10CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the ity Commission
From: Hector Mirabile, PhD, City Manager Idl
Date: December 14, 2010 Agenda Item No.:
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to execute fiscal year 2010
Subject: grant agreement with Miami -Dade County's Department of Housing and
Community Development (DHCD) for the SW 64`h Street Improvements
Phase I; providing for an effective date.
Miami -Dade County's Department of Housing and Community Development
(DHCD) awarded the City of South Miami fiscal year 2010 CDBG grant in the
amount of $50,000 for the SW 64`h Street Improvements Project Phase I. The SW
Background: 64`h Street Improvements Project consists of street improvements as a result of
much needed reconstruction along SW 64th Street (Hardee Drive) from SW 57th
Avenue to SW 62nd Avenue (Red Road). The project will include sidewalks, tree
planting & roadway improvements.
Expense: $0
Account: 106-3300-541-6550
Attachments: • Miami -Dade County's Department of Housing and Community
Development (DHCD) Agreement
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RESOLUTION NO.:
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing the City Manager to execute fiscal year 2010 grant agreement
with Miami -Dade County's Department of Housing and Community Development
(DHCD) for the SW 64th Street Improvements Phase I; providing for an effective
date.
WHEREAS, the Mayor and City Commission wishes to accept grant from Miami -
Dade County DHCD; and
WHEREAS, this grant agreement is for 64th Street Improvements Phase I in an
amount of $50,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission authorize the City Manager to
execute the grant agreement for SW 60 Street Improvements Phase I with Miami -Dade
County's Department of Housing and Community Development (DHCD) in the amount of
$50,000.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this , day of
29 ATTEST:
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33 CITY CLERK
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40 READ AND APPROVED AS TO FORM
41 AND SUFFICIENCY:
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45 CITY ATTORNEY
, 2010
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
RESOLUTION NO.:
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing the City Manager to execute fiscal year 2010 grant agreement
with Miami -Dade County's Department of Housing and Community Development
(DHCD) for the SW 60' Street Improvements Phase I; providing for an effective
date.
WHEREAS, the Mayor and City Commission wishes to accept grant from Miami -
Dade County DHCD; and
WHEREAS, this grant agreement is for 64th Street Improvements Phase I in an
amount of $50,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Mayor and City Commission authorize the City Manager to
execute the grant agreement for SW 64th Street Improvements Phase I with Miami -Dade
County's Department of Housing and Community Development (DHCD) in the amount of
$50,000.
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this
CJIy1111MM
CITY CLERK
, day of
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
, 2010
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Resolution Number # R- 489 -10
Duns Number #024628976
Awarded Amount $50.000
CDBG 2010 FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT
Municipalitiy CONTRACT BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
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 the City of South Miami,
hereinafter referred to as " Awardee" and having offices at 6130 Sunset Drive South Miami Florida 33143 and
telephone number of (305) 663 -6345, 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 Department of Housing
and Community Development hereinafter referred to as "DHCD," and having its principal offices at 701 N.W. 1 Court,
14'h 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 and further provides that all functions not otherwise specifically
assigned to others under the Charter shall be performed under the supervision of the Miami -Dade County Mayor;
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.
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 $50_,000 of CDBG funds to the Activity SW 64 'h Street Cooridor
Improvements located at SW 64'" Street from SW 57" Avenue to SW 62ntl Avenue. All CDBG funds, except those awarded
to County Departments and Municipalities, will be awarded in the form of a loan that is forgivable if the national objective is
met pursuant to the terms and conditions set forth herein, including but not limited to Section W(2)(a)(I) -(2).
WHEREAS, the Awardee shall carry out the activities specified 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:
I. DEFINITIONS
DHCD Department of Housing and Community Development or its successor
Department.
24 CFR Part 570 — CDBG Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended - Community
Development 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
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%
Individual or Family of the 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 or A person or family whose annual income does not exceed 50%
Family of the 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 Agreement Any and all books, records, documents, information, data,
Records papers, letters, materials, electronic storage data and media
whether written, printed, electronic or electrical, however
collected, preserved, produced, developed, maintained,
completed, received or compiled by or at the direction of the
Awardee or any subcontractor in carrying out the duties and
obligations required by the terms of this contract, including but
not limited to financial books and records, ledgers, drawings,
maps, pamphlets, designs, electronic tapes, computer drives
and diskettes or surveys.
Federal Award Any federal funds received by the Awardee from any source
during the period of time in which the Awardee is performing the
obligations set forth in this contract.
Awardee Recipient of CDBG funds from Miami -Dade County.
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.
Subcontractor or Subconsultant Any individual or firm hired on a contractual basis by the
Awardee for the purpose of performing work or functions cited
on the Action Step Format (Attachment "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 specified in Attachment A, "Scope of Services;' which is
incorporated herein and attached hereto, in the County or the focus area(s) of the County.
B. Insurance Requirements
Upon DHCD's notification, the Awardee shall furnish to the Department's Community and
Economic Development Division (CEDD), 701 N.W. 1 Court, 14th floor, Miami, Florida 33136,
relevant certificate(s) of Insurance evidencing insurance coverage 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
GSA Risk Management Division 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. 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 DHCD 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 B -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 any kind or nature in the name of the County, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. The 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 nor shall anything herein be construed as
consent by the County 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. 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 DHCD or report on relevant information to DHCD as
described below or any provide any other documents in whatever form, manner, or frequency as
prescribed by DHCD. 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 DHCD 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.
a. Worker's Compensation Insurance for all employees of the Awardee as required by
Florida Statute 440.
b. Public Liability Insurance on a comprehensive basis in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and property
damage. Miami -Dade County /DHCD must be shown as an additional insured with
respect to this coverage. The mailing address of the Department of Housing and
Community Development, as the certificate holder, must appear on the certificate of
insurance.
c. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles
used in connection with the Services, in an amount not less than $300,000 combined
single limit per occurrence for bodily injury and property damage.
d. Professional Liability Insurance in an amount not less than $N /A with a deductible
per claim not to exceed ten percent (10 %) of the limit of liability.
2. Progress Reports
a. The Awardee shall submit a status report using the form attached hereto as
Attachment C, 'Progress Report," as it may be revised by DHCD, which shall
describe the progress made by the Awardee in achieving each of the objectives
and action steps identified in Attachment A and Attachment A -1.
The Awardee shall ensure that DHCD receives each report in triplicate (or as
indicated) no later than April 10, 2010, July 10, 2010, October 9, 2010, January
8, 2011, April 10, 2011, July 10, 2011 and October 9, 2011.
b. 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 selected 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.
The Awardee shall submit to DHCD a cumulative account of its activities under
this agreement by completing the following portions of the Progress Report
Form:
Section I - Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments and /or delays encountered
during the implementation of the project and an unduplicated count of clients
served during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and /or housing rehabilitation
projects shall report on the progress of their activities including the number of
housing units completed and occupied by low- moderate and low income
residents. The Awardee shall also report demographic information on each head
of household. Each goal and corresponding objective(s), as indicated in the
approved Scope of Services, must be addressed as part of this report.
Section II - Fiscal information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income Usage for each contracted activity.
Section III - Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report) - The Awardee shall report to DHCD the number of business activities
involving minority vendors, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report' Section in
Attachment C, and when applicable Section 3 in the same Attachment shall be
completed semiannually by the Awardee and submitted to DHCD no later than
April 10, 2010 and October 9, 2010 and April 10, 2011 and October 9, 2011.
Section IV - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) - The Awardee shall report to DHCD 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 DHCD no later than April 10, 2010 and October 9,
2010 and April 10, 2011 and October 9, 2011.
The Awardee shall submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation shall comply
with the format specified at the time of the request. Failure to submit the
Progress Reports or other information in a manner satisfactory to the County by
the due date shall render the Awardee in noncompliance with this Article. The
County may require the Awardee to forfeit its claim to payment requests or the
County may invoke the termination provision in this Agreement by giving five
days written notice of such action to be taken.
C. Unspecified Site(s) Objective - If the Awardee has not yet identified a location to
carry out any of the activities described in Attachment A, the Awardee shall
submit, in triplicate, Progress Reports, using the form attached hereto as part of
Attachment C, on a monthly basis until such time as the Awardee complies with
the provisions contained within Section II, Paragraph FA. of this Agreement.
Copies of the above described Progress Report shall be received by DHCD no
later than the tenth (10th) business day of each month and shall address the
progress undertaken by the Awardee during the previous month. This Progress
Report shall not be required if the Awardee is submitting the Progress Reports
required by Section II, Paragraph F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report) -The Awardee shall submit a cumulative
status report (hereinafter referred to as "Annual Report") using the "Progress Report"
specified in Section II, Paragraph 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 of
January 1, 2010 through December 31, 2010 and shall be received by DHCD no later
than January 6, 2011.
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."
5. Audit Report - The Awardee shall submit to DHCD an annual audit report in triplicate as
required by Section Il, 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 DHCD 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 II, Paragraph W of this Agreement.
8. Affirmative Action Plan - The Awardee shall report to DHCD information relative to the
equality of employment opportunities whenever so requested by DHCD.
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 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 DHCD for a period of three years.
10. Reporting on Financial Status, Bankruptcy, Real Property, 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 Us 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 any federal Agreement, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative Agreement, and the extension,
continuation, renewal, amendment, or modification of any federal Agreement, grant, loan,
or cooperative Agreement.
2. The Awardee shall disclose to DHCD 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.
1 The Awardee shall ensure that the language in this Section 11, 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
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.
Rules, Regulations and Licensing Requirements
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 DHCD's Contract Compliance Manual, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be
revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title 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 at 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.
3. 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.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
DHCD.
5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit
the required Disability Non - discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below including but not limited to, those provisions
pertaining to employment, provisions and program services, transportation,
communications, access to facilities, renovations, and new construction.
6. Affirmative Action /Non- Discrimination of Employment Promotion and Procurement
Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5
million, seeking to contract with Miami -Dade County shall, as a condition of award, have a
written Affirmative Action Plan and Procurement Policy on file with the County's
Department of Business Development. Said firms must also submit, as a part of their
proposals /bids to be filed with the Clerk of the Board, an appropriately completed and
signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make -up of the nation are exempt from this
requirement and must submit, in writing, a detailed listing of their Boards of Directors,
showing the race or ethnicity of each board member, to the County's Department of
Business Development. Firms claiming exemption must submit, as a part of their
proposals /bids to be filed with the Clerk of the Board, an appropriately completed and
signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall
be subject to periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women -owned
businesses.
It will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compliance with the Ordinance. Those firms
that do not exceed $5 million annual gross revenues must clearly state so in their
bid /proposal.
Any bidder /respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for award by the
Board of County Commissioners.
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.
8. Code of Business Ethics - In accordance with Section 2- 8.1(1) of the Code of Miami -Dade
County each person or entitiy that seeks to do business with Miami -Dade County shall
adopt a Code of Business Ethics ( "Code') and shall submit an affidavit stating that the
Awardee has adopted a Code that complies with the requirements of Section 2- 8.1(i) of
the Miami -Dade County Code (Form A -12). Section 2- 11.1(d) of Miami -Dade County
Code as 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.
9. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of real property to a public entity; may not be awarded or perform work as a
Awardee, supplier, subcontractor, or consultant under a contract with any public entity;
and, may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for Category TWO ($10,000) for a period of thirty -six (36)
months from the date of being placed on the convicted vendor list. The Awardee warrants
and represents that it has not been placed on the convicted vendor list The Awardee
agrees that should Miami -Dade County discover that the Awardee's representations
regarding the list are false, this 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
10. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any
individual who has been convicted of a felony during the past ten years and any
corporation, partnership, joint venture or other legal entity having an officer, director, or
executive who has been convicted of a felony during the past ten years shall disclose this
information prior to entering into a contract with or receiving funding from the County."
Failure of the Awardee to disclose this information as required may lead to the
termination of this agreement by Miami -Dade County.
If 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 purse ,,ani
to this resolution shall be voidable by the County:
1. Miami -Dade County Ownership Disclosure Affidavit
2. Miami -Dade Employment Family Leave Affidavit
3. Miami -Dade Employment Drug -Free Workplace Affidavit
4. Miami -Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
8. Related -Party Disclosure Information
9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fee: or
Taxes
10, Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other
Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavit
15. Financial and Conflicts of Interest Affidavit
16. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such a r. hrw
the County, such contract shall be voidable by the County, even if the attestnn f r :ccr
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 3E,
327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 r,�,
1, Employment; Title 11, Public Services; Title III, Public Acccm.moo*a
Services Operated by Private Entities; Title IV, Telecommurncati n ,; e,
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 -3531
In addition to the requirements in the Agreement, the Awardee / Department agrees
comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 5It;,
Subpart K, including the following:
Public Law 88 -352 and Public Law 90 -284; affirmatively furthering fair housing,
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.
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.
11. National Objective
Awardee must achieve the following national objective;
11;11
To benefit low -and moderate - income persons;
1. For activities designed to meet the national objective of benefit to low -and
moderate - income persons, the Awardee shall ensure and maintain
documentation, acceptable to DHCD in its sole discretion, that conclusively
demonstrates that each activity assisted in whole or in part with CDBG funds is
an activity which provides benefit to persons where no less than 51% of of those
benefitted are low -and moderate - income persons.
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 0).
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, DHCD's written
environmental clearance statement and shall agree in writing to comply with any
and all requirements as may be set forth in the Site Environmental Clearance
Statement.
5. The Awardee shall cooperate with DHCD in informing the appropriate CDBG
citizen participation structures, including the appropriate area committees, of the
activities of the Awardee in adhering to the provisions of this Agreement.
Representatives of the Awardee shall attend meetings of the appropriate
committees and citizen participation structures, upon the request of the citizen
participation officers, DHCD, or the County.
6. The Awardee shall make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with DHCD in
informing the appropriate CDBG citizen participation structures, including the
appropriate area committees, of the activities of the Awardee in adhering to the
provisions of this Agreement. Representatives of the Awardee shall attend
meetings of the appropriate committees and citizen participation structures,
upon the request of the citizen participation officers, DHCD, or the County.
7. 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
Outreach and Real Estate Section of DHCD prior to relocating, evacuating,
and /or dispersing any and all legal occupants who reside at this property on the
basis of a long or short term lease. When the legality of an occupant (individual,
family, business, and /or industry) is in question, the Awardee shall contact the
above mentioned unit prior to making a determination. Awardees receiving
CDBG funds shall adhere to 24 CFR part 50 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
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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
DHCD 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 his compliance with the national objective, and DHCD
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), DHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shalt 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 DHCD 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 DHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
5. Submit to DHCD all construction plans and specifications and receive DHCD's approval
prior to implementation.
6. Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre- construction conference. In accordance with industry standards, DHCD will hold ten
percent (10 %) of the total grant award as a retainer until the construction work is
determined by DHCD, in its sole discretion, to be seventy -five percent (75 %)
completed, At the time that the construction work is determined by DHCD 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.
The County shall have the right to assign the Professional Services and Technical
Assistance (PSTA) Unit of the Department of Housing and Community Development to
assist the project if the County's staff determines that the Awardee has been unable to
consistently achieve the work and units described within the time frames of the action
step format of this agreement. Such involvement will result in a reduction of a maximum
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of 5% of the Agreement's award to cover the cost of the technical assistance. The
Awardee shall cooperate and comply with all requests made by the PSTA.
8. 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
I. 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 Report); or (4) an opinion on an assertion made by
management in accordance with the Statements on Standards for Attestation
Engagements (Attestation Report).
3. When the requirements of OMB A -133 apply, 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 DHCD no later than six months following
the end of the Awardee's fiscal year.
4. 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 DHCD-
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 DHCD no later than six months
following each audit period.
5. The Awardee shall maintain all Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this Agreement.
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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 DHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this Agreement and defined by DHCD, each of the record -
keeping and audit requirements detailed in this Agreement. DHCD shall, in its sole
discretion, determine when services are eligible substantive programmatic services and
subject to the audit and record - keeping requirements described above.
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 three years following expiration of the Agreement. The
Awardee agrees to provide such assistance as may be necessary to facilitate the review
or audit by the County to ensure compliance with applicable accounting and financial
standards.
10. The Awardee shall ensure that its auditors share their audit results with must submit the
audit report to DHCD 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.
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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 five (5) years
(hereinafter referred to as "Retention Period ") subject to the limitations set forth below:
a. For all non -CDBG assisted activities, the Retention Period shall begin upon the
expiration or termination of this Agreement.
b. For CDBG assisted public service activities, the Retention Period shall begin
upon the date of U.S. HUD's acceptance of DHCD's annual Grantee
Performance Report for the year in which the activity is reported as completed.
For each public service activity, the Awardee must retain all Agreement records
except those relating to real and nonexpendable personal property.
C. For all other CDBG assisted activities, the Retention Period shall begin upon
U.S. HUD's acceptance of DHCD's annual Grantee Performance Report in which
each assisted activity is reported on for the final time. For all the CDBG assisted
activities covered by this Section II, Paragraph L.1.c., the Awardee must retain
all Agreement records except those relating to real and nonexpendable personal
property.
d. For all CDBG assisted activities, the Retention Period for all Agreement records
relating to real and nonexpendable personal property shall begin upon the date
of the final disposition of the property.
2. If the County or the Awardee have received or given notice of any kind indicating any
threatened or pending litigation, claim or audit arising out of the services provided
pursuant to the terms of this 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 DHCD, fully, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County full access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify DHCD 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 DHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
0. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to DHCD, upon request, all Agreement records. These
records shall become the property of DHCD without restriction, reservation, or limitation
of their use. DHCD shall have unlimited rights to all books, articles, or other
copyrightable materials developed for the purpose of this Agreement. These unlimited
rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, the information for
public purposes.
2. If the Awardee receives funds from, or is 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 DHCD 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
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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, 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
16
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 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 (1/4) 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; (1)
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; Q) professional service agreements under $1,000; (k) management agreements; (I)
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
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.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG
retained by the Inspector General, the Awardee shall make all requested records and documents
available to the Inspector General or IPSIG for inspection and copying. The Inspector General and
IPSIG shall have the right to inspect and copy all documents and records in the 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.
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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,
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 DHCD 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 DHCD at least thirty (30) days prior to the start date of
the agreement. DHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
DHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions 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 II, 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 II, Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section 11, 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 DHCD and other persons duly authorized by DHCD to inspect all
Agreement records, facilities, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, and /or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, DHCD will deliver to the Awardee a report of its findings, and the Awardee
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will rectify all deficiencies cited by DHCD within the specified period of time set forth in the report,
or provide DHCD with a reasonable justification for not correcting the deficiencies. DHCD will
determine, in its sole and absolute discretion, whether or not the Awardee's justification is
acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by DHCD
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
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
DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to DHCD, 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.
Y 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 DHCD 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 any of the aforesaid:
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
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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
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
go
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 CEDD Project Manager at the Department,
must be notified in order to request the project sign from Miami -Dade County General Services
Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD 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 DHCD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that 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:
1. 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.
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
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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).
8. Fair Subcontracting Policies (Ordinance 97 -35)
All Awardees on County contracts in which subcontractors may be used shall be subject
to and comply with Ordinance 97 -35 as amended, requiring Awardees to provide a
detailed statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be
awarded a subcontract;
b) invites local subcontractors to submit bids /proposals in a practical, expedient way;
c) provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid /proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a
statement of their subcontracting policies and procedures (see Attachment G). The County will not
execute this Agreement with Awardees who fail to provide a statement of the Subcontractors
Policies and Procedures.
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.
b. Personal Property: Personal property of any kind except real property.
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1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights.
C. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of
a structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The 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 DHCD in whole or in part with CDBG funds received from DHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five
(5) years after the expiration or termination of this Agreement, or for
such longer period of time as determined by DHCD in its sole and
absolute discretion; or
2) Not used to meet one of the three (3) CDBG National Objectives. In the
event the property is not used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement
or such longer period as determined by DHCD, the Awardee shall, in
the sole discretion of DHCD, either pay to DHCD an amount equal to
the market value of the property as may be determined by DHCD in its
sole and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non -CDBG funds for acquisition of, or
improvement to, the property or transfer the property to DHCD at no
cost to DHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
b. Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from DHCD for $25,000 or less shall be
disposed of, at the expiration or termination of this Agreement, in accordance
with instructions from DHCD.
C. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with DHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from DHCD, shall be listed in the
property records of the Awardee and shall include a legal description; size; date
of acquisition; value at time of acquisition; present market value; present
condition; address or location; owner's name if different from the Awardee;
information on the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent streets and
roads. The property records shall describe the programmatic purpose for which
the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic
purpose for which the improvements were made and identify the CDBG national
objective that will be met.
d. For awards involving the purchase or improvement of real property, the Awardee
agrees to execute a mortgage, loan document, or restrictive covenant for the
CDBG award with DHCD within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of the CDBG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to DHCD. This report shall include the elements listed
in Paragraph W.2.c., above.
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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.
3. 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.
4. The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with DHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number; date of acquisition;
funding source; unit cost at the time of acquisition; present market value;
property inventory number; information on its condition; and information on
transfer, replacement, or disposition of the property.
b. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with DHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to DHCD.
The inventory report shall include the elements listed in Paragraph 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 DHCD.
5. The Awardee shall obtain prior written approval from DHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property
purchased or improved in whole or in part with funds given to the Awardee or
subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all
such property in accordance with instructions from DHCD. Those instructions may require
the return of all such property to DHCD.
K Program Income
1. 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.
24
Y
rA
a. The Awardee shall comply with the Program Income provisions in DHCD's
Contract Compliance Manual. If any Program Income provisions of the Contract
Compliance Manual conflict with any Program Income provisions of this
Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to DHCD 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 DHCD. This information along with a check
C. If the Awardee requests to use Program Income, the Awardee shall provide to
DHCD a written explanation of the activities to be assisted with Program Income
and shall obtain DHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Subject to the limitations set forth in this Agreement, the Awardee may use
Program Income to fund any CDBG eligible activity as provided for and defined
by 24 CFR Part 570 et.seq.
e. Program Income from a revolving loan activity must be used only for the same
revolving loan activity.
f. 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. All Program Income from nonrevolving loan activities shall be substantially
disbursed to carry out other DHCD 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 11, Paragraph
W.4., above, shall be considered Program Income.
L The Awardee shall obtain, as part of the required audit report, validation by a
certified auditor of all program generated income and its disposition.
3. Upon expiration or termination of this 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. DHCD may require
remittance of all or part of any Program Income balances (including investments thereof)
held by the Awardee (except those needed for immediate cash needs, cash balances of
revolving loan fund, cash balances from a Jump sum drawdown, or cash or investments
held for Section 108 security needs).
4. DHCD, in its sole and absolute discretion, reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses
shall conform to the requirements of DHCD's Contract Compliance Manual.
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
25
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:ilwww.epis.gov/ Awardee
shall provide to DHCD 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 /sbalreports- debarment.asp to determine if a
person or entity is on Miami -Dade County's debarred contractor's list. Awardee
shall provide DHCD 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 DHCD's Contract Compliance Manual.
C. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. 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 DHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible substantive programmatic service, as may be defined by
DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine
when services are eligible substantive programmatic services and subject to the
audit and record - keeping requirements described above, and;
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 DHCD. 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 DHCD 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 DHCD, which approval shall not be unreasonably withheld, and that all such
sub - contractors or assignees shall be governed by the terms and intent of this
Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying"
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.
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.
26
2. The Awardee shall incorporate in all consultant subcontracts this additional provision
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this subcontract.
1 The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services.
4. The Awardee shall receive from DHCD written prior approval for any subcontract
engaging any party who agrees to carry out any substantive programmatic activities as
may be determined by DHCD as described in this Agreement. DHCD's approval shall be
obtained prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from DHCD 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 DHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by DHCD in excess of the total
dollar amount agreed upon 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 DHCD (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 DHCD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Additional Funding
The Awardee shall notify DHCD of any additional funding received for any activity described in this
Agreement. Such notification shall be in writing and received by DHCD 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 DHCD adequate proof, as determined
by DHCD in its sole discretion, that the Awardee has incurred the expenditures. It shall be
presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to DHCD canceled checks or original invoices approved by the
Awardee's authorized representative. When original documents cannot be presented, the
Awardee must adequately justify their absence in writing and furnish copies of those
documents to DHCD. The Awardee 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 DHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to DHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to DHCD, along with all original invoices, copies of front and
back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from
alll subcontractorsand 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.
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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 DHCD of all reports and documents which the Awardee is required to
submit to DHCD pursuant to the terms of this Agreement or any amendments thereto.
6. 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 DHCD and the County's Risk
Management Division. DHCD must receive the final request for payment from the
Awardee no more than thirty (30) calendar days after the expiration or termination of this
Agreement. If the Awardee fails to comply with this requirement, the Awardee will forfeit
all rights to payment(s) if DHCD, 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 DHCD in accordance with DHCD's
Contract Compliance Manual.
8. Any unexpended funds remaining after the completion of the services under this
Agreement, or after termination of this Agreement, shall 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 DHCD, 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 DHCD of the
CDBG Loan. The Awardee shall at the request of the County execute any and all documents,
including but not limited to, mortgages securing the property, 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
28
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 $5_0 000.
IV. THE AWARDEE AND DHCD AGREE:
A. Effective Date
1. This Agreement shall begin on January 1, 2010. Any costs incurred by the Awardee prior
to this date will not be reimbursed by the County.
2. This Agreement shall expire on September 30, 2011. 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 DHCD,
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
1. The Awardee shall be in default or breach of this Agreement if any of the
following acts, omissions or conditions occur:
a. 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
(Attachment A) within the effective term of this Agreement.
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 requited
herein.
C. Filing of a Its 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
29
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.
Failure to comply strictly with Section W(2)(a)(1) -(2) of this Agreement.
C. Suspension
The County may suspend payment in whole or in part under this Contract by providing
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 DHCD,
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.
2. In the event of a default by the Awardee, DHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all of the activities funded by this Agreement.
3. DHCD will notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include
the reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
Termination at Will
This Agreement, in whole or in part, may be terminated by DHCD upon no less than ten
(10) working days notice when DHCD determines that it would be in the best interest of
DHCD and the County. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. 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
30
2.
43
4.
a
J
Q
Awardee shall be responsible for all direct and indirect costs associated with such
termination, including attorney's fees.
Termination for Convenience
DHCD 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.
DHCD, 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, DHCD 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. DHCD shall be the final authority to determine whether or not funds are
available. DHCD may at its discretion terminate, renegotiate and /or adjust the Agreement
award whichever is in the best interest of the County.
Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee may, at its discretion, request in
writing from the Director of DHCD a release from its contractual obligations to the County.
The Director of DHCD will review the effect of the request on the community and the
County prior to making a final determination.
Termination for Default or Breach
DHCD may terminate this Agreement upon no less than twenty -four (24) hours written
notification to the Awardee for breach or default.
Termination for Failure to Make Sufficient Progress.
DHCD may terminate this Agreement, in whole or in part, when DHCD 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, DHCD may treat such failure to comply as a
repudiation of this Agreement;
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.
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
31
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 through fraud, misrepresentation or material misstatement, shall have its
Agreement with 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. lost revenues;
b, 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
c. such other direct damages.
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. The Awardee shall be
responsible for all direct and indirect costs associated with such action, including attorney's fees.
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.
DHCD shall be the sole judge of "reasonable, allowable costs." All compensation pursuant to this
Article is subject to an audit.
32
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. The parties agree to renegotiate
this Agreement if DHCD 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. DHCD
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.
2. The County shall have the right to exercise an option to extend this Agreement for up to
one year beyond the current Agreement period and will notify the Awardee(s) in writing of
the extension: This Agreement may be extended beyond the initial year extension period
upon mutual agreement between the County and the Awardee(s), upon approval by the
Director of the Department of Housing and Community Development,
3. DHCD may, for good and sufficient cause, as determined by DHCD in its sole and
absolute discretion, waive provisions in this Agreement or seek to obtain such waiver
from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any
waiver shall not be construed to be a modification of this Agreement.
4. DHCD's failure to exercise any of its rights under this Agreement, or DHCD's waiver of a
provision on any one occasion, shall not constitute a waiver of such rights or provision on
any other occasion. No failure or delay by DHCD in the exercise of any right shall operate
as a waiver.
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 DHCD's Contract Compliance Manual. These revisions shall not require a Agreement
amendment unless the amount of this Agreement is changed or unless otherwise
required by DHCD. All budget revisions shall require the written approval of DHCD.
DHCD shall have no obligation to approve payment of expenditures incurred prior to the
approval of the budget revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by DHCD no later than 5 working days of
the action; written notification will constitute a 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, DHCD will revise the budget at its discretion. DHCD in
its sole and absolute discretion will determine whether substantial reductions will
necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions
to the Scope of 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 shall not require a Agreement
amendment.
H. Compliance
This Agreement may, at the sole and absolute discretion of the County and DHCD, 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 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.
33
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreern:-
shall only be valid when they have been reduced to writing, duly approved and signed bv txxh
parties and attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall Ivc }et -cr
constitute an original of this Agreement.
Disputes
In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the
questions, including the views of all interested parties and the recommendation of DHCD. YU thcr
County Manager for determination. The County Manager, or an authorized representative,
issue a determination within thirty (30) calendar days of receipt and so advise DHCi) and itm
Awardee, or in the event additional time is necessary, DHCD will notify the Awardee vJ1N1 i t:'(,
thirty (30) day period that additional time is necessary. The Awardee agrees that th(> C',Io v
Manager's determination shall be final and binding on all parties.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience -miy
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 tt ` ; .ir c'
the County Manager for bidding and award in accordance with County policies and )rocr.c;ci .
L. Proceedings
This Agreement shall be construed in accordance with the laws of the State of
proceedings arising between the parties, in any manner pertaining or relating tr ho
shall, to the extent permitted by law, be held in Miami -Dade County, Florida.
M. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or cr
addressed as follows:
34
TO AWARDEE: City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Buford R. Witt, Acting City Manager
COPY TO: City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Carol Aubrun, Gants Writer & Administrator
TO COUNTY: Miami -Dade County
111 N. W. 1st Street
Miami, Florida 33128
Attn: County Manager
COPY TO: Department of Housing and Community Development
701 NW 1s` Court, 14m Floor
Miami, FL 33136
Attn: Shalley Jones Horn, Director
COPY TO: Department of Housing and Community Development
701 NW 18r Court, 10 Floor
Miami, FL 33136
Attn: Letitia S. Goodson, Project Manager
COPY TO: Assistant County Attorney
County Attorney's Office
111 N. W. 1 st 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.
Waiver of Trial
Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations,
services and representations herein, nor any assignee, successor, heir or personal representative
of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any
lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this
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.
35
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 any of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this
agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
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.
S. All Terms and Conditions
This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment
Al — Action Steps; Attachment B - Budget; Attachment B -1 Idemnification and Insurance
Requirements; Attachment B -2 — CDBG Program Requirements; Attachment C - Progress Report
and Set -Up Forms; Attachment D - Information for Environmental Review; Attachment E —
Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage;
Attachment G — Fair Subcontracting Policies; Attachment 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) determines 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.
Any Awardee granted additional funding for a Project, shall be bound by the terms and conditions
of the subsequent funding award.
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.
36
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.
37
IN WITNESS THEREOF, the parties hereto have caused this Thirty -Eight (38) page contract to be executed by their
undersigned officials as duly authorized, this day of 2010.
AWARDEE:
City of South Miami
BY:
NAME: Hector Mirabile
TITLE: City Manager
DATE:
BY:
NAME
TITLE:
DATE
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal ID Number:
Resolution* R- 489 -10
69- 6000431
Awardee's Fiscal Year Ending Date: September 30'h
CORPORATE SEAL:
MIAMI -DADE COUNTY
BY:
NAME:
Carlos Alvarez
TITLE: Mayor
ATTEST
BY:
TITLE: Clerk, Board of County Commissioners
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
38
COMMENTS
➢ PROJECT MANAGER: Letitia S. Goodson PLANNER:
ATTACHMENT A
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT M®AM1 -CD E
City of South Miami
FY 2010 Scope of Services
January 1, 2010 — September 30, 2011
1.
- ACTIVITY TITLE:
SW 64'h Street Corridor Improvements — Phase I
IDIS #:
INDEX CODE:
CD536C16CI
RESOLUTION #:
R- 489 -10
DUNS #:
024628976
ACTIVITY #
20043031
2.
- ACTIVITY DESCRIPTION:
Street Improvements and reconstruction along SW 64`h Street from SW 57'„
Avenue (Red Road) to SW 62 "s venue to include brick pavers, 4 -way stop
sign with traffic roadway improvements along this corridor. Will benefit 952
people from the area.
2a— Activity Category:
Capital Improvement
2b. — Objective:
Create Suitable Living Environment
2e. — Outcome:
Sustainability
3.
- APPROVED BY BCC:
Amount: $50,000 Source: CDBG FY: 2010
Other Funding Source and Amount:
South Miami CRA $10,000
4.
- TOTAL PROJECT COST:
$60,000
5.
- HUD INFORMATION:
5a. — HUD matrix code:
03K
5b. —HUD Activity Type:
Street Improvements _
5c.—Eligibility
570.201 (c)
6.
- ACCOMPLISHMENTS:
6a. — Number of Units:
952
6b. — Type:
People
7.
- NATIONAL OBJECTIVE:
Total # of Low/Mod in Service Area: 570.208(a)(1) LMA
Census Tract:
76.03
Block Group:
3
8.
- ACTIVITYADDRESS:
SW 64"i Street from SW 57'" Avenue to SW 62 "" Avenue
9.
- LOCATION:
South Miami, Florida 33143
NRSA:
South Miami
District:
07
10.
-LABOR STANDARD applicable
Type of Work:
❑ Building
❑ Residential ❑ Highway ❑ Heavy
COMMENTS
➢ PROJECT MANAGER: Letitia S. Goodson PLANNER:
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Attachment B
SOURCES OF OTHER
FUNDING TOTAL AMOUNT
South Miami CRA $10,000
CITY OF SOUTH MIAMI
SW 64th Street Corridor Improvements
- Phase 1
CDBG
FY2010
SUMMARY BUDGET
January 1, 2010 thru September 30, 2011
PRIOR YEAR FY 2010
NON -DHCD
CATEGORIES
FUNDING FUNDING
FUNDING
TOTAL
1. Personnel
$0 $1,722
$0
$1,722
II.Contractual Services
$0 $5,000
$0
$5,000
III.Operating Services
$0 $0
$0
$0
IV. Capital Outlay
$0 $43,278
$10,000
$53,278
TOTAL BUDGET
$0 $50,000
$50,000
$60,000
SOURCES OF OTHER
FUNDING TOTAL AMOUNT
South Miami CRA $10,000
CITY OF SOUTH MIAMI
CDBG FY 2010
SW 64th Street Corridor Improvements - Phase I
DETAIL BUDGET
January 1, 2010 thru September 30, 2011
4010 Fringe Benefits
PP
Non-HCD
DHCD
Total HDCD
Total All Sources
4010 PERSONNEL- Employee
$
21012 Environmental Audit
$ -
$ -
Regular- Salaries
. ......
Sub-Total Fringe
$
$ 122
Public Works Director
$ 122
$ -
$ 800
$ 800
$ -
Chief Accountant
$
$ -
$ -
$ -
$ 1.722
Grants Administrator
Sub-Total Salaries
$
$ -
$
$ 800
$ 1,600
$ 800
$ 1,600
$ 800
$
4010 Fringe Benefits
--1 ------
FICA (salaryX7.65%)
$
$ 122
$ 122
$
21012 Environmental Audit
$ -
$ -
-
. ......
Sub-Total Fringe
$
$ 122
$ 122
$ 122
21030 Other Professional Svc
$ -
$ -
$ -
$
Total Personnel
$
$ 1.722
$ 1,722
$
Contractual Services
--1 ------
21011 External Audit
$ -
$
$
$
21012 Environmental Audit
$ -
$ -
-
. ......
21030 Other Professional- Svc Const Mgmt
$ -
$ 5,000
$ 5,000
$
21030 Other Professional Svc
$ -
$ -
$ -
$
22350 Bottled Water
$ -
$
$ -
$
25330 Rent Copier
$ -
$
$ -
25511 Building Rental
$
$
$ -
Total Contractual
$
$ 5,000
$ 5,000
$
Operating Expenses
--1 ------
31011 Telephone Regular
$
$
$
$
31011 Telephone Long Distance
$
$
$
$
31610 Postage
$
$
$
$
31420 Advertising Radio
$
$
$
$
Total Operating Expenses
$
$
$
$
Commodities
31510 Outside Printing
$ -
-
1 $
$
95020 Computer Purchase
$ 10,00
�js
$ 43,278
43.278
E$ #
— $ i ------
47010 Office Supplies/ Outside Vendors
$ -
$ -
$ -
$__..__
Total Commodities—
$
Capital Outlay
Construction
$ -
-
1 $
$
61625 Infrastructure Improvements
$ 10,00
�js
$ 43,278
43.278
E$ #
Total Capital Outlay
1 $ 10,000
1 $ 43,27L
43 27 8
278
$
$
TOTAL BUDGET $ 10,000 $ 50,066 50,000 $ -.__
SOURCES OF OTHER FUNDING TOTAL AMOUNT
South Miami CRA $65,000
17
Contractor 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 this Agreement by the Contractor or its employees, agents, servants, partners
principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall
investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. Contractor expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as
herein as herein provided.
The Contractor shall furnish to the Miami -Dade County, c/o the Department of Housing and Community
Development, 701 NW 1sr Court 14`r' Floor Miami FL 33136, Certificates) of Insurance which indicate
that insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida
Statute 440.
B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000
combined single limit per occurrence for bodily injury and property damage. Miami =Dade
County must be shown as an additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with the work, in an amount not less than $500,000 combined single limit per
occurrence for bodily injury and property damage.
D. Completed Valued Builder's Risk Insurance on an "All Risk" basis in an amount not less than
one hundred (100 %) percent of the insurable value of the building(s) or structure(s). They policy
shall be in the name of Miami -Dade and the Contractor.
E. Professional Liability Insurance in the name of design professional for this project, in an amount
not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit.
All insurance policies required above shall be issued by companies authorized to do business under the laws
of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength by the latest edition of Bests 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 Insurance and are members of
the Florida Guaranty Fund.
Certificates of will indicate that no modification or change in insurance shall be made without thirty (30)
days in advance notice to the certificate bolder.
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
For Awardees undertaking rental housing, the Awardee agrees with respect to the
Development for the period beginning on the date of recordation of the Mortgage and
Security Agreement securing the DHCD 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 DHCD the
number of set -aside housing units completed and occupied, including demographic
information on each head of household.
1
3
AWARDEE OBLIGATIONS AND DUTIES
1. The Awardee shalt begin construction no later than twelve (12) months after
execution of the 2010 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 DHCD, 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 DHCD at least sixty (60)
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 DHCD 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 DHCD 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.
5. The Awardee shall forward to DHCD 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 marketing efforts
including advertising Multiple Listings Service (MLS) through a licensed real
estate professional.
6. The Awardee shall provide DHCD 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 DHCD 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 DHCD the
General Contractor's Payment & Performance Bond (P &PB). At DHCD's discretion,
based on the Awardee's organizational capacity, track record, and experience, an
irrevocable Stand -by Letter 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
bank operating in Florida in the amount of ten percent (10 %d) 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 DHCD at least
sixty (60) days prior to the commencement of construction.
10. The Awardee shall provide DHCD 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 DHCD 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 DHCD the
relevant Certificates of Insurance evidencing the prescribed insurance coverage in
accordance with ATTACHMENT B -1 of this contract.
C. DHCD OBLIGATIONS AND DUTIES
DHCD shall manage its own disbursements and act as the disbursement agent for
all construction loan funding draws.
2. DHCD 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. DHCD shall forward to the County's Risk Management all required and applicable
Certificate(s) of Insurance.
4. DHCD 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 DHCD.
5. DHCD shall notify the Awardee of any addressllocation changes to DHCD's contact
information within forty-five (45) days of its occurrence.
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 (LM!). For activities designed to meet the LMI national
objective, the Awardee shall ensure and maintain documentation, acceptable to DHCD 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 benefitted 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:
Miami -Dade County: HUD 2009- — 50% and 80% of AM] Income Thresholds by Household Size
(NOTE: Income Limits subject to change annually.)
23,600 26,950 30,350 33,700 36,400 39,100 41,800 44,500
43,150 48,600 55,950 58,250 62,600 66,900 71,200
Source: http://www.huduserorg /publications /commdevl/nsp.htm!
The Awardee may achieve the LMI national obiective by undertaking activities that
fall under one of four (4) primary LMI cageaories:
1.
2.
To benefit Low Mod Area (LMA)
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 DHCD 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% 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 limits that would have applied at the time the income
information was collected 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 Mr,<s a,ce
Limited Clientele (LMC), the Awardee shall ensure and maintain documentation.
acceptable to DHCD 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
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:
1. 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
IL He /she lives in an area that is part of a Federally - designated Empowerment
Zone (EZ) or Enterprise Community (EC); or
III. He /she resides in a Census Tract/block 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.
b. For rental housing, occupancy by LMl 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
DHCD.
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).
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 DHCD 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.
W71
r:
❑ 1et Quarter [Jan -Mar]
Recipient Name (Organization):
Contact Person (Name & Title):
Activity Name (Project Title):
Activity Address:
Activity Description:
Activity ID #P
Index Code:
ATTACHMENT C QUARTERLY EXPENDITURE AND
PROGRESS REPORT • FY 2010
❑ 2nd Quarter [Apr -Jun] ❑ 3rd Quarter [Jut -Septj ❑ 4th Quarter [Oct -Dec] /Annual Report
Funding Source:
Telephone Number:
Funded Amount:
Activity Category: ❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service
Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities
Outcome: ❑ Availability /Accessibility ❑ Affordability ❑ Sustainability
h x 'tr^7 P Y i "S 4 S s n 1 R'y7 l P.Fiss! ,,. fl } v
�. 5: �.
A - B C D E- IF G H
Program Income i The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from DHCD.
1. Does this activity generate Program Income? ❑ Yes ❑ No 2. If yes, indicate the amount generated this quarter. $
3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A
If yes, @ attach copy of approval lefter and related documents. If no, a wfitten request for approval to use the Program Income must be submitted to DHCD -or -a check payable to Miami -
Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract. • Check Attached? ❑ Yes ❑ No ❑ N/A
1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A= Exempt ❑ C= Completed ❑ D= Underway
3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No
Se if lU ether SUp�3rt ?EffF ��cpa,9e k�es ptio gs}n�g �tlGi tieaaao Ki] tipP° 9e,d @that ale h "eguni'P�HIly7 lem dgr��Pla el is pe iod
Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (LR12 -15 -05)12 -2N9R
APPROVED
TOTAL
ACTUAL
EXPENDITURES
REIMBURSED
CUMULATIVE
PROJECTED
PROJECTED
CUMULATIVE
CATEGORY
BUDGET
EXPENDED
CUMULAT
CUMULATIVE
PERCENTAGE
EXPENDITURES
EXPENDITURE
(hisQuaner I
(Through end of This quarter]
[Through end or this quarter]
(8 &nl
(Nexl Duatler)
lay end of Contract Period)
Personnel --
$ - ---- .- - - --
$
$
$ - --
%
$
- --
$
Contractual
$ - -- - - --
$
$
$ - - - - - --
%
$ - --
$
Operating Costs
$ - - - -_ --
$
$
$ - - --
%
$ --
$ --
Commodities
$
$
$
$
%
$
$
Capital Outlay
$
$
$
$
%
$
$
TOTAL
$ -- ::A
$
$ - --
$
--- - - - - -%
$
$ - - -- --
Program Income i The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from DHCD.
1. Does this activity generate Program Income? ❑ Yes ❑ No 2. If yes, indicate the amount generated this quarter. $
3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A
If yes, @ attach copy of approval lefter and related documents. If no, a wfitten request for approval to use the Program Income must be submitted to DHCD -or -a check payable to Miami -
Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract. • Check Attached? ❑ Yes ❑ No ❑ N/A
1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A= Exempt ❑ C= Completed ❑ D= Underway
3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No
Se if lU ether SUp�3rt ?EffF ��cpa,9e k�es ptio gs}n�g �tlGi tieaaao Ki] tipP° 9e,d @that ale h "eguni'P�HIly7 lem dgr��Pla el is pe iod
Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (LR12 -15 -05)12 -2N9R
OUNTY
QUARTERLY EXPENDITURE AND
PROGRESS REPORT • FY 2010
''$ eGtfOhky,l��'f E„ L' ca�aA551s. ��C (?`�1,If��auggrgagizaGonrhasE� need.or an6>�ipatea neetl�or techgg ral'�s5istahysp}unnglpis pepp�rRlease, d @�c(jpe'the natyreat�e asSlsinhce tequtr2� � „ „
Accomplishment Type: ❑ People toil ❑ Households 1041 ❑ Businesses tool ❑ Organizations [ogl ❑ Housing Units [to)
❑ Public Facilities till ❑ Jobs [131
National Objective: ❑ Area Wide Benefit [eg. LMA, LMAFI, LMASA, SBA) -or- ❑ Direct Benefit [e.g. LMC, LMH, LMJj
K S'Fsq1 M1if �G4 j 'y i y th J
A�i�tee,S ,F Neal :%1 yfN�PQiJSY
i 9p V .e �r
Yr �1.uslessesk c:.�3,5 i
Y"
17w& ,t'r�
i ✓ d )Y�H`4 bati�if
Jobs Created �J
Jobs Retained
FT Jobs Low 1 Mod Jobs 1 Low t '- Mod
Total
FT Jobs I Low /Mod PT Jobs
1
Low t Mod I Total
,PT
Goai
-I
_
Actuated
Actual This Quarter* IL
Actual Cumulative,,
Supplemental Form (9 Required` Performance & Benefit Data: Economic Development— Attached Y / N : J
PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials
NOTE: Submittal of Supplemental Form — Performance & Benefit Data is not required at this time based on the certification that no accomplishments occurred during this quarter.
CERTIFICATION
This is to cer ify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have
been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by:
Print Name
Signature of Certifying Official:
Title:
Title:
Date:
Date:
Activity IDIS Number:
Report ❑ is 1 ❑ is not complete • Report ❑ is ( ❑ is not accurate • Initial review for completeness and accuracy completed by:
Name: Date: Name: Date:
contracts officer Team Leader / Supervisor
Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure & Progress Report (LR12- 15-08)12- 23 -09R
e � !
Recipient Name:
Activity Name:
Activity ID #: _
HUD Activity Matrix Code:
HUD Matrix Code Description:
❑ Acquisition / Disposition
❑ Clearance / Demolition
❑ Street Improvements
Performance & Benefit Data: Capital Improvement & Public Facilities
Supplement to Quarterly Expenditure and Progress Report ■ FY 2010
Activity Category:
Accomplishment Type:
EASURES, .,.r , < ," , r < 3:tv „` ACGOMR [.�NT:tJNITS;COMR,.LE7Ep,
■ El Parcels of
❑ Structures • ❑ Parcels
Persons Served + Low & Moderate Income
❑ Public Facility / Type: Persons Served * Low & Moderate Income
❑ Building / Type: Facilities • Persons Served * Low /Mod Income
❑ Other Capital Improvement /Type: (ndlcare Wowl
1. Total benefiting for program year:
3. Of those assisted, enter the number that:
Persons Served • Low & Moderate Income
LMC, LMH, SBA, San, SBS or URG
2. Counts by Households (H) -or- Persons (P):
a) Now have new access to this service or benefit
b) Now have improved access to this service or benefit
c) Now receive a service or benefit that is no longer substandard
Total
d) Now have new access to this type of public facility or infrastructure improvement
e) Now have improved access to this type of public facility or infrastructure improvement
f ) That are served by a public facility or infrastructure that is no longer substandard
Total
g) Homeless persons given overnight shelter
h) Number of beds created in overnight shelter or other emergency housing
# of Parcels
# of Facilities
# of Persons Served
# of Low /Mod Income
RACE I ETHNIC CATEGORY
Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total. From the total
number depicted in each Racial Category, indicate the numbers that are or Hispanic Ethnicity for this reporting period and the cumulative total.
RACIAL CATEGORIES
r$,>. rcs:"> 7[t t= P, 4, ft7¢ �fOD 'f,0`tIAL�SN2ro'S?'�,' "r
1$t Quarter Jan -Mar
❑
2nd Quarter [Apr-Jun]
❑
3rd Q Jai -Set
❑
40 Quarter [Oct-Dec] Annual Re ort
❑
EASURES, .,.r , < ," , r < 3:tv „` ACGOMR [.�NT:tJNITS;COMR,.LE7Ep,
■ El Parcels of
❑ Structures • ❑ Parcels
Persons Served + Low & Moderate Income
❑ Public Facility / Type: Persons Served * Low & Moderate Income
❑ Building / Type: Facilities • Persons Served * Low /Mod Income
❑ Other Capital Improvement /Type: (ndlcare Wowl
1. Total benefiting for program year:
3. Of those assisted, enter the number that:
Persons Served • Low & Moderate Income
LMC, LMH, SBA, San, SBS or URG
2. Counts by Households (H) -or- Persons (P):
a) Now have new access to this service or benefit
b) Now have improved access to this service or benefit
c) Now receive a service or benefit that is no longer substandard
Total
d) Now have new access to this type of public facility or infrastructure improvement
e) Now have improved access to this type of public facility or infrastructure improvement
f ) That are served by a public facility or infrastructure that is no longer substandard
Total
g) Homeless persons given overnight shelter
h) Number of beds created in overnight shelter or other emergency housing
# of Parcels
# of Facilities
# of Persons Served
# of Low /Mod Income
RACE I ETHNIC CATEGORY
Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total. From the total
number depicted in each Racial Category, indicate the numbers that are or Hispanic Ethnicity for this reporting period and the cumulative total.
RACIAL CATEGORIES
r$,>. rcs:"> 7[t t= P, 4, ft7¢ �fOD 'f,0`tIAL�SN2ro'S?'�,' "r
Racial Categories
Ethnic Category
Racial Cate ones
Ethnic Category
Total Number
Number Hispanic
Total Number
Number Hispanic
White [111
Black /African American If 21
Asian [131
American Indian / Alaskan Native [14]
Native Hawaiian / Other Pacific Islander [15]
American Indian /Alaskan Native & White [16]
Asian & White [17]
Black / African American & White 1181
American Indian or Alaskan Native & Black /African [191
Other Multi Racial [20]
Totals
Performance & Benefit Data: Capital Improvement & Public Facilities [LR 12 -10 -08] 12 -23 -09 R Page i of 2 Supplement to Quarterly Expenditure & Progress Report
W ® A
OUNTY 71
Performance & Benefit Data: Capital Improvement & Public Facilities
Supplement to Quarterly Expenditure and Progress Report ■ FY 2010
13R B N1 1T,
�INP012nIATtQN.IGO
DIRECT BENEFIT BY INCOME CATEGORY
OTHER DIRECT BENEFIT INFORMATION
Income Categories
= REPORT PERIOD,TOTALS-
; °CU
Other Categories
REPORT %RERIOtITOTALS.
;�CUM,Ul= ATNETOTALS%
Total Number
Total Number
Total Number
Total Number
Extremely Low (30% or less)
Total # Benefiting
from the Activity
Low (31% - 50 %)
Moderate (51% - 80 %)
# of Female
Headed
Households
Non Low /Mod (81% or greater)
Totals
IR
Census (C) or Survey (S) Data Used: _ If (S), enter # of low /Mod & Total Population: _
Total # of tow /Mod in Service Area: Total Low /Mod Universe Population in Service Area:
Percent of Low /Mod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
1. CDBG Funds
$ 2. HOME Funds
3. ESG Funds
5. Other Federal Funds
6. State I Local Funds
7. Private funds
4. Section 108 Loan Guarantee $ 8. Other:
Name of Pundiag &ource
Total Funds
Report Prepared by:
Signature of Certifying Official:
Title:
Title:
Date:
Date:
Performance & Benefit Data: Capital Improvement & Public Facilities ILR 12 -10 -08112 -23 -09 R Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Y v > s f F i m yu I�t'XGSr"b�. %k i
�,PRQGR,ESBFRRB,PO�;,'.s Page pne � ipst��tgtl4"hs,r >k ,n ,r a,. „�n. , ., ., ,.. ✓r�z� .. ; , � .:.� :..�� , ,.:� . ,...,,;:
Reporting Period: Enter "X" in the box that corresponds with the appropriate reporting period for this report.
Section I: General Information
1. Recipient Name: Fill in the appropriate Agency I Organization Name.
2. Contact Person: Fill in the Contact Person's Name and Title.
3. Telephone Number: Fill in the Telephone Number of the Contact Person.
4. Activity Name (Project Title): Enter the name of the activity.
5. Activity Address: Enter the complete address of the location where the activity is taking place.
6. Activity Description: Enter brief description of the activity (120 characters maximum).
7. Activity ID #: Enter Activity ID No, of the activity.
8. Index Code: Enter the Index Code from FAMIS.
9. Funding Source: Enter the funding source (e.g, CDBG 06, CDBG DR 07, ESG 07, HOME 98, HOME CHDO 08, etc.).
10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable.
11. Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity (e.g. Housing, Economic Development, etc.).
12. Objective: Enter "X" in all that apply for the primary objective the activity is designed to provide.
13. Outcome : Enter "X" in all that apply for the primary outcome the activity is designed to provide.
Section II: Financial Information
1. Column B: Enter amount budgeted for the activity in each category of the approved budget (or most recent approved budget amendment).
2. Column C: Enter amount expended for the activity in each category during this reporting period.
3. Column D: Enter the actual cumulative expenditures from beginning of the contract through the end of this reporting period for each category.
4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category.
5. Column F: Enter the cumulative percent of expenditures for each category by dividing each amount in column D (Actual Cumulative Expenditures) by
the corresponding amounts as shown in column B (Approved Budget). Example - If Column D shows $5,000 expended to date in the Personnel
Category and Column B shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25 %.
6. Column G: Enter amount of projected expenditures in each category for the next quarter (reporting period).
7. Column H: Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period.
8. Total: Please include totals at the bottom of each column B through H.
9. Generate Program Income ?: Enter "X" in the "Yes" box if this activity is expected to generate Program Income; otherwise enter "X" in the "No" box.
10. If the response is "Yes" to Program Income: Indicate the amount of program income generated during this reporting period; if the answer was "No"
enter N /A.
11. If Program Income is generated: Enter "X" in the "Yes" if DHCD approved use of the Program Income & provide copy of written approval letter along
With all related documents. Otherwise, enter "X" in the "No" box and submit a written request for approval -or- a check payable to Miami -Dade County
for the generated Program Income.
N�
1. Activity Status: Enter "X" in box that corresponds with the appropriate status of the activity [Cancelled, Underway, or Completed]. Please note that an
activity is considered complete once it meets its national objective, all accomplishments have been reported, and all the funds are drawn from IDIS.
2. Environmental Status: Enter "X" in the box that corresponds with the appropriate status of the activity [A= Exempt, C =Completed, or D= Underwayj
3. Compliance with Original Project Schedule: Enter "X" in the "Yes" box if the activity complies with the original project schedule; if not enter "X" in the
"No" box.
Section III: Work in Progress
Provide a brief narrative description of work in progress during this reporting period. For example -
• Housing - During this period architectural drawings were completed, building department approved drawings, environmental approval received, plat
filed with the County, and construction is expected to begin next quarter.
• Economic Development - Fifteen jobs were created during the reporting period, five additional jobs are expected to be created by next quarter.
• Capital Improvement - 75% of construction of the childcare center completed this reporting period. Project on schedule and is expected to be
completed by next quarter.
Section IV: Other Supporting Efforts
Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period.
Include quantifiable data whenever appropriate. In addition, other expenditures of funds, including local match and leverage contributions, should be
depicted here.
�,✓4 �vrm4fi..M agry
Section V: Problems Encountered
Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the
next quarter. Report any problems that may impact the project as originally proposed, including but not limited to changes in Scope of Services,
beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to report/discuss any problems
encountered in order to resolve them as quickly as possible.
Section VI: Technical Assistance
This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity.
Instructions, Definitions & Acronyms (created 61301081 revised 12122/09 R1 Page 1 of 5
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Section VII: Performance Measurement
1. Accomplishment Type: Enter "X" in the box that corresponds to with the actual accomplishment type of this activity [People, Households, Businesses,
Organizations, Housing Units, Public Facilities, or Jobs].
2. National Objective: Enter "X" in the box that corresponds with the National objective of this activity. Refer to Attachment A in the Contract to locate the
National Objective for the activity -or- contact the Contracts Officer to obtain this information.
Code
Beneficiary Type
o a• oe � e
Description
24 CFR Citation
LMA
Area Basis Benefit
Low /Mod Area Benefit
570.208(a)(1)
LMAFI
Area Basis Benefit
Low /Mod Area Benefit, Community Development Financial Institution (CDFI)
570.208(d)(6)(i)
LMASA
Area Basis Benefit
Low /Mod Area Benefit, Neighborhood Revitalization Strategy Area
570.208(d)(5)(i)
LMC
Direct Benefit
Low /Mod Limited Clientele Benefit
570.208(a)(2)
LMCMC
Direct Benefit
Low /Mod Limited Clientele, Microenlerprise
570.208(a)(2)(iii)
LMCSV
Direct Benefit
Low /Mod Limited Clientele, Job Service Benefit
570.208(a)(2)(iv)
LMH
Direct Benefit
Low /Mod Housing Benefit
570.208(a)(3)
LMHSP
Direct Benefit
Low /Mod Housing Benefit, CDFI or Neighborhood Revitalization Strategy Area
570.208(d)(5)(4)
570.208 tl 6 ii
LMJ
Direct Benefit
Low /Mod Job Creation /Retention
570.208(a)(4)
LMJFI
Direct Benefit
Low /Mod Job Creation /Retention, Public Facility /Improvement Benefit
570.208(a)(4)(iv)(F)
LMJP
Direct Benefit
Low /Mod Job Creation, Location Based
570.208(a)(4)(iv)
SBA
Designated Area Basis
Slum /Blight Area Benefit
570.208(b)(1)
SBR
Urban Renewal Area
Slum /Blight in an Urban Renewal Area
570.208(b)(3)
SBS
Spot Basis
Slum /Blight Spot Basis
570208(b)(2)
URG
Urgent Need
Urgent Need
570.208(c)
The data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the
quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and the
Recipientmust complete the Performance Certification check box for "No Accomplishments"
3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire and/or Construct New Homeowner Units, Rehabilitate
Homeowner Units, or provide Homeowner Counseling and Direct Financial Assistance to Homebuyers must complete this section if any
accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Housing ".
4. Total People or Households: Activities that provide Public Services or Administrative (e.g., Fair Housing Activities) must complete this section if any
accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Public Services -or-
Administration". Capital Improvement and Public Facilities Activities must complete this section if any accomplishments are achieved in the reporting
period and complete the Supplemental Form, "Performance and Benefit Data: Capital Improvement & Public Facilities ".
5. Total Jobs: Activities that create or retain jobs, and /or provide assistance to businesses, must complete this section if any accomplishments are
achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Economic Development ".
6. Performance Certification: The Performance Certification check box for "No Accomplishments" must be checked and initialed by the Certifying Official
if there have been no accomplishments during the reporting period. This item certifies that there have been no accomplishments during the reporting
period and the Recipient is excused from providing any further accomplishment information on the activity status as required by HUD. Reference HUD
"Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs," A copy of the Notice and
additional information about performance measurements is available at the following link: http : / /www.hud.goviofficeslcpdiabout /performance/ .
7. Report Prepared By: The name and title of the report preparer, along with the date, must be completed.
8. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her title must be entered, and the certification must
be dated.
This Performance and Benefit Data Report must be completed and provided to DHCD for any quarter when actual accomplishments are achieved, the
activity is completed, and the national objective is met. In addition, direct benefit or area benefit data must be provided as well. Please fill out the requested
information completely and accurately as applicable for the funded activity. The following general information is available on Attachment A in the contract:
Activity ID, Activity Category, HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports must
include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and the
report must be dated.
Instructions, Definitions & Acronyms [created 6/30/081 revised 12122109 R1 Page 2 of 5
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Project Category [required]: Enter "X" in the box that corresponds with the
funded project type.
Accomplishment Type I Measures [required]: Enter "X" in the box that
corresponds with the funded project type.
Accomplishment Units Completed [required]: Indicate the number of
persons or households served and number that are low /mod income.
Performance Measurement & Accomplishment Information [required]
(1) Indicate the total number benefiting from the activity.
(2) Indicate method used to count the number benefiting from the activity - by
Households served or Persons served.
(3) Of those assisted, responds to each inquiry - a through c - by providing
the number that benefited, and provide the total for all.
Direct Benefit Information [required]: Beneficiary information must be
provided in this section for activities having a national objective of LMC,
LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete
the Area Benefit Information section. Provide information for actual number of
households or persons assisted, for this reporting period and the cumulative
total. Also, provide requested information in the Income Category and Other
Beneficiary Data Sections.
Area Benefit Information [required]: If applicable for funded activity.
.6-6<1 <111,41<1<1 -61111.61�_C111.6.6
Funding Sources I Leveraging of Funds [required]
HOME Funded Projects Only [required]: Enter "X" in the box that corresponds
with the funded HOME tenure type, complete the corresponding Form, & attach it
to the report.
Project Type [required]: Enter "X" in the box that corresponds with the funded
project type.
Number of Units Completed [required]: Indicate total number of Rental Units,
Owner Units, or Homebuyer Households completed for the funded activity.
CDBG Multi -Unit Activity, if applicable: Provide all requested information for both
charts in this section.
Displacement Information, if applicable: Provide all requested information in the
chart.
Replacement Information, if applicable: Provide all requested information in the
chart.
.61 1� -6 .Gi-1 .6 -6.6. .6 C1 .C,.6 .6 .6 .6 .6 -C, .61 .6-61
Performance Measurement & Accomplishment Information [required], all
applicable sections must be completed
(1) Provide number of Affordable Units and respond to each inquiry - a through f
- by providing the requested information
(2) Provide number of Section 504 Accessible Units
(3) Provide number of units qualified as Energy Star
(4) Provide number of units brought up to HQS /Local Code (Rehab only)
(5) Provide number of units brought in compliance with lead safety (Rehab only)
(6) Provide number of units created through conversion of non - residential to
residential buildings (Rental Rehab only)
(7) Provide number of households previously living in subsidized housing
(Acquisition /Construction New Homeowner only)
Direct Financial Assistance to Homebuyers, if applicable
(1) Provide number of first -time homebuyers and of those, indicate number that
received housing counseling
(2) Provide number receiving Down Payment Assistance /Closing Costs
1i - a,.611� '.6- e..61 -6 .6.6 -d�- G;.s-C-6 1� .6 .E4 -C'1 �
Direct Beneficiary Information (required] - must be completed for the actual
number of households assisted, for this reporting period and the cumulative total.
Also, provide requested information in the Household Income Category and Other
Beneficiary Data Sections.
Funding Sources I Leveraging of Funds (required]
Project Type [required]: Enter "X" in the box that corresponds with the funded
project type.
Measures: Acquisition /Disposition and Clearance /Demolition activities only -
Enter "X" in the box that corresponds with the funded activity.
Accomplishment Units Completed [required]: Indicate the number of units
completed [Structures, Parcels, or Facilities] , number of persons served, and
number that are low /mod income
<1<1<1 -6-61.6.616 .61 .61<1.61 �6-6141<14c,-61 .61 .6141111-61 111, <141.61
Performance Measurement & Accomplishment Information [required]
(1) Enter total number benefiting from the activity for the program year.
(2) Indicate if the count is by Household or Persons.
(3) Of those assisted, respond to each inquiry - a through h - by providing the
number that benefited, and provide the total for each section.
-6 .6 .61 "1 1� 1� "I <1 <1 <1 .6 -01 %N <1 .61 .61%� "I -6�Q6. <� -6�<:...61
Direct Benefit Information [required]: Beneficiary information must be provided
in this section for activities having a national objective of LMC, L MCMC, LMCSV,
LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit
Information section. Provide information for actual number of households or
persons assisted, for this reporting period and the cumulative total. Also, provide
requested information in the Income Category and Other Beneficiary Data
Sections,
Area Benefit Information [required]: If applicable for funded activity.
111<1-6 <1 -6141<1<1 .61-6.6W, 111<1�
Sources I Leveraging of Funds
Attachments must be provided. it
Note: Jobs data should be prepared as accomplishments take place (as jobs are
created) or on a quarterly basis, at a minimum.
Job Creation and /or Job Retention Information [responses required for this
Accomplishment Type]
(1) Complete the Job Creation area if the activity is expected to create jobs;
otherwise, complete the Job Retention area if the activity is expected to
retain jobs.
(2) Indicate the number of jobs created or retained, as applicable, by job type for
this reporting period and the cumulative total.
(3) Direct Benefit Information - must be completed for the actual jobs created or
retained, as applicable, for this reporting period and the cumulative total.
Also, provide requested information in the Income Category and Other
Beneficiary Data Sections.
(4) Number of jobs created with employer sponsored health care benefits
(5) Number unemployed prior to taking job created
(6) Number of jobs retained with employer sponsored health care benefits
(7) Provide explanation if proposed goals are not met
d„- 61"1<1- art, ", .6"1- C,.61�6.61.6.6-6. -Give <1. wr,°Givr,°f+i�Gi^Gi"Giver,
Assistance to Businesses [responses required for this Accomplishment Type]
(1) Indicate total number of business assisted, of that amount indicate how many
are new businesses and the number of existing businesses
(2) Of the existing businesses, indicate how many were expanding businesses
and the number that were relocating
(3) Indicate the number of businesses assisted with fagade treatment or
business building rehab
(4) Indicate the number of businesses that provide goods or services to meet the
needs of a service area, etc.
(5) Provide the DUNS number for each business assisted [a requirement for any
business that receives Federal assistance]
6<1111 .61 11141<1
Area Benefit Information [required]
Funding Sources I Leveraging of Funds [required]
Required Attachments must be provided, if applicable.
Instructions, Definitions & Acronyms [created 6130108] revised 12122/09 R1 Page 3 of 5
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS &ACRVNYMS
Area Benefit: Those activities having a national objective of LMA, LMAJI, and MASA. Beneficiary data is reported by Survey or Census data for the
percentage of low- and moderate-income persons in the service area. CDBG regulations specify that 61 percent of the residents of the service area must be
LMI. Examples of area benefit activities include streellsidewalk improvements, water/sewer lines, neighborhood facilities, and fagade improvements in
neighborhood commercial districts.
Census Block: A geographic area bounded by visible and/or invisible features shown on a map prepared by the U.S. Census Bureau, A block is the
smallest geographic entity for which the Census Bureau tabulates decennial census data.
Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by,
a local group of census data users or the geographic staff of a regional census center in accordance with Census Bureau guidelines.
CDBG National Objectives: The authorizing statute of the CDBG program requires that each activity funded except for program administration and
planning activities must meet one of three national objectives, All CDBG activities must achieve one or more of these national objectives.
• Benefit to low and moderate-income (LMI) persons,
* Aid io the prevention or elimination oi slums or blight, and
• Meet a need having a particular urgency (referred to as urgent need), e.g., existing conditions pose a serious and immediate threat W the health or
welfare of the community.
|o addition, n minimum of70'&v[ the CDO8 program expenditures must meet the LM{ benefit national oWootive.
Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Beneficiary data is reported by
the total number of persons or households hoonfiKin from nactivity.
DUNS Number: Data Universal Numbering System (DUNS) number is a requirement for any business that receives Federal assistance. If a business does
not have one, it should call the DUNS number request line at 1-866-705-5711 to obtain a number. The process is free and takes about ten minutes.
ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all save money and protect the environment through energy efficient
products and practices. HUD encourages incorporation of ENERGY STAR qualified products and practices when conducting rehabilitation or constructing
new housing. Likewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator categories in the performance
measurement system.
Extremely Low-income: Households with annual income less than 30% of the area median income, as established by HUD. The number of household
members is used in the determination.
Ethnic Categories: HUD and grantees are required to treat offiuioityaouseparate category. "Hispanic or Latino" and "Not Hispanic or Not Latino" are
designated an separate ethnicity categories. �
° Hispanic orLadov:Apomonof Cuban, k«oxioan.PuoAoRican, South o/Conkx| American, or�ber8paoivh culture or origin, regardless ofrace.
The term, "Spanish ori0io," can ho used |n addition M "Hispanic orLahno.'
° Not Hispanic or Not Latino: A person not N Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture ororiVin'
regardless n[race.
Family: All persons living in the same household who are related by birth, marriage, or adoption.
Household: All persons occupying the same housing unit. The occupants may be a single family, one person living alone, two or more families living
together, or any group of related or unrelated persons who share living arrangements.
Housing Quality Standards (HQS): HOS are set acceptable conditions for interior living space, building exterior, heating and plumbing systems, and
general health and safety, The purpose of HQS is to determine whether a housing unit is decent, safe and sanitary.
Income: (1) Annual income as deflned under Section 8; (2) Annual income as reported under the Census long form; or (3) Adjusted gross income uodofinod
ky the IRS Form 1040.
Low Mod Job Creation or Retention (LMJ):Aoactivity designed to meet the National Objective of creating or retaining permanent jobs, at least 70 percent
(d which (computed oou full-time equivalent basis) will ho made available Norheld byLM|persons.
Low Mod Limited Clientele (LMC): An activity carried out to meet the National Objective of benefit to LMI persons. Activities under the LMC category must
meet one of the following criteria:
° Benefit clientele that is generally presumed to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults,
homeless persons, illiterate adults, persons living with AIDS and migrant farm workers); or
• Require documentation on family size and income in order to show that at least 70 percent of the clientele are LMI; or
• Have income eligibility requirements limiting the activity to LMI persons only; or
• Be of such a nature and in such a location that it can be coricluded that clients are primarily LML
Low Mod Income Area Benefit (LMA):An activity carried out k> meet the National Objective ofhonofitN|M| persons that benefits all residents ino
particular target area, where at least 61 percent of the residents are LMI persons.
Low and Moderate Income (LMI): Low and moderate income means family or household annual income less than the Section 8 Low Income Limit,
generally 80 percent of the area median income, uo established bHUD.
Low-Income Household/Family: A household/family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median
income) eo established hyHUD.
Low Income: Households with annual income less than 50% of the area median income, as established by HUD.
Low Mod Housing (LM»):An activity carried out to meet the National Objective of benefit to LMI personsthouseholds, e.g., acquisition, construction, or
improvement of permanent, residential structures which, upon completion, will be occupied by LMI households.
Matrix Codes: The matrix code indicates how the activity is eligible under CDBG regulations, it generally identifies the purpose for which assistance was
provided, and determines the type of accomplishment units that should be reported,
M|c,oentorprioeA business that has fivnor fewer employees, one ^/ more of whom owns the enterprise.
Moderate-Income Household/Family: A household/family having an income equal to or less than the Section 8 Low Income limit (80% of area median
income) established by HUD, but greater than the Section 8 Very Low Income limit (50% of area median income) established by HUD.
Instructions, Definitions GAcronyms [created bO0N81 revised 12121N9 R1 Pace 4oK5
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Objectives: The objectives capture the range of community impacts that are expected to occur as a result of program activities. There are three possible
objectives for each activity: 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities.
Outcomes: The program outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of
the activity. There are three possible outcomes: 1) Availability/Accessibility, 2) Affordability, and 3) Sustainability.
Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit
may be sold without penalty to the homeowner.
Program Income: Any gross income received by the sub recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)).
Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial
demographics of the individuals and /or the communities they serve, or are proposing to serve.
1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America),
and who maintains tribal affiliation or community attachment.
2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or Negro" can be used in
addition to `Black or African American."
4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
5. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
6. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above.
7. Asian & White. A person having these multiple race heritages as defined above.
8. Black or African American & White. A person having these multiple race heritages as defined above.
9. American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above.
10. Other Multi-Racial. A person reporting multi -race heritages not included in any of the other nine categories listed above, and that have a total count
that exceeds one percent of the population served.
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. It imposes
requirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive Federal funds. Minimum requirements
include, but are not limited to: 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative
Requirements.
Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist
the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job- training
program. Sub recipients are also referred to as sub grantees.
Survey: The survey instrument and methodology must be approved by HUD for the purpose of establishing the percentage of LMI persons in a service area.
A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance
is available in CPD Notice 05 -06.
Instructions, Definifions & Acronyms [created 6/301081 revised 12122109 R1 Page 5 of 5
Attachment D
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD)
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 1. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
❑
CDBG
❑ HOME
❑ HOPE VI
❑
HOMELESS (SRO /SHP)
❑ EDI
❑ NSP
❑
CDBG -R
2. Indicate Fiscal Year: FY 20
3. Name of Subrecipient/Agency:
4. Name of Proposed Activity:
5. Location Address with City, ST and Zi of Activit or Project:
7. Commission District(s):
8. Direct Contact information of loan /grant redolent
Name:
Address:
City:
State:
Zip:
Phone:
Fax:
Form Revised 121115009
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 11. PROJECT OUTCOME
Will the activity or project result in the following?
YES
NO
1. Change 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. Building improvements (windows, doors, etc.)
7. Displacement of persons, households or business
B. Increase in population working or living on site
9. Land acquisition
10. Activity in 1 00-year floodplain
11. A new nonresidential use generating at least 1,375,000 gallons of
water or 687,500 gallons of sewage per day.
12. Use requiring operating permit (i.e. for hazardous waste,
pretreatment of sewage, etc.
13. A sanitary landfill or hazardous waste disposal site
14. Tree removal or relocation
15. Street improvements
16. The impounding of more than 10 acre feet of water (e.g. digging a
lake or diverting or deepening of a body of water).
Part 111. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed land use:
Existing?
• Proposed?
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 plan must be provided Proiect(sl wi1l 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 tots. 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?
3
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)
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovati6hs'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 Environmental Regulations
and Management (DERM), 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 seven 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:
u
1. Flood insurance re wired?
YES
NO
Z. Public water available on site?
3. Public sewer available on site?
4. Children under 7 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?
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and /or City
with the location of tot 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 DHCD 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:
Community and Economic Development Division Director
Department of Housing and Community Development
701 NW 151 Court -14th Floor
Miami, Florida 33136
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity
EXEMPT*
CENST **
CEST'
EA****
Economic Development
Notice /No
Notice /No
RROF (No Statutory
FONSI and
New Construction
RROF
RROF
Requirement Triggered)
X
Rehab
X+
Xz
Non - Construction /Expansion
X
Publish N01 /RROF
Housing
(Statutory Requirement
Single Family Rehab
X
Multi - Family Rehab
X'
Xz
New Construction
X
Homeownership Assistance
X
Affordable Housing Pre -Dev,
X
Capital Improvement
Handicapped Access
X
Public Facilities
X'
X2
Infrastructure,
X1
V
Public Services
Employment
X
Crime Prevention
X
Child Care
X
Youth or Senior Services
X
Supportive Services
I
X
Type of Publication
No Public
No Public
No Public Notice /No
Publish
Td gered Statutes
Notice /No
Notice /No
RROF (No Statutory
FONSI and
RROF
RROF
Requirement Triggered)
NOI/RROF
Or
Publish N01 /RROF
(Statutory Requirement
Triggered)
Estimated Time Frame (Excluding
30.45 Days
3045 Days
45 -90 Days
90 Days
Td gered Statutes
Minimum
X1 if for continued use and change in density (or size) of less than 20%
Xz 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)
MIAMI -DADE COUNTY AFFIDAVITS
The contracting individual or entity (government or otherwise) shall indicate by an "X" all affidavits that pertain
to this contract and shall indicate by an `NiA.4 ail affidavits that do not pertain to this contract. Aii biank spaces
must be filled.
The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY
NON- DISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to
contracts with the United States or any of its departments or agencies thereof, the' State or any political
subdivision or agency thereof; it shall however, pertain to municipalities of the .State of Florida. All other
contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to
this contract.
i, , being first duly swom state:
Affiant
The full legal name and business address'of the person(s) or entity contraction or transacting business with
Miami -Dade County are (Post Office addresses are not acceptable):
Federal Employer Identification` Number (if none, Social Security)
Name of Entity, Individual(s), Partners, or Corporation
Doing Business As (If same as above, leave blank)
Street Address City State Zip Code
I: MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code)
1. If the contract or business transaction is with a corporation, the full legal name and business address
shall be provided for each officer and director and each stockholder who holds directly or indirectly five
percent (5 0/6) or more of the corporation's stock. If the contract or business transaction is with a
partnership, the foregoing information shall be provided for each partner. It the contract or business
transaction is with a trust, the full legal name and address shall be provided for each trustee and each
beneficiary. The forgoing requirements shall not pertain to contracts with publicly- traded corporations or
to contracts with the United States or any department or names and addresses are (Post Offices
addresses are not acceptable):
Full Legal Name Address Ownership
%
Page 1 of 5
2. The full legal names and business address of any other individual (other than subcontractors, material
men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or
otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not
accentablel:
3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses
false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or
imprisonment in the County jail for up to sixty (60) days or both.
II. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133,
amending Sec. 2.8 -1; Subsection (d)(2) of the County Code).
Except where precluded by federal or State laws or regulations, each contract or business transaction or
renewal thereof which involves the expenditure of ten thousand dollar ($10,000) or more shall require the
entity.contracting or transacting business to disclose the following information. The, foregoing disclosure
requirements do not apply to contracts_ with the United States or any department or Agency thereof, the
State or any political subdivision or.agency or any municipality of this State.
1. Does your firm have a collective bargaining agreement with its employees?
Yes No
2. Does your firm provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race,
national origin and gender.
White:
Males
Females
Asian:
Males
Females
Black:
Males
Females
American Indian:
Males
Females
Hispanics:
Males
Females
Aleut (Eskimo):
Males
Females
Males
Females
Males
Females
Ill. AFFIRMATIVE ACTION /NON - DISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinances 98-30 codified at 2 -8.1.5 of the County Code)
In accordance with County Ordinance No. 98 -30, entities with annual gross revenues. in excess of
$5,000,000 seeking to contract with the County shall, as condition receiving a County contract, have 1) a
written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not
discriminate in its employment and promotion practices; and ii) a written procurement policy which sets
forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -
owned businesses in its own procurement of goods, supplies and services. Such affirmatives action plans
and procurement policies shall provide for periodic review to determine their effectiveness in assuring the
entity does not..discriminete in. its employment, promotion and procurement .practices. The foregoing
notwithstanding, corporate entities whose boards of directors are representatives of the population make-
up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and
shall not be required to have written affirmative action plans and procurement policies in order to receive a
County contract. The foregoing presumption may be rebutted.
The requirements of County Ordinance'No. 98 -30 may be waived upon: the writtenrecommendation of the
County Manager that it is in the best interest of the County to do so and upon approval of the Board of,
County Commissioners by majority vote of the members present.
Page 2 of 5
The firm does not have annual gross revenues in excess of $5,000,000..
The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors
io ro..rccon +a +i,ic of ±ha nnnnlatinn make' n of the nation - ri h submifteii a �unffen detailed
,......... tat.... .. �,_ ............... ..r
listing of its Board of Directors, including the race of ethnicity of each board member, to the
County's Department of Business Development, 175 NW 1st Avenue, 28th Floor, Miami,
Florida 33128.
The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
review to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development, 175 NW 1st Avenue, 28tH Floor, Miami, Florida 33128.
The firm does not have an affirmative action plan and /or a procurement policy as described
ahnva, lyttt has been granted a waiver,
IV. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code)
The, individual or entity entering into a contractor receiving funding from the County
has has not of the date of this affidavit been convicted of a felony during the past ten
(10) years.
V. MIAMI -DADE EMPLOYMENT .DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance
no. 92 -15 codified as Section 2 -8.1.2 of the County Code)
That in compliance with Ordinance No. 92A5 of the Code. of Miami -Dade County, Florida,.the
above named person or entity is providing a drug -free workplace. A written statement to each
employee shall, inform the employee about:
1.' Danger of drug abuse in the workplace
2. The firm's policy of maintaining a drug free environment at all workplaces
3. Availability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of
employment that the employee will: abide by the terms and notify the employer of any criminal
drug conviction occurring no later than five (5) days after receiving, notice of such conviction
and. Impose., .appropriate .personnel action against .the employee. up to and including
termination..
Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the
product or service offered by the person or entity make it necessary for the operation of the
County or for the heaith,,safety, welfare, economic benefits and well -being of the public.
Contracts involving funding which is provided in whole or in part by the United States of the
State of Florida shall be exempted from the provisions of this ordinance in those instances
where those provisions are in conflict with the requirements of those govemment entities.
VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142 -91
codified as Section 11A -29 et. Seq of the County Code)
That in compliance with ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day
during each of twenty (20) or more calendar workweeks, shall provide the following
information in compliance with ail items in the aforementioned ordinance:
Page 3 or 5
An employee who has worked for the above firm at least one (1) year shall be entitled to
ninety (90) days of family leave during any twenty- four(24) month period, for medical reasons,
for the birth or adoption of a child, or for the care of a child, spouse or other close relative who
hez aer ?nus health condition without rie4 mf tarminatinn of gmnrl.n_v� ar inetaliati n,
The foregoing requirements shall not pertain to contracts with the United States or any
department or agency thereof, or the State of Florida or any political subdivision or agency
thereof. It shall, however, pertain to municipalities of this State.
Vil. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R385 -95)
That the above names firm, corporation or organization is in compliance -with the agrees to
continue to comply with and assure that any subcontractor, or third party contractor under this
project complies with all applicable requirements of the laws listed below including, but not
!invited to, those provisions pertaining to employment provisions of programs and services,
transportation, communications, access to facilities, renovations, and new construction in the
following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat
327.42 U.S.C. 12101 -12213 and 47 U.S.C. Section 1612; The Fair Housing Act as amended,
42 U.S.C. Section 3601 - 3631. The foregoing requirements shall not pertain to contracts with
the United States or any department or agency thereof, the State or any political subdivision
of agency thereof or any municipality of this State.
Vill. MIAMI -DADE COUNTY REGARDING DELIQUENT AND CURRENTLY DUE FEES OR
TAXES (Sec. 208.1 (c) of the County Code)
Except for small purchase orders and sole source contracts, that above named firm,
corporation, organization or individual desiring to transact business or, enter a contract with the
County Verifies that all delinquent and currently due fees or taxes — including but not limited to
real and property taxes, utility taxes. and occupational licenses — which are collected in the
normal course by the Dade County Tax Collector as well as Dade County issued parking
tickets for vehicles registered in the name of the firm, corporation, organization or individual
have been paid.
IX. CURRENT OR ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its
obligations to the County and is not otherwise in default or any contract, promissory note or
other-loan-documents with the County or any of its agencies or instrumentalities.
X. PROJECT FRESH START (Resolution R- 702 -98 and 358 -99)
Any firm that has a contract with the County that results in actual payment of $500,000 or
more shall contribute to Project Fresh Start, the County's Welfare to Work initiative. However,
if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade
County and who have lost or will loose cash assistance benefits (formerly Aid to Families with
dependent Children) as a result of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the firm may request waiver from the requirement of R- 702098 and
R- 358 -99 by submitting a waiver request affidavit. The foregoing requirement does not pertain
to government entities, not for profit organizations or recipients of grant awards.
Page 4 of 5
xi nnnnEcrlr. ylnLENCE LEAVE (Resolution 135 -00; 99-5 Codified at 11A-60 Et. Sea,, of the
Miami -Dade County Code).
The firm desiring to do business with the County is in compliance with Domestic Leave
Ordinance, Ordinance 99 -5, codified at 11A -60 et. Seq. of the Miami -Dade County Code,
which requires an employer which has 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 proceeding calendar years, to provide Domestic
Violence Leave to its employees.
I have carefully read this entire five (5) page document entitled Miami -Dade County Affidavits and have
indicated by an «x" all affidavits that pertain to his contract and have indicated by an "N /A" all affidavits that do
not pertain to this contract.
By: .
(Signature of Affiant)
(Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
20.^ by HelShe is personally known to me or has
presented as identification.
(Type.of Identification)
(Signature of Notary)
(Print of Stamp. of Notary) .
Notary Public — State of
(State)
Page 5 of 5
. (Serial Number)
(Expiration Date)
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3j (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS
1. This form statement is submitted to
by
(Print individual's name and title)
for
(Print name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number (FEIN) is If the entity has
not FEIN, include the Social Security Number of the individual signing this swom statement.
2. 1 understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to an directly related to
the transactions of business with, any public entity. or with .an. agency or political subdivision of
any other state or with the United States, including, but not limited to any. bid or contract for
goods or services to be provided to public entity or agency or political subdivision of any other
state or of the United States and involving antitrust; fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misinterpretation.
3. 1 understand that "convicted" or 'conviction' as defined in. Paragraph 287.133(1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in an federal or state trial court of record relating to charges brought by
Indictment or information after July 1, 1989, as,a result of a jury verdict, non jury trial, or entry of
a plea of guilty or nolo contendere:
4. 1 understand. that an "Affiliate" asdefined in paragraph 287.133(1)(a), Florida Statutes means:
1. A predecessor or successor of a person convicted of a public entity crime, or
2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes
those officers directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another person, or a pooling of equipment
or income among. persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another person. A
person who knowingly enters into a joint venture with a person who has been convicted
of a public entity crime In Florida during the preceding 36 months shall be considered an
affiliate.
5. l understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means
any natural person or entity organized under the laws of any state or of the United States within
the legal power to enter into a binding contract and which bids or applies to bid on contracts for
the
rvVi$iv.i of "r, yr .'.nf ;k, The term °,wr " includes fh— errora evellf :Yes nr+n
shareholders, employees, members, and agents who are active in management of an entity
6. Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies.)
Neither the entity submitting sworn statement, nor any of its officers, director, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime,
subsequent to July 1, 1989.
The cniy' Submitting this St "fern St^ut?mant nr nna nr mpre of ite nffGeCS, directors,
executives, partners, shareholders employees, members, or agents who are active in the
management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged
with and convicted of a public entity crime subsequent to July 1, 1989, AND (please indicate which
additional statement applies.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity; nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent proceeding before a Hearing Officer of the State of the. State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
determined that it was not in the public interest to place the entity submitting "this sworn statement
on the convicted vendor list. (attach a copy of the final order).
I .UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE i5 FOR THAT PUBLIC
ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE
CALENDAR YEARAN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO
INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A
CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
Sworn to and subscribed before.me this._ day
Personally known
Or produced identification
(Type of identification)
(Signature)
20
Notary Public -State of
My commission expires
(Printed, typed or stamped commissioned
name of notary public)
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1. Do you have any past due financial obligations with Miami -Dade County?
YF$ NO
Single Family House Loans
Multi- Family Housing Rehab
CDBG Commercial Loan Project "-
U.S. HUD Section 108 Loan_
Other HUD Funded: Programs
Other (liens, fines, loans,
Occupational licenses, etc.)
If YES, please explain
2.. Do you have any past due financial obligations with Miami -Dade County?
YES NO
if YES, please explain:
3. Are you, a relative, of or do you have any business or financial interests with any elected Miami -Dade County official,
Miami -Dade County Employee, or Member of Miami -Dade Countys Advisory Boards?
YES NO
If YES, please explain:
Any false information provided on this affidavit will be reason for rejection and disqualification of your project - funding request
to Miami -Dade County.
The answers to the foregoing questions are correctly stated to the best of my knowledge and belief.
By:
(Signature of Applicant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before. me this day of 20;
By . He/She is personally known to me or has presented
(Type of ldentifi as identification.
c@tion) ,
(Signature of Notary)
(Print or Stamp of Notary)
Notary Public — Stamp of
(State)
(Serial Number)
(Expiration Date)
Notary Seal
DEVELOPER'S AFFIDAVIT THAT MIAMI -DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2 -8.1 (c) of the Code of Miami -Dade County, as amended by Ordinance No. 00 -30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2 -8.1 (h) of the Code of Miami -Dade County, as amended by Ordinance No.00 -67)
I, being first duly sworn, hereby state and certify
that the foregoing statements are true and correct:
That I am the Developer (if the Developer is an individual), or the (fill in
the title of the position held with the Developer) of the Developer.
2. That the Developer has paid all delinquent and currently due fees or taxes (including but not
limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in
the normal course by the Miami -Dade County Tax Collector, and County issued parking tickets
for vehicles registered in the name of the above developer, have been paid.
3. That the Developer is not in arrears in excess of the enforcement threshold under any
contract, final non - appeasable judgment, or lien with Miami -Dade County, or any of its
agencies or instrumentalities, including the Public Health Trust, either directly or indirectly
through a firm, corporation, partnership or joint venture in which the Developer has a
controlling financial interest. For purposes hereof, the term "enforcement threshold" means
any arrearage under any individual contract, non - appeal able judgment, or lien with Miami-
Dade County that exceeds $25,000 and has been delinquent for greater than 180 days. For
purposes hereof, the term "controlling financial interest" means ownership, directly or
indirectly, of 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.
20
Signature of
_/ _/ _/ / / ! / _/ / _/ _/
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Finn
Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me this day of 20_
By He /She is personally known to me or has presented
as identification.
Type of Identification
Signature of Notary
Print or Stamp Name of Notary
Notary Public —State of
9
Microsoft Word /Affidavits 2006 /Revised /mdm -01 -04 -2006
Notary Seal
Serial Number
Expiration Date
FORM A -12
CODE OF BUSINESS ETHICS
In accordance with Section2- 8.1(i) of the Miami -Dade County Code, each person or
entity that seeks to do business with the County shall adopt a Code of Business Ethics
( "Code ") and shall, prior to execution of any contract between the contractor and the
County, submit an affidavit stating that the contractor has adopted a Code that complies
With the requirements of Section 2 -8.1 (i) of the Miami -Dade County Code. Any person
or entity that fails. to submit the required affidavit shall be ineligible for contract award.
The Code of Business Ethics shall apply to all business that the contractor does with the
County and shall, at a minimum, require that the contractor:
• Comply with all applicable governmental rules and regulations including, among
others, the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance
and the False Claims Ordinance.
• Comply with all applicable rules and regulations regarding Disadvantaged
Business Enterprises, Black Business Enterprises, Hispanic. Business
Enterprises and Women Business Enterprises (hereinafter collectively Minority
Business. Enterprises, "MBEs ") and Community Small Business Enterprises
(CSBEs) and;shall specifically prohibit the following practices:
o Pass- through Requirements. The Code shall prohibit pass- throughs
whereby the prime fire requires that the MBE or CSBE firm accept
payments as a MBE or CSBE and pass through those payments or a
portion of those payments to another entity including, but not limited to the
owner /operator of the prime firm;
o Rental Space, Equipment or Flat Overhead Fee Requirements. The Code
shall prohibit rental space requirements, equipment. requirements, and /or
flat overhead fee requirements, whereby the prime firm requires the MBE
or CSBE firm to rent space or equipment from the prime firm or charges a
flat overhead fee for the use of space, equipment, secretary, etc;
o Staffing Requirements. The Code shall prohibit the . prime firm from
mandating, as.a condition to inclusion in the project, that MBE or CSBE
hire, fire, or promote certain individuals not employed by the prime firm, or
utilize staff employed or previously employed by the prime firm.
o MBE or CSBE Staff Utilization. The Code shall prohibit the prime firm
from requiring the MBE or CSBE firm to provide. more staff than is
necessary and then utilizing the MBE or CSBE. staff for other work to be
performed by the prime firm.
o Fraudulently creating, operating or r representing MBE or CSBE. The Code
shall prohibit a prime firm including, but not limited to, the
owners /operators thereof . from fraudulently creating, operating or
representing an entity as a MBE or CSBE for purposes of qualifying for
certification as a MBE or CSBE.
• The Code" shall also require that on any contract where MBE or CSBE
participation is purported, the contract shall specify essential terms, including, but
not limited to; a speck statement regarding the percent of participation planned
for MBEs or CSBEs, the timing of payments and when the work is to be
performed. .
• The failure of a contractor to comply with its Code of Business Ethics shall ,enw
any contract behveen the contractor and the County voidable, and a jr cs
violators to debarment from future County work pursuant to Section 10- 33(h °F(2
of the Code. The Inspector General shall be authorized to investigate any, ail.:,;: ci
violation by a contractor of its Code of Business Ethics.
By:
Signature of Affiant
Printed Name and Title of Afflant
Printed Name of Firm
Date
Federal Employer Identification. s'd�tEnh =a:
Address of Firm ... .
SUBSCRIBED AND SWORN TO (of affirmed) before me this_
day of....__.._,'�.r) .
He/She is personally known to me or has presented as tc9c E nhr ,
Type of identification
Signature of Notary
Print or Stamped Name of Notary
Notary Public, State of
SerialPac�,r,_
ExpirzRon
COLLUSION AFFIDAWT
(Code of Miami -Dade County Section 2 -8.1.1 and 10 -33.1) (Ordinance No. 08 -113)
BEFORE ME, A NOTARY PUBLIC, personally appeared who being
duly swam states: (insert name of affiant)
1 am over 18 years of age, have personal knowledge of the facts stated in this affidavit
and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to
bind the bidder of this contract
i siaie ilia! ine 'bidder of finis contract
❑ is not related to any of the other parties bidding in the competitive solicitation, and that the
contractor's proposal is genuine and not sham or collusive or made in the interest or on
behalf of any person not therein named, and that the contractor has not, directly or indirectly,
induced or solicited any other proposer to put in a sham proposal, or any other person, firm,
or corporation to refrain from proposing, and that the proposer has not in any manner sought
OR by collusion to secure to the proposer an advantage over any other proposer,
EF is. related to the following parties who bid in the solicitation which are identified and listed
below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for
contract award. In the event a recommended contractor Identities related parties in the
competitive solicitation its bid shall be presumed to be collusive and the recommended contractor
shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to
the extent of ownership; control and management of such related parties in the preparation and
submittal of such bids or proposals. Related parties shall mean bidders or proposers, or the
principals, corporate officers, and managers thereof which have a direct or indirect ownership
interest in another bidder or proposer for the same agreement or in which a parent company or
the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in
another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall
be rejected.
By:
Signature of Affiant
Date
20
Printed Name of Affiant and Title Federal Employer ideldntification Number
Printed Name of Firm
Address of Firm
bID PAMAGEAAVEN R.1s 012
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of _ : 0
He /She is personally known to me or has presented as
Identification. Type of identification
Signature of Notary
Print or Stamp Name of Notary
Notary Public — .State of
Serial Number _.
Expiration Date
Notary Seat
CERTIFICATION REGARDING LOBBYING
Ccrtiftcation for Contraets, Grants Loans and Cooperative ALVreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of VII,,.
undersigned, to any person for influencing or attempting to influence an officer c
employee of an 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 ar;-
Federal contract, the making of any Federal grant, the making of any Fedet�,).l
the entering into of any cooperative agreement, and the extension, contiuuaiio ;,
renewal, amendment' or modification of any Federal Cent"=. ^t orant 10111,
cooperative agreement,
2. If any of the 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 can,i cr E:e
of any agency,. a Metnber of Congress, an officer or employee of Congo
employee of a Member of Congress in connection with this Federal contr s (;E
loan, or cooperative agreement, the undersigned shall complete and submit Stand w.'
Form. LLL, "Disclosure Form to Report Lobbying," in accordance r;Ii.
instructions,
3. The undersigned shall require that the language of this certification be mclud. -d wzr,
the award documents for all subawards at all tiers (including subcontracts, sub,-vi,is,
and contracts under grants, loans,_ and. cooperative agreement in excess of $1GC %,! ?]Si'
and that all subrecipients shall certify and disclose accordingly,
4. This certification is a material representation of fact upon which reliance w,,Js
when this transaction was made or entered into. Submission of this ccrdf �. -
prerequisite for making or entering into this transaction imposed by see <<
title 31, U.S. Code. Any person who fails to file the required certification
subject to a civil penalty of not less than $10,000 and not more than
each such failure.
By:
of Authorized Representative)
Print:
(Print Name of Firm and Authorized Representative)
Title:
Date:
j
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�Al�►i 1'� L�
AGENCY NAME
Q II Q RE .ABQI IT DI=1 AT C pA[�'rl�e
DATE
THERE ARE NO BOARD MEMBERS OF THE (AGENCY NAME)_
WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH
OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY
NAME) OPERATIONS.
County Construction Sign
(0"[Y areas Circled are subject to change)
Carlos Alvarez
Mayor
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ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
(Ordinance 97 -35)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami -Dade County Ordinance 97 -35, the Developer submits the. following
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title:
Firm Name:
Address:
Date:
Fed. ID No:
City: State: Zip Code:
Telephone: (___j Fax: {__)
12
Microsoft Word/Affidavits 20061Revlsed /mdm -01 -04 -2006
ATTACHMENT H
SUBCONTRACTORISUPPLIER LISTING
(Ordinance 97 -104)
Firm Name of Prime Contractor /Developer
This form, or a comparable listing meeting the requirements of Ordinance No. 97 -104, MUST be completed
by the developers on County contracts for purchase of supplies, materials or services, including professional
services which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable
listing meeting the requirements of Ordinance No. 97 -104, must be completed and submitted even
though the developer will not utilize subcontractors or suppliers on the contract. The developer
should enter the word "NONE" under the appropriate heading on this form in those instances where
no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract
shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work
to be performed or materials to be supplied from those identified, except upon written approval of the County.
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I certify that the representations contained in this Subcontractor /Supplier Listing are to the best of my
knowledge true and accurate.
Signature Developer(s) Print Name Print Title
Date
(Duplicate if additional space is needed)
13
Microsoft Word/Affidavits 2006/Revisedfmdm -01 -04 -2006
Authorized Representative