14CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
~ rqrp
20{)1
TO: The Honorable Mayor & Members of theCij:t0mmisSion
FROM:
DATE:
H""" M;nbU, Ph.D .• 0;", Mm"'j# IIJ
December 20, 20 I I .. Agenda Item No.:l:"J.
SUBJI:CT:
BACKGROUND:
GRANTOR:
GRANT AMOUNT:
GRANT PERIOD:
ATTACHMENTS:
A resolution authorizing the City Manager to execute a fiscal year 20 I I
Community Development Block Grant agreement with Miami-Dade County
Public Housing and Community Development (PH CD) for the SW 64th Street
Improvements Project -Phase II in the amount of $177,000.
Miami-Dade County Public Housing and Community Development (PH CD)
awarded the City of South Miami the SW 64th Street Improvement Project -
Phase II with an expiration date of December 31, 2012 in the amount of
$177,000. The agreement will provide funding for much needed street
improvements on SW 59th Avenue, SW 58th Place, SW 58th Avenue, SW
57th Place, SW 57th Court from SW 66th Street to SW 64th Street.
Improvements will include· upgrading of sidewalks, roadway resurfacing and
possible drainage improvements. The Agreement requires matched funding in
the amount of $65,500 for construction, of which $55,000 will be funded by
the SMCRA. The Agreement also requires matched funding in the amount of
$14,500 for salaries of City of South Miami personnel.
Miami-Dade County Public Housing and Community Development (PHCD)
formerly known as Miami-Dade County Department of Housing and
Community Development (DHCD)
$177,000
January I, 20 I I through December 31. 2012
FY 20 II Community Development Block Grant Contract between Miami-
Dade County and City of South Miami for the SW 64th Street Improvements -
Phase II
1 RESOLUTION NO., __ _
'2
3 A resolution authorizing the City Manager to execute a fiscal year 2011
4 Community Development Block Grant agreement with Miami-Dade Connty
5 Public Housing and Community Development (PH CD) for the SW 64th Street
6 Improvements Project -Phase II in the amount of $177,000.
7
8
9 WHEREAS, the Mayor and City Commission desire to accept the grant from Miami-
10 Dade County administered by and through its Department of Public Housing and Community
11 Development (PHCD); and
12
13 WHEREAS, the Agreement will provide funding for much needed street improvements
14 on SW 59th Avenue, SW 58 th Place, SW 58 th Avenue, SW 57'h Place, SW 57'h Court from SW
15 66 th Street to SW 64 th Street; and
16
17 WHEREAS, the City Manager is authorized to execute the grant agreement in an amount
18 of$I77,OOO; and
19
20 WHEREAS, the Agreement requires matched funding in the amount of $65,500 for
21 construction of which $55,000 will be funded by the SMCRA and;
22
23 WHEHEAS, the Agreement requires matched funding in the amount of $14,500 for
24 salaries of City of South Miami personnel and;
25
26 WHEREAS, the grant period begins on January I, 2011 and ends on December 31,
27 2012.
28
29 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND ClTY
30 COMMISSION OF THE CITY 011 SOUTH MIAMI, FLORIDA THAT:
31
32 ~ectiOl) 1: The City Manager is hereby authorized to execute the grant agreement with
33 Miami-Dade County Department of Public Housing and Community Development (PH CD) for
34 the SW 64th Street Improvement Project -Phase II in the amount of $177,000. The grant
35 agreement is attached to this resolution.
36
37 Section 21 This resolution shall be effective immediately after the adoption hereof.
38
39
40
1 PASSED AND ADOPTED this __ , day of ___ ,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-179-11. #R-446-11 & #R-447-11
Duns Number #024628976
Awarded Amotmt$177,OOO
CDBG 2011
Municipalitiy
FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI·DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter referred to as "Agreement" or "Contract"). by and between Miami-Dade Counly.
a political subdivision of the State of Florida, hereinafter referred to as "County" and City of South Miami. hereinafter
reterred to as "Awardee" and having offices at 6130 Sunset Drive. South Miami. Fl 33143. and telephone number of
1305l 668-2510 ,states conditions and covenams for the rendering of Community. Economic or Housing activities
hereinafter referred to as "Activity or Activities" for the County through its Public Housing and Community
Development hereinafter referred to as "PHCD." and having its principal offices at 701 N.W. 1 Court. 14" Floor.
Miami. Florida 33136, collectively referred to as the "Parties."
WHEREAS. the Heme Rule Charter authorizes Miami-Dade County to provide for the uniform health and
welfare of the residents throughout the County and further piovides that all functions not otherwise specifically
assigned to others under the Charter shall be performed under the supervision of the Miami-Dade County Mayor; and
WHEREAS. the Community Development Block Grant (CDBG) Program was authorized by the Housing and
Community Development Act of 1974. as amended. with the primary objective of promoting the development of viable
urban communities; and
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee. and the Awardee is desirous
of providing such activities; and
WHEREAS, the County has appropriated $177.000 of CDBG funds to the Activity SW 64th Street
Improvements located at SW 64th Street IHardee Drivel from SW 571h Avenue ~Red. Roadl to 62"" Avenue and
adjacent Streets from SW 66" Street to SW 64" Street on SW 59'" Avenue, SW 581 Place, SW 58" Avenue, SW 57"
Place, and SW 5th Court. All CDBG funds, except those awarded to County Departments and MuniCipalities,
will be awarded in the form of a loan that is forgivable if the national objective is met pursuant to the terms and
conditions set forth herein. including but not limited to Section II. W(2)(a)(1)-(2); and
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 herejn~ the parties hereto agree as
follows:
I. DEFINITIONS
PHCD
24 CFR Part 570 -CDBG
Community Development
Corporation
Local
Department of Housing and Community Development or its successo~r
Department.
Federal regulations implementing Title i of the Housing and
Community Development Act of1974,85 amended • Community
Development Block Grant.
A local agency that is organized to meet community development
needs wUh particular emphasis on the. -economic development,
hous.ing and revitalization needs of lowN and-moderate..fneome area
residents and which is receptive to the needs expressed by the
community.
Having headquarters in Miami-Dade County or having a place of
Page 1 of 39
Loww and Moderate~jncome
Individual or Family
Very Low Income Individual
Of Family
Contract Records or
Agreement Records
Federal Award
Awardee
Property
Policies and Procedures
Manual
Subcontractor or
Subconsultant
Subcontract
II. THE AWARDEE AGREES:
business located in Miami-Dade County from which the Conti3ct or
Subcontract will be performed.
A person or family whose annual income does not exceed 8'0-% of the
median income for the area, as: determined by HUD with adjustments
for smaner and larger families and with certain exceptions as provided
in 24 CFR Part 570.
A person or family whose amT",a; income does not exceed 50% of the
median income for the area, as "determined by HUD with adjustments
for smaller and larger fammes and with certain exceptions as provided
in 24 CFR Part 570.
Any and all books, records, documents, information" data, papers,
letters, materials, electronic storage data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed,"maintained, completed, received or compiled by
or at the direction of the'Awardee or any subcontractor in carrying out
the duties and obligations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, maps1 pamphlets, designs, electronic tapes, computer
drives and di~kettes 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.
PHCD's Policies and Procedures Manual f/k/a Contract Compliance
Manual may be viewed and downloaded at
http://www.miamidade.gov/ced/PnP.asp
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 HA1) 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
incorporated herein and attached hereto, in the County or the focus area(s) of the County.
B. Insurance Requirements
Upon PHCD's notifICation, the Awardee shall furnish to the Department's Community and
Economic Development Division (CEDD), 701 N.w. 1 Court, 14'h 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 Awardeecand the Activity being funded through
this Agreement. The Awardee shall provide Builder's Risk Insurance andlor Flood Insurance (if
applicabfe) upon the issuance of the Notice to Proceed with an effective date for coverage
commencing, on the Notice to Proceed date.
Page 2 of 39
Any changes to the required insurance-policies, including coverage renewals, must be submitted to
PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requiremenis within sixty (60) caleridar days after the Board of County Commissioners' approval,
the Awardee shall be in default of the tenns and condilions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in
conjunction with this subsection remain in force for the duration of the Agreement period, including
any and all option years, if applicable. In the case of construction and major rehabilitation activities,
the Awardee must have the coverage cited in Attachment B-l(B) of this Agreement at the time
that it begins construction on the project. If the insurance certificates are scheduled to expire during
the Agreement period, the Awardee shall be responsible for submitting new or renewed insurance
certificates to the County at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed
certificates are received by the County in the manner prescribed in the requirements; provided,
however, that this suspended period does not exceed thirty (30) calendar days. If such suspension
exceeds thirty (30) calendar days, the County may, at its sole discretion, tenninate 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 tfle 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 indemnity and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County Of its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings
of any kind or nature arising out of. relating to or resulting from the performance of this Agreement
by the Awardee or its employees, agents, servants, partners prinCipals or subcontractors. The
Awardee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits or actions of any kind or nature in the name of the County. where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. The Awardee expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the Awardee shall in no way limit the
responsibility to indemnity, keep and save hannless 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 oul of this Agreement. The provisions
of this section survive' the tennination 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 Bel)efit 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 Gounty may be nable 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 HUn 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 THATTH.E AWARDEE HAS NOT MET THE NATIONAL
Page 3 of 39
O.6JECTIVE. The County shan have all rights and remedies in law and equity to seek repayment
of funds loaned to Awardee pursuant to this Agreement.
F. Documents and Reporting Requirements
The Awardee shall submit documents to PHCD or report on relevant information to PHCD as
described below or provide any other documents in whatever form, manner, or frequency as
prescribed by PHCD. These wIT! be used for monitoring progress, performaqce, and compliance
with this Agreement and for compliance with applicable County and Federal requirements.
1. Certificates of Insurance
The original to be received by PHCD within the first month of this Agreement period, and
submitted with each payment request, including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of
this agreement.
Government entity shall indemnify and hold harmless the County and its officers,
employees, agents and instumentalities 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 insturmentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, refating 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 on way limit the responsibility to indemnify, keep and save
harmless and defend the County or its officers, employees, agents and instrumentalities
as herein provided.
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 PHCD, which shall
describe the progress made by the Awardee in achieving each of the objectives
and action steps identified in Attachment A and Attachment A-1.
The Awardee shall ensure that PHCD receives each report in triplicate (or as
indicated) no laler than 10 days after the quarter ends ..
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized
to fulfill the terms and conditions of this Agreement, Miami-Dade County
Resolution No. 1634-93 will apply to this Agreement This resolution requires the
selected Awardees to file quarterly reports as to the amount of Agreement
monies received from the County and the amounts thereof that have been paid
by the Awardee directly to Black, Hispanic and Women-Owned businesses
performing part of the contract work.
Additionally, the listed businesses are r€quired to sign the reports, verifying tlleir
participation in the contract work and their receipt of such monies, For purposes
a! 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 PHCD a cumUlative account of its activities under
this agreement by completing the following portions of the Progress Report Form:
Section I -Status of Contracted Activities:
Page 40f39
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
serted during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation
projects shall report on the progress of their activities including lhe number of
housing unils completed and occupied by low-moderate and low income
residents. The Awardee shall also report demographic information Of) each head
of household. Each goal and corresponding objective(s), as indicated in the
approved Scope of Services, must be addressed as part of this report.
Se'Ction If 0 Fiscal Information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income Usage for each contracted activity.
Section III -Contract and Subcontract Activitv Report:
Contract and Subcontract Activilv Report (First .and Third Quarter Progress
Report) -The Awardee shall report to PHCD the number of business activities
involving minority vendors, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in
Attachment C, and when applicable Section 3 in the same Attachment shall be
completed semiannually by the Awardee and submitted to PHCD no laterthan 10
days after the first and the third quarter ends.
Section IV -Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) -The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from
federally financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be submitted using
the Progress Report Form attached hereto as a Section in Attachment C, as it
may be revised. This section of the form shall be completed semiannually by the
Awardee and submitted to PHCD no tater than 10 days after the first and the
third quarter ends.
The Awardee shall submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation shall comply
with the format specified at the time of the request. Failure to submit the
Progress Reports or other information in a manner satisfactory to the County by
the due date shall render the Awardee in noncompliance with this Article. The
County may require the Awardee to forfeit its claim to payment requests or the
County may invoke the termination provision in this Agreement by giving. five
days written' notice of such action to be taken.
c. Unspecified Site(s) Objective -If the Awardee has not yet identified a location to
carry out any of the activities described in Attachment A, the Awardee shall
submit, in triplicate, Progress Reports, using the form attached hereto as part of
Attachment C, on a monthly basis until such time as the Awardee complies with
the provisions contained within Section II, Paragraph F.4. of this Agreement.
Copies of the above described Progress Report shall be received by PHC);} no
later than the tenth (10th) day of each month and shall address the progress
undertaken by the Awardee during the previous month. This Progress Report
shall not be required if the Awardee is submitting the Progress Reports-required
by Section II, Paragraph F.2.a and Paragraph F.3.
Page 5 of 39
3. Annual Report (Fourth Quarter Progress Report)-The Awardee shall submi! a cumulative
status report (hereinafter referred to as "Annual Report") using the "Progress Report"
specmed 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!n Attachment A
during ihe previous year. The "Annual Report" must cover the COBG fiscal year of
January 1, 2011 through December 31, 2011 and shall be received by PHCD no Jater than
10 days after the year ends.
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
submi! information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment 0, "Information for Environmental Review Form,"
Not'l.rithstanding 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 completion of environmentar 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 project is conditioned on the County's determination to proceed with, modify or
cancel the project based on the results of a subsequent environmental review~
5. Audit Report -The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below, The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any
non-compliance issues stated in the audi~ 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,
pmperty management and procurement policies and procedures, personnel management,
accounting pOlicies and procedures, etc. Such information shall be submitted to PHCD
within 30 days of the execution of this Agreement.
7. Inventory Report -The Awardee shall report annually all nonexpendable personal and real
property purchased with CDBG funds from this and previous agreements with the County
as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan -The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties
At the time of contract execution, or at any other time at the request of the County,
Awardee shail disGiose to the County all Related or Affiliated Parties. Related or Affiliated
Parties shall mean persons, corporations, partnerships, or other business entities (a)
which have a direct or indirect ownership interest in Awardee, (b) which have a parent or
principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose
members appointed by Awardee, or (d) which the County deems in its sole discretion to
be a Related or Affiliated Party of Awardee. The Awardee shall report this information to
the County upon forming the relationship or, if already formed, shall report it immediately.
Any supplemental information shall be reported quarterly in the required Progress Report.
This provision shall be construed broadly to the benefit of the County. Non-compliance
with these requirements will be considered a default, which may result in the immediate
termination of the agreement, the recovery of the entire funding award, and the
disqualification of funding through PH CD for a period of three years.
10. :Reporting on Financial Status, Bankruptcy, Real Property, or Persona! Property
Page 6 of 39
Awardee shall notify the Counly in writing within ten (to) days of the occurrence of any of
the following as to Awardee or any Related or Affiliated Parties:
a. Any anticipated or pending lis pendens, foreclosure action, arrearag.e, default,
late payment regarding any property of Awardee or Related or Affiliated Parties, including
properties not related to this Agreement. Awardee shall also provide the Counly with a
copy of all court filings, notices of default, arrearage or late payment, or any other
documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the Counly.
c. Any default or arrearage on any loan, Note or other debt or obligation for
which the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution,
reorganization, apPointment of a trustee or receiver.
e, Any action, activity. facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a defaul! 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 PHCD if any funds other Ihan federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan. or cooperative Agreement, on a Standard Form-LLL. "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and ill
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. F"dera~ State, and County Laws and Regulations
The Awardee agrees to abide by Chapter II-A, Code of Miami-Dade County ("County
Code"), as amended, applicable to non-discrimination in employment, housing and public
accommodation.
Rules, ReguJ-ations and licensing Requirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein. especially those applicable to conflict of interest and
collusion. Awardees are presumed to be fammar with ali Federal, State and local laws,
Page 7 of 39
ordinances, codes, ru!-es and regulations that may in any way affect the goods or services
offered. especialiy Executive Order No. 11246 entitled "Equal Employment Opportunity"
and as amended by Executive Order No. 11375. as supplemented by the Department of
Labor Regulations (41 CFR. Part 60). the Americans with Disabilities Act of 1990 and
implementing regulations. the Rehabilitation Act of 1973. as amended. Chapter 553 of
Florida Statutes and any and all other local, State and Federal directives, ordinances.
rules, orders, and laws relating to people with disabilities. The Awardee will also comply
with OMB A-122. OMS A-ll0. OMB A-21. OMS A-133, and with the applicable
procedures specified in PHCD's Policies and Procedures Manual found at
http://www.mlamldade.gov/cedIPnP.asp, which are incorporated herein by reference,
receipt of which Is hereby acknowledged. and as they may be revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973. as
amended. which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color,
or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Titie VIII olthe Civil Rights Act of 1968; as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of race,
color, reiigion, sex, or national origin; Executive Order 11246, as amended which requires
equal employment opportunity; and with the Energy Policy, amended and Conservation
Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy
effiCiency.
The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A-60
et seq. of the Miami-Dade County Code. which requires an employer, who in the regular
course of business has fifty (50) or more employees working in Miami-Dade County for
each working day during each of twenty (20) or more calendar work weeks to provide
domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Agreement or for commencement of debarment
proceedings against the Awardee.
3. If the amount payable to the Awardee pursuant to the terms of this. Agreement is in excess
of $100,000, the Awardee shall comply with all applicable standards, orders, or
regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857
h). as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251). as amended;
Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency
regulations (40 CFR Part 15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
PHCD.
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. The
Developer/Awardee/Coniract further agress to comply with the 2010 ADA Standards for
accessible design.
6. Affirmative Action/Non-Discrimination of Emplovment. Promotion. and Procurement
Practices (Ordinance #98-30) -Ail firms with annual gross revenues in excess of $5
mUilon. seeking to contract with Miami-Dade County shall. as a condition of award. have a
written Affirmative Action Plan and Procurement Policy on file with the County's
Department of Business Development Said finns must also submit, as a part of their
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Affinnative 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 d-etai-led listing of their Boards of Directors,
showing the race or ethniclty of each board member. to the County's Department of
Business Development. Finns claiming exempiion must submit, as a part of their
proposalslbids to be filed with the Clerk of the Board, an appropriately completed and
Page 8 of 39
signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall
be subject to periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women-owned businesses.
It will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compliance with the Ordinance. Those firms
that do not exceed $5 million annual gross revenues must clearly state so in their
bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Manager for award by the Board of
County Commissioners.
7, Domestic Violence I eave Affidavit -Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-60 of the Miami-
Dade County Code. This Ordinance applies to employers that have, in the regular course
of business, fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year: In accordance with Resolution R-185'()0, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not certified its compliance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R-185-00, as weli as the
Domestic Leave Ordinance may result in the contract being declared void, the contract
being terminated and/or the firm being debarred.
8, Code of Business Ethics -In accordance with Section 2-8,1(1) of the Code 01 Miami-Dade
County each person or entiny that seeks to do business with Miami-Dade County shall
adopt a Code of Business Ethics ("Code") and shall submit an affidavit statino that the
Awardee has adooted a Code that complies with the requirements of Section 2-8,lm of
the Miami-Dade County Code (Form A:121. Section 2-11, 1(d) of Miami-Dade County Code
as amended by Ordinance 00-1, also requires any county employee or any member of the
employee's immediate family who has a controlling financial interest, direct or indirect,
with Miami-Dade County or any person or agency acting for Miami-Dade County from
competing or applying for any such contract as it pertains to this solicitation, must first
request a conflict of int$f9st 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 famify 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 8uch contract, agreement or business engagement entered in violation of this
subsection, as amended, shall render this Agreement voidable. For additional
information, please contact the Ethics Commission holline at (305) 579-9093,
9. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public bOOding cr public work; may not submit proposals on
leases 01 rea! property to a public entity; may not be awarded or perform work as a
Awardee, supplier, subcontractor, or consultant uf.lder a contract with any public entity;
and, may not transact business with any public entity In excess of the threshold amount
provided in Section 287,017 for Category TWO ($10,000) for a period of thirty-six (36)
months from the date of being placed. on the convicted vendor list. The Awardee warrants
and represents that it has not been placed on the convicted vendor Ust The Awardee
agrees that should Miami-Dade County discover that the Awardee's representations
regarding the list are false., this Agreement shall be terminated on the discretion of Miami-
Dade County. Further, should the Awardee be placed on the list at any time during this
Agreement Miami-Dade County shall have the right to terminate this agreement
Page 9 0139
10. Criminal Conviction -Pursuant to Miami-Dade County Ordinance No. 94-34, "Any
individual who has been convicted of a felony during the past len years and anY
corporation, partnership,. joint venture or other legal entfty having an officerr director, or
executive who has been convicted of a felony during the past ten years shall disclose this
information prior to entering into a contract with or receiving funding from the County."
Failure of the Awardee to disclose this information as required may lead to the
termination of this agreement by Miami-Dade County.
If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee,
is found by the responsible enforcement agency, the Courts or the County to be in
violation of the Acts, the Couniy will conduct no further business with Awardee. Any
contract entered into based upon a false affidavit, as listed below, and submitted pursuant
to this resolution shall be voidable by the County:
1. Miami-Dade County Ownership Disclosure Affidavit
2. Miami-Dade Employment Family Leave Affidavit
3. Miami-Dade Employment Drug-Free Workplace Affidavit
4. Miami-Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
8. Related-Party Disclosure Information
9. Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
10. • Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other
Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavit
15. Financial and Conflicts of Interest Affidavit
16. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in
violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), PUb. L. 101-336, 104 Stat
327,42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 inclUding Tille
I, Employment; Title II, Public Services; ntle III, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
2. The Rehabifitation Act of 1973,29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the reqUirements in the Agreement, the Awardee / Department agrees to
comply with all the provisions of 24 CFR 570.502, 24 CFR570.503, and 24 CFR Part 570,
Subpart K, including the following:
Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order
11063.
Section 109 01 the Housing and Community DevelopmentAcl
Labor standards.
En'vironmental standards.
Page 10 of 39
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 1237:2_
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
11. National Objective
Awardee must achieve the following national objective;
To benefit low-and moderate-income persons;
1. For activities designed to meet the national objective of benefit to low-and
moderate-income persons, the Awardee shaH ensure and maintain
documentation, acceptable to PHCD in its sale discretion, that conclusively
demonstrates that each activity assisted in whole or in part with CDBG funds is
an activity which provides benefitto 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) goveming the Residential Antidisplacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families. individuais, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabiiitaion,
demolition or conversion for a CDBG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies concerning
the displacement of persons from their residences.
4. For ,each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Awardee shali obtain,
immediately after a site is identified by the Awardee, PHCD's written
environmental clearance statement and shall agree in writing to comply with any
and all requirements as may be set forth in the Site EnvlronmentaJ Ctearance
Statement.
5. The Awardee shall cooperate with PHCD in informing the appropriateCDBG
citizen participation structures, including the approprIate area committeesi 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 ollicers, PHCD, or the County.
6. The Awardee shall make a good fanh effort to address the concems()f the
residents of the affected area. The Awardee shall cOQperate with PHCD in
infomling the appropriate CDBG citizen participation structures, including the
appropriate area committees, of the activities of the Awardee in adhering to :the
provisions of this Agreement Representatives of the Awardee shalt attend
Page 11 of 3l)
meetings of the appropriate committees and citizen participation structures, upon
the request of the citizen participation officers, PH CD, or the County.
7. For activities involving acquisitron, rehabilitation andlor demolition of property and
which require the relocation of families, individuals, business.es and/or industries,
the Awardee shall submit a written noiificajion to the Community Planning. and
Outreach Division of PHCD prior to relocating, evacuating, and/or dispersing any
and all legal occupants who reside at this property on the basis of a long or short
term lease. When the legality of an occupant (individual, family, business, and/or
industry) is in question, the Awardee shall contact the above mentioned unit prior
to making a determination. Awardees receiving CDBG funds shall adhere to 24
CFR part 50 and/or part 58 and to the rules and regulations of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970, as
amended. The Awardee shall adopt Affirmative Marketing Procedures and
reqUirements for COBG assisted projects. These procedures must consist of
actions to provide information and attract eligible persons from all racial, ethnic
and gender groups to the available services. The Awardee shall annually assess
its affirmative marketing program to determine if the procedures used to comply
with the requirements specified in Public law 88-352 and Public law 90-284
successfully meet these requirements. The Awardee shall submit to PHCD its
Affirmative Marketing Plan no later than 60 days from the date this Agreement is
executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding their compliance with the national otrjective, and PHCD
will have the right to monitor the activity.
9. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
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 a/l other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be finai and binding.
J. Board of Directors
If the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shail nat be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall:
1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement,
prior fo taking any actton~ to schedule a meeting to receive compliance }nformation.
2. Co.mply with the Awardee's procurement and pre-award requirements and procedures
which, at a minimum, shall adhere to all applicable federal standards.
Page 1.2 0139
3. Comply with the Davis-Bacon Act; Cop.eland Anti-Kick Ba.rJ< Act; Contract Work Hours and
Safety Standards Act; and Lead-Based Paint POisoning Prevention Act as amended on
September 15, 1999; and other related acts, as applicable.
4. Submit to PHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
5. Submit to PHCD all construction plans and specifications and receive PHCD's approval
prior to implementation.
6. Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, PHCD will hold ten
percent (10%) of the total grant award as a retainer untH the construction work is
determined by PHCD, in its soJe discretion, to be seventy~five percent (75%)
completed, At the time that the construction work is determined by PHCD to be
seventy~flve percent complete, the retainer will be reduced to 5% until the work is
completed, Completion shall occur when a Certificate of Occupancy is issued.
7. The County shall have the right to assign the Professional Staff and provide Technical
Assistance from the Department of Housing and Communlly Development to assist the
project if the County's staff determines that the Awardee has been unable to consistently
achieve the work and units described within the time frames of the action step format of
this agreement. Such involvement may result in a reduction of a maximum of 5% of the
Agreement's award to cover the cost of the technical assistance. The Awardee shall
cooperate and comply with all requests made by such staff ..
8. Execute and record, at the County's request, any of the following documents in order to
ensure the Property is used as defined and described in Attachment A of this Agreement:
a. Promissory Note
b. Mortgage
c. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
L. Audits and Records
1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance w~h OMB A-133.
Nonprofit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program-specific audit p-erfonned, 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 OMB 1'.-133, although their records
must be avaiiabJe for review (e.g., inspections, evaluations). Such agencies that receive
less than $500,000 in combined Federal awards must submit to the County annual
compilation reports [hal describe their performance. To achieve uniformity regarding the
reporting format, such documents must comply with the accounting industry standards by
communicating an independent accountant's (1) expression of limited assurance on
FINANCIAL STATEMENTS as a result of perfOfming 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-pfesentation in the form of
financial statements information that is the representaticA 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).
Page 13 of 39
3. When the requirements of OMB A-133 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which inciudes a validation of all
progrem generated income and its disposition, especially attributable to CDBG funds, an
internal control review, and a compliance review as described in OMB A-133. A copy of
the audit rejJor! in trtplicate must be received by PHCD no later than six months following
the end of the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year or on the basis of the period during which PHCD-federal
assistance has been received. In either case, each audit shall Gover a time period of not
more than twelve (12) months and an audit shall be submitted covering each assisted
period until all the assistance received from this Agreement has been reported on. Each
audit shall adhere to all other audit standards of OMB A-i33, as these may be limited to
cover only those services undertaken pursuant to the terms of this Agreement. A copy of
the audit report in triplicate must be received by PHCD no later than six months following
each audit period.
5. The Awardee shall maintain ell Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement.
7. The Awardee shall ensure that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8. The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this Agreement and defined by PHCD, each of the record-
keeping and audit requirements detailed in this Agreement. PHCD shall, in its sole
discretion, determine when services are eiigible substantive programmatic services and
subject to the audit and record-keeping reqUirements described above.
9. The County reserves the right ID require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's
expense. The Awardee shall provide access to all of its records, which relate directly or
indirectly to this Agreement at its place of business during regular business hours. The
Awardee shall retain all records pertaining to this Agreement and upon request make
them available to the County for four years following expiration of the Agr"ement. The
Awardee agrees to provide such assistance as may be necessary to facilitate the review
or audit by the County to ensure compliance with applicabie accounting and financial
standards.
10. The Awardee shall ensure that its auditors share their audit results with and must submit
the audit repor! to PHCD within six months after the conclusion of the audit period.
11. Pursuant to Counfy 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
accounfing system that provides accounting re.cords that are supported with adequate
documentation, and adequate procedures for detemrinh'g the allow ability and allocability
of costs.
Page 14 of 39
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 Heaith Information (PH!) shall comply with the Health Insurance Portability and
Accountability Act (HIPAA) of 1996 and the Miami-Dade County Privacy Standards Administrative
Order. HlPAA mandates privacy, securitj and electronic transfer standards 'tncluding but not
limited to:
1. Use of information only for performing services required by the Agreement or as
required by iaw;
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 {he same restrictions
and conditions 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 available to Miami-Dade County for an accounting of disclosures;
and
8. Making internal practices, books and records related to PHI available to Miami-
Dade County for compliance audits.
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
of its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health informatton.
N. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least five (5) years
(hereinafter referred to as "Retention Period") subject to the limitations set forth below:
a. For all non-CDBG assisted aclivities, the Retention Period shall begin upon the
expiration or termination of this Agreement.
b. For CDBG assisted public service activities, the Retention Period shall begin
upon the date of U.S. HUD's acceptance of PHCD's annual Grantee
Performance Report for the year in which the activity is reported as completed.
For each public service activity, the Awardee must retain all Agreement records
except those relating to real and nonexpendable personal property.
c. For all other CDBG assisted activities, the Retention Period shall begin upon
U.S. HUD's acceptance of PHCD's annual Grantee Performance Report in which
each assisted activity is reperted on for the final time. For aU the CDBG assisted
activities covered by this Section fI, Paragraph L.1.c., the Awardee must retain all
Agreement records except those relating to rea! and nonexpendab!e personal
property.
d. For all CDBG assisted activities, the Retention Period for all Agreement records
relating to real and nonexpendable personal property shall begin upon the date
ofthe final disposition of the property.
Page 15 of 39
2. If the County or tile Awardee have received or given notice of any kind indicating any
threatened or pending, litigation, claim or audit arising out of the services provided
pursuant to the terms ofthis.Agreement, lhe Retention Period shall be extended until such
time as lhe threatened or pending litigation, claim or audil is, in the sale and absolute
discretion of PHCD,fully, compietely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County full access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify PHCD in writing, both during t~e pendency of this Agreement
and after its expiration as part of the final closeout procedure, of the address where all
Agreement records will be retained.
5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
O. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to PHCD, upon request, all Agreement records. These
records shall become the property of PH CD without restriction, reservation, or limitation
of their use. PHCD shall have unlimited rights to all books, articles, or other copyrightable
materials developed for tile purpose of this Agreement. These unlimited rights shall
include the rights to royalty-fees; nonexclusive, and irrevocable license to reproduce,
publish, or othelWise use, and to authorize others to use, the information for public
purposes.
2. If the Awardee receives funds ITom, 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
communica'tions and reports to PH CD immediately upon such issuance unless such
disclosure is a violation of the rules or policies of the regulatory agencies issuing the
reports.
3. Proprietary Information
As a pOlitical SUbdivision of the State of Florida, Miami-Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or matenals which the County has agreed to protect as
proprietary infonnation from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense. the
disclosure of which couldcharm 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 (hereinafier "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 technoiogy
software.
The Awardee wiIJ report to the County any information discovered or which is disclosed to
the Awardee which may relate-to the improper use, publication. disclosure or removal from
the County's property of any information technology software and hardware and will take
such steps as are within the Awardee's authority to prevent improper use, disclosure or
removal.
Page 16 of 39
3. Proprietary Rights
a) The Awardee hereby acknowiedges and agrees that the County retains all rights, title
and inlerests in and to all materials, data, documentation and copies thereof furnished
by the County to the Awardee hereunder or furnished by ihe Awardee 10 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 perfonms in connectionw;th this
Agreemeol, including all copyright and other proprietary rights therein, which the
Awardee as well as its employees, agents, subcontractors and suppllers may use
only in connection of the performance of SelVices under this Agreement. The
Awardee shall no!, without the prior written consent of the County, use such
documentation on any other project in which the Awardee or its employees, agents,
subcontractors or suppliers are or may become engaged. SUbmission or distribution
by the Awardee to meet official regulatory reqUirements or for other purposes in
connection with the performance of Services under this Agreement shall not be
construed as publication in derogation of the County's copyrights or other proprietary
rights.
b) All rights, title and interest in and to certain inventions, ideas, deSigns and methods,
specifications and other documentation related thereto developed by the Awardee
and its subcontractors specifically for the County, hereinafter referred to as
"Developed Works" shall become the property of the County.
c} Accordingly. neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The
Developed Works may not be utilized, reproduced or distributed by or on behalf oHhe
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, jf the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose andlor permit any olher
person(s) or entity(ies) to use all such Licensed Software and the associated
specffications, technical data and other Documentation for the operations of the
County or entities controlling, controifed by, under common control with, or affiJiated
with the County, or organizations which may hereafter be formed by or become
affiliated with the County. Such license speCifically includes, but is not limited to, the
right of the County to use andlor disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided he-reunder,. to
any person or entity outside the County for such person's or entity's use in furnishing
any and/or all of the De-liverables provided-hereunder exclusively for the County or
entities controlling, controlled by, under common control with, or affiliated with the
County~ or org-anizations which may hereafter be formed by or become affiliat-ed 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 ;n 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 shaJi they be construed
to impose any liability on the County by the Awardee or third parties. The prOVisions in this section
shali apply to the Awardee, its officers, agents, employees, SUbcontractors, suppHers 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 perforrrance of the
Agreement.
Page 17 of 39
Miami-Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami-Dade Coun!>/, as amended, Miami-Dade County
has estabiished 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 wili
be deducterl by the County from progress payments to the selected Awardee. The audit cost shall
also be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not
apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts
for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (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 isarproved 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) Jederal,
state and local government-funded grants; and (n) interlocal agreements. Notwithstanding the
foregoing. the Miami-Dade County Board of County Commissioners may authorize the inclusion of
the fee ,assessment of one quarter (1/4) of one percent in any exemoted contr.act at the time of
award.
Awardee consents to the powers of the Inspeclor General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. MonitOring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG
retained by the Inspector General, the Awardee shall make all requested records and documents
available to the Inspector General or IPSIG for inspection and copying. The Inspector General and
IPSIG shall have the right to inspect and copy all documents and records in the Awardee's
possession, custody or control which, in the Inspector General or IPSIG's sale judgrnent, pertain to
performance of the Agreement, including, but not limited to original esiimate files, worksheets,
proposals and Agreements from and with successful and unsuccessful subcontractors and
suppliers, all project-related correspondence, memoranda, instructions, financial documents,
construction documents t proposal and Agreement documents, back-charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds,
rebates, or dividends received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from ihe County,
the Awardee shall make available to the IPSIG retained by the County, ali requested records and
docurnentation pertaining to this Agreement for inspeciion and reproduction. TRe 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 Coun~j, 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 fto.-is provision
shall impair any independent rtght 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 irnpose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Page 18 of 39
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 wrillen approval from PHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontraci(s) or Agreement assignments, wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to PHCD at least thirty (30) days prior to the start date of
the agreement. PHCD shall have no obligation to approve payment of any expendlture
(resulting from an agreement or subcontract) which was incurred poorto the approval by
PHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not specifically listed in the
approved budget.
5. The disposition of all real, expendable personal, and nonexpendable personal property as
defined in Section II, Paragraph W.1. of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget.
7. The disposition of Program Income not specifically listed in the approved Program Income
budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II, Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this
Agreement.
10. In the event the Awardee wishes to substitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all
Agreement records. facilities, equipment. materials, and services of the-Awardee which are in any
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, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will rectify all deficiencies cited by PH CD within the specified period of time set forth in the report, or
provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD will
determine, in its sole and absolute discretion, whether or not the Awardee's justi·fication is
acceptable or if the Awardee must, despite the justification, recliiYthe deficiencies cited by PHCD
in its report.
S.. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public
Agencies) and 24 CFR 570,611 with respect to conflicts of Interes~ and covenants that it presently
has no Dnandal interest and shan not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services requried under this Agreement.
The Awardee further covenants that in the performance of this Agreement no person having such a
Page 19 0139
financial interest shall be employed or retained by the Awardee hereunder. These conflict of
interest provisions appiy to any person who _is an employee, agent, consultant, offiGer~ .or ejected
official or appointed official of the County, or of any designated public agencies or subrecipients
which are receiving funds under the CDBG Entitlement program. The Awardee certifies and
represents that no officer, director, employee, agent, or other consultant of the CouAty or a
member of the immediate family or household of the aforesaid has directly or indirectly received or
been promised any form of benefit, payment or compensation, whether tangible or intangible, in
connection with the grant of this Agreement.
The Awardee shall abide and be governed by Miami-Dade Gounty 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
PH CD immediately upon the Awardee's discovery of such possible conflict. PHCD will then render
an opinion which shall be binding on aU parties.
The Awardee shail submit to PHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board
members, and list of all business associations with the !ollowing documents:
» Original Agreement or lts-subsequent amendme.nts. » Requests for budget revisions.
» Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement, which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through PHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the
County, or of the State of Florida (including elected and appointed members of the
legislative and executive branches of government), or a member of the immediate
family or household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the services,
supplies orwork, 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 U1e best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsfdiary, or
affiliate of the Awardee shall have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County,
in its sole discretion, may consent in writing to such a relationship. provided the
Awardee provides the County with a wrtllen notice, in advance, which identifies a" the
individuals and entities involved and sets forth in detail the nature of the relationship
and why it is in the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the· standards
Page 20 of 39
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has nO·VF!Or knoV"vledge 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 "dch information to the
attention of the County's Project Manager. Awardee shall thereaiter cooperate with the
County's review and investigation of such information, and comply with the instnuctions
Awardee receives from the Project Manager in regard to remedying the situation.
T. Intentionally Leit Blank
U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the
United States Department of Housing and Urban Development (US HUD), as funding sources and
that the Awardee shall ensure that all publicity, public relations, advertisements and signs
recognize the County and US HUD for the support of all contracted activities. This is to include, but
is not limited to, all posted Signs, pamphlets, wall plaques, comerstones, dedications, notices,
flyers, brochures, news releas~:s, media. packages, promotions, and stationery. The use of the
official County logo is permissible. The Awardee shall ensure that all media representatives, when
inquiring about the activities funded by this Agreement, are informed that the County and US HUD
are the funding sources. The Awardee shall notify the County of all events and activities involving
the Project ten (10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CEDD Project Manager at the Department,
must be notified in order to request the project sign from Miami-Dade County General Services
Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD Project
Manager will submit an invoice to the Awardee for payment of the project sign cost The Awardee
is responsible. for all costs for replacing any amended, lost, defaced or missing sign. The sign shall
remain on the premises at leas! ninety (90) days aiterthe issuance of the Certifioate 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 seIVices
to fulfill this Agreement from minortty and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for. subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PH CD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas
be provided with opportunities for employment and !reining in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of government assistance for housing according to the· guidelines
mentioned below:
1. The work to be performed under this A@reement is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
P8lJe 21 of39
opportunities generated by HlJD assistance or HlJD· assisted projects covered by Section
3, shall, to the greatest extent feasible, be directed to low-and very low-income persons,
particularly persons who are reciprents 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 organiiation or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the. Awardee's
commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for t;aining and
employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the anticipated
date the work shall begin.
4. The Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24-CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training
positions, that are filled (1) after the Awardee is selected but before the Agreement is
executed, and (2) with persons other than those to whom the regUlations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUO
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
t;aining 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. FairSubcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject
to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a
detailed statement of their ,policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be
awarded a subcontract;
b) invites local subcontractors to submit bids/proposals in a practical, expedient way;
c} provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local sulocontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
Page 22of3~
e) awards subcontracts based on full and complete consideration of ali submitted
proposals and in accordance with the -Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award. provide a
statement of their subcontracting policies and procedures (see Attachment G}. The County will not
execute this Agreement with Awardees who fail to provide a statement of the Subcontractors
Policies and Procedures.
The Cou.nty reselVes 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 perfonnance 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, ffxtures and appurtenances
thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights.
c. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $1,000 or more per item, with a norma!
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or PHCD in whole or in part with CDSG funds received from PH CD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five
(5) years after the expiration or termination of this Agreement, or for
such longer period of time as determined by PHCD in its sole and
absolute discretion; or
2) Not used to meet one of the three (3) CDSG National Objectives. In the
event the projJert'l is not used to meet one of the national objectives for
five (5) year" following the expiration or termination of this Agreement or
such longer period as detenmined by PHCD, the Awardee shall, in the
sole discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD in its sole
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CD8G funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no
cost to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
b. Any real property under the Awardee's control that was acquired .or improved in
whole or in part with CDBG funds from PHCD for $25,000 or less shall be
Page 23 of 39
disposed of, at the expiration or termination of this Agreement, in accordance
with instructions from PHCD.
c. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with PHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from PH CD, shall be listed in the
property records of the Awardee and shail 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 descrtbe the programmatic purpose for which
the property was acquired and identify the CDBG national objective tliat 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 PHCD within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of the CDBG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCD. This report shall include the elements listed in
Paragraph W.2.c., above.
Nothing in this section shall be construed to limit the County's right to collect from
Awardee the entire amount of CDBG funds awarded pursuant to this Agreement in the
event Awardee fails to meet a national objective.
3. Inventory -Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered
to the County. A capital item shall be defined as an item that: (1) has a service life in
excess of one year; (2) is either complete within itself or is a major component of another
item of property; (3) by definition cannot be described either as supplies or materials;
(4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more.
Awardee shall notify the County immediately upon acquiring any capital items with funds
allocated in this Agreement
The County shall allow the Awardee fo 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
requirmt 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 wnole or in part
with funds from this and previous Agreements with PHCD shall be listed in the
property records of the Awardee and shall include a description of me property;
location; model number~ manufacturer's serlal number; date df acquiSItion;
funding source~ unit cost at the time of acquisition; present market value;
Page 24 of39
property inventory n'umber; information on its condition; and information on
transfer, replacement, or disposition olthe property.
b. All nonexpendable personal property purchased or improvetl in whole or in part
with funds from this and previous Agreements with PH CD shall be inventoried
annually by the Awardee and an inventory report shall be submitted 10 PHCD.
The inventory report shall include the elements listed in Paragraph W.3.a.,
above.
c. Title (ownership) to all·nonexpendable personal property purchased in whole or
in part with funds g.iven to the Awardee pursuant to the terms of this Agreement
shall vest in the County and PHCD.
5. The Awardee shall obtain prior written approval from PHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property purchased
or improved in whole or in part with funds given to the Awardee or subcontractor pursuant
to the terms of this Agreement. The Awardee shail dispose of all such property in
accordance with instructions from PHCD. Those instructions may require the return of all
such property to PHCD.
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 reftect 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 ofthis Agreement and
applicable federal regulations or rules, or any County rules or ordinance.
a. The Awardee shall comply with the Program Income provisions in PHCD's
Policies and Procedures Manual. If any Program "Income provisions of the
Policies and Procedures Manual conflict with any Program Income proVisions of
this Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to PHCD all cumulative Program Income generated
from activities financed in whole or in part by funds from this Agreement, for as
long as it receives and/or has control over Program Income generated from this
and any previous Agreements with PHCD. 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. TheCountv may in its sale
discretion allow Awardee to Use Program Income to carry out eligible activities.
The Awardee may request to use Program Income for eligible activities.
c. If the Awardee requests to use Program Income, the Awardee shall provide to
PHCD a written explanation of the activities to be assisted with Program Income
and shall obtain PHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. 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 tncome from a revolving loan activity. such as Joan repayments, interest
earned, late fees, and investment income, shall t)'6-substantially disbursed to
eligible loans, loan-retate'd programmatic costs, and operational-costs for the
Page 25 of 39
same revolving loan activity before the Awardee may request additional CDSG
funds for that activity.
g. All" Program Income ffOm non revolving loan activities shall be substantiafly
disbursed to carry out other PHCO 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. PHCD may require
remittance of all or part of any Program Income balances (including investments thereof)
held by the Awardee (except those needed for immediate cash needs, cash balAnces of
revolving loan fund, cash balances from a lump sum drawdown, or cash or investments
held for Section 108 security needs).
4. PHCD, 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 PHCD's Policies and Procedures Manual.
Z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
the prior consent of the County may result in termination of the Agreement for breach.
When Subcontracting is allowed, the Awardee shall comply with County Resolution No.
1634-93. Section 10-34 of the County Code and Section 2-8.8 of the County Code.
I
The Awardee shall ensure that a/l subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors Jist; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at ht!ps:llwww.eprs.gov/ Awardee
shall provide to PHCD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami"Dade County's debarred
Contractor's List; Awardee shall, at a mhlimum; . check at
htlp:/Iwww.miamidade.aov/sba/reporls-debarment.asp to determine if a
person or entity is on Miami·Dade County's debarred contractor's list. Awardee
shall provide PHCD with a printout copy otthe 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 PH CD's Policies and Procedures 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.
Page 26 o! 39
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 PHCDdeem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible substantive programmatic selVice, as may be defined by
PRCD, set forth in this Agreement. PHCD shall in its sole discretion determine
when serVices are eligible substantive programmatic services and subject to the
audit and record-keeping reqlJirements described above, and;
Result from an open competitive bid process generating a minimum of three bids,
Such competitive process shall be described in writing, approved by the Board of
Directors and a copy of which submitted to PHCD. In such circumstances that
open, competitive bids are not feasible or that a minimum of three bids are
unobtainable, pennission to use other methods of award must be requested in
writing and approved by PRCD prior to the assignment or award of subcontract.
The Awardee agrees that no assignment or sub~contract will be made or let in
connection with the Agreement without the prior written approval of PHCD, which
approval shall not be unreasonably withheld, and that all such sub~contractors or
assignees shall be governed by the terms and intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying,"
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the SUbcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to SUbstantiate compliance
with the requirements set forth in the Scope of SelVices. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee, The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in canying out the Scope
of Services provided in this subcontract.
3, The Awardee shall be responsible for monitoring the contractual perfonnance 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 PHCD written prior approval for any subcontract engaging
any party who agrees to canry oulany substantive programmatic activities as may be
detennined by PHCD as described in this Agreement. PHCD's approval shal! be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD prlor to either assigning or
transferring any obligations or responsibility set forth in this Agre.ement or the right to
receive benefits or payments ,esultihgfrom this Agreement.
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrance of any obligation by PHCD in excess of the total
dollar amount agreed upon in this.,A.greement.
Page 2"r of 39
7. If the subco"tract involves $1(JO,OOO or more to provide services listed in the Scope of
Services or suppliers to supply the materials, the Awardee shall provide the names of the
subcontractors and suppliers to PHCD (Attachment H).
8. The Awardee agrees that jt wiH not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from PHCD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Additional Funding
The Awardee shall notify PHCD of any additional funding received for any activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days 0{ 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 PH CD adequate proof, as determined
by PHCD 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 PHCD canceled checks or original invoices approved by the
Awardee's authorized reprBsentative.~When original documents cannot be presented, the
Awardee must adequately justify their absence in writing and furnish copies of those
documents to PHCD. The Awardee shall be paid only for those expenditures contained
within Attachment B, "Budget," to this Agreement as it may be revised with the prior
written approval by PHCD,
2. Requests for payment (reimbursement) shail be assembled by calendar month and
submitted to PHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to PHCD, along with ail original invoices, copies of front and
back of cancelled checks paid to all subcontractors and suppliers, all release of liens from
all subcontractors and supptiers, and ail 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.
3. In no event shail the County provide advance CD8G funding to the Awardee or to any
subcontractor hereunder, nor shail the Awardee advance CDBG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms bf 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 ievels identified in the scope of services
portion of this agreement -Attachment A, which shail be submitted with all payment
requests and shail clearly identify the completed level of accomplishments me!. This shall
also apply to soft costs associated with project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Risk
Management Division. PHCD must receive the final request for payment from the
Awardee no more than thirty (30) calendar days after the expiration or termination of this
Agreement. If the Awardee fails to comply with this requiremenl, the Awardee will forfeit ali
rights to payment(s) if PHCD,in its sole discretion, so chooses.
Page 28 of 39
7. All monies paid to the Awardee which have not been used to retire outstanding obligations
of this Agreement must be refunded to PHCD in accordance with PHCD's Policies and
Procedures Manllal.
8. Any unexpende-d 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'lhe 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
controlJing financial interest in order to secure repayment of this award. "Controlling
financial interest" shall mean ownership, directly or indirectly to ten percent or more of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm, partnership or other business entity.
CC. Reversion of Assets
The Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which
are connected with the real property. In the case of activities involving real property, such reserves
shall not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG
Loan. The Awardee shalt at the request of the County execute any and all documents,
including but not limited to, mortgages securing the property, UCC financing statements~
and restrictive covenants, as required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event shall funds received pursuant to this
Agreement be used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain
legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for re!igious purposes.
3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County. .
Ill. THE COUNTY AGREES:
Subjeot to the availabflity of funds, to pay for contracted Activities according to the terms aod conditions
contained within this Agreement in an amount not to exceed $177.00.0. "Please be advised that the US
Congress has not approved the FY 2011 budget for CDBG at the Ume of this contract execution, and in fact
Congress may reduce funding intended for this progral11; which may impact the award. The parties to L~is
agreement unde,stand that the amount ofthis award is anticipated funding and is subject to availability."
IV. THE AWARDEE AND PHCD AGREE:
Page 29 of 3!1
A. Effective. Date
B.
1. This Agreement shalf begin on January 1, 2011. Any costs incurred by the Awardee prior
to thfs date will not be reimbursed by the County.
2. This Agreement shall expire on December 31, 2u12. Any costs incurred by the Awardee
beyond this date will not be reimbursed by ihe County. The term of this agreement and
the provisions herein may be extended by the County to cover any addiionai time period
during which the Awardee remains in control of the CDBG funds or other assests,
including Program Income to support CDBG eligible activites. Any e-xtension made
pursuant to this paragraph shall be accomplished by a writing by the County to the
Awardee. Such notice shall automatically become a part of this Agreement.
3. This Agreement may, at the sole and absolute discretion of t~e County and PHCD, remain
in effect during any period that the Awardee has control over Agreement funds, including
Program Income. However, the County shall have no obligation or responsibility to make
any payment, except those described within Section II, Paragraph Y, or provide any type
of assistance or support to the-Awardee if this Agreement has expired or been terminated.
4. Management Evaluation and Performance Review
1.
The Department may conduct a formal management evaluation and pertbrmance review
of the Awardee, if in the Department's sale discretion it is deemed necessary and
applicable. The management evaluation shall reilect the Awardee's compliance with
generally accepted fiscal and organizational standards and practices. The perfonnance
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 fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requried
herein.
c. Filing of a lis pendens, foreclosure action, or other !egal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sole
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property 01 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.
[ Any anticipated or pending bankruptcy, restructuring, dfssolution, reorganization,
appointment of a tillstee' or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sale
discretion would materially impair performance by Awardee of all the terms and
conditions of this Agreement.
Page 30 of 39
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation~_ dissolution~ liquidation, apPOltltment of a trustee or receiver; lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or AffiITated Party or the Property, or any action, activity, facts, or
drcumstances that would materially impair performance by Awardee of all the
terms and caditions of this Agreement.
i. Failure to comply strictly with Section II, 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,
atleast ten (10) days before the effective date of suspension. [fpayments 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 ali direct and indirect costs associated with such suspension j including
aftomey's fees. Reasonable cause shall be determined by PHCD, in its sale and absolute
discretion, arid may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of
its SUbcontractors;
b. Failure by the Awardee to materially comply with any term or provision of this
Agreement;
c. Failure by the Awardee to submit any documents, required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or ali of the activities funded by this Agreement.
3. PH CD 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).
o . Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten
(10) business days notice when PHCD determines that it would be ih the best interest of
PHCD and the County. Said notice shall be delivered by certified mail, retum receipt
requested, or in person with proof of delivery. In the event .oftermination, the County may:
(a) request the return of all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the Awardee with County funds under Ihis Agreement~ (b) seek reimbursement of
County funds allocated to the Awardee under this Agreement; andlor (.c) terminate or
cancel any other Agreements entered into between th.e County and the Awardee. The
Awardee shan be responsible for all direct and indirect costs associated with such
termination, incJucftng attorney's fees.
2,. Termination for Con.v-:enience
PHCD may terminate this Agreement. in whole part, when both parties agree that the
continuation. of the activities would not produce beneficia! results commensurate with the
Page 31 of 39
further expenditure of funds. Both parties shall agree upon the termination conditions.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should funds
to finance this Agreement become unavailable., PHCD may terminate this Agreement
upon no less than twenty-four (24) hours wrillen notification to ihe Awardee, Said notice
shall be delivered by certified mail, return receipt requested, or in person with proof of
denvery. PHCD shall be the final authority to determine whether or not funds are available.
PHCD may at its discretion terminate, renegotiate andlor adjust the Agreement award
whichever is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee may, at its discretion, request in
writing from the Director of PHCD a release from its contractual obligations to the County.
The Director of PHCD will review the effect of thi> request on the community and the
County prior to making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its
sole and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is not materially complying with any
term or provision of this Agreement, PHCD may treat such failure to comply as a
repudiation of this Agreement;
7. Termination for Bankruptcy
The County reserves the right to terminale this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a SUbstantial
portion of the property of the Awardee under federal bankruptcy law or any state
insolvency law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by
written notice to the Awardee, terminate this Agreement upon no I<>os than twenty-four
(24) hours notice, Said notice shall be delivered by certified mail, retum 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 10 be' a modification of the terms of this
Agreement The provisions herein do not limit the Counl)l's right to legal or equitable
remedies. The County may resort to any remedy for breach provided herein or at law,
including bat not Umited to, taking over the performance of the Services or any part tbereof
either by itselfor through others.
Page 32 of 39
!n the event the County shall terminate this Agreement for default or breach, the County
or its designated representatives, may immediately take possession of an applicable
equipment, materials, products, documentation, reports and data.
9. Penames for Fraud Misrepresentation of-Material Misstatement
In accordance with the Code of ",TIami-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 .of 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 entily 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 ail 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
perfonnance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a
court of appropriate jurisdiction. The Awardee shall be responsible for all direct and
indirect costs associated with such enforcement, including attorney's fees.
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Agreement, and the
County may withhold any payments to the Awardee until such time as the exact amount of
damages due the County is determined. The County may also pursue any remedies available at
law or equity to compensate for any damages sustained by the breach. The Awardee shall be
responsible for all direct and indirect costs ass.ociated with such action, including attorney's fees.
Payment Settlement. If termination occurs for reasons o1her than breach or default, Awardee shall
be paid only for reasonable, allowable costs :incurred by Awardee prior to notice of terrninaHoD.
PHCD shall be the sole judge of "reasonable, allowable costs." A!I compensation pursuant to this
Article is· subject to an audIt
Page 33 of 39
F. Renegotiation, Modification and Right to Waive
1. Modifications of provisions of this Agreement shall be valid only when in writing and
signed by duly authorized representatives of each party. The parties agree to renegotiate
this Agreement if PHCD determines, in its sole and absolute discretion, that federal, state,
and/or County revisions of any applicable laws or regulations, or increases or decreases
in budget allocations make changes in this Agreement necessary. PHCD shell be the final
authority in determining whether or not funds for this Agreement are available due to
federal, state andfor County revisions of any applicable laws or regulations" or increases
in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement for up to
one year beyond the current Agreement period and will notify the Awardee(s) in writing of
the extension. This Agreement may be extended beyond the inilial year extension period
upon mutual agreement between the Couniy and the Awardee(s), upon approval by the
Director of the Department of Housing and Community Development.
3. PHCD may, for good and sufficient cause, as determined by PHCD 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 shan not be construed to be a modification of this Agreement.
4. PHCD's failure to exercise any of its rights under this Agreement, or PHCD'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 PHCD in the exercise of any right shall operate
as a waiver.
G. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply
with PHCD's Policies and Procedures Manual. These revisions shail not require a
Agreement amendment unless the amount of this Agreement is changed or unless
otherwise required by PHCD. All budget revisions shall require the written approval of
PH CD. PHCD 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 PHCD no later than 5 business days of
the action; written notification will constitute a Agreement amendment. The Awardee will
have five working days upon receipt of certified return receipt notification to SUbmit a
revised budget reflecting funding adjustments. Should the modified budget not be
received within the specified time, PHCD will revise the budget at its discretion. PHCD 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 Serlices, when required, will be negotiated to the mutual satisfaction of both
parties.
3. Revisions to the CDBGeligibilily activily titles under which this Agreement's objectives are
classified as noted in the S-cope of ServIces shall not require a Agreement amendment.
H. Compliance
This Agreement may, at the sale and absolute discretion of the County and PHCD, remain in effect
during any period that the Awardee has control over Agreement funds, including Program Income.
However, the County shall have no obligation or responsibility to make any payment or provide any
type of assistance or support to the Awardee ifihis Agreement has expired or been terminated.
The Awardee agrees to comply wlt~ all applicable State and County taws, rules and regulations,
which are Incorporated herein by r.eference or PJlly set forth herein.
Page 34 of 311
/::"oy alterations, variations, modifications, extensions or waivers of provisions of this Agreement
shall only be vand 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.
I. Disputes
In the event an unresolved dispute exists between the Awardee and PHCD, PH CD shan refer the
questions, including the views of all interested parties and the recommendation of PHCD, to the
County Manager for detenmination. The County Manager, or an authorized representative, will
issue a determination within thirty (30) calendar days of receipt and so advise PHCD and the
Awardee, or in the event additional time is necessary, PHCD will notify the Awardee within the thirty
(30) day period that additional time is necessary. The Awardee agrees that the County Manage~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 with the laws of the Stale 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:
TO AWARDEE: CIty of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attn: Dr. Hector Mirabile, City Manager
COpy TO:
Attn:
TO COUNTY:
Attn:
COPY TO:
Attn:
Miami-Dade County
111 N.W, 1-st Street
Miami,. FL 33128
Russell Benford
Public Housing and Community Development
701 NW rCourt, 14th Floor
Miamf, FL 33136
Gregg' Fortner, D,irectof
Page 35 of 39
COpy TO:
Attn:
COPY TO:
Attn:
Public Housing and Community Development
701 NW 1"Courl, 14~ Floor
Miami, FL 33136
Letitia Goodson, PHCD, Project.Manager
Assistant County Attorney
County Attorney's Office
111 N. W. 1" Street, Suite 2810
Miami, FL 33128
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, nor any assignee, successor, heir or personal representative
of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any
lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this
Agreement, or the dealings or the relationship between or among such persons or entities, or any
of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any
such action in which a jury trial has been waived. The provisions of this paragraph have been fully
discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No
party has in any way agreed with or represented to any other party that the provisions of
this paragraph will not be fully enforced in all inslances.
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement,
including any rights, title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the, prior written consent of the County.
P. Third Parties
This agreement is intended for the sale and exclusive benefit of the parties and is not intended to
benefit any Ihird party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The partiesacknowiedge that any of the obligations in this agreement, including butenot limited to
Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation
hereof. Accordingly, the respeclive obligations of the Awardee and the County under this
Pa-ge 36 of 39
agreement, which by nature would continue beyond the termination, cancellation or expiration
thereo~, shall survive termination, cancellation or expiration hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
,"Lfiliation between the contracting parties. It is expressly understood and intended that the
Awardee is only a recipient of funding support and is not an ag.ent, employee, servant or
instrumentality of the County.
The Awardee is, and shall be, in the performance of all work services and activities under this
Agreement, an independent contractor, and no! an employee, agent or servant of the County. All
persons engaged in any of the work or services perfonmed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sale direction, supervision and controL The
Awardee shalf 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 Tenms and Conditions Included
This Agreement and its attachments as referenced (Attachment A -Scope of Services; Attachment
A1 -Action Steps; Attachment B -Budget, Attachment B-1(B) Idemnification and Insurance
Requirements; Attachment B-2 -CDBG Program Requirements; Attachment C -Progress Report
and Set-Up Forms; Attachment D -Information for Environmental Review; Attachment E -
Certification, Statements and Affidavits; Attachment F -Publicity. Advertisements and Signage;
Attachement G -Fair Subcontracting Policies; Attachement H -Subcontractor/Supplier Listing)
contain all the tenms and conditions agreed upon by the parties. No other Agreement, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of
the parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents andlor agreements
governing this development, the terms, provisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review (SLR) determines the projecfs true gap financing
needs to be !ess 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 tenms and conditions
of the subseql1entfunding award.
U. Interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the prOVisions of this Agreement. Wherever used herein,. the singular shall include
the plural and plural shall include the singular, and pronouns shall be reed as masculine, feminine
or neuter as the context-requires.
V. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the Awardee's obligation to indemnity the County, will su",;ve the term, tenmination 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 expiraiion
thereof, -shall sUivive termination, cancellation or expiration hereof.
Page 37 of 39
W. Corporate Governance
A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0330 through 617.0SZ5. as amended, which are incorporated herein by
ref-erence as if fully set forth herein in connection with its Agreement obligations hereunder.
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
Page 38 of39
IN WITNESS THEREOF, the parties hereto have caused this Thirty~Nine (39) page contract to be executed by their
undersigned officials as duly authorized, this day of 2011.
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
Bv. ,. BY:
NAME: Dr. Hector Mirabile NAME:
Carlos A. Gimenez
TITLE: Mayor
TITLE: City Manager
DATE:
BY: ATTEST
NAME BY:
TITLE: TITLE: Clerk, Board of County Commissioners
DATE
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federa! iD Number: 596000431
Resolution #: #R-179-11, #R-446-11, and #R-447-11
Awardee's Fiscal Year Ending Date: September 30th
CORPORATE SEAL:
AGREEMENT IS !\fOT VAliD UNTlL SIGI\fED AND DATED BY ALL PARTIES
Page 39 af39
ATTACHM~"T A
DEP ARTMENTOF HOUSING AND COMMUNITY DEVELOPMENT
. 1.
2.
3.
4.
-ACTIVITY TITLE:
lDlS#:
INDEX CODE:
RESOLUTION #:
DUNS#:
ACTIVITY #
-ACTMTY DESCRIPTION:
2a -Activity Category:
2b. -Objective:
2c. -Outcome:
-APPROVED BY BCC:
Other Funding Source and Amount:
-TOTAL PROJECT COST:
5. -aUD INFORMATION:
Sa. -BUD matrix code:
5b. -HUD Activity Type:
5c. -Eligibility
6. -ACCOMPLISHMENTS:
6a. -Number of Units:
6b. -Type:
7. -NATIONAL OBJECTIVE:
City of SouL-it Miami
FY 2011 Scope of Services
January 1, 21Hl-December 31, 2012
SW"64th Street Improvements
498U
CD537C04CI and CD533C04RCI
R-179-11, R-446-11 and R-447-11
OZ4628976
20114893
Street improvements as a result of much needed reconstruction adjacent streets
from SW 66" Street to SW 64"' Street on SW 59" Avenue, SW 58 ili Place, SW
58th Avenue, SW 57 111 Place, and SW 57 th Court. The project will include
sidewalks, and roadway improvements, benefiting low-to moderate-income
residents in the South Miami NRSA area.
Canital Improvement
Create Suitable Living Environment
Sustainability
Amount: $177,000
South Miami eRA $55,000
City of South Miami: $25,000
$257,000
03K
Street lmprovements
570.201 (e)
952
People
Source:' CDBG FY: 2011
Total # ofLowlMod in Service Area: 570.208(.)(1) LMA
Census Tract:
Block Group:
8. -ACTIVITY ADDRESS:
9. -LOCATION:
NRSA:
District:
76.63
3
SW 64th Street (Hardee Drive) from SW 57th Avenue (Red Road) to 62nd Avenue
and adJacent streets from SW 66 th Street to SW 64th Street on SW 59th Avenue,
SW 58th Place, SW 58th Avenue, SW 5ih Place, and SW 57th Court
Soutn..M·iami, Florida 33143
Sout-h· Miami
01
1 G, -LABOR STANDARD if applicable -'.:N"'ot"'A"·"'pp"'I"'i<::.:a"'b,,le'-____________________ _
Type of Work:
o BuHding 0 Residential o Highway o Heavy
11. Set aside units different from total units
12. INSURANCE REQUlREMEJ'ITS:
COMMENTS:
» PROJECT MANAGER: Letitia S. Goodson
WOl'ker's Compensation Insural1ce, Commercial General Liabj!jty Insurance,
Auto"mobility Liability Insurance and Protessional Liabi.Jjty lnsurance. S~e
Attachment B-l.(B) for detailed. requirements.
PLANNER:
City of South Miami
PUBLIC WORKS & ENGINEERING DEPARTMENT
4795 SW 75th Avenue
Miami, FL 33155
Tel. (305) 663-6350 Fax (305) 668-7208
Scope of Services
Abbreviated Activity Description:
Street improvements as a result of much needed reconstruction along SW 64 th Street
(Hardee Drive) from SW 57th Avenue (Red Road) to 62 nd Avenue and adjacent streets from
SW 66 th Street to SW 64 th Street on SW 59 th Avenue, SW 58th Place, SW 58th Avenue, SW
5ih Place, and SW 5yth Court.
The project will include sidewalks, and roadway improvements, benefiting low-to
moderate-income residents in the South Miami NRSA area.
Activity Description:
The project will facilitate the reconstruction of SW 64th Street Improvements, which will
allow for the significant infrastructure upgrade from SW 5yth Avenue to SW 62 nd Avenue
and feeder streets. The much needed improvements will allow for the continuance of major
improvements similar to the provisions of the four (4) Phases of Church Street and the two
(2) Phases of SW 66 th Street Improvements. In partnership with OCED, we are seeking
funding support for the following:
• Improvements to and lor reconstruction of the SW 64 th Street providing essential
public benefits for the entire community
• Street improvements to foster safer routes for pedestrians and motorists along all
corridors
• ADA ramps and detectable warning surfaces.
Street improvements enhance the aesthetic quality of, and function of, the 64th Street area
-a main street in t'le South Miami Neighborhood Revitalization Strategy Area where
approximately 2,000 low-to-moderate income persons reside. The improvements to be
provided will service all the residents in the community (an area-wide benefit) and all
motorists traveling along SW 64th Street and adjacent streets. Improvements will include
upgrading of sidewalks, roadway resurfacing and pessible drainage improvements. The
City's Puhlic Works and Engineering Department will administer the project with
construction engineering. Consultant and construction activities will be provided by a
licensed roadway contractor.
Please see the enclosed maps for the 64th Street Improvements Project and the South
Miami Community Redevelopment Agency Area. .
Priority Needs Statement:
The project will facilitate the reconstruction of SW 64 th Street, which will aHow for the
significant infrastructure upgrade from SW 57'h Avenue to SW 62nd Avenue. 64th Street is a
major east-west arterial roadway within the SMCRA and is in dire need of street
improvements. This finding of necessity was in the original needs assessment of the area,
which resulted in the designation of the NRSA. Furthermore, this project is in line with
several SMCRA Goals:
Goal 11: Encourage and facilitate an integrated pedestrian circulation.
Goal 12: Support and participate in provision of an efficient parking system.
Goal 13: Encourage infrastructure that can accommodate present and future.
Goal 15: Encourage development of new housing and rehab existing units.
Goal 21: Work with public safety to create a safe quality environment.
On November 18, 2004, a South Miami Community Redevelopment Area Workshop was
held to discuss redevelopment issues and help develop a unified vision for the area. Some
of the key issues that were mentioned by the CRA Board and community during this
meeting:
• Provide infrastructure improvements
~ Enhance public safety
• Improve traffic flow
Recommended Action Plan:
• "Friendly Green Streets" Bikeway and Pedestrian: which interconnect with areas
outside the eRA and fill in the gaps in the bikeway and sidewalk system within the
CRA.
• Access residential streets to provide more area for bikeways, sidewalks, medians,
and street trees.
South Miami Comprehensive Plans:
• Bikeway and Pedestrian faciiities and Street Resurfacing in South Miami will play an
integral role in the future traffic circulation system.
Funded amount and Authorizing Execution ortM Contract
County Affidavits, $Iate of Florida Public Entity Crimes
of Imerest, Oe'lelope(s Affidavit that M;aml--D&::!e County
1 Paid, Cede of 81.lsiness Ethics, ColluSion Affidavit,
Parties Disclo~llre Statement, Fair Subcontracting PoliCies,
It:<S 990, Cettifieale 01 Good Standing, Tax Exemption
Page1of4
City of South Miami
SW64\h Street Improvemllnts
CDBG2011
";-'-~Xi::\'~.17,t9P,[QP)'
$55,000.00
$25,000.00
-$257,000.00
People
4010)
Consjructlol1 Contraots
Part 60-2 Allirmative A<::tiQn Progr::lm
\~e_rtii-lCa!:on _Regaroing l)ebalmenl,SllspensitQn, Ineligibility and Vaoluntary Exclusion -Lower Tier
I "d,,""""V"" ~~;~~mpIOyment Opportunity IEED) Clause for contr.Jctors Not Subject to e){ecuij~e Order (ECO
I"",'"'' YP.I'''''''' '.E\J for $pl'!<::ial DiablEld Veterans and Veterans of the VIetnam Era
Equal Opportunity for Warners with Olabllille$
Requirement lor effiflna~ve Action to Ensure Equal Employment Opportunity (ECO 11246)
Ie,. u.at Employment Opportuhily (EEO) Claus~ for Con\rac\ors SlIbJect to executlve Order (ECO 11246)
Cerfificafio!l of NOMl!gregatod PacmtMs
Prospective St;bcci'ltretlofS 0/ R(1qliirments for Cerlification 01 Nonseglegate(j Facm~es
Requiremenl-Cleim Water, Clean Air. EO 1173S and EPA Regulations Provision
of Compliancewlth Federal Regula~ons
Reg,mfmg Oebllrment, Supens!on, llnd CtMr ResponslbUify M.'Ilfer.; {Olr<!nt
Page2llf4
City or South Miami
SW 64th Street ImprOYements
COBG 2011
·~0}ll'j(;$Xl't;;'lfo.t(®,
$5$,000.00
$25,CCO.OO
$257.000,00
People
•• j!.'i
c:"';--
P~e30f4
Cily of South Miami
sw 64th Street !mprovemen~
CDBG 2011
~1' :~wm$~'T,f,;@'1'6"Q':
555,000.00
$25,000.00
S257,000.00
People
permi(~
"L~~,"!""
Page4of4
City of South Miami
SW 54th Street Improvements
COBG2011
:W.~}f:\Ji~~1-f@O~1W
$55,000.00
$25,000.00
5257,000.00
People
"WI'
CITY Of SOUTH MIAMI
SW 64th STRfET IMPROVEMENTS
CDBG
PI 2011
Su-mmary B'udget
January 1, 2011 -December 31, 2012
PHCD
CDBG
PRIOR YEAR FY 2011
CATEGORIES FUNDING FUNDING
I. Personnel $ $
II. Contractual Services $ $ 36,000.00
III. Operating Services $ $
IV. Capital Outlay $ $ 141,000.00
TOTAL BUDGET $ $ 177,000.00
SOURCES OF OTHER FUNDING TOTAL AMOUNT
CRA $ 55,000.00
CITY OF SOUTH MIAMI $ 25,000.00
NON-PH CD FUNDING TOTAL
$ 14,500.00 $ 14,500.00
$ $ 36,000.00
$ $
$ 65,500.00 $ 206,500.00
$ 80,000.00 $ 257,000.00
0410 PERSONNEL -Employee
Regu-Iar-Salaries
Public Works Director
Chief Accountant
Gl:dnts Administrator
Sub-Total Salaries
4010 Fringe Benefits
FICA (salaryX7.65%)
Sub-Total Fringe
Total Personnel
Contractual Services
21011 External Audit
21012 Environmental Audit
21030 Other Professional -SVC Const Mgmt
223S0 Bottled Water
25330 Rent Copier
25511 Building Rental
Total Contractual
Operating Expenses
31011 Telephone Regular
31011 Telephone Long Distance
31610 Postage
31420 Advertising Radio
Total Operating Expenses
-
Commodities
31510 Outside Printing
-%020 Computer Purchase
47010 Office Supplies! Outside Vendors
Total Commodities
Capital Outlay
90 Construction
Construction Signage
Infrastru'cture Improvements
Total capital Outlay
!TOTALBUDGET
CITY OF SOUTH MIAMI, I!IIC
CDBG FY 2011
SW 64th STREET IMPROVEMENTS
DETAIL SUDGET
January 1, 2011 thru December 31, 2012
i PHCD
CDBG
-rpp Non-PHCD 2011
$ 6,500.00 $ -
$ 2,500.00 $ -
$ 4,500.00 $ -
$ 13,500.00 $ -
$ 1,000.00 $ -
$ 1,000.00 $ -
i
$ 14,500.00 I $ -
$ -$ -
$ -$ -
$ -$ 36,000.00
$ -$ -
$ -$ -
$ -$ -
$ -$ 36,000.00
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ 65,500.00 $ 140;000.00
$ 1,000.00
$ -$ -
$ 65,500.00 $ 141,000.00
Total PHCD Total All Sources
$ -$ 6,500.00
$ -$ 2,500.00
$ -$ 4,500.00
$ -$ 13,500.00
$ -$ 1,000.00
$ -$ 1,000.00
$ -$ 14,500.00
$ -$ -
$ -$ -
$ 36,000.00 $ 36,000.00
$ -$ -
$ -$ -
$ -$ -
$ 36,000.00 $ 36,000.00
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ 140;000.00 $ 205,500.00
$ 1,000_00 $ 1,000.00
$ -$ -
$ 141,000.00 $ 206,500.00
! $ 80,000.00 I $ 177,000.00 ! $ 177,000.00 1$ 257,000_00 I
ATTACHMENT B-l(B)
INDElV.<NlFICAT10N AND INSURANCE REQUIREMENTS
Government entity shall indernr,rry and hold narmless the County and its officers, employees, agents and
:instrumentalities from any and allliabiliiy, 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, canses of actions or proceedings of any kind or nature arising out of, relating to or resutting
from the performance of this Agreement by the Govermnent entity or its employees, agents, servants,
partners principals or subcontractors. Goveriunent entity shall pay all claims and losses in connection
therewith and shall investigates an.d 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 tbat 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 hanhless and defend the County or its officers,
employees, agents and instrumentalities as herein as herein provided.
ATTACHMENT B-2
Community Development Siock Grant (CDSG) Program
A. Schedule of Units -For Awardees undertaking the development of for-sale ownership
or rental housing, the description of the piOposed units to be completed is as follows (to be
completed by Awardee);
Schedule of Units
I I
Bedroom/1 Bath
For Awardees undertaking rental housing, the Awardee agrees with respect to the
Development for the period beginning on the date of recordation of the Mortgage and
Security Agreement securing theDHCD Loan, that: .
a. The Awardee shall designate and set-aside units for very low, low-income, or
moderate income families in the configuration as described in the Schedule of Units
referenced herein.
b. At the very minimum, the Awardee. shall be required to equip each unit with the
following: refrigerator, oven, carpeting/tile, and central air conditioning.
c.Each unit shall meet the energy efficiency standards promulgated by the HUD
Secretary.
d. The Awardee must verify that all households assisted have annual incomes that do not
exceed 80% of the Area Median Income (AMI). The awardee must report to DHCD the
number of set-aside housing units completed and occupied, including demographic
information on each head of household.
1
8. AWARDEE OBliGATIONS AND DUTIES
1. The Awardee shall begin construction no later than t,velve (12) months after
execution ofthe 2010 RFA Funding Agreement. AU construction shaH be completed
within twenty-four (24) months of execuUon of the Agreement. Construction is
completed when a Certificate of Occupancy (CO) is issued.
2. The Awardee shaH submit toDHCD, in writing, all requests for project construction
start-up and completion extensions, including a revised timetable for completion of
the project. Such written requests must be submitted to DHCD at least sixty (60)
days prior to the expiration date of the contract or amendment. If the extension
request is not timely submitted, the funding award shall be automatically forfeIted by
the Awardee.
3. The Awardee shall obtain prior written approval from DHCD before undertaking any
and all changes to the project, including, but not limited to changes.in the proposed
unit sales prices or rents (as applicable), start-up and completion date extension
request, unit set-aside, floor plans and amounts to be contributed towards closing.
The Awardee shall send DHCD notice of such changes within thirty (30) days of any
such increase.
4. The Awardee shall execute a Regulatory Agreement, No,te, and Mortgage
delineating a set-aside of units that is proportionate to the level of funding received
pursuant to the funding sources.
5. The Awardee shall forward to DHCD within fifteen [15J days of execution of this
contract an Affirmative Marketing Program to attract and identify prospective renters
or homebuyers (as applicable), regardless of sex, of all minority and majority groups,
to the Project, particularly groups that are not likely to be aware of the Project The
Marketing Plan should include efforts· designed to make such persons/groups aware
of the available housing, including, but not limited to the follOWing activities:
Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami
Times, in an effort to afford an ethnic groups the opportunity to obtain affordable
housing. The Awardee shall provide proof of other special marketing efforts
including advertising Multiple Listings Service (MLS) through a licensed real
estate profeSSionaL
6. The Awardee shail provide DHCOwith a complete set of permitted plans, approved
specifications, and permits for each building or unit model, as applicable, upon
approval by the appropriate controlling municipality prior to commencing
construction.
7. The Awardee shall provide to DHCD for approval prior to awarding the construction
contract for the Development, the name of the General Contractor.
8. Prior to the commencement of construction, the Awardee shall provide to DHCD the
General Contractor's Payment & Performance Bond (P&PB). At DHCD's discretion,
based on the Awardee's organizational capacity, track record, and experience, an
irrevocable Stand-by Letter of Credit may be accepted in lieu of the P&PB. In such
event, the Letter of Credit must be issued by a FlorkJa chartered bank or national
2
bank operating in Florida in the amount of ten percent (10%) of the construction
contract arnount, in US funds, withMiaml-Dade County listed as the beneficiary.
9. The Awardee shall schedule a Pre-Construction Conference with DHCD at least
sixty (60) days prior to the commencement of construction.
10. The Awardee shall provide DHCD with a written commitment for construction
. financing from a financiallnsfltljtion(s) at the time of construction loan closing.
11. The Awardee agrees to notify DHCD in writfng within fourteen (14) days of any key
personnel or location changes hI the management company.
12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance in
the name of the Awardee or the licensed design profeSSional employed by the
Awardee in an amount of not less than $250,000, and shall furnish to DHCD the
relevant Certificates of Insurance evidencing the prescribed insurance coverage in
accordance with ATTACHMENT B-1 of this contract.
C. DHCD OBLIGATIONS AND DUTIES
1. DHCD shall manage its own disbursements and act as the disbursement agent for
all construction loan funding draws.
2. DHCD will monitor the project for adherence to plans, unit layout and deadlines for
project completion in accordance with the Contract and the Scope of Services.
3. DHCD shall forward to the County's Risk Management all reqllired and applicable
CertifICate{ s) of Insurance.
4. DHCD shall disburse the awarded funding only after the Awardee closes on the
construction loan, all required loan documents have been recorded, and the
Awardee has timely submitted funding draw requests and relevant invoices in the
prescribed manner and as satisfactory to DHCD.
5. DHCD shalf notify the Awardee of any address/location changes to DHCD's contact
information within forty-five (45) days of its occurrence.
D. NATIONAL OBJECTIVE
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall
be required to achieve the national objective of Benefit to Low and Moderate Income
Persons or Households (LMI). For activities designed to meet the LMi national
objective, the Awardee shall ensure and maintain documentation, acceptable to DHCD in
its sole discretion that conclusively demonstrates that each activity assisted in whole or in
part with CDBG funds is an activity that provides benefit to persons where no less than
51 % of those benefitted are low-and moderate-income persons with household inccmes
at or below 80% of Area Median Income (AMI), as further defined in iRe chart below:
Miami·Dade County: HUD2009··· 50'10 and &0% of AM! Income lhreshoids by Household Size
(NOTE:· Income Limits subject to chalige annual/If)
36,4JlO 39,100 41,800
58,250
Source: http://www.huduser.org/pub/ications!commdev//nsp.html
44,500
71,200
The Awardee may achieve the LMI national objective by undertaking activities that
fall under one of four (4) primary LMI cagegories:
1. To benefit Low Mod Area (LMA)
For activities designed to meet the LMI national objective category of Low Moderate
Area Benefit (LMA), the Awardee shall ensure and maintain documentation,
acceptable to DHCD in its sole discretion that conclusively demonstrates that each
activity assisted in whole or in part with CDBG funds is an activity that provides
benefit to residents in a particular area, where aneast 51 % of the residents are LMI
persons.
The service area of the activity must be primarily residential and the activity must
meet the identified needs of LMI persons. A service area is considered to meet the
test of being LMI if at least 51%of the persons residing in the service area are low-
to· moderatecincome, as determined by:
a. the most recently available decennial Census information, together with the
Section 8 income limits that wOl!ld have applied at the time the income
information was collected by the Census Bureau; or
b. a current survey of residents of the service area.
If the proposed activity's service area is generally the same as a census tract or
block group, then the Census data may be used to justify the income characteristics
of the area served.
2. To benefit LOW Mod Limited Clientele (LMC)
For activities designed to meet the LMI national objective category of Low Moderate
Limited Clientele (LMC), the Awardee shall ensure .and maintain documentation,
acceptable to DHCD in its sole discretion that conclusively demonstrates that each
activity assisted in whole or in part with CDBG funds is an activity in which no less
than 51 % of the beneficiaries of the activity are LMI. persons. Activities in ihis
category provide benefits to a specific group of persons rather tnan everyone in an
area. It may benefit particular persons without regard to their residence, or it may.be
4
an activity that provides a benefit to only particular persons within a specific area.
With respect to determining the beneficiaries of activities as LMI and qualifying
under the limited clientele category, activities must meet one of the following tests:
a. Benefit a clientele that is generally presumed to be principally LMI. This
presumption covers abused childn;m, battered spouses,elderly persons, severely
disabJed adults, homeless persons, illiterate adults, persons living with AIDS and
migrant.farm workers; or
b. Require documentation on family size and income in order to show that at least
51 % ofthe·clientele are LMI; or
c. Have income eligibility requirements limiting the activity io LMI persons only; or
d. Be of such a nature and in such a localion that it can be concluded that clients
are primarfly LMI.
3. Low Mod Job Creation or Retention Activities (LMJ)
The job creation and retention Low Moderate Job (LMJ) benefit national objective
categorj addresses activities deSigned to create or retain permanent jobs, at least
51 % of which, computed on a full-time equivalent basis, will be made available to, or
held by, LMI persons. For Awardees undertaking activities to create jobs, there
must be documentation indicating that at least 51% of the jobs will be held by, or
made available to LMI persons. For Awardees undertakirig activities t'lat retain jobs,
there must be sufficient information documenting that the jobs would have been lost
without the CDBG assistance and that one or both of the following applies to at least
51 %of the jobs:
a. The job is held by a LMI person; or
b. The job can reasonably be expected to turn over within the following two years
and steps will be taken to ensure that the job will be filled by, or made available
to, a LMI person. For the purpose of determining if the preceding requirements
are met, a person may be presumed to be LMI if: .
I. He/she resides in a Census tract/block numbering area that has a 20%
poverty rate (30% poverty rate if the area. includes the .central business
district); and the area evidences pervasive poverty and general distress; or
If. He/she lives in an area that is part of a Federally-designated Empowerment
Zone (EZ) or Enterprise Community (EG); or .
III. He/she resides in a Census Tract/block numbering area where at least 70%
of the residents are LMI. .
4. Low Mod Housing Activities (LMH)
The housing category of LMH benefit national objective qualifies activities that are
undertaken for the purpose of providing or improving permanent residential
structures which, upon completion, will be occupied by LMI households. In order to
meet the housing LMI national objective, str\Jciures with one unit must be occupied
by a LMI household. If the structure contains two Units, at least one unit must be
LMloccupied .. Structures with three or more units must have at least 51% occupied
by LMI households.
5
a. Rental buildings under common ownership and management that are located on
the same or contiguous properties may be considered as a single structure.
b. For rental housing, occupancy by LMI households must be at affordable rents as
estabHshed annually by the U.S. Department of Housing and Urban
Development (HUD) and consistent with standards adopted and publicized by
DHCD.
The Awardee shall comply with allapp~cabie provisions of 24 CFR Part .570 and shall
carry out each activity in compliance with all applicable fed8!=aLlaws and regulations
described therein. If the Awardee is a primarily religious entity, it shall comply with all
provisions of 24 CFR 570.200 (j).
For Housing, Rehabilitation, and Construction a'ctivi!ies, all conditions in this section will
apply throughout .the regulatory period identified in the national objective .. Throughout
that period, the Awardee will be required to submit an annual report regarding its
compliance with the national objective, and DHCD will have the right to monitor the
activity.
The Awardee shall comply with all applicable uniform administrative requiiements as
described in 24 CFR 570.502.
UUAKI !:t<l Y EXPENDITURE AND
PROGRESS REPORT. FY 2011
o 2""Quarter [Apr-Jun] o 3,d Quarter [Jul-SeptJ n 4· Quarter [Oct-Dec] I Annual Report
Recipient Name (Organization):
Contact Person (Name & TWe): Telephone Number: _________ _
Activity Name (ProjectTitie):
Activity Address:
Activity Description:
Activity JD # : Index Code: Funding Source: Funded Amount: ..,$'-____ _
Activity Category: 0 Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Housing 0 Public Service
Objective: 0 Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportUliities
Outcome: 0 Availability/AccessibUityO Affordability 0 Sustainability
,! [t[~~... f!&' .m ~m
A B c o E F G H -
TOTAL ACTUAL REIMBURSED CUMULATIVE PROJECTED PROJECTED
CATEGORY APPROVED EXPENDED EXPENDITURES CUMULATNE· PERCENTAGE EXPENDITURES CUMULATNE
BUDGET CUMULATIVE EXPENDITURE fThls Qual1erl fThrtJUg~ end of this quarter) {Through end of this quarter] lB. OJ (Ne):! au~rtetl
{By end of Contract Period)
Personnel $ $ $ $ %. $ $
--
Conlraclual $ $ $ $ % $ $
-
Operating Costs $ $ $ $ % $ $
-, --
Commodities $ $ $ $ % $ $
.•
Capital Outlay $ $ $ $ % $ $
.-'
TOTAL $ $ $ $ % $ $
--_.
Program Income .. The disposition of Program Income not specifically !~ed in the approved Program Income budget requires prior Written approval from OHCD.
1. Does this activity generate Program Income? 0 Yes 0 No 2. If yes, indicate the'amount generated this quarter, =$'-_____ _
3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? 0 Yes 0 No 0 N/A
If yes, @ ~ttacV copy of approval leiter and related documents. If flO, a written request f9r approval to use the Program Income must be submitted to DHCD -<lr-a check payable to Miami·
Dade County for the:genernted Program Income mustbe submitted quarterly in accordance with the terms of the contract .. C~eck Attached? 0 Yes ·0-No 0 NfA
3. Is this activity still in compliance with the anginal project schedule?
Department orHousing. antl-Economic De.ciopment Page 1 of2 Quarterty Expenditure & Progress Report P-R 60U3/11]
IdUAK 1l:R:L Y I:XPENDlTURE AND
PROGRESS REPORT. FY 2011
Accomplishment Type: 0 People [OIJ 0 Households [04J 0 Businesses [08J 0 Organizations ~9) 0 Housing Units (toJ o Public Facilities 111J 0 Jobs (13)
National Objective: 0 Area Wide Benefit le.g. LMA, LMAFI, LMASA, SBAI -or-0 Direct Benefit le.g. LMC, LMH, LMJ]
Actual This Quarter*
Aclual Cumulative
PERFORMANCE CERTIFICATION: o This certifies that No Accomplishments occurred during Ihis Quarter. Initials
:NOTE: Submittal of Supplernenta!-FoID1-Perfonnance-& Benefrt Data is not required at this lime based on the cartification that no accomplishmenfs occurred during \his quarter.
CERTIFICATION
. This is to certify that the data and other information provided in this Report-is correct. based on official accounting system and records, and that expendilures am! obligations-shown have
been. made forilie purpose of and in accordance with applicabJe Terms and Conditions of the Contr:actand Funding Requirements.
ReporiPrepared by: Tille: _________ _ Dat8: ____ _
Prin(Name
Signature of· Cemtying Official: Title: Date:
Activity lOIS Number: _________ ~
Report 0. is J 0 is not complete • Report 0 is lOiS nol accurate + Initial r.eview for completeness and accuracy completed by:
Date: ______ Name: ---=====c--~ Date: ____ _
Team leader I Stipe/visor
Departrrrent of Housing and Economic Development Pagelo! 2 Quarterly Expendilure& Progress Repert llR 6,o:l'11J
I"'erlonnance & Benefit Data: Capttaiimprovement & Public Facilities
Supplement to Quarterly Expenditure and Progress Report Ii FY 2011
Recipient Name: ------------------------------------Activity Name: _______________________ __
Activity ID # : Activity Category: _________ _
HUn Activity Matrix Code'
HUD Matrix Code Description:
Accomplishment Type: _~ ______ _
o Acquisition 1 Disposition
o Clearance / Demolition
o Street Improvements
o Public Facility / Type: ________ _
o Building /Type: __________ __
o Structures + 0 Parcels
o Strucfures • D. Parcels
Persons Served + Low & Moderate Income
Persons Served + Low & Moderate Income
Facilities + Persons Served + Low/Mod Income
o Other Capital Improvement /Type: U"'io,,,,,,,,,"1 Persons Served + Low & Moderate Income
:: '
Ei:?i'>:':i~!!::JleillirtiifJi:R~tlim,';k:;(fNf.»,::':;'
l"Quarter Jan-MariO
2" Quarter Apr-Jun1 0
3" Quarter Jul,Septl 0
4ili Quarter IOct-Dec11 Annual Report 0
______ # of Structures
_______ #of Parcels
# of Faclnties --------
_______ # of Persons Served
_______ # of Low/Mod Income
Appli"'tlm~, National! Obi~i"es indude LMA, LMC, LMH, SSA, SSR, SSS or URG
1. Total benefiting for program year. ________ _ 2. Counts by Households (H) -or-Persons (P): ______ _
3. Of thuse 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 benefit that is no longer substandard
Tota!
d) Now have new access to this type of public facility or Infrastructure improvement
e) Now have improved access to this type of public faciity or infrastructure improvement
f) That are served by a public facility or infrastructure that Is no longer substandard
Total
g) Homeless persons given overnight shelter
h) Number of beds created In ovemight shelter or other emergency housing
RACE f ETHNIC CATEGORY
Instructions: Indicate the total number of households,or persons served in each RaCial Category for this reporting period and !he cumulative total. From the'total
numberdepil::ted in each Racial Category indicate Ule numbers that are of Hispanic Ethnicity for ihis reporting period,and the cumuJativetotaJ ,
_~ilig!!ifi!;,~e_®:RriBE.I1l([Oy"011\~j!(1;'"ill\\'i ~;~~i',em~eA:n.~t~r~USy,J;~1f~;%i
RACIAL CATEGORIES Racial Categories Ethnic Category Racial Cate-gories Ethnic CategolY
Total Number Number Hispanic T olal Number Number Hispanic
While 111J
Black I African American (12)
Asian 113) .
American Indian I Alaskan Native [14J
Nalive'Hawaiiani Other Pacific Islander [15)
American Indian I Alaskan Nalive & White 116)
Asian & White [171
Black / Airican American & While 08]
American Indian or Alaskan Native & Black f African (19)
Olher MulliRacial120)
Tolals
Performance & Benefit-Data: Capital: Improvement & Pllbtlc Faciflties UR613I11] Page 1 of2 Supplement to-Quarterly Expenditure '& Progress Report
Performance & Benefit Data: Capital tmprovement& Public Facilities
Supplement to Quartedy Expenditure and Progress Report" FY 2011
DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFCRMATIOfl
Income Categories . REPORT PERIODTOTALS I.CUMUtATIVE TOTALS ether Calegories REPORT PERIODTOTALS. CUMUt:ATIVEIOTALS
Total Number I Tolal Number TolBl Number Total Number
Extremely Lnw (30% or less) I Tolal # Benefiling
Low (31 % -50%) from Ihe Activity
Moderate (51%-80%) # offemale
Non Low/Mod (81% or grealer) Headed
Tolals Households .........
Census ( C) or SUNey (S) Dala Used: _____ _ If (S), enter # of Low/Mod & Total Population:
Total # of Low/Mod in Service Area: Total Low/Mod Universe Population in Service Area:
Percenl of Low/Mod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
$ 1. COBG Funds $ 5. Olher Federal Fonds
$ 2. HOME Funds $ 6. State / Local Funds
$ 3. ESG Funds $ 7. Private Funds
$ 4. Section 108 Loan Guarantee $ 8. Other:
Name ofFunlling Source
$ Total Funds
Report Prepared by: ______ ---.=;;;;-_____ _
PrlntNiiI11&
Title: __________ 08te: ______ _
Signature of Certifying Official: ____________ Title: ~ _________ Date: _~ __ _
Perloffilance & Benefit Data: Capita! Improvement & Public Facilities [I..R 6131111 Page2of2 Supplement to QuartertrExpendUute.&Progress Report
GENERAL CDBG INTAKE ELIGIBiLITY FORM
LMI LIMiTED ClIENTELE (LMC)/ JOBS (LMJ)/ HOUSiNG (LMH)
NAME: PHONE:
ADDRESS:
Head of Household: o Male! 0 Female
Race / Ethnicity: Do youconsideiyourselfto be Hispanic? 0 Yes I 0 No
Please check the race category which appfiesto you: o White 0 Asian & White
DATE: ____ _
ZIP: _____ _
o Black or African Amencan 0 Black or African American & White o Asian 0 American Indian or Alaskan Native & White o Native Hawaiian or Pacific Islander 0 American Indian or Alaskan Native o American Indian or Alaskan Native & 0 Other
Siack or African American
List Yourself and all Other Persons Occul?yinQ Home Relationship
1. Yourself
2.
3. .
4.
5
6.
7.
8.
Sex ACle
The as"ist,,,ce you I I i part . your your incom.e. assets I
Employed (Yes/No)
eligibility will be granted. Income includes all money coming into the household from all persons over 18 years old. Wages, tips, commissions;
Self-employmenfiricome; Retirement, Survivor, or Disabiiity pensions; Social Security or Railroad retirement; Supplemental Security Income, Aid to
Families with Dependent Children (AFDC), Temporary Assistance to Needy Families (TANFl, Food Stamps, or other public assistance, or public welfare
prollra"lS;, Inlerest, divldends, net rental income, or income from estates or trusts; other sources of income received regularly, including
, I i
I, th~ undersigned appficant, do hereby authorize . _. to verify my p~rsonal records, including .wages, pensio!,!s,. and
investments.· It is undersioodthat this aulhoritalion isgranted for the sole purpose ofceI!ityingmy eligibilUy fotlederal financial assistance;~nd thata!1.
infolination ,acquired in lh\S"regard wilt remain confidenllaL ' . , '
BY MY SIGNATURE, i ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I AM AWARE THAT IF JoMAKE my WILLFUL FALSEST.~ TEMENT IN TI-'JSCERTIRCATION OR ANY OTHER DOCUMENTATION
THAT! PROVIDE FOR PROGRAM ELIGIBILITY. I MAY BE PUNISHED WITH FINES OR rwlPR1SONMENT OF UPIO 5 YEARS, OR BOTH, UNDER
SECTION 1001 OFJITLE 18, UNITED STATES CODE, AND I ALSO MAY BE SUBJECT TO CIVIL AND/OR ADMINISTAA1WEYENAlTIES AND
SANCTIONS.
Signature of Applicant Date
CDBG INCOME EUGIBlUTY 24 CFR 5.70.208
Activity classified under family size and income 24 CFR 570.208(a}(2)(i)(B) 24 CFR 570.506(b}(3](iii}
Activity is classified based on income eligibifity 24 CFR 570.208(a)(2}(i)(C) 24 CFR 570.506(b)(3)(m)
requirements that restrict it exclusively to low· and I moderate·Income persons
DEFIN!TlONS I 24 CFR 570~3 -------!
fuJml!y, means all persons· living in the same household who are related by birth, marriage or adoption. j
(W.O. or more families liviligtogelher, or any other group' of related or uhrelated persons who sh~re living Brrahgements. .
'Household meBns all the' persons who 9ccuPY a housing unit. The occupants. may be a single .family, one person living alone, .. '1
1
'"
. Inibme. Forthep~rpose of ctetel11)ihing Wh~thei afamllyO! nouseholdislow' a.nd moderate.income.undersubpart CoflJii s
part, grantees may select any of the three definitions listed below for each activity,e~6eptthatihtegrally related ,!clivines of the
same type andqualiryingunderthesam~pa(agrpph of 570.208(a) shallusethesame. d.efi.nitibn of incof\le. The option.tOchoose
a.definition .does not apply t6actfvitiesihatq~aliryulider 570.208(a)(1) (Aiea benefit:actlVrtres) ; except when the i"eciplerit6erries
out a'$urveyunder .570:208(:i)(1)(vi). AClivities qualifying under 570.208(a)(.1) generally rriustusethe area income data supplied
10. recipients by HUD. Thethiee defihitionsare as follows: . .' .'
(i) Nmual. h;come as definedunderthe$eGtion 8l-jou$fng As~istance Payfl}entsprogram a124 CFR813:106(e~cept thaW
Ihe CDBG assistance being proviqed is homeowner rehabilItation uilder 57D.z02;, the value of!he homeowner's primary
.. }esi~eni;e fl}aybe exclude9fromany.,altul?tion bfNetfafl}ilyAs~ets);or . .:,....... '., . . . ' .
. ' .Estimate theall"nual income ofe finnily or hOliseh.old by projecting the prevailing tate'dfihcome of each person at the time
!. assijitanceis. prpvideMortheindividual,family, orhOiJsehbi¢ ($sappticable): .' .
I EstiinatedimriYal.incomeshall inclugeJn~()lTle from all family or hqusehoidmembers, as applicable. income or asset I enh~Qcement deriVedfrQm·th~CDBG,i>ssistedactivjjy sh~llnotbe .considered in calOUlating·estimated. aninial in29me. i LOW'.ilOd mod~rate,intomeh;us"holilmeailSa household having an income equal toorJess thilO the Section 810w·ihcome
. Iimjtestalilished by HUD. . . . I Low· and moderate.income·person means a member ofafamily having.an in"jrri~.equalto or.tess than the Section 8 low·
I i~c6~~ JimitestablishedbyHUD. Unrelated indivi~ualsv.:iUjje considered as one;per"sonf~miliesfor this purpose.. .. '
, LOWdncomehouseholc\ means a household haVing an Income equal to,or less thaniheSectlon 8 very fow'lncome Irmlt
est~blished by HlJD. . .' .
Low'intome person means a .member of·a familythathas.anincorne equal to or: lewthanthe Section 8 very Jow·income limit !
I establiShed by HUD. Unrela.ted indivicjuals shall be~o~sidered as one·person families for thispUrpbse, ---..J
INSTRUCTIONS FOR IMPLEMENTING AGENCY
'1' You must first seek third7p"'a:::r7ty=ve=-rC,if"'icC=aC;;ti"'on"-."""'T"'h-Cj-s7is-a-v-e""'ri"'fic-a""'t::-io-n-t::-hat is received directly from the source of
income. The request can be by mail, fax, or email. It must be clearly evidenced that it was received from
iJI1e source: . . .. ______ _
Back Page
(DUG Income, Eligibility Form
I
ATTACHMENT D
MIAMI-DADE
DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT (DHCD)
1NFORMAT!ON FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to
foster the implementation of environmentally compatible activities. As a grant or loan recipient,
Miami·Dade County will not fund projects that will negatively impact clients, communities, or
the environment.
Part L AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
o CDBG o HOMELESS (SRO/SHP)
2. Indicate Fiscal Year: FY 20_
3. Name of SubrecipientiAgency;
4. Name of Proposed Activity:
o HOME
DEDI
5. Location (Address with City, 5T and Zip) of Activity or Proiect:
6. Site Folio Number(s):
7. Commission DistMet(s):
8. Diree! Contact I ormation 0 loan/Qran1 reCIpient 'm f!
Name:
Address:
Cit1: I State: IZio:
o HOPE VI NSP 0 o BED I EZ 0
!
. PhOlTe: I Fax: .
Form Revised 11/09
9. Detailed description of activity or project:
10. What is the purpose of the activity or project? For example, Public SerJice, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
11. What is the status of activity or project? For example, Pre-Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed, etc.
Part II. PROJECT OUTCOME
Will the activity or project result in the following?
YES NO
1. Change in use
2. Sub-surface alteration (i.e. excavations)
3. New construction
4. Renovation or demolition
5. Site improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, dlives, etc.)
o. Building improvements (windows, doors, etc.)
7. Displacement of persons, households or business
8. Increase in population working or living on site
9. Land acquisition
10. Activity in 100"y.earffoodplain
11. A new nonresiaentiai use generating atleast 1 ,375,000 gallons of
water or 687,500galloos of sewage per day.
12. Use requiring operating permit (I.e. for hazardous waste,
pretreatment of sewage, etc.)
13. A similar! landliil or hazardous waste disposal site
14. Tree removal or relocation
15. Streetimprovemenls
16. The impoundir.lgof more than 10 acre feet of water (e.g. digging, a
lake or divertin~or deepening of a bo.dy of water).
2
Part IlL SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed!aAd use:
• Existing?
• Proposed?
2. Site Plan:
Does the proposed activity include a new structure(s) or site improvements on a site of one (1)
acre or more? D . YES D NO
If yes. a site plan must be provided. Project(s) wi!! not be environmentally reviewed without a
site plan.
3. Photographs:
Does the activity include new construction, renovation onehabili!ation?
DYES D NO
If yes, photographs must be provided of each side (front, rear and sides) of the stmcture(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure 6n the site, the following
inforrnalion:
• Existing structure(s) on site? D YES D NO
• Estimated age of structure(s}?
4. Value of Improvements:
Does the proposed activityinclude rehabilitation or renovalion of structufe(s)?
DYES D NO
3
If yes, what is (he estimated cost of rehabilitation or renovation? _______ _
What is the amount soughtfor funding?
In addition, indicate if the estimated valueo! the improvement represents:
D 0 to 39.9 pereent of the market value of the structure(s)
D 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market value olihe structure(s)
D 75 percent or more of the market value of the structure(s)
5. Phase I Environmental Audils:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
DYES D NO
If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hazardous facilities, solid wastellandfill facilities and
underground storage tanks (available through the Department of Environmental Regulations
and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S.
Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the. soil.
Has a Phase I been performed? DYES D NO
6. Environmental Health Information:
• If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
D YESD NO
If yes, please submit the results.
• Have any child under the age of seven at the site been tested for elevated levels of lead in the
body?
DYES D NO
If yes, please submit the results.
4
7. other Site Information:
YES NO
1. Flood insurancereouired?
2. Public water available on site?
3. Public sewer avaitable on site?
4. Children under 7 years of age residing on
site or relocating to site (including day care facility)?
5. Hazardous waste disposal facility?
6, Storage of hazardous materials on site?
7. Abandoned structure(s)on site? ,
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit streeVplat maps that depict location of property in the County and/or City
. with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget
describing the major components of the rehabilitation program planned, and a photograph of the
property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance priorto the commencement of projects. I clearly
understand that any omitted and/or incorrect information will delay the initiation of the
environmental review process by the DHCD staff. As such, I am aware that omitted information
could delay the commencement of my organization's project. i understand all approved
l1nvironmental reviews are valid for one (1) year maximum.
Print Name . Signature
Name of Organization or Corporation
Unless otherwise indicated, retumcompieted form and attachments to:
Cormnunity and Economic DeVelOpment Division Director
Department of HousingandCommurJty Development
701 NW 1" Court··141ft Floor
Miami, Florida ~3136
5
Title
Date
TYPES OF ACTIVIT!ES AND ENViRONI\IlENTALGUIDEUNES TRfGGERED:
TvpeolActivitv EXEMPT" CENST**
Economic Development
New Construction
Rehab
Non-Construction/Expansion X
Housing
Single Family Rehab
Multi-Family Rehab
New Construction
Homeownership Assistance X
Affordable Housina Pre-DeY. X
'Capital Improvement
Handicapped Access
Public Facilities
Infrastructure
Public Services
Employment X
Crime Prevention X
Child Care X
Youth or Senior Services X
Supportive Services X
Type of Publication No Public No Public
Netice/Ne Notice/Ne
RROF RROF
30-45 Days 30-45 Days
X' Iflor centinued use and change in density (or size) of less than 20%
X' Change in density (or size) of more Lian 20%
* Exempt Activities
I
**
***
****
Exempt
CENST
CEST
EA
Categorically Excluded and NetSubject te 58.5
Categerically Excluded Subject te 58.5
Environmental Assessment (Fermat II)
6
CEST*"*
X'
X
X'
X
X'
X'
No Public Notice/No
RROF (No Statutory
. Requirement Triggered)
Or
Publish NOIIRROF
(Statutory Requirement
Triggered)
45-90 Days
EA ....
X
X'
X'
X
X'
X'
Publish
FONSI and
NOIIRROF
90 Days
Minimum
ATTACHMENT E
AFFIDAVITS
Miami-Dade County Affidavits
The contracting individual or entity (government or otherwise) shall indicate by an "X" all affidavits that
pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract.
All blank spaces must be filled.
Read carefully each affidavit to determine wheiher or not it pertains to this contract.
I, ___ -="';:--;-________ ' being first duly sworn slate;
Affiant
The full legal name and business address of the person(s) or entity contracting or transacting
business with Miami-Dade County are (Post Office addresses are not acceptable):
Federal Employer Identification Number (If none, Social Sflcurity)
Name of Entity, Individual(s}, Partners, or Corporation
Doing Business As (If same as above, leave blank)
Street Address City state Zip Code
1.-MIAMI.DADE COUNTY OWNERSHiP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code)
1.-If the contract or business transaction is with a corporation, 'the full legal name and business
address shall be provided for each officer and director and each stockholder who holds directly or
indirectly five percent (5%) or more of the corporation's stock. If the contract or bUSiness transaction
is with a partnership, the foregoing information shall be provided for each partner. If the contract or
business transaction is with a trust, the full legal name and address shall be provided for each trustee
and each beneficiary. The foregoing requiremenis shall not pertain to contracts with publicly-traded
corporations or to contracts with the United States or any department or names and addresses are
(Post Offices addresses are not acceptable):
Full Legai Name Address Ownership
------------------------------------------------------------------------%
------------~----------------------------------------------------------%
----------------~----------------------~------------------------------%
1
Microsoft-Word/Affidavits 2006lRevisedfmdm-O-1~4w2006
2.-The full legal names and business address of any other individual (other than subcontractors,
material men, sllpp!ies, laborers, or tenders) 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 willfuUy fails to disclose the information required herein, or who knowingly
discloses farse information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisorrment in the County jail for up to sixty (60) days or both.
11.-MIAMI-DADE COUNTY EMPLOYMENT .DlSCLOSURE AFFIDAVIT (CounlyOrdinance No. 90-133)
Amending Sec. 2.8-1; Subsection (d) (2) of the. County Code.
Except where precluded by Federal or Stale laws or regulations, each contract or business
transaction or renewal ttJereof, which involves the expenditure of ten thousand dollar ($10,000) or
more, shall require the entity contracting or transacting business to disclose the following information.
The foregoing disclosure requirements do not apply to contracts with the United· States or any
department or ag·ency thereof, the State, any political subdivision, agency, or any municipality of the
State. .
1. Does your firm have a collective bargaining agreement with its employees?
_____ yes No
·2. Does your firm provide paid health care benefits for its employees?
_____ yes No
3. Provide a current breakdown (number of persons) of your firm's work force and ownership as
to race, national origin and gender.
White: Males Females
Black: Males Females
Asian: Males Females
American Indian-: ---'Males ---Females
Hispanics: __ Males ----, __ :Females
__ Males Females
Aluet (Eskimo): Males Females
______ ' ___ Males Females
111.-AFFIRMATIVE ACTION/NON-DISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinances SB-30 codified at 2-8.1.5 of the County Code)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract wifn the County shall, as condition receiving a County contract, have
1) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it
does not discriminate in its employment and promotion practices; and 2) a written procurement policy
which sets forth the procedures the entity utilizes to .assure that it does not discriminate against
minority and womencowned businesses in its own procurement of goods, supplies and services.
Such affirmatives action pians and procurement policies shall provide for periodic review to determine
their effectiveness in assuring the entity does not discriminate. in its employment, promotion and
procurement practices. The foregoing notwithstanding, corporate entities whose. boards of directors
are representatives of the population make-up of the nation shall be presumed to have non-
discriminatory employment and procurement poliCies and shan not be required 10 have written
affinmative action plans and procurement policies in orderto receive a County contract. The foregoing
presumption may be rebutted.
2
Microsoft Word/Affidavits 2006/Revisedlmdm-01-04-2006
The requirements of County Ordinance No. 98e30 may be waived upon the written recommendation of
the County Manager thaUt is in the best Interest of ihe County to do so and upon approval of the
Board of County Commissioners by majority vote ofthe members present.
__ The firm does not have annual gross revenues in excess 0[$5,000,000
__ The firm does have annual ;avenues in excess of $5,000,000; however, its Board of Drrectors
is representative of the population make-up of the nation and has submitted a written, detailed
listing of its Board of Directors,including the race of ethnicity of each board. member, to the
County's Department of Business Development, 175 NW 1st Avenue, 28th Floor,Miami, Florida
33128.
__ ._. The finn has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
review to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development, 175 NW 1st Avenue, 28 th Floor, Miami, Florida 33128 .
•
__ The firm does not have an affirmative action plan and/or a procurement policy as described
. above, but has been granted a waiver.
___ IV.-MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT(Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from. the County: __ . has
--,-__ has not of the date of this affidavit been convicted of afelony during the past ten (10) years.
___ V.-MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT(County Ordinance
No. 92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above
named person or entity is providing a drug-free workplace. A written statement to each employee
shall, inform the employee about
1. Danger of drug abuse in the workplace.
2. The firm's policy of maintaining a drug-free environment at all workplaces
3. Availability of drug counseling, .rehabilitation and employee assistance programs
4. Penalties that.may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No, 92-15 maybe waived if the special characteristics of the product or
servioe offered by the person or entity make It necessary for theoperalion of the County or for the
health, safety, welfare, economic benefits and weU-being of the public. Contracts involving funding
which is· provided in whole or in part by the United States of the State of F!ori<:ia shall be exempted
from the provisions of this ordinance. in those instances where those proviSions are in conflict with the
requirements of those government entities.
3
Microsoft Word/Affidavits 2006IRevised/mdm·01-04-2006
___ \11.-MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142_91
codified as Section 11A-29 ET. Seq. oi the County Code)
That in compliance with ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an
employer wilh fifty (50) or more employees working in Dade County for each working day during each
of twenty (20) or more calendar workweeks, shall provide the following information in compliance with
all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90)
days of family leave during any I'Nenty-four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close' relative who has serious health
condition, without risk of termination or employer retaliation.
The foregoing reqUirements shall not pertain to contracts with the United States or any department or
agency thereof, or the Stale of Florida or any political subdivision or agency thereof. ' It shall, how13ver,
pertain to municipalities of this State.
___ VII.-DISABILITY NON-DISCRIMINATION AFFiDAVIT (County Resolution R-385-95)
That the above names, firm, corporation or organization is in compliance with and agrees to continue
to comply with and assure tha/any subcontractor, or third party contractor under this project complies
with all applicable reqUirements of the laws listed below including, but not I,imited to, those provisions
pertaining to employment provisions of programs and services, transportation, communications,
access to facilities, renovations, and new construction in the following laws: The Americans with
Disabilities Act. of 1990 (ADA), Pub. L 101-336, 104 S'tat 327.42 U.S.C. 12101-12213 and 47 U.S.C.
Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing
requirements shall not pertain to contracts with the United States or any department or agency
thereof, the State or any political subdivision or agency thereof or any municipality of this State.
__ VIII.-CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in al/ its obligations to the
County and is not otherwise in default of any contract, promissory note or other loan documents with
the County or any of its agencies or instrumentalities.
4
Micl'Osoft Word/Affidavits 2006/Revised/mdrn~01 ~Q4,,2006
___ X.-DOMESTIC VIOLEilrCE LEAVE (Resolution 185-00; 99-5 Codified at 11A-60 ET. Seq. of the
Miami-Dade County Code)
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance,
Ordinance 99-5; codified at 11A-60 ET. Seq. of the Miami-Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current Of proceeding calendar years, to provide Domestic Violence Leave to its ,employees.
I have carefully read this entire five (5) pages document entitle Miami-Dade County Affidavits and
have indicated by an "X" aU affidavits that pertain to his contract and have indicated by an "N/A" all
affidavits that do not pertain to this contract.
By: ____ ~~~~~~~----______ -
(Signature of Affiant) (Date)
SUBSCRiBED AND SWORN TO (or affirmed) before me this" _____ day of ______ _
20 __ by ________________ . He/She is personally known to me or has
presented, ___ -::::--~=====----------as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Printof Stamp of No!aw) (Expiration Date)
Notary Public-State of __ ..,.,-____ _
(State)
5
Microsoft Word/Affidavits 2005lRevisedilXidm-Q1-04-2006
SWORN STATEMENT PURSUANT TO SECTION 281.133(3) (a)
FLORIDA STATUTES ONPUBUC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN 1'0 IN THE PRESENCE OF A N01'ARY PUBLIC OR
01'HER OFFICIAL AUTHORiZED TO ADMINISTER OATHS.
1.-1'his fOIT11 statement is submitted to _____ ~ _______________ _
by ___________ ~~~~~--~~~-----------------------(Print individual's name and title)
for_--------;:~:__--;--:::-.......,---:c:;----_:_:__-__::_---------.....:....
(Print name of entity submitting sworn statement)
whose business address is ________________________ _
and if applicable its Federal Employer Identification Number (FEIN) is _____ . If the entity
has no FEIN, include the Social Security Number of the individual signing this.sworn statement.
2.-I understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes,
meanS a violation of any state or federal law by a person with respect to, and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to any bid or contract for goods or services to
be provided to public entity or agency or political subdivision of any other state or of the. United States
and involving antitrust, fraud, theft, bribery, collUSion, racketeering, conspiracy, or material
misintE)rpretation.
3.-I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida
Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in a federal or state trial court of record relating to charges brought by indictment
or information after July 1, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty
or nolo contendere.
4.-1 understand that an "Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means:
1. A predecessor or successor of a person convicted of a public entity crime or
2. An entity under the control of any natural person who is active in the management oUhe entity
and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. 1'l:1e ownership by one person of shares
constituting a controlling interest in another person, or a pOOrl'1g of equipment or income
among persons when not for fair market value under an ann's length .agreement,shall be a
prima facie ·case that one person controls another person. A person who knowingl}' enters into
a joL'lt venture with a person who has. been convicted of a public entity crime in Florida during
the preceding 36 moths shaU·beconsidered an affiliate.
6
Microsoft Word7Affidavit.s 2QO.6iRevised/mdm~O,1 ~04;2006
5.-i underslandthai a "perso.n" as defined in paragraph 287.133 (1){e), Flo.rida Statutes, means any
natural person o.r entiiy o.rganized under lhelaws o.f any state o.r cif the United States within the legal
power to. enter into a bindin.gco.ntract and which bids o.r applies to bid o.n contracts fo.rthe provision of
go.ods or entity. The term "perso.n" includes tho.se officers, executives, partners, shareho.lders,
employees, members, and agents who. are active in management of an entity.
6.-Based on info.rmation and belief, the statement which I have marked below is true in relation to the
entity submitting this swo.rn statement. (Please indicate which statement applies) .
__ Neither the entity submitting sworn statement, no.r any of its officers; directors, executives,
partners, shareho.lders, employees, members, or agents who. are active in the management of the
entity, nor any affiliate o.f the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
__ The entity submitting this sworn statement, or o.ne o.r mo.re o.f its officers, directo.rs, executives,
partners, shareholders, emplo.yees, members; or agents who. are active in the management o.f the
entity, o.r an affiliate o.f the en.tity, or an affiliate of the entity had been charged with, and convicted of a
public entity crime subsequent to July 1, 1989, AND (please indicate Which additional statement
applies).
__ The entity submitting this sworn statement, o.r one or more o.f its o.fficers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate o.f the entity has been charged with and co.nvlcted o.f a public entity crime
subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public
interest to place the entity submitting this sworn statement on the convicted vendo.r list. (attach a copy
of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FORTHAT PUBLIC
ENTITY ONI.. Y AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I Aryl REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTRING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORJDA STATUTES FOR A CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Swam to and subscribed befo.re me this _____ day of ___________ , 20 __ .
Personally known ________________ -'-____________ _
Or produced identification ___________ Notary Public-State of _______ _
--=---;c:-:---;:::--::--,-------.,----My co.mrrJssion expires ______ _
(Type of identification)
(Printed, typed or stamped commissioned name of notary public)
7
MicrosoftWordfAffidavits 200o/Revised/mdm~01..()4-20a6
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1.-Do you have any past due finar.-cial obligations with Miami-Dade County?
Single Family House Loans
Multi-Family Housing Rehab
.CDBG Commercial Loan Project
U.S.HUD Section 108 Loan
Other HUD Funded Programs
Other (liens, fines, loans, occupational licenses, etc.)
If YES, please explain:
YES'
2.-Do you have any past due financial obligations with Miami-Dade County?
yES ____ _ NO __ _
If YES, please explain:
1'10
3.-Are you a relative of or do you have any business or financial inierests with any elected Miami-Dade County
official, Miami-Dade County Employee, or Member of Miami-Dade County's Advisory Boards?
YES, __ _ NO __ _
If YES, please explain:
Any false information provided on this affidavit will be reason for rejection and disqualification of your project-
funding request to Miami-Dade County
The answers to the foregoing questions are correctly stated to the best of my knowledge and belief.
By: -----:c:::---:--:;-:--;;---".---
(Signature of Applicant) (Date)
SUSSCRI SED AND SWORN TO (or affirmed) before me this ___ day of ____ ~20 __
By ______________ ,He/She is personally known to me or h13S presented
___ ;:::-_=-:-=-::--;-_____ as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(print orStamp of Notary) (Expiration Date)
NotaryP1:lbnc-Stamp of _-;;::--:-:-__ _
(State)
Notary Seal
8
Microsoft Word/Affidavits 2006/Revtsed/mdm-01-04-2006
DEVELOPER'S AFFIDAVIT THAT MlAMr-DADE COUNTY TAXES,
FEES AND PARKINGT!CKETS HAVE BEEN PAID
(Section 2-8.1 (c) of the Code of Miami-Dade County, as amended by Ordinance No. 00-30)
and
l'HAT DEVELOPER IS NOT !N ARREARS TO THE COUNTI
(Section 2-8.1 (h) of the Code of Miami"DadeCounty, as amended by Ordinance No.00-67)
!, -:--::---;:-_-;-_-:--:-'_-,-_-:-__ -,-__ ,--_' being first duly sworn, hereby statB and certify
that the foregoing statements are true and correct:
1. That I am the Developer (if the Developer is an individual), or the ________ ,(fill in
the title of the position held with the Developer) of the Developer.
2. That the Developer has paid all delinquent and currently due fees or taxes (including but not
limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in
the normal course by the Miami-Dade County Tax Collector, and County issued parking tickets
for vehicles registered in the name of the above developer, have been paid.
3. That the Developer is not in arrears in excess of the enforcement threshold under any
contract, final non-appeasable jUdgment, or lien with Miami-Dade County, or any of its
agencies or instrumentalities, including the Public Health Trust,either directly or indirectly
through a firm, corporation, partnership or joint venture in which the Developer has a
controlling financial interest. For purposes hereof, the term "enforcement threshold" means
any arrearage under any individual contract, non-appeal able judgment, or lien with Miami-
Dade County that exceeds $25,000 and has been delinquent for greater than 180 days. For
purposes hereof, the term "controlling financial interest" means ownership, directly or
indirectly, of ten percent or more of the outstanding capital stock in any corporation, or a direct
or indirect interest of ten percent or more in a firm, partnership, or other business entity.
By: __ ~~-~~-------___
Signature of Affiant
__-;::-;-_____ ' 20,_...,.-
Date
Printed Name of Affiant and TItle
Printed Name of Firm
Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me this __ day of _______ , 20 __ .
By ____________ _ HefShe is personally known to me or has presented,
------:;:--;-;-;--::c::-;:-------as identification.
Type oHdentification
Signature of Notary Serial Number
Print or Stamp Name of I\lotary Expiration Date
Notary PUblic-Stata of _____ _ Notary Seal
9
MicrosQ,ftWor-dlAffidavits 20061Revlsed/mdm·Ol·04-2006
CODE OFBUSINESSETHfCS
in accordance with Section 2-8.1 (ij of the Miami-Dade County Code, each person or entity that seeks
to do business with the County shan adopt a Code of Business Ethic ("Code") and shall, prior to
execution of any contract between the developer and the County, submit an affidavit stating that the
contractor has adopted a Code that complies with the requirements of Section 2-8.1 (i) of the Miami-
Dade County Code. Any person or entity that fails to submit the required affidavit shall be ineligible
fOi contract award. The Code of Business Ethics shall apply to all busllless that the developer does
with the County and shall, at a minimum, reqUire that the developer:
• Comply with all appiicab!e governmentai rules and regulations inCluding, among others, the
Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims
Ordinance.
• Comply with all applicable rules and regulations regarding Disadvantaged Business
Enterprises, Black Business Enterprises, HispaniC Business Enterprises and Women Business
Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs") and Community
Small Business Enterprises (CSBEs) and shall specifically prohibit the following practices:
~ Pass-through Requirements. The Code shall prohibit pass-through whereby the prime
fire requires that the MBE or CSBE firm accept payments as a MBE or CDBE and pass
through those payments or a portion of those payments to another entity including, but
not limited to the owner/operator of the prime firm.
~ Rental Space, Equipment or Flat Overhead Fee ReqUirements. The Code shall
prohibit rental space requirements, equipment requirements,. andror flat overhead fee
reqUirements, whereby the prime firm requires ihe MBE or CSBE firm to rent space or
eqUipment from the prime firm or changes a flat overhead .fee for the use of space,
equipment, secretary, etc.
~ Staffinq Requirements. The Code .shall prohibit the prime firm from mandating, as a
condition to inclusion in the project, that a. MBE or esSE hire, fire, Of promote certain
indi"iduals not employed by the prime firm, or utilize staff employed or previously
employed by the prime firm.
}> MBE or CSSE Staff Utilization. The Code shall prohibit the prime firm from requiring
the MBE or CSBE firm to provide more staff than is necessary and then utilizing the
MBE or CSBE staff for other work to be performed by the prime firm.
~ Fraudulently Creating, Operating or RepresentinqMBE or CSBE. The Codeshail
prohibit a prime firminc1uding, but noilimited to, the owner/operators thereof from
fraudulently creating, operating or representing an entity as a MBE or CSBE for
purposes of qualitying for certification as a MBE or CSSE.
10
Microsoft Word/Affidavits 2006/Revised/mdm,.;O,1 ~04-2COS
• The Code shaH also require {halon .any contract where MBE or esBE participation is
purported, the contract shan specify essential terms induding, but not limited to; a specific
statement regardlng the percent of participation planned forMBEs Of CSSEs, the timing or
payments and when !hewor!< Isto be performed.
• The failqre ofa developer to comply with the Code of Business Ethics shall render any
contract between ihecontractor and the County VOidable, and subject violators to debarment
from future County work pursuant to Section 10c38 (h){2) of the Code. The ir.~pector General
shall be authorized to investigate any alleged violation by a developer of the Code of Business
Ethics.
Sy ____ ~ ____ ~=_~~---------
Signature of Affiant Date
Printed Name and Title of Affiant Federal Employer Idenfification Number
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (of affirmed) before me this __ --'day of _______ , 20_
by _______ ,...-______ ,. HefShe is personally known to me or has prese,nted
-----:;;-:-:c====--as identification.
Type of Identification
Signature of Notary Serial Number
Print of Stamped Name of Notary Expiration Date
Notary Public State of _________ _ Notary Seal
11
Microsoft Word/Affidavits 2006/Revised/mclm-01.Q4.2006
CERTIFICATION REGARDING LOBBYING
Certification fo'!" Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his orher knowledge and belief, that
1. 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
emplo)"'-"l of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in· connection with the awarding of any
Federal contract, 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 contract, grant, loan, or
cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or 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 contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its
instrnctions:
3. The undersigned shall require that the language of this certification be included in
the award documents for .all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreement in excess of $100,000).
and that all subrecipients shaiIcertify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 3 J, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not Jess than $10,000 and not more than $100,000 for
each such failure. .
By:
(SignMure of Authodzed Representative)
Print:
(print Name of Firm and AutJlOrized Repi'eselltalive)
Title:
Date:
COLLUSION AFFIDAVIT
(Code ef Miami-Dade County Section 2"8.1.1 and 10-33.1) (Ordinance No. 08-113)
BEFORE ME, A NOTARY PUBLIC, personaHyappeared _____ ~_-,-_~who being
duly sworn states: (insert name of affiant)
I am over 18 years of age, have personal knowledge of the facts stated in this affidavit
and I am an owner, officer,director, principal shareholderandlor ! am otherwise authorized to
bind the bidder of this contract.
I state that the bidder of this contract:
o is notrelated to any of the other parties bidding in the competitive solicitation, and that the
contractor's proposal is genuine and not sham or ,collusive or made in the interest or on
behalf of any person not therein named, and that the contractor has not, directly orindirect/y,
induced or solicited any other proposer to put in a sham proposal, or any other person, firm,
or corporation to refrain from proposing, and that the proposer has not in any manner sought
by collusion to secure to the proposer an advantage over any other proposer.
OR o is related to the following parties who bid in the solicitation which are identified and listed
below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for
bontract aWard. tn the event a recommended contractor identifies related parties in the
co'mpetitive solicitation its bid shall be presumed to be collusive and the recommended contractor
shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to
'the extent of ownership, control and management of such ,related parties in the preparation and
submittal of such bids or proposals. Related parties shall mean bidders or proposers or the
principals, corporate officers, and managers thereof which have a director indirect ownership
interest in another bidder or proposer for the same agreement or in which a parent company or
the prinCipals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in
another bidder or proposer for the same agreement. Sids or proposals found to be collusive shall
be rejected. ' ,
By:
Signature of Affiant
Printed Name of Affiant and Title
_______________ 20
Date
--1--_,_1--1--1--1--1--1--'
Federal Employer Identification Number
Printed Name of Firm
Address of Firm
BID PACKAGE· ADDENDUM Revisetl4!J2!99
SUBSCRIBED AND SWORN TO (orafflrmed) before me this dByof ___ ~. 20_
He/She is personally known to me or has presented -------:;:--;-:c-;=-;:-----as
identification. Type of identificaUon
Signatur& of Notary Serial NumiJer
Print or Stamp Name of Notary Expiration Date
Notary Public -State of __ _
Notary Seal
510 PACKAGE ADDEl\.'DUM. Rev.ised 4/t,Y99
Agency's letterhead
SA PLE
AGENCY NAME
DISCLOSURE ABOUT RELATED PARTIES
(DATE)
THEREARE NO BOARD MEMBERS OF THE (AGENCY NAME)
WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH
.
OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY
NAME) OPERATIONS.
LIVING WAGE REQUIREMENT(Miami-Dade County Ordinance 99-44)
Effective November 11, 1999 the provisions of Miami-Dade COUtlty 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 $1 00,000 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:
(1) County Service Contracts
(i) food preparation and/ordistribution
(ii) security services
(iii) routine maintenance services such as Gustodial, cleaning, refuse removal, repair,
refinishing and recycling
(iv) clerical or other non~supervisory office work, whether temporary or permanent
(v) transpOltation 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 Insurance.
Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of
health care benefits for employees and their dependents. Proof of the provision of Health Insurance
must be submitted to the County to quality for the wage rllte 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 byfue County. . .
If records reflect that the Service Contractoris in violation of this Ordinance, the County has the
right to sanction the Service Contractor. to include but not limited to tennination, fine and
suspension.
This Ordinance encompasses various responsibilities that must be accomplished by the successful
proposer such as record keeping, posting 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
JQj2
FOfuV!A-ll
MIAMI-DADE COUNTY, FLORIDA
MIA...7yfI-DADE COUNTY LiVING WAGE J....FFIDA'lIT
(Ordinance 99-44 and Section 2-8.9 of the Miami-Dade County Code)
Solicitation No.: _________ _
Titie: _____ -'-_________________________ _
1, , being first duly sworn hereby state and
certify that in compliance with Miami-Dade County Ordinance 99-44 and Section 2-8.9 of the Miami-Dade
County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage
required by Miami-Dade County Ordinance 99-44 to all employees assigued to this coutract. The bidder or
proposer further understands that the current living wage applied to this contract is $8".56 per hour plus health
benefits as described in the ordinance, or $9.81 per hour without health benefits.
By:
-----~~~--~=---------Signature of Affiant
______ ~ ____ ~--------_,20---
Date
_1-_1_1_1_1_1_1_1_
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWOlL"f TO (or affrrmed) before me this _____ day of _________ ~, 20 __ ,
by -------'cc::o-----------. He/She is personally known to me or has presented
Affiant
~----=---:;-:c;-_:_::;__:__-----as identification.
Type o£Identification
Signature of Notary Serial Number
Print or Stamp NameolJ\lotaty Expiration Date
Notary Public -State of _______ _ Notary Seal
Rev. 1120100
20[2
ATTACHMENT F
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ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
. (Ordinance 97 -35t
FAIR SUBCONTRACTING PRACTICES
111 compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative: ~. ______________ -,-____ _
Titie: _________________ Da\e: ___________ _
Firm Name: ________________ Fed. 10 No: _________ _
Address: __ ---'-__________________________ _
City:. _________ State: ______ ----'Zip Gode: __________ _
Telephone: <--J _________ Fa)(: L-l ________ _
12
Microsoft Word/Affidavits 2006/Revi$ed/mdm~Ot-_04-2006
AT.! ACH,.M.ENT H
SUBCONTRACTORlSUPPLIER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer ____ _
This form, or a comparable listing meeting the requirements of Ordinance No. 97-'104, MUSI be completed
by the deVelopers on County contracts for purchase of supplies, materials or services, including profession,.1
services which involve expenditures of $100,000 or more, and all developers on County Of Public Hea!th
Tru!3t construction contracts which involve expenditures of $100,000 or more. This form, or a comparable
listing meeting the requiren'lents of ordinance No. 97-104, must be completed and s\lbmltted even
thoUgh th~ develciper will not utilize subcontractors or suppliers on the contract. The developer
shOUld enf:er the word "NONE" under the appropriate heading on this form in those instances where
no suboontractors or suppliers will be used on the contract. The developer who is awardeg the contract
shall not change or sUbstitute first tier subcontractors or direct suppliers or the portions of the contract work
to be performed or materials to be supplied from those identified, except upon written approval of the County.
I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my
knowiedge true and accurate.
Signa!ure Oeveloper(s) Print Name Print Title
Date Authorized Representative
(Duplicate if additional space is needed)
13
Microsoft \"lord/Affidavits 2006/Revised/mdm-01-04-2006