shall be automatically forfeited by
the Awardee.
3. The Awardee shall obtain prior written approval from PHCD before undertaking any
and all changes to the project, including, but not limited to changes in the proposed
unit sales prices or rents (as applicable), start-up and completion date extension
request, unit set - aside, floor plans and amounts to be contributed towards closing.
The Awardee shall send PI-ICD notice of such changes within thirty (30) days of any
such increase.
4. The Awardee shall execute a Regulatory Agreement, Note, and Mortgage
delineating a set -aside of units that is proportionate to the level of funding received
pursuant to the funding sources.
S. The Awardee shall forward to PHCD within fifteen [15] days of execution of this
contract an Affirmative Marketing Program to attract and identify prospective renters
or homebuyers (as applicable), regardless of sex, of all minority and majority groups,
to the Project, particularly groups that are not likely to be aware of the Project. The
Marketing Plan should include efforts designed to make such persons/groups aware
of the available housing, including, but not limited to the following activities:
Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami
Times, in an effort to afford all ethnic groups the opportunity to obtain affordable
housing. The Awardee shall provide proof of other special marketina efforts
estate professional.
6. The Awardee shall provide PHCD with a complete set of permitted plans, approved
specifications, and permits for each building or unit model, as applicable, upon
approval by the appropriate controlling municipality prior to commencing
construction.
7. The Awardee shall provide to PHCD for approval prior to awarding the construction
contract for the Development, the name of the General -Contractor.
8. Prior to the commencement of construction, the Awardee shall provide to PHCD the
General Contractor's Payment & Performance Bond (P &PB). At PHCD's discretion,
based on the Awardee's organizational capacity, track record, and experience, an
irrevocable Stand -by !wetter of Credit may be accepted in lieu of the P &PB. In such
event, the Letter of Credit must be issued by a Florida chartered bank or national
VA
bank operating in Florida in the amount of ten percent (10 %) of the construction
contract amount, in US funds, with Miami -Dade County listed as the beneficiary.
9. The Awardee shall schedule a Pre - Construction Conference with PHCDat least sixty
(60) days prior to the commencement of construction.
10. The Awardee shall provide PHCD with a written commitment for construction
financing from a financial institution(s) at the time of construction loan closing.
11. The Awardee agrees to notify PHCD in writing within fourteen (14) days of any key
personnel or location changes in the management company.
12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance in
the name of the Awardee or the licensed design professional employed by the
Awardee in an amount of not less than $250,000, and shall furnish to PHCD the
relevant Certificates of Insurance evidencing the prescribed insurance coverage in
accordance with ATTACHMENT B -1 of this contract.
C. PHCD OBLIGATIONS AND DUTIES
PHCD 'shall manage its own disbursements and act as the disbursement agent for
all construction loan funding draws.
2. PHCD will monitor the project for adherence to plans, unit layout and deadlines for
project completion in accordance with the Contract and the Scope of Services.
3. PHCD shall forward to the County's Risk Management all required and applicable
Certificate(s). of Insurance.
4. PHCD shall disburse the awarded funding only after the Awardee closes on the
construction loan, all required loan documents have been recorded, and the
Awardee has timely submitted funding draw requests and relevant invoices in the
Prescribed manner and as satisfactory to PFICD.
5. PHCD shall notify the Awardee of
D. NATIONAL OBJECTIVE
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall
be required to achieve the national objective of Benefit to Low and Moderate Income
Persons or Households (LMI). For activities designed to meet the LM national objective,
the Awardee shall ensure and maintain documentation, acceptable to PHCD in its sole
discretion that conclusively demonstrates that each activity assisted in whole or in part
with CDBG funds is an activity that provides benefit to persons where no less than 51% of
those beneftted are low- and moderate - income persons with household incomes at or
below 80 % of Area Median Income (AMI), as further defined in the chart below:
3
Miami -Dade County: I HUD 2013
(NOTE: Income Limits subject to change annually.)
23,600 26,950 30,350 33,700 36,400 39,100 41,800 44,500
37,800 4,420 49,700 55,200 59,650 64,050 68,450 72,900
Source: httpJ/www.huduser.org /publications /commdevl/nsp.html
The Awardee may achieve the LMI national objective by undertaking activities that
fall under one of four 4 primary LMI caag pries:
1. To benefit Low Mod Area (LMA)
P
For activities designed to meet the LMI national objective category of Low Moderate
Area Benefit (LMA), the Awardee shall ensure and maintain documentation,
acceptable to PHCD in its sole discretion that conclusively demonstrates that each
activity assisted in whole or in part with CDBG funds is an activity that provides
benefit to residents in a particular area, where at least 51% of the residents are LMI
persons.
The service area of the activity must be primarily residential and the activity must
meet the identified needs of LMI persons. A service area is considered to meet the
test .of being LMI if at least 51 %o. of the persons residing in the service area are low -
to moderate- income, as determined by:
a. the most recently available decennial Census information, together with the
Section 8 income limit,, tt,at i ft,— _s � _ .. 1 .,
11 11V Ilidiwn was coAecxea by the Census Bureau; or
b. a current survey of residents of the service area.
If the proposed activity's service area is generally the same as a census tract or
block group, then the Census data may be used to justify the income characteristics
of the area served.
To benefit Low Mod Limited Clientele (LMC)
For activities designed to meet the LMI national objective category of Low Moderate
Limited Clientele (LMC), the Awardee shall ensure and maintain documentation,
acceptable to PHCD in its sole discretion that conclusively demonstrates that each
activity assisted in whole or in part with CDBG funds is an activity in which no less
than 51% of the beneficiaries of the activity are LMI persons. Activities in this
category provide benefits to a specific group of persons rather than everyone in an
area. It may benefit particular persons without regard to their residence, or it may be
4
an activity that provides a benefit to only particular persons within a specific area.
With respect to determining the beneficiaries of activities as LMI and qualifying
under the limited clientele category, activities must meet one of the following tests:
a. Benefit a clientele that is generally presumed to be principally LMI. This
presumption covers abused children, battered spouses, elderly persons, severely
disabled adults, homeless persons, illiterate adults, persons living with AIDS and
migrant farm workers; or
b. Require documentation on family size and income in order to show that at least
51% of the clientele are LMI; or
c. Have income eligibility requirements limiting the activity to LMI persons only; or
d. Be of such a nature and in such a location that it can be concluded that clients
are primarily LMI.
3. Low Mod Job Creation or Retention Activities (LMJ)
The job creation and retention Low Moderate Job (LMJ) benefit national objective
category addresses activities designed to create or retain permanent jobs, at least
51 % of which, computed on a full -time equivalent basis, will be made available to, or
held by, LMI persons. For Awardees undertaking activities to create jobs, there must
be documentation indicating that at least 51 % of the jobs will be held by, or made
available to LMI persons. For Awardees undertaking activities that retain jobs, there
must be sufficient information documenting that the jobs would have been lost
without the CDBG assistance and that one or both of the following applies to at least
51 % of the jobs:
a. The job is held by a LMI- person; or
b. The job can reasonably be expected to turn over within the following two years
and steps will be taken to ensure that the job will be filled by, or made available
to, a LMI person. For the purpose of determining if the preceding requirements
are met, a person may be presumed to be LMI if:
i. He /she resides in a Census tract/block numbering area that has a 20% _
poverty rate (30% poverty rate if the area includes the central business
district); and the area evidences pervasive poverty and general distress; or
11. Helshe lives in, an_ area _that.. is nart. of_a.. JZ -4,--J .
Eiferpirfsommunity (EC); or w -
Ill. He /she resides in a Census Tractlblock numbering area where at least 70%
of the residents are LMI.
4. Low Mod Housing Activities (LMH)
The housing category of LMH benefit national objective ,qualifies activities that are
undertaken for the purpose of providing or improving permanent residential
structures which, upon completion, will be occupied by LMI households. In order to
meet the housing LMI national objective, structures with one unit must be occupied
by a LMI household. If the structure contains two units, at least one unit must be
LMI occupied. Structures with three or more units must have at least 51 % occupied
by LMI households.
a. Rental buildings under common ownership and management that are located on
the same or contiguous properties may be considered as a single structure.
5
b. For rental housing, occupancy by LMI households must be at affordable rents as
established annually by the U.S. - Department of Housing and Urban
Development (HUD) and consistent with standards adopted and publicized by
PHCD.
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. if the Awardee is a primarily religious entity, it shall comply with all
provisions of 24 CFR 570.200 0).
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 its
compliance with the national objective, and PHCD will have the right to monitor the
activity.
The Awardee shall comply with all applicable uniform administrative requirements as
described in 24 CFR 570.502.
6
tt ttcj ck) rv-,enam" C;
M I A III I D MADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
Recipient Name:
Activity Name:
Activity ID #:
HUD Activity Matrix Code:
HUD Matrix Code Description:
PFO.JECT TYPE:
❑ Acquisition / Disposition
❑ Clearance / Demolition
❑ Street Improvements
❑ Public Facility/ Type:
❑ Building/ Type:
❑ Other Capital Improvement /Type:
[indicate below]
Activity Category:
Accomplishment Type:
❑ Structures • ❑ Parcels
❑ Structures • ❑ Parcels
Reporting Period
15 Quarter Jan -Mar
❑
2" Quarter Apr -Jun
❑
3� Quarter Jul -Set
❑
4 Quarter [Oct -Dec] /
Annual Report
❑
Persons Served * Low /Mod Income
Persons Served • Low /Mod Income
Facilities • Persons Served • Low /Mod Income _
Persons Served • Low /Mod Income
# of Structures
# of Parcels
# of Facilities
# of Persons Served
# of Low /Mod Income
PERFORMANCE •- •
Instructions & Applicability: National Objectives include LMA & LMC activities with any 03 matrix code except 3T.
1. Total Persons Assisted for program year:
2. Counts by Households (H) or Persons (P):
3. Of the Total Persons, enter the number: Number of Persons
With New Access to this service or benefit
With Improved Access to this service or benefit
With access to a service or benefit that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted. Total
With New Access to -this type -of- public Facility or _Infrastrubture_Improue ent.
With Improved Access to this type of Public Facility or Infrastructure Improvement
With access to Public Facility or Infrastructure that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted. Total
Homeless persons given overnight shelter
Number of beds created in overnight shelter or other emergency housing
Is this activity located in a NRSA? ❑Yes []NO
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami -Dade County's website — Services Near
You: http //gisims2 miamidade�ov /CServices/CSReport.asp . A copy of the printout must be included with this report.
Provide the following information:
NRSA # of Clients Served NRSA
# of Clients Served
CD115151712
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141A0
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
NRSA # of Clients Served NRSA
Location / Project Address:
# of Clients Served
Street / City / Zip Code —or- Folio Number is there is no street address
Location / Project Address:
Street / City / Zip Code —or- Folio Number is there is no street address
_ —
ik�. Uj
RACE & ETHNICITY CATEGORY
Instructions: (1) Indicate the total number of persons or households served in each Racial Category for this reporting
period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that
are of Hispanic Ethnicity for this reporting period and the cumulative total.
Report Period Totals
Race Ethnicity
Racial Categories Total Number # Hispanic
White [11]
Cumulative I YTD Totals
R_ ace Ethnicity
Total Number # Hispanic
Black / African American [12]
Asian [13]
American Indian /Alaskan Native [14]
Native Hawaiian / Other Pacific Islander [15]
American Indian / Alaskan Native & White [16]
Asian & White [17]
Black / African American & White [18]
American Indian or Alaskan Native & Black /
African American 19
Other / Multi Racial [20]
OTHER DIRECT BENEFIT INFORMATION
Income Levels
Extremely Low (30% or less)
Low (31% - 50 %)
Moderate (51% - 81 %)
Non Low /Mod (81 % or greater
Totals
Reporting based on household units oni .
Number of Female Headed Households
art Period Totals Cumulative I YTD Totals
Total Number Total Number
AREA INFORMATION
Census ( C) or Survey (S) Data Used: If (S), enter # of Low /Mod & Total Population:
Total # of Low /Mod in Service Area: Total Low /Mod Universe Population in Service Area:
Percent of Low /Mod in Service Area: T
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
CD115151712
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M ► ^'
$
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
1. CDBG Funds
2. HOME Funds
3. ESG Funds
4. Section 108 Loan Guarantee
$ 5. Other Federal Funds
$ 6. State / Local Funds
$ 7. Private Funds
$ 8. Other:
Name of Funding Source
$ Total Funds
REQUIRED ATTACHMENTS [if applicable]: 1) Certificate of Completion; 2) Printout of NRSA reap, if applicable; 3)
Documentation of performance / accomplishments, e.g.; new or improved access to services, facility, or infrastructure
tipgrade; and 4) Documentation as described in the Contract or Scope of Services, or as instructed by the County.
Report Prepared by:
Print Name
Signature of Certifying Official:
Title:
Title:
Date:
Date:
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Aqency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request. CD115151712
3 of 3
MfAM _.
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
LMI LIMITED CLIENTELE (LMC) / JOBS (LMJ) / HOUSING (LMH)
NAME` PHONE: DATE:----
ADDRESS:
r ZIP:
Head of Household: ❑ Male/ ❑ Female
Race / Ethnicity: Do you consider yourself to be Hispanic? ❑ Yes / ❑ No
Please check the race category which applies to you:
Native Hawaiian or Pacific Islander ❑ Asian & White ❑ White
❑ American Indian or Alaskan Native ❑ Black or African American ❑ Asian
❑ American Indian or Alaskan Native &White ❑ Black or African American & White ❑ Other
❑ American Indian or Alaskan Native & Black or African American
List Yourself and all Other Persons Occu in Home Relationship Sex A+ a Ern to fed Yes /No
1. Yourself
Z
3.
5.
6.
7.
8.
The assistanoe you receive is determined in part by the sire of your household and your income. All income and assets will
require venfication before eligibility will be granted. Income
over 1 includes all money coming into the household from all persons
8 years old, Wages, salaries, tips, commissions;
Social Selfmployment income; Retirement, Survivor, or Disability pensions;
Security or Railroad retirement; Supplemental Security
Tem Income, Aid to Families with Dependent Children (AFDC),
porary Assistance to Needy Families (TANF), Food
Interest amps, or other public assistance, or public welfare programs;
including Ve ns' A t, dividends, net rental income, or income from estates or trusts; and any other sources of income received regularly,
tera
ay ments, unemployment com nsation, alimony, and child support must be disclosed.
Household Member Source of Income Gross Monthly Amount Received
1. _
2. -
3.
o.
Income Eligibility Acceptable Documentation: Copy of pay Stubs, Aid to Families with Dependent Children (AFDC) or
Temporary Assistance to Needy Families (TANF) Official Printoutnetter, Food Stamp Official Printout/letter, Letter confirming
amount of unemployment benefits received, proof of child support or alimony, proof of SSA/SSI or Veteran's Benefits, or
proof of retirement income.
,,, ene unaersigriec appricarit, do hereby authorize to verify m
ir�cludiia wa es fy y personal records,
g g pensions, and investments. it is understood that ttiis authorization -is granted fear the sole u
p rpose of
certrfyng my eligibility for federal financial assistance, and that all information acquired in this regard will remainiconfidential.
BY MY SIGNATURE, I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE. I AM AWARE THAT IF 1 MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION
OR ANY OTHER DOCUMENTATION THAT 1 PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED WITH FINES
OR IMPRISONMENT OF UP TO 5 YEARS, OR BOTH, UNDER SECTION 1001 OF TITLE 18, UNITED STATES CODE,
AND I'ALSO MAY BE SUBJECT TO CIVIL AND /OR ADMINISTRATIVE PENALTIES AND SANCTIONS.
Signature of Applicant
M
Date
1 of 2 CD1171051712
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
MIAM GENERAL CDBG INTAKE ELIGIBILITY FORM
CDBG INCOME ELIGIBILITY
Activity classified under family size and income
Activity is classified based on income eligibility
requirements that restrict it exclusively to low -
and moderate - income persons
24 CFR 570.208
24 CFR 570.208(�k2)(t)(Bf
24 CFR 570.208(a)(2)(i)(C)
24 CFR 570.506 (b3
24 CFR 570.506(b)(3)(iii)
DEFINITIONS / :f4 CFR 570.3 - -
Family means all persons living in the same household who are related by birth, marriage or adoption.
Household means all the persons who occupy a housing unit. The occupants may be .a single family, one
person living alone, two or more families living together, or any other group of related or unrelated persons who
share living arrangements.
Income. For the purpose of determining whether a family or household -is low- and moderate- income under
' subpart. C of this part, grantees may select any of the three definitions Ii
sted below for each activity, except that
integrally related activities of the.same type and qualifying under the same paragraph of 570.208(x) shall use
the same definition of income. The option to choose a definition does not apply to activities that qualify under
570.208(a)(1) (Area benefit activities), except when the recipient carries out a survey under 570.208(a)(1)(vi).
Activities qualifying under 570,208(x)(1) generally must use the area income data supplied to recipients by
HUa. The true definitions -are as follows-
(i).Annuali income as defined under the Section 8 Housing Assistance Payments program at 24 CFR 813..106
(except :that if the CD13G.'assistance being provided is horfieowner rehabilitation under 570.202 the value of
the horneowner's primary residence niay be excluded from any calculation of Net f=amily Assets)- or
Estimate the annual income of a family or household by protecting the prevailing rate of income of each
person at the time assistance is provided for the individual, family, or household (as applicable).
Estimate: d an Dual incon-r;�e shall include income -.from all farnity or- household members, as appiicable, Income
or- 'asset enhafrcement derived from.'the CDRG- assisted` activity shall not be considered in :calculating estimated
annual income.
Low- and moderate - income household means a household having an income equal to or less than the i
Section 8 low- income limit established by Rub.
Low- and moderate- income person means a member of a family having an income'cyual`to or less than the
Section'O .Jb.W- income -limit established by l IUI3: IJnTelated individuals Will be- :considered as one person families
for#xt
bsea
Lnw i carne. household. moans a; household having an. income. equal -toor Liss than the Section 8 very low -
income`IImItestablished by HIJD 2.
Low-income iaerson means a member of a farnily that has,an income equal to or less than. the Section t very
low - income limit established .b l I ❑
L- f p se. -
INSTRUCTIONS FOR IMPLEMENTING AGENCY
You must first seek third party verification. This is a verification that is received directly from the source of income.
The request can be by mail, fax, or email. It must be clean evidenced that it was received from the source.
Waming: Title 18, US Code Section 1001, states that a yxrson who knowingly and willingly makes false or fraudulent statements to any Department or
Agency of the United States is guilty of a felony State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request- CD1171051712
2of2
if TM cL) rne,,z+ U
MiAM .:.. .
MIAMI -DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is
to foster the implementation of environmentally compatible activities. As a grant or loan
recipient, Miami -Dade County will not fund projects that will negatively impact clients,
communities, or the environment.
Part I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
❑ CDBG ❑ HOME ❑ HOPE VI
❑ HOMELESS (SRO /SHP) ❑ EDI ❑ NSP
2. Indicate Fiscal Year: FY 20
3. Name of Subrecipient/Agency:
4. Name of Proposed Activity
5. Location Address with
6. Site Folio Number(s):
ST and Zip) of Activity or
sion ulstFIC_ S71 - - -
8. Direct Contact information of loan /grant recipient:
Name: -
Address:
City: _ State:
Phone: Fax:
9. Detailed description of activity or project:
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
11. What is the status of activity or project? For example, Pre - Development Phase,
Rehab /Construction Underway, Rehab /Construction Completed, etc.
Part II. PROJECT OUTCOME
Will the activity or oroiect result in the fnllnwinn?
YES
NO
-
1. Chan a in use
2. Sub - surface alteration i.e. excavations
3. New construction
4. Renovation or demolition
5. Site improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, drives, etc.
6. Buildin improvements winnows, doors, etc.
7. Displacement of persons, households or business
8. Increase in population workin or livin on site
9. Land ac uisition
10. Activity in 1 00- ear flood lain
11. A new nonresidential use generating at least 1,375,000
allons of water or 687,500 gallons of sewn a er day.
_
12. Use requiring operating permit (i.e. for hazardous waste,
_pretreatment of sewage, etc.
13. A sanity landfill or hazardous waste disposal site
14. Tree removal or relocation
'16. The impo r l l9 O.f_ naMlthan 1.0 acre feet of. water (e.g.
—digging a lake or diverting or deepening of a body of water
Part 111. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed land use:
• Existing?
Proposed?
2
• Does the site have any known contaminants?
❑ YES ❑ NO
• If there are known contaminants, has a Phase I audit been completed? If yes, a copy
of Phase I Environmental Audit certified to Miami -Dade County must be submitted to
determine the likely presence of either a release or threatened release of hazardous
substance.
❑ YES FJ NO
2. Site Plan:
Does the proposed activity include a new structure(s) or site improvements on a site of one
(1) acre or more?
❑ YES ❑ NO
If yes, a site P an must be-provided, Pro'ect(s) will not be environmentally reviewed without a
site plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
❑ YES ❑ NO
If yes,
photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
information:
• Existing structure(s) on site? ❑ YES ❑ NO
• Estimated age of structure(s)? - - -
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
❑ YES ❑ NO
If yes, what is the estimated cost of rehabilitation or renovation?
What is the amount sought for funding?
In addition, indicate if the estimated value of the improvement represents:
❑ 0 to 39.9 percent of the market value of the structure(s)
❑ 40 to 49.9 percent of the market value of the structure(s)
❑ 50 to 74.9 percent of the market value of the structure(s)
❑ 75 percent or more of the market value of the structure(s)
3
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
❑ YES ❑ NO
If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hazardous facilities, solid waste /landfill facilities and
underground storage tanks (available through the Department of Permitting Environment and
Regulatory Affairs (DPERA), Florida Department of Environmental Protection (FDEP) .and
U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed? ❑ YES ❑ NO
6. Environmental Health Information:
• If a residential site, and the activity includes or involves rehabilitation, has it been inspected
for defective paint surfaces?
❑ YES ❑ NO
If yes, please submit the results.
• Have any child under the age of six at the site been tested for elevated levels of lead in the
body?
❑ YES ❑ NO
If yes, please submit the results.
7. Other Site Information:
4
YES
NO
1. Flood insurance required?
2. Public water available on site?
-
3. Public sewer available on site?
4. Children under 6 years of age residing on
site or relocating to site (including day care
facility)?
5. Hazardous waste disposal facility?
6. Storage of hazardous materials on site?
7. Abandoned structures on site?
4
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
For all projects: Submit street/plat maps that depict location of property in the County and /or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized
budget describing the major components of the rehabilitation program planned, and a photograph
of the property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I
clearly understand that any omitted and /or incorrect information will delay the initiation of the
environmental review process by the PHCD staff. As such, I am aware that omitted information
could delay the commencement of my organization's project. I understand all approved
environmental reviews are valid for one (1) year maximum.
Print Name Signature Title
Name of Organization or Corporation Date
Unless otherwise indicated, return completed form and attachments to;
Project Management Division
Public Housing and Community Development
Tfl-f l.ilAl A St A Ath r. _ _ ..
Miiami,.Flori.da 33136
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity
EXEMPT*
CENST**
CEST * **
EA * * **
Economic Development
New Construction
X
Rehab
X'
Xz
Non - Construction /Expansion
X
Housing
Single Family Rehab
X
Multi - Family Rehab
X'
X2
New Construction
X
Homeownership Assistance
X
Affordable Housing Pre -Dev.
X
Capital Improvement
Handicapped Access
X
Public Facilities
X'
Xz
Infrastructure
X'
Xz
S
Public Services
Employment
X
Crime Prevention
X
Child Care
X
Youth or Senior Services
X
Supportive Services
X
Type of Publication
No Public
No Public
No Public Notice /No
Publish
Notice /No
Notice /No
RROF (No Statutory
FONSI and
RROF
RROF
Requirement
NOI/RROF
Triggered)
Or
Publish NOI/RROF
(Statutory
Requirement
Triggered)
Estimated Time Frame (Excluding
30-45 Days
30-45 Days
45 -90 Days
Triggered Statutes)
�Min
X' If for continued use and change in density (or size) of less than 20%
X2 Change in density (or size) of more than 20%
' Exempt Exempt Activities
' CENST Categorically Excluded and Not Subject to 58.5
CEST Categorically Excluded Subject to 58.5
EA Environmental Assessment (Format II)
E2
p
CD/43/31413