12CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
TO: The Honorable Mayor & Members of the City Commission
H,cto, M;"bU, Ph.D .. C;'Y "'""gee (11 ..,
December 20, 20 I I Agenda Item No.:l_fI'_ DATE:
SUBJECT:
BACKGROUND:
GRANTORl
GRANT AMOUNT:
GRANT PERIOD:
ATTACHMENTS:
A resolution authorizing the City Manager to amend fiscal year 20 I 0
Community Development Block Grant agreement with Miami-Dade County's
Department of Public Housing and Community Development (PHCD) to
extend the expiration date from September 30, 20 I I to September 30, 2012
for the SW 64th Street Corridor Improvements Project -Phase I in the
amount of $50,000.
Miami-Dade County Public Housing and Community Development (PHCD)
awarded the City of South Miami the SW 64th Street Improvement Project -
Phase I with an expiration date of September 30, 20 I I in the amount of
$50,000. The agreement will provide funding for upgrading of sidewalks on SW
64 th Street
Miami-Dade County Public Housing and Community Development (PHCD)
formerly known as Miami-Dade County Department of Housing and
Commuhity Development (DHCD)
$50,000
January I, 20 I 0 through September 30, 20 I I
Amendment One to the FY 2010 Community Develo()ment Siock Graht
Contract between Miami-Dade County and City of South Miami for the SW
64th Street Improvements -Phase I
FY 20 I 0 Community Development Block Grant Contract between Miami-
Dade County and City of South Miami for the SW 64th Street Improvements -
Phase I
1 RESOLUTION NO., ___ _
2
3 A resolution authorizing the City Manager to amend fiscal year 2010 Community
4 Development Block Grant agreement with Miami-Dade County's Department of
5 Public Housing aud Community Development (PH CD) to extend the expiration date
6 from September 30, 2011 to September 30, 2012 for the SW 64 th Street Corridor
7 Improvements Pro.iect -Phase I in the amount of $50,000.
8
9
10 WHEREAS, the City of South Miami was awarded a grant for SW 64th Street Corridor
II Improvements Project --Phase I from Miami-Dade County's Department of Public Housing and
12 Community Development with a contract expiration date of September 30, 2011; and
13
14 WHEREAS, the City of South Miami has been approved for an 12-month extension in
15 the form of a grant agreement amendment with Miami-Dade County's Department of Public
16 Housing and Community Development for the SW 64th Street Corridor Improvements Project -
17 Phase I; and
18
19 WHEREAS, the Mayor and City Commission wish to accept the grant agreement
20 amendment with Miami-Dade County's Department of Public Housing and Community
21 Development; and
22
23 WHEREAS, the Mayor and City Commission authorize the City Manager to amend the
24 agreement with Miami-Dade County's Department of Public Housing and Community
25 Development to extend the expiration date from September 30, 2011 to September 30, 2012 of
26 the grant agreement amendment for the SW 64th Street Corridor Improvements Project -Phase
27 1.
28
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
31 COMMKSSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
32
33 Secti2.!L.L. The City Manager is hereby authorized to amend the grant agreement
34 amendment with Miami-Dade County's Department of Public Housing and Community
35 Development to extend the expiration date from September 30, 2011 to September 30, 2012 for
36 the SW 64th Street Corridor Improvements Project -Phase I.
37
38
39 Section 2: This resolution shall be effective immediately after the adoption hereof.
40
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42
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PASSED AND ADOPTED this ___ , day of ___ , 2011.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
2
APPROVED:
----,---,---
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
Re~olution Number #R~489~10
DUns Number #024628976-
Award Amount i50.000
CDBG 2010
MuniGipality
AMENDMENT ONE TO THE
FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
The contract entered into between Miami-Dade County, a political subdivision of the State of
Florida, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to
as the "AWardee" executed on January 12, 2011, is amended as follows:
1. The Contract is hereby amended to delete all references to "Department of Housing and
Community Development" or "DHCD" and replace it with the said references of the "Public
Housing and Community Development" or "PHCD".
2. Page 3, Section II (C) is amended to read as follows:
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. The Awardee must have the coverage cited
in the new Attachment 6-1(B) of the agreement at the beginning of the contract. 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
Gover the Agreement period, the County shall suspend the Agreement until the new or
renewed certificates are received by the County in the manner prescribed il1 the
requirements; provided, however, that this suspended period does not exceed thirty (30)
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.
3. Page 4, Section II (F)(1), is amended to read as follows:
The original to be received by PH CD 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. .
Page 1 of 3
Resolution Number#R:489~10
Duns Number #024628976
Award Atnount $SO.OOO
COBG2010
Municipality
Government entity shall indemnify and hold harmless the County and its officers,
ernployees, agents and instrurnentalities from any and all liability, loses or damages,
including attorney's fees 13nd costs of defense, which the County or 'hI officers,
employees, agents or instrumentalities may Incur as a result of claims, dernands, 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 Government entity or its
employees, agents, servants, partners principals or subcontractors. Government entity
shall pay all claims and losses in connection therewith and shall investigates and defend
all clairns, 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. Government entity expressly understands and
agrees that any insurance protection required by this Agreement or otherwise provided
by Government entity shall in no way limit the responsibility to indemnify, keep and save
harml()ss and defend the County or its officers, employees, agents and instrumentalities
as herein as herein provided.
4. Attachment B-'I is amended in its entirety and replaced with the new Attachment B-1(8).
5, Page 29, Section IV (A)( 2), first sentence is amended to read as follow:
This Agreement shall expire on September 30, 2012.
6. AttacnmentA-1 is amended as indicated inA-i.
lhe effective date for this amendment is September 30, 2011.
All references in the Contract to the expiration date shall now read the expiration date of
September 30, 2012.
Except for any changes enumerated above, all provisions of the Agreement shall remain in full
foroe and effect.
This Amendment and all its attachments are hereby made a part of the Agreement.
Page 2 of 3
ReSOluutti:l~on~b~~;~~~ Duns ~~
,AWard Amount
COSG 2010
MUnicipality
AWARDEE:
City of South Miami
BY:
NAME: _ Hector Mirabile, ,=.h.D.
TITLE: _ CitYJ\i1anag~::.r __
DATE:
BY:
NAME: ___________ _
TITLE:
DATE:
Witnesses:
BY:
(Signature)
-----... --.;:-cc-;-::-:--
type or Print Name
FederallD
Number: ~-6000431 _____ _
Resolution #: R-489-10 .'-'=--'-"---
Index Code: CD536C16CI
MIAMI-DADE COUNTY
BY:
NAME: Carlos A. Gimenez
TITLE: Mayor
ATTEST
BY:
TITLE:
-----------
----------
Contractor's Fiscal Year Ending Date: _ Septe!!l.2er.?..2~ __ _
CORPORATE SEAL:
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 3 of3
I -~ .. '~~' .. ,,~~ ..... , ~ .w~"'"'''''' Approving the Funded .. mount and Auttlori:zinS Executio.n of the Contract
PHCD, Autho,iz...od Signature Form, Miami-Dade County Affidavits, State of Florida Public Entity Crimes
IAffidavit, Affidavit of Financial ami Conffic\$ of InOOrest Developar's Affidavitt.lJat Miami·Dade County
-----_.--,--_._---,----"-, Code of Business Ethics, ColiuslonAffidavit,
Disclosure Statement. Fair Subcon~-aciing Policies,
990, Cer'jficale of Good Standing. Tax Exemption
I:,::::r,va:-d signed CD6G contract for proceSSing and final execu~ion 10 Miami-Dace County Manager's
JANUARY 1, 2011 THRU SEPTEMBER 3D, 2012
Attachment A·1
City:)f South Miami
SW64111 Street Corridor Improvements • Phase I
CD8G2010
,~00fs~lI\§'~Q~-i59)J~
S10,OOO.00
;,~·-~:!:,::tri~~%1
People
P~5I<' I or 4
SidderslProspec'Jve Contrac:-or
'\t <Jf Sidder's Con$truc~on experience
Construction Contr~ets
Lobbying
?art6o.2 Affirmatl'le Action Program
I"'. ~.ftea~o.'l R.egarding_Oebarmen' .. $uspensiion, Ineligibility and Vaolun:<;,"j Exclusion ·lewef ner
I ransa-etlens
Equal Employment Opportunily(E:;:O} Clause for Gontr:actors Not Subject to exeO'.:iive Order (ECO
I, Equal Oppot!ur;'ty for Special Dlabled Veterans anc Veterans or the Vietnam Era
,E;:;ual Opportunity for Workers wit": Diabilrue$_
!Nonce of Raqutrement for aff,n'native Actio,'ljo Ensure Equal Employment Opportunity (EGO 11246)
Clause for ConU-llctors $!.U:!ject to executive OnW (EGO 11246)
CampHance-wlth Federal Regulations
for Gertineatlon of Nonsegreg<r-e4 FaGilltl~
11738 and EPA Regulationl;"Proyjsi(on
Reg-arding-C ebarment, Supens',on, <lna Other Rssponsib!!ity fkillers -{Dill;lct
JANVA-RY 1, 2011 THRU S~TS."I1e.5R 30, 2012
11/812011
1~la'2011
11/a'2011
11/812011
11/8-12011
1118/2011
1118120.1
1~{8!2011
11/saOll
11/612011
llf8I2V'<l
~118i2011
11/812011
11/812011
111612011
11/8/2011
11/812011
111812011
111812011
111812011
111812011
111812011
11lS"i"2Ull
11/8/2011
111612011
111$/2011
1111712011
<.1/1712011
W1712011
l1f1712011
lU1712011
1111712011
11/1712011
11f17i2011
11/1712011
11f1712011
11117nJ111
1111712011
l11l712Cl1
1,/17/2011
Page Z <R 4
Crt-j"of SQuth Miami
SW 64th Street Corridor !mpr,avements· Phfls-e-!
COSG 2010_
';io;'f1~;1;@'S~«@"ip:qJ_
S10,OC1J.CO
$80,000.00 '-.-. ,,,-~:-. -:';;~9Ki~
People
Att:lohrr:ent A.1
JANUARY 1, 20'11 TftRU SE",n;,~BER 30, 2012
KeVlew \,:;(.; contract i"HI.,;U slam
G_C::CONTRAC_TAPPROVALPHASE InfQrm:li!Qn nc,jded-tO::conW'cl:w!th'_GC)'i{, '<,:ii; "i·,~;",,;,,'i .:::':,' ;<,,~~: ,-11
Notice to Bklders/?ro$pecUve Contractor
Statement of Blader's Construction expenence
CertificatiO/l receipt lU8f2011
LaborStandards form HUD 4010 1118/2011
Wage Determination 11:8;2011
Insurance Requirements 11{8J2011
111&'2011
111&'2011
IIC~~ii~f.~~ ;1-c'~~;;ii~~~ with Part 60·2 Affirmatiyg Action Program II ~ ~=~ ~
CertifiCation Regarding Orug F;-ee Workplacg I 1118/2011
Assurance of Companies 1111312011
Section 3 Requir~menl$ {ff ~ppl1c:lble) 11181
Payment an!! Performar.ce Scm 1118;
1"\11712011
1i11712011
11/1712011
11/17i2011
11/1712011
1111712011
1111712011
11f17J2011
11/1-7:'2011
11f1712011
City Of SOuth Miami
sw 64th Sirae! Corriaorlmprovemen{:;· Ph31>e!
COSG2010
?;~fill~¢£,g§;@;QOl
$10,000.00
seo,ooo.OO
\0E1fG~}(E,1i{f~1j5~
Peqple
ISection 3 Clause il1 ,,!'p!leable) I !118I
Exacuted.GCccntracl i 11/81;.:'.nl I l1i1fUUll F'.
Check oooarment(isl 111E12011 11rr712011 «
Submit GCeont;-act for Division 0; Oeaartmem Director aopwv;al 11/812011 1111712011
!>ase-3 of':'
Attachment A.1
II
... _ .. -.-. -
JANUARY 1, .2011 THRU SE?tS",iSeR 30, 20t2
Att:whmaot A·1
City do Scuth Miami
SW 64th Street Corridor impr~/ements· Phase)
COSG2010
n~~'i.1£iJft%9@{o~
S10.wO.OO
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'.'
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P3ge 4 of4
ATTACHMENT B.l(B)
INDEMNIFICATION AND INSURANCE REQUmEMENTS
Government entity shall indemnify and hold hmmless 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,
wmch the County or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, !lUits, 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 Government entity or its employees, agents, servants,
piutners Plincipals or subcontractors. Government entity shall pay all claims and losses in colllJection
therewith and shall investigates and defend all claims, suits or actions of any kind or nature in the name of
tlw County,. where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue tlJeteon. Govemment entity expressly understands and agrees that any
insurai:ICe protection required by this Agreement or otherwise provided by Government entity shall in no way
Jirnit the responsibility to indemnifY, keep and save harmless and defend the County or its officers,
employees, agents and instrnmentalities as herein as herein provided.
RESOLUTION NO.; 280-10-13314
A Resolution of the Mayor and CitY Commission of the City of SOllth Miami,
Florida, authorie:ing the City Manager to execute fiscal year 2010 grant agreement
with Miami-Oade County's Department of Housing limd Community Development
(OHCD) for the SW Mill 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 64 ih Street Improvements Phase t in an
amount of $50,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION Or THE CITY OF SOUTH MIAMI, FLORIDA:
Segtion 1. That the Mayor and City Commission authorize the City Manager to
execute the grant agreement for SW 641h Street Improvements Phase I with Miami-Dade
County's Department of Housing and Community Development (DHCn) in the amount of
$50,000.
Se9!i.on 2. This resolution shall be eff€lctive immediately upon being approved.
PASSED AND ADOPTED this 1 3, day of Dec:. , 2010
ATTEST; APPROVED:
Commissioll Vote: 4-1
Mayor Stoddard: Yea
Vice Mayor Newman; Nay
Commissioner Palmer: Yea
C(IlIU11issioner Beasley: Yea
Commissioner Harris: Yea
Resolution Number # R-489-10
Duns Number #024628976
Awarded Amount $50,000,
COEIG 2010
Munlcipalitly
FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT
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 §130 Sunset Drive, South MiamI. Florida 33143, and
telephone number of (305) 663-6345, states conditions and covenants for the rendering of Community, t:conomic or
Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of HOuSing
an~ Community Development hereinafter referred to as "DHCD," and having its principal offices at 701 N.W. 1 Court,
14" Floor, Miami, Florida 33136, collectively referred 10 as the "Parties," ,
WHEREAS, the Home Rule Charter aUlhorizes Miami-Dade Counly to provide for Ihe uniform heallh and
welfare of Ihe residents Ihroughout Ihe Counly and further provides Ihal all functions not otherwise specifically
assigned to others under the Charter shall be performed under Ihe supervision of the Miami-Dade County Mayor;
and
WHEREAS, the Community Development Block Grant (CDBG) Program Was authorized by the Housing
and Community Pevlliopment Act of 1974, as amended, with the primary objective of prornoling 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 sllch activities of the Awardee, and the Awardee is desirous
pf providing such activities; and
WHEREAS. the County has appropriated $iO.OOO of CDBO funds to the Activity SW 64'" St ... t Cooridor
!murovemlm!li located at SW 64lh Street from SW 57 d Avenue to SW 6211d A venue. All CDBG funds, eXI:ept those awnrded
to County Departlilents and Municipalities, will be awarded in the form ofa loan that is forgivable If the national objective is
met pursuant to the terms and conditions set fortll herein, including but not limited to Section W(2)(a)( 1)-(2).
WHEREAS, the Awardee shall carry out the activities specified in AUaohment 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
PHCD
24 CFR Part 570 -CPBG
Community Development
Corporation
Local
Department of Housing and Oommunity Development or Its sliccesSor
Department.
Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended -Community
Development Block Grant.
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of low~ and modetate~income aren
reSidents and which Is receptive to the needs expressed by the
community.
Having headquarters in Miami-Dade County or having a plMe of
business located in Miami-Dade County from which the Contract or
Subcontract will be performed.
Low-and Moderate-Income
Individual or Family
A person or family whose annual Income does not exceed 80%
of the median income for the area, as determined by HUD with
adjustments for smailer and larger families and with certain
exceptions as provided in 24 CFR Part 570.
Very Low Income Individual or
Family
A person or family whose annual income does not exceed 50 1%
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.
Gontract Records or Agreement
Records
Any and all books, records. documents, information, qata,
papers, letters, materials, electronic storage data and media
whether written, printed, electronic or eleotrical, however
collected, preserved, produced, developed, maintained,
completed, received or compiled by or at the di,·ection of the
Awardee or any subcontractor in carrying out the duties and
obligations required by the b"ms 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
Properly
Recipient of CDSG funds from Miami-Dade County.
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 tho
Awardee for the purpose of performing work or functions cited
on the Action Step Format (Attachment "A1) of this contract.
SUQcontrSGt
II. THE AWARDEE AGREES:
AllY contractual agreement between a Subcontractor and the
Awardee.
A. The Awardee shall carry out the activities specified in Attachment A, "Scope of selvices," 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 Developmen\ Division (CEDD), 701 NW. 1 Court, 14'" floor, Miami, Floriqa 33136,
relevant cerjificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of
Service (Attachment A). The effective coverage start date of applicable irisurances shail 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 certiflcales 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 andlor 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.
2
If the Awardee falls 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 schedulecj to expire
during the Agreement period, the Awardee shall be responsible for submilling new or renewed
insurance certificates to the County at a minimum of thirty (30) calenelar 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 subrilit
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 end shall investigate and defend
all claims, suits or actions of any kind or nature in the name of the County, where applicable,
including appellate procEledings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. The Awardee expressly understands and agrees that any insurance prptection
required by this Agreement or otherwise provided by the Awardee shall in no way limit the
responsibility to indemnify, k.eep 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 Award,.e shall be
required to achieve the national objective of Benefit to Low and Moderate Income Persons or
Household .• (LMI). (See Attachment B-2). Awardee shall execute and deliver to tho 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 tails 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 1'0 THE REPAYMENT OF
FUNDS, PURSUANT TO THIS AGREEMENT ANDIOR THE PROMISSORY NOTE, tN THE
EVENT THAT HUD DETERMtNES 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.
3
F. 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.
1. 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 vehioies
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 qeductible
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.JrlQllcate (or as
indicated) no later than April 10, 2010, July 10, 2010, October 9,2010, January
8, 2011, April 1 0, 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
Hesolution 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 diractly 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:
4
Section I -Status of Contracted Activities:
The Awardee must report specific Information regarding the ,;,,',IU8 '" II"
contracted activities, including accomplishments and/or delay;; onV.iU:'I;,u'r,(i
during the implementation of the project and an unduplicated "'''.111: ,,' ,'i',i,I:,
served during the reporting period (if applicable) for each federally dchne" """""
category. Awardees engaged in construction and/or hbusing roll<,!,hiHU.i{)i"'t
projects shall report on the progress of their activities including tile n",,";:;' u:
housing units completed and occupied by low-moderate and low in",,,,,,,
residents. The Awardee shall also report demographic information on e,"cl; l'i""
of household. Each goal and corresponding objedive(s), as inciicC1il1ci In 'h'
approved Scope of Senlices, must be addressed as part of this report
Section II w Fiscal Information:
The Awardee must report expenditure information based on approvnd (,: ,(:!" 1'hJ
line items to reflect all costs incurred during the reporting period, In addii;·]I:. i.>~
Awardee shall report on Program Income Usage for each contracted adivii/
Section III -Contract and Subcontract Activltv Report:
Contract and Subcontract Activity Report (First and Third D.uHllC:'i
Report) -The Awardee shall report to OHCD the number of 'lIl,"'i ,(.".
involving minority vendors, including subcontractors performlo\! 'H,:"i, '!i,'i" "
Agreement The "Contract and Subcontract Activity Ropolt' :::" ',,:,
Attachment C, and when applicable Section 3 in the same Atlaciml"," :,Ili'i 'i"
completed semiannually by the Awardee and submitted to DHCr; no 1'.1 'i ""i'
April 1 0, 2010 and October 9, 2010 and April 10, 2011 and Oclol)!)!" ,'i"
Section IV -Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and rhil,'d ('!\~,>ii ,,;-1'
Progress Report) -The Awardee shall report to DHCD Ihe numb"" iii !i(.'«'" '
service area residents who have received employment' "i"
federally financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be sul""i'",,' !i"",i
the Progress Report Form attached hereto as a Seclion in /\I.\:";!::,;;,,,(
may be revised. This section of the form shall be completed ;'ie!iii,,'" ""i',
Awardee and submitted to DHCD no later than April 10, :CUi'.1 ,(",d ' " .. '
2010 and April 10, 2011 and October 9, 2011.
The Awardee shall submit to the COllnty, in a timely I1ldT;tV'
information deemed necessary by the CountYl and itf> pf(.~~;el"l\;;.liinr'
with the format specified at the time of the reque'l\. Fail,,,,,
Progress Reports or other information in a manner satisbdcli",/ tc; 'iht"
Iii
the due date shall render the Awardee in noncompliance whh tid.'·; j\ ii,-'"
County may require the Awardee to forfeit its claim to payrrl(';!it l'-:q',,' ';';t; j,; <
County may Invoke the termination provj;idon in this Awp,(~,;r",;n: ·",'ii'" 1;-.'1
days written notice of such action to be taken.
c. Unspecified Site(s) Objective -If the Awardee hc)S not yet idf')il( 1'11.< ;",; .. ;;.;,."
carry out any of the activities described in Attaehr¥i;-W\', /~, il';'
submit. in triplicate. Progress Reports, using the forrll mlfl(:j-]:.:;d ! ,;. i.';'
Attachment C, on a monthly basis until such time as tho /\V,f'Cd-dr.-'IC· i,ilii!".'>!I< '", '-til:'"
the provisions contained within Section II, Paragraph FA. i,l :;p, i,,,,,"if(.,·."i,
Copies of the above desoribed Progress Heport silail be J'0(;f::i\!e,(j i." :t~;:i ''''!,~
later than the tenth (10th) business day of each manU, Jnd 'i"H;f "LI;' fi"
progress undel1aken by the Awardee during the previous mOI-ltl-,. i i'i!,~ p~ ~q;" .-",
Report shall not be required if the Awardee is slIbrnittitlH II", 1':', iii' " P,.
required by Section II, Paragraph F.2.a and Pl':lra9rapl'i F ,~,l
5
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 nlade
by tpe Awardee in achieving each of the National Objectives identified in Attachment A
(juring the previous year. The "Annual Report" must coVer the CDBG fiscal year of
,January 1, 2010 through December 3'1. 2010 and shall be received by DHCD no later
than January 6, 2011.
4. j;j1vironmenlal Review -The Awardee immediately upon locating or determining a site for
eaGh 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 Envlronmentat Review is to be prepared on
Information contained in Attachment 0, Ulnformation for Environmental Review Form."
Notwithstanding any provision of this Agreement, the parties hereto agree and
ackno~that this Agreement does not constitute a commitment of funds or
site approval. and that such commitment of funds or aJ2.12rgvai may occur onlY.JmQn
~atlsfactory completion of environmental review and receipt by the County of a
release of funds from the U,S, Department of Housing and Urban Developmen!
under 24 CFR Part 58, The parties further agree that the provision of_any funds to
the project is gonditioned on the County's determination to proceed with, modif'Lru:
!,ancel the project based on the results of a §!!!1§eguent environmental review,
6. Audit Report -The Awardee shall submit to DHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that It has cleared any
non-compliance issues stated in the audit, and a written statement from the Auditor that
the audit complies with all applicable provisions of 24 CFR Part 84,26, Part 85.26 and
OMB A-133.
6. Personnei Policies and Administrative Procedures .. The Awardee shali 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.
'T. 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 shan 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 sale 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 Sialus, Bankruptcy, Real Property, or Persor.al "'roperty
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:
6
a, Any anticipated or pending lis pendens, foreclosure action, arrearage, default,
late payment regarding any property of Awardee or Related or Affiliated Parties, including
properties not related to this Agreement. Awardee shall also provide the County wilh 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 bankrupt(;y, 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 entltte 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 influencihg or attempting to
influence an officer or employee of any agency, a Member of Congress, an officei' or
employee of Congress, or an employee of a Member of Congress in cOhnection 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 wilh this federal
Agreement. grant. loan, or. cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instruclions.
3. The Awardee shall ensure that the lang~age in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection wilh this
activity,
H. Federal, State, and County Laws and Regulations
The Awardee agrees to abide by Chapter II-A, Code of Miami-Qade County ("Collnty
Code"), as amended, applicable to non-discrimination in employment, housing and public
accommodation.
Rules, Regulations and Licensing ReqUirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, especially those applicable to conflict of ihterest 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 affecl 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
7
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, OMS A-110, OMB A-21 , OMB A-133, and with the applicable
procedures specified in DHCD's Contract Comgliance 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 1913, 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 et seq. of the Miami-Dade County Code, which requires an employer, who in the
regular course of business has fifty (50) or more employees working in Miami-Dad"
County for each working day during each of twenty (20) or more calendar work w~eks to
provide domestic violence leave to its employees. Failllre to comply with this 10c~1 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 Proteclion 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 annuat 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 CO\1I1ty'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 Soards 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 med 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 assllre that the entities do not discriminate in their
employment and procurement pmctices 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.
8
Any bidderlrespondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for award by the
Board of County Commissioners.
7. Domestic Violence Leave Affidavit -Prior to entering into any contract with the 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-GO 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 teave 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 andlor 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 statinel that the
Awardee has adopted a Code that "omplies with the requirements of Section 2-S.1(i) of
ihe 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, dired or
indirect, with Miami-Dade County or any person or agency acting for Mlarni .. 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'" 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 interes~ 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 hotHne 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 convictod 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 enlity 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 worl( as '\
Aw,lrdee, supplier, subcontractor, or consultant urider 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 ptaced 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 ~ny
corporation, partnership, joint venture or other legal entity having an officer, director, or
execulive 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 lunding 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 viola lion of the Acts, the County will conduct no further business with AWqrdee, Ahy
9
contract entered into based upon a false affidavit, as listed below, and submitted pursuant
to this resolution shall be voidable by the County:
1. Miami-Dade County Ownership Disclosure Affidavit
2. Miami-Dade Employment Family Leave Affidavit
3. Miami-Dade Employment Drug-Free Workplace Affidavit
4. Miami-Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
8. Related-Party Disclosure Information
9. Miami-Dade County Affidavit Reg~rdlng Delinquent and Currently Due Fees or
Taxes
10. Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other
Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavil
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 firm has with
the County, such contract shall be voidable by the County, even if th" attesting firm was not in
violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat
327,42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title
I, Employment; Title II, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Talecommunlcatlons; and Title II,
Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the reqUirements in the Agreement, the Awardee I Department agrees to
comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570,
Subpart K, including the following:
Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order
11063.
Section 109 of the Housing and Community Development Act.
Labor standards.
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub recipients.
Uniform administrative n~quirell1ents and cost principles,
Connict 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;
to
To benefit low-and moderate-income persons;
1. For activities designed to meet the national objective of benefit to low· i,,'6
moderate-income persons, the Awardee shall ensure and ail j(I\,'l!i'\
documentation, acceptabte to DHCD in its sale discretion, lhai
demon"trates that each activity assisted in whole or in part with CDBC lund!> ie-
an activity which provides benefit to per$ons where no less than 51 % of of tho!,!';
benefitted are low-and moderate-income persons.
2. The Awardee shall comply with all applicable provisions of 24 CFR Pal"!. !l!O aild
shall carry out each activity in compliance with all applicable federal laws i·"'''.1
regulations described therein, If the Awardee is a primarily religious e,nrHy i"i
shall comply with all provisions of 24 CFR 570.200 0).
3. The Awardee agrees to comply with (a) the Uniform Relocatiqn AS',is'''''CG iii "
Real Property Acquisition Policies Act of 1970, as amended i';. i
implementing regulations at 49 CFR Part 24 and 24 CFR 570.6013(tJ)i lik
requirements of 24 CFR 570.606(c) governing the Residentiall\nf.irIi8pI8c()IIi'Oi,[
and Relocation Assistance plan under section 104(d) of the HCD Ad: ~Jn(1 Ihi}
requirements in 570.606(d) governing optional relocation policies. (Til'"
may preemept the optional policies). The Awardee shall provide rf;:oc:::rli()(l
assistance to persons (families, individuals, businesses, non .. profit 0;,:':::::;"":'.",''
and farms) that are displaced as a direct result of acquisition.
qemolition or conversion for a CDBG assisted project. The AW:0Irej, p ,)I;,:u
to comply with applicable County ordinances, resojutic;if~:; :"niJ
concerning the displacement of persons from their residenGes
4. For each activity or portion of activity described in Atlachm<m\ ;l, !ii.''''''i ·(,i
which a location has not yet been identified, the Award<'Jf: ~hilil :;h~ ,1;1
immediately after a site is identified by the Awardee, OJ'ICD',; 'iJn i l/:1"
environmental clearance statement and shalf agree in writino to u)rnj.'dy \,'i!:~ ,'1 "'.'
and all requirements as may be set forth in the Site Environrnenla! \,~i<2~i(:')jV\
Statement.
5. The Awardee shall cooperate with DHCD in informing Ihe 8PPli'l,rI;'i'.i. CD;::,
citizen participation structures, including the appropriate area C()mnHf.ie!'~.': ,-,il ilH':
activities of the Awardee in adhering to the provisions of Ihi~" ;\)1 "',cr;'l<':~i-';(
Representatives of the Awardee shall attend meetings of ilw, "Pi"
committees and citizen participation structures, upon th6 l'EHpm';\ ;j 1:1-':
participation officers, DHCD, or the County.
6. The Awardee shall make a good faith effort to address "", :;'ii.V·iI·:,
residents of the affected area. The Awardee shall cOOp0r;3tc~ ',:,'Ill'! rJHCU in
informing the appropriate CDBG citizen participation Gtruc1l!n'!s, j~1I.:tl!:'n!,":iJ ;;
appropriate area committees, of the actiVities of the }\w8rdc~! li'\ ;;dn ;(;,'\C; :,'i nrC
prOVisions of this Agreement. Representatives of the )\v'i:-:Hd,>{; ::,1.;",: {;il:'i, iF'"
meetings of the appropriate committees and citizen }J;)i{I(;ioc,t:i-,', ",tIU,'"
upon the request ofthe citizen participation officers, DHCD. 01 (hi':: (\', :,-,i,;
7. For activities involving acquisition, rehablHtation and/o(' ('181'!io:iH(i' \;r,'···
and which require tho relocation of families, indilfi(ju,:!i,,:; b:,!:~iU_;:<,;'" '~!c; ,\.
industries, the Awardee shall submit a written notification 10 [ht" (': <:i",;': \\,"
Outreach and Real Estate Section of DHeD prior k' ,du ... ""., i •.•••• , •••
and/or dispersing any and all legal occupants wll(; r!.~,:~;it!(;' 2.\( iLL:: !'-I"-i!~,>t\ '),: ;,"
basis of a long or short term lease, When the le~F~!iI,y of ,:w ":h.'(J,Q',;;)il1 {:-",!
family, business, and/or industry) is in question, thE} A~'V'::li'(k;-,,:; shaH i>"\,''lii' !~.\:~,
above mentioned llnit prior to making a determinatinn / .. V/i'.(1'( ':;(,'; "(': ";:\;ii,:i
CPBG funds shall adhere to 24 CFR part 50 anellor pari. oil an", 'i' ';I"i' ",',
regulations of the Uniform Relocation Assistance "nel r:!r'al "'iii .. "",
Act of 1970, as amended,The Awardee !-ll'la!1 ~clop! ,1\iTII{'(i.:':l(j', H,:,:'! ''''>';,,'
Procedures and reqUirements for COBG assisted projOd'i, '(1'1:-:::;;,:,.' '., :':, !t r,',~'
mllst consist of actions to provide information and attract Gli~-iii)k:; c.;i,_;~': {;(,:\ "","-i'"
all racial, ethnic and gender groups to the aw:dl<1(')lo ·-;(·)p!icn"~ ':";,~." "-in
11
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 repOll 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 administrativtl
requirements as described in 24 CFR 570.502
I, 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 conflicllng provision shall be deemed by the pallies 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. Boarel 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 shall not be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
If the Awardee engages In, procures, or makes loans for construction work, the Awardee shall:
1. Contact the 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 Davls-Baoon 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, 1.999; and other related acts, as applicable.
4. Submit to DHCD for written approval ail 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
parcent (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 perc"ht (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 6% until the work is
completed, Completion shaJl occur when a Certificate of Occupancy Is Issued.
7. 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
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
L Audits and Records
1. 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 accordanc"
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 assuranoe 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 tiscal
year for which federal awards attributable to this Agreement have beeh 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 COBG funds, an
internal control review, and a compliance review as described In OMS A-133. A copy of
the audit report in triplicate must be received by OHCO no later than six months followln!)
the end of the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMS 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 OliGD-
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 selVices undertaken pursuant to the terms of this Agreement.
A copy of the audit report in triplicate must be received by DliCO no later than six months
following each audit period.
5. The Awardee shall maintain all Contract Records in accordance with generally accepted
accqunting 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 limes 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 den ned by DHCD, each of the record-
keeping and audit requirements detailed In this Agreement. DHCD shall, in its sale
discretion, determine when selVices 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 Award"e 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
indil'ectly 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 Awar~~e shall ensure that Its auditors share their audit results with must submit the
audit report to DHCD within six month" 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 Heaith Information (IIHI) and/or
Protected Health Information (PHI) shall comply with the Health Insurance POliability 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 lawi
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 disolosures:
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 transmi"1(1I1
records, and/or eiE)ctronic transfer of data), The Contractor must give its customtm~ \Nlitten
of its privacy information practices including specifically, a desoription of the lypeG ;)1 i I~;C?(.: !·~r:q
disclosures that would be made with protected health information.
N. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least ft'''' (b) I'""'"
(hereinafter referred to as "Retention Period") subject to the limitations set forlllildow:
a,. For all non-CDBG assir.ted activities, the Retehtion Period shall be-oin UPCI-) t1 \i:;'
expiration or termination of this Agreement.
b. For CDSG assisted public service activities, the Retention P(.:;riod ~,'h(dt L~':~):!"
upon the date of U.S. HUO's acceptance of OHCD'g annu,,! C,·",!-.'
Performance Report for the year in which the activity is n~porh:;d ;-,\~; i.,vn(':c-;V:',~i
For each public service activity, the Awardee must retain all AgretHN:.ni 1(:(: ild~~
except those relating to real and nonexpendable personal properly.
c. For all other COBO assisted activities, the Retention Period "lull "p.",
U,S, HUD's acceptance of DHCD's annual Grantee Performance n0p1xl y\"(iii/(
each assisted activity is reported on for the final time. For all the. CDftC, .. ""."'d
activities covered by this Section II, Paragraph L.1.c., fhe p,\Nardc';:' i\"l(i:;i f()\-"i:
all Agreement records except those relating to real and nnnf:'->:)'!f)iVinh!ci i ,( t "Of!;-,:
property.
d. For all COBO assisted activities, the Retention Period for all Afll,,,,,,)e'i! '''C'·'lit ••
relatinn to real and nonexpendable personal property shaH b8Qln 'ij;(;I'1 ]j,r ;);;ii:"
of the final disposition of the property.
2. If the County or the Awardee have received or given notice of ally !Ol'id ;l)ri:(:,-':
threatened or pending litigation, claim or audit arising out of the Se,'ljiC,'::':
pursuant to the terms of this Agreement, the Retention Period shall be; e.X[,,\::k.
such time as the threatened or pending litigation, claim or auclit Is. Ii) thl.:' ~;I',k; ;,:\l'F~
absolute discretion of OHCO, fully, completely anq finally resol'l',l1
3, The Awardee shall allow the County, federal personnel, or any pen~(Jn auihO!'I":,;')',i i 'I' 1:-,'.':
Cljunty full access to and the right to examine any of the Agreement 1',)(;1')1 !:; I,ki! II -,I (l":"
required Retention Period.
4. The Awardee shall notify OHCO in writing, both durin;] the penliel1GY ,)1 '.I"".""
and after its expiration as part of the final closeout procedure, of iltl':, ;;ijdi'i·)' ,~ ',I\O:,;i( 'I:'
Agreement records will be retained.
5. The Awardee shall obtain written approval of DHCD prior to disp()(:in9 ;":\ L!fiV /·-,-:'r:~,,:'-',Ti'~':""
records within one year after expiration of the Retention Perk)d
O. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to DHCD, upon request, [\I! /\UrlC)f-)!';'rOi ,j (." ,'I ;,;:', .. , ",'~:
records shall become the propeliy of DHCD without I'e.shictiol'l, :l'~'~:.;'1 ;;-','1\ 'l ", L,:'iii:J(!; ij I
of their use. DHCD shall have unlimited rights 10 ;-:,!i b(Joki>: ""iik:!('!'~ '!i ".lii'-i
copyrightable materials developed for the purpose o'f this !--\qn::f:rne.-il I !\('~:'" hil!:'
rights shall include the rights to royalty-fees; ilontlxdu,:',j\iO, c.1!-tc! 1,11' 'j',) ':,'~:'l;" i! . ·,'t
reproduce, publish, or otherwise use, and to authl)riz('~ o1l10n: in U:,:{' i'll:'" ' ;". ",','1'(,', ii,,.
public purposes.
2. If the Awardee receives funds from, or is uncler regulatorv C())'l\ro) of, d
agencies, gnd those agencies issue monitoring rep()rts, regul.:,<_lory ,): 1/)';1;
similar reports, the Awardee shall provide a copy of ~~ach repol't :{(!(! i',iI>·
communications and reports to DHCD immediately upon sue!': i:1:)i.,';:'L(~:) liili'i" .,,:.";i'
disclosure is a violation of the rules or policies 0f the f(--";9(1!!~jnl'Y 'iqn-":,':1(-';,'. ~!''''
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 ot
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, puplication, disclosure or removal
from the County's property of any information technology software and hardwar~ 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 tl1enwf
furnished by the County to the Awardee hereunder or furnished by the Awardee to
the County andlor created by the Awardee for delivery to the County, even If
unfinished or in process, as a result of the Servir,es tl18 Awardee performs iii
connllction 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 regutatory 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, idElas, deSigns and methods,
specifications and other documentation related thereto developed by th¢ 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 salisn; the performance criteria set forth in the Scope of
Services. Notwithstanding the foregoing, the Awardee hereby grants, ~Ild shail
require that its subcontractors and suppliers grant, if the County so desires, a
perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose
andlor permit any other person(s) or entity(ies) to use ail such Licensed Software and
the associated specifications, technical data and other Documentation for the
16
operqtions of the County or entities controlling, controlled by, under Corntnclll C()H\ro!
with, or affiliated with the County, or organizations which may hereafter !'if! fOI'IlV.,r! bV
or become affiliated with the County. Such license specifically indude;;, [,(I;; n",
limited to, the right of the County to use andlor disclose, in whole or in pi"! ih'
technical documentation and Licensed Software, including source C(lO'/;,:
hereunder, to any person or entity outside the County for such person's or eni.ity'"
use in furnishing any and/or all of the Deliverables provided hereunder exciu'3iv('ily fill'
the County or entities controlling, controlled I>y, under common coniro! wi!ii. ;)r
affiliated with the County, or organizations which may hereafter be formeel hI' ,.1r
become affiliated with the County. No such License Software, speCifications, "cH,C!
documentation or related information shall be deemed to have been oilfC)n (I':
confidence and any statement 01' legend to the contrary shall be void and of no (::ff:,::ci
p, Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to "'''i''''''' '1I"ii' ,,'
investigate activities. The provisions of this section are neither intended nor ::;l"lali they' !J()
construed to impose any tiability on the County by the Awardee or third parties, The provision', i<'
this section shall apply to the Awardee, its officers, agents, employees, subcontract",s, ""i'!,!I,s,
and Related or Affiliated Parties. The Awardee shall incorporate the prOVisions in !hb :.ii::c(ion in :,,;I!
subcontracts and all other Agreements executed by the Awardee in connection \li/iih ll'l:'~
performance of the Agreement.
Miami-Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami-Dade County, as amended, iVliarn"Ui"io i;,;;" ",
has established the Office of the Inspector General which may, on a random basi.~, pfJrforn"i ~:")lE:;;
on all County contracts, throughout the duration of said colltracts, except as (Jlbnn.'!iiw p";,,,,,,,,, , ,
below, The cost of the audit of any COlitract shall be one quarter (114) of on" (I '; I'"I""",!. ,01 "i
total contract amount which cost shall be included in the total proposed arnOun1", ") h,,:~ ;') !,:W (:,.~.
will be deducted by the County from progress payments to the selected Awar(k,,,) 'I" ,,,n',' ':,',
shall also be included in all change orders and all contract renewals and extension:;
EXc.ruillQn: The above application of one quarter (1/4) of one percent fee aSfies~;n L:~"i sfl",[i \'Ii,);
apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal s,,,,vic",,; ,re) ,,,,,,,,,,, "
for financial advisory selvices; (d) auditing contracts; (e) facility rentals and le1>'''.' ,'0",' "'"n" (!
concessions and other rental agreements; (9) insurance contracts; (h)
contracts; (I) contracts where an IPSIG is assigned at the time the contl'acl i< :;y ,,..,,
Commission; OJ professional service agreements under $1,000; (I() manaqemW\iiil'" """",
small purchase orders as defined in Miami-Dade County AdrninistraHve OnJ(')r ',J, 'ie:,; ;',:d'
state and local govemmentMfunded grants; and (n) interlacal agreemen'll~ N",: ,'L,; :'AUJii}i,: ;\, Ji';'"
foregoing, the Miami-Dade County Board of County Commissioners may au1~QLl;~;;'::.r! :.;r"'>h:~~;'.V;.: i ,;
the fee assessment of one quarter (114) of one percent in any exempteQ.l;.QDJr.W;,~ atiLt,;,?, ji:.T!~:': ;')~
award"
Awardee consents to the powers of the Inspector General. The fVIia!YI1-D::,d(;~ (---"" 1/; .'<",l
General is authorized and empowered to review past, present and proPC}SC(1 (.;-" ''-' -:,;!:;".,
transactions, accounts, records and programs. In addition, the Inspector Gl~nni'cli 1\:,:\;, lh,:'~ 'i,Y'"
subpoena witnesses, administer oaths, require the production of records and n",o i~~i . -'<,".,1,'; .
projects and programs. Monitoring of an existing project or proqfam )(i::'1',:;,i,:· -"lil
concerning whether the project is on time, within budget and in i;' I!"
specifications and applicable law.
Upon ten ('10) days prior written notice to the Awardee from tho !nsplccior \.>;: ,' .. '
retained by' the Inspector General, the Awardee shall make all (equt:!sl\';-d i',,-',~' 'i"':\" ,;',';' ;'i"" ':'ii'.
available to the Inspector General or IPSIG for inspection and copying, TI'w Il'PSP(> \.nr (:':,'ii t :; ;(
IPSIG shall have the right to inspect and copy alf documents and r~~c()td~) Ii"! IIp''': '\', f(ji'(lr-,;,-' .
possession, custody or control which, in the Inspector General or lPS1G':s ~-;OI0 ::,c::!'!,;:\':',
performance of the Agreement, including I but not limited to ori!]lnal ef;ttnv~ti:; ·,;,t,y·" h,,;~,+'
proposals and Agreements from and with successful and unsuccessful gdvc·: i: ,:~(;ior;',; -';','-1
suppliers, all project~related correspondence, memoranda, instructions, fli"lJ!!C;;·:,i :'t(),:'!r~'''''"
construction documents, proposal and Agreement docllment~~, b8c1H~h!,11\)(' ;)1)","1"1 :"~:'i:; ;:j\
documents and records which involve cash, trade or volume discounts, in:;',;.lf;)i.'i;',~!':! ():'O<:'·'.' :L't
rebates, or dividends received, payroll and personnel records, and SUPPOi'li:"\lj 1\", . ,"",""" l'"'"c
the aforesaid documents and records.
17
Independ@.nt Prjvate Sector In§Q§9tor General Reviews
Pursuant to Miaml·,Qade 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.
~:ommission Auditor Access to Records
Pur.Uant to Ordinance No. 03-2, Awardee shall grant acce.s to the Oommission Auditor to all
flnancial 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. DI-ICD shall have no obligation to approve payment of any expendllure
(resulling from an agreement or subcontract) which was Incurred prior to the approval by
DI-ICD 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 disposilion of all real, expendable personal, and nonexpendable personal property as
defined in Section II, Paragrapi] 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 ior 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 II, 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 auth",ized 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. andlor 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
18
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 confliot of
interest provisions apply to any person who is an employee, agent, consultant, officer, or elected
official or appointed official of the Counfy, or of any designated public agericies or sUbrecipients
which are receiving funds under the CDSG Entitlement program. The Awardee certifies and
represents that no officer, director, employee. agent, or other consultant of the County Of 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 connicts 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. » 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 thrllugh DHCD for a perioq oi 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 conmet 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 revenl,les; or
Ii) is an employee, agent, advisor, or consultant to the Awardee or to the bElst of the
Awardee's knowledge any subcontractor 01' 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 ils sale 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 conmct of interest. In the event there is a difference between the standards
applicable under this Agreement and those pl'ovided 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 Awards'e receives from the Project Manager In regard to remedying the
situation.
T. Intentionally Left Blank
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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 Uile 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 permlt(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 tnvoice 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 StGNS ARE SECURED IN PLACE, THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAtL SHOWN IN ATTACHMENT F.
Payment for furnishing, instailing and maintaining the sign shail be under the bid amount frlr
mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, Of services
to fulfill this Agreement from minority and women's businesses, and to provide these sourceslh<l
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 ail 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 Agmement, 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
21
location of the person(s) taking <1pplications for eaoh of the positions; and the "ntieipated
date the work shall begirt
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 acllon,
as provided in an applicable provision of the subcontract or in this Seotion 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 nottce 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 emptoyment positions, inCiudihg training
pOSitions, that are filled (1) after the Awardee is selected but before the Agreement is
executed, and (2) with persons other than those \0 whom the regulations of 24 CFR part
135 ",quire employment opportunities to be directed, were not filled to circumvah\ 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 susperision 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 anel opportunities for
training and employment shall be given to Indians, and (Ii) preference In the awMd of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this Agreement that are subjeot 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 t3 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
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, exe/uding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
22
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 prop""y or ,.,
nonconsumable nature, with a value of $750 or more per item, with a nzmY!i:d
expected life of one or more years, not fixed in place, and not an integwl t:Mr! 01
a structure, facility or another piece of equipment.
d, Expendable Personal Properly: All tangible personal propel1y ("hill li,fili
nonexpendable property,
2, The Awardee shall comply with the real property requirements as stated belew:
a. Any real property under the Awardee's control that was acquired or improved I:i'l
Awardee or DHCD in whole or in part with CDBO funds received Iroln DHCU fi,
excess of $25,000 shall be either:
1) Useq to meet one of the three (3) CDBO national objecllves until Ii\l,'
(5) years after Ihe expiration or termination of this Agmell!i,ni, 0' ii"
such longer period of time as determined by DHCD in it~~ M,! ';"n
absolute discretion; Of
2) Not used to meet one of the three (3) CDSO National Obl",,:;\I('; i;, "d'
event the property Is not used to meet one of the national objl)div\·.!s tni
five (5) years following the expiration or termination of this {\ni"i::',YI)('ii'"
or such longE;l:r period as determined by DHCD, the f\i{'l!;\fdr;-;; ;ih,,\ 1. 1:-,
the sale discretion of DHCD, either pay to DHCD 81'1 "'iI'.".""
the market value of Ihe property as may be delerminod bV ,',
sole and absolute discretion, less any proportionate pOrfk)l'; oj 1'i rc" ,/{ilti(:
attributable to expenditures of non-CDBG funds for acqui~;iti(:n of, (Ii
improvement to, the property or transfer the property to DHCU <'j t')f)
cost to DHCD, Reimbursement is not required aftt:lf (h(:') fJ(:;li':J(j of ijj'(I~-l
speolfied in Paragraph W,2,a,1" apove,
b. Any re~1 property under the Awardee's control that was acquired (Ji' ,'i
whole or in part with CDBG funds from DHCD for $25(001) 'Ii I,·,,, "",,! ",
disposed of, al the expiration or termination of Ihis AfJf"Hl",""" ,,;Y'
with instructions from DHCD,
c. All real property purchased or improved in whole or in part \Nith juno,',; 1'-(,';,1"\ iLL-:
and previous Agreements with DHCD, or transferred to thr, ,1i,v/Wdl.)C :',ijel-i ,:);';q
purchased in whole or in part with funds from Df·ICD. ,,1181i L'(' rIC",,, 'i! ,;,:'
property records of the Awardee and shall Include a leflrd dF;~';c"ii-"i.'{\·" ,;,1','''' ;j;',i,
of acquisition; value at time of acquisition; pre$(:mt rnari~::-;i: '/ 'Jill':' I': ,,;,'::;;'\j
condition; address or location; owner's name if diffen'Jnt fro:(! (j'I":' ~'",jJi-Ji'dl;t'
information on the transfer or disposition of tho properly; ':)I\t! :~-!;,:':-'i iI', 'ji, ;'i(;H"
whether property is in parcels, lots, or blocks and showin~'j adj};,1 i;H1, ,',d, "';";i,') ;';;' ,
roads. The prdperty records shalf describe the prOW8rrl(na!ir, lC-' "',;>!.
the property was acquired and identify the CDBG natiooai 'i':li '
met. If the property was improved, the reGords shall d0~\crlb(!
purpose for which the improvements were mado and idun!.!!\' 1(1"; : i"",j,·'!(' .. "
objective that will be met.
d. For awards involving the purchase or Improvement of real proper),!, (hi;', '\f'!;,-iii,il;J~
agrees to execute a mortgage, loan document, or restrictiv(;; I "",;~, :-i:.::ni ~\'i ;h;"
CDBG award with DHCD within 180 days after the exc;cllliul1 ",i1 " "Ui, ."",;:,
Failure to comply with this requirement may result in {hE! retmdi( n (,i ;I)" t I, I
award for the project and termination of this agreement.
e, All real property shall be inventoried annually by the ;\waldu, ,,,.,; 'i" u",,·;·,,·
report -shall be submitted to DHCD. This report nhaH !nell!(k~ iI'" ;';1':, "':-r\i':,~ ::
in Paragraph W,Z,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 -Capilal Equipment and Real Property
All capital ilems 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 selvice life in
excess of one year; (2) is either complete within ilself or is a major component of anoth~r
ilem of property; (3) by definition cannot be described either as supplies or malerials;
(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). tf the Awardee disbands, beconies
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 capilal 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 wilh 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 oondition; and information 0"
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 repoli shatl include the elements listed in Paragraph W:l.a.,
above.
c. Title (ownership) to all nonexpandable personal property purchased In whote oi'
In part with funds given to the Awardee pursuant to the terms of this Agreement
shall vest in the County and DHCD.
5. Th" 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.
)(. Program Income
1. Program Income as defined In 24 CFR Part 570.500 means gross income received by the
Awardee directiy generated from activities supported by CDBG funds. When Program
Income is generated by an activity that is only partially assisted with CDI3G funds, the
income shall be prorated to reflect the percentage of CDI3G 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
applicabte federal regulations or rules, or any County rules or ordinance.
24
a. The Awardee shall comply with the Program tncome provIsions in OliCO's
Contract Compliance Manual. If any Program Income provisions of the QQDtract
Compliance Manual conflict with any Program Income provisions of this
Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to OliCO 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 OliCO. This information, along with .!!.phegk
payable to Miami-Oade County for the generated Program Income"...!Ilusl.h.~.
submitted quarterly as .!lert of th~ Fiscal Section of the Awardee's Progres"
Reooas outlined .In Section .!lJ'aragraph F.2.a. Th'LQm!n!Y..!!lllYJnits sale
discretion allow Awardee to Use Program Income to carry out ellqlbl~ctivltie!!,.
The Awardee may request to use Program Incmpe for eligible activities.
c. If the Awardee requests to use Program Income, the Awardee shall provide to
OliCD a written explanation of the activities to be essisted with Program Income
and shall obtain DliCD'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 CDSG 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 CDSG funds for that activity.
g. All Program Income from nonrevolving loan activities shall be SUbstantially
disbursed to carry out other DHCO approved CDSG eligible activities, and to
cover operational costs before requesting additional COSG funds.
h. Any proceeds from the sale of property as detailed in Section 11, Paragraph
W.4., above, shall be oonsidered Program Income.
i. 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 COSG 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 lump sum drawdown, or cash or investments
held for Section 108 security needs).
4. DHCD, In its sale and absolute discretion, reseryes the right to pursue other oOurses 6f
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses
shall conform to the requirements of DHCD's Contract Compliance Manua!.
Z. SubGontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall hot subcontract any
porlion 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 contraotor, subcontractor or assignee is listed on the U.S. HUP's
debarred, suspended, or ineligible contractors list; Awardee shali use, at a
minimum, US HUD's Exoluded Parties List System to confirm clearance of
contractors. The system may be accessed at https:llwww.epls.qov( 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://w''y!£w,miam,idade.qov/sba/reports-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 il was checked.
b. Comply with all CDBG requirements, as applicable, es well as the regulations
specified in DHCD's Contract Complianoe M@ual.
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 reflulatory 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 oarry out any eligible substantive programmatic service, as may be defined by
DHCD, set forth in this Agreement. DI-ICD 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.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other document.
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 consullant subcontracts this addltlQnal provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
seGurity, income tax with holdings, retirement or teave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services.
4. the Awardee shall receive from DHCD written prior approval for any subcontract
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 me
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:
1. 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 sale 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 end
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 subcontractorsend suppliers, all release of liens from
alII 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.
27
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 tenns 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,
5. All payments will be limited to the quarterly payment schedule that accompanies Ihe
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 falls to comply with this requirement, the Awardee will forfeit
all rights to payment(s) if DHCD, in its sale 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 tnis
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
contrQlllng financial interest in order to secure repay!nent 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 slWIl return to DHCb, 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 th .. 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 requesl of the County execute any and all documents,
including but not limited to, mortgages securing the property, UCC finanoing stat$ments,
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 ulilize 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 comminule funds provided I.IIKk),. i.h"
Agreement with funds received from any other funding sources, but may bo incll.J(li:?d ii'i ;'~
Development Bank Account permitted by the first mortgage lender at the discnHion of d ;;"
County.
III. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and con<.illin'i,i
contained within this Agreement in an amount not to exceed $50,000.
IV. THE AWARDEE AND DHGD AGREE:
A. Effective Date
B.
1. This Agreement shall begin on January 1, 2010. Any costs incurred by the Ilwardc" IHI'.,
to this date will not be reimbursed by the County.
2. This Agreement shall expire on September 30, 2011. Any costs incurred by tho (WI?i",!''''
beyond this date will not be reimbursed by the County. The term of this agre""il",1 .HiC)
the provisions herein may be extended by the County to cover any addilonol U!!"!c ,t,i:':_i-icd
during which the Awardee remains in control of the CDBG funds 01 (llilo. ;). 'i,'"
Including Program Income to support CDBG eligible activites. Any (',!"""",,,,,. !)!i'G,)
pursuant to this paragraph shall be accomplished by a writing by liv:; C )(if'\\:! fi', 1Ti(~
Awardee. Such notice shall automatically become a part of this Agreem",,!.
3. This Agreemen! may, at the sale and absolute discretion of the Count'! ind !~" i!:f
remain in effect during any period that the Awardee has control over /\un.;:\,:()~t"('I: f':,(}',,-l:';
including Program Income. However, the County Shall have no obllgallo!; " ""'I",,!:'I;i"
to make any payment, except those described wilhin Seclion II, Para9rap": 'If I,,;vl'.',·
any type of assistance or support to the Awardee if this Agreement has (7:'Xpil'\~d If I' hi' ;;,
terminated.
4. Management Evaluation and Performance Review
1.
The Department may conduct a formal management evaluation and perfonna )(; i !, 'd(~,;/
of the Awardee, if in the Department's sale dIscretion it is deemed nC:<:k;\;~~;V\f np"!
applicable. The management evaluation shall reflect the Awardee':i i:{)r;'il)i'hiC; ,,-'J,'r!
generally accepted fiscal and organizational standards and practiGG8. nw ;:::-';i"
review should reflect the quality of service provided and the \faille ,,':u,!'J:~(\ ,~,!"<
monitoring data, such as progress reports, site visits, and client survc~ys
befault or Breach
The Awardee shall be in default or breach of Ihis Agreement if any 01 til';
fol/owing acts, omissions or conditions occur:
a. The Awardee fails to fulfill each and every proVision of thi's /IG"'''''' '" .::)(,'; ::!_'O
Attachments and fails to provide the services outlined in th0
(Attachment A) within the effective term of this Agreem", ,\.
b. Awardee fails to disclose all Helated or Affiliated Parties aii'I ,dl ,,,,,,, ""i'"
to be disclosed as to Related or Affiliated Paliies ;0 Oi .. ' :'~\.lil(:'i;' il:<ti"':c.
herein.
c. Filing of a lis pendens, foreclosur~ action, or other leo a) ad,kJi! :'\\dn:·;! .'1',:'
Property, any property of Awardee or Related or Affilla(ed ";.(" ,,' "',"
Awardee or Related or Affiliated Party which the County delen,}!"," '" ",
discretion, threatens the Property or the ability of Awardee (0 (ulllil ii"." p""J' ,'U"
of this Agreement and the services outlined in the Scope of Sf.J,\}i(;r~:",
d. Any arrearage, default, or late payment on any loan, Note 01 (!ii"1( ;,\,,,',i' i\'
obligation for which the Property is security or req<Ji'din .... j ':'I,'ri 1'.1," ",d',
29
Awardee or Related or Affiliated Parly, 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
sale discretion would materially impair performance by Awardee of all the terms
and conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1)-(2) ofthis Agreement.
C. Suspension
1 . The County may suspend payment in whole or in part under this Contract by provicting
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 spec:ify in writing the actions that must I>e 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 Ihe 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 sale 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 l)ubcontractors;
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 Of 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 con'active
action(s).
D. Termination
1 . 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; andlor (c) terminate or
cancel any other Agreements entered into between the County and the Awardee. The
30
Awardee shall be responsible for all direct and indirect costs associated with such
termination, including attorney's fees.
2. Termination for Convenience
DHCD may terminate this Agreement, in whole p~rt, 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, reselVes 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.
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should
funds to finance this 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 recEOipt "'quested, or in person with
proof of delivery. DHCD shall be the final authority to determine whether or not funds ?re
available. DHCD may at its disoretion terminate, renegotiate andlor adjust the Agreement
award whichever is in the best Ihterest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee maY, at its discretion, request in
writing from the Director of DHCD a release from its contractual obligations to the County.
The Director of DHCD will review the effect of the request on the community and the
County prior to making a final determination.
5. Termination for 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.
6. 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;
7. Termination for Bankruptcy
The County reselVes the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding. or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a SUbstantial
portion of the property of the Awardee under federal bankruptcy law or any state
insolvency law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by
written notice to the Awardee, terminate this Agreement upon no less than twenty-four
(24) hours notice. Said notice shall be delivered by certified mail, return receipl
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 ternis 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 provicled 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 th?
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. Suoh individual or E",tity shall
be responsible for all direct and indirect costs associated with suoh 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:
1. Awardee shall be liable for all damages, inoluding but not limited to:
a. lost revenues;
b. the difference between the cost assooiated with procuring Services hereunder and
the amount actually expended by the County for reprocurement of Selvices, 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, im<f
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 SettlemenJ. If termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs inourred by Awardee prior to notice of termination.
DHCD shall be the sale judge of "reasonable, allowable costs." All compensation pursuant to this
Article is subject to an audit.
32
F. Renegotiation. Modification and Right to Waive
1. 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 sale and absolute discretion, that federal;
state. andlor County revisions of any applicable laws or regulations, or increases or
decreases in budgel 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 andlor 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 qy the
Director of the Department of Housing and Community Development.
3. DHCO may, for good and sufficient cause, as determined by DHCD In its sole and
absolute discretion, waive provisions 1n this Agreement or seek to obtain such waiver
frorn the appropriate authority. Waiver requests from the Awardee shall be in writing. Any
waiver shall not be construed to be a modificatioil of this Agreement.
4. DliCD's failure to exercise any of its rights under this Agreement, or DHCD's waiver of a
provision on anyone occasion, shall not constitute a waiver of such rights or provision 011
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
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply
with DHCD's Contract Compliance Manual. These revisions shall not require a Agreement
amendment unless the amount of this Agreement is changed or unless otherwise
required by DHCD. Ali budget revisions shall require the written approval of DliCD.
DHCD shall have no obligation to approve payment of expenditures incurred prior to the
approval of tha budget revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding aliocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Award"e
advising of the funding reduction shall be sent by DHCD no later than 5 working days (If
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 sale a[ld 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 negoliated 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.
Ii. Compliance
This Agreement may, at the sale 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 alter<;ltions, variations, modifications, extensions or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, duly approved and signed by bot"
parties and aUached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
I. Disputes
In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the
questions, including the views of all interested parties and the recommendation of DHCD, to the
County Manager for determination. The County Manager, or an authorized representative, will
issue a determination within thirty (30) calendar days of receipt and so advise DHCD and the
Awardee, or in the event additional time Is necessary, DHCD will notify the Awardee within the
thirty (30) day period that additional time is necessary. The Awardee agrees that the Co~nty
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 only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its Agreements to
the County Manager for bidding and award in accordance with County policies and procedures.
L. Proceedings
Tills Agreement shall be construed in accordance with the laws of the State of Florida and any
proceedings arising between the parties, in any manner pertaining or relating to this Agreement,
shall, to the extent permitted by law, be held in Miami-Dade County, Florida.
M. Notioe and Contact
All notices between the Parties shall be in writing and sent by registered or celiified mail and
addressed as follows:
34
TO AWARDEE:
COPY TO:
1"0 COUNTY:
COPY TO:
COPY TO:
COPY TO:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Buford R. Witt, Acting City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Carol Aubrun, Gants Writ'" & Administrator'
Miami-Dade County
111 N. W. 1st Street
Miami, Florida 33128
Attn: County Manager
Department of Housing and Community Development
701 NW 1" Court, 14'" Floor
Miami, FL 33136
Attn: Shalley Jones Horn, Director
Department of Housing and Community Development
701 NW 1" Court, 14'" Floor
Miami, FL 33136
Attn: l.etitia S. Goodson, Projeot Manager
Assistant County Attorney
County Attorney's Office
111 N. W. 1st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this ,:;
executed, or the Awardee changes its address, notice of the name of the new ,"pm"",,!. Ii,!!",
new address will be rendered in writing to the other party and said notification aH;:lch0d tn t,i(I':1i1',:,-;i::
of this Agreement.
In the event that any of the information required by the proVisions of this Adi<;!r,; it~ ,:;n::f!'i((f;,-" i',/
either of the Parties after the execution of this Agreement, the affected Party "m,:: ,,'f" i(ii,:,i'
writing within five (5) days to the other Party of the amended pertinent informr;Uo" ".:t':"il'i''i :"
attached and incorporated into this Agreement.
N. Waiver ofT rial
Neither the Awardee, subcontractor, nor any other person liable for the resp(lnui!Jj!iI.i(~:'~, i.'Jl+~'i ~!:{';' ,,-
services and representations herein, nor any assignee. successor, heir or perr3ol,ni ~-',~ii')l'C:: ,:,'ri':iii\-'('
of the Awardee, subcontractor or any such other person or entity shall seek a :;,""
lawsuit, proceeding, counterclaim or any other liligation procedure based upon 0, ')'
Agreement, or the dealings or the relationship between or among such persGn~) (),. ;';i "i ;-i
of them. Neither Awardee, subcontractor, nor any such person or entity wfH SU(~)" :~(} ' .. ;),,;( :\1,"1!1;
any such action in which a jury trial has been waived. The provisions of thts pr?H!9i';::IP(-, lJ;'; 'i' i ;»:',
fully discussed by the parties hereto, and the provisions hereof shall be subiect ii) "i' ,
No party has in any way agreed with or represented to any other partv ttw.)' 1'iV!' 1;'[
this paragraph will not be fully enforced in all instances.
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispos', 01 ;;"", (",'(" '"i
including any rights, title or interest therein, or its power to execute such Agreemen!' in :,r;'),! i_'.L -i"I"
company or corporation without the prior written consenl of the County,
35
P. Third Parties
This agreement is intended for the sale 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 expira1ion 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 recipiant 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 employ,'e, 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 piaces, 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 Awarde" does not have the power or authority to bind the County in any promise, Agreement
or representation olher 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
Ai -Action Steps: Attachment B -Budget: Attachment B-1 Idemnification and Insurance
Requirements: Attachment B-2 -CDBG Program Requirements: Attachment C -Progress Heport
and Set-Up Forms: Attachment D -Information for Environmental Heview: Attachment E -
Certification, Statements and Affidavits: Attachment F -Publicity, Advertisements and Signage;
Attachment G -Fair Subcontracting Policie,,: Attachment H -SubcontractorlSupplier 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 andlor 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 Gommissioners, the
SLR amount shall prevail.
Any Awardee granteq 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 nol, iinli1'()(j \(,
the Awardee's obligation to indemnify the County, will survive the term, terminalii''' \Jnd
cancellation hereof. Accordingly, the respective obligations of the Awardee and the COHnl" l.mdcl
this Agreement, which by nature would continue beyond the termination, cancellation ()( ex!)ii'("ti,.,Ii'!
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, ElQris!'l "',m,IlI"".
particularly Sections 617.0830 through 617.0835 as amended, which are incorporateci
reference as If fully set forth herein in connection with its Agreement obligations herelJi)(j.:'V
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida StaM!!.,' .. pari;, .. "!,,, IV
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by ref<m;I""" "., If
fully set forth herein in connection with its contractual obligations hereunder.
37
","em'" ,""w'. <c. "'";" , •• ro ""J,W' '"' '"a' -Ei9~ (38) page contract to be executed by their undersigned officials as duly aulhorized, this ~ day of tv :....201~.
I
AWAI~DEE: M MI-DADE COUNTY
City of South Miami
BY:
NAME: Hector Mirabile I Pk..I>·
BY: -;;-_ /Ar~' ---.----
NAME: =if-I Carlos Alvarez ___ .
TITLE: Mayor
TITLE: City Manager
DATE: \D e (t,n\ \o.if [1-, ;< 0 \ ()
BY: C~l&Qi (~¥Z~~Y;f/
NAME Maria M. Menendez ___ ~Ij; l&AJv
__ ~.Jl::..:: (ii. I!! ' I ()
TITLE:
DATE
BY,
Type or Print Name
Federal ID Number: 59-6000431
ResQlulion II: R-489-10
Awa.rdec's Fiscal Year Ending Dale: September 30 th
COF<PORAT~ SEAL:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
38
._ .... _--,_ ... _------_ ... _-,
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
---------'---------------------~~~~~~-----------------------City of South Miami
FY 2010 Scope of Services
___ ~. -"'_~,; ______ .... ________ J~a~n~u~a~ry~, ~1~,2~0~1~0_-_S~e~p~t~em~b~er_3_0~,~2~0~1~1 __________ ~-----_____ •
I.
2.
3.
4,
5,
-ACTIVITY TITLE:
lDIS#:
INI)EX CODE:
RESOLUTION II:
DUNS II:
ACTIVITY 1/
-ACTIVITY DESCRIPTION:
2. -Activity Category:
2b. -Objective:
2c. -~ Ol\lcome:
-APPROVED BY BCC:
Other Funding Source and Amount!
-TOTAL I'ROJECT COST:
-HUD INFORMATION:
Sa. -HUD matrix code:
5b. ~ HUD Activity Type:
50. -Eligibility
6. -ACCOMPLISHMENTS:
7,
6a. -Number ofUnils:
6b. -Type:
-NATIONAL OB,JECTIVE:
1'0"1111 # ofLow/Mod in Service Area:
Censlis Tract:
Block Group:
8. -ACTIVITY ADDRESS:
9. -LOCA'I'I0N:
N)<SA:
District:
10, -LABOR STANDARD applicable
Type of Work:
SW 64 111 Stl'~~t Corridor Improvements -Ph~se I
-=~~~----------------------.-----------CD536CI6CI
R-489-10
024628976
.).0043031
Street Improvements and reconstruction along SW 64 th Street from SW 571h
AVenue (Red Road) to SW 62"" venue to include brick pavers, 4R way stop
sign with traffic roadway improvements along this cOl'ridor. Will benefit 952
people from the area.
CapitalI.mpl'ovemcnt _.-:-_______ _
Create Suitable Living Environment
Sustalnability
Amount: $50,000 Soul'ce: CDBG FY: 201Q
South Miami CRA $10,000
$60,000
03K,-;-;-____ ----,-__________________ _
Street Imm'ovements
570.201 (c)
952 -":""--0-_-----._------_________ _
People
----------_.-570.208(a)(1) L"'M"'A'--________ _
~-.. ------
76.03
SW 641h Stl'eet from SW 57 1h Avenue tQ SW 62 ntl Avenue
South Miami, Florida 33143
South Miami
07
--------------.. -~
o Building 0 Residential [J Highway o Heavy
COMMEN'l'S;
:;. PROJECT MANAGER: Letitia S. Goodson PLANNER:
;,~~j; ,',r:'~:-:;
;',C-r:.NC( '--i.~'._; ~
• -, ,:;-C'-,o.-"
,-=, ;;,-i)~;h::' :3C ':::,~E
;\>v,GUNT: 5;;,,_ "_.'
Ti::;TA.1.. ,4,CT1Vf1Tf COSTS
jG,AL AVA1LA8LE FUNDING (Malchir.g by eRA}
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLiSHMENT UNITS:
TYPE:
-s£;:
:i;,;.;,OG,;;-
9~:2
352
People
PERCENTAGE OF
COMPLETION
QUARTERLY
SERVICE UNITS
APPROVED
Page 1of2
PROJECTED
PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS
ICUMULATIVE
PERCENTAGF OF
CUMULATfVE
SERVICE UNITS
CUMUlATiVE
REIMBURSEMENTS
. .:0,,::,, .. <::\";'\";:,:';
, "T·-, "ry
;::'_'~iGi~G sc .'.::~CE
Af}QUNT:
T-0 '; AL .A.CTIVIT1Y CCSTS
TOTAL AVAILABLE FUNOlNG (Matching by CP-A)
PROPOSED ACCOMPUSHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
'-'F :",-
":,':',':
C,-::(.",,-,,.
:iir:(.\!
S,(-,OG0
952
952
People
PERCENTAGE OF
COMPLETlON
APPROVED
QUARTERLY
SERVICE UNITS
APPROVED
Page 2o.f2
PROJECTED
PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS
ICUMULATNE
-PERCENTAGE OF
CUMULATNE CUMULATIVE
CITY OF SOUTH MIAMI
SW 64th Street Corridor Improvements -Phase I
CDBG
FY2010
SUMMARY BUDGET
January 1, 2010 thru September 30, 2011
PRIOR YEAR FY 2010 NON-DHCO
CAtEGORiES FUNDING FUNDING FUNDING
I. Personnel $0 $1,"122 $0
II.Contractual ServiCes $0 $5,000 $0
III. Operating Services $0 $0 $0
IV. Capital Outlay $0 $43,278 $10,000
TOTAL BUDGET $0 $50,000 $50,000
Attachrm~nt B
TOTAL
'~""-""""~' , .
$'\. ?'::!.?
$5,{)G{)
$0
$f)3\~~'/,:)
$fi(Hii'ii)
SOl,JRCES OF OTHER
fUNDING TOTAL AMOUNT
South Miami eRA $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
PP Non-HCD DHCD Tota/HDCD 401ii--PERSoNNEL-Erne/oyee
Regul~r~ Sa,laries
PubUQ Works Director
Chief Acco~lnlilnt
Grants Administrator
Sub-Total Salaries
--Fringe BenefIts
FICA (salaryX7.65%)
ub~Total Fringe -
atal Personnel
Conttactual Services
1011 External Audit
1012 Environmental Audit
2
2
2
2
2
2
~
1.030. Oll)er, Pr~fessional-Svc Const Mgmt
10.30. Other Professional Sve
2350 Bottled Water
5330. Rent, Copier
$511 Buildinn Rental
Total dontractw"
onerating Expenses
-
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
--
$ 800 $ SOO
$ -$ -
$ 800 $ 800
$ 1,600 $ 1,600
-$ 122 -$ 122
-122 $ 122 $
$ 1,722 $ 1,722 -
$ -$ -
$ -$ -
$ 5,000 $ 5,000 -$ -$ -
$ -$ -
$ -$ --$ -$ -
$ 5 000 $ 5,000
Attachment B
Total All Sources
$ ---;:;;;;-~~Q.. $
$ ~gg. $ 1,60~~
$ 122
r-----:rif
$ 1,7~~
$ -
$ -
$ 5,000
$ -
$ -
$ -
$ -
$ 5,000 -
310iTTeiephone Regular $ $ $--$~--:'
31011 ~~~!'.e_L_On_g'''.!2..''"i'!-''''ta-~-cC:-e -----t----fC$;:----I-"'$----fC$"". ---;--;;;$ ___ -_-__
3161 Postage $ $ $ $ -
31420Adveltising Radio_·. $ $ $"--$ -
iotal Operating Expens~ ____ -'-_J_$ __ ':'-J..!.$ __ "":'_L:$, __ ..:.,.-,-.!C$ -
Commodities -31510 Outside Printing $ -$ -$ -$
9!:i02;O Oomputer Purchase $ -$ -$ -$
-47010 Office ~upp!i?s! Outside Vendors $ $ $ $
.. ---
Total Commodities $ -$ -$ -$ ---
;ap;ta/Outlav
----
61625 I 10,OOC 43,278 43,2T8 53,2'78
Total Capital Outlay 10,000 43,278 43,278 53,21a
ITOTA~BUP~G~E~T~' ________________ r=L--LI~$~I~O,~OO~O~I~$~~50~,O~o~o~IL$~5~0~,0~OO~I~$~ ___ -"6~O,~oo~ol
l>QURCES OF OTHER FUNDING TOTAL AMOUNT
So~th Miami CRA $65,000
17
ATTACHMENT B-1
INDEMNJIlICA TION AND INSURANCE REQUIREMENTS
FOR CONSTRUCTION ANI) MAJOR
REHABILITATION ACTIVITIES
Coniractorshall indemnity and hold harmless the County and its officers, employees, agents 'and
instl1lmentalities ii-om any and all liability, losses or damages, including attorney's fees and costs of defense,
which the County or its officers, employees, agents or instl1lmentalities may incur as a result of claims,
demands, snits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the peri()rmance 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 aB 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 provid(',(:i.
The Contractor shall furnish to the Miami-Dade County, clo the Department of Housing and Community
Development, 701 NW 1" Court, 14th Floor, Miami, FL 33136, Certifiyate (s) ofInsuJ'ance which indicate
thai 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. Publio Liability Insurance on a comprehensive basis in an amouht not less than $500,000
combined single limit per occurrence for bodily iI\iUlY and property damage. MiamicDade
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
connectJoll 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 buJlding(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 Witll the deductible per claim, if any, not to exceed 10% of the limit.
A.ll insurance poli<;les required above shall be issued by companies authorized to do business under the laws
ofthe State of Florida, with tlJe 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 Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
tlle approval of the County Risk Management Divisioll.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies AuthOlized or Approved to Do Business in
Florida", issued by the State of Florida Department ofInsurance 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 holder.
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):
For Awardees undertaking rental housing, the Awardee agrees with respect to tlie
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. '
"11:' '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. TheAwilrdee must verify that all households assisted have annual incomes 1M! do no!
exceed 80% of the Area Median Income (AMI). The awardee must report to DHCD tlle
humber of set-aside housing units completed and occupied, including demographic
information on each head of household.
'1
B.AWARDE;E.OBUGATIONS AND DUTIES
1. The Awarde.e shall begin construction no later than twelve (12) .months 11fter
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. Suoh 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 neit limited to changes in the proposed
unit sales prices or rents (as app/icable), start-up and completion date extension
request, unit set-aside, floor plans and amounts to be contributed towards clOSing.
The Awardee shall send DHCDnotice of such changes within thirty (30) days of any
such increase ..
4. The AwardM shall execute a Regulatory Agreement, Note, and Mortgage
delineating a set-aside of units that is proportionate to the level of funding received
pursuaht 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 aUract and identify prospective renters
or homErbuyers (as applicable), regardless of sex, of all minority and majority groups,
to the Project, particularly groups that areno! likely to be aware of the Project. The
Marketirig Plan should include efforts designed to make such persons/groups aware
of the available housing, including, but not limited to the following activities:
Submit prootof advertising in The Miami Herald, Wario Las Americf.!.'$. and Miami
Ti[l?es; in an effort to afford all ethnic groups the opportunity to obtain affordatlie
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 buildirig or unit model, as applicable, upon
approval by the appropriate controlling municipality prior to commeneing
constructioll.
·r. The Awardee shall provide to DHCD for approval prior to awarding the construction
contract for the Development, the name of the General Contractor.
3. Prior to the commellcement of constructioll, 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
2
bank operating in Florida in the amount of ten percent (10%) of t~e constr!-lction
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 rnanagement 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.
G. DHCD OBblG.ATIONS ANDOUTIE§
1. DHCD shall manage its own disbursements and aetas the dIsbursement agent for
all construction loan funding draWs.
2. DHCDwili monitor the project for adherence to plans, unit layout and deadlines for
project completion in accordance with the Contract;lnd the Scope of Services.
3. DHCD shall forward to the Courity'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. DHCO shall notify the Awardee of any address/location changes toOHCO'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
PE!(SOnS or Households (LMI). For activities designed to meet the LMI national
objective, the Awardee shall ensure and maintain documentation, acceptable to DHCO in
its sole discretion that conclusively demonstrates that each activity assisted in whole or in
palt with C[)BG funds is an actii/ity 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:
3
26,950 30,350 33,700 36,400 39,100 41,800 44,500
43,150
Source: htlp://www.hudusf!r.org/publications/commdev//nsp.htm/
TI:!JLAw?rdee may achieve the LMI national objective...Qv.jJndertakinq activities that
faIU!.!Jder one of four (4) primary LMI cagegories:
1. To benefit Low Mod Area (LMA)
For activities designed to meet the Uvll national objective category cif Low Moderate
Area Benefit (LMAJ. 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% oHhe persons residing in the service area are low-
to moderate-inGome. 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 inconle
information was collected' by the Census Bureau; or
b. a current survey cif 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.
" 2. To benefit Low Mod Limited Clientele (LMC)
For activities designed to meet the LMI national objective category of Low Moderate
Limited Clientele (LMC). the Awardee shall ensure and maintain documentation,
acceptable to DHCD in its sole discretion that conclusively demonstrates that e11Ch
activity assisted in whole or in part with CDBG funds is an activity in which no less
than 51% of the beneficiaries of the activity are LMI persons. Activities in this
category provide benefits to a specific group of persons rather than everyone in an
area. It may benefit particular persons without regard to their residence. or it may be
4
an activity that provides a benefit to only particular persons within a specific area.
Wilh 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
migrl'lnt 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 LML
,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 ona fuJI-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 LilAl persons. For' Awardees undertaking activitIes that retain jobs,
there must be sufficient information documenting that the jobs would have been lost
without the CDBG assist;mce and that one or both of the followino applies to at leas!
51% of the jobs:
a. The job is held pya 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 LMllf:
I. He/she resides in a Census tract/block numbering area that has a 20%
poverty rate (30% poverty rate if the area includes the central business
district); and the area evidences pervasive poverty and general distress; or
II. He/she liVes in an area that is part of a Federally-designated Empowerment
Zone (EZ) or Enterprise Community (Ee); or
III. He/she resides in a Census Tract/block numbering area where at least 70%
of the residents are LML
4. Low Mod Housing Activities (LMH)
The housing category of LMH benefit national objective qualifies activilies 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
LilAl occupied. Structures with three or more units must have at least 51 % occupied
by LMI households.
5
a. Rental buildings under common ownership and management that arc local",d ur'
the same orcontiguous properties may be considered as a single btrudurc
b. For rental housing, occupancybyLMI households must be at afforciohlc ,'(H!l,;, "','
established annw;:dly by the U.S. Department of Housing and Urhin
Development (HUO) and consistent with standards adopted and publici h!d
DHCD. '
The Awardee shall comply with all applicable provisions of 24 CFH Part 570 an,! "h,d,
carry out each activity in compliance with all applicable federal laws and requld"()fI"
described therein. If the Awardee is a primarily religious entity, it shall cornpl)! ,,viiii ;,n
provisions of 24 CFH 570.200 OJ.
For Housing, Rehabilitation, and Construction activities, all conditions in thlr; sedl'iln wil!
apply throughout the regulatory period identified in the national objective, Tl" )r"
that period, the Awardee will be required to submit an annual report [O:Firdinq ii"
compliance with the national objective, and' DHCD will have the right to !"nunil!,' !11<'
activity,
The Awardee shall comply with all applicable uniform administrativtl
described in 24 CFR 570.502.
[
6
ATTACHMENT C
Recipient Name (Organization):
Contact Person (Name & Title):
Activity Name (Project Title):
Activity Addfess:
Aotivlty Description:
Activity 10 II : Index Code: --------
QUARTERLY EXPENOrrURE AND
PROGRESS REPORT. FY 2010
04"' Quarter [Oct-Decl I Annual Heport
-_._-------_._-._--
Telephone Number:
--------_ ..
Funding Source: _____ _ Funded Amount: _$ ___ . ____ .
Activity Category: 0 Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Housing 0 Public Service
Objective: [] Create suitable tiving environments 0 Provide decent affordable housing 0 Create economic opportunities
Outcome: 0 Availability/Accessibility 0 Affordability 0 Sustainabilily
A ~ c 0 E F G ~~~-.. . ~
TOTAL ACTUAL REIMBURSED CUMULATIVE PROJECTED PROJf,CTED
CATEGORY APPROVED EXPENDITURES CUMULATiVe
flUDGET EXPENDED CUMULATIVE CUMULATIVE PERCENTAGE EXPENDITURES EXPENDITURE [Thls Quartor] fThwllgh end of !hill quarte!1 [Through end of Ulls quarter] [8&DJ [Next QUl'Irlerj
IBy end ofContracl Period]
=.-~=,=-= .~.~ .. ~-.,.~",=-..."",.,.== ~-~-' ..... ""-, --.~.----=.=-"""-~-
Personnel $ $ $ $ % $ $
---.~.,--.---~ -== . ""-" "_."-~-",,-",,=.,~ .-~,,=
Contractual $ $ $ $ % $ $
~---. ~ .. ~~-F ... .,--
Operating Costs $ $ $ $ % $ $
,,=="""-' --~. ~.
Cornmodities $ $ $ $ % $ $
.. .. ~~t Capital Outlay $ $ $ $ % $ $
~-"~-'='i="',""" ~.~. ~~ .. ... ..... ~.~--
TOTAl. $ $ $ $ % $ '$
b",."".,,~ . . ,-. ~ .. ~~
Programlncofne + Tile disposition of Program Income notspec!fically listed in the approved Program Income budget requires prior written approval from OHCO.
1. boes this activity generatel:>rogram Income? 0 Yes 0 No 2, If yes, indicate the amount generated Ihis quarter. ",,$ __
3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? 0 Yes 0 No [j NIA
If yast@attachcopyofapproval letter and related documents. If no! a written request for approv~l to use Ih~ Program Income must be i}ubmilted to DHCD -or-a check payable to Miami·
Dade County for the generated Program Income must be submHted quarterly In accordance wilh the terms of the contract. III Check Attached? 0 Yes 0 No 0 N/A
1,;D)~~Y.~:%\~B~~&~~t~~:~~~iIt~~~!I __ ~£1~1tqml~IINn$!Jt!§,1t~r~}~~:m)W;~¢:&~M1ID~Mr;J~f:t~,~:8.0RMA;O~lfJJ1~~1~~~\~~{\t:;,~1~f~'~3l:'tii~:)~~~0:,;:~;',f:~:j
'J. ACtivity Status: d Cancelled 0 Underway 0 Completed 2. Environmental Status: 0 A=Exempt 0 C=Completed 0 D=Undorway
3.ls thi. activily still in compliance wJih the original project schedule? 0 Yes 0 No
--_.--._._---
D~partmenl of Housing and Economic Development Page 1 012 Quarterly Expenditure & Progress Report (lR12·15-D8) 12·23-D9R
1'1 .• '~.'J..\'M.·.lt.· tim.l:m1
QUARTERLY EXPENDITURE AND
PROGRESS REPORT. FY 2010
._-----------.---
Accomplishment Type: 0 People 101} 0 Households [04} 0 Businesses 108J 0 Organizations [091 0 Housing Unils [iOJ o Public Facililies 111} 0 Jobs [13}
NationalObjeolive: 0 Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA) -or-0 Direct Benefit [e.g. LMC, LMH, LMJI
fA~I~~ICll;~~;~;;~~-=j ·-"=~"·i~-~=""t~"-· -' . -' T"""""
C·J ···············.·L-•................•..................•.............. -..
r·Eiup,;le;;,~~i~IF~r;;,@R~q~lred.: Alt~ch~d Y /I,r'"-"""-'""! ... "",
r(ij·~~ri~;;,,;r;~; &B~~~ii;·D~Ia::Ho"~='="'~='=""'-='~"'"~
I' Not;:·IIOIv/ErU~d;drr~i~c(; must;ublTlii~ppli;~bl~ ;CtlVil;'?e.i;ifu;~~~
Projected Goal
Actual This Quarter'
i ...
r-;;---------------------.---.------.----.--------J.
~:_RFORMANCE CERTI~~~ATI~N: 0 This certifies that No Accomplishments occurred during this Quarter. _______ Inltials
NOTE: Submittal of Supplemental POnTI -Perfonnance & Benefit Dala Is not required at this time based on the certification that no accomplishments occurred during this quarter,
CERTIFICATION
This Is to certify !hat the data and other information provided in this Report Is correcl, based on official accounting system and records, and (hat expendUures and ob!lgatlons shown have
been made forthe purpose of and in accordance with applicable Terms and Conditions of Ihe Contract and Funding Requirements.
Report Prepared by: _____ _ Tille: ___ . Date:
PlinlName
Signature of Certifying Official: Tille: Date:
Activity lOIS Number: ____ . ________ .~ __
o is lOis not complete • Report 0 is lOis not accurate • Initial review for completeness and accuracy completed by:
Contracts Officer
___ Name:
----T~am leader f SU{l<1fVisOt
Date: _________ _ Date:
Department of Housing and Economic Development Page 20f2 Quarterly Expenditure & Progress Report (lR12-15-08) 12-23-09R
Performance & Benefit Data: Capitallmprovemeot & Public Facilities
Supplement to Quarterly Expenditure and Progress Report iii FY 2010
Recipient Name:
ActiVity Name:
Activity 10 #: ___________ Aclivity Category: __ _
HUD Activity Matrix Code: _________ Accomplishment Type: _______ _
HUD Matrix Code Description:
mloi1lim~
D Acquisition / Disposition
D Clearance / Demolition
D Street Improvements
D Public i' acility /
D Building / Type: _________ _
D Structures' D Parcels
D Siructures + D Parcels
Persons Served + Low & Moderate Income
Persons Served + Low & Moderate Income
Facilities + Persons Served + Low/Mod Income
D Olher Capital Improvement !Type: 1'0""" b.',wl Persons Served + Low & Moderate Income
I lMA,
_________ # 01 Structures
# of parcels
~ ___ • _____ IT of Facililles
. ____ # of Persons Served
# 01 low/Mod Income
1, Total benefiting lor program year; _ 2. Counts by Households (H) -or-Persons (P): ________ . ~ __ _
3. Ollhose assisted, enler Ihe number Ihal:
a) Now have new access to Ihis sorvice or benefit
b) Now have Improved access to this service or benefit
c) Now receive a service or benefit thai is no longer substandard
Total
d) Now have new access to this Iype of public facility or inlraslruclure Improvement
e) Now have improved access to Ihis type of public facility or infrastructure improvement
f) That are served by a public facility or infrastruclure Ihat is no longer substandard
T(ltal
g) Homeless persons given overnight sheller
Ii) Number of beds created in overnight sheller or other emergency housing
RACE I ETHNIC CATEGORY
Instructlofllj: Indicate Ihe total number of households or persons served ill each RaCial Category for this reporting period and Ihe cumulative tota!. From Iha lotal
number depicted In each Racial Category Indicate the nUinbr.1'S that are of Hispanic Elhnicily for this reporting period and the cumulative total
~Rti4li!iiillli.~QIi!f;iHallllifprrQrA~S:l}X~iii'"t~ ~rtlM~J,!llrGQMl!~~ j~Elil'Pl1l\b'li~}'~~:
RACIAL CATEGORIES Racial Categories Ethnic Catell!!!Y.._ Racial Cat~i~_ t--J!hnic C~~~
___________________ . _____ -1-_ Tolal Number Number Hisoanic. Tolal Numb2r Number HfSiial}[L
~~~1_.11 ______________ -+ ______ ~-----I-----_j_--------
Black / African American 1121 1---__ . __ _
Asian 113!__ __
Amertcan Indian / Alaskan Nalive 114)
Nalive Hawaiian / Oilier Pacific Islander 1151 __ ________ _ __
Am~9an Indian / Alaskan Nal!:cve'C&.~W~h~iI:::.e \.:.116:11 ___ -+ ______ + ______ .-----c.---+-----.-------
Asian & While 117L ______ _
Black / African American & While 1181 -c-.-------. ..,je-.------ll---------I---.-.---
American Indian or Alaskan Nalive & Black / African 1191
Olher Mulli R~~iaI1201'--___ . ________ _I_-------I--------f--.------l------
Totals L-________________ -'-:::::::::_..L. ______ '-______ -'-_________ '---___ _
Peifonnance & Benefit Dala: Capital Improvement & Public Facilities [LR 12~10.o8112-23-09 R Page 1 of 2 Supplement 10 Quarteriy Expendllure & Progress Repoii
Performance & Benefit Datil: Capital Improvement & Public Facilities
Supplement t6 Quarterly Expenditure and Progress Report II FY 2010
-. --------------------
DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMA nON
. EP.ORT,~ER!()D:rQTACS"" "'r'c"'.u"'.M'''Ql'''·A'''r"'~E''''T'''O'''TA''L-;;-~ .. " .. ' 1-0-;;;-;;-;--1 --'I!EHl')ap'flORIPilJW~'CUMWAT!VE'TO~Ai;$'
Tolal Num~_ TOlal Number er a egor es Tolal Number ___ -__ Tolal Number Income Calegories
---------------1--------1 Tolal II Benefiting
L~J3~Y' -w%) _____ __ from Ihe Aclivily --------------+-----1------------------.--
Maciel,,!? (51!~: 80%) -------1-------. II of Female
Non Low/Mod (81% orgrealer) Headed
---------1---------1 Households
Census (0) or 8U1vey (8) Dala Used, ____ _ If (S), enler II of Low/Mod & Tolal Populallon:
Tolalll of Low/Mod in Service Area' T alai Low/Mod Universe Populalion in Service Area:
Percenl of low/Mod in Service Area:
Census Tract: Block Groups: --------------
Census Tract: Block Groups: -----------------
Census Tract: Block Groups: ---------------
$ 1. CDSG Funds $ 5_ Olher Federal Funds
$ 2_ HOME Funds $ 6_ Siale I Local Funds
3. ESG Funds $ 7. Privale Funds
4. Section lOB Loan Guaranlee $ B.Olher:
Name (If Fwi~ill!i Seurce---
$ Total Funds
Report Prepared by: ______ ---,"""'=-_
Pri~l Nama
Tille: ___ _ _____ Oate: ________ ._
Signature of Cerllfying Official: Title, _____ _ Oate: ____ .
Pertormance & Benef,l Dala: Capltallroprovemenl & Public Facltlties [LR 12·10.(18112-23.(19 R Page 2 of2 Supplement to Quarterfy Expenditure & Progress Report
"
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
mJ~.t~]§t{eYl~~#'~NRitQt{g~~~,P.R.~X;I~~§~~!:Rgp~tttttl~i~~ipn~~!H~~f:~~i~t1J~*i§J~~~%~~J,~~il~}.I~l,l\?f.~sqtt:W~lf~~~~1~~2~~~}~)t~~~1~~fftil
Reporting Period: Enter ·X· in the box that corresponds with the appropriate reporting period for this report.
SeolL<W..tGJillerallnformation
1. Recipient Name: Fill in the appropriate Agency I Organization Name.
2. Contact Pel'son: Fill in I.he Contact Person's Name and Tille.
3. Telephone Number: Fill in the Telephone Number of the Contact Person.
4. Activity Name (Project Title): Enter Ihe name of the activily.
5. Activity Address: Enter the complete address of the location where the activity is.taking place.
6. Activity Description: Enler brief description of the activity (120 characters maximum).
7. Activity 10 #: Enter Activity ID No. of the activity.
8. In~ex Cod .. : 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 Ihe lolal funded amounl of Ihe aclivily, include addllional awards (same funding source) If applicable.
11. Activity Category: Enter "X" in Ihe box Ihal corresponds wilh Ihe appropriate Category of Ihe activity (e.g. Housing, Economic Developmenl, etc.).
'12. Objective: Enter "X" in alilhal apply fllr Ihe prim~ry objeclive the activity is designed to provide.
13. Outcome: Enler "X" in alilhal appty for Ihe primary outcome Ihe activily is designed 10 provide.
Sectio.!1l1;Buanciallnformation
1. Column El: Enler amounl budgeted for Ihe activity in each category of the approved budget (or most recenl approved budget amendmenl).
2. Column C: Enter aniount expended for the activily in each calegory during this reporting period.
3, Column D: !:;nter the aclual cumulalive expenditures from beginning of the contracl through the end of this reporting period for each category.
4, Column E: Enter Ihe cumulalive amount reimbursed from beginning of Ihe contract Ihrough the end of Ihis 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 Expendilures) by
Ihe corresponding amounts as shown in column B (Approved Budget). Example -If Column D shows $5,000 expended 10 date in the Personnel
Calegory and Column B shows $20,000 in Ihe Approved Budgel for Ihis calegory, then Ihe percentage in Column F would be 25%.
Q. Column G: Enler amount of projected expendllures in each category for Ihe next quarter (reporting period).
7. Column H: Ehler amounl of projecled cumulative expenditures in each category from beginning of the conlract Ihrough Ihe end of the contrac:! period.
8. Total: please InclUde totals al the bottom of each column B through H.
9. Generilte pi'ogram Income~: Enler "X" In Ihe "Yes" box if this activity is expected to generate Program Income: otherwise enler "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 Ihe answer was "No"
enter N/A.
11, If Program Income is generated: Enler "X" in Ihe "Yes" if DHCD approved use of Ihe Program Income & provide copy of wrillen approvalletler along
with ali related documenls. Olherwise, enter "X" in Ihe "No" box and submil a wrillen request for approval -or-a check payable 10 Miami-Dade County
for the generated Program Income.
1. Activity Status: Enter "X" in box thai corresponds with the appropriate status of Ihe actlvily [Cancelled, Underway, or CompletedJ. Please note Ihat an
activity is considered complete once il meets its national objective, all accomplishmenls have been reported, and alilhe funds are drawn from IDIS.
2. Environmental Status: Enter "X" in Ihe box Ihat corresponds with Ihe appropriate stalus of the octlvity [A=Exempt, C=Completed, or D=Underway)
:i. Con1pliantQ with Original Project Schedule: Enler "X" in the "Yes" box if the activily complies with the original projecl schedule: if not enter "X'' in the
"No~ box,
SecYQJlIII: Wor~ in Pr9gress
Provide a brief narralive description of work in progress during this reporting period. For example·
• Housing. During this period architeclural drawings were completed, building department approved drawings, environmental approval received, plat
filed wilh the Counly, <rnd construction is expecled to begin next quarter.
• Economic Development -Fifieen jobs were created during Ihe reporting period, five additional jobs are expected to be crealed by nexl quarter.
• Capital Improvement -75% of construction of the childcare center completed Ihis reporting period. Projecl on schedule and is expocled to be
completed by nexl quarter.
Section IV: Other Supporting Efforts
Provide a brief narrative description of all other supporting efforts that have begun, partially implernented, or completed during this reporting period.
Include quantifiable dala whenever appropriale. In addition, olher expenditures of funds, including local match and leverage contriiJulibns, should be
depicted here.
!leoti,!!! V: P[9bloms EncQunlered
Provide a prief narrative description of any problems or delays thai may have been encountered during this reporting period or that are anticipated in the
next quarter. Reporl any problems thai may impacl the projecl as originally proposed, including but not limited to changes in Scope of Services,
beneficiaries, largel area, or other proposed outcomes. Recipients are encouraged 10 notify the Contracts Officer 10 reportldiscuss any problems
encountered in order 10 resolve Ihem as quickly as possible.
Secti!l!LVI: Technical Assistance
This section is reserved for recipients 10 request Technical Assistance of any nature relaled to Ihe funded activity.
Inslructions, Definitions & Acronyms [created 6130108J revised 12122109 R1 Page 1 of 5
~Ion Vii: P:m:lormance Measuremerlt
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
1. Accomplishment Type: Enter "X" in Ihe box thai corresponds to wilh the actual accomplishment type of this activity [People, Households. Businesses,
Organizations, Housing Unils, Public Facilities, or Jobs].
2. National Objective: Enter "X" in Ihe box that corresponds with Ihe National objective of this activity. Refer to Attachment A in the Contraclto locate the
National Objective for the activity ·-or-contact the Contracts Officer to obtain this information.
LMA Area Basis Benelil Low/Mod Area Benefit 570.208(a)(1)
I.MAFI Area Basis Benefit Low/Mod Area Benefit, Community Development Financiallnslilullon (COFI) 570.208(d)(6)(i)
LMA$A Area Basis Benefit Low/Mod Area Benefil. Neighborhood Revitalization Strategy Area 570.208(d)(5)(i)
lMC Direcl Benefit Low/Mod limited Clientele Benefit 5'10.208(0)(2)
lMCMC Direcl Benefit Low/Mod Limited Clientele, Micro"nterpri,e 570.208(a)(2)(i/i)
LMCSV Direct Benelil 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, COFI or Neighborhood Revitalization Strategy Area I
LMJ Direct Benefit Low/Mod Job Creation/Relention 570.208(a)(4)
LMJFI Direct Benefit Low/Mod Job Crealion/Retenfion, Public Faclilly/improvement Benefit 570.208( a)( 4 )(iv)(F)
LMJI' 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)
SBt{ Urban Renewal Area Sium/Blighl in an Urban Renewal Area 570.208(b)(3)
SSS Spot Basis Sium/Blighl Spot Basis 570.208(b)(2)
URG Urgent Need Urgenl 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 conlacl period through the
quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be loft blank, end the
ReCipient must complete the Performance Oertification check box for "No Accomplishments"
3. Total Housing: Housing activities that Construcl or Rehabilitate Rental Units, Acquire andlor Construct New Homeowner Unils, 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 Housnholds: Activities lhat provide Pubtic Services or Admlnistrallve (e.g., Fair Housing Aclivities) must complete this section if any
accomplishments are achieved in the reporting period and complete the Supplemental Form, 'Performance and Benefit Data: Public ServiCElS -()[.
Administration". Capital Improvement and Public Facilities Activities musl complete this section if any accomplishments are achieved In the reporting
perioe! and complete the Supplemental Form, "Performance and Benefit Data: Capilallmprovement & Public Facilities".
5. Total Jobs: Activities that create or retain jobs, andlor 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 inillaled by the Certifying Official
if there have been no accomplishments during the reporting period. This item certifies that there have been no aGcomplishments during the reporting
period aild lhe ReCipient is excused froln providing any further accomplishment information on the activity slatus as required by HUD. Heference HUO
"Notice of Outcome Performance Measurement System for Communily Planning and Development Pormula Grant Programs." A GOpy of the Notice and
additiol1al informalion about performance measurements Is available at the following link: http://www.hud.'l.Ql!/office'i/m!d/abouUp£rforl11ahCe/ .
7. neport Prepared By: The name and title of lhe report preparer, along wilh the date. must be completed.
R. Signature of Certifying Official: The Certifying Official of the Recipient musl sign the report, his or har title must be entered, and the certification roust
. be dated.
This Performahce and Benefit Data Report must be completed and provided to DHCD for any quarter when aclual accomplishments are achieved, the
activity is completed. and the national objective is met. In addition, direct benefit or area behefit data must be provided as well. Please fill out the requested
informalion completely and accurately as applicable for II", funded activity. The following general informalion 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 tille must be enter, and lhe
repolt must be dated.
Instructions. Delinilions & Acronyms (created 6/30/081 revisod 12122/09 Rt Pa!}e2of5
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Project Category [required]: Enter "X" in the box that corresponds with the
funded project type.
Accoillplishment Type I Measures [reqUired]: Enter "X" in the box that
corresponds Wilh the funded project Iype.
AccompliShment Units Completed [required]: Indicale the number of
persons or households served and number Ihat are low/mod income.
GG\<>d\"''''<>tJ,<>d\G&I<ril. .... '\o.(f.<>o/>~<>&~<>d\...j,<>G\''<fI~<><f',<><S. oo,;f.<>(f-.<><£..m.m<o@<>G..<><il
Perform,,"ce Measurement & Accomplishment Information [required[
(1) Indicate the total number benefiting from the activity.
(2) Indicale method used to count the number benefiting from the activity·-by
Households served or Persons served.
(3) Of those assisted, responds 10 each inquiry -a through c by providing
Ihe number Ihal benefited, and provide Ihe lolal for all.
~~~~~~~~~~~~~<>d\~~~~~~~~~~~~~~
Direct Benefit Information [required]: Beneficiary information musl be
provided in this section for activilies having a national objective of LMC,
LMcMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Olherwise, complete
Ihe Area Benefit Inlormation seclion. Provide information for actual number of
hallSeholps or persons assisled, for Ihis reporting period and Iho cumulative
(atal. Also, provide requested information in Ihe Income Category and Olher
Beneficiary Data Seclions.
Area Benefit Information [required]: If applicable for funded activity.
'<f>...(f.~~"<f,..<f,..q.<><f,"<i~<>(j..~"<$"'<><i'o<><f.,<4>"&'<><:n"'§'<>'§'«f,<><§,<><S.<>(f..<><5\..(f,<><$~~
Funding Sources I Leveraging of funds [required]
HOME Funded projecls Only Irequiredj: Enler "X" In Ihe box Ihal corresponds
Wilh the funded HOME lenure Iype, complele Ihe corresponding Form, & allach It
10 Ihe report,
ProJecl Type Ireqlliredl: Enler "X' in Ihe box Ihal corresponds with Ihe funded
projecttype.
Number of Units Compleled [required]: Indicale 10101 number of Renlal Units,
Owner Unils, Or Homebllyer Households completed for Ihe funded aclivily.
COBG Multi-Unit Aclivity, if applicable: Provide all requesled inlOimation for bolh
charts in this sec lion.
Displacement Information, il applicable: Provide all requesled information in Ihe
chart.
Replacement Information, if applicable: Provide all requesled information in Ihe
chart.
~~~~~~~~~~~~~~¢~~~~~~~~~~~~~
Performance Measurement & Accomplishment tnformatlon [required], all
applicable sections musl be completed
(1) Provide number 01 Affordable Unils and respond to each inquiry -a Ihrough f
-by providing the requesled informallon
(2) Provide number of Seclion 504 Accessible Unlls
(3) Provido number 01 unils qualilied as Energy Slar
(4) ProvidE> number of unils broughl up 10 HQS/Local Code (Rehab only)
(5) Provide number of units broughl in compliance wilh lead Salely (Rehab only)
(6) Provide number of unils created Ihrough conversiou 01 non-residential 10
residential buildings (Renlal Rehab only)
(7) Provide number of households previously living in subsidized housing
(Acquisition/Conslruction NeW Homeowner only)
Direct Financial Assistance to Homebuyers, if applicable
(1) Provide number of firsl-lime homebuyers and 01 Ihose, indicale number Ihat
received housing counseling
(2) Provide numberreceiving Down Payment Assislance/Closing Cosls
<><A.(i'.-<f,"£<4>o<f,<><f>$~£o.(f.'I<$...:n~~oG->o.(f.~«G\.(f.o(f,~«)\o<f,o.(f.o<f'Io<f,..(j..<-(A
Direct BenefiCiary Informotion [required] -musl be compleled for the aclual
number of households assisled, for this reporting period and Ihe cumulative lolal.
Also, provide requesled informalion in Ihe Household Income Calegory and Olher
BenefiCiary Dala Seclions.
Sources / Levera"lno
Inslruclions, Definilions & Acronyms Icrealed 6/30/08J revised 12122/09 R1
Project Type [requiredj: Enler 'X" in Ihe box Ihat corresponds with the funded
projecllype.
Measures: Acquisition/Disposition and Clearance/Demolition aclivities only--
Enter "X" in the box Ihal corresponds with Ihe funded aclivily.
Accomplishment Units Completed [required]: Indicate Ihe number of unils
completed [Struclures, Parcels, or Facilities] , number of personS serYed, and
number thai are low/mod income
..me.$...s<>&'o§.o<}.~<>G\..q..<..§.~<>(J.~~O£o.§,,'<§.o.(f.o.§,~<o.<><S.<>(f.<>(J.."<f,<>6\o£<>(j.
Performance Measurement & Accomplishment Information [mquired]
(1) Enler total number benefiling from the activily for Ihe program year.
(2) Indicate if the count is by HousehOld or Persons.
(3) Of Ihose assisled, respond to each inquiry -a Ihrough h -I)y providing the
number Ihat benefited, and provide Ihe lolal for each section.
~o.$.~~:"«i'><>(f.<>(f.-<f,arS>...-s.arS>~<>&'«i'>.,q:.o(f..-<f,.<}.o(f..<>(f. "<:;=....s\«j,~<>(}.«i'>O(}'o(f..
Direct Benefit Information [required]: Beneficiary information must be provided
in Ihis section for activities having a nalional objecllve 01 LM(;, LMCMC, LMCSV,
LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete Ihe Area Benefit
Informalion seclion. Provide inlormation for actual number of hOUSeholds or
persons assisted, for this reporting period and Ihe cUinulative total. Also, provide
requesled information in the Income Calegory and Olher Beneficiary Dala
Seclions.
Area Benefit Information [required]: If applicable for funded activity,
<><f><>(f.o.$...(J.,<$~o<,:'''':;''o.$.aG\<>&.''<l\<>&.<>&'<>(J....(}.o(f..~~o.$.o(f..''<f,<>tjf.b@o(}.o(J.~.oq.
Nole: Jobs data should be prepared as accompllshmenls take placo (as jobs are
created) or on a quarterly basis, at a minimum.
Job Creation andlor Job Retention Information [responses required for this
Accomplishment Type]
(1) Complete Ihe Job Creation area if the aclivity Is expected to creale Jobs;
olherwise, complete Ihe Job Retenlion area if Ihe activity is expecled 10
relain Jobs.
(2) Indlcale the number of jobs oreated or retained, as applicable, by job type lor
Ihis reporting period and Ihe cumulative lotal.
(3) Direct Benefit Informalion -must be oompleted for Ihe aclual jobs crealed or
retained, as applicable, for this reporting period and the cumulative tolal.
Also, provide requesled information in the Income Category and Other
Beneficiary Data Sections.
(4) Number of jobs created wilh employer sponsored health care benefils
(5) Number unemployed prior to laking job crealed
(6) Number of jobs retained with employer sponsored health care benefits
(7) Provide explanation if proposed goals are not mel
<>0'..§..«i'><><S ... o.$.o<,~<><§.,"<.)~<>(f.<>(}.«i'>o(f.. o.$.."g, '>{f.<>(f.<>(AQ(j.o.$.o.$. <>dl o€> o.$.<>(f.«f,o.$...q.«}."<$
Assistance to Businesses [responses required for Ihis Accompllshmenl Type]
(1) Indicate lolal number of business assisted, of Ihal amounl indicate how many
are new businesses and Ihe number of exisling businesses
(2) Of Ihe existing businesses, indioate how many were expanding businesses
and the number Ihal were relocaling
(3) Indicate Ihe number of businesses assisled with la,ade Irealmenl or
business building rehab
(4) Indicate the number of businesses that provide goods or services to meet Ihe
needs of a service area, elc.
(5) Provide the DUNS number for each business assisled [a requirement for any
husiness Ihal receives Federal assislancel
"<$.<>(f.<Vo<>(}.<><A<><Ao(}.«!l<><f'>"'<1\~...:f,«!lo(}...(j ... o<f.o(}.~~..tf,<>(A-&''''£''':§'<><i><><i>..§.o(}.<>G:'
Area Benefit Information [required]
Funding Sources I Leveraging of Funds [required]
Required Allachmenls musl be provided, il applicable.
Page 3 015
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEfiNITIONS & ACRONYMS
Area Benefit: Those activilles having a national objective of LMA, LMAJI, and LMASA. Beneficiary data Is reported by SUI"(,! oc (\".'"Ir. diii', [,,, lhe
percentage oflow-and moderate-income persons in Ihe service area. CDBG regulations specify that 51 percent of the residenl,; oltl", ,',fn··.i'n ili" I f:i' illl be
LMI. Examples of area benefit activities Include streeUsldewalk Improvements, water/sewer lines, neighborhood facilities, and 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. Censu>' l-lweau. ,'. b'",J i'i the
smallest geographic entity for which the Census Bureau tabulates decennial census data.
Census Tract! A slriall, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for dala prosonlalion pUrpUr'l", I,y
a local group of census data users or the geographic staff of a regional census center in accordance with Census Bureau guidelines. .
COBG National Objectives: The aUlhorizlng stalute of Ihe COBG program requires Ihat each activity funded excepl for pro(jrarn :ldlnhd,L,I:()r: .md
planning activities must meel one of three nalional objectives. All CDBG activities must achieve one or more of these national objeclives.
• Benefit to low and moderate-income (l.MI) persons,
• Aid in the prevention or elimination of slums or blight, and
" Meet a need having a particular urgency (referred to as urgent need), o.g .• existing conditions pose a serious and imn""jj,"i1 ,I:L"": '", ',;!IL, 'Jr
welfare of Ihe communily.
In addition, a minimum of 70% of Ihe CDBG program expenditures must meet Ihe LMI benefit nationa.1 objective.
Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LM.J, LMJFI, or LMJP. [j<lnelidn'y :I,,!,,: h '"p', 'u, 'N
the lotal number of persons or households benefitting from an aclivity.
DUNS Number: Data Univemal Numbering System (DUNS) number is a requirement for any business Ihat receives Federal assislanc., il ,1 ,,,,,,i,,., Oi, rI· .• ""
not have one, it should call the DUNS number requestline at 1-866-705-5'111 to obtain a number. The process is free and takes ,mOLII \"1. ",.,' "'"
ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all sava money and protect the environiw:nr :1:0,"")" """'!"''''II
products and practices. HUD encourages inoorporation of ENERGY STAR qualified producls and praclices when conduGll!)q «°;:;,:.:';:1" '" ,'0:
new housing. Ukewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator '11 :i!,' iii;; .iii:I\ce
measurement syslem.
~~tremely Low-Income: Households with annual income less than 30% of the area median income, as established by Hun Th': 'W,I : '" 'ei I,: "'iiri;::!d
members is used in the determination.
Iithnic Categories: HUD and granlees are required to Ireat ethnlcity as a separate category. "Hispanic or Latino" and "Nol !-li"p.""" ' , i·i,,. i i,'''i'
designated as separate ethnicity categorIes.
• Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or (!:it),!';. ,''''''''''!::'',''
The term. "Spanish origin:' can be used in addition to "Hispanic or Latino."
t\' Not Hispanic or Not LatinO! A person not of Cuban, Mexican, Puerto Rican, South or Centra! American, or other gp~ilish ;:I,iilv -: (!~ (:I'iLPii,
regardless of 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, Iwo '" :""". ·"!li",'. ' .. ""
together, or any group of related or unrelated persons who share living arrangements.
Housing Quality Standards (HQS): HQS are set acceptable conditions for interior living space, building exterior. henli"() "nil 1,['," 1"'''1 ...• ;,""
general heallh and safety. The purpose of HQS is to determine whether a housing unit is decenl, safe and sanitary.
Income: (1) Annual income as defined under Section 8; (2) Annual Income as reported under the Census long form; O( (3) Y" ", .... ,,,,, ,i,,' '.'"
by the IRS Form 1040.
Low Mod ,Job Creation or Retention (LMJ): An activily designed to meet the National Objective 01 oreatlng onetaininD i,·, ,;' '.r; "
of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Low Mod Limited Clil'"tele (LMC): An activily carried out to meet the National Objective of benefit to LMI person!). /',clivEi;:'. iii"", ,if,' I.·" ",""
meet one of Ihe following crileria:
• Benefit clientele that is generally presumed to be principally LMI (abused children, ballered spouses. elderly 1'(';;""". '" r,ii' ,.,',,-,,.,,;,.,,
homeless persons, IlIIterale adulls, 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 Ihe clienlele a(e Uv::. ')i
I; Have income eligibilily requirements limiting the activity to LMI persons only; or
• Be of such a nature and in such a lOcation Ihat it can be concluded that clients are primarily LMI.
I._OW Mod Income Area Benefit (LMA): An activity carried out to meet the National Objective 01 benei:1 10 LMi PH " .... , I'" ' . "", .
jlarticular target area, where at least 51 percent of the residents are LMI persons.
Low and Moderate Income (LMI): Low and moderate income means family or household annual income l'liiS ,i'dil i.;;" I ""i, ", " 'rill ",,'Ii' ,:'
generally 80 percent of the area median income, as established by HUD.
LOW-Income Househotd/family: A household/family having an income equal 10 or less Ihan the Seolion 8 Very I.ow in''''',,':1 ii, " ',i:!, ;/ ,. ".,. Or
income) as eslablished by HUD.
Low tncome: Households with annual incorne less Ihan 50% of the area median income, as established by HUD.
Low Mod Housing (LMH)! An activily earrled out to meet the National Objective of benefit to LMI persons/household:;." 'i , ; .,;!"I,,, i;' . "'ii' 'r'
improvemenl of permanenl. 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 i<lenlilie:.: \111\ iil.l'::()"(; ;'" ''''.'; . ,,,.. " ",
provided, and determines the type of accomplishment units that should be reported.
Microenterprlse: A business that has five or fewer employees. one or more of whom owns Ihe enterprise.
Moderate-Income Household/Family: A household/family having an income equal 10 or less Ihan the S"cliel' .~ !.'rI,', ',.'.0,'
income) eslablished by HUD. but greater than the Section 8 Very Low Income limit (50% of area median incuw!) ,,,,,,,ill,,,I,,, I ii', ,I' ii'
Ihslruclions. Definitions & Acronyms Icrealed 6130108) revised 12122109 Rl
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Obje~tives: The objectives capture Ihe 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: Tho program outcome helps further reflne the activity's objective and captures the nature of the type of change sought or the expected result of
the activity. There are three pmlS;ble outcomes: 1) Availability/Accessibility, 2) Affordability, and 3) Sustainability. .
Period of Affordability: The number of years a homeowner or home buyer 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 Ihe option of selecting one or more of nine racial categories to identify the radal
demograpnics of the Individuals and/or the communities they serve, or are proposing to serve.
1. American Indian or Alaska Nallve. A person having origins in any of the original peoples of North and South America (including Central AmeriGa),
~nd 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 I; White. A person having these multiple race heritages as defined above.
B. 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 MWI·Racial. A person reporting multi· race heritages not included in any of the other nine categories listed aboV!), and that have a total count
that exceeds one percent of the population served.
Sel;!lon 604: 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) Adminislrative
Requtrements.
Sub recipient: An entity thai 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. Additiohal guidance
is available in CPD Notice 05·06.
In,trUoti6ns, Definitions & Acronyms Icreated 6/30/081 revised 12122/09 R 1 Page 5 015
Attachment D
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (OBCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose oHhe 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, communitif)S, or
the envirol)ment.
Part I. AGENCY AND PROJECT DETAIL
1. Indicale Funding Source:
o CDBG o HOMELESS (SRO/SHP) o CDBG·R
2. Indicate Fiscal Year: FY 20_
3. Name of SubrecipientlAgency:
4. Name of Proposed Activity:
o HOME
DEDI
o HOPE VI o NSP
----.------
5. ~ocafion JAddress with CIty, ST and M of Activity or Project: _____ _ E'" f-· ---.. .~
t" S~F:__""'_b_er_~_): ________ ~--~~----.-----~=--=1 ~-
7. Commissloll Oistrict(s):
. B. Direct Contact infonnation of loan/grant recipient:
Name: -------------------------------.. -----.--1 ~~d~ess-: -----.. ----_-_ -_ '--"~S:c.:ta=te"_: __ ,;:--_____ l]~ ___ ~ .. '
j'hbne,.:..: _____ I Fax:
Fonn Revised 121115/2009
9. Detailed description of activity or project:
10. Whatls 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 UndelWay, Rehab/Construction Completed, etc.
-_._---------
Part II. PRO.JECT OUTCOME
Will hr' t~~lvltyor ro ec resu t In e 0 oWing. .\ "thill'?
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, landscap
-----' dralnaJ!E!t£?rking are~s, drives, .~ _____ .
--.-----t--6. Building imerovements (windows, doors, etet
--7. Displacement of pemons, households or bUS~l
8. Increase in population working 01 living on .flit,:,.
9. Land acquishlon --~ ...
10. Activity in 100-yearfloodplain r--------11. A new nonresidential use generating aUses! 1
--r=-water or 687,500 gallons of sewage P~'£_<l3lY; ...
12. Use requiring operating pennit (i.e. for hazardQ
t----pretreatment of sewaQ9, elc.)
13. A sanitary landfill or hazardous waste dispo.~6i' -----r' 14. Tree removal or relocation ---,-,.-.
15. Slreetimprovements
Ina, stOHl,
_.
16. The impounding of more than 10 acrefeet'()! VI
lake or divertinQ or deepenillJLof!l..i:JOdY.,()i."Yf1\(
CltOr
~i').
Part III. SITE SPECIFIC INFORMATION
2
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 improvemenl~ on a site of.®SLill
acre or morei 0 YES 0 NO
lL'I'6S. a site plan must be provided. Project(s) will not be environmentally reviewed without a
site plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation? .
DYES o NO
If yes, photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
information:
• EXisting structure(s) on site? DYES o NO
• Estimated age of structure(s)?
4. Value of Improvements:
Does tile proposed activity include rehabilitation or renovatIon of structure(s)?
DYES o 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:
o 0 to 39.9 percent of the market value of the structure(s) o 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market value of the structure(s) o 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
renovations "Of "75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
DYES o 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 lile last 50 years; researching environmental records for
information on hazardous waste siles, hazilrdous facilities, solid waste/landfill facilities and
underground storage tanks (availabte 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? DYES o NO
6. Environmental HeaHh Infonnation:
• If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
DYES 0 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?
DYES
If yes, please submit the resuHs.
7. Other Site Infonnation:
o NO
4
uired? 1, _Flood insurance ~
2. Public water availab
3.PubiiCsewer aVaiiab
-
""-NO ~=:.:, YES --
Ie on site?
Ie on site? -4. Children under 7 ye ars of age residing on
site or relocating to site (including day care facility)?
sEosal facility? 5:--f:lazardous vv:aste .eli
6. Stor\1ge oL hazardou
7, Abandoned structur
s materials on sile?
~onsite?
-
Part IV. SUPPLEMENTAL REQUIRED DOClIMENTS
Required Submittal Documenls:
... -.-~" ,-.. ".~
--"._-
----' .. ~ .. ,,"
-' . ,. --"
-
1, For all projects: Submit street/plat maps that depict location of property in the County ;Jii,;!,';
with Ihe location or 101 dearly pointed out.
2. For new construction projects: Submit a scope of service, an ilemized budget, and fl sile
3. For housing/building rehabilitation projects only: Submit a scope of service, an i[ernizo(i
describing the major components of the rehabilitation program planned, and a photogrClph 01 ',hi
property.
4. For historic proprieties, include: Submit photographs of the property, and a descriplit", ·,1 'i !i'
adjacent historic properties that maybe affected by your activity.
Part V, CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded adiviti0s mUCi
have an approved environmental review clearance prior to the commencement of project", I
understand that any omitted anellor incorrect information will delay the initiation ,.,
environmental review process by the DHCD staff. As such, I am aWare that ornittncf h'['!lii·,,,l,,.
could delay the commencement of my organi:zation's project. I understand ali
environmental reviews are valid for one (1) year maximum.
Signature
Name of Organization or Corporation
Unless otherwise indicated, return completed form and attachments to:
Community and Economic Development Division Director
Department 6f Housing and Community Development
701 NW 1,t Court • 14th Floor
Miami, Florida 33136
5
TYPES OF ACTiVITIES AND ENVIRONMENTAL GUIDELINES TRIGGE:RED:
Type of Activity
Econom Ie bevelopmeilt
New ConslrucUon
Rehab
Non-Constructiof21E~nsion
Housin 9
Single Family Rehab
Multi-Family Rehab
New Construction
Homeownership Assistance
Affordable Housing Pre-Dev.
Capital Improvement
Handicapped Access
Public Facilities
InFrastructure
publicS ervices
Employment
Crime Prevention
Child Care
Youth or Senior Services
SUE20rtive Services
"TYPe-of Publication
jUSUmateq Time Frmne (Excluding
lJ.!Wll~ Statutes)
EXEMPT* CENSI'*
X
X
X
X
X
X
X
X
No Public No Public
Notice/No Notice/No
RROF RROF
30-45 Days 30-45 Days
X' IF For continued use and change in density (or size) of less than 20%
X' Change In density (or size) of more than 20%
'"
Exempt
CENST
CEST
EA
Exempt Activities
CategOrically Excluded and Not Subject to 58.5
Categorically Excluded Subject to 58.5
Environmental Assessment (Fonnat II)
6
CEST***
X'
.X
X'
X
X'
X'
No Public Notice/No
RROF (No StatutoI}'
Requirement Triggered)
Or
Publish NOIIRROF
(StatutoI}' Requirement
Triggered)
45-90 Days
EA**'*'-
X
X'
X'
X
)(1
X'
---.-
Publish
FONSI and
NOIIRROF
90 Days
Minimum
. MIAM!~DADECOUJNlfYAFFilDAVrrS
The contractinginctlvldual or entity (government or othelWise) shall indicate by an ·X" all affidavits that pertain
to tnls contract ·and shall indicate by an -Nip.: ail affidavits ihai do no! penain·to this contraci, Ali blank spaces
must be filled.
The MIAMI-DADE COUNTY OWNERSHIp· DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY
NON-DIi3CRIMfNATION AFFIDAVIT; and lile PROJECT FRESH START AFFIDAVIT shall not pertaill to
contracts with the United States or any of its ·departments or agencies thereof, the'state or any political
Sl.lbdivislonor 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 at not it pertains to
this contraQ/. . . . . .
i, 1\'(.-\11' M i fC<.bi Ie I . Fh.D , being firstduiy sworn state:
.' Affiant
The full legal nan'le and business address' of the person(s) or entity contraction or transacting business with
. Miiunf-Dade County .are (Post Offioe addresses 1jre nol acceptable):
.. S~~. (DODO y:) ! ... . .. .. .: _~_
Federal Employer Identification Numbi)r (If nonE), Social Sacurity)
--Y'.\.A/ () r .5 aulb_J:1lo,ni:!-, --'-._. -..,.-_____ ~ __ _
. Na~~ Individual(s), P·artners, or Corporijtion
bolng.13.isfness As (lfs<!me as·above, leave blank)
. IV/A I. MIAMH)ADE COUNTY OWNERSHIP DISCLOSURE AFFI!)AVIT (Sec. 2-8.1 of the County Code)
1. ffthe contract or buslnesiJ transaction is with a ·~Orpcirafio!1:the full legal nanle an~ busii)es$ address
shall.be provided for each officer and director and each stockholder who·hold.s directly or Indirectly five
percent (5%) or'more .of the corporation's stock.· If the contract or business transaction is with a
. partnerfihip, the foregoing lnformatioh shall be provided for each partner. It the contraot or busl(less
transacfion 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 corporatio;,s or
to contracts with the· United States or any department or names and addresses are (Post Offices
addresses are not acceptable):
F'\.fll Legal Name Address Ownership
%
%
% .
. Page 1 ciS
>, .-
N(ft II.
2. 'fhe full legal names and business address of any other individual (other than subcontractors, tnaterial
men, sUllplies. labor'ers, 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
aCceptable): . . . .
,,~
3, Any person who willfully fajls to disclose the information required hetein. or who knowingly discloses
. false information 'in this regard. shall be punished by a fine of up to live hundred ~(illars ($500.00) or
imprisonment in the County jail for up to sixty (BO) days or both.
MIAMI'DADE COUNTY EMPlOYMI?NT DISCLOSURE AFFIDAVIT (County Ordinance Nei. 90 .. 133.
amencjing Sec. 2~8-1; Subsection (d)(2) ofthe County Code). '
Except where precluded by' fed~ral or State .Iaws or regulations, each contract or bUSineSs trai1S!lction or
renewal thereof whIch Involves tl']e expenditure often thouSand dollar. ($10,000) or morel\hall reqlJire the
etW\y .contracpng or transacting busine?s to disclose thefollowing.lnformi'!t!oli. ,TheJoreg'oing disclosure
reqUirements do not apply 10 contracts, With the Unite<jStates' or any department Qr agimcy !\iere.cif; .thE)
StatooranypolitiCill subdivision or, agency or any municii>antYi)fthisSt~te:' .' . '
1. Does your fitmhave a coUEictive bargaining agreement with ilsemployees?
... ' ,Yes '. No
2. Does your finn provide paid,healtheare benefits for ils employees? '
_ ;Ws ....... ' ~ '. '. .' ...... .'
3. Proltidea ourrenlbreakdown (number of persoris) of your firm's work fqrce and OWnerShip as to mce,
natioilal,originand. gender. ' . .,
White: ___ iVlales "-"'-'-_ Females Asian: __ Males __ . __ Females
Black: ~_ Males ___ Females American lridlan:_~ Males _'_" _. _Females
Hispanics: _' __ Males __ Females Aleut (Esklmo):_' _' _' 'Males Fem1lies
if ---. -: -'-' -Males -.-Females . -: "':'--. Mides_.· -'-Females
. IItAFFIl,{MAT!Wi ACT10N/NON-OlSCRlMlNATION . OF . EMP!:.OYME~T.·,' PROMQTiON AND
PROCUREMENT PRACTICES (County Ordinances 98-30 codifiadat 2-8.1.56fthe CouritY.Coqe)
. ',n' a~ordance 'Witn 'c~un~.Y Or~iriance No, 9&-30,' entities With annual gros~ reiie~lJes:: in excess of .'
$5,000;000 seeking to contra.ct With the Count)' shall, ascondilion receiving a CountY contract;.have I).a
written affirinative action plan which, sets fo(ththe procedures the entity utilizes tOassure~hai it dQe~ not
discriminate h its employment and promotion practiCes; and il).a written procl1rement.policy wh(ch SE~S
forth the procedures the entity utifizes 10 assure that it does not discriminate againstminori!y anq women~
owned blJsinesses in its own pmcurement of gooqs, ';;upplies and services, Such affinna!fves. action plans
and procurement policiesstu!ll. pr.ovide for peri,odic review to determine their effectillen!:'ss in aSl>uring the .
. entity. does !lot dJscrimini'!te ,iI] jts ~mployrrient, pr9niiltion and proclireme!1t '.practices,The fo~egoillg
notwlthstandin{l, corporate entities whOse boards of di~ctors are rer;i(ei;,e~atives of the p<1pulatitm make ..
I1P of the nation shall bepre~umedto have non-discriminatory employtnent'and·piocuretnenlpOlicles. and
shall not be required to 'have written affirmative action plans anq procurement policies in Ordl!r to rebeiVe a
County contract. rhe foregoing prel>umption may.be rebutted.
The requirements of County Ordinance' No. 98-30 may be waived upo,n·the written.recomniendatlon of fhe
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 tnajoritY vote of the members present '
Page 2015
_'--__ The linn does not have annual gross revenues in excess of $5,000,000,
___ ~ The finn does have annual revenues in excess of $5,000,000;' however, its Board of Directors
. !e representative c,f t~e pop!..!h:~tion 'm~ke':up of the natio!1 and has'submittoo a \~tten. ctetailed
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 1" Avenue, 28~ Floor, Miami,
/' Florfda 33128, '. .'
___ ...:_ The t1rm 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 Dt;lvelopment. 1?5 NW1"Avenue, 28'h Floor, Miami, Florida 33128"
__ . __ Th~ firm does n9t have an affinnative action plan and/or a procurement policy as' described
ab(lv~; Qpf"hf)3 been. gr~nted ~ waiver, . ,
-,/,,,, . . /ft;t)v. MIAMI,DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8,6 oHhe County COde)
The, indivi9J:ial or entity entering into a contractor receiving funding tram the County _'
has, V has not 'of the date of this affidavit been convicted of a felony during the past ten
, (10) years. '. '. ' '. . '
-,' 4(, V. MIANIl-DAOE EMPLOYMI::NT bRUG~FREE WORKPLACE AFFIDAVIT (Coun'ty brdln~n~~ • 17-'-' 'no. 92,15 codifiet;! as Section 2-8.1.2 oftlie County'Code) '.'
That in compliance. with Ordinance No. 92,c 15 of the Code: of Miami-Dade County, Florida" the
above named person at enlilY is providing a' drug-free workpiai::e: A writteh statement to each
employee shall, inform the empfoyee about:
L' Daiiger,ofdrug abuse lrdhe worKplace ,
2. The firm's po!h::yof:mtJlntalning Ii drug~free environment atafi workplaces ,
3. Availability of drug ,counseling; ,rehabilitation and employee asslsta'nce progrilms
4. Penalties that may be imposeifuponemployees for drug abuse vlc)lations
The person or,ent(tysllallalso require, an employee t6 sign a statE)ffi\3llt,as <t O,onciition 'of.
employment that the employee will,abide by,the terms a,rld notify'the employer of any Criminal
dri1g conviCtiono6curnng n(>.'later than lilie (5j.days after receiving, notioe of suCh 'cOnViction
.: and, impOse ,appropriate . personnel . action agains! ;the employee, up" to and: inoludiflg
. termination. ' .
Complianc:e with Ordihance No. 92-15 may be waiVed if the $peci~l ch~ra('.ietisfjcsQf th€;l
product or service offered' by tlie person or entity make it necess\3ry for the operation of the
County or' for the health. safety. welfare,economic benefits and well-being of the public.
, ContraCts involving funding which is provided in whole, or in part by the United Stat(;')s of the
State of Florida shall be exempted from the provisions of thIs ordinance in thoseinst,jnces
. where those provisions are in conflict with the requirements of those governmeht enlities.
';jW VI.'MIAM;-~ADE ~MP~~YM~NT ~~MILy'L~VE AFFIDAVIT (C~u~~ or~i~~ncesNO, '142-f11
, codIfied as Section 1.1A-29 et. Seq of the County Code)
That in compliance with ordinance No. 142-91 oflhe Code of Miami-Dade County, Florida, an
employer with fifty (50) or more empl9yees working in Dade County for eadl working day
during each of twenty (20), or more ('.alendar workweeks, shall provide the following
information in compli!lI)ce with all items in the aforementioned ordinance:
. Page30r5
An employee who t)as worked' for the above finn atleast (lne (1) yearshaUbe entitled to
ninety (SQ) days of family leave during any twenty-four(24) month'p(jriod,for oledlcalreasons,
. for thE, birth or adoptio!1of a child, or forJhe.care of a child, sP9l(se ilr otheqllose.relative who
hae,·ee~!~us health condition wit.~bt!t !isk cfterm!nat!t.lo of emp!oyer.refafiation:· .
ThC'i foregoing requirements shall not pertain to contracts With the. lJnited States or any
departmerit ora!jency thereof, or the State of FIOrtd.a or ilnY politiCal subdivision or agency /1 'm; ::L::;"::~:I:TI:::::; :::: .... '.-90
That the al:!ove names flmi. corporation Or. organization is In compiiancecwlth the agrees to
continue to comply with and assure. that any subcontractor, or third party conl;'lCtor IInder this
. project complies with all applicable requirements of ttie laws listed beloll{inoludilig,but not
limited tf), lhC)sepro\tisions pertaining to employment provisions of programs and services,
. transportation, communications, access to. faCilities, renovations; and.new construc;tion in the
following laws: The. Amertcans with Disabilities Act of 1990 (ADA},PUb;L101~33~, 104 .Stat
327.42 U.S.C. 12101-12213 ancl47 U.S.C. Section 1Q'12;Thel-l:\ir HO\J~lrigJwt ~sarr1ended,
42 U.S ,C. Section 360'1-3631. The foregoing requirements shall not·pert~llnto contracts ""ilh
the United Statas or: any department or agel1cy thereof, the state or any political lil,lbdiVision
or ager'lcythereofo(aily m"i.lI1icipalityofthis State .. ' . .:' ....
,--.!! 1+ VIII: MfAMI-DADE!COi.Jl~TY. REGARDING DEI,JQUENT AND CURRENitYI5U~'FE~SOR
. TAXES .CSec. 208.1 (c) oftheColinty Code) '. .. ..'
t:;xcept for small purchase orders and ·.sole source contracts,that abovenat:ned'flnn,
corporation, cirganizatlori Or indiviQuat desiring to.transact Qusinessor enlel:a cQntr~Ctwiththe
County Verifiesthalalf delinquent and currentiy due· fees ortaxes~ lndlliding but lidt·lfr)lite~ to
relll.and P-fOP~!ty fa.xes, 'utility .taxes. and Qq;tJpat!omil.IiCelise~. -·whipharecollilqtildio the
nonnal. course by the. Dade County Tax colleCtor as ~lie.lI<Js' Dade {:QUnty :issul;id parking
tickets for vehlc!es registereq lri. the name of the firm, c<?rporation;organizalioi1<ir individual /il have been paid: . . .' .' '. . '. .
~~~ IX. CURRENT ORAll COUNTY CONTRACTS,LOANS AND OTHEROBUGATIONS'
The individual entity seeking to "transact business. with thecoUhty isctiminl it! all its
obligations to the County and is no! otherwi~ein default orany CQhtrl,l<:f,.promlssQiy noti;! or
other-ioan·doGuments \\lith theCoul)ty or any onts agencies or in~trumentallties. .
. N/!1....:,..-x.. PROJECT FRESH START (Resolution R-702-98 arid 35$-!)9)
Any firm that has a~ contract with the GOUlitythat results in actual p~yinent of$500,OOO or
more snail contribute to Project Fresh Start. the County's Welfare tOV\!llrk Initiative, HOWeVer,
if five percent (5%) of the finn's work force C9nsists of individuals who reside in Mial111·0ade
County and who have .Iostor.willioose c;'lsh assistance benefits (formerly Aid.lo Fl'imifieswi.th
depende~t. Children) . as a result of t,he. Personal Responsibilitl' •. and yvork. OpportUnity
Reconciliation Act of 1996, the finn' may request waiver from the reqUIrement of R-70209/3and
R~358-99 by submittinga.waiifflrrequesfaffidavit.The foregoing requirement ooesnot pertatn
to government l'intities,. not for profitllrganizations or recipients of grant "<iwards.. .
. P"age 4 of5
?~\. bm.1£ST!O V!OL.E~~E.· ~9.V~ (ReSo!~!1o~ 185-00:. ~9-5 C-odified '<,)\ .11;~O E;t; Seq, Ii til"
. Miami-Pade COl1nty Code), .
The finn' ~esirillg to do bti$iness with the COl1nty is in compli~nce wIth Domestic Leave
'Ordinance, Ordinililce 99-5, codified at 11A-60etSeq. of the Miami-Pade County Code,
w~ich reqllire~ an ,employer which has In the regular course of business mty (50) or more
employees working in Mlaml-Pade County for each working day during e'dt,n of twerity(20) or
more calendar work weeks in the ctirren\ or: proceeding calendar years,.toprovlde DOmestic'
Violence Le<\ve to 11$ employee$, .
helVe carefully read this entire five (5) page 'document entitled. Miami-Dade County Affidavit's and have
·lr<dic-1'l!e(i.hy en "X' all "ffici"vits that per/air) to h;s.contract and have !hdicate<l by an "N/A" allaffld<lvi!s that do'
no! peltain to thlscontracL ,. .
j2e.C4r\bK-!W/ Qow~
'. . (Date)·, . .
By: " , ~7
Stfl3SCRiBED AND i:Wl/ORN TO (orfiffjrtnild) befQreme this .th1L,~,-,· ~·'·· .. ·daYOf~(fjYY~
20Jll by f-kC-tt>t. k i Y'0b" &. • He/She is pereorially known to me orhas
. -""'-' .
. _~_~~..,"-__ ";"' ___ '---'---'-'-___ . as identincation.
(type Of Identlfl9ation) .
(~~"Not'"' (Serial Number)
:', Nf(ENGA~T
MY COMMISSION # 00 714025
EXPIRES: Oclober5 2011 __ ~~_~~~ __ ~~+-~~~~~~::::=:~&oo~~~Th~rn~N~.'~"P~"b~kU~~~.~:·:m~~~.~. -7,~'~~~~_._'
(Print of Sl~p, o,fN9I'!ry) , (Expiration D/iite)
Notary Public -State ()f_'.--:...t=_\L:o~r.:.l~·chJ::.. ~" ' ___ ~ __
(State)
Page 5 of5
SWORN STATEMEiNT PURSUANT TO SECTION 281.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CR!MES ---. "
, THIS FOHM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
NOTARY Pl)BLfC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER
OATHS '. .
1. This form statement,is sUb~itted to 'TIt! CD ·t. tL\i a.xW.--Dooe ~_. __ .
bdAtiJgf Ph (~.\QJ k, Ph.D.) elvl M ()...(\.""'O"'.=f\F'c..r'--~_. __ _
" ,
. ~, ~Printlndlvidual s nam;;:;;;{d 611e) 0
forJlL. D~ £ovib M,'o.-m;.. .' "
. .~ . (Prjnt nam;of entity submltting"sworn stafement)
. Whose business address is. It> l~c) . 0\J(\<:?t Dei\/' ~l $0 vn" t'\ j()"w\l)...:EL. 3':>1 L.I?
'and if appllC<lblelts Fede(al El1}ployerld<7rit'rfica(ion Number (FEIN) is5j'!9000Lt31 If the ~htity has
not FEIN, include the'Social Secu.rity Number oithe individual signing this sworn s(atemimt.
~~~--~~~~,~~----~----------
2, . I understand that a 'Pl1blic entity <;;;me" as defined in paragraph 28J,133(1)(g), Flori~ statutes,
means a. violation ·ofany state orfederal la~ by a person with respect to' an directly mlated to '
!hetr1!t1SaQti.Ot1S. of ,busit)e.s~ Iftiitn, any p,t.tblj¢ entity, 'or with ,an, agency or political ,t;ubdivlsion Of
qOy o\her state orwi!h'fhEl 'UnitE!d State-ii;including, bat notninitedtoany,bid' orconfractJor
goods or services to oe pro~ided to.PObfi6 eintitY'Of'Cigency': or political subcliliislon 'of any 'other
state or of,the :United 'States and inVOlving antitrust; fraud, theft, bribery, cdUusion, raclwfeering,
conspiracy, or mateiriafmisinterpreta'iion>" . ..' . .
3, I understand that,'''convicted~ or "conviction" as, defined rri, Paragraph 28l.133(1)(b), Floridg
Statutes, means a fihding .of guilt .or a conviC;tionof a' public entity criJ1)e; with o.r without a'n
adjudiC<ltio.n of guill,. In 'an fecleral or 'stO)te, triill court of record rel"ling to charges brought by
indictment or inrqnmationaf(ei:;luly1,i 989, as: aresult of ajury verdiqt, non-jury trial, orj:lolry of
a plea of gl1il[y Of tiolo'conteindere/. ...'. .' . '. '
". ,
·4, I understimd,thatan "Affiliate" as;d!?finedinparagiaph 287.133(1)(a), J=lorida Statutes means; .
• • . f
1. A predE~6esso': op,uctesSot of a pers'on convicted of a public entity crime, or ,
2.' An entity under the .cofltr%f any' natliral person Who is .activE> lti the rnanagement of the
entity !,'nd ~ho haspeim convic;ted of a public entity crime, The term "affiliate" includes
those officers " directors, executives; partners, shareholders; employees, members, and
qgenls. who' are active ' in: themanagerileti! of an' affi!i<ite. The' 'ownershiP. by, one person
'of shares constituting a' controtting 'interest in another person, or.,a pooling of equipi(leQl
or income among, peJ1;ons::WI1en· not for fait market value undera'n arm's lengll1
llgreernent, shall ,be a piima',fil<ile Case that cine perSOn controls anothE!f' pllt'son. A
person who knowingly enters irit6' aJoint venture with a perso.n Who has been convicted
of a public entity crime in Floijda dlJring the preceding 36 months shall be qonsidered an
affdiate. .
5., {understand .that a "person" ,as.d~finecj in Paragraph 287,133(1}(e), Ronda Statutes, means
any naturid perSon or entitY cirganlzea'utider the laws of any state 'or of the United states within
the legal power to enter into a bimjing Contract and which bids or applies to bid on contracts fOr
fue . "
P· (0'"""1 ............. 1 ni .... "'A.:-~~ e"O"\"*'"' Th· . e· form--g~l"c!"",tr inc!;, • ..fo.'C:: fh'C~c\ 'f"\ffi~r<;!-QVoCIMdluoeo ~~rtno.~· ¥,..;ov •• VI UV~""""'. """"-_,. ......t, .,.. ..................... >..4\..!....,~ t.:~ ""'-' ...... .-............... , ...... -r" ........ .,.~ ... ..,. .... t ~ ......... V,
shareholders, employees, members, and agents who are active in management' of an entity .
6 .. Ejased on infon:i\afionand bellef,the statement whiCh I. have marked below is true in mlation to the
entity submttting this SWOrT] statement. (Please indiCate which statement applies.)
·1_ .. _·Neitherthe. eniitY submftting·swom statement, nor any of Its Officers. director, eXerAlfives,
:partners, shareholders, employees, members, or agents who are active in the ma(lagemellt of the
entity, nor· any affiliate oflhe entity h<ls been charged with and cQilvicted of a public eiltity orime.
subSequetitto JUly 1, 1989. .
. "The ,ent~y su.bml!1Jng 'this ~worr! statemAnt~ or one or morH of ·,!ts,. officers, directors,
executives, partners. shareholders, employees, members, or agents· who are active in the .
. . . maflagement of.(heetititY,oran affiliate of the entity, or an affiliate of the entity had beehcharged
with and convicted of a pul:1l1centily c.rimesubsequent to July 1, 1989, AND (piease indicate Which
llddltlonal statement aptjlii)s. . .
~~:-,-'.." Theentitysub!1iliiio9 thh •. tll/IIom statement, or one armare of Its offic.ei:s, dlr.ectQrl;,
flXe(MIves, .partners;!lhart)hQl(ji3~;:e.mi>layees, ,memberS,. or agents. whollre aCtive!n lhe
mllI1~[!em~nt <>!,!hile~!itY;!io.r aiiy,~ffmate 9f U:1e ,entity ha~biJen charlJedwitl1'an~CtinVi~d .of~
,pubhcnsnftty pnmesubSeq(jentpr:tlcteedingbefore a I-Iea.ong Officer of the S(;lte of tlie.Stllte of
Florida; Dlvisloh of Adjnli)istratlVe .l:ii1-oiilnY1l' and the Rn'li Order. entered by the Hearing Officer
. ·determif,ed ttiatli.Waf! :rlqtii'jthe;jjubiicint~resttopla,c.ethe .entity submifling·this SV'Ioi'n staternent .
. ililthe conllicted venqorlist(at{Gclfa.·c.opyoflhe firiafarder). . .
. ,. ·.IUNOIZR$T;/\ND tHA:rt8~"$tJ~MIS~idN OF. THIS. FORM TO THE CONTAAc'tU\iG(jFF'ICER
FO~ i'HEPUBI,.ICt::~rtTy.;IOENtimE01N PARAGRAPH 1 (ONE;) ABOVE IS FOR THATPUBI,JC
E;N'fITYoNl.y Af\lO·THATTJ;Ii6'fORM .IS VALID n-iRQUGH DECEMI3ER 31 OR. THE
CALENI)Af~ Yt::Ar(!~VVHI<:Hll"'S'FILEb. fALSO UNDERSTAND THAt 1 AM. RE901~E1O TO
INFORM TI-IATPVI3Li.CENTITYPRIPRto ENTERING INTO A C\:)NTRACT IN EXCES60FTHE
THRESHOLb Arvi6UNTPROVIOEblll!SECTION 2$7.011 FLQRIDA STATUTES.F0R A
·CATEGORY1WO'OF ANYCHANGI2INTHEINFORMATION CONTAINED IN "fHISFORM, . . -' . .., ,,' '-
. /(/~~ ..... 4' . I~ it(Jte) 76
. Swornip and !l4b~cribed p!1fore.lJ1~ thls.JJO 4l: __ rJay pf )).6etn~_~_
. Personally kqown _~~. __ ~ ...... _~_~_
Or prodUced idf'..ntifjc.ation ~ __ ~.
(Type of identification)
. .' ~ .
. " ... '.
---.....,................:...
My c.ommiss'rrio;;,n~e~xp;;·;.;;l(e;;,;s;;;;;;;;;;;;;~_;,;;.;;. ;;;o_;;;_,;;.'""",'!1
.. ".~t4~';"',. NKENGAA PAYNE
(
i'ii' '. MY COMMISSION # DD 7f4026
EXPIRES; Oclober q, 2011
.. Bonded Thru Notal)' Publio UlldanVt«els
'"""'"""!' ..... ~ • ...,-~ ,typed or stamped commissiohed
nof notary public.)
1. Do you have any past duo financial obligations willi Miami-Dade County? .
YEB
Singte Family House't_oans
MulU-FamUy Housing Rehab
COBG C!>m'll~rcial loan Project
U.8. HUD Seellon 108 Loan
Other HUDl'unded ,Programs
Other (lien~, fines, loarts,
.--
Occup;.Uonilflicenses; etc.)
II YES, please explain: .
--------.. -.......
2 •. Do you have any past due financial obligano"s with Miami-Dade Couniy?
YES NO L
IIYES, please explain:
" 3. Are, you. afetatiW of or do,yo~ have, any busjness or financialinlerest<'willi anY'etecte<,i Miami-Dade County o!tidal,
Miami-Dade Qalinty Employee, <" Member ofMlamf-DadeCounty"s Advisol)' Boards?
YES NO /
tl YEiS, ptease •. xplain:
. Any f~Is~infomi.tlan p),,~ided <In' llillj:affidavit will b~ reason far rejection and disqua.lification of your project-funding request
to Miami-Dada CoiJnty. . .
~le answetJta tegoing. s '01lS ar~ correctly slated to the best·of my ~nowledge and be!~ef.
By: _ . ,...-c' DQCoo\tlt(" \WI O2.DIO
paean!} . (Date)
SUilSCnlBEo AND . ORN TO (or affirmed) .before. me this \ C) day oW):: £'
BY~f'.-o e :DO~)f {QOA • He/She is ~I]ooalll' kOQlMljo me or has presented
, ____ -nasidentifieafion,
~Q.,.~ ·iSA ¥I.'Df",_
(Prin! Ot Stamp of Noial)') . . .
Notal)' Public _. Stamp of 'S::1.v _
""''''''IV' .... '''., ...... JV'#,fJf:)f;)!:l.. h "" ~;."( Pll~ Notarv Public Stale of Flonda
#~ (' SlleUa Alexander
, -, )0 ; h i My Commlss!on 00626828
~ oot.... Expires 09/29f2012 ~ Off\: -""-
(Sena! Number)
__ n\~\~ ~"te)
Nolal)'Seal
DEVELo.PER'S AFf':IMVIT THAT MIAMI-DADECo.UNTY TAXES,
FEES AND PARKING TiCKETS HAVf,= BEEN PAID ,
(Section 2,,8,1 (c) onne Code of Miami-Dade County, as amended by Qrdinance No. 00-30)
, and
THAT DEVELOPER.IS No.T IN ARREARS TO. THE Co.UNTY ,
, (Section 2-B.1(h) of the Code of Miami-Dade County, as, amended by Ordinance No,OO-67)
I, ~"kr ~1 :·~bik~_ ' , ,being first Quly sworn, hereby state atld certify
that II)~ statements are true anQ correct:
1. That I am the D~veloper(ifthe DeVeloper is an individual}, or the )"AhA_ /J. ~Io,ye., ('_(fill in
the title of the position held with the Developer) of the Developer. ~~-
2. That the Developer ha,s paid ali delinquent and currently due fees or taxes (inch,ding 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 parkfngtiCkets
for vehicles registered in the name of the above developer, have been paid.
3. ThaI the, Qeveloper is not in arrears In excess of the enl'o'rOenwnt llires,hold under any
, , contract; ,final non~<appeasable Ndgment, or lien with Mi'lrni-Oade Cqunty, or a,ny of its
ageilcies ,or Instrllffientalltjes,ln¢lliding(he, Pubii<:; Helllt!r Tnisl,either dii'er,tlyorlndirectly
through a firm,' corJ'lQf<ltibJi; ,partnership or joint venture in which !lie Qeveloiie~ 'has a
controlflngfinaflPi.aiinterest Foi:purposes hereof, the,term "enforce111entthreshold'" m"ans
any arrearage under any indfvlduai contract, non-appeal able, judgment, or)ien witll Miami·,
Dade County that eXCeeds $25,OQOand has been delinqUent for greater than 180 (jays. ,For
j:)urj:)osesf)ereof, 'trye ,t~nn "controlling finanCiilfinferest" means ownership, directly or
indirectly, of ten percent or Iilore 'of the outstanding cl'ipital stock in any corporation, or a ,direct
or indi:tic interes often percent <w 1)10re in a firm, partnership, or other busines!i entity. '
Byt_, _ 71-,', ';2 , ' " , 'DcLr!)ber \(0, 20 \0
Qate
II*, ""·r .... bi\e, 'PhD. 5.!'J.J(PIO/O/OI':iJ"l>jjj_J_j ".:r'¥, PrintedtJmll of Affiant and Titfe' , Feder~1 Empl9yer Identification Nomber
, 'flba DfSb,vth J.diQrni " ', ____ -'--_ J " Printed Name of Firm
_&120 ~f Dn'v€' l '~v1h &();;un.i} FL _'..:::3;..::'3>:,.,., ''-Y'-='3:...-_--
" ' , 'Address of Film
, SCRIBED AND SWo.RN TO (or affirmed) before me this /lg<{l, day Of~..11nbeV
, , ,20j!L
, ,BL.J::\::0-toy YniV"lib;~, Phj). , . . c . He/She is personally known to me or has presented
--~ r
-, -'-. ~''' .....
, i9 til of Notary
as identification,
NKENGAA,PAYNE--
MY COMMISSION I !lIrn4'S!&--II~--~
EXPIRES: Oolober 5,201' Sedal Number
Bonded Thl\.l Nola!)' Public Ullderwritef<l
t ee" _ ....
Print or Stamp 'Name of Notary , Expiration Date
Notary PUbUc--State of _fJatidL_ Notary Seal
9
MicrQ$oft Word/Affidavits 2006/Revised/mdm-01-04-2006
FORMA-12
CODE OF BUSINESS ETHICS
In accordaflce with $ection2-8.1(i) of the Miami-Dade County Code,. each persOn or
· entity that lle",t(S t!>do busihess .with· the County shall adopt a Code. of Busines& Ethie&
("Code") and &hiltl. prior-to execu!ionof any contract between ·the contractor and the
.County, sulmiitan affidavit stating fhat the contractor has adopted aCode that \:omplies
With the requirements of Section 2.8.1 (i) of the Miami~Dade County Code. Any person
· Of entlly that fails. to sllQmif l.he required ~ffidavit shall be. ilieligible for c6nt~ct award.
·The Code of Business EthiCs shall apply to all business that the cont~ctor does w1th the
· County and shall, at a minimum, require that the contractor:
• Comply with af! applicable governmental rules and regulations including, among
others, the Miarni-DadeCounlyConflict of Interest and·Cod"! of Ethics Ordirian<;:e
and Ihe False Claims Ordinance. . . .
• Comply with all applicable rules and regulations regarding Disadvantaged
Business· Black Business Entefpri(leS, Hispanic· .. BU(lrness
. Enterprises. and . Enterprises (hereinafter .collectively Minority
Business· Community SmaUBusiness Enterprises
nlT,hi~,it the folloWingpraCtiees:. . .() ~~~~~ge!~~~~~ The Code shall prohibit pass-throughs
\/\J . . Inat the M~E orCSBE finn accept
payments as a.. or CSBE and pass thrbll9li t/lose p<lyments or a
portion·of mQi:le payments to anothlOlr entityinc(uding i bqfnot !ill'litee{ to the
OWf)er/qpim;ltor Qfthe priiTIe firm; . . .
o· RentalSpace, Eguipmentor Flat qvemead FeeR~:lguirementS_ The Gode
shaUpr~l:\lblt .fEint;.!1 ,space requirements, equipn:tent. requirements, and/or
flat.overhe1>d fee Je'quirements, whereby the piimefirrifrequiriios the MaE
<if GSBE jl.rm to rent space or IOlqyipmentftomthe.prime fiMor charges a
flat overhead 'fee for the use ofsjJace, equipment, secret<lry, etc~
o Staffing ReqUirement(l, The Code shall prbhihit the· prime firin from
mandating; as.i;I;col1dition .to inclusion· in tM project, that a MsEor CSBE
hire; fire,o(prom9te pertilin individuals nQt ernployedby the pi'imeflrnl,or
utilizEistaffemployedQI previously employed by the prime .firm. . .
o MBE or CSBE:IDaff Utilization. The COde shaJI pra/libit the prime firm
from requiring . tf:Je MBE or CSBE firm to provide. more staff than is
neCessary arid. then utilizing the MBE or CSBE sfuff for other work to be
performed by the pnme firm. .
. () Fraudulently !treating, operating or representing MBE or CSBE. ·The Code
shall prohibit .~. prime firm including, but not limited to, the
owners/operatorsl/lEm:iof, from fraudulently creating, operating or
representing <m:i;lotity as a MBl;: or esBE for purpQsss of qualifying for
certification as a MBt: or CSSE. .
• The Cqde· shall also r~quire that on any contract Where MBE or CSSE
participation is purp·orted, the contract shall specify essential telms. including, but
not limited to; aspeciHc statement regarding the per<:ent of participation planned
for MBEs or CSBEs, the timing of payments and when the work is to be
·perfOlriied. .. . :.... . ... .. . .. .
• The failure ofa .contractor to comply with its Code of BusIness Ethics shall render
any contract between the contractor and the County voidable, and subject
viqlators to debarment frqm future County work pursuant to Section 10·38(h)(2)
. of the Code. The Inspector General shall be authOrized to investigate any alleged
violation by a contractor of its Code of Business Ethics.
8y: -.-A!,~.-Sign ure of Affiant
Al!WlOSlif 5CJ -(POOO if,? \ , J Federal .Employer Identification Number
~ O~ ~ovm ~iO\tx\A·
. ~ .< Printed Name of FIm1
(oJSQ ,SI5A<A DriV!L/~r~ M'\().M~ I fL. '33\'1) . .
,. . .. ,. .. :. ... .... .. Address pf FIrm . .., . ... ". . . . .
. . SUBSCRIBED 'AND SWOR~' TO (Ofaffi~med ) before ~e this ,JBlL dily of 1~ .. 20 •.. 1-0
. He/She is personally known to me or has presented as identifi(:ation.
~ Type of fdentificaUon
_. -. --~"N""
Explration Date
-,-..
COLLUSION. AFFIDAVIT
(Cdde of Mianii·Dade County Section 2-8.1.1 and 10-33.1){Ordinanoe No. OB-itS)
, . .
BEFORE ME:,A NOTARY PUBliC, personally appeared +bJv( l'JirablL. who being
duly Gworn states: (insert name of !lffiimt) : . .
lam' over 18 years of age, halfe personal knowledge <if the facts stated Iri ihlsaffidavil .
and I am an owner, officer, director, principal shareholder and/or I am olhecwlse avthorized to
bind the bidder of this cOntract
i U(l:;{le that (h~ bicider of this conb'act
ftf is not related to any oftne other parties bidding in the compefiUvesolicitation, and that the I'" contractor's prqposal is genuine .and not sham or co/lusiveor made in the iriterElSt or on
behalf of a~y person npt therein named, and thatto", contractqr has not, direcUy or itidirectly,
ind4ced or SOlicit<)c! any other proposer to put in a sham proposal, 'orany other person, Mil,
or:corporation to refrain from propqsing, and Ihat.the prQPoser has notlnany manner so~ght
bycolhisl<m to secure totheptoposer an advantage overall\: !ltherprOP<lS\§'.' .
QB '. . '. . . ... .. .' .... ' ..•. ' .
Elis: related lothefollc)wing parties wha bId In the sol101tatiOh Whi¢hill';ild~ntified.ai1dlisted
belOW: '. . .
Note, IInyperson or .Wily that fails to spbmit ihis,!icecutedafficf~vit shall be )n~ngible for
contract .award.ln,'the even! a .recol11mendedcontractor Identifies. related parties· In. the
competitive solicitation ils bid shall,,'e presumed to be 'collusive and tile rilcdmmended. cOntractor
shall be Ine.fiQible for aWard unlllJlli.thalpr",sum-ptlon/s rebutted bypfeSentafioll 9,f evidence as to
the .extentof owO\lrshiPi C9iltrol and management ofs\lch tel~lt!,d partlesin:the plilparation' anc!
,imbmiltal. of such. bids' Or proposals. Related partlesshall meanbidderli. Of proposers/or' the
. princlpals, c6rporateQffjqerli, and manaQerli !hereof wllich.havea difllclor Indirect ownership
. loter!)St in. anotoer bidder or proposer for th~ same agreem!'~t o'rin which a parentCOI)'ipanyor
the principals theraofof one (1) bidder or proposer have a director Indireotown~rship interest in
another bidder or proposer for ihe same agreement: Bids orproposats found to be collusive. ·shall
·:::rejected. d~~ . D«e~~2oJO
7 'Signature of A~-Date
\-IU~rfnt~~~!\!fkt~RJdC~ MaM.yr F1jelr~~;;e~ ~:rI~:a1o~fu'i)t~
04 hl of ~Cill1'h MiCHv\; . ' .. ~ ,.r:::.I>.l!!!3.cn'-!:p'"n,-'n7te·-d:-:N-:-a-m-e-of:-:·F"'lrm----.-------
CaI:;O S'1H)se± Drilf€,.SoJ\n N\~ (B--331~3
( Ac!dress of Firm
SUSSeR/BED AND SWORN TO (or affirmed) before me thiS~ da; of ~L 20~
He/She is personally known to me or has presented --------::c--,:-:-:--::cc--:;---. as'
lifehtincation. . _ Type of IdentifiGalion
MY
Notary public --.State 01 :=~L""~
Nota", Seal
BID PACKAGE AODENDUM ~ .(f1:t199
PISCLOSUR.,E A!30UT RELATED PARTIES
12e..cgm ber \ to I «.0 \ ()
Date
THERE ARE NO BOARD MEMBERS OF THE ~~~ !'1o.n<\.
(Ageiloy Name) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY
TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A
CONFLICT WITH Cb~ of S()vth Mi(i,f'I\~ (Agency Name) OPERATIONS.
BY:.,d~~
. Signature of Affiant
CERTIFICATION REGARDINGLOni{I(lNG
Ce:r~it'ic&'tion for Contracts, Grantg, Loans and Cooperative Agrecmeni~
The un<lersigned certifi~, «} thebes! of his or her knowltidge andbeIief,that
1. No Federalappropriated funds have been paid 9r will bepald, by or on behalf of the
undersigned, to. any person for influencing or attempting. to influence an offiCer or
·employee of an agency, a: Member of Congress, an officet oremployee of Congre,~s,
or an employee of a Memb.ei of Congress in CO!1llection with th~ awarding of any
Federal contract, the malting of any ·Federal grant, the making of any Federal [oan,
the entering into of any cooperative agreement, and the· extension, continuation,
renewal, an16ndm~1it) or lnodifieation of any Federal contract,. ~irg.J!t, !o.~~n~ {Jr.
cooperative agreemellt.
2. If.any of the funds other than Federalappropriated funds have been paid orwiUbe
paid to any person for influencing or attep:1pting toinflu\lnce an officer or employee
.ofllliy agency,. a Member of Congress, an officer or ~I)lployee .of, COil-gress; or·arl.
employee of a-Member of Congress in CO!1llectiotiwiihthis Federlli Clnittact; gi-ant,.
loan, otcooperatlve agreement,the llI'ldersignei"lshall ()ompl~teandsU!)lliit stan~ard
FOl"nitLL, . "Disciosq.re Form· to EePort Lobbyii!g~" ·lii . aceordance with·its
instlUctions, ..
3. ·theuud~l"Signed shall relluire. that theJangUage of:t1ris certifiCation be inoh.lded in
the aWard dOGumt'mts fOl: ail subawards at all tiets (inch'tdingsubconttacts, suhgr'"<IIlts,
.and 0l!1t.ritcts i!tidcrgnuits,!pailS;imd ·cooperative agreement In excess of$100,0(l0)
. and that all subrecipicnts shallcer!lfy· and disclose accordingly.
4. This .certification is a material representation of fact upon which reliance was placed
when this.transiwtion W'dS made or entered· into. Submission.pfthii certification is a
prereqUisite for maldng or elitering into. this tnlllsactjoliilnposedby sectionlJSZ,
title 31, U.s. Code. AD;Y person who fails to fife tIle required certification shall he
subjectto a civilpcllalty of not less than' $10,000 and not.niore than $100,000 for
·each such failure.
Ph. \).
--.... '.
LIVING WAGE REQUIREMENT <Miami-Dade County Ordina!lQ.~..J-44)
Effective November II, 1999 the provisions of Miami-Dade County Ordinance 99-44 and Section
2-8.9 of the Code of Miami-Dade COlmty shall apply to all service contracts involving the
expenditure of over $100,000 per year for "Covered Services".
"Covered Services" are the type of services pnrchased by the County that are subject to the
requin;ments of the Living Wage Ordinance which are one of the following:
(1) County Service Contracts
(i) food preparation and/or distribution
(ii) security services
(iii) routine maintenance selvices such as custodial, cleaning, refuse removal, rCl)air,
refinishing and recycling
(iv) clerical or other non-supervisory office work, whether temporary or pennanent
(v) transportation and parking services, including airport and seaport services
(vi) printing and reproduction services
(vii) landscaping, lawn and/or agricultural services
In <!ccordance with Miami-Dade County Ordinance 99-44, all Service Contractors entering into a
contract with Miami-Dade County to provide Covered Selvices as described above shall pay to all
of its employees providing such Covered Services to the County a Living Wage of no less than
$8.56 per hour plus Health Insurance as described in the aforementioned ordinance. or $9.81 per
hour without Health Insurance.
Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of
health care benefits for employees and their dependents. Proof of the provision of Heilith Insurance
must be submitted to the Connty to qualifY for the wage rate for employees with health benefits,
The Selvine Contractor shall also agree to produce all documents and records relating to payroll and
compliance with this Ordinance prior to award of a contract as it result of tins s()licitation upon
request by the County.
If records reflect that the Service Contractor is in violation of this Ordinance, the County has the
right to sanction the Serviee Contractor to include but not limited to tennination, fine and
suspension.
ThIs Ordinance encompasses various responsibilities that must be accomplished by the successful
proposer such as record keeping, posting al,d reporting. Upon the award of this corttract, the
successful proposer must be prepared to comply with these requirements as outlined in Ordinance
99-44.
5/01
10/2
FORMA-ll
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 99-44 and Section 2-8.9 of the Miami-Dade County Code)
Solicitation No.: _l:!I-J!A'C-L ____ ..,.-__
title: ~\\1~_t1~ :>\-( It:-l L~~ tUT"-'-'t~?'-'-r"'_\O'='~"-'1--__
I, ::J\fL~~b~ \C-. "---' being first duly sworn hereby state and
certify that in compliance with Miami-Dade County Ordinance 99-44 and Section 2-8.9 of the Miami-Dade
·County Code, by accepting award of this contract, the bidder or proposer agrees· to pay the living wage
required by Miami-Dade County Ordinance 99-44 to all employees assigned to this contract. The bidqer or
proposer further understartds that the current living wage applied to this contract is $8.56 per hOllr plus health
. benefits as described in the ordinance, or $9.81 per hour without hellith benefits.
'5/\ _ biOI 01 0 I L/ 1:3 I J I __ ..L __________ _
"_~C=jJ~u/9:..J.f-s>....!~~ou~rtbJJr..:..." .J.d ..... i,.,."i (I.fYl~i ______ ~ o Printed Name afFirm '"
_" ~e.!!2Q:.........:\~S~!M2:l_Ll<'i:re~±~D.I:::(i :!.I.-i~,f R.~/_ ..LS..l..l'.:~!0fu!ll.l....LM~" ..!..!:I Cl.c:>..tlYlu1L-+' _~,-,·L,"",-· ~3=3;:..!.t-''1_''')'_ __ _
Address o'fFirm '"
SUBSCRmED AND SWORN TO (or affirmed) before me this ~ day of ~__ ,20flJ.,
by ~C~ \VI i ( a.. b ·;"lx . HelShe is personally known to me or has presented
Affiant
as identification.
Type ;;[ldelltification
Serial Number
Notruy Public -State of r bvi lc NotalY Seal
Rev. i120100.
10/1
[
'FAIR SUBCONTRACTING POLICiES ~
(Ordinance 97-35)
----------------'-
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the fo"oWln~J
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certify that the foregoIng' information ;,;;:r~"t ~ co ~ //
Signature of Authorized Representative:, (}(tjZ'...-/:....--r . ____ _
Title: ' Date: ... Du.tm Ioer l (.p, Q2 0 I () __ _
Firm Name:~tJ Of ~S'ov\V) JII.ttl:yY\i 'Fed.ID No: 5q~ &Q9043"-!.1 __ .
Addrellf>: M.."?O .$\J(\'i,e-\-j)c\\{Q..
City:.s~/) ~-lA \~ state:_h-,--,,=,-__ Zip Code: 33. \ L-{ ~
Fax: ,&S) ..JQJp2.-<0::> t{-5" Telephone: ~ -6?!i.8 ~ 0)'510
12
Microsoft WbrdfAffidavlts 2006/Revlsed/mdm~01~04·2006
uty or :;,ourn I"lIaml
P!.m:hasing Policy
The City Commission's approval is required on all purchases over five thousand dollars ($5,OOO.OO). To
this end, resolut-ions prepared by the department requesting the purchase shall be SUl:mlitted to the City
Commission for approval before the purchase is ma.;!e. In the event of an emergency, approval may be
given by the City Manager pending later ratification by the City Commission. Unauthorized purchases
are not allowed and considered to be a none obligation of the City of South Miami. The person ordering
the unquthorized purchase is personally liable for the costs of the purchase. Splitting of' or(jers through
multiple purchase orders for the same goods or services to circumvent bid procedures is Improper) they
are uh\luthori.zed and illegal, It is imperative that all personnel who are involved In the ordering Of goods
and services are completely informed about purchasing procedures and complies with the pmvisions.
purchasing procedures are diVided into two different categories as follows:
£UBkHASE OF ITEMS OR SERVICES UNDER $5.000
Using the order form, the departments shall submit requests for all purchases to
Central Selvices Office, indicating the date item is needed, if applicable,
description of item including parts and/or manufacturer's number, quantity of
item needed, budget account number to be charged, and Department Head's
sign'lture. In order to expedite the process, it is advisable that departments
submit three price quotes with all orders above two hundred dollars. When
replacing non-office supplies item, written justification must be provided, and
the damaged or obsolete item must be submitted to the Central Services Office.
Upon receipt of the order form by the Central Services Specialist, a process of
verifying the price quotes will follow. This involves checking the price quotes
submitted by the departments with the vendors, if not written. In the case of
acquisitions dealing with sole source, approval by the City Manager will be on a
case by case basis, and justification must be provided.
Requisitions using other government bids will be accepted provided a copy of
the awarded bid reflecting the bid number, expiration date, products and or
services, and prices on the proper government letterhead is provided.
After verifying the price quotes, the Central Services Specialist will prepar<! or
verify the departments requisition, and key in the system to request a purchase
order.
III cases where total goods and services obtained from a vendor in a fiscal year
is expected to exceed five thousand dollars ($5,000.00), an open purchase .
order method will be utilized. This method consists of drafting a resolution to be
presented to the City Commission by each department requesting authorization.
Once the total amount of purchases from the approved vendor exceeds ...
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ucy or ::,oum Miami
Purchasing Policy
the amount authorized by the City Commission, a new resolution will be drafted to request new
authorization.
ACOUISITION OF ITEMS,OR SERVICES EXCEEDING $5,000.00
The procedures for acquisition of iterns or services over five thousand dollars ($5,000.00)
shall be in accordance with the City Charter. Departments shall submit order form to the
Central Services Office indicating items or services to be purchased, quantity, date needed,
and Department Head's signature.
Any of the following three formal competitive bidding procedures shall be utilized when
acquiring any item that falls in this category.
1. COMPETITIVE SEALED BIDDING PROCEDURE
Invitation to bid shall be issued by the Central Services Office and advertised in a
locql newspaper, The invitation shall contain a detailed description of the items or
contractual services sought; the deadline for submittal of all bidS, and all contractual
terms and conditions applicable to the procurement of the items or services. Opening
of the bids shall be administered through the City Clerk's Office.
2. COMPETITIVE PROPOSAL PROCEDURE
The Central Services SpeCialist shall seek competitive proposals from at least three
different sources of supply using the specifications on the order form submitted by
the departments. The vendor with the lowest bid shall be awarded the contract,
unless it is determined to be a low-ball, at which time the City will exercise its rights
to reject the bid and select another one.
3. OTHER GOVERNMENTAL AGE;NCIES' FORMAL BIDDING PROCEDURE
Bids received by other governmental agencies on similar items or services that the
City is acquiring mey be used if the agency follows similar competitive bidding
procedures set forth by the City.
THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL RESPONSES RECEIVED ON
SOLICITED BIDS.
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AT"tACHMlENT H
SUBCONTRACTOR/SUPPLIER LISTING
(OrqinahCe97-104)
Fini1<Name of Prime ContractorlDeveloper ~~~"£:L<~S.2< QY.l.!}_t.~~~:'-___ ~ __ -,-__ _
This fOim,ora comparable listing meeting the requirements of OrdinahceNo. 1)7-104, MUST be completed
by the developers on County conlractsfor purchase of supplies, ,materials or seNie~, including professional
si!rvices Which involve expenditures of $100,000 or more, and< all developers on County or Publi<c Heallh
Trusi cOllslructioncontracts Which Involve expenditures<ol $100:000 or more. Thls< form, or a<comparal)le
listing meeting tile, requiroments of Ordinance NO i 97-104, niustbec6mplet<)d andsUlbmitted ev<!n
though th~develoPer will not utilize sul;lcontractprs < orsuppllors pnthe< contract. The deveioper
should eriter the word "NONe" under the appropriate heading on Ihl" form in those inst1\oces< where
no "ubcoljlrsctors or suppliers will be tise!l on the cQntractThl' developer who is <.awarded the contract
. shall not change ors4bstltute first tier 5ubc(jrilractors or direct suppliers or the portions of the contract work
to be·perrormed or materials to b'isupplied from th6S$ identified;<excej:ltuponwritlen approv;jl olthe County.
I certify that the representations contained In this Subcontractor/Supplier LIsting are to the best of my
I<nowledge true and <i.ccurate.
J2£.r.ro}..hgc ~d~l· Q, 0 \0 Authoriied Represe~Taiive -
(Dupncate If additional space is needed)
13
MiCrosoft WOf<UAffidavits. 20061R~vised/mdm"{)1"()+-2006