13TO:
FROM:
DATE:
SUBJECT:
BACKGROUND:
GRANTOR:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
South Miami
hOd
AII·Ametica Citv
'IUP
2001
Hector Mirabile, PhD., City Manager A
December 20, 20 I I Agenda Item No.:E
A resolution authorizing the City Manager to amend the Combined FY 2008,
2009, and 20! 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 December 31, 20 II to December
3 I, 2012 for the Murray Park Aquatic Center -Construction Phase I in the
amount of $1,207,374.
Miami-Dade County Public Housing and Community Development (PHCD)
awarded the City of South Miami the Murray Park Aquatic Center -
Construction Phase I with an expiration date of December 31, 20 I I in the
amount of $1,207,374. The City of South Miami was awarded multiple grants
for the Murray Park Aquatic Center -Construction Phase I that were
combined into one contract Combined FY 2008, 2009, 20 I 0 Murray Park
Aquatic Center -Construction Phase I from Miami-Dade County's
Department of Public Housing and Community Development. The City of
South Miami was approved for an additional contract extension for 12-months
in the form of a grant agreement amendment with Miami-Dade County's
Department of Public Housing and Community Development for the Murray
Park Aquatic Center -Construction Phase I.
Miami-Dade County Public Housing and Community Development (PH CD)
formerly known as Miami-Dade County Department of Housing and
Community Development (DHCD)
GRANT AMOUNT: $1,207,374
GRANT PERIOD: January I, 20 I 0 through December 31, 20 I I
ATTACHMENTS: Amendment One to the Combined FY 2008, 2009, and 2010 Community
Development Block Grant Contract between Miami-Dade County and City of
South Miami for the Murray Park Aquatic Center Construction -Phase I.
Combined FY 2008, 2009, and 20 I 0 Community Development Block Grant
Contract between Miami-Dade County and City of South Miami for the
Murray Park Aquatic Center Construction -Phase I.
1 RESOLUTION NO, __ _
2
3 A resolution authorizing the City Manager to amend the Combined FY 2008, 2009,
4 and 2010 Community Development Block Grant agreement with Miami-Dade
5 County's Department of Public Housing and Community Development (PH CD) to
6 extend the expiration date from December 31, 2011 to December 31, 2012 for the
7 Murray Park Aquatic Center -Construction Phase I in the amount of $1,207,374.
8
9
10 WHEREAS, the City of South Miami was awarded multiple grants for the Murray Park
11 Aquatic Center -Construction Phase I that were combined into one contract Combined FY 2008,
12 2009, 2010 Murray Park Aquatic Center -Construction Phase I from Miami-Dade County's
13 Department of Public Housing and Community Development with a contract expiration date of
14 December 31,2011; and
15
16 WHEREAS, the City of South Miami has been approved for a 12-month contract
17 extension in the form of a grant agreement amendment with Miami-Dade County's Department
18 of Public Housing and Community Development for the Murray Park Aquatic Center -
19 Construction Phase I; and
20
21 WHEREAS, the Mayor and City Commission wish to accept the grant agreement
22 amendment with Miami-Dade County's Department of Public Housing and Community
23 Development; and
24
25 WHEREAS, the Mayor and City Commission authorize the City Manager to amend the
26 agreement with Miami-Dade County's Department of Public Housing and Community
27 Development to extend the expiration date from December 31, 2011 to December 31, 2012 of
28 the grant agreement amendment for the Murray Park Aquatic Center -Construction Phase 1.
29
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
32 COMMiSSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
33
34 Section 1: The City Manager is hereby authorized to amend the grant agreement
35 amendment with Miami-Dade County's Department of Public Housing and Community
36 Development to extend the expiration date from December 31, 2011 to December 31, 2012 for
37 the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center -Construction Phase 1.
38
39
40 Section 2: This resolution shall be effective immediately after the adoption hereof,
41
42
43
1 PASSED AND ADOPTED this __ ,dayof ,2011.
2
3 ATTEST: APPROVED:
4
5
6
7 CITY CLERK MAYOR
8
9
10 Commission Vote:
11 READ AND APPROVED AS TO FORM Mayor Stoddard:
12 LANGUAGE, LEGALITY AND Vice Mayor Newman:
13 EXECUTION THEREOF: Commissioner Palmer:
14 Commissioner Beasley:
15 Commissioner Harris:
16 CITY ATTORNEY
2
Resolution Number#R-1222-07; R-1127-08; R-914-09; R-1284-0S; and R-l11-10
Duns Number #024628976
Award Amount $1..207.3i4
CDBG2010
Municipality
AMENDMENT ONE TO THE COMBINED FY 2008,2009 & 2010
COMMUNITY DEVELOPMENT SLOCK 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 May 16th, 2010, 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 !l eC) 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 B-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
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)
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 1/ (F)(1), is amended to read as follows:
Certificates of Insurance
The original to be rece~/ed by PHCD within the first month of this Agreement period, and
submitted with each payment request; including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of this
agreement.
Page 1 of3
Resolution Number#R·1222·07; R·1127-08; R-914-09; R-1284-09; and R-lll-I0
Duns Number #024628976
Award Amount $1,207.374
CDBG2010
Municipality
Government entity shaH indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, loses or damages,
including attorney's fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the 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 claims, suits or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue thereon_ 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
harmless and defend the County or its officers, employees, agents and instrumentalities
as herein as herein provided.
4. Attachment 8-1 is amended in its entirety and replaced with the new Attachment 8-1(8).
5. Page 29, Section IV (A)( 2), first sentence is amended to read as follow:
This Agreement shall expire on December 31, 2012.
6. Attachment A·1 is amended as indicated in A-i.
The effective date for this amendment is December 31, 2011.
All references in the Contract to the expiration date shall now read the expiration date of
December 31,2012.
Except for any changes enumerated above, all provisions of the Agreement shall remain in full
force and effect.
This Amendment and all its attachments are hereby made a part of the Agreement.
Page 2 of3
Resolution Number#R·1222·07: R·1127·Q8: R·914·09: R·1284·09: and R·l11·10
Duns Number #024628916
Award Amount $1,207.'374
CDBG 2010
Municipality
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY:
NAME: Hector Mirabile, Ph.D.
TITLE: City Manager
DATE:
BY:
NAME: ____________________ ___
TITLE: ____________________ ___
DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
FederallD
Number: 59-6000431 ~R::":-1:;.o2:-::2':;:-2 _'="07=-;-=R:-_1C"C1C::2=-7 _""""087";-::R:-_-
914-09; R-1284-09; and R-
Resolution #: 111-10 C;:::D;;:'5:::3°c4:-;;C:-;::0"'9C~I'-; :::CC=-D5;::3O::5C;:C:-;::0-;::-8C~I:--;
CD534C09CC!; and
Index Code: CD536C10C!
BY:
NAME: Carlos A. Gimenez
TITLE: Mayor
ATTEST
BY~: __________________________ ___
TITLE:
Contractor's Fiscal Year Ending Date: September 30'h
CORPORATE SEAL:
AMENDMENT IS NOT VALlD UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 3 of 3
\O~HER~ ~'UNb!NG; CDBG 2008 funds that were used for the Design Phase
: (Matching by City)
COST;
UN TS:
IRS 990, Certlficate of GOOd Slan(ling, Ta); EJcemptlon
signed COOG conlract for processing and final execution to Miami-Dade Coullty Mar;ager's
gillee!JI:m
;gl!]
ywri1ten aw·
ry 10th, 2012 reSp.
JANUARY 1, 2C09 THRU DECEMBER 31, 2012
City of South Miami
Murray Park Aquatic Center(!o Incllude Swlmming Pool)
CDBG 2008, 2009 & 2010
t~f~~1~i9t:tf?~~Q.(:f;
$185,537.00
$100,000.00
r~%?ltl~tr1i{~i~~:&
People
Attachment A·1
-,,~,
JANUARY 1, 20QgTHRU DECEMBER 31, 2012
: CDSG 21)1)8 funds that were used for the Design Phase
( 1-UNUIN\,:I; (Matching by City)
COST:
PP' packag
experionce
(Form HUD 4010)
in Construction Contracts
Part 60·2 AffirmaHvl! Action Program
300als
Dabarment, Suspensiton, Ineligibility alld V.aolunt.ary Exclusion· L::lwer Tier
Opportunity (EEO) Clause for Contractors Not Subject to executive Order {ECO
Opportunity for Special Diabled Veterans and Veterans of the Vietnam Era
Oppo;lunity for Workers with OiahilWo$
of Requiremen1 tor affirmative ActiO'! to Ensure Equal Ernploymen1 OppOrtunity (ECO 11246)
Equal Employment Opportunity (EEO) Clause for Contractors Subject to executive Order (ECO 11246) l11rL014 3131
Cerliflcatlon of Nonsegregated FaCilities 1/1120j2 3131
Notice to ProspectiVe Subconva:ctors of Requirments for Certification of Nonsegregated Fac!~lie$ 11112012 3131
Nollce of Requiremenl-Clean Waler, Clean Air, EO 11736 and EPA Regulations Provision 1/112012 3/31
Certlfication of Compliance with Federal Regulations 1/112012 31Sl
Certification Regarding Debarment, Supensiol'l, and Other Respons!blllty Matters (Direct
Pago2014
City of South Miami
Murray Park Aquatlc Center (to lncllude SVYlmmlng Pool)
CDBG 2008, 2009 & 2010
EWflrS;t~9ifoZ$QQ;
$165,537.00
$1QO,(lOQ.00
S1,492,911,00
~W!~pt-:iJ@~,ffl{;41fo~q.,:
People
Attachment A.1
I
, OTHER FUNDING: CDBG ZOOS funds that ware used for the Design Phase
OTHER FUNDING: (Matching by City)
TOTAL PROJECT COST:
ACCOMPLISHMENT UNITS:
;,1. Affirmative Action Program
Free Workplacll
JANUARY 1, 2009 THRU DECEMBER 31, 2012
Pllse30f4
City of SOlith Miami
Murray Park Aqua~c Cenler (to incl1ucle Swimming Pool)
CDBG 2008, 2009 & 2010
~k~i@~'f1?§ii~t4,m;
$1$5,537.00
$100,000.00
~f{/l";l~~~~~~~
People
Attachment A·i
'~'k\tJl¥}.%!f;Jti~
'!11jf>'i""
JANUARY 1, 2009THRU DECEMBER 31, 2012
'l~~; ..
Paga40f4
City of South Miami
Murray Park Aquatic Center (to !ncllude Swimming Pool)
CD8G 2008,2009 & 2010
iywJJ.Sli~q::-~7.:4([~
$185,537.00
$100,000.00
rKsl;w;2mAf~~~~
People
Attachr'nentA-1
};'''P
ATTACHMENT B-l(B)
INDEM!~IFICAT10N AND INSURk"fCE REQUIREMENTS
Government entity shall indemnify and hold harmless the County and its officers, employees, agents and
inst:11Inentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,
which the County or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of this Agreement by the 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 claims, suits or actions of any kind or nature in the name of
the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and
attorney's fees which may issue thereon. Government entity expressly nnderstands 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 hanb.less and defend the County or its officers,
employees, agents and instrumentalities as herein as herein provided.
RESOLunON NO: 279-10-13313
A Resolution of the Mayor and City Commission of the City of South IWlami
approving the reallocation of the remaining balance of fiscal year 2008 grant
agreement amendment with Miami-Dade County's Department of Housing and
Community Development (DHCD) for the Murray Park Swimming Pool Design
Phase in the Amount of $90,463.00 to the Construction Phase of the Murray Park
Swimming Pool for a total Community Pool Construction Award in the amount of
$1,2()7,3S1.g0 $1,207,374.00; and setting forth that all CDBG grant funding for the
Murray Park Swimming Pool will be combined with an extended expiration date of
December 31, 2011; and providing for an effective date.
WHEREAS, the City of South Miami was awarded a grant for Murray Park Pool
Design in the amount of $276,000.00 from Miami-Dade County's Department of Housing
and Community Development with a contract expiration date of December 31, 2009; and
$185,537.00 was expended.
WHEREAS, the Mayor and City Commission is desirous of approving the
reallocation of the remaining balance ($90,463.00) of the grant agreement amendment
with Miami-Dade County Department of Housing and Community Development for the
Murray Park Pool Design Phase to the Construction Phase.
WHEREAS, the City of South Miami was awarded multiple grants for Murray
Park Pool from Miami-Dade County's Department of Housing and Community
Development to be combined into one contract.
WHEREAS, the City of South Miami was approved for a 12-month contract
extension in the form of a grant agreement amendment by Miami-Dade County's
Department of Housing and Community Development for the Murray Park Pool
Construction Phase through a grant agreement amendment; and
WHEREAS, the Mayor and City Commission wish to accept the grant agreement
amendment with Miami-Dade County's Department of Housing and Community
Development; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission approve the reallocation of the
remaining balance of the grant agreement amendment with Miami-Dade County's
Department of Housing and Community Development for Murray Park Pool Design
Phase in the amount of $90,463.00 to the Murray Park Pool Construction Phase.
Section 2: The Mayor and City Commission approve the combination of all
previous funding (2008-2010) for the Murray Park Pool from Miami-Dade County's
Department of Housing and Community Development, including the above $90,463.00
reallocations irom the Murray Park Pool Design Phase to Construction Phase, in the
Pg. 2 of Res. No. 279-10-13313
$1,207,374.00
total amount of $~,z8i';361-.ee, into one contract with an extended expiration date of
December 31, 2011.
Section 3. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 1 3 , day of Dec. ,2010
ATTEST: APPROVED:
CITY CLERK MAYOR
Commission Vote: 5-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Resolution Number # R·1222-07i R-1127 ·08i R·914·09i R·1284·09; and R·111·1 0
Duns Number #024628976
Awarded Amount $1.207,374
CDBG 2010
Municipalitiy
Combined FY 2008,2009 & 2010
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter referred to as "Agreemenf' or "Contracf'), by and between Miami-Dade County,
a pOlitical subdivision of the State of Florida, hereinafter referred to as "County" and the City of South Miami,
hereinafter referred to as "Awardee" and having offices at 6130 Sunset Drive. South Miami. Florida 33143, and
telephone number of (305)663.6345, states conditions and covenants for the rendering of Community, Economic or
Housing activities hereinafter referred to as "ActivUy or Activities" for the County through its Department of Housing
and Community Development hereinafter referred to as "DHCD," and having its principal offices at 701 N,W. 1 Court,
141h Floor, Miami, Florida 33136, collectively referred to as the "Parties." This Agreement governs FY 2008, FY
2009 and FY 2010 Community Development Block Grant ("CDBG") funds and supersedes any and all prior
FY 2009 and FY 2010 CDBG contracts and amendments between the Parties.
WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and
welfare of the residents throughout the County and further provides that all functions not othelWise specifically
assigned to others under the Charter shall be performed under the supervision of the Miami-Dade County Mayor;
and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing
and Community Development Act of 1974, as amended, with the primary objective of promoting the development of
viable urban communities.
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous
of providing such activities; and
~~~~~~~~~~~~~i~'t'ttr~ia~t~'~~$~1~'2~O~7~.3~7~4~O{f COBG funds to the Activity Murray Park Aquatic located at 5800 SW 66'" Street. South Miami.
";~~~if;'i,' voun',v 'Departments and Municipalities, will be
a form of a loan that for(Jiva.bllie if the national objective is met pursuant to the terms and conditions
set forth herein, including but not limited Section W(2)(a)(1 )-(2),
WHEREAS, the Awardee shall carry out the activities specified in Attachment A, "Scope of Services", in
Miami-Dade County or the focus area(s) of the county,
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as
follows;
I, DEFINITIONS
DHCD
24 CFR Part 570 -CDBG
Community Development
Corporation
Local
Department of Housing and Community Development or its successor
Department.
Federal regulations implementing ntle 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 moderate-income area
residents and which is receptive to the needs expressed by the
community,
Having headquarters in Miami-Dade County or having a place of
business located in Miami-Dade County from which the Contract or
Subcontract will be performed,
Low-and Moderate-Income
Individual or Family
Very Low Income Individual or
Family
Contract Records or Agreement
Records
Federal Award
Awardee
Property
Subcontractor or Subconsultant
Subcontract
II. THE AWARDEE AGREES:
A person or family whose annual income does not exceed 80%
of the median income for the area, as determined by Hun with
adjustments for smaller and larger famiiies and with certain
"exceptions as provided In 24 CFR Part 570.
A person or family whose annual income does not exceed 50%
of the median income for the area, as determined by HUn with
adjustments for smaller and larger families and with certain
exceptions as provided in 24 CFR Part 570.
Any and all books, records, documents, information, data,
papers, letters, materials, electronic storage d.;t~Q and media
whether written, printed, electronic or efectrica;t however
collected, preserved, produced, developed, maintained,
completed, received or compiled by or at the direction of the
Awardee or any subcontractor in carrying out the duties and
obligations required by the terms of this contract, including but
no! limited to financial books and records, ledgers, drawings,
maps, pamphlew, designs, electronic tapes, computer drives;
and diskettes or surveys.
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.
Recipient of CDBG 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.
Any individual or firm hired. on a contractual basis by the
Awardee for the purpose of performing work or functions cited
on the Action Step Format (Attachment" A 1) of this contract.
Any contractual agreement between a Subcontractor and the
Awardee.
A. The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," which is
incorporaled herein and attached hereto, in Ihe County or the focus area(s) of the County.
B. Insurance Requirements
Upon DHCD's notification, the Awardee shall furnish t<> the Departmenfs Community and
Economic Development Division (CEDD), 701 N.W. 1 Court, 14th floor, Miami. Florida 33136,
relevant certificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of
Service (Attachment A). The effective coverage start date of applicable insurances shall not be
later than the date of the Agreement execution and shall be approved by Miami-Dade County's
GSA Risk Management Division prior to any reimbursement being processed_ All certificates and
insurance updates must Identify the names of the Awardee and the Activity being funded through
this Agreement. Too Awardee shall provide Builder's Risk Insurance andlor Flood Insurance (if
applicable) upon the issuance of the Nolice to Proceed with an effective date for coverage
commencing on Ihe Notice to Proceed date.
2
Any changes to the required insurance policies, including coverage renewals, must be submitted
to DHCD through a formal notice Immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required Insurance documents in the manner prescribed in these
requirements within sixty (60) calendar days after the Board of County Commissioners' approval,
the Awardee shall be In default of ihe 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, inctuding
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 fnat it begins construction on the project. If the insurance certificates are scheduled to expire
during the Agreement period, the Awardee shall be responsible for submitting naY' or renewed
insurance certificates to the County at a minimum of thirty (30) calendar days before such
expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed
certificates are received by the County in the manner prescribed in the requirements; provided,
however, that this suspended period does not exceed thirty (30) caiendar days. If such
suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the
Agreement. Prior to execution of the Agreement by the County and commencement of the
contracted services, the Awardee shall obtain all insurance required under this Section and submit
same to the County for approval. All insurance shall be maintained throughout the term of the
Agreement.
D. Indemnification
The County shall not assume any liability for the acts, omissions to act or negligence of the
Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own
acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this
Agreement. The Awardee shall Indemnify and hold harmless the County and its Officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including
attomeys' fees and costs of defense, which the County or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings
of any kind or nature ariSing out of, relating to or resulting from the performance of this Agreement
by the Awardee or its employees, agents, servants, partners principals or subcontractors. The
Awardee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits or actions of any kind or nature in the name of the County, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
Issue thereon. The Awardee expressly understands and agrees that any Insurance protection
required by this Agreement or otherwise provided by the Awardee shall in no way Iimft the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve
as a waiver of sovereign immunity by the County nor shall anything herein be construed as
consent by the County to be sued by third parties in any matter arising out of this Agreement. The
provisions of t~is section survive the termination or expiration of this Agreement.
E. National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be
required to achieve the national objective of Benefit to Low and Moderate Income Persons or
Households (LMI). (See Attachment B-2). Awardee shall execute and deliver to the County.
simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by
the County pursuant to this Agreement in the event that Awardee fails to meet the national
objective. Awardee understands that the County may be liable to the United States Department of
Housing and Urban Development ("HUD") for repayment of the federal funds loaned to Awardee
pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the
national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF
FUNDS, PURSUANT TO THIS AGREEMENT ANDIOR THE PROMISSORY NOTE, IN THE
EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL
OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment
of funds loaned to Awardee pursuant to this Agreement.
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 ior monitoring progress, performance, and compliance
with this Agreement and for compliance with applicable County and Federal requirements.
i. Certificates of Insurance
Tne original to be received by DHCD within the first month of this Agreement period, and
submitted with each payment request, including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of
this agreement.
a. Worker's Compensation Insurance for all employees of the Awardee as required by
Florida Statute 440.
b. Public Liability Insurance on a comprehensive basis in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and property
damage. Miami-Dade County/DHCD must be shown as an additional insured with
respect to this coverage. The mailing address of the Department of Housing and
Community Development, as the certificate holder, must appear on the certificate of
insurance.
c. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles
used In connection with the Services, in an amount not less than $300,000 combined
single limit per occurrence for bodily injury and property damage.
d. Professional Liability Insurance in an amount not less than $N/A with a deductible
per claim not to exceed ten percent (10%) of the limit of liability.
2. Progress Reports
a. The Awardee shall submit a status report using the form attached hereto as
Attachment C, "Progress Report; as it may be revised by DHCD, which shall
describe the progress made by the Awardee in achieving each of the objectives
and action steps identified in Attachment A and Attachment A-i.
The Awardee shall ensure that DHCD receilles each report in tnplicate (or as
indicated) no later than April 10, 2010, July 10, 2010, October 9, 2010 and
January 8, 2011.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized
to fulfill the terms and conditions of this Agreement, Miami-Dade County
Resolution No. 1634·93 will apply to this Agreement. This resolution requires
the selected Awardees to file quarterly reports as to the amount of Agreement
monies receivad from the County and the amounts thereof that have been paid
by the Awardee directly to Black, Hispanic and Women·Owned businesses
performing part of the contract work.
Additionally, the listed businesses are required to sign the reports, verifying their
participation in the contract work and their receipt of such monies. For purposes
of applicability, the requirements of this resolution shall be in addition to any
other reporting requirements required by law, ordinance or administrative order.
The Awardee shall submit to DHCD a cumUlative account of its activities under
this agreement by completing the following portions of the Progress Report
Form:
4
Section I • Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments and/or delays encountered
during the implementation of the project and an unduplicated count of clients
served during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction andlor housing rehabilitation
projects shalf report on the progress of their activities including the number of
housing unils completed and occupied by low-moderate and low income
residents. The Awardee shall also report demographic information on each head
of househoid. Each goal and corresponding objective(s), as indicated in the
approved Scope of Services, must be addressed as part of this report.
Section II • Fiscal Information:
The Awardee must report expenditure information based on approved budgetad
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program income Usage for each contracted actlvity.
Section III • Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report) • The Awardee shall report to DHCD the number o.f business activities
involving minority vend~rs, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in
Attachment C, and when applicable Section 3 in the same Attachment shall be
completed semiannually by the Awardee and submitted to DHCD no later than
April 10, 2010 and October 9, 2010.
Section IV· Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) • The Awardee shall report to DHCD the number of target and
service area residents who have received employment opportunities from
federally financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be submitted using
the Progress Report Form attached hereto as a Section in Attachment C, as it
may be revised. This section of the form shall be completed semiannually by the
Awardee and submitted 10 DHCD no later than Aprll 10,2010 and October 9,
2010.
The Awardee shall submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation shall comply
with the format specified at the lime of the request. Failure to submit the
Progress Reports or other information in a manner satisfactory to the County by
the due date shall render the Awardee in noncompliance with this Article. The
County may require the Awardee to forfeit its claim to payment requests or the
County may invoke the termination provision in this Agreement by giving five
days written notice of such action to be laken.
c. Unspecified Site(s) Objective -If the Awardee has not yet identified a location to
carry out any of the activities described in Attachment A, the Awardee shall
submit, in triplicate, Progress Reports, using the form attached hereto as part of
Attachment C, on a monthly basis until such time as the Awardee complies with
the prOVisions contained within Section II, Paragraph FA. of this Agreement.
Copies of the above described Progress Report shall be reCeived by DHCD no
later than L~e tenth (10th) business day of each month and shall address the
progress undertaken by the Awardee during the previous month. This Progress
Report shall not be required if the Awardee is submitting the Progress Reports
required by Section II, Paragraph F .2.a and Paragraph F .3.
5
3. Annual'Report (Fourth Quarter Progress Report)-The Awardee shall submit a cumulative
status report (hereinafter referred to as "Annual Reporti using !he "Progress Report"
specified in Section II, Paragraph F.2.a. above, which shall describe the progress made
by the Awardee in achieving each of the National Objectives identified in Attachment A
during the previous year. The "Annual Report" must cover the CDBG fiscal year of
January 1, 2010 through December 31, 2010 and shall be received by DHCD no later
than January 6, 2011.
4. Environmental Review -The Awardee immediately upon locating or determining a site for
each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall
submit information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
Infonmation contained in Attachment D, "Information for Environmental Review Form."
Notwithstanding any provision. of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or
site approval. and that such commitment of funds Or approval may occur only upon
satisfactory com pletion of environmental review and receipt by the County of a
release of funds from the U.S. Department of Housing and Urban Development
under 24 CFR Part 58. The parties further agree that the provision of any funds to
the prolect is conditioned on the County's determination to proceed with, modify or
cancel the prolect based on the results of a subsequent environmental review.
5. 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. Personnel Policies and Administrative Procedures -The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure,
property management and procurement policies and procedures, personnel
management, accounting policies and procedures, etc. Such Information shall be
submitted to DHCD within 30 days of the execution of this Agreement.
7. Inventorv Report -The Awardee shall report annually all nonexpendable personal and
real property purchased with CDBG funds from this and previous agreements with the
County as specified in Section 11, Paragraph W ofthis Agreement.
8. Affirmative Action Plan -The Awardee shall report to DHCD information relative to the
equality of employment opportunities whenever so reqUested by DHCD.
9. Disclosure of Related or Affiliated Parties
At the time of contract execution, or at any other time at the request of the County,
Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated
Parties shall mean persons, corporations, partnerships, or other business entities (a)
which have a direct or indirect ownership interest in Awardee, (b) which have a parent or
principal thereof which has a dkect or indirect ownership interest in Awardee, (c) whose
members appointed by Awardee, or (d) which the County deems in its sole discretion to
be a Related or Affiliated Party of Awardee. The Awardee shall report this information to
the County upon forming the relationship or, if already formed, shall report it immediately.
Any supplemental information shall be reported quarterly in the required Progress Report.
This provision shall be construed broadly to the benefit of the County. Non-compliance
with these requirements will be considered a default, which may result in the immediate
termination of the agreemen~ the recovery of the entire funding award, and the
disqualification of funding through DHCD for a period of three years.
10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal Property
Awardee shall notify the County in writing within ten (10) days of the occurrence of any of
the following as to Awardee or any Related or Affiliated Parties:
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 relaled to this Agreement. Awardee shall also provide the County with a
copy of all court filings, notices of default, arrearage or late payment, or any other
documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in wrtting by the
County.
c. Any default or arrearage on any loan, Note or other debt or obligation for
which the Property Is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution,
reorganization, appointment of a trustee or receiver.
e. Any action, activity, facis, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and
shall entitle the County to seek any and all remedies available at law, equity and
pursuant to this Agreement.
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal Agreement, the making of any federal grant, the making of any
federal loan, the entering Into of any cooperative Agreement, and the extenSion,
continuation, renewal, amendment, or modification of any federal Agreement, grant, loan,
or cooperative Agreement.
2. The Awardee shall disclose to DHCD if any funds other than federal appropriated funds
have been paid or wilt be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan, or cooparative Agreement, on a Standard Form~LLL, "Disclosure
Form to Report Lobbying," in accordance with its instruclions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all liers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
The Awardee agrees to abide by Chapter IJ-A, Code of Miami-Dade County ("County
Code"), as amended, applicable to non-discrimination in employment, housing and public
accommodation.
Rules, Ragulations and Licensing Requirements
1. The Awardee shall comply with ali laws, ordinances and regulations applicable to the
services contemplated herein, especially those applicable to conmct of interest and
collusion. Awardees are presumed to be familiar with ail Federal, State and local laws,
ordinances, codes, rules and regulations that may in any way affect the goods or services
offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity"
and as amended by Executive Order No. 11375, as supplemented by the Department of
Labor Regulations (41 CFR, Part 60), the Americans with D!sabintie. Act of 1990 and
implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of
7
Florida Statutes and any and all other local, Stale and Federal directives, ordinances,
rules, orders, and laws relating to people with disabilities. The Awardee will also comply
with OMS A-122, OM8 A-110, OMS A-21 , OMB A-133, and with ihe applicable
procedures specified in DHCD's Contract Compfiance Manual, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be
revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination cn 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 l1A·
60 et seq. of the Miami-Dade County Code, which requires an employer, who In the
regular course of business has fifty (50) or more employees working in Miami-Dade
County for each working day durtng each of twenty (20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law
may be grounds for voiding or terminating this Agreement or for commencement of
debarment proceedings against the Awardee.
3. If the amount payable to the Awardee pursuant to the terms of this Agreement is in
excess of $100,000, the Awardee shall comply with all appUcable standards, orders, or
regulations, Issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857
h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended;
Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency
regulations (40 CFR Part 15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act" The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
DHCD.
5. Americans with Disabilities Act (ADA) of 1990 -The Awardee shall attest to; and submit
the required Disability Non-discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below Including but not limited to, those provisions
pertaining to employment, proVisions and program services, transportation,
communications, access to facilities, renovations, and new construction. .
6. Affirmative Action/Non-Discrimination of Emplovment. Promotion. and Procurement
Practices (Ordinance #98-30) -All firms with annual gross revenues In .excess of $5
million, seeking to contract with Miami-Dade County shall, as a condition of award, have a
wriUen Affirmative Action Plan and Procurement Policy on file with the County's
Department of Business Development. Said firms must also submit, as a part of their
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are exempt from this
requirement and must submit, in writing, a detailed listing of their Boards of Directors,
showing the race or ethnicity of each board member, to the County's Department of
Business Development. Firms claiming exemption must submit, as a part of their
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall
be subject to periodic reviews to assure that the entiUes do not discriminate in their
employment and procurement practices against minorities and women-owned
businesses.
It will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compliance with the Ordinance. Those firms
that do p.ot exceed $5 million annual gross revenues must clearly stale so in their
bid/proposal.
8
Any bidderJrespondent which does no! 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 Affidav~ -Prior to entering into any contract with the County, a
firm desiring to do business wil~ the County shali, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-60 of the
Miami-Dade County Code. This Ordinance applies to employers that have, in the regular
course of business, fifty (50) or more employees working in Miami Dade County for each
working day during each of twenty (20) or more calendar work weeks in the current or
preceding calendar year. In accordance with Resolution R_185-00, the obligation to
provide domestic violence leave to employees shall be a contractual obligation. The
County shall not enter into a contract with any firm that has no! 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 deciared void, the contract being terminated andlor the firm befng 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 staling that the
Awardee has adopted a Code that complies with the reqUirements of Section 2-8.1(1) of
the Miami-Dade County Code (Form A-12l. Section 2-11.1(d) of Miami-Dade County
Code as amended by Ordinance 00-1, also requires any county employee or any member
of the employee's immediate family who has a controlling financial Interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
from competing or applying for any such contract as it pertains to this solicitation, must
firsl requesl a conflict of interest opinion from the County's Ethic Commission prior to their
or their immediate family member's entering into any contract or transacting any business
through a firm, corporation, partnership or business entity in which the employee or any
member of the employee's immediate mmily has a controlling financial interest direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
and that any such contract, agreement or business engagement entered in violation of
this subsection, as amended, shall render this Agreement voidable. For additional
informallon, please contact the Ethics Commission hotline at (305) 579-9093.
9. Public Entity Crimes -Pursuant to Paragraph 2.(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list fullowlng a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of real property 10 a public entity; may not be awarded or perform work as a
Awardee, supplier, subcontractor, or consultant under a contract with any public entity;
and, may not transact business with any public entity In excess of the threshold amount
provided in Seciion 287.017 for Category TWO ($10,000) for a period of thirty-six (36)
months from the date of being placed on !he convicted vendor list. The Awardee warrants
and represents that it has not been placad 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 Ihis agreement
10. Criminai Conviction -Pursuant to Miami-Dade County Ordinance No. 94-34, "Any
individual who has been convicted of a felony during the past ten years and any
corporation, partnership, jOint venture or other legal entity having an officer, director, or
executive who has been convicted of a felony during the past ten years shall disclose this
information prior to enlering into a contract with or receiving funding from the County."
Failure of the Awardee to disclose this informalion as required may lead to the
lerminalion oflhis agreement by Miami-Dade County.
If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the
Awardee, is found by the responsible enforcement agency, the Courts or the County to be
in violation of the Acts, the County will conduct no further business with Awardee. Any
9
contract entered into based upon a false affidavit, as listed below, and submitted pursuant
to this resolution shall be voidable by the Coun\;':
1. Miami·Dade Coun\;' 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. Mlami·Dade Coun\;' Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
10. Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other
Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavit
15. Financial and Conflicts of Interest Affidavit
16. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm hes with
the County, such contract shall be voidable by the County, even if the attesting firm was not in
violation at the time it submitted its affidavn.
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 Aocommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and Title V,
Mlsoellaneous 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:
Publio Law 88-352 and Public Law 90·284; aflirmatively furthering fair housing; Executive Order
11063.
Section 109 of the Housing and CommunRy Development Act.
Labor standards.
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub recipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Aot.
11. National Objective
Awardee must achieve the following national objective;
To benefit low-and moderate-income persons;
10
1. For activities designed to meet the national objective of benefit to low-and
moderate~jncome persona. the Awardee shan ensUre and maintain
documentation, acceptable to OHCD in its sole discretion, that conclusively
demonstrates that each activity assisted in whole or in part with CDBG funds Is
an activ~y which provides benefit to persons where no less than 51 % of of those
benefitted are low-and moderate-income persons.
2. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and
shall carry out each activity in compliance with all applicable federal laws and
regulations described therein. If the Awardee is a primarily religious entity, it
shall comply with all provisions of 24 CFR 570.200 0).
3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antldisplacement
and Relocation Assistance plan under section 104(d) ofthe HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families! individuals, businesses, nonwprofit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDSG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions end policies
concerning the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Awardee shall obtain,
immediately after a site is identified by the Awardee, OHCO's written
environmental clearance statement and shall agree in writing to comply with any
and all requirements as may be set forth in the Site EnVironmental Clearance
Statement.
5. The Awardee shall cooperate with DHCD in infoomlng the appropriate CDSG
citizen participation structures, inciuding the appropriate area committees, of the
activities of the Awardee in adhering to the provisions of this Agreement.
Representatives of the Awardee shall attend meetings of the appropriate
committees and citizen participation structures, upon the request of the citizen
participation officers, DHCD, or the County.
6. The Awardee shalJ make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with DHCO in
informing the appropriate CDSG citizen participation structures, including the
appropriate area committees, of the aciivities of the Awardee in adhering to the
provisions of this Agreement. Representatives of the Awardee shall attend
meetings of the appropriete committees and citizen partiCipation structures,
upon the request of the citizen partiCipation officers, OHCD, orthe County.
7. For activities involving acquisition, rehabilitation andlor demolition of property
and which require the relocation of families, individuals, businesses andlor
industries, the Awardee shall submit a written notification to the Community
Outreach and Real Estate Section of DHCD prior to relocating, evacuating,
endlor dispersing any and all legal occupants who reside at this property on the
basis of a long or short term lease. When the legality of an occupant (individual,
family, business, andlor industry) is in question, the Awardee shall contact the
above mentioned unit prior to making a determination. Awardees receiving
COBG funds shall adhere to 24 CFR part 50 andlor part 58 and to the rules and
regulations of the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970, as amended. The Awardee shall adopt Affirmative Marketing
Procedures and requirements for CDSG assisted projects. These procedures
must consist of actions to provide information and attract eligible persons from
all racial, ethnic and gender groups to the avanable services. The Awardee shal!
annually assess its affiomative marketing program to determine if the procedures
II
used to comply with the requirements specified in Public Law 88-352 and Public
Law 90-284 successfuUy 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 naiional
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding his compliance with the national objective, and DHCD
will have the right to monitor the activity.
9. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
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 conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted if modification is impossible.
However, the obligations under this Agreement, as mOdified, shall continue and all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J. Board of Directors
If the Awardee is a Community Development Corporation (CDC), DHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative 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 federat standards.
3. Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act; Contract Work Hours
and Safety Standards Act; and Lead-Based Paint Poisoning Prevention Act as amended
on September 15, 1999; and other related acts, as applicable.
4. Submit to DHCD ior written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
5. Submit to DHCD all construction plans and specifications and receive DHCD's approval
prior to implementation.
6. Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, DHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is
determined by DHCD, in its sole discretion, to be seventy-five percent (75%)
completed, At the time that the construction work is determined by DHCD to be
seventy-five percent complete, the retainer will be reduced to 5% until the work is
completed, Completion shaH 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
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.
12
8. Execute and reccrd, 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
1>. 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 OMS A-133.
Nonprofit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program-specific audit performed, in accordance
with OMS 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 OMS A-i33, 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 subma to the County
annual compilation reports that describe their perfoonance. To achieve uniformity
regarding the reporting format. such documents must comply with the accounting industry
standards by communicating an independent accountants (1) expression of limited
assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytiC
procedures (Review Report); (2) results of procedures performed (Agreed-Upon
Procedures Report); (3) non-expression of opinion or any form of assurance on a
presentation in the form of financial statements informaflon that is the representaUon 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-i33 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all
program generated Income and its disposition. especially attributable to CDSG funds, an
internal control review. and a compliance review as described in OMS A-i33. A copy of
the audit report in triplicate must be received by DHCD no later than six months following
the end of the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement. but the requirements of OMS A-
133 do not apply the Awardee may choose to have an audit perfooned either on the
basis of the Awardee's fiscal year or on the basis of the period during Which DHCD-
federal assistance has been received. In either case, each audit shall cover a time period
of not more than twelve (12) months and an audit shall be submitted ccverlng 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 OMS A-133, as these may be
limited to cover only those services undertaken pursuant to the teons of this Agreement.
A copy of the audit report in triplicate must be received by DHCD no laler than six months
following each audit period.
5. The Awardee shall maintain all Contract Reccrds in accordance with generaiJy accepted
accounting principles, procedures, and practices which shall sufficienUy and properly
reflect all revenues and expendilures of funds provided directly or indirectly by the County
pursuant to the terms of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement.
13
7. The Awardee shall ensure that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnei
and any other personnel duly authorized by the County.
8. The Awardee shall include in all DHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this Agreement and defined by DHCD, each of the record-
keeping and audit requirements detailed in this Agreement. DHCD shall, in its sole
discretion, determine when services are eligible substantive programmatic services and
subject to the audit and record-keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's
expense. The Awardee shall provide access to all of its records, which relate directly or
indirectly to this Agreement at its place of business during regular business hours. The
Awardee shall retain all records pertaining to this Agreement and upon request make
them available to the County for three years following expiration of the Agreement. The
Awardee agrees to provide such assistance as may be necessary to facilitate the review
or aud~ by the County to ensure compliance with applicable accounting and financial
standards.
10. The Awardee shall ensure that its auditors share their audit results with must submit the
audit report to DHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the
Commission Auditor to all financial and performance related records, property, and
eqUipment purchased in whole or in part with government funds. The Awardee agrees to
maintain an accounting system that provides accounting records that are supported with
adequate documentation, and adequate procedures for determining the allow abilily and
allocability of costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami-Dade County with a function or activity
involving the use or disclosure of "Individually Identifiable Health Information (IIHI) andlor
Protected Health Information (PHI) shall comply with the Health Insurance Portability and
Accountability Act (HIPAA) of 1996 and the Miami-Dade County Privacy Standards Administrative
Order. HIPAA mandates privacy, security and electronic lransfer standards including but not
limited to:
1. Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non-permitted disclosures;
3. Reporting to Miami-Dade County of any non-permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions
and condnions that apply to the Contractor and reasonable assurances that
IIHIIPHI 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 avaffable to Miami-Dade County for an accounting of disclosures;
and
8. Making internal practices, books and records related to PHI available to Miami-
Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, andlor electronic transfer of data). The Contractor must give Its customers written notice
14
of its privacy information practices including specificaily, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retentfon of Records
1. The Awardee shall retain aU Contract Records for a period of at least five (5) years
(hereinafter referred to as "Retention Period") subject to the limitations set forth below:
a. For all non-CDSG asslstad activities, the Retention Period shall begin upon the
expiration or termination of this Agreement.
b. For CDSG assisted public service activities, the Retention Period shall begin
upon the date of U.S. HUD's acceptance of DHCD's annual Grantee
Performance Report for the year in which the activity is reported as completed.
For each public service activity, the Awardee must retain all Agreement records
except those relating to real and nonexpendable personal property.
c. For all other CDSG assisted activities, the Retention Period shall begin upon
U.S. HUD's acceptance of DHCD's annual Grantee Performance Report in which
each assisted activity is reported on for the final time. For all the CDSG assisted
activities covered by this Section II, Paragraph L.l.c., the Awardee must retain
all Agreement records except those relating to real and nonexpendable personal
property.
d. For all CDSG assisted activities, the Retention Period for all Agreement records
relating to real and nonexpendable personal property shall begin upon the date
of the final disposition olthe properiy.
2. If the County or the Awardee have received or given notice of any kind indicating any
threatened or pending litigafion, claim or audit arising out of the services provided
pursuant to the terms of this Agreement, the Retention Period shall be extended until
such time as the threatened or pending litigation, claim or audit is, in the sole and
absolute discretion of DHCD, fully, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County full aCCess to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify DHCD in writing, both during the pendency of this Agreement
and after its expiration as part of the final closeout procedure, of the address where all
Agreement records will be retained.
5, The Awardee shall obtain written approval of DHCD' prior to disposing of any Agreement
records wffhin one year after expiration of the Retention Period.
O. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to DHCD, upon request, all Agreement records. These
records shall become the property of DHCD without restriction, reservation, or limitation
of their use. DHCD shall have unlimited rights to all books, articles, or, other
copyrightable materials developed for the purpose of this Agreement, These unlimited
rights shall include the rights to royalty-fees; nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, the information for
public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies, and those agencies issue monitoring reports, regulatory examinations, or other
similar reports, the Awardee shall provide a copy of each report and any follow-up
communications and reports to DHCD immediately upon such issuance unless such
disciosure is a violation of the rules or policies of the regulatory agencies issuing the
reports.
3. Proprietary Information
As a political subdivision of the State of Florida, Miami-Dade County is subject to the
stipulations of Florida's Public Records Law.
15
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at Its own expense, the
disciosure 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 Awardae which may relate to the Improper use, publication, disclosure or removal
from the County's property of any information technology software and hardware and will
take such steps as are within the Awardee's authority to prevent improper use, disclosure
or removal.
3. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof
furnished by the County to the Awardee hereunder or furnished by the Awardee to
the County andlor created by the Awardee for delivery to the County, even if
unfinished or In process, as a result of the Services the Awardee performs in
connection with this Agreement, including all copyright and other proprietary rights
therein, which the Awardee as well as ITS employees, agents, subcontractors and
suppliers may use only in oonnection 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 whloh the Awardee or its employees,
agents, subcontractors or suppliers are or may become engaged. Submission or
distribution by the Awardee to meet official regulatory requirements or for other
purposes in connection with the performance of Services undar this Agreement shall
not be construed as publication in derogation of the County's copyrights or other
proprietary rights.
b) All rights, tille and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee
and its subcontractors specifically for the County, hereinafter referred to as
"Developed Works" shall become the property of the County.
c) Accordingly, neither the Awardee nor its employees, agents, SUbcontractors or
suppliers shall have any proprietary interest in such Developed Works. The
Developed Works may not be utilized, reproduced or distributed by or on behalf of
the Awardee, or any employee, agent, subcontractor or supplier thereof, without the
prior written consent of the County, except as required for the Awardee's
performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all
proprietary rights in and to all Licensed Software provided hereunder, that have not
been customized to satisfy the performance criteria set forth in the Scope of
Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall
require that its subcontractors and suppliers grant, if the County so desires, a
perpetual, Irrevocable and unrestricted right and license to use, duplicate, disclose
andlor permIT any other person(s) or entity(ies) to use all such Licensed Software and
the associated specifications, technical data and other Documentation for the
operations of the County or entities controlling, controlled by, under common conlrol
with, or affiliated with the County, or organizations which may hereafter be formed by
16
or become affiliated with the County. Such license specifically includes, but is not
limited to, the right of the County to use andlor disclose, in whole or in part, the
technical documentation and Licensed Software, including source code provided
hereunder, to any person or entity outside the County for such person's or entity's
use in furnishing any andlor all 01 the Deliverables provided hereunder exclusively for
the County or entities controlling, controlled by, under common control with, or
affiliated with the County, or organizations which may hereafter be formed by or
become affiliated with the County. No such License Software, .specifications, data,
documentation or related information shall be deemed to have been given in
confidence and any statement or legend to the contrary shall be void and of no effect
P. Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Awardee or third parties.The provisions in
this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers
and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all
subcontracts and all other Agreements executed by the Awardee in connection with the
performance of the Agreement.
Miami-Dade County Inspectors General Review
According to Section 2-1076 01 the Code of Miami-Dade County, as amended, Miami-Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the
total contract amount which cost shall be included in the total proposed amount. The audit cost
will be deducted by the County from progress payments to the selected Awardee. The audit cost
shall also !)e Included In all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not
apply to the lollowing contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts
lor financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (I)
concessions and other rental agreements; (g) insurance contracts; (h) revenue-generating
contracts; (I) contracts where an IPSIG is assigned at the time the contract is approved by the
Commission; 0) profeSSional service agreements under $1,000; (k) management agreements; (I)
small purchase orders as defined in Miami-Dade County Administrative Order 3-2; (m) federal,
state and local government-funded grants; and (n) interlocal agreements, Notwithstanding the
loregoing, the Miami-Dade County Board of County Commissioners may authorize the inclusion of
the fee assessment of one quarter (1/4) of one percent in any exempted contract at the time of
award. .
Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a repcrt
conceming whether the project is on time, wIThin budget and in compliance wITh plans,
specifications and applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG
retained by the Inspector General, the Awardee shall make all requested records and documents
available to the Inspector General or IPSIG for inspection and copying. The Inspector General and
IPSIG shall have the right to inspect and copy all documents and records in the Awardee's
posseSSion, custody or control which. in the Inspector General or IPSIG's sole judgment, pertain to
performance of the Agreement, including, but not limited to original estimate files, worksheets,
proposals and Agreements from and with successful and unsuccessful subcontractors and
suppliers, all project-related correspondence, memoranda, instructions, financial documents,
construction documents, proposal and Agreement documents, back-charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds,
rebates, or dividends received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
17
independent Private Sector Inspector General Reviews
Pursuant to Miami·Dade County Administrative Order 3·20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the
County, the Awardee shall make available to the IPSIG retained by the County, all requested
records and documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the payment of these IPSIG services, and under no circumstance
shall the Awardee's prices and any changes thereto approved. by the County, be inclusive of any
charges relating to these IPSIG services. The terms of this provision herein. apply to the Awardee.
its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision
shall impair any Independent right of the County to conduct an audit or investigate the operations.
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03·2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property. and eqUipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain wrttten approvat from DHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to DHCD at least thirty (30) days prior to the start date of
the agreement. DHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
DHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not specifically listed in the
approved budget.
5. The disposition of all real, expendable personal, and nonexpendable personat property as
defined in Section II, Paragraph W.l. ofthis Agreement.
6. Out-of·town travel not specifically listed in the approved budget.
7. The disposition of Program Income not specifically listed in the approved Program
Income budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II, Paragraph K of this Agreement
9. The disposal of all Agreement records as provided for in Section 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
writt;,n approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit DHCD and other persons duly authorized by DHCD to inspect all
Agreement records, facilities, equipment. materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement. andlor to
interview any clients, employees, subcontractors. or assignees of the Awardee. Following such
inspection or interviews. DHCD will deliver tc the Awardee a report of fts findings, and the Awardee
18
will rectify all deficiencies cited by DHCD wilhin the specified period of time set forth in the report,
or provide DHCD with a reasonable justificatlon for no! correcting toe deficiencies. DHCD will
determine, in its sale and abso!ute 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 selVices requried under this Agreement.
The Awardee further covenants t~at in the performance of this Agreement no person having such
a financial interest shall be employed or retained by the Awardee hereunder. These conflict of
interest provisions apply to any person who is an employee, agent, consultant, officer, or elected
official or appointed official of the County, or of any designated public agencies or subrecipients
which are receiving funds under the CDSO Entitlement program. The Awardee certifies and
represents that no officer, director, employee, agent, or other consultan! of the County or a
member of the immediate family or household of the aforesaid has directly or indirectly received or
been promised any form of benefit, payment or compensation, whether tangible or intangibie, in
connection with the grant of this Agreement
The Awardee shall abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict
of Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth,
in connection with its Agreement obligations hereunder.
The Awardee shall disclose any possible conflicts of Interest or apparent improprieties of any party
that are covered by the above standards. The Awardee shall make such disclosure in writing to
DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to DHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board
members, and list of all business associations with the following documents:
» Original Agreement or its subsequent amendments.
» Requests for budget revisions.
» Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement, Which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through DHCD for a penod of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appOinted officer or official, director, employee, agent or other consultant of the
County, or of the State of Florida (including elected and appointed members of the
legislative and executive branches of government), or a member of the immediate
family or household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the executlon or the performance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
Ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
19
affiliate of the Awardee shall have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County,
in its sale discreUon, 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 deta;; the nalure of the relationship
and why it is in the County's best interest to consent to such relalionship.
c) The provisions of this Article are supplemental to, nol in lieu of, all applicable laws with
respect to conmct of interest. In Ihe evenl there is a difference between the standards
applicable under this Agreement and those provided by statule, the stricter standard
shall apply.
d) In Ihe 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 suchiniormation
to the attention of the County's Project Manager. Awardee shall thereafter cooperate
with the County's review and investigation of such information, and comply with the
instructions Awardee receives from the Project Manager in regard to remedying the
situation.
T. Intentionally Left Blank
20
U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by !he County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the
UnUed 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 s1atlonery. The use of the
official County logo is permissible. The Awardee shaIl 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 notip! the County of all events and activities involving
the Project ten (10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CEDD Project Manager at the Department,
must ee notified in order to request the project sign from Miami-Dade County General Services
Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD Project
Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee
is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign
shall remain on the premises at least ninety (90) days after the issuance of the Certificate of
Occupancy (CO) or Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.
Payment for furnishing, installing and maintaining the sign shall be under the bid amount for
mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontraots to be procured pursuant to this
Agreement. To the maximum eldent feasible, these businesses shall be located in or owned by
residents of the Community Development areas deSignated by DHCD in the CDSG application
approved by the supervising federal agency.
The Awardee shall assure that all SUbcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas
be provided with opportunities for employment and training in contracted activities.
!n conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee musi 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. 1701u
(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, shaIl, to the greatest eldent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part
135, which implement Section 3. As evidenced by their execution of this Agreement, the
parties to this Agreement certify that they are under no contractual or other impediment
that would prevent them from complying WITh the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee hes 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 shail describe the Section 3
preference, shell 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 applications for each of the positions; and the anticipated
date the work shall begin.
4. The Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate actlon,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will no! subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training
positions, that are filled (1) after the Awardee is selected but before the Agreement is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this Agreement that are SUbject to the provisions of
Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
8. Fair SUbcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject
to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a
detailed statement of their policies and procedures for awarding subcontracts which:
a)
b)
c)
d)
e)
notifies the broadest number of local subcontractors of the opportunity to be
awarded a subcontract;
invites local subcontractors to submit bids/proposals in a practical, expedient way;
provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
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 fall 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, excluding movable machinerl 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 Properiy: Tangible personal properly of a
nonconsumable nature, with a value of $750 or more per item, wit; a normal
expected life of one or more years, not fixed in place. and not an integral part of
a structure, facility or another piece of equipment.
d. Expendable Personal Properly: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply wiih the real properly requirements as stated below:
a. Any real property under the Awardee's control that Was acquired or improved by
Awardee or DHCD in whole or in part with CDBG funds received from DHCD in
excess of $25.000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five
(5) years after the expiration or termination of this Agreement, or for
such longer period of time as determined by DHCD in its sale and
absolute discretion; or
2) Not used to meet one of the three (3) CDBG National Objectives. In the
event the properly Is no! used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement
or such longer period as detenmined by DHCD, the Awardee shall, In
the sole discretion of DHCD, either pay to DHCD an amount equal to
the market value of the property as may be determined by DHCD in its
sole and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to DHCD at no
cost to DHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
b. Any real properly under the Awardee's control that was acquirOO or improved in
whole or in part with CDBG funds from DHCD for $25,000 or less shall be
disposed of, at the expiration or termination of this Agreement, in accordance
with instructions from DHCD.
c. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with DHCD. or transferrOO to the Awardee after being
purchased in whole or in part wHh funds from DHCD, shall be IistOO in the
property records of the Awardee and shall include a legal description; size; date
of acquisition; value at time of acquisition; present market value; present
condition; address or location; owner's name if different from the Awardee;
information on the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent streets and
roads. The property records shall describe the programmatic purpose for which
the property was acquired and identify the CDBG national objective thai will be
met. If the property was improved, the records shall describe the programmatic
purpose for which the improvements were made and identify the CDBG national
objective that will be met.
d. For awards involving the purchase or improvement of real property, the Awardee
agrees to execute a mortgage. loan document, or restrictive covenant for the
CDBG award with DHCD within 180 days after the execution of this agreement
Failure to comply with this requirement may result In the retraction ot the CDBG
award for the project and termination of this agreement
e. All real property shall be inventoriOO annually by the Awardee and an inventory
report shall be submitted to DHCD. This report shall include the elements listed
in Paragraph W.2.c., above.
23
Nothing in this secflon shall be construed to iimit the County's right to collect from
Awardee the entire amount of CDBG funds awarded pursuant to this Agreement in the
event Awardee fails to meet a national objective.
3. Inventory -Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shaU be assets of the Awardee and may be secured by a mortgage delivered
to the County. A capital item shall be defined as an item that: (1) has a service life in
excess of one year; (2) is either complete within itself or is a major component of another
item of property; (3) by definition cannot be descnbed either as supplies or materials;
(4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more.
Awardee shall notifY the County immediately upon acquiring any capital items with funds
allocated in this Agreement
The County shall allow the Awardee to retain possession of capital eqUipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents
of title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply WITh the nonexpendable personal property reqUirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with DHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number; date of acquisition;
funding source; unit cost at the time of acquisition; present market value;
property Inventory number; infonmation on Us condition; and information on
transfer, replacement, or disposition of the property.
b. All nonexpendable personal property purchased or improved in whole or In part
with funds from this and previous Agreements with DHCD shall be inventoried
annually by the Awardee a'nd an Inventory report shall be submitted to DHCD.
The inventory report shall include the elements listed in Paragraph W.3.a.,
above.
c. Title (ownership) to all nonexpendable personal property purchased in whole or
in part with funds given to the Awardee pursuant to the terms of this Agreement
shall vest In the County and DHCD.
5. The Awardee shall obtain prior written approval from DHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property
purchased or improved in whole or in part with funds given to the Awardee or
subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all
such property in accordance with instructions from DHCD. Those instructions may require
the return of all such property to DHCD.
X. Program Income
1. Program Income as defined in 24 CFR Part 570.500 means gross income received by the
Awardee directly generated from activities supported by CDBG funds. When Program
Income is generated by an activity that is only partially assisted with CDBG funds, the
income shall be prorated to reflect the percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use Program Income to pay for charges
or expenses that are specifically not allowed pursuant to the terms of this Agreement and
applicable federal regulations orrules, or any County rules or,ordinance.
24
a. The Awardee shall comply with the Program Income provISions in DHCD's
Contract Compliance Manual. If any Program Income provisions of the Contract
Compliance Manual conftict with any Program Income provisions of this
Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to DHCD all cumulative Program Income generated
from activities financed in whole or in part by funds from this Agreement, for as
long as it receives and/or has control over Program Income generated from this
and any previous Agreements with DHCD. This information. along with a check
payable to Miami-Dade County for the generated Program Income. must be
submitted quarterly as part of the Fiscal Section of the Awardee's Progress
Report as outlined in Section II. Paragraph F.2.a. The County may in its sale
discretion allow AW8idee to Use Program Income to carry out eligible activities.
The Awardee may request to use Program Income for ellmble activities.
c. If the Awardee requests to use Program Income, the Awardee shall provide to
DHCD a written explanation of the activities to be assisted with Program Income
and shall obtain DHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Subject to the limitations set forth in this Agreement, the Awardee may use
Program Income to fund any CDBG eligible activity as provided for and defined
by 24 CFR Part 570 et.seq.
e. Program Income from a revolving loan activity must be used only for the same
revolving loan activity.
f. Program Income from a revolving loan activity, such as loan repayments,
interest earned, late fees, and investment income. shall be substantially
disbursed to eligible loans, loan-related programmatic costs, and operational
costs for the same revolving loan activity before the Awardee may request
additional CDBG funds for that activity.
g. All Program Income from non revolving loan activities shall be substantially
disbursed to carry out other DHCD approved CDBG eligible activities, and to
cover operational costs before requesting additional CDBG funds.
h. Any proceeds from the sale of property as detailed in Section II, Paragraph
WA., above, shall be considered 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 CDBG funded activities. DHCD may require
remittance of all or part of any Program Income balances (including investments thereof)
held by the Awardee (except those needed for immediate cash needs, cash balances of
revoiving loan fund, cash balances from a lump sum drawdown, or cash Of investments
held for Section 108 security needs).
4. DHCD, in its sale and absolute discretion, reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses
shall conform to the requirements of DHCD's Contract Compliance Manual.
Z. Subcontracts and Assignments
1. Unless othelWise specified in this Agreement, the Awardee shaH not subcorrtracl any
portion of the work without the prior written conseni 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 shal! comply with County Resolution No.
1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors, The system may be accessed at https;lIwww.epts.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 Ust; Awardee shall, at a minimum, check at
http://www.miamidade.qovlsbalreports-debarment.asp to determine if a
person or entity is on Miami-Dade County's debarred contractors Nst. Awardee
shall provide DHCD with a printout copy of the site page that indicates the name
and the date it was checked.
b. Comply with all CDBG requirements, as applicable, as well as the regulations
specified in DHCD's Contract Compliance Manual.
c. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a prOVision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval
that the County or DHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible SUbstantive programmatic service, as may be defined by
DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine
when services are eligible substantive programmatic services and subject to the
audit and record-keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three
bids. Such competitive process shall be described in writing, approved by the
Board of Directors and, a copy of which submitted to DHCD. In such
circumstances that open, competitive bids are not feasible or that a minimum of
three bids are unobtainable, permiSSion to use other methods of award must be
requested in writing and approved by DHCD prior to the assignment or award of
subcontract. The Awardee agrees that no assignment or SUb-contract will be
made or let in connection with the Agreement without the prior written approval
of DHCD, which approval shall not be unreasonably withheld, and that all such
sub-contractors or assignees shall be governed by the terms and intent of this
Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shaN 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 dccuments
relevant to the Services fumished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof,
26
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax wHhholdings, retirement or leave benefits, for the Consultant or
employees of the Consultan! 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 the
subcontractors and suppliers to DHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from DHCD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Addtlional Funding
The Awardee shall notifY DHCD of any additionallunding received for any activity described in this
Agreement. Such notification shall be in wrtling 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 sole discretion, that the Awardee has incurred the expenditures. It shall be
presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to DHCD canceled checks or original Invoices approved by the
Awardee's authorized representative. When original documents cannot be presented, the
Awardee must adequately justifY their absence in writing and furnish copies of those
documents to DHCD. The Awardee shall be paid only for those expenditures contained
within Attachment B, "Budget," to this Agreement as it may be revised with the prior
written approval by DHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to DHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to DHCD, along with all original invoices, copies of front and
back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from
atll 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 terms of this Agreement may be withheld pending the receipt
and approval by DHCD of all reports and documents which the Awardee is required to
submit to DHCD pursuant to the terms of this Agreement or any amendments thereto,
5, All payments will be limited to the quarterly payment schedule that accompanies the
action step chart in the scope of services. Payment is contingent on the achievement bY
the Awardee of the quarterly accomplishment levels identified In the scope of services
portion of this agreement -Attachment A, which shall be submitted with all payment
requests and shall clearly identify the completed level of accomplishments met. This shall
also apply to soft costs associated with project denvery,
6, Nopayment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with DHCD and the County's Risk
Management Division. DHCD must receive the final request for payment from the
Awardee no more than thirty (30) calendar days after the expiration or termination of this
Agreement If the Awardee fails to comply with this requirement, the Awardee will forfeit
all rights to payment(s) if DHCD, In its sale discretion, so chooses,
7, All monies paid to the Awardee which have not been used to retire outstanding
obligations of !his Agreement must be refunded to DHCD In accordance with DHCD's
Contract Compliance Manual.
8. Any unexpended funds remaining after the completion of the services under this
Agreement, or after termination of this Agreement, shall be recaptured in full by the
County, .
9, In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded
under this Agreement, Awardee agrees to and shall assign any proceeds to the County
from any Agreement between the County, its agenCies or instrumentalities and the
Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a
controlling financial interest in order to secure repayment of this award. "Controlling
financial interesf' shall mean ownership, directly or indirectly to ten percent or more of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm, partnership or other business entity.
CC, Reversion of Assets
The Awardee shall return to DHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDSG
funds on hand, any accounts receivable, any overpayments due to uneamed funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves estabUshed by Awardee and which
are connected with the real property, In the case of activities involving real property, such
reserves shall not be distributed to any partner or subcontractor prior to repayment to DHCD of the
CDBG Loan, The Awardee shall at the request of the County execute any and all documents,
including but not limited to, mortgages securing the property, UCC finanCing statements,
and restrictive covenants, as required bY the County to effectuate the reversion of assets.
DO, 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 shail iunds received pursuant to this
Agreement be used for:
1, Adverse Actions or Proceedings, The Awardee shall not utilize County funds to retain
iegat counsel ior any action or proceeding against the County or any of Its agents,
instrumentalities, employees or officials, The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes, County funds shall not be used for religious purposes.
28
3, Commingling Funds, The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County,
!ii. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions
contained within this Agreement in an amount not to exceed $1.207,374,
IV. THE AWARDEE AND DHCD AGREE:
A. Effective Date
B.
1, This Agreement shall begin on Januarv 1. 2010. Any costs incurred by the Awardee prior
to this date will not be reimbursed by the County.
2, This Agreement shall expire on December 31. 2011. Any costs incurred by the Awardee
beyond this date will not be reimbursed by the County, The term of this agreement and
the provisions herein may be extended by the County to cover any additonaltime period
during which the Awardee remains in control of the CDBG funds or other assests,
including Program Income to support CDBG eligible activites. Any extension made
pursuant to this paragraph shall be accomplished by a writing by the County to the
Awardee. Such nonce shall automatically become a part of this Agreement.
3, This Agreement may, at the sole and absolute discretion of the County and DHCD,
remain in effect during any period that the Awardee has control OVer Agreement funds,
including Program Income, However, the County shall have no obligation or responsibility
to make any payment, except those described within Section II, Paragraph Y, or provide
any type of assistance or support to the Awardee if this Agreement has expired or been
terminated.
4. Management Evaluation and Performance Review
1.
The Department may conduct a formal management evaluation and performance review
of the Awardee, if in the Departmenfs sale discretion it is deemed necessary and
applicable. The management evaluation shall reflect the Awardee's compliance with
generally accepted fiscal and organizational standards and practices, The performance
review should reflect the quality of service provided and the value received using
monitoring data, such as progress reports. site visits, and client surveys.
Default or Breach
The AWardee shall be in default or breach of this Agreement if any of the
following acts, omissions or conditions occur:
a, The Awardee fails to fulfill each and every proVision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Agreement.
b, Awardee faUs to disclose alf Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requried
herein.
c. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sale
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of services,
d, Any arrearege, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of
29
Awardee or Related or Affiliated Party, including properties not related to this
Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolUtion, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines In its
sole discretion would materially impair performance by Awardee of all the tenns
and conditions of this Agreemen!.
h. Awardee falls 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.
L Failure to comply strictly with Section W(2)(a)(1 )-(2) of this Agreement.
C. Suspension
1. The County may suspend payment in whole or in part under this Contract by providing
written notice to the Awardee of such suspension and specifying the effective date
thereof, at Jeast ten (10) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the
Awardee as conditions precedent to resumption of payments and shall specify a
reasonable date for compliance. The County may also suspend any payments in whole
or in part under any other Agreements entered into between the County and the Awardee,
The Awardee shall be responsible for all direct and indirect costs associated with such
suspension, including attorney's fees. Reasonable cause shall be detennined by DHCD,
in its sole and absolute discretion, and may include, but Is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of
its subcontractors;
b. Failure by the Awardee to materially comply with any term or provision of Ihis
Agreement;
c. Failure by the Awardee to submit any documents required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
2. In the event of a default by the Awardee, DHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all of the activities funded by this Agreement
3. DHCD will notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include
the reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
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 thet it would be In the best interest of
DHCD and the County. Said notice shall be delivered by certified mail, return receipt
requested, orin person with proof of delivery. In the event of termination, the County
may: (a) request the return of all finished or unfinished documents, data sludies, surveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the Awardee with County funds under this Agreement; (b) seek reimbursement of
County funds allocated to the Awardee under this Agreement; and/or (c) terminate or
cancel any other Agreements entered into between the County and the Awardee. The
30
Awardee shall be responsible ior ail direct and indirect costs associated wit" such
termination, including attorney's fees,
2. Termination for Convenience
DHCD may terminate this Agreement, in whole part, when both parties agree that the
continuation of the activities would not produce beneficial results commensurate with the
further expenditure of funds, Both parties shall agree upon the termination conditions.
DHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3, Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federai appropriations, or should
funds to finance this Agreement become unavailable, DHCD may terminate this
Agreement upon no less than twenty-four (24) hours written notification to the Awardee,
Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery. DHCD shall be the final authority to determine whether or not funds are
available. DHCD may at its discretion terminate, renegotiate andlor adjust ·the Agreement
award whichever is in the best interest of the County.
4, Termination for Substanlial 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 recuest 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 Bankruptoy
The County reserves the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial
portion of the property of the Awardee under federal bankruptoy 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 nolice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of thls
Agreement. The prOVisions herein do not limit the County's right to legal or equitable
31
remedies. The County may resort to any remedy for breach provided herein or at law,
including but not limfted to, taking over the performance of the Services or any part
thereof either by ftself or through others.
In the event the County shall terminate this Agreement for defaul! or breach, the County
or its designated representatives, may immediately take possession of all applicable
equipment, materials, products, documentation, reports and data.
9. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
Agreement with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other Agreements which such
individual or other subcontracted entity has with the County. Such individual or entity shall
be responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any Individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting for
up to five (5) years.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a. lost revenues;
b. the difference between the cost associated with procuring Services hereunder and
the amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and
c. such other direct damages.
2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's
performance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a
court of appropriate jurisdiction. The Awardee shall be responsible for all direct and
indirect costs associated with such enforcement, including atiorney's fees.
4. Dehar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shail not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Agreement, and
the County may withhold any payments to the Awardee uniil such time as the exact amount of
damages due the County is determined. The County may also pursue any remedies available at
law or equity to compensate for any damages sustained by the breach. The Awardee shall be
responsible for all direct and indirect costs associated with such action. including attorney's fees.
Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination.
DHCD shall be the sole judge of "reasonable, allowable costs." Ail compensation pursuant to this
Articie is subject to an audit.
32
F. Renegotiation, Modification and Right to Waive
1. Mcdifications of provisions of this Agreement shall be valid only when in writing and
signed by duly authorized representatlves of each party. The parties agree to renegotiate
this Agreement if DHCD determines, in Its sole and absolute discretion, that lederal,
state, and/or County revisions of any applicable laws or regulations, or increases or
decreases in budget allocations make changes in this Agreement necessary. DHCD
shall be the final authority in determining whether or not funds for this Agreement are
available due to federal, state 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 10
one year beyond the current Agreement period and will notify the Awardee(s) in writing of
the extension. This Agreement may be extended beyond the initial year extension period
upon mutual agreement between the County and the Awardee(s), upon approval by the
Director of the Department of Housing and Community Development.
3. DHCD may, for good and sufficient cause, as determined by DHCD in its sole and
absolute discretion, waive provisions in this Agreement or seek to obtain such waiver
from the appropriate authOrity. Waiver requests from the Awardee shall be in writing. Any
waiver shall not be construed to be a modification of this Agreement.
4. DHCD's failure 10 exercise any of its rights under this Agreemen~ or DHCD's waiver of a
provision on anyone occasion, shall not constitute a waiver of such rights or proviSion on
any other occasion. No failure or delay by DHCD in the exercise of any right shall operate
as a waiver.
G. Budget Revisions and Changes to the CDI3G 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 no! require aAgreement
amendment unless the amount of this Agreement is changed or unless otherwise
required by DHCD. All budget revisions shall require the written approval of DHCD.
DHCD shall have no obligation to approve payment of expenditures incurred prior to the
approval of the budget revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by DHCD no later than 5 working days of
the action; written notification will constitute a Agreement amendment. The Awardee will
have five working days upon receipt of certified return receipt notification to submit a
revised budget reflecting funding adjustments. Should the modlfJed budget not be
received within the speCified time, DHCD will revise the budget at its discretion. DHCD in
its sole and absolute discretion will determine whether substantial reductions will
necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions
to the Scope of Services, when required, will be negotiated to the mutual satisfaction of
both parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives
are classified as noted in the Scope of Services shall not require a Agreement
amendment.
H. Compliance
This Agreement may, at the soie 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 cbligation or responsibiiity to make any payment or provide any
type of assistance or support to the Awardee if this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
33
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, duly approved and signed by both
parties and attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
J. 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 County
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
This Agreement shall be construed in accordance wfth 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. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
34
TO AWARDEE:
COpy TO:
TO COUNTY:
COPY TO:
COpy TO:
COPY TO:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Hector Mirabile, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Alfredo Riverol, Chief Financial Officer
Miami-Dade County
111 N. W.lst Street
Miami, Florida 33128
Attn: County Manager
Department of Housing and Community Development
701 NW 1 ,\ Court, 141li Floor
Miami, FL 33136
Attn: Rowena Crawford, Asssitant Director
Department of Housing and Community Development
701 NW 1 ,\ Court, 141li Floor
Miami, FL 33136
Attn: Letitia S, Goodson, Project Manager
Assistant County Attorney
County Attorney's Office
111 N, W.1stStreet, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or
new address will be rendered In writing to the other party and said notification attached to originals
of this Agreement.
In the event that any of the information required by the provisions of this Article is changed by
either of the Parties after the execution of this Agreement, the affected Party shall give notice in
writing within five (5) days to the other Party of the amended pertinent Information, which shall be
attached and incorporated into this Agreement.
N. Waiver of Trial
Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations,
services and representations herein l nor any aSSignee, successor, heir or personal representative
of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in a~y
lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this
Agreement, or the deaHngs or the relationship bemeen or among such persons or entities, or any
of them. Neither Awardee, subcontractor, nor any SUch person 0, entity will seek to consolidate
any such action in which a jury trial has been waived. The provisions of this paragraph have been
fuliy discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions.
No party has in any way agreed with or represented to any other party that the provisions of
this paragraph will not be fully enforced In all instances.
0, Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement,
including any rights, title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
P. Third Parties
35
This agreement is intended for the sole and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that any of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the Cou'l1ty, will sur/ive 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 teO'l1ination, cancellation or expiration hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the
Awardee is only a reoipient of funding support and is not an agent, employee, sarvant 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 oontractor, and not an employee, agent or servant of the County. All
persons engaged In any of the work Of services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sole direction, supervision and control. The
Awardee shall. exercise control over the means and manner in which it and its employees perform
the work, and in all respects the Awardee's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees, servants or agents of
the County.
The Awardee does not have the power or authority to bind the County in any promise, Agreement
or representation other than speCifically provided for in this Agreement.
S. All Terms and Conditions Included Conflict
This Agreement and its attachments as referenced (Attachment A -Scope of Services; Atlachment
A 1 -Action Sleps; Attachment B -Budget; Attachment B-1 Idemnification and Insurance
Requirements; Attachment B-2 -CDBG Program Requirements; Attachment C -Progress Report
and Set-Up FoO'l1s; Attachment D -Information for Environmental Review; Attachment E -
Certification, Statements and Affidavits; Attachment F -Publicity, Advertisements and Signage;
Attaohment G -Fair Subcontracting Policies; Attachment H -Subcontractor/Supplier listing)
contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of
the parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents andlor agreements
governing this development, the mrms, provisions and definitions included in this Agreement shall
prevail.
In the event that t~e Subsidy Layering Review (SLR) determines the project's true gap financing
needs to be less than the maximum award allocated by the Board of County CommiSSioners, the
SLR amount shall prevail.
Any Awardee granted additional funding for a Project, shall be bound by the terms and conditions
of the subsequent funding award.
U. !nterpretation
Paragraph headings are for convenience on!y and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shell include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine
or neuter as the context requires,
36
V. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the Awardee's obligation to indemnify the County, will survive the term, termination and
cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under
this Agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
W. Corporate Governance
A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, Which is incorporated herein by reference aslf
fully set forth herein in connection with its contractual obligations hereunder.
37
IN WITNESS THEREOF, the parties hereto have c"~jleJl this Thirty-hI ( 8) page contract to be executed by their
undersigned officials as duly authorized, this It? <JLIi day of ...l'1JL~~01~.
AWARDEE:
City of South Miami
BY: BY:
NAME: NAME:
TITLE:
TITLE: City Manager
DATE: Qac...e..w--Ipu ! 7. t 2010
BY: ~,~
NAME Maria M. Menendez
C41f Uk_
/&'.;;'P-IV
DATE
Witnesses:
BY:
AssIstont
.... ".
BY: Date
(Signature)
A1%u1~ R:vftXc> \
Type or Print Name
FederallD Number: 59-6000431
Resolution #:R-1222-07; R-1127-08; R-914-09; R-1284-09; and R-111-10
Awardee's Fiscal Year Ending Date: September 30"
CORPORATE SEAL:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
38
ATTACHMENT A
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
1. -ACTIVITY TITLE:
lDIS#:
lNDEXCODE:
RESOLUTION #:
DUNS#:
ACTIVITY #
2. -ACTIVITY DESCRIPTION:
3.
4.
2. -Activity Category:
2b. -Objective:
2c. -Outcome:
-APPROVED BY BCC:
Other Funding Source and Amount:
-TOTAL PROJECT COST:
5. -HUD INFORMATION:
Sa, -HUD matrix code:
5b. -BUD Activity Type:
5c. -Eligibility
6. -ACCOMPLISHMENTS:
6a. -Number of Units:
6b. -Type:
7. -NATIONAL OBJECTIVE:
City of South Miami
FY 2010 Scope of Services
January 1, 2009 -December 31, 2011
Murray Park Aquatic Center (to include Swimming Pool) -Construction
Phase I
3245
CD534C09CI; CD535C08CI; CD534C09CCI; CD535C08CI; and
CD536Cl0CI
R-1222-07; R-1127-08; R-914-09; R-1284-09; and R-ll1-10
024628976
20051346
The commencement of constructiou of commnnity swimming pool/
aquatic center which is located at Murray Park 5800 S. W. 66'"
Street, South Miami, FL 33143 in the Sonth Miami NRSA. The
project will service no less than 4,000 low/moderate income
residents.
Capital Improvement
Suitable Living Environment
Sustain ability
Anwunt: $1,207,374 Source: CDBG FY: 2008,2009 &2010
South Miami CRA -$100,000
DHCD -Design Phase CDBG FY 2008 $276,000 (*includes tbe
reprogramming of tbe remaining funds ($90,463) from the design phase the
project)
$1,492,911
03F
Parks, Recreational Facilities
570.201(c)
Public .Facilities
Total # of LowlMod in Service Area:
570.208(.)(1) LMA
4,000
Census Tract: 76.03
Block Group: 03
8. -ACTIVITY ADDRESS: 5800 SW 66'" Street
South Miami, FL 33143
9. -LOCATION:
NRSA: South Miami
District: 07
10. • LABOR STANDARD applicable
Type of Work:
o Building 0 Residential o Highway o Heavy
11. Set aside units different from total units
COMMENTS:
~ PROJECT MANAGER: Letitia S. Goodson PLANNER:
AGENCY NAME
ACTIVITY
FUNDING SOURCE
AMOUNT:
TOTAL ACTIVITIY COSTS:
TOTAL AVAIlABLE FUNDING (Matching by City)
PROPOSE.U ACCOMPLISHMENT UNITS:
ACCOMPUSHMENT UNITS:
TYPE:
APPROVED
CITY Of SOUTH MIAMI
Murray Park Aquatic Center {to include SWimming Pool-Construction Phase I
COBG 2009 & CDBG 2010
$1,207,374
$1,492,911
$100,000
People
4,000
People
OF
UNITS LEVEL
ATTACHMENT "A·1"
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE
AGENCY NAME
ACTIVITY
FUNDING SOURCE
AMOUNT:
TOTALACTIVITIY COSTS:
TOTAL AVAILABLE FUNDING (Matching by City)
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
IAPPROVAL REQUIRED)
BACON WAGE
APPROVED
CITY OF SOUTH MIAMI
MUlTay Park Aquatic Center (to Include Swimming Pool-Construction Phase!
COBG 2oo9 & COBG 2010
$1,207,374
$1,492,911
$100,000
People
4,000
People
OF
AITACHMENPA-1"
OF
AGENCY NAME
ACTlVllY
FUND!NG SOURCE
AMOUNT;
TOTAL AC1NITlY COSTS:
TOTAL AVAILABLE FUNDING (Matching by City)
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPUSHMENT UNITS:
TYPE:
STEP
MONTHLY
APPROVED
CITY OF SOUTH MIAMI
Murray Pane Aquatic Center (to include Swimming Pool· Construction Phase I
CDBG 2009 & COBG 2010
$1,207,374
$1,492,911
$100,000
People
4,000
People
OF
LEVEL
ATTACHMENT"A-1"
OF
UNITS
ClTY OF SOUTH MlAMi
Murray Park Aquatic Center (to Include SwImming Pool) -Construction Phase I
CDSG FY 2009 & FY 2010
I. Personnel
U.Conlractllai Services
1II.0perating Services
IV. Capital Outlay
SOURCES OF OTHER
FUNDING
COBG FY' 2008
PRtORYEAR
FUND1NG {Pool
$16,363
$259,637
'0
,0
eM -Design Phase
eRA -Construction Phase
SUMMARY BUDGET
JANUARY 1, 2010-DeCEMBER 31, 2011
CDBGF'(2G08
&2009 CDBGFY2010
CDBG FY20f1a Plan Amendment Plan AmclldnWl'lt
$14,500 $0 $0
$40,500 '0 $0
$0 $0 $0
$501,911 $200,000 $200,000
NON_DACO
'0
$50,000
,0
TOTAL AMOUNT
$
$
50,000
50,000
100,000
AttachmentS
Total
All
$30,863'
$350,137
$0
$10''{11,911
-Due to a MI'l.substantlal change the reprogrammIng of the rema1nlng funds {$90,4G3} will btl; used forthe construction phase of tho project, which wlll requIte a budget modlflcatlon.
SOURCES OF OTHER
~NG
eRA ~ Design Phase
eRA ~ Construction Phase
CITY OF SOUTH MIAMI
COBG Ff 2009 &. Ff 201 ()
Murray Park Aquatic Center {lo Include Swlmm!ng Pool}· COllstrucUun f>ha!;c I
OeTA!1.. BUDGET
Non·C>HCD
JanUary 1, 2009 thru Oe(;~mber 31, 2C11
CDBGFY2G08 CDBGFY2008
TOTAL AMOUNT
$
$
$
50,000
50,000
100,000
20(}!I
Attachment B
"Due to a non.substanUal change the reprogramming of the remaining funds ($90,463) wUl be used forthe construction pnas~ ortoo project, which wUl ret:julre II budget-modiflcallon.
Recipient Name. (Organization):
Contact Person (Name & TIffe):
Activily Name (Prajeet TIUe):
Activity Address:
Acfivily Descnptlon:
ATTACHMENT C QUARTERLY EXPENDITURE AND
PROGRESS REPORT. FY 2010
o 4" Quarter IOct-Dec]! Annual Repor!
Telephone Number. _______ ~ __
ActivifyID #: Index Code: Funding Source: Funded Amount -'$'--____ _
Activity Category: 0 Administration 0 Capitallmpiovement 0 Economic Development 0 Historic Preservation 0 Housing 0 PubficService
Objective: 0 Create suitable living envlronments 0 Provide decent affordable housing 0 Creale economic opportunities
Outcome: tJ AvaUabililylAccessibilily 0 Affordabilily 0 Sustainabilily . .
~.I\tBJ.!)~~~~'~_. __ •
A c o E G H
APPROVeD TOTAL .ACrUAL REIMBURSED . CUMULATIVE PRO.JECTED PROJECTED.
CAtEGORY. . EXPENDED EXPENDITURES C.UMULATiVE ·PERCEMTAGE EXPE~tilTl)RE.S CUMULATiVe SUDGET CUMULATIVE exPEMoitURE IThis 'Qu,nterJ
IThrolJgh emf,of this Q,tI<IrterJ {Through end or thIS q!lsrlet) ~&Ol INe-xtQUitrl~rl . ~YOOdOfContradiPeriod'j _. -,>---_ .. . , .. .•. -_. --.. ---
pelSOnnel $. $ $ $ % $ $ .. ...• -. --
Contractual $. $ $ $ % $ $ ._--. .. .
·Operatlng Costs
, ". $ $ $ $ %$ $
-~-,~ .. -. , -_.
C9mmodities· $ $ $ $ % $ .$
---,-... .. . .. -
CapitalOut/ay $ $ $ $ % $ $
-----
TOTA~ $ .$ $ $ %$ .. $
-"""
PrOgram. h.lcP.me + The dlspositlon of Program In"come not specifrcally.lisled in the approved Program Income bl.ldget (equlres priorwri"tten approval from.DHCQ. .
1. Does thisa6iivitY g'en~rate Program Income?O Yes 0 No 2. If yes, indicate the amount generated this quarter. ""S,-. -'--,. __ -:-__
3. If yes, waswritlen approval granted by' DHCD to use the Program Income generated from this actiVity? 0 Yes 0 No ONIA
ir yes,@attachco'pyof'approv81·felterandrelateddocuments. If no. a wrlijen request for approvi.\1 to use the Program Income must hf?; l?tJbmftted to DHt;;D -or-a check payable·to Miami·
Dade County for the 9~ne.rated Program Income must be submitted quarterly ill accordance with \he'terms of the contract .• Check Attached? 0 Yes 0 No 0 NlA
fli1lM.~~.'t~.M!~'Bm_ •• ~_._.~
1. Activity StatUs: OCanceliect 0 Underway 0 Completed 2. Environmenlal Status: 0 A=Exempt 0 C=Compleled 0 D=Underway .
3. Is .this activity still in .compliance will1lheonginal project schedule? 0 Yes 0 No
Department of HOUSing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (lR12-15.Q8) i2-23.Q9R
QUARTERLY EXPENDITURE AND
PROGRESS REPORT. FY 2010
Accomplishment Type: '0 Peopie [011 0 Households [041 0 Businesses 108J 0 Organizations 1091 ,0 Housing Units 110J o Public Facilities I11J 0 Jobs [13J
National Objective: 0 Area Wide Benefit le,g, LMA, LMAFI, LMASA, SBAI -or-0 Direct Benefit [e,g, LMC, LMH, LMJ)
PERFORMANCE CERTifiCATION: 0 This certifies that No Accomplishments occurred during this Quarter, Inilials
NOTE: Submittal of Supplemental FOffil-Perf0m18nCe & Benefit Dala is not required at this time Dased on the certification that no accomplishments occurred during this qua"rter,
CERTIFICATION ' ,
This is to ce!tifY th~ U:le data "no other ii"lfotrrtation provldoo in this Report is .correct, based on official accounting system and w;ords, and that expenditures and obflgations shewn have
been made for the purpos-e of and'in accordanGe with applicable Terms and Conditions oftha Contract and Funding Requirements.
Report Prepared by: nUe: ________ _ Date: ____ _
Print Name
Signature of Certiiying Official: nUe: Dale:
~""'_N~"!"t,1I&DI'% __ I!'J~_~iJ'li'fft"1,"&'iJl!!li'!!0R-.1il~,"\!\l\~~;"''<lI~li( Act",,,,,,, lOIS Number', _____ --, __ _ 2f .. ~W._;'9k.::::~1~~~:&1:~mj~~tw$"~~~j,~~,;.\!mW;~~,;,~~'!<j4~i~~i "''''1
Report 0 is lOis not complete • Report 0 is I 0 'is not accurate • Initial review for completeness and accuracy compieled by:
Name: D"re: Name: D"re: _____ _
Contcacts Officer Team Leader 1 Supervisor b-__ ~~~~.~~_~. __ ~,~~~ ____ ~ __ -= __ ~~~~~~~~~~~~
Department of Housing and Economic Development Page2of2 Quarterly Expendilure & Progress Report (tR12-15.Q3) 12-23.Q9R
, "
Performance & Benefit Data:Capitallmprovemel1t & Public Facilities
Suppleme~t to Quarterly Expenditure and Progress. Report II FY 2010
RecipientName: __ ~ ____________ -'---______ '-
Ac[vityName: ______________________ ~
Activity ID # : Activity Categqry: __ ~_-'---___ ~
Hun Activity Matrix Code: ____ '-_ Accomplisf)ment Type: __ -'-___ --'-_
HUD Matrix Code Description:
o Acquisition I Disposition o Structures' 0 Parcels
o Clearance {Demolition o Structures • 0 Parceis
o Street Improvements
~ __ ~_-'-. 1/ of Structures·
-'-_----1/ of Parcels·
______ 11 of Facilities
o Public Facility I Type:
Persons Served' Low I'; Moderate Income
Persons Served * low & Modemte Income
FacilitieS + Persons Served + Low/Mod Income
__ ~ ___ # of Persons Served o Building I Type: ______ _ _c-__ .,_-# of Low/Mod Income
o ·Olher Gapilallmprovemenl !Type: p,,,,,,, b,'owl Persons· Served' Low & Moderate Income
1. Total benefiting forprogram year: . ·2.counis by Households (H) "Or· Persons (P); __ -'-___ _
3.0f those assisted,enter the number that
a) Now have new access to this service or benefit
b) Now have improved· access to this service or benefit
c) Now receive a service or b,ment that is no longer substandard
. Total
d) Noll' have .ri~w acces$to this type of pubilc facility or infrastructure improvement
e) Now·have improved access to this type of public facility or Infrastructure improvement
f) That are served by a public faciljty or infrastructure that is no longer substandard
Total
g) Homeless Persons given oyernightsheiter
h) Number of beds created inovernighl shelter or'bther emergency housing
RACE I ETHNIC CATEGORY
fnstructions: Indicate the lolathlJmber lin each 0_ ,., ~ "Ih~~i:o~fn~rt~~~:~~~ ~~ Ihe ;io~!:Otal. From Ihe total . in each I
RACIAL CATEGORIES .:1 . . Tofal NlJmber . • ~ Cat •• od
T ot~1 Number
White 111) .
BIaCki'M"= 11121 ...
. . .
=~[141
Native . I . c Islander f15)
"n"in~ I """i;~fl~ative & WMel161 . .
Asian& While 1171 . .
B1aci\ I."'';"on 1 &W1
1 Indian or Alaskan Nedve & n 1191
Other Multi Racial 1201
Totals
.
PeriOfmance & Bene~t Data: Capiiallmprovement& PublicfaciliUes [LR 12-10.()8j12-23.()9 R Pag.1012 Supplementto Quarterly Expenditure & Progress Report
. Performance & l3.enefitO$: Capita! Impr~vement 8. Public Facifities
Supplement to Qvarterly Expenditure and Prowess Report III FY 2OtO
.Census ( C) or Survey (8) Data Used: _~ __ _
. 9the, Categories
Total # 8enefitir.~
from the Aclivily •
#of Female
Headed .
Householps
If (S), enier# oflow/Mod & Total Population:
Total # of low/Mild in ServiC<) Area: Total Low/Mild Universe Population in SetviteArea:
Percenl·of Low/Mod in Service Area:
Census T racl: Block "roups:
Census Tracl: Block Groups:. ~ __
Cerrsus T racl:
$ 1. COSG Funds. $ 5. Oiher Federal Funds .
$ 2. HOMEFunds $ 6. State I Local Funds
$ 3. ESG Funds $ 7. Povate fUlids
$ 4. Section 108 loan Guaranlee $ B. Other:
$ ·TotalFunds
Name of Ftmdfng So)Irce
_.~.jfi~ __ '1l.~. __ ""'.
Report Pnipared by: ______ --,''''''=------Tille: ________ ~. Date:..c.~_-----
PriiltN~mQ . -:-
Signature of Cerlilying Official: Title: ____ ---_--Date: ______ _
Performance & Benefit Data: Gapilallmproyement & Public FacillUes {lR 12·10-08112-23-09 R . Page 2 of2 Supplement to Quarterly Exper~,ure ~ Progress Report
QUARTEm.'i' EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIOI:IS & ACRONYMS .
Reporting Periodt Enter "X' in the box that corresponds with
Section I: General Information
t. Recipient Name: flU in the appropriate Agency I Organization Name.
·2. Contact Person: Fill in the Contact Person's Name and TItle.
3. Telephone. Number: Fill in the Telephon~ Number of the Conlact Person,
4. Activity 'Name (Project TItle): Enter the name of the activily,
5. Activlly Address: Enter the complete address of the location where the activily is.laking place.
6. Activity Description: Enter brief description of the activily (120 characters maximum).
7. Activity ID #: Enter Acllvily IDNo: of the activity.
8. Index Code: Enter the Index Code from FAMIS. . . .
9. Funding Source: Enter the funding sourae (e.g. CDBG 06, CDSGDR 07, ESG 07, HOME 93, HOME C.HDO 08, etc.).
10. Funded Amount: Enter Ihe tolal funded amount of Ihe·adivity, .include additiomfawards (same fUnding source) if.~ppncable,
11. Activity Category: Enter "X' in the box that corresponds·with the.appropriate Category of the activity (e.g, Housing, !;:conomic Development, etc.) ..
12. Objeclive:Enter "X' in alilMat apply for the primary objective the aclivity is designed to. proviae. .
13. Outcome: Enter "X' in all that apply for the primary outcome the activily is designed to provide.
Section II: 'Financiallnformalion
1. Column B: Enter amounlbudgeted for the' a,tivity in .each category of the approved budget (or most recent apptoved;biJdgetamendment).
2. Column C: Enter amount expended for the act!vity in 'each category during this reporting peliod. .' ..
3. Column 0: Enter the aclualcumulative expenditures fromliegiimingof 1M contract through the end of this re",,(itPli.p.~iod for each category.
4. Column E: Enter thecumula!ive amount reimbursed from be~inning of thecriillr.act through the elid onhis.rejloiting:p~:liod foreilch category.
5, Coiumn F: Enter i!le cumulatiyeperpent of expenditures for each category by dividing eaCh amouh\ln ool~fun D::(Acluatcuinuiative E;xpenilitures) by
tf1e corresponding amo.unts as' shoilm. in' colUmnS (Approved Eiodget). EXample '-.lfColulJiri. o shoWs '$5;060 expended to de.te in .Ihe Personn.el
Category and.Column B showS $20,000 in the Approved Budget for this category. then !,he· perCentage in. Colonin F Would·tie 25%.
6. ColumnG: Enter amount ofprojecledexpendiluresiheach category/or thenex! quarter (reportingpedod): ". . .
7. Column' H: Enter amount of projected cumulative expenditures in each category from beginning of llie oontract through·the end of the contract period.
11. Total: Please include totals at the bottom of each column B through H. . '.
9. Generate Program Income?: !';liter "'It in the 'Yes' ·box ii this activity is expected to generate Program IAeome;.oiherwise enter ~X' in ih,; "No··box.
10. If the response is "Yes" to Program'lncome: Indicale th<i am~unt of program incoinegenerated dunng ihis 'reporting period; if the answer.iVas 'No"
enter NtA. .' ....... . . . '. . " . .'
11 •. If ,Program Income is generated: Enter "X' in Ihe. 'Yes' if DHCD approved use ..of the Program Income & provide,cO!lY of wdtien approvalletier along
with all related documenls. Otherwise, enter "X' in the 'No" box and submit. written request for approval"{)r~a .check payable 'to Mlami..!Jade County
for Program Income. ..... . • .' . .
_R'I'a_I'
activity is COnsidered complete.oJi':e it meets its' national objectiire,:aIFac,oilipli$ments hinds are drawn from IDlS. 1. Activity Status: Enter "'I: in box·tliat correspondS With the approprIate status of ~~~~0~~~::::~t~a~~~i~~c~o~.in:;p~:le~t:e~:d~I;;p!ease note
2. Eqvironmental Status: Enter "X' in the box that corresponds with the appropriale status of . . D=Underway)
3. Compliance with Original Project Schedule: gllter 'X' in tf1e 'Yes" bi)Jdf the activity complies schedule; if no! enter "X" iii. the
"No' box.
Section III: Work in Progress
Provide a brief narrative description of work in progress during this reporting period. For exaMple -
• Housing. During this period architecturaldrawings'were completed, building department approved draWings, 'environmental approval received. plat
filed with the County, and construction is expected to begin next quarter.
• Economic Development -Fifteen jobs were created during the reporting· period, five additional jobs ani $xpected to be created.by nex! quarter.
• Capital Improvement· 75% of construction of the childcare conter <l9mpleted Ihis reporting period. Project on .schedule and is expecteiJ to be
completed by next quarter.
Settion IV: Other Supporting Efforts .
Provide a brief narrative description Of all other supporting .effor' .. Iliat h;ive begun, partially implemented, or col)1pleteq during this reporting period.
Include quantifiable data whenever appropriat<Y. In addition, ether expenditures of funds. including local matCh ahd .Ieverage contributions, should be'
depicted here .
. Section V: Problems Encountered
Provide a brief narrative desenptiono! any problems or delays that may have been encountered dunng tf1is reporting period or lliat are anticipated In the
nex! quarter. Report any problems that may impact the project as originaffy proposed, including but not limtted to changes in Scope of Services,
beneficiartes, target area, or other proposed outcomes. Recipienls are encouraged to notify 'Ihe Contracls Ollicar to report/discuss any problems
encountered in order to rEsolve them as quickly as possible. .
Section VI: Technical Assistance
This section is reserved for recipients 10 request Technical Assistance of any nature relilted 10 the funded activity.
Instructions, Defmitions & Acronynls [created 6t30108j revised 12/22IQ9 Rl Pag.lof5
QUARTERLY EXPENDITURE AND PROGRESSREPORir
INSTRUCTIONS, DEFINITIONS 8. ACRONYMS '
Section VII: Per/()rmance Measurement
1. AccomplishmentType: Enler "X" in the box mat corresponds to. with the actual accompliShment type of Illis activity [People, Households, Businesses,
Organizations, Housing Vnils, PubiicFacUities, {lr Jobs].
2.' National Objective: Enter "X" in the box Illatcorresponds with the 6f lItis.activity. Refer toA\tachm~nt A in Ille Contract to locate Ille
Natlonal Objective for -or-contact the Contracts Officer, to. vV'V'''.''.
LMAFI Area Basis Benefit
LMASA Area Basis Benefit
lMC Dlmct Benefit
LMCMC Direct Benefit
LMCSV Direct Benefit
lMH Direct Benefit
LMHSP DireCt Benefit
lMJ Direct Beneilt'.
LMJFI . Di,rect'Benefit
lMJP Benefit
SSA
, SBR Urb.n Renewal Area
SBS Bpot Ba,sls
URG Urgent Need,
low/Mod Area Benefit
Lo.w/Mod Area Benefit, Development Financial .
Area Benefit, Neighborhood Reyitalizatlon Strategy. Area
low/Mod Limited Clientele Benem
Low/Mod Limited Clientele, Microenterprise
LOIylMod Limited Clientele, Job Service Benefit
Housing Benefit
LowlMQd Housing Benefit, CDPI or Neighborhood Revilalization,StrategyArea
Low/Mod Job Location Based
'II Area Benefit
an Urban
spot Basis
Atea
!$70.200(d)(5)(i)
5/0.208(a)(2)
The data in this section is required on a'quarterly besis for the reporting' period arid cumulallve (from the beginning p! Ille' contact period through the·
quarter being reported); If there,are n6 accomplishments during the reporting period, the data for this Quarter and,Cumul.tive may be'leff blank, and the
, Reclpienlmust complete,the P~rformance Certification check box for 'No Acco.rriplishmenls" ' ,
3. Total' Housing: Housing ac!ivitiesthat Co.nstruct or Rehabilitate Rental Unils, 'Acquire; andlo.r Co.nslruct New: Homeowner Units, 'RehabIlitate'
Homeowner Un,i!s, Or provide Homeowner Counseling ,and Direb! Fimincial ASsista,nce JoHoinebuYei$:'!ll~~C~oinplete litis, section if any
acoomp/ishmentS are achieved inlllereporting period and complete the Supplemental Forrn,'Perfbi:riian¢e '1iid BenefltData:Housilig". "
4. Tota! People or Hous'eholds: ActiVities lItat provide Public Seritices or Admirii,stratlve (e;g., Fair Housing Activities) musicompletethis section, if any
accomplishments are achieved in the ,reporting 'period and complete the Supplemental Form, 'Performance and; Benefit Data: Public' Services -or-
Administration'. Capital, Improvement and Public Facilities Activi!iesmust complete Illis section if any acci)mplishments ar~ achieved In the reporting
period and C9mplete the, Supplemental Form, "Performance and BenefitData: Capitallmprovement'& P~blicFaciUties" .. ' '
5. Total Jobs: Activities that create or retain jobs, andlo.r provide assistance to businesses; must complele litis,' seption if any accompliShments are
achieved in the reporling period and complete the Supplemental 'Form, "Performance imd 8enefltData~ Economic Development". :
6, Performance Certification,: The Performance Certification check box for "No Accomplishments' must be checked arid initialed by the Certifying Official
if there have been no accomplishments during tbe reporting period. This item certifies that there have,been no acCiJrnplisfimenls during.the reporting
period and the RecipIent is excused from providing any further acoomplishment information on the activity status ,as required by HUD. Reference HlJD
,"Notice of Outrome Performance Measurement System for Community Planning and Development Formula ,Grant Programs.' A copy'of the Notice ana
addUionarinforrnatiori about performanC\lmeasurements is avaffable althe follOwing link: http://wWW:htid;gov/offices/cpafaboutfperformaricel.
7. Report Prepared By: The name and,title ,of Ille raporj preparer; along w'l\lj the date, must be'rompleted. " ", " ' " ,
8. Signature of Certifying Official: The Certifying Official of theRecipient must sign' the repoi(his o.r her. titlemust be'entered, and the certification must
be dated.
This Performance ~nd Benefit Data Repo.rt niustbe completed and pro'lided to DHCDJorany quart~ when actua!'aeco.mpllshments are achieved"llle
actiVity is compieted, "nd Ille national objective is met. In addition, direct benefit o.r area benefit data must be provided as,wefl. Please iill out Ille requested
information rompletely and accurately, as applicable lor the funded activity, The following general Information ,is available on At:ilchment A in the contract:
Activity ID, Activity Cetegory"HUD Activity Matrix Code and Description (HUD Activity Type). Accomplishment Type, and National Objective. Ail reports must
include h,e name of the perso.n preparing the report and the Certifying Official of Ille Recipient must sign the repoil, his or her title must be enter, and the
report must be dated.
Instructions. Deflnitions & Acronyms [created 6130108} revised 12122109 R 1 Page2of5
QUARTERLY·EXPENDITUREAND PROGRESS REPORT
. INSTRUCTIONS, DEFiNITIONS & ACRONYMS
Project Category [required]: Enter "X" in tile box thai cortesflOi1cis with
funded project type.
Accomplishment Type I Measures [requiredl: Enter "x" in Ihe box that
Corresponds with the funded project type,
ACC<lmplishment Units Compl.ted [required]: Indicate the number of
persons or households seNed and number thaI' are.lowlmod income.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Performance Measurement & Accomplisilment Information [required]
(1) Indicate Ihe total number benefiting from the activitY. .
(2) Indicate method used to count 1I1e number benefiting from the activity -' by
Households seNed or Persons seNed,
(3) Of those assisted, responds to each inquiry -a througt! c -by providing
the number that benefited, and provide the total for alt
a<§-,o<S-~o(f...m~"'::"o(f.~<>(f.-<f,~~<><J.""'<4-><><$.~<>(f.<>(f-.~~,~<>G'\o.@"<$.o(f.
Direct Benefit Information [required]: Beneficiary information illuS! be
provided jnt~is section for activities having a national objectlve of LMC,
LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI; or LMJP. Otherwise, complete
Area Benefit Information section. Pro,1de information 'fOr .actual number of
households ~rpersons assisted, for this reporthig,period and the cumulative
total. Also, proVide requested information in lhe 'Income Category ang 'Other
Beneficiary Data Sections.
M:;:~~:~~~ AcquisitlorJDisposition and ClearancelDeinoliUon activities only-
!= Ihe box that corresponds will) Ihe funde<;! activity.
n :~~~i~~~~s[~:;~ Un.its Completed [required]: Indi<;ate.lhe number of units I ' [Structures, Parcels, or FaC11itiesi., number of persons served, and
Ihat are iowfmod income
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
. Measurement & Accomplishment information [requiredj
(1) En!er rotal number benefiting from 'the:actMty for Ihe program year.
(2) Indicate if the countis by Household Or Persons.
(3) Of mose assisted, respond to each inquiry -a through h -by providing Ille
number lhat benefited, and provide. tp",total for each section.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Direct Benefit InfOrmation [required]:' Beneficiary' informalion must be proVided
i section for actiVities having. a national objective oflMC, LMCMC, LMCSV,
LMHSP; LMJ, LMJFI, or LMJP. Otherwise,.completethe Area Benefit
111~:~~' ~!;:~ section. Provide information fonicmal numbei'of households or assisted, for this reporting period'and Ihe CUmulative total. Also, provide
information in lhe Income Gategoiy a~d Other Beneficiary Data
D~ecfions.
Benefit fnfOrmalion [req9ireclj: Ifal)ptla~&le Area.8enefillnformation [required): If appliCable for funded activity .
..<f..~oo@.~~~o,§.~<><$<>Gl~~<><n00<>&.~~am~<>s~<>(f.~.>6\..,zt.~:. i .. '''''' .... ''<J;.'''.'''''''',o<>i,'''o'''~~''''','''''''''<<J;~'f<,,;,,;\o<>i.-i.~'''',''''''''''''o'''o<~'''''.''''''
Funding Sources I Leveraging 01 Fund~ [required]
Funded Projects I. . . the box .fti~.1 tCoI~esponds
I WII!n .tlne lunded HOMElenure Iype, complete Ihe corresponding
the report.
Project Type [requiredl: Enror 0)(" in .the box that corresponds with Ihe fund~d'
projectlyp.e. . ..
Number of Units Completed [required): Indicate· total number of Rental Units,
Uilils, or.Homebuyer Households .completed fot the funded ilctivily,
Multi-Unit Ac!lvily, if applicable: Pravide allrequesled information for both
,enansm this section,
Dlspla.",mlent Information, if appffcable: Provide all requestedihlormation in the
Rel,.lacem"nttnf"rrnlation, if applicable: Provide all requested informalion in Ihe
1 =;;;i~~~I~C~~~,~~~'SU".m.nt & Accomplishment Information [requiredj, all
I must be ccmpleted
Provide number of Affordable Unils ~nd respond to eacli inquirf-a through f
-by providing Ihe requested information .
(2) Provide number of Section 504 Accessible Units
(3) Provide number of un,s qualified as Energy Star
(4) Provide number of units brought up to HQSllocal Code (Rehab only)
(5) Provide numher of unils brought in compliance with lead safety (Rehab only)
(6) Provide number of unns created ihrough conversion of non-residenfial to
residential buildings (Rental Rehab only)
(7) Provide number of households previously Uving in·stJbsidized hou~ng
(AcqujsiiionfConstruction New Homeowner only)
Direct Financla! Assistance to Homebuyers, if applicable
(1) Provide number of first-ume home buyers and of those, indicate number that
received housing counseling
(2) Provide number receiving Down PaymentAssistancelCfoslng Costs.
~~...$...q..o(j.~<><'f,w§...e.<>G\o.G-o<n...§.~o<;.~<4>~-:f.,..(J..<o(f\~~..q.,
Direct BenefiCiary !nforma!lon [required] -must be completed for Ihe actual
number of households assisted, for this reporting period and the Cumulative total.
Also, provide requested information in the Household Income Calegory and Other
Beneficiary Data Seclions. .
Sources I Funds
instructions, Definitions & Acronyms [created~/30IOBl revised 12122109 R1
Not~t: JOI~S data· should
11'"",",.<11 qr on a quarterly • . . .
Job Creation aridlor Job Retention Infom.aiiori [responses required for Ihis
Accompnshment Type] . ' ..
(1) Complete the Job Creation aiea'if the acliVily is expected to create jobs;
otherwise, complete the job RetenUoo"area lithe activity is expected to
retain jobs. .
(2) Indicate the number 'of jobs created 01 retaine~, as applicable, by job type for
. . Ihis reporting perioqand thecumulativ¢ tbtal. .
(3) . Direct Benefit Information -must ,be completeil f6t the actual jobs created .or
retained, as apPlicable, for this reportinlipertodand:th~ .cumtilaUvetotaf.
Also, provide requestedinlormation in Ih:e:ldcome Category and OUier
Beneficiary Data Sections. . : '. ..'
(4) Number of jobs created with eniploye,spOtisored health care benefits
(5) Number'unemployed prior tq taking job created' '. .
(6) Number of jobs retained' with employer sponsored health care benefits
(7) Provide explanation il proposed goals are mit inet
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Assistance to Businesses [responses required forthis Accomplishment Type]
(1) Indicale total number 01 business assisted, of thai amount indicate how many
are new businesses and lhe ouniberof exisfing businesses
. (2) Of the existing businesses; indicate how many weie expanding businesses'
and Ihe number that were reloCating .
(3) Indicate the number of businesses assisted wilh I~de treabnent or
business building rehab .
(4) Indicate the nuniber of businesses that proVide goods or services to meet the
needs 01 a seNice area, etc,
(5) ProVide the DUNS number loi each business aSSisted [a requirement lor any
business that receives Federal assistam;ej
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Benefit Information [required]
Furldirlo Sources I Leveraging of Funds [required]
Re<lUiftld Attachments must be provided, if applicable.
Page30f5
QUARTERLY EXPENDItURE ANDPROGRE$S REPORT
INSTRUCTIONS; DEFINITIONS & ACRpNYMS .
Area Benefit: Those acfMties'having a natrpnal objective of LMA, LMflJI, a~d .lMASA. Beneficiary. Surveyor Census.data for the
percentage of low-and moderate-income persons in tie service area. COBG regulations specify thai 51 "---,-, .~, .. ~ njsidents' of the service area must /)e
LMI. Examples oi area benefit activities include street/sidewalk improvements; waterr~wer Unes, and fe,ade improvements in
neighborhood commercial districts. . .' . .
Census Block: kgeograp!]lc areabounded.by visible andlor invisible features shown on a map prepal"?d by Ille U.S. Census Bureau. A block is the
smallest gQ9graphic eouty for which the Census Bureau tabuiates decennial census data. .' . . .
Census Tract: A smal!, relalively permanent statistical subdivision of a county or statisticaily equivale,nt ent~y, deftneated for data presentation purposes by.
a local group .of census data.users or the geograRhic staff of a regional cen.sus.center in accordance with Census 8urea.~ guidennes.
CDBG National Objecf,ves: The authorizing staMe of the· COBG program requires' Illat. each' a,:tivlty fun<;lect· .. eoGept f9r program administration and
planning. activities must meet Qne oUhree nalional objectives. All CDBG activities must achieve one ot more ofthesenationai'objectives .
•. Benefit to law and' moderate:income (LMI) persons, . . '. .
• Aid in the prevention or elimination of slums or blight, and
• Meet a need having a pa~jcular urgency (referred to as urgent need), e.g.; existing condHions p.o.e a serious 'and immediate threat to the health or
welfare of the community,
In addition, a minimum of 70% of the COBG program expenditures must meet the LM! benefit nafiona.! oblectiv,e. . . .
Direct Senefit:Those activities having a naliona! objective of LMC, LMCMC, LMCSV,l.MH, LMHSP, LMJ, lMJFr,or LMJI'. Beneficiarl data is reported by
the total number of persons.or households benefitiing from an ·activity. .' .
. DUNS Number: Data'Unlversal Numbering Sys.tem(DLiNS) number is a requirementior anY~business·th'atieceivesFederal,assislan~e.lfa business does
not have one, it should call the DUNS nuniber request line at 1·866-705-()711 t60blain a number: TJie.process is free and takes about len minutes.
ENERGY STAR: ENERGY STAR Is a Joint program of EPA and .DOE to help us .all sav~money and 'protect th.E> ~nvirorim~nt, lhrough energy efficient
products and practices, HUO enCourages incorporation of ENJ:RGY STAR qualified products and prattices\'iriim"conducting rehabilitatlon.orconslructihg
new housing. likewise, ENERGY STAR is a daiaelementfor' energy conservation activm~ for 'Jlie .housing. iridiCiitor ciitegories' in the perlormance
nieasorementsysteni. . ..' . . ..... '.' .... . : .. " ...... : ' .. .c .... : .' .
Exlreiiu;ly low:lncome: Households willl annual income less Illan 30% oithe area mediarj income, 'as 6$tabiis'hiitl'liy HUD. The number of househOld
members is used in thedeterminatioli. . '. '. .' , '.~ . ..' .
Ethnic Categories: HUD arid grantees are required to treat ethnicity as a separate cate.gory: "Hispanic or ll1t1n6" and 'Jljpt Hisjlanlcor Not Latino" are
deslgni3ted as separate' ethniCilycategories;. '.' . . . ..' ". .
• Hispanic or latino: A:person ofCuQan, Mexican, Puerto Rloan, SQuth or'Central Amerioan, or oUier $panish'i:ulliJre.or ongin, regardless oi race.
The term, "Spanish ortgin,~ can.be used i~ addition to "Hispanic or Latino." . ': '.. .' .
.• Not Hispanic or Not Latirio: A personnotof Cuban, Mexican, Puerto Rican, South, oi'Central American,.oi plljer Spanish culture oiorigin,
· regardless of race. :'" . .
F.mily: All persons livihg in,thesame. household who are related bi' birth, marriage, or adopti',":·. . '. . .' .'
Household: All persons.oc,upying Ihesame housing unit: The occupants may be a$ingle family, one person. living alone,two or mote families living
togetl1er, ,;rany group of relaled or unrelateil persons who share IMng arrangement$; .' '.
Housing Quality Stand'rd~ (HQS): HOS .are set acceptable oondiiions for interior liviligspaee, building exteijor, heating arid pl\imbhig systems,.and
genera.! health and safety: The purpose of HOS is to determine Whether aholJsing unit [s depent,safealid sanil~iy, ' . .. •...
Income: (1) Annual income as defined 'under Secfion8; (2) Annual income as.r<lported under Ihe Cel\sus·long Idrm;.oi (3JMjusted gross income as defined
by.lI1e IRS FOrm 104Q. ...... .' .' ." ,.,:.": . . c
Low Mod Job Creation or Retention (LMJ): AwactMty designed to meet iIle Nat.ional Obje<;liveof creating orretaining:permanent jobs, at least 70 peroent
of which (computed on a full-time eqtJivalent basis)will be made available to or held by LMI:perSonS.· . . .., ........ . . : .
Low Mod Umited Clientele (LMC): An activity carried out 10 meet the Na(/onal Objective' of benefit to 1MI persons .. A,:tivitles under the lMC category must
meet one of the following' criteria:
• Benefit clientele that is generallY presumed to beprin9ip~lIy 1MI (abused children, battered spouses, elderly peisons, severely disabled adults,
homeless persons, Illiterate adults, 'persons living· with AIDS and migrant farm workers); or
• Require documentation on family size and income in order to show that at least 70 percent of the clientele are lMI: or
• Have income eligibflity requirements limiting the activity to LMI persons only; or .
• Be of such a nature and in such a looation that it can be concluded Ihat clients are primarily LMI. .
. Low Mod Incom.e Area Benefit (LMA): An activity carried out to meet the National Objective of benem toLMi persons that benefits all residents in a
perticular target area, where atleasl51percent of the residents are LMlp~rsoils. . .
low and Moderate Income (LMI): L9W and moderate income means family or household annual inoome less Illan the 'Seption 8 Low Income Limn,
generally 30 percent of me area median income, as established by HUD. .
Low-Income HouseholdiFamily: A househoidlfamily having an income equal to or less· than the Section 8 Very Low InoomB limil (50% of the area median
income) as established by HUD.
Low Income: Householdswith annual income less than 50% of the are.a median income, as eslabOshed by HUD.
low Mod Housing (LMH): An acti\lity carried out to m81lt the National Objective of benefit 10 LMI personsr'households, e.g., acquisition, construction, or
improvemento! permanent, residential struytures which, upon completion, Will be occupied by LMI heu~olds.. . .
Matrix Codes: The matrix code indicates how ihe activity is eligible under CDBG regulations, it generally identifies the purpose. for which assistance was
provided, and determines the type of accomplishment units that should bereported. .
Microenterprise: A business that has fiile or fewer employees, one or more· of whom owns the enterprise.
Moderate-lncome Hou$enoldIFamjly: A household/family having an income equal to or less Illan the Section 8 Lowlnc6me limit:(80% of area median
Income} established by HUD, butgreatet than the SecUon 8 Very Low Income limit (50% of area median income) established by HUD.
Instructions. Definili<ms & Acronyms [created 6130/()81 revised 12122109 Rl Page4of5
QUARTERLY EXPENDiTURE ANPPR()GRE~~ REPORT
INSTRUCTIONS, 0"...FlNlT10NS UCRQIiYMS
. Objectives: Theobjecuves captunfliJe range of community impacts that are exp~cted to occur as a result of program activities. There are three possible
objeqUves for each aclivity: 1) Creating Sui\;lble Uving Envlronmenis,2)ProViding Decent Housing, and 3) Creating EConomic Opportunities. .
Outcomes: The program autcomenefps further refine the acfiVity's objective and captUres lhehawre of fhe tYpe of i:hangesoughi or the expected result of .
the actMty. There are three possible outcomes: 1) AvaUabilityiAccessibifity, 2) Affordabinty, and 3) Sw;tainabUity. .
Period of Affordabffify: The number of years a homeowner or homebuyer mustre.side ih and retain' owriersl1lp of an assisted housing un~ before the unit
may be sold without penqlty to the homeowner. . .' .'
Program Incom~: Any 9[0<;$ inpol)ie receiVed by the sub "ecijiient that was directly geDer1lted from the use of CDBGjuncts (24 CFR 570.500(a)).
Racial Categories: HUD data requests. for racial information provides the optiQII of $elect"mg mi. 01 more of nine racial categories ·to identift the racial
demographics of the individuals anOior me communities they serve, or are proposing to serve. . .
1. 'American Indian 'or Ala~ka. Native; A person having origins in any 01 the original peoples of NOrlh and South America (Including Centraf America).
and who maintains !rib.al affiUslio" or Community attachmen~ . . . .
2. Asian. A person having anginsin ~ny of ihe original peoples of the Far East. Southeast Asia, or the Indian subcontinent including, for example,
Cambodia, China, India; Japan, Korea, Malaysia. Pakistan, the PhiliPpine Islands, Thauand;and. Vietnalll;
3. Black or Afti""~ Ameilcan. A person having'origins in any olthe black racial"groups of Afrlca. Terms such as "Haitian" or Negro" can be used ip
addition ro ~Biackor African American.' .. .. .
4. Native HaWaiian or Other Pacific 1$lander~ A person h~ving origins i~ a~yof the o.rigmal peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
5 .. White. A person havilig'ongins j~ anyofth$ originatpeoples of Europe, the .Middle East,or ~ortn Africa: ..
6. Ameriqan Indian or Alaska NoUve& White. A person having Iliese multiple race .heritages as definedatiove.
7. Asian & White. A person ha,1ng .these multiple race heritages as defined above.
8. Black or African American 8, White. A person having ilrese.muitiple race heritages as defined ;;!Jove. '" .
9. American Indian:or Alaska Native & B"~ck orAfrican'Amelican. A persoohavingthese.mu.ltlpfe race heritages asdelined above.
10. Other Multi·Racial: Ii. person reportr~gmulti·raceMrltages not inCluded In aoy:blthe othernine·categoneifli~te~ab(jve, and that have a Iotal count
. .thatexceeds·oneper('6ntof(llepopula!jonserved;.· .•.. .' .... '. . .. : .' .:. . . .
Section 504: Section 504 of the Reliabiliiiltion Act of 1973· prohibits discrimination .in ('",def'jI!Y~$isted programs :on thli basis of handicap. It imposes requi~ments to elisure that"qu~lified. iiidMdual~. Willi han~jcaps; have acceSs to pro9rams$ndacti~ijjesthat r~~IVeFed~!li.1 funds.,Minimum requirements
i~clude, but are no! bmiled to: 1) Removai of. Physical Eiaiiier~.2) Provide Program Accessj~ility,3) M.:ike Eiripioyment AcceSSible, and 4) AdministratiVe
Requirements.· '. . . . . . . .. '" . .
SUb·recipient:·An entity that assist. the recipieiit to impl'm)en! and·administer its piogran1; Sub recipients aregerietally nonptofit organizations that assist
the recipient to undertil~e one ,or more aciivHies anbenal! 61the grantee, such as adminiSter a home Jeh~bilitatlon toan pool of manage a job·training
program. Sub recipients ani alsoniferredto as sub grantees. . . . ... .
SurVey: The surveyinsirume~timd methOdology, l1lust be approved,by. HUDfor the 'purpose ofestablisliing the percentage of LMlpersons in a.service area.
A survey must meet standards of statistical reliabifity that are comparable to that of the Decennial Census data for areas 'of similar size, Additional guidance'
Is available in CPD'Notice05-06. .
InsfnJc'".rons, Deiinifions & Acronyms lcreated 61301ll8J revised 12122109 R1 Page50f5
Attachment D
DEPARTMENT, OF FlOtiSINGAND COMMUNITY DEVELOPMENT (DBC!)}
, lNFORI'MTION FOI{ENvtRONMENTAl REViEW FORM
INSrRUCTIONS: , Per 24 CEil Part 58, tlie purpose of.1he environmental review procedures is to
fOster thbimpiement~tion of environmentaIly compalibie activilles_ As a grantor loan recipieilt,
MiiJllii·Dadi;iCollntY wil! n6Huncl projects IlJat will negatively Impact clientS, communities, or
the environment
Part I. AGENCY AND PRQJE:CT DETAIL
1; Indicate Funding S(Jufce:
D CDBS
D 'HOMEU;;SS(SRO/SHP) o CI)~~." '
2.lrid~al~ Flsciityear. 'l'Yi&_'_, '
3. 'Name of SiibreClpfenVAgr;lncy: . . . . .
: ,,~'. . . ,. .
4.' Nameo~.proposedA6tivity;, '
o HOME
,0 EDl
,5, location (Ad(rre~swJtn City, SJ: an,d ~ipl of Activity or Project
'. " , , ,
"
I
6. SileFolioNilmber{s}:'
7. CommisslonDisfrict(s):
8 i)' C ,reel • f, ontactio. ormation 0 Qa ugran roop!en
Name:
Address:
City: ! State: -:rtlO:
Phone:, ' I Fax:
9. Delafied description of activity or project
o HOPE VI o NSP
. 10; Whatls the purpose of .the activity or project? For example, Public Service, Economic
Development, Histone Preservation, Capita! Improvement, Housing, etc.
it. What i.5 the status.of aCTIvity or project? For example, Pre-Deve!opment Phase,
Rehab/ConsfruclionUnderway, Rehab/COnstruction COmpleted, etc.
, • " '" .' • > ,
p'art II •. PRb;tEPT OOTCOME
Wi! I t~e activitY or proie¢t'result ill llie foliowlng?
YES NO
1. Change in· use
2. Sub'surfa~'alterati6ri (i.e. excavations)
3. New,oonstruction
·4.· RenovaUon.<lf demolition
li. Site imPfclVements (titllities; sidewalk, landscaping, stoon
, " di;linage, parkin!l areas, <;lrives, etc.) . ,
6. Building imProvements (Windows, doors, etc.) ,
7. DisPlacement of petsons, households or business
8. Increase in population working or liviog on site·
9. land acquisition
10. Activity in l00-yearlloodplain
. 11. A new nonresidential use generating at I~a$t 1,375,000 gallons of
water or 687,500 gallons of sewage ,per day.
12 Use requiring oPerating permilQ.e. for hazaroous waste,
preveaiment of sewage, etc.) ..
·13. A sannai}' landfill or'liazardous waste disposal site
14. Tree removal er relocation
1S.Street improvements
15. ihe impbwlding oimore lIlan 10 acre feet of water (e.g. d'l9lJing a
lake ord'lVernm or deepenin!} of a body of water). .
Part !II. SITE SPECIFIC INFORMATION
2
.. 1. Land Use:
De~crlbe Ilie existing and propcsed land use:
. .• Existing?
•. Proposed?
.2,. Si~ Platt
. Does the proposed activity include a new structure(s) or site imprcvements on a site .of .one (1)
acre or more? 0 YES 0 NO . .
lUeS, a site pian must be provided. Proiect(~) will not be environmentally reviewed without a ••• • • •
3. Fih.otographs:
Does the ilqivjty includ.e Rew constructi.on, ren.ovation .or rehabilitation?·
DYES o NO
If yes, ph.otographs must be provided .of each side (fr.ont, rear and sides) .of Ihe structure(s)
pt.oprn;ed f.orassi~tance and the buildings .on lile adjacent l.ots. The ph.olographs· shall be
. fdenUfied·by address. In additi.on, provide fer each existing structure.on the sile, fhe following
information:
• Existing structure(s) .on site? DYES o NO
• Es~mated age .of structure(s)?
4. Value .of Improvements:
Does lIle proposed acnvity include rehabilitaticn or renovation .of structure(s)?
o YES o NO
If yes, what is !he eslimated cost of rehabililation .or renovation? _______ _
3
What is the amount sought for funding? ___ --'---~ __
Inadditlon, indicate if L~e estimated value of the improvement represents:
o 01039.9 percent of the market value of the slrJcrure(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 oftha structure(s)
5. Phase I I:nvironmehtal Audits:
Does the proposed activity inyolve 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 c6pyof Phase I Environmental Audit certified to Miami-Oad!! County must be
s,ubmitted to. determine the likely preserice of either a, release or threatened release of
hazardous liubstam::e. '
An <ltJditis a review .of a site and adjacent prOPl!rti~ and involve!> prepannlj a history. of
ownership" land use and zoning for the last 50 years;rese;lfching environmental records for
inforinaUoll-on hazardous waste sites, hazardous facilities, solid· wastellandfill facifiOes and
underground storage tanks (av!Jilable through the Departmenlof Envirorimerital Regulations
and Management (DERM), Florida Department of EilVironmentai Proieciion.(FDEP) and U.S.
Environ,mental protection Agency (EPA»; and site inspection for physicalevjdence of
ccntarninafion such as damaged vegetation or stains In the soil.
Has a PhaSe I been performed? DYES o NO
6. Envlronmental Health Infol1l1ation:
.• If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
DYES DNO
If yes, please submit the results.
• Have any child under the age of seven at the site been tested for elevated levels'oflead in the
body?
DYES
.If yes, please submit the results.
7. Other Site information:
o NO
4
Yl:S NO
1. Flood \nSUf(lnce required? .
2-PuWc Wafer availab.l.e on site?
3. pubJie ~ew$r aViliiab!e.oo site?
4. chrrdren .under 7 yearS of age resijing on
sitepr r<!localfog to site (including day cace facUity)? ..
5. Hazardous waste disposal facility?
6. Storage Of hazaiqous materiais on sile?
7. Abandonedslructure(s) on sUe?
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
RequlredSubmiUal Documents:
1. For all projects: Submit street/piat maps thatdepici focalionof propertyln the County andlorCiiy .
With .mefocaUon or lot clearly pointed out.
·2. . For nl,iw construction projects: Submit a scope of sefVlce, an itemized budget, ·an(j asile plan;
3. For housing/building, rehabilitation proJects only: Submit.a scope ofsEirvite, an itemized·bud\Jlt
desyFibllig the major components of the rehabilitation program planned, and a photograph of the
property. . ..
4: For hls!.l>dc proPrieties, io.clude: Submit photographs of the property, ail!1 a description of any
adjacent historic properties tnatmay be affected by y6u~ .aclivily,
PartV. CERTIFICATION
Il;ertify to. \:be accuf3cyofthe information provided. I understand that aW{uri4ed lIctiv/t1e\l must
haveariappiovedenvironmentai review clearanllep~ior.to the commencernentofpfojects. I clearly
\lnderstand that lmy OI,nitted andl,?f incorre~tinform~tion will delay the· initiation of th~
environmental review process by the DHCD staff. As such, i am aware that omi~ infQrmation
could de!ay the commencement of my organization's project I understarici all approVed
. environmentalrevieWli ate valid for olle (1) year maximum.
Print Name Signature
Name of Organizanon or COljlorafion
Unless. otherwise indicated, return compl!lted form and attachm.ents to:
Community and EconQmic Development Division DireCtor
Department of Housing and Community Developmant
701 NW 1st Court • 14th Floor
Miami, Aorida 33.136
5
Trtle
Date
. TYPES.OF ACTIVITIES AND ENVIRONMENTAL GUiDELINES TRIGGERED:
Type of A(;llvity EXEMPT'· CENST** . CESP'"
Econriinic Deve$Qpment ..
New Construction
Rehab. X'
Non-Construction/ExpanSion .X
Housing
Single FamIly Re~ab .X
Multi-FamUy Rehab X'
tiew Construction
Homeownership Assistance X
Affordable Housing Pre-bey. X
Capital Improvement
Handicapped Access X
Public Facilities XI
.' IOfillsmlc!ure. XI
. Public ServfCilS
.. Employment X
CnmePrevention X
Child Care X
Youth or SeniorSe.vices X
Sllpporlive Services . X .. ...
Type of Publicat!.')" NoPubfic NoPubfic' . No Public NoUce/No
Notice/No r-toflc¢!NO MOF (NoSta.iiilolY
RROF RROF .. Requirement Tnggerod)
,
30-4? Days. 30-45 Days
. '.
XI lffor continued use and change in density Jor size) ofless Ihan 20%
)(1 Change in density (or size) of more than 20%
•
-
Exempt
CENST
CEST
EA
Exempt Actlvities
. Categoncally Exclude.d and Not Sub jed to 58.5
Categoncally Excluded SUbject 10 58.5
EnVironmental Assessment (Format II)
6
Or
Pubfish NOIIgROi'"
(stawtpiy Requirement .. .
Triggere/i) .
..
EA-'
X
)(1
)(1
X
)(1
)(1:
·PubliSl1
FONSland.
NOIIRROF
900ays
Minimum
I
I
. MIAMI-DADE COUNTY AFFIDAViTS
The contracting individual or entity' (government or otherWise) shall indicate by an 'X' an affidavits that pertaln
to ttus cOntract ·and shail indicate by an "Nil': au affidavits that do not penaln to this cbntraci. Ail biank spaces
must be fiffed. .
The .MIAMIcDADE COUNTY OWNERSHIp· DISCLOSURE AFFiDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-PADE CRIMINAL RECORD AFFIDAVIT; DISABILITY
NON-DiSCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shan hot pertain to
cqntracts With the United States or any of its 'departments or agencies' thereof, the' State or any political
subdivision or agency thereof; it shair however, pertain to municipalities of the .. State of Florida. All other
contracting entitie:> or individuals shall read carefully each affidavit to determine whether or not it pertains to
this contract. ' .. .' . ',.
i. ~"c.h( Hi r o--v:>; I.e . e h . 'D. , being first duly sworn state:
,\ Affiant '
The full legal name and business address' of the person(s) or entity contraction or transacting business with
. ,Miami-Dade County .are (Post Office addresses <lre, not acceptable):
.... ~~ (POOO,y'2\· ... , :. ..: .:
Federal Employer Identification Number (If none, Social Security)
'. Name ntiif, IndividuaT(s), P'artners., or Corporation
Ooing .Business As:(lfs<lme as'abmre, leavE!'blank)
Stmet Address City· State Zip Code
.. N/A I, MIAMI-DADE COUNTYOWNERSHIP DiSCLOSURE AFFIDAVIT (Sec. 2-8.1 of the cou~ty C~de)
'1', If the contraCt or buslnes~ transaction is With a 'corporation; the full legal name anq busi!less address
shall be provided for each officer and director' and each stockholder who ·hold.s «:!irectly or indireotly five
percent (5%) or'mare .of the corporation's stock.· If the contract or· business tra'nsaction ,is with a
'p<lrtnershlp, the foregoing lnfonnatioh shall be provided for each partner. It the c;ontract or business
transaction .ls with a trust, the fijll legal name and address shall be pro"{ided for each trustee and each
beneficiary. The forgoing requirements shall not pertain to Contracts with 'publicly~traded corporations or
to contracts with the United States or any departinen! OJ names and addresses <l(e (Post Offices
addresses are not acceptable): ' . .. '. • o· ..
Full Legal Name Address bwnership
%
%
%
. Page 1 Of5
., . .. " ". ~ .... .. .. .-~. ,-.... .. ........
NfA u.
2. The fun legal names ana business address of any other imjivldual (other than subcontractor<;, matena!
men,. supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or
otherwise) in the contract or business transaction with Dade County. are (Post Office addresses are not
acceptable): . .
3. Any person who Willfully fails to disclose the information required herei·in, Of who knowingly discloses
. false informafiowin this regard, shalf be punished by a fine of up to five hundred dollars ($500.00) or
imprisonment in the County jail for up 10 sixty (60) days or both •.
MIAMI-DADE COUNTY EMPLOYMENT DI'SCLOSUREAFFlDAVIT (County Ordinance No. 90-133,
amencftng Sec. 2.8-1; Subseqlion (d){2) of the County Code). . .. .
Except where precluded by' federal or State laws or regula!i~ns, each contract or business transaction or
renewal Ihereof.which involves tile eJq?enditure often·thousanddollar.($10,OOP) or more shall require the
eri.ti\y.contraqing Of transacting pusine?;s to disClose the,following Inform"tion .. The. fgregoing disclosure
requirements do not apply to contracts: with the United states' or any department or agenoy" tliereof; .the
State pr an~ polltic?1 subdivision or.agency or any municij:lalitjr.6fthisSt~te:· .. .
1. Does your firm have a collective bargaining agreement with its employees?
. Yes . No· . .
2 .. ·D-::'-o""e-s.-y~our firm provide paid .health·eare benefits for its employees? .
YEis No .
3. "'P-ro-v-=-id:-e-a current breakdown (number of persons) of your firm's work force and ownerShip as to race,
national origin ·and. gender. '. . '. ..:..
White: Males __ Females Asian: __ Males Females
Black: __ Males __ Females . Am~rican lndian:_ Males ,.. Females
Hispanics: __ Males __ Females Aleut (Eskimo):_· _ .. _. ··Males Fem"les·
. . Males Fem?les .. Males Females
{,/{';.-A-F-FI-RM-;·TIVE· ACTI6N1NO~'DISCRIMINATION OF . ~MPf-OYMefr,' PROMOTION AND I' 1111 PROCUREMENT PRACTICES (CountyOr'dinances 98-3.0 codffied at 2-8.1.5 of the CountyCoqe) · . . ., . .. . .
In acCordance witl1 qounty OrdirianceNb. 98-30, entities With annual gross revenues; in . excess .of
· $5.000;000.seeking to contract with the Count)( Shall. as COri.dition receiving a County contract, have Iya
written affirmative action plan which sets fo(th the procedures the entity utifizes to .. assure lhat it doelS not
disC!iminale in'its employment and promotion practices; and fi} a written procurement policy Which sets
forth the procedures the entity utilizes to assure that it does not discrlmil!ate against. minoritY and women-
owned b~sinesses in Its own procurement of goods, -~opplies and services. Such affirmatives. action plans
and procurement pOlicies s~all provide for periodic review to detennine t1}eir effectiven"ss in assuring !he .
entity, (joes not .. dillcrlmir/<!te iry its ~mpfoyrnE1nt. prOniiJtion and procuremSflt .practices. Th!! foregOing
netwithstanding. corporate entilies whoSe boards of dir"ctorsare rePre~enPl!ives of the populatipnmake-
up of the nation shall be prel)umed-to have I)o~-discrlminatdry employment and ·procurement:poUcies. and
shall not be required to ·have written affirmatIVe action plans and procurement poliCies in: order to receive a
County contract. The foregoing presumption may be rebutted.
· The requirements of County Ordiryance ·No. 98-30 may be waived up~n:the written .recommendation ofthe
County Manager that it is in the best interest of the County to· do so -and upon approval .af the Board of.
County Commissioners by majority vote of the members present. .
Page 2 015
_.:...... __ Theflflll does not have annual gross revenues In excess of $5,OO(i~OOO.
____ The finn does have. annual revenues in excess of $5;000,000;' however, its Board of Oirectors
1s; r9presentat~!e of !be pcput~t!on ·m~k..e.:up of the naUon ~nd. ha.~' t:;u-hlniti:oo' a wniten, detailed
listing of .ils Board of Dkectors, including the race of etlinicity of each board mem!;ler, to the
County's Department of Business Development, 175 NW ·1& Avenue, 281h Aoor, Miami,
Florida 33128. .
..,/. The finn has annual gross reven\.les in excess of $5;000,000 and the firm does have a written
affirmative action plan am! procurement policy· as described ~pol,ie, which me/udes periOdic
review to determine effectiveness, anci has submitted ilie plari and policy to the County's
Department of Elusiness Development, 175 NIi\i1'\ Avenue,28!" Floor, .Miami, Florida 33128.
____ The firm does not have an affinnative action plan and/or a procurement PQiicy a; described
abov~. hofn;!!; been qrBonted ;:l waiver. . #. MIA~I-~ADE COUN~CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 CiftheCountyC6cle)
. The. indiVld~1 or entity entering. inlQ a contract or reCeiving funding from the COllnty ~
has. ~ has not 'of the date of this affidavit been convicted. ofa felony during. (he past ten
4
··· (10) years.' .... .. .....; .' >... '. '
." ....... '. v. MIAMi-PAOI;. EMPLOYr0~Nt.b. Rl)G~FREr: \JV0RKF.LAC!:: AFFIDAViT (Co\lntybrdir\ah~~
. ·rlo.92-15 codifie<;l as Section 2-$.1.2 of t~e County, Code) '. .
That in compliance with Ordinance N9. 92:'15 of the Code;o! Mi.ami-padeCounty, F!orid<l,.the
aqove namedpl'lrsqn .of e!1tiW is .providing a' drug-frele workpiaCe: A written statement to each
employee shall, inform the employee about: .
1; Oanger.oidNg abu$elO.the worKplaCe .:. . . .. .
2. the firm's policy of maintaining a <;lrug-free environment at aU WOrkplaces
3. :Aiiailabinty cif drUgcoti~nng; r~habmiatiCina-nd emplOyee assistiin~program$
4. Penalties that may be impoSeCluPQriemployees for drug abuse viCljatiq!1S
Tlie person or entity shan iltso r!,!~uire an employee to. sign a st;;ttem!'!nt.~s a C<QoditidiJof .
employment that the elTlployee will,abide bythe.tennsand notify·the enipl~yilf ~f any Cr:ilJ1ina{ .
drug cOhviCtion oCCurring nq' filter than five (5). days after recE!ivirig: notice of 5uCbcollViC\i6n .'
.: and. Impo.se .. appropriate.personnel aC!lon against :the employee .. up· to and: including
. termination..' . .. . . . .
Compliance with Ofdihance No. 92-1.5 may be waiVE!<lifthe speci~1 chOlracteristics •. tifUle
product or service' offer~d' by .the person ot entity make it n.ecessi\fY for th¢ operation of the
County or' for the healtli •. safety, welfare, 'economic: benefits a~ well-being of the pubUe •
. Contracts involving fUnding whiGh is provided in whole. or in part by the United States. ef the
State of Florida shall be exempted f~oni the provisions of this Qrdiriance in tl'!o!ieii1s\8nces
. ~'. whef<l thos!,! provisions .are.in confl~ct wit~ t~e req~irements of ~~se ~ove~m;lnt entities. . ..
. . '. VI. MIAMI-DADEEMPLOYMEIIiT FAMilY LEAVE AFFIDAVIT (County Ordi)lancils No. 142-91-
'. codified as Section 11A-29 et Seq oHhe County Code) .. .
.. ,' " .
That in complianCe with ordinance No. 142-91 of the Code of Miami-Dade COilnty, Florida, an
employer With fifty (50) or-more emplQyees working in Oade County for each working <ray.
during each of tWerny (20). or more celendar workWeeks, shall provide the fonowmg"
iriformatlon in compfi;;toce withal! items in the aforementioned ordinance:
. Page30r5 ."
An employee who has worked'for the above fimi· at least one (1) yearsliallbe entitled to
nlnaty (9U) days of family leave during any tweniy-four(24) mon~hpElflOd, for Il)edical reaSqns,
, for thti) birth <i~ oopptio,n of a child, or for!he, care of a child,. spo.u,S? ilr other ~JciSerelative who
hee·se."ict!s hea!tt1 condJ1it:m without risk of !erm!natirin pf employer retanaUon~ ,
The foregoing requirements shall not pertain to Contracts Wi.th the Unite.d States or any
department or agency thereof, or. the State of Florid.a or any politicaf sUBdivision or agency /it: thereof. It shaH, however, pertain to municipalities of this State. ' .
~V!l;DJSAB1LlTY NON-DISCRIMfNATiONAFFlDAVIT (COuntyResOl~ion ~85-9S) .
. That the. ab0v.e names firm, corporation Of' organiZiition is in compliance'with the agrees to
continue to comply with' and assure that any subcontractor. or thirdpariy contractor under this ,
, project' complies with allappJicablereqt!irements of me laws .Iisted.beloi.yIncfuding,butnot
!imil;ed to, thqseproilis[on$ partainih£1 to· emr10ymenf I'rQvisi9nS' of progra!O!$ and services,
· transportation, communicati.ons, access to, facirtties, renovations; and' hew construction in the
following laws: The Americans With Disabllities Act of 1990 (ACA). P:ub~LW1.:s36, 104 Stat
327042 U.S.C. 12101.12213 and 47 U,S.C., Section 1612; The Fair H0W11rig'A¢, as amflnded,
42 U.S ,C. Sectlo,n 3601-3631. The foregoing requirements shailnot-pertainto contracts With
the united, States o~' any department ot agency thereof, the State or any po!itical-subdivision
oragelicy,t~erepf:o(ahll municipa!!tyofthlsState. ,', " . '., . , ': '.'.,.
NI.4 .'11111: MIAMI-DADE CQUNTY. RE~ARblNG QE1.JQljENT AND cURREiNiLYPUE'PEE& ()R , :r AXES (Sec, 20a.1( cJ oitheCounty Code) . , , '
l;)(cept for )lmallpur'chase orders and'sole sOurce contracis, that abOVe named' firm.
corporation, organization or in!lMdual deSiring to tra,ri~act bQsinessor. ~lJter a toh\r;;iCtwiththe
County Vi;lrifie!:} that l)1! delinquent and currently du,He,es 6rtax~s "':.lncturling.but.llotlimite,d to
mal,s.i:ld ntope,rtY, .ta.xes, 'utility, taxes,. anrlljl,cpupatlomirlic<\oses, -:W!'iTch/irec!)Ue¢ted in. the
· nO.mial . !iourse . by' the Da</e County Tax ColleCtor' as we.!1 <Is' Dade: Go:unty. issuad parking
· tickets'for vehicles registere</ in the name of the firm. corporatlon.ol:Qarnzstion orindiiridual
liave been paid: . " . '. '. ' " . . 41X, CURRENT ORALL COUNTY CONTRACtS. LQANS AND OTHEROBUGATIONS '
, 'the Individual entity seeking to 'tranS<lct. business . with theCOtlirtY is purreilt. il') all its
obligationS to the. County <lnd is not otherwi~ein default or any, Coi'lti;;li.:t.,pr;()i1\issQr)! note or
oti:ter'Joan-doGUmenis "YUh tAeCouliiy qrany of its agancies or instrumentalities_ '
,!fA x. P~OJECT FRtSHSTART{ResolutionR-762.98 and 35~99)
Any firmtnat has a, coirtract with the' Couhiythat results in acttlai payment of ~500,OOoor
more sl1alt corttnllutetoProject Fresh Start,the COunty's Welfare to W~lrk Initiative. However,
if five percent (5%) of lITe. firm's w9rk foree Consists of Individuals who reside!n Mial'l)l-Dade
County and who: have Iostor,WiIl loose c;i!sh assistance benefits (formerty Aid,to Families Wi.th
,dependent, ChUdren) as a result of the Personal Responsibility and Work, Opportumty
· RecOnciliation Act o( 1'996, the flmrtnayrequesfwaiver from the requitemeritof R-702098 and
R-358-99by submittinga,wali$rrequesfaf!i(javit,The foregoing requiremeijt does not pertain
to gcvernment entities, not for profitorganiiations 'or recipients of grant 'awards" '
, Page40f5
... ',/.~!. ~;ESTic V!OLEN~E L~Il.~ ~S~I'di;" 1BlH)();~<>-S C-odffied ~t .11A~Et~ Seq, <)f tile ~;. Miami-Dade County Code), . '.'
The finn'gesiri!19: to do bU!lin.ess. with the Col:!nty i~ in compli~nC& wii!i OOlnl*ltic Leave
, OrdInance, Oromance 99-5, coalfied ~t 1.1A-6.0 et. Seq. of the lIr1iami-Oa<;f", County Code,
w!Jjch require,s a~ .empl?Yef which has In the regulii~ cQursl'0f business fifty .(s.o)or more
empl<;lyees wQrkinQ InM!ami-Oade. COunty for each working day quring esth of.tWenty.(20) or
mOl'ecalenda(WOrk we~MJntheetirreni or'proceedirig calendar yearS,. to 'provide Domesiic '
. Violence Leave to ~employe~' .' . , .
I have carefufiy read this entire .five (5) page document entitled. Miamj-Daqe .County Affidavits and have
'lrodlcat'3(1:hy an "X!' ill! "ffirj"vits lliat penairi to his.contract' and haVe indicateq by.an "N/A" aU .aftk!avits that do'
not Pertain to thiSCQ::1~CI.' , .' /7 . D" .
. By: .. ~~~ '. lCQrl.-hecHPf QQIO "
., " 7 (Signa' e ofAffl;mt) . . '. . (Date) . : . .
. ,sOSSCRiBE;D AND slA{oR~iq<6r~fflrin¢d).llefore me this ",,'. ",I.ll.(o,,,,4L.,.._' ·"--·':';':"+i-.·gaY-Qf'h(@1kt;.r
26.1D by!:kc:i-()r Hi Y'tYb;~ . • Hri;J8he. is p~<ilhaliy!<riown to me <ilrhas . _ c' ..
'~resent~d _. _~~-=~_....;.~.,...,......,....:..,--...._-,----,,-=_~..:.' asidenljfiilatioti:
(1"ype.pfk!entifli;;ation) ...
~~N_
Notary Public-State of_' _f::_'·...Jl"-"()!.:..!(.:..:ld&~. c..;. ';::.' •. _"'--.,....... __
'.' (State)
Page50f5
(SenalNUmber) .
r
i
!
i ,
SWORN STATEMI;NT PURSUANT TO Sl;:CTION 287.133 (~j (a) .
FlORIDASrATUTES 'ON PUBLIC ENTITY CRIMES
. THIS FORM MUST BE: SIGNE;D AND SWORN TO IN THE PRESENCE OF A
NOTARY PUBLIC OR OTHE:R OFF"ICIAL AUTHORIZED T'O ADMINISTER
OATHS . . .
t. This form statementis submltted to l).k\cQ tl\io.,rYlt-brule, G\f\~·
by • Ph . D.G. er
(Pont indlvidual's me and Utle
for ~ of .$;,,,'\n HiQ..Vv\i ,.. . . .
~ . (print ""meaf entity $ubml«i"~ S\~om statement).
whose business address is. (p I?2D S'unsq Dv'\,.fe.. I 8,Qulli Ii'tc." .... ,' .. 0"/...: 331'-1 '3.
and if appficable its Federal EflJployeddentification Number (FEIN) is 2'1-1dlW':/ 3! If the entity has
.. np\ Fr;jIN;inctudetheS()cial$etu.rityNu~b~ir~fth'einijividual.signing thisswomsta~men.t.
'-.... . -)
2. I understand that a ~PtJblieen(ity gri~e" as d.iJ(ihed In paragraph 287..133(1:)(g). Florida Statutes,
meahs a vior~tlQn9fahy state.orfede~llao/ .by. a person with respect to an' directly rela~<;ldto .
thetr5!flsaqtlOi1& of .bi.tsiiJ~s& willi. any pJ,ibli¢en.tity 'or with .an. agency or pqliJ;tC;;j1 .l;1tJbdjvisjQfl or
'lily olhi'ii' s\<ijteor.wi!ht(te lin!fElf.iSiati;l$,:.in.chiding, b'ut noUimitedto'13hy,bid'orcontfact Jot
96005 or seriliCesto pe proV,idedtQ.pi.lBJ1gentityoragehcy' or. politioal suqclivislon 'of any other
.state or of. tile Uhit~· State~ ahd ./nvci)vihir antitrust; fraud, theft"btibery, collusion, rac!1eteeting,
conspiracy, or material' flJisinier~fetatiorii' . . .. .. .. .
3. I uhdehltand that·corivicted~ . or "coiwlc1)on" as defined In. Paragraph 287. 133(1)(b), Florida
S'tatutes, m~an$ a· finding'.of gunt .or a cqnvi¢!ionof a· ptlbllc entity crime,. wi.th or withoutal1
adjudiqatlon of gu,li; in an f~(;Ierql' prs~l:jte,tti~lcouii of recOrdrel<ltiilg to charges brol.l9.ht by
. . indictment or irifqrmatiqri after:JulY ·1',·1 S&fI;a~, <,result of ajury vefdiql; ncinillly.iiial, or ~ntry of
a plea of guiltY or nolo'qOofendef$~ . .. . . . . . . . .. . . , . . ,'. ' . ."
·4.1 undersu;1I1dtl1atan "Affiliate' as.df;flnedinp.ara(:jiaph287.133(1)(a}, f'lorida Statutes mean",: ...
" .
• \ , '." .' . '. I '. • ' . •
1 •• A predebessor ot;~uC~ssqt Ofapefi6ncoiwicted ohl public ~ntity crime, or . . c.
2.' An entity underthe.controlof any natural person who is.active! in then;anagem~nt()fthe
entity arid :who haSpeEln convicted of a public entity· crime. The term "affiliate' Includes
those officers·, directors, executives; partners, shareholders; ~mployee$! members, and
!jgenls who' are active' in: trie. management of an' affili;ite. The 'ownership-by· oile .person
·of shares constituting a' Cot\ti'olllng 'ir)terest in another person, or \a pooling of equipment
oriilcomeamOllg. peisons·~he'n· not for fair market value under an arm's length
agreement. snaU:be a Piima',l'acle c;i1sethat one person controls ancith~r person. A
person Who knowir..glyenlersiritci ;lloin! venfure with a person who has been .conVicted.
of a public entity Grime in Flonda during the preceding 36 months shall he considered an
affiliate. .. .
5. I understand that a "person"as.dEirmegIn Paregraph 287.,133{1}(e}, Florida Statutes, means
any natural perSon or entity organlzei:!.i1nder the laws of ~ny State 'or of the Ul1itedStates within
the legal power toemer into a binding Contract and which bids or applies to bid on CQntracts for the . ...
• c. •
P· "' .... ,.;".: ............ ~ ,..,. ... ~<C" "!'.:, ~~"'ih;. TL:.e· ferm" ttn.o.~~'I; inelu' noll;:o' fh"C!b .... ffi~.,.~·' o.VQt"ld;,"fO.e-"~rlnc::.re:· 1..., .. 1>, ......... V,, ~ ..... ""..., .... v ..... ~n ... J., ~,'; ..... t"'............... ..• ... ..... ":" ........ ""' .............................. , ................... ~ ............. r t-' ..... ~ ........... f
· shareholders, employees, members, and agents who are active in managemMt'of an entity
6: aased qn information aoq beU(fif, th;$ stalemeht whiCh 1 have marked below is true in relation to the
entity' submittlng this swom statemenl (prease indicate which statement appUes.)
.. X 'Neither the eiltitysubmitling' s.,vorn statement. nOf any of it;; office~. dire¢tor. executives,
; partners, shareMlders,. employees,members, or agents who are' active in the management of tlie
entity. nor any affiliate. of the entity has been charged with and. convicted of a publio entity crime.
· . subsequeriUo July 1, 1989.
(
'The 'entii1t submitting this s\~on! stetemAnt: (lr one Qf more of ·.!t~. offiGers~ directors1 .~ex-e-cu""t"'ive-s, partners, llhareholqers, ·employeeis, members, or agents who are aCtive in the.
. . management of M"te entitY, orarnilffi!iate of the entity,. or an affiliate of the entity had' beei1~harged
· .with and convicted of i;I pul;ilic'entity crimestibsequent to July 1.1989, AND (pieas!!, indicate which
additional statement appiies,.· . . . .
.. ' ..... '. The ~rjtiiyitlbt:riiiting th\$:~wom stat.;ment. or one armors of Its. offi~rs, directo.rs.
~xe.cutives, .p.arf!iers'llh~r~hold¢I;S,.·empI6yees, .memberS .•. or agents Who .1Irtf active in the
. ,i'n1i!i,la!?ementof!hEl.,h~;poi anyaffjUateQfthe,e'ntity has· been charged witli'an<;lc6fiviq~dofa
" public 'entity crimesub$eqlJefwpt6ce~iIiQ before a Hearing Officer' of the ~te of the .. State of
FlOrida; DiVisi.on of i\dtrii;iistiatiVeH<;7arin9'!> ,and the Finar Order entered by the Hearing Offiqer
. determined thatitwa$ ~nofii1. ths,publi¢.inter¢sHoplaCEl.theentity stlbmittinglhls, $'!Vorn statement·
pntjle c'oiWicteq yen~arlist(af!ae~'acopyofti'1e final order). .... .
.' ',,' ':,·:tJNDERSTAI\uj tKAitHE ,;IJi3MiS$iON: OF THIS. FORM TO THE CONTAAC"TtNG OFfilCER
'. 'FORTH!: Pl!SL.\C Er:-triTYitoENTiflEDtli! PARAGRAPH 1 (ON!;) ABOvE IS FOR THAT PUBL.\C
~~~r:D~:~~~~I~~~HWi~~Z~~. {~L$~L~N:~~~~~·.f~~~~~RR~~U~~D~5
INFORMTHATP013UCEN'fITYPRIOR TO ENTERING INTO A CONTRACT iN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED 1~f'SECtION 287;017 FLORIDA SiATUTESFOR A
CATEGORY TWO OF AN'Y CHAN'GE llil iHEINFORMA TION CONTAiNED IN tHI$f'ORM. . .
~~ ;"{Sig~
. $wom to and ,sl!bl;cribed pefore.f!1~ t'1iS,--lIc..;· to"-~ __ 4ay of ~W
Personally known --,V"-";"-'-__ ~""':""~_~_~ _____ ------_-~
Or produced identification Notary Publlc-State of F Ifl f ; h i
(Type of identifieation)
. ,'"
.. '" '",
My oommissionlte~x~p·~Ir.es~~~~~""'il
'" NKENGM, PAyNE
MY COMMISSION i DD 7141125
, EXPIRES: Qclobe.r 5, 2011.
Bonded1t1luNolary f'ub\\~ l)noorwuleIS·
t,?d, typed or stamped ccmmissioned
e of notary public)
At"l"IlJAVIT OFFINANClAL AND CONFLICTS OF INTEREST
1. 00 you have any pastdu<) financial Obligations with Miami-Dade County? .
Single Famlly House\..oall$
Multi-famiiy Housing Rehab' .
CDSG C)lll1fll~rciallQ;lii Project
U.s. HUe S~Ction 108 Loan
Other HUO. Funded,Programs
Oth-er (Hens 1 fines, loans,
OC<:uPil~o;iaIUcefises; etc.)
If YES.ptease explain: .'
YE'3
.--
NO
/ :::z
~
-L
-----:-~--"---"---~------------... , , -
2., Do you'have any past due financial obligations with Miami,Dade County?
. . YES _._ 'NO L
If YES. please'$xplain:
••• %
.,' 3. Are. you, a r"'~Uve. Qt lJr do ,yo~ h~~,! any busjness or financial Interest.: 'with any elected Miami..{)ade County official.
Mlami-Oilde q,unly Employee, or Member ofMlami-Oade,County's Advisory.Boards?
. YES ._ .. _" NoL .
If YES, please eXplain: .
. Any raiSe infOmiatlon proiJided Qn th;saffidavit will be reason for rejection and disquaTification oiyoi.rr projecHun<fmg request . to Mliimi.p deCourity. .... -.
i 9 questions are correctly stated to the hestof my ~nowiedge and beRet . .' . .' I
Dff em.Iw: \(Q, ~O 10
(Date)
SUBSCRIBED AND SWOfU>i TO (or affh:med) ,OOfor<1 me this I vJ day OfJ'$ C :iOn
BY~kQSrn' RUlfPOI= .• He/She is personally,known -10 me or has presented
_'-~=::::-::;;;:i::::ru;:::".;:::::;~ ___ -;asjdentificaUon-
~r:i}!'QkL
($igOalure of ~
~Wa:'\o. a.J2c~'4~J . (Print or Stamp of NotatY) . ~
Notary Public -Stamp of ~ 'PT-
, ' (State) .
.4
!'il~ N""t~f¥ ~;\;;. ;Slte of Florida ~
Shail~ Alexan.der • ~. . : ~ i My Commission 00826626
). "'*'orr.-°1iJ Exp'lres 0912912012 . ~ AA ' A ¥
(Serial Number)
(E:<piralkin Date)
No!3rySeal
DEVELOPER'S AFFIDAVIT THAT MIAMi-DADECOVNTY TAXes,
FEES AND PARKING TICKETS HAVE SEEN PAID ,
(Section2-8.1 (c) of t1)e C,ode of Miami-Dade County, as amended by Ordinance No. 00-30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h) of tne Code of Miami-Dade County, as, amended by Ordinance No.00-(7)
I. ~ckr l'\ircJ0't\.e l PhD. " ',' ,being first clu1ysworn, hereby state and certify
that "e foregoing statements are true and correct:
1. That I am the D~veJoper (if the Developer is an individual), or the ~ Mo..~g[ (fill in
the title of the position held with the Developer) of the Developer.' ~
2. That the Developer has paid all delinquent and currently due fees or taxes (including but not
Umited to, real and personal property taxes, utility taxes, and occupational taxes) collected in
the normal COurse by the Miami-DMe County Tax Collector, and County issued parking tickets
for vehides registered in the name of the above d!3veloper, have been paid.
3. That the Q,ev!=,ldper is not in arrears ,in excess of the enforoement threshold under any
, contract. .fioal non"i:lpp$asable jUdgment, or lien with Mi<:!mFDade Cquhty, Qf $ny of its
ag¢f\cies ,orlnstru!l1entaUljes,ii1¢14diotj,(he, pubii!; He~lth' TruSt,either direCtlyoritldlrect1y
through a fii'tl1; corpof~tion, ,partnership or Joint venture: in Which .the Qeirel~p~r 'has a
controlling, fiminciaiinter6st, FOfPuipdses hereof, the, term "Elnforcement threshold"' means
~ny arrearage under any indlvlctuai contract, non-appeal able judgment, or ,l1eo with Miami-
Dade County that exceeds $25,OQOand has been delinquent for greater than 180 qays. For
purposes' hereof; the, tenn 'ci:mtrolling finanCial intereSt" means ownership, directly or
indirectly, of ten p~rcent or moi;e:ofthe oufstahding c!ipitai stock!n any corporation, or a d,irect
, or indir5Ynterest ofteil percentor (nore in a firm, partnerShip, or other business Elntity. '
By:, , ~~. " J>mm.lQY llo ' ,20 \0
?Si!lllilttife ~ ,'" Date '
" ~£.CWy' Vliro...bik ,Pk'D. :sJ9u &010101'l!'311)_,_,
" " Printed Name of Afflant and Title Federal Employer Identification Number
C~· pf S,,-th t'\i?l.r1'\i
, " Address of Finn ,
SCRIBED AND SWORN TO (or affirmed) before me this 1 \0 4L day of ~~. 2ollL.
',' , .By ,~( M i (6.:-b i k. . He/She is personally known tome Of has presented
_'--.:-_____ -,-,,..-_____ -.-:._ as identification.
of Identificalion
, Notary Puillic-State of -rl('W'i elk.-Notary Seal
9
Microsoft Word/Affidavits 2006/Revisedfmdm-01·04·2006
FORI\IIA-12
CODE OF BUSINESS ETHICS
In accOrdance with $ectlon2-8.1(i) of the Miami..{)ade County Code, eaCh perSon or
. entity that seeks tp do busihess with the County shall adopt a Code of Business Ethics
("Code") and snl'lll, priode execution 'of any contract between ·tl'lecontractorand the
,County, submit all affidavit stating that the contractor has adopted a qade that complies
with the requirements of Section 2..B.1 (i) of the Miami~Dade COmity Code. Any person
, or entity that falis, to submit' the required :;'ffidavit shalf be ineligib!e for contf<lCt award.
'The Code of Bu~iness EthiCs shall apply to al! business thaf the contractor does with, the
, County and shall, at a minimum, require that the contractor:
$ Comply with a!! applicable governmental ruleS and regulations incJuoing, among
others, the Miiiurii-Dade County Conflict of Interest and Code of Ethics Ordinance
and the False Claims Ordinance. ' ,
.. Comply with all applicable' rules and regulations regarding Disadvantaged
:Business· Enterpri$es, Btack BUsiness Enterprises, Hispanic', Business
, Enterprises. 'arid Women. Business Enterprises (hereinafter .collectlvely Minority
J30siness, E:nterprisE;)s, ~MBE;sn) and Community Small Business Enterprises
(CSBEs) and:shallsp~cifi(;a!ly prohibit the fono~ng~¢ti~s: .
6Pass~through, ReqUirements. The Code' shall,prohi!:)it pass-thtoughs
whereby the primefir;:j requires tf)at tha MElE Of eSBE fil'l1l accept
payments as alltl/;3E or CSSEand pass through thpse P1lyments Of a.
portion.of thQsepayments to another entity inCluding; b.ut not limited to the
oWnerlqperator' QftilE;) priirie.'fiim; . .'
o . RenfaFSpace,. EguiRmentor Flat Overheiadf'ee R$Quirements. TheCode
shal!prqhloit rental :s~ce requirE;)ments, equipment. requirements; andlor
flat. overhead fee :requirements, Whereby the prime firm" requireS the MBE
cir .CSBEfi/Tri to rentspaCE;) or eq~ipinent frcmtiie.prime firm or charges a
flat oVerhead fee for t/1euse of space, equipment, secretary, etc:
o Staffing .Requlretrierits. The Code shall prohibit the· prime firm from
mandating, as.i;I:90iJditionto inClusion in th€> project; that a M6EorCSBE
hire;' fire, orpronicte !';:6rtain individuals not employed by the primefin:n,o~
u~lize$ff employedQr previously employed by the primefirtU.
o MaE or eSBE staff Utilization.· The COde $ha.1I prohibit the .prime fil'l1l
frornrequiring the MSE Qr esBE firrn to provide. more stan: than is
neees.sarY arid then utilizing the MBE or CSBE. st~ff for other work to be
performed by thepiime firm.
. {) Fraudulently creating, operating or representing MBE or eSSE. The Code
shall prohibit .l;l. prime firm including, but not IimitE1d to, the
ownerS/operators 'thereof, from fraudulently creating, operating or
repres'enting: ani;llltity as a MBr;:; or CSSE for purposes of qualifying for
certifiCation as a MBE or essE. .
.. Ihe Cqde' shall also r~uire that on any contrad where MBE or CSSE
participation is purPorted, the contract shall specify essential terms, including, but
noUimited to; aspecmc statement regarding the percent of participation planned
for MfiEs or CSBEs, the timing of payments and when the w9r!< is to be
perforyiieci. . ,. :'. .' . ..:. . , '
.. The failure of p 'cqntractor to cOmply with its Code ofBuslness Eithics shall render
any cOntract between the, ccintractor and t/:1e County voidable. and SUbject
vi~lators to debarment frqm future County work p\.l~uant to Section 10-38(h)(2)
. of the Code. The Inspector Genera! shall be authorized to Investigate any alleged
violation by a contractor of its Code of Business Ethics.
By: -----"L--&~/ ,~~',' ,~'.
I Signature 'of Affiant
lJtrembcc 1&. 20L
Oate I
t-k tv\Mt1-W 5"1-(cODO ~$cl J '-federal ~Ioyer Identification Number
. H¢iShe is personally knoWn to ine or has presented as identification.
, Type of'ldentificaUon ,
Serial Number
Print or Stampe'd Name ?f Notary
Notary Public, State of , ~ \ oil <th-"
COLLUSION AFFIDAiv1T
{Code of fIIitimi-riade Counfy·Section2-8.1.1 and 1G-33.1)(Ordimmce No. 08,.11~> .' .
. BEFORE ME, A NOtARY PUBLIC, personally appe<n'ed tle-dPr Mlf ab Ie..: who being.
duly sworn states;· . , (insert name of. affiant) : . . . . .
I am' over 1-8 years of age, haVe persona! knoWjeqge ()fthe. facts ~;nated in-this ~ftidavit .
and I am an ()wn~f, officer, director. principal shareholder .and/or ! am: othetWis.e authorized to'
bind the bidlier of this cdnl"r,icl .
f state u}al i:h~ bidder of ihis·oonb::act:
't:t( is. not related to any o!!he o~er parties, biddiflgin thE! co:opetitlve 'soft?talion~, <!od \hat tho ~ contr<!ctot:s. proposal is 9,enuille i'Jld not sham or colfusi\ll') 'or made In .lhe mterest or on
, behalf of al1ypersQn npt merein nam<¥i, arid IMtthe cbn\l'llctof O?S not, directly or indirectly,
indqood or solicited any olher propose.-to put· in a sham proJXi'lal,' or:any oilier person. firm;
or·.corpo~tiQIJ to refrain fiom propQSing,artdtliat.lhe prQ"poser has 001; in. allY manner sought.
. "by:colhisio/T'to sOOUre to thE! propOser ail advatil8ge over aiil' Qlher proposer. . 23:' ...... ' ... :.,.:' .•.. :.~ ........ : .
His:' related tolhe·'foll¢wjng partieS who bid· in the SQl1ciWfioii 'l'ihilili :are)<tehftliedatrdllSte<l below: " '.. . . . .
~ote: . ;nypersonor errtio/ that fanstQs!l~mit itlis~ecu(~affi9'lVit shall beio~llg1?le ~or'
col1\ract .~rd;,.ln. :th~ eyetlt a ·recoll1meOd~<:l ,~n\l<lGt,or IdenjlfiElS ... related part~s· In .. tile
tcmpeliUII('j·soUcltaYto(j Its bit! sh<lll be presumed to be'ci:>Uusiile aM the recommended.coJllfac\br
snail be lrie¢g!tlle (oraWq'rdUliless tba(pmsumPli9i1i~ robUttedbtptesentaoonQf evlden!le as 'to
the.eX\ent brpWI1~fjlpi C!}t\lroTand !liMagetrietit Of;;itq,tel",t(l!f parties ·ilY:the·p~paraUori and.
·,iiul\:rIiittal. of. sUllil. bids' or.. ¢<:lp(lllals;"~elatei:l parties ~ha11 fiieait~idderS_ ef~P9~"or Ilie
.piini:ip~ls, <:Orp'Ori#e Qffjqers; andmaililsers 1ftE)(eOfWQt<;h·.fja1(e.il i.li~of·l~dfrOOt OV/Ilership
.lntef!:!st in. anotlle. .bidder o!'proPQSE)i" for lli~. iiame agre~!l~t or. i~Wh.lctl ap~ .cotripanyor
. the ptiilCipafs thereof'ofqne. (1) biQ<fu(or proPQllef have a ditect or lndirect:ownefship jnterestin
ahothlirliiddenit p,oposer for fhesame agtooment" Bids oq,roposals found to be oollusl\re ~ be iejecteil. . " . " . ~ .' . . ,-.
By: 'd.~ . D.ecl/Ylber /fo20jQ 7 . Sigliature ofAffl8nt Pate
'~~t!J~~~~~~Rdd~~ MtcMycfe1l~:Io~~~;!~taui~'~u~le~
~ of'soufu b'li¢ry\,; .' .' . . .
t!{;l .. '}., .
SUaSCRlBED AND SWORN TO {or affinned} before me this 11C· day of .J,:€<'" • 20B!.
HllIShe is pen;onally known to me or has presented ---.......,--=~---:c:-:--::::--;,----'---'. as .
idenfificaf.on.' Typll·of identiiicaaon
Notary Public -.State of fbi
NotarY Seal
1 ; ,
.j
CERTIFICATION REGARDING LOBi{>!lNG
The undersigned certif~s, to t~eliest oth'is or her knowl~ge imd belief; that . '.
1. No Federa(appropriated funds have. been paid \lr will be paid,. by or on behalf of the
undersigned, to . imy person for influencing or attempting. to infruence an officer' or
emploY\ie of an agency, a: Member of Congress, an officer or. employee of Congress,
·or an emp~oyee of a Memb.er QrCongress iu connection with tliiJ awarding of any
Federal contract, the making of any Federal grant, the making. of any Federalloati.,
the entering into of any cooperative agreeinent, and the' extension., continuation,
renewal,' amel1dm~nt) or modification of any Federal: contrect~ grant, lo.ilJ1~ or
.cOoperative agreemept.
2. If-any of the funds other .than Federal appropriated funds.have been paid orwiUbe
pilld to' any person for influencing or a!tempting toinfluenee:rui officer or employee
.of any agency,. a Member of Con~es:l, an offiCer ot elllpioyee .Of, Congress. or an
employee of a-Member of Congress'inCO!l!leo:JtiQ~withi:bis F\ldera,lcon~gi;ant,.
li>an, or, cooperiitiveagreement, the imu(;rSignt:lishall compli;iteMd. $®m~tStaii.dard
Fotin.LLL,· ~'Disciosi.!l:e Fonn' to Report Lopbymgt . iii" ilccordance with'its
instructions, ...
3. The undersign<ld shaH rettl)irethat the language of this \leriill~ation pe included in
tlieaward docu.nie;nts .. fo~ all subawards .at idJ: ners (including .8nbponttacts;. SUllgnmts,
.and 9Qntract;;' iirider ·grants,lpans;.imd.cooperati'lie agreeiU~rit in excess of.$~ 00,0(0)
. and thatitll snbredpienfs shallcemfY and disClose accordingly.
4. Thisceitlficatioi:lis a material repFesentation offactuponwhlchreliance was plaCed
when this transaction was made or entered 'into, Submission:Qf thil;i certification is a
prerequisite for lnaking oreriteringiuto.1i!is tranSactiOl;iiu.1vpsedby sectionIJ54,.
title 31, 0.8. ~()de. N1nierson who fulls' to file14e iequirOO .ce~fication shallbe
subject to a CiVilpeimlty.of not less thmi' $Hl,OOO arid not more than $fOO,()()O for
.each such faUtire.
By: 7~ ~tho~'Represllntati ... e)
Print: G;.±j ot s,Jth 'l\t;o-.",; l±\a·/pr-'iJ.ifc<l?i\e. ~.D.
(print N'a.m~ of Firm and A'utborized Reprciientatlve) I .
Title:
.' -~ ....... " -".
V Agency Name
DISCLOSURE ABOUT RELATED PARTIES
J)-fCQll'\ber \\P,,jDi O
Date
THERE ARE NO BOARD MEMBERS OF THE ~ cf 0oc.J\h !\tN¥\'\
(Agency Name) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY
TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A
CONFLICT WITH ~ at SoJlh !ji(A..("Y); (Agency Name) OPERATIONS.
By:
LIVING WAGE REOUIREMENT fMislni-Dsde County Ordinance 99~44)
Effective November 11, 1999 the provisions of Miami-Dade County Ordinance 99-44 and Section
2-8.9 of the Code of Miami-Dade County 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 purchased. by the County that are subject to the
requirements of the Living Wage Ordinance which are one of the following;
(l) County Service Contracts
(i) food preparation andlordistribution
(ii) security services
(iii) routine maintenance services such as custodial, cleaning, refuse removal, repair,
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 andlor agricultural services
In accordance with Miami-Dade County Ordinance 99-44, all Service Contractors entering into a
contract with Miami-Dade County to provide Covered Services 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 Lrlsurance.
Such Health Benefits shall consist of payment of at least $!.25 per hour towards the provision of
health care benefits for employees and their dependents. Proof of the provision of He;;tlth Lrlsurance
must be SUbmitted to the County to qualify for the wage rate for employees With health benefits.
The Service Contractor shall also agree to produce all documents and records relating to payroll and
compliance with this Ordinance prior to award of a contract as a result of this solicitation upon
request by the County.
If records reflect that the Service Contractor is in violation of this Ordinance, the County has the
right to sanction the Service Contractor to include but not limited to termination, fine and
suspension.
This Ordinance encompasses various responsibilities that must be accomplished by the successful
proposer such as record keeping, posting and reporting. Upon the award of this contract, the
successful proposer must be prepared to comply with these requirements as outlined in Ordinance
99-44.
5/01
lof2
FORMA-Il
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 99-44 and Section 2-8.9 of the Miami-Dade County Code)
Solicitation No.: _-P.&>J-IL/::';.4,--~ __ _
Title: Mllwo:J POvJt. Brafic.. C0't.fei ~ {$nS/rvc/JOYl Pk I-
I, llecJv( M if 01. hi Ie. , 'Ph.D.. ' being first duly sworn herebY state and
certiry'tllat 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 aU employees assigned to this contract. The bidder or
proposer further understallds that the current living wage applied to this contract is $8.56 per hour plus health
. benefits as described in the ordinance, or $9.81 per hour without health benefits.
By: ~/~~.~ ~U.,L----
7 Signature of Affi~
5/~ -JrL!!J.0.EL!iJlJD_
UtryprfE fi£~tz;/i!tm,'
Address of Firm
.. ~
SUBSCRlBEDANDSWORNTO(oraffirmed)beforemeiliis l~ . day of ~~ ,20lD
by i-bJ-tJf '\Y\\IfCvb;k . HelShe is personally known to me or has presented
Affiant --
__ ~ ____________ as identification.
ofldentiflcation
of Notary
Notary Public -State of r.: hi; ll--Notary Seal
Rev. 1120/00
2012
FAtR SUBCONTRACTING POLICIES
(Ordinance 97-35)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certfy that the foregoing information is true, correctan~co~lete~
Signature of Authorized Representative: (6r~
Title: 0-ry MMCV:O.v-Date: l>,eceV'Y\ bee ! to I ¢ 0 10
Firm Name: ~ of sSvv\v-. iI\ \CI.fY\ '\ Fed. ID No: '5'\ -(0000 <..[31
Address: ~ \~D S>J\<;,et-DM.Q..
City: s:,. gh !v\io...."",', State: -.r:L.... Zip Code:_"3=-S,-,-\ u"",""3"--_____ _
Telephone: ~ &((1&-,;)510 Fax: B2§ {QVt3-Co3L/S:
12
Microsoft WordfAffidavits 2006iRevisedfmdm-01-04-2006
12/20/2010
Purchasing Policy
City of South Miami
The City Commission's approval is required on all purchases over five thousand dollars ($5,000.00). To
this end, resolutions prepared by the department requesting the purchase shall be submitted to the City
ComrPjssion for approval before the purchase is made. In the event of an emergency, approval may be
given by the City Manager pending later ratification by the City Commission. Unauthorized purchases
are IJCit allowed and considered to be a non-obligation of the City of South Miami. The penson ordering
the unauthorized purchase is pensonally liable for the costs of the purchase. Splitting of orders through
multiple purchase ordens for the same goods or services to circumvent bid procedures is improper; they
are uf)authorized and ilfegal. It is imperative that all pensonnel who are involved in the ordering of goods
and services are completely informed about purchasing procedures and complies with the prOVisions.
Purchasing procedures are divided into two different categories as follows:
PURCHASE OF ITEMS OR SERVICES UNDER $5.000
Using the order form, the departments shall submit requests for all purchases to
Central Services 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
signature. In order to expedite the process, it is advisable that departmef)ts
submit three price quotes with all ordens 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 wil! 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 prepare or
verify the departments requisition, and key in the system to request a purchase
order.
In 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 ...
More»
Next Page »
www.southmiamifi.gov/index.php?src= ... 1/1
12/20/2010
Purchasing Policy
City of South Miami
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 items or services over five thousand dollars ($5,000.00)
shall be in accordance with the City Charter. Departments sha!i 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 tllree formal competitive bidding procedures shall be utilized when
acquiring any item that fails in this category.
1. COMPETITNE .SEALED BIDDING PROCEDURE
Invitation to bid shall be issued by the Central Services Office and advertised in a
local newspaper. The invitation shall contain a detailed description of the items or
contractual services sought; the deadline for submittal of all bids, and alJ 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-bali, at which time the City will exercise its· rights
to reject the bid and select another one.
3. OTHER GOVERNMENTAL AGENCIES' FORMAL BIDDING PROCEDURE
Bids received by other governmental agencies on similar items or services that the
City is acquiring may 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.
« Previous Page
www.southmiamifi .. gov/index.php?src= ... 1/1
ATTACHMENT H
. SUBCONTRACTOR/SUPPLIER LISTING
(Orqinance'S7-104)
F1rmName of Prime Contractor/Developer Cdk:J of 0bv-r-v, Mlo,.vv-:,
This ferm,.ora c(jmpara~le listing meeting ille requirElmentsof Of<firia~r-tj). 97-104, MUST be completed
by the developers on County contracts for purchase of supplieS, materials or services, including profeSSional
serviCes which involve expen!lilures of $100,000 or more, and all (jevelopers on County or Public Health
. Trust construction, contracts Which involve expenditures of $100,000 Qf more. This form, or acomparal;>le
listing meetr!lgtlw,requirements of Ordinance No. 97-1Q4. niustbecompletc)d and submitted even
though thetleveloPe< will not utilize subcontraCtQrs or suppliers on the contract. The developer
should eriterthe, word <'NON!,:" under tlle appropriate heading or, tillS' form in those instances. where
no~ubcol')ti'act?rS or suppliers will. be used on the contr;!i;t.The developE1r who is.awarded the contract
shaUnotchljnge.o,substltute first tler subc<;infractors or direct' siJppliersor the portions of th" contract Work
10 be'pe1orrned Of materials to be. supplied from thOse ldentified.exc"ptup0I'1.Written approval of the County.
I certify that llie representations contained in this Subcontractor/Supplier Listing are to the best of my
knowledge true and accurate.
, PrintTiIl
J)g("l?rA~ \lo,ClC\O
.. Dlite Aufuoriied Represent.live
(Oupllcate if addillorial space 1s needed)
13
tlJerosort Won:frAffldavlts 2006IRevised/mdm-01-04-2006