1TO:
FROM:
DATE:
SUBJECT:
BACKGROUND:
GRANTOR:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
South Miami
bOd
irirP
2001
Steven J. Alexander, City Manager
Agenda Item No.:L March 19,2013
A resolution authorizing the City Manager to execute Amendment Three to
the Combined FY 2008, 2009, and 20 I 0 Community Development Block
Grant (CDBG) agreement for the Murray Park Aquatic Center -Construction
Phase I in the amount of $1,207,374 with Miami-Dade County's Department of
Public Housing and Community Development (PHCD) to extend the
expiration date from December 31, 2012 to June 30, 2013.
The City of South Miami was awarded multiple grants for the Murray Park
Aquatic Center from the Miami-Dade County's Department of Public Housing
and Community Development that were combined into one contract, the
Combined FY 2008, 2009, 20 I 0 Murray Park Aquatic Center -Construction
Phase I from with a contract expiration date of December 3 I, 20 I I.
Amendment One to the Combined FY 2008, 2009, 20 I 0 Murray Park Aquatic
Center -Construction Phase I from Miami-Dade County's Department of
Public Housing and Community Development extended the contract for one
year to December 3 I, 2012. The City of South Miami was approved for an
additional contract extension for 6 months to June 30, 2013 in the form of a
grant agreement amendment with Miami-Dade County's Department of Public
Housing and Community Development for the Murray Park Aquatic Center -
Construction Phase I.
Miami-Dade County Public Housing and Community Development (PHCD)
formerly known as Miami-Dade County Department of Housing and
Community Development (DHCD)
GRANT AMOUNT: $1,207,374
GRANT PERIOD: January I, 20 I 0 through December 3 I, 2012
ATTACHMENTS: Amendment Three to the Combined FY 2008, 2009, and 20 I 0 Community
Development Block Grant Contract between Miami-Dade County and City of
South Miami for the Murray Park Aquatic Center Construction -Phase I.
Resolution 232-1 1-13546: Amendment One to the Combined FY 2008, 2009,
and 20 I 0 Community Development Block Grant Contract between Miami-
Dade County and City of South Miami for the Murray Park Aquatic Center
Construction -Phase I to extend the contract expiration date from December
3 I, 20 I I to December 3 I, 2012
Resolution 279-10-13313: Combined FY 2008, 2009, and 20 I 0 Community
Development Block Grant Contract between Miami-Dade County and City of
South Miami for the Murray Park Aquatic Center Construction -Phase I.
1 RESOLUTION NO. ----
2
3 A Resolution authorizing the City Manager to execute Amendment Three to the
4 Combined FY 2008, 2009, and 2010 Community Development Block Grant (CDBG)
5 agreement for the Murray Park Aquatic Center -Construction Phase I in the
6 amount of $1,207,374 with Miami-Dade County's Department of Public Housing
7 and Community Development (PHCD) to extend the expiration date from December
8 31,2012 to June 30, 2013.
9
10
11 WHEREAS, the City of South Miami was awarded multiple grants for the Murray Park
12 Aquatic Center -Construction Phase I that were combined into one contract Combined FY 2008,
13 2009, 2010 Murray Park Aquatic Center -Construction Phase I from Miami-Dade County's
14 Department of Public Housing and Community Development with a contract expiration date of
15 December 31,2011; and
16
17 WHEREAS, Amendment One to the Combined FY 2008, 2009, 2010 Murray Park
18 Aquatic Center -Construction Phase I from Miami-Dade County's Department of Public
19 Housing and Community Development extended the contract for one year to December 31,
20 2012; and
21
22 WHEREAS, the City of South Miami was approved for a 6-month contract extension to
23 June 30, 2013 in the form of a grant agreement amendment with Miami-Dade County's
24 Department of Public Housing and Community Development for the Murray Park Aquatic
25 Center -Construction Phase I; and
26
27 WHEREAS, the Mayor and City Commission wish to accept the grant agreement
28 amendment with Miami-Dade County's Department of Public Housing and Community
29 Development; and
30
31 WHEREAS, the Mayor and City Commission authorize the City Manager to amend the
32 agreement with Miami-Dade County's Department of Public Housing and Community
33 Development to extend the expiration date from December 31, 2012 to June 30, 2013 of the
34 grant agreement amendment for the Murray Park Aquatic Center -Construction Phase 1.
35
36
37 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
38 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
39
40 Section 1: The City Manager is hereby authorized to amend the grant agreement with
41 Miami-Dade County's Department of Public Housing and Community Development to extend
42 the expiration date from December 31,2012 to June 30, 2013 for the Combined FY 2008, 2009,
43 2010 Murray Park Aquatic Center -Construction Phase 1.
44
45
46 Section 2: This resolution shall be effective immediately after the adoption hereof.
47
48
49 PASSED AND ADOPTED this __ day of ,2013.
50
51
52 ATTEST: APPROVED:
53
54
55
56 CITY CLERK MA YOR
57
58 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
59 LANGUAGE, LEGALITY AND Mayor Stoddard:
60 EXECUTION THEREOF Vice Mayor Liebman:
61 Commissioner Newman:
62 Commissioner Harris:
63 CITY ATTORNEY Commissioner Welsh:
64
2
Resolution Number # R-1222-07j R-1127-08j R-914-09j R-1284-09j and R-111-10
Duns Number #024628976
Awarded Amount $1,207,374
CDBG 2010
Municipality
AMENDMENT THREE TO THE COMBINED FY 2008,2009 & 2010
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
The contract entered into between Miami-Dade County, a political subdivision of the State of
Florida, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to
as the "Awardee" executed on May 16th, 2010, is amended as follows:
1, Due to a Scrivener's Error, the amendment number was inadvertently changed in the title of
the amendment from Amendment One to the Combined FY 2008, 2009 & 2010 Community
Development Block Grant Contract to Amendment Two to the Combined FY 2008, 2009 &
2010 Community Development Block Grant Contract. The current amendment title will
remain Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development
Block Grant Contract making this Amendment Three to the Combined FY 2008.,2009 &
2010 Community Development Block Grant Contract.
2, Page 29, Section IV (A)( 2), first sentence is amended to read as follow:
This Agreement shall expire on June 30, 2013.
This Amendment is intended to extend the FY 2010 Community Development Block Grant
Contract between Miami-Dade County and the City of South Miami executed on May16, 2010
(the "Contract"), until June 30, 2013. The Parties ratify and adopt all the provisions, duties and
obligations of the Contract as if fully set forth herein.
The effective date for this amendment is December 31, 2012.
All references in the Contract to the expiration date shall now read the expiration date of June
30.2013.
This Amendment and all its attachments are hereby made a part of the Contract.
Page 1 of 2
Resolution Number#R-1222-07j R-1127-08j R-914-09j R-1284-09j and R-111-10
Duns Number #024628976
Awarded Amount $1,207,374
CDBG2010
Municipality
AWARDEE:
City of South Miami
BY:
NAME: Steven Alexander,
TITLE: Actin~ Cit,L.y~M:,.:.a;,;..:n"-,,ag>L..e:..:.r _____ _
DATE:
BY:
NAME:
------------~-------------
TITLE:
DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
FederallD
Number: 59-6000431
R-1222-07; R-1127-08; R-
914-09; R-1284-09; and R-
Resolution #: 111-10 ~~~~~~~~~~--CD534C09CI; CD535C08CI;
CD534C09CCI; and
Index Code: CD536C10CI
MIAMI-DADE COUNTY
BY:
NAME: Carlos A. Gimenez
TITLE: Mayor
ATTEST
BY: ~~ __ ~ ____________________ ___
TITLE:
Contractor's Fiscal Year Ending Date: September 30 th
CORPORATE SEAL:
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 2of2
AUTHORIZING SIGNATURES
CONTRACTOR:~ __________________________ ~ ____ ~ __ __
DATE:
This form certifies the names, titles and signatures of individuals authorized by the contractor's by-laws or
board resolution to sign contracts, checks, budget revision requests, payment requests and any other
requests, (e.g. purchase requisitions, purchase orders, receiving reports, direct bills) that are required by
the Public Housing and Community Development (PH CD) for disbursement of funds.
NAME
(Type or Print)
I. Prime Contracts Subcontracts
II. Cheeks (List Amount Limits)
III. Budget Revision Requests
TITLE
(Type or Print)
SIGNATURE
NAME
(Type or Print)
IV. Payment Requests
V. Other Administrative Matters
TITLE
(Type or Print)
(e.g. Status Reports, Purchase Orders, Travel Requests)
SIGNATURE
* These signatures authorized are retained by PHCD for auditing purposes.
* You are required to submit updates to this list as it becomes necessary.
~.
· ..
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 whether or not it pertains to this contract.
I, ___ ~,.--,.--________ , being first duly sworn state;
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 (H none, Social Security)
Name of Entity, Individual{s), Partners; or Corporation
Doing Business As (If same as above, leave blank)
Street Address City State Zip Code
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 ttle corpcH·ation's'stock. lithe contract or business transaqtion
is with a partnership, the foregoing informajionshall be provided for each partner;lrthe contra<;t or
business transaction is with a trust,thefulllegathameai1d address shall be providedforeach trustee
and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly-traded
corporations or to contracts with the United Shiites or any department or names and addresses are
(Post Offices addresses are not acceptable):
Full Legal Name Address Ownership
------~----~------~--~-------------------------------------------_%
------------------~------------------------------~----------~-----%
------------------------~------------------------------------------~~%
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2.-The full legal names and business address of any other individual (other than subcontractors,
material men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3.-Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty (60) days or both.
11.-MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90-133)
Amending Sec. 2.8-1; Subsection (d) (2) ofthe County Code.
Except where precluded by Federal or State laws or regulations, each contract or business
transaction or renewal thereof, which involves the expenditure of ten thousand dollar ($10,000) or
more; shall require the entity contracting or transacting business to disclose the foHowing information.
The foregoing disclosure requirements do not apply to contracts with the United States or any
department or agency 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 Asian: ___ Males ___ Females
Black: Males Females American Indian: Males Females
Hispanics: __ Males ___ Females Aluet (Eskimo): Males Females
__ Males Females ___ ,Males Females
111.-AFFIRMATIVE ACTION/NON-DISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinances 98~30 codified at 2-8.1.5 of the County Code)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as condition receiving a County contract" have
1) a written affirmative action plan which sets forth the procedures the entity utilizj3$ loassure th~t it
does not discriminate in its employment and promotion practices; and 2) a writtenprocuremel1t poliCy
which sets forth the procedures the entity utilizes to assure that it does not dispriminate against
minority and women~owned businesses in its own procurement of goods, supplies and services.
Such affirmatives action plans and procurement policieS shall provide for periodic review to determine
their effectiveness in assuring the entity does not 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 shall not be required to have written
affirmative action plans and procurement policies in orde(to receive a County contract. The foregoing
. presumption may be rebutted.
2
Microsoft Word/Affidavits 2006/Rev!sedlmdm-01-04-2006 . ,
The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of
the County Manager that it is in the best interest of the County to do so and upon approval of the
Board of County Commissioners by majority vote of the members present.
__ The firm does not have annual gross revenues in excess of $5,000,000
__ The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors
. 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 t#V 1st Avenue, 28th Floor, Miami, Florida
33128.
__ The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
review to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development, 175 NW 1sl Avenue, 28th 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 a felony during the past ten (10) years.
__ V.-MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT(County Ordinance
No. 92-15 codified as Section 2-8.1.2 af.tne 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 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States of the State of Florida shall be. exempted
from the provisions of this ordinance in thOse instances where those provisions are in confHct with the
requirements of thbse government entities. .
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Microsoft Word/Affidavits 2006/Revised/mdm-01-04c2006
__ VI.-MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142-91
codified as Section 11 A-29 ET. Seq. of the County Code)
That in compliance with ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an
employer with fifty (50) or more employees working in Dade County for each working day during each
of twenty (20) or more calendar workweeks, shall provide the following information in compliance with
all items in the aforementioned ordinance:
An employee who has worked for the above finn at least one (1) year shall be entitled to ninety (90)
days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who 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 State of Florida or any pOlitical subdivision or agency thereof. It shall, however,
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 that any subcontractor; or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those provisions
pertaining to employment provisions of programs and services, transportation~ communications,
access to facilities, renovations, and new construction in the following laws: The Americans with
Disabilities Act. of 1990 (ADA), Pub. L.101-336, 104 Stat 327.42 U.S.C. 12101-12213 and 47 U.S.C.
Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing
requirements shall not pertain to contracts with the United States or any department or agency
t~ereof, 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 all 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
Microsoft Word/Affidavits 20061~evis8dJmdm·01-0472006
___ .X.-DOMESTIC VIOLENCE 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 Domesti.c Leave Ordinance,
Ordinance 99-5, codified at 11A-60 ET. Seq. of the Miami-Dade County Code, which requires an
employer which has in the regular course of business fifty (50) or more employees working in Miami-
Dade County for each working day during each of twenty (20) or more calendar work weeks in the
current or proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) pages document entitle Miami-Dade County Affidavits and
have indicated by an "X" all affidavits that pertain to his contract and have indicated by an "N/A" all
affidavits that do not pertain to this contract.
'By:~ ____ ~ ____ ~~~ ____ ~ _____ __
(Signature ot 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'--____ -__ ~~::c__~_:__-------....,;.---as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print of Stamp of Notary) (Expiration Date)
Notary Public-State of __ -,-_____ _
(State)
5
Microsoft WordJAffidavits 2006JRevised/mdm-01·04·2006
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1.-This form statement is submitted to _-.,.. ______________ ------
by ____________ ~~~~~----~~-------------------------(Print individual's name and title)
for ______________ ~~~--~~~~~--~.-_._-----------------
(Print name of entity submitting sworn statement)
whose business address is ~----------------------------------------
and if applicable its Federal Employer Identification Number (FEIN) is _____ ,. If the entity
has no FEIN. include the Social Security Number of the individual signing this sworn statement.
2.-J understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes,
means a violation of any state or federal Jaw by a person with respect to. and. directly related to the
tran~actions 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 limiteq to any bid or c.ontract for goods or services to
be provided to public entity or agency or political subdivision of any other state or of the United States
'and involving antitrust, fraud. theft,. bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3.-I understand that "convicted" or "convictionn 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 COl!rt 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.-\ 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 of the entity
and who has been convjc~ed of a public entity crime. The term "affiliate" includes those
officers. directors, executives, partners. shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person. or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a
prima facie case that one person controls another person. A person who knowingly enters into
a joint venture with a person who has been convicted" of a public entity crime in Florid~ during
'the preceding 36 moths shall be considered an affiliate. .
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Microsoft Word/Affidavits 200B/Revised/mdm·01-04-2006
5.~ I understand that a "person" as defined in paragraph 287.133 (1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision of
goods or entity. The term "person" includes those officers, executives, partners, shareholders,
, employees, members, and agents who are active in management of an entity.
6.-Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies)
__ Neither the entity submitting sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, or an affiliate of the entity, or an affiliate of the entity had been charged with, and convicted of a
public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement
applies).'
, __ The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partn~rs, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity' has been charged with and convicted of a public entity crime
subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the Hearing Officer determined that it was not In the public
interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy
of the final order). .
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTRING' INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this __ --,-._ day of ___________ , 20 __ .
Personally known,,........, __________________________ ........-,,..-
Or produced identification _____ ----' __ Notary Public-State of ______ _
__________________ --My commission expires _~---,-___ _
. (Type of identification)
(PrintE;)d, typed or stamped commissioned name of notary public)
7 '
Microsoft WordlAffidavils 2006JRevi.sed/mdm·01-04-2006
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1.-Do you have any past due financial 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:
NO
3.-Are you a relative of or do you have any business or financial interests with any elected Miami-Dade County
official, Miami-Dade County Employee, or Member of Miami-Dade 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)
SUBSCRIBED AND SWORN TO (or affirmed) before me this ___ day of ____ ---.:20 __
By _____________ He/She is personally known to me or has presented
----,,,.,,.----.;-:-:-c:--:-=---::-~-----as identification.
(Type of Identification)
(Signature of Notary)
(Print or Stamp of Notary)
Notary Public-Stamp of _....,..".---:-__ _
(State)
8
.Microsoft Word/Affidavits 2006/Revis~d'mdm-01-04-2006 .
(Serial Number)
(Expiration Date)
Not~ry Seal
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8.1 (c) of the Code of Miami-Dade County, as amended by Ordinance No. 00-30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h) of the Code of Miami-Dade County, as amended by Ordinance No.DO-67)
I, _-:----::--____ --,-.,...-____ ---: ____ ' being first duly sworn, hereby state 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 th'e 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 exceeqs $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 outstc~mding 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
Printed Name of Affiant and Title
____ ~ ____ --__ --,20-----
Date
_'_'_'_'_'_1 __ ' ..J _, --,_,
Federal Employer Identification Number
Printed Name of Firm
Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me this __ day of _______ • 20 __ .
By _________ , ______ .. He'She is personally known to me or has presented
as identification.
--------~~~~~~~------~-----Type of Identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public-State of _____ _ Notary Seal
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Microsoft Word/Affidavits 2Q06/Revised/mdm-01-04·200e
CODE OF BUSINESS ETHICS
In accordance with Section 2-8.1 (i) of the Miami-Dade County Code, each person or entity that seeks
to do business with the County shall adopt a Code of Business Ethic (nCode") 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
for contract award. The Code of Business Ethics shall apply to all business that the developer does
with the County and shall, at a minimum, require that the developer:
• Comply with all applicable governmental rules and regulations including, among others, the
Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims
Ordinance.
• Comply with all applicable rules and regula~ions 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. Th~ 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, and/or flat overhead fee
requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or
equipment from the prime firm or changes a flat overhead fee for the use of space,
equipment, secretary, etc.
» Staffing Requirements. The Code shall prohibit the prime firm from mandating, as a
condition to inclusion in the project, that a MBE or eSBE hire, fire, or promote certain
individuals not employed by the prime firm, or utilize staff employed or previously
employed by the prime firm.
~ MBE or eSBE 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 Representing MBE or CSBE. The Code shall
prohibit a prime firm including, but not limited to, the owner/operators thereof from
fraudulently creating, operating or representing an entity as a MBE or CSBE for
purposes of qualifying for certification as a MBE or CSBE.
10
Microsoft Word/Affidavits ~006/Revised/mdm-01-04-2006
• The Code shall also require that on any contract where MBE or CSBE participation is
purported, the contract shall specifY essential terms including, but not limited to; a specific
statement regarding the percent of participation planned for MBEs or CSBEs, the timing or
payments and when the work is to be performed.
• The failure of a developer to comply with the Code of Business Ethics shall render any
contract between the contractor and the County voidable, and subject violators to debarment
from future County work pursuant to Section 10-38 (h)(2) of the Code. The Inspector General
shall be authorized to investigate any alleged violation by a developer of the Code of Business
Ethics.
By ____ ~ ____ --~--__ -----------
Signature of Affiant Date
Printed Name and Title of Affiant Federal Employer Identification Number
Printed Name of Firin
Address of Film
SUBSCRIBED AND SWORN TO (of affirmed). before me this ___ day of _____ , 20_
by _____ ..,..... _________ ....:...;. He/She is personally known to me or has presented
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
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Microsoft Word/Affi(lavit~ 2006/Revised/mdm-01-04-2006
LIVING WAGE REQUIREMENT (Miami-Dade County Ordinance 99-44)
Effective November 11, 1999 the provisions of Miami-Dade County Ordinance 99-44 and Section
2-8.9 of the Code of Miami-Dade County shall apply to all service contracts involving the
expenditure of over $100,000 per year for "Covered Services",
"Covered Services" are the type of services purchased by the County that are subject to the
requirements of the Living Wage Ordinance which are one of the following:
(1) County Service Contracts
(i) food preparation and/or distribution
(ii) security services
(iii) routine maintenance services such as custodial, cleaning, refuse removal, repail,',
refinishing and recycling
(iv) clerical or other non-supervisory'office work, whether temporary or permanent
(v) transportation and parking services, including airport and seaport services
(vi) printing and reproduction services
(vii) landscaping, lawn and/or agricultural services
In accordance with Miami-Dade County, Ordinance 99-44, all Service Contractors entering into a
contrl;lct 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 qualify for the wage rate for employees with health benefits.
The Service Contractor shall also agree to produce all documents and records relating to payroll and
compliance with this Ordinance prior to award of a contract as a result of this solicitation upon
request by tl1e County.
If records reflect that the Servipe Contractor is 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 propo.ser must be prepared to comply with these requirements as outlined in Ordinance
99-44.
5/01 '
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FORMA-11
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 99-44 and Section 2-8.9 of the Miami-Dade County Code)
Solicitation No.: ----
Title:
---~
I, _ _ _ W~--.~~-, being first duly sworn hereby state and
certify thati,Jl c<Wnpliancc with jyli}lIni~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 Jiving wage
required by Miami-Dade County Ordinance 99-44 to all employees assigned to this contract. The bidder or
proposer further understands that the current living wage applied to this contract is $8.56 per hour plus health
beilefits as described in the ordinance, or $9.81 per hour without health benefits.
Signature of Affiant
________ ~ ____ ~ ___ .20 __ -_---_
Date
_1-_1_1_1_1_1_1_1_
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me this ___ day of __,, _________ "_"_~---M---"-,20--'
___ . He/She is personally known to me or has presented
as identification.
Type ofldentification
" __ ._.,,,~~ __ ---::--____ • _________ m __ _
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public -State of_~ __ " ________ , ____ _ Notary Seal
Rev. 1120/00
20f2
COLLUSION AFFIDAVIT
(Code of MiamI-Dade County Section 2-8.1.1 and 10-33.1) (Ordinance No. 08-113)
BEFORE ME, A NOTARY PUBLIC, personally appeared _____ -::-_,.....-__ who being
duly 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 shareholder andlor I am otherwise authorized to
bind the bidder of this contract.
I state that the bidder of this contract:
o is not related to any of the other parties bidding in the competitive solicitation, and that the
contractor's proposal is genuine and not sham or collusive or made in the interest or on
behalf of any person not therein named, and that the contractor has not, directly or indirectly,
induced or solicited any other proposer to put in a sham proposal, or any other person, firm,
or corporation to refrain from proposing, and that the proposer has not in any manner sought
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
contract award. In the event a recommended contractor identifies related parties in the
competitive SOlicitation ,Its bid shall be presumed to be collusive and the recommended contractor
shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to
the extent of ownership, control and management of such related parties in the preparation and
submIttal of such bids or proposals. Related parties shall mean bidders or proposers or the
prinCipals, corporate officers, and managers thereof which have a direct or indirect ownership
interest in another bidder or proposer for the same agreement or in which a parent company or
the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in
another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall
be rejected.
By:
Signature of Affiant
Printed Name of Affiant and Title
________________ 20
Date
_'_-_1_'_1_'_1_'_1
Federal Employer ldentification Number
Printed Name Of Finn
Address of Firm
DID PACKAGE ADDENDUM Revised 4112/99
SUBSCRIBED AND SWORN TO (or affirmed) before me this ___ day of ___ • 20_
He/She is personally known to me or has presented...... _____ -=_--::-:-:----::-::--::--___ as
identification. Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary ExpIration Date
Notary Public -State of __ _
Notary Seal
BID PACKAGE ADDJiNDUM Rev,;sed 4/12199
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreelllcilts
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. :No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection With the awarding of 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 ~ttempting to influence an officer or employee
.. of any agency, a Member of Congress, an officer or employee of Congress, or an
elnployee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Fonn LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
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 shall certify 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 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
By:
(Signature of Authorized Representlltive)
Print: _~ __________________ _
(Print Name of Flrm and Authorized Representative)
Title:
Date:
Ag,ency's letterhead
SAMPLE
AGENCY NAME
DISCLOSURE ABOUT RELATED PARTIES
(DATE)
THERE ARE N.o B.oARD MEMBERS .oF THE (AGENCY NAME)
WH.o HAVE ANY RELATI.oNSHIP OR HAVE MADE ANY TRANSACTION WITH
OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY
NAME) OPERATIONS.
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ATTACHMENT G
[
FAIR SUBCONTRACTING POLICIES
(Ordinance 97"35)
-_ .. _-------_."."........_ .~---~~~ ________________ ..J
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative: _____________ .......,.. ______ _
Title: ____ ...,..-__ -....... ____ ....;.....~ ___ ~. Date:, __________ '--_
Firm Name: _______ ---........ -----Fed. 10 No: _________ _
Address,: _________________________ --->-_____ _
City:, _________ State:, ___ --'-_~-'Zip Code:,-,-_________ --,
Telephone: (-.J ...... _________ Fax: L) ________ _
12
Microsoft Word/Affidavits 2006IRevised/mdm-01.-04-2006
ATTACHMENT H
SUBCONTRACTOR/SUPPLIER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer ___________________ _
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed
by the developers on County contracts for purchase of supplies, materials or services, including professional
services which Involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable
listing meeting the requirements of Ordinance No. 97-104, must be completed and submitted even
though the developer will not utilize subcontractors or suppliers on the contract. The developer
should enter the word "NONE" under the appropriate he!lding on this form in those instances where
no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract
shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work
to be performed or materials to be supplied from those identified, except upon written approval of the County.
I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my
knowledge true and accurate.
Signature Developer(s) Print Name Print Title
Date Authorized Representative
(Duplicate if additional space is needed)
13
. Microsoft Word/Affidavits 200S/Revised/mdm-01-04-200S
RESOLlJTIONNO. 232-11-13546
A resolution authorizing the City Manager to amend the Combined FY 2008, 2009,
and 2010 Community Development Block Grant agreement wit)l Miami~Dade
Connty's Department of Public Housing and Community Denlopment (PHeD) to
extend the expiration date from December 31, 2011 to December 31, 2012 for the
Murray Park Aquatic Center -Construction Phase I in the amount of $1,207,374.
WHEREAS, the City of South Miami was awarded multiple grants for the Murray Park
Aquatic Center -Construction Phase I that were combined into one contract Combined FY 2008,
2009; 2010 Murray Park Aquatic Center -Construction Phase I from Miami-Dade County's
Department of Public Housing and Community Development with a contract expiration date of
December 31, 2011; and
WHEREAS, the City of South Miami has been approved for a 12-month contract
extension in the form of a grant agreement amendment with Miami-Dade County's Department
of Public Housing and Community Development for the Murray Park Aquatic Center -
Construction Phase I; and
WHEREAS, the Mayor and City Commission wish to accept the grant agreement
amendment with Miami-Dade County's Department of Public Housing and Community
Development; and
WHEREAS, the Mayor and City Commission authorize the City Manager to amend the
agreement with Miami-Dade County's Department of Public Housing and Community
Development to extend the expiration date from December 31, 2011 to December 31, 2012 of
the grant agreement amendment for the Murray Park Aquatic Center -Construction Phase L
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to amend the grant agreement
amendment with Miami-Dade County's Department of Public Housing and Community
Development to extend the expiration date from December 31, 2011 to December 31, 2012 for
the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center -Construction Phase L
Sectio-n 2: This resolution shall be effective immediately after the adoption hereof.
Res. No. 232-11-13546
PASSED AND ADOPTED this 20th, day of Decernb~12011.
ATTEST:
2
APPROVED:
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
4-0
Yea
absent
Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
TO:
FROM:
DATE:
SUBJECT:
BACKGROUND:
GRANTOR:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
South Miami
~ imr
2001
Hector Mirabile, Ph.D., City Manager ~
December 20, 20 II Agenda Item NO.:j3
A resolution authorizing the City Manager to amend the Combined FY 2008,
2009, and 20! 0 Community Development Block Grant agreement with Miami-
Dade County's Department of Public Housing and Community Development
(PHCD) to extend the expiration date from December 31,2011 to December
3 I, 2012 for the Murray Park Aquatic Center -Construction Phase I in the
amount of $1,207,374.
Miami-bade County Public Housing and Community Development (PHeD)
awarded the City of South Miami the Murray Park Aquatic Center -
Construction Phase I with an expiration date of December 31, 20 II in the
amount of $1,207,374. The City of South Miami was awarded multiple grants
for the Murray Park Aquatic Center -Construction Phase I that were
combined into one contract Combined FY 2008, 2009, 20 I 0 Murray Park
Aquatic Center -Construction Phase I from Miami-Dade County's
Department of Public Housing and Community Development. The City of
South Miami was approved for an additional contract extension for 12-months
in the form of a grant agreement amendment with Miami-Dade County's
Department of Public Housing. and Communit! Development for the Murray
Park Aquatic Center -Construction Phase I.
Miami-Dade County' Public Housing and Community pevelopmer.t (PHCD)
formerly known as Miami-Dade County Department of Housing and
Community Development (DHCD)
GRANT AMOUNT! $1,207.374
GRANT PERIOD: January I. 201'0 through December 31, 20 I I
ATT ACHM'ENTS: . Amendment One to the Combined FY 2008, 2009, and' 20 I 0 Community
Development Block G·rant Contract between Miami-Dade County and Oty of
South Miami for the Murray Park Aquatic Center Construction -Phase L
Combined FY 2008, 2009, and 20 I 0 Community Development Block Grant
Contract between Miami-Dade County and City of South Miami for the
Murray Park Aquatic Center Construction -Phase I.
MIAMI'~ (;.W~ifi iIiI'
Carlos A. Gimenez, Mayor
October 4, 2012
Mr. Hector Mirabile, Ph.D.
City Manager
City of South Miami
6130 Sunset Drive
City Hall 1st Floor
South Miami, Florida 33143
Public Housing and Community Development
701 NW 1st Court· 14th Floor
Miami, Florida 33136-3914
T 786-469-2100 F 786-469-2237
miamidade.gov
Re: Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development
Block Grant Contract
Dear Mr. Mirabile:
Due to a Scrivener's Error, the amendment number was inadvertently changed in the title of the
amendment from Amendment One to the Combined FY 2008, 2009 & 2010 Community
Development Block Grant Contract to Amendment Two to the Combined FY 2008, 2009 & 2010
Community Development Block Grant Contract. The current amendment title will remain
Amendment Two to the Combined FY 2008,2009 & 2010 Community Development Block Grant
Contract and the Scrivener's Error will be addressed in any future Amendments.
Also, the future Amendment will be titled Amendment Three to the Combined FY 2008, 2009 &
2010 Community Development Block Grant Contract.
If you have any questions, please contact me at 786-469-2220.
Sincerely,
etitia S. Goodson
PHCD Project Manager
Enclosure
c: Colleen Brown, Manager, Project Management Unit, PHCD
Central File -City of South Miami. -CDSG FY 2008, 2009 & 2010
Murray Park Aquatic Center (to include Swimming Pool)
HO$oluUOII Nlfmber #J5-'1 ~?1:Q:t.lHt?I:9J!J~:111~Hn;R::!f.a1:J12; .. eL1ftl'{:t!1::H!
Dllll!i Numbel'ilp.24~g!lilI2
AW.1Jrcted Amount $~m74
cnaG 2010
Munjcipality
AMENDMENT mo TO THE COMBINED FY 2008, 2009 & 2010
, COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI~DADE COUNTY
AND
CITY OF SOUTH MIAMI
The contract Elntered into bolwcl;ln Mimni-Dade County, a political subdivision of the State of
Florida, hereir'1flfter referred to as the "County" and City of South Miami, hereinafter referred to
as the "Awarde<?" executl'Jd on May 16th, 2010, is amended as follows:
1. The Contract is hereby amended to delete all references to "Department of Housing and
Community Development" or "DHCD" and replace it' with the said references of U10 "Public
Housing' and Community Development" or "PHCD".
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I 1·· .
Resolution Number It R:,~41:!r[;J~.::1127 -:9jl; 1{.9·'!1~!);JS~12II4'Qi!; il.n~£I.:::1111q
Duns Number #02462S;)76 .
Awarded Amophi: $i.Ya,1l14
CDBG 2010
Municipality
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agrt:l.e.s~that-al~y--rn$;lFanOe7pf0te{3tienirequiFe~Y4tlis--f\€if~emem.:f;)~tf1e~e.·pFe\lid~
bY~0Vf3FFlfTleH~n\ity.·sMIHn;n(tJ-Wf'Jf~limlt-tR~~fffiibility-t,&iAdemnlfy,*eej;)-and~Va
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(i1~ttar;AI~""t44-1""'rn~~A its,e~"ar$l~lMR~",*,"~{fil),
5. Page' 29, Section IV {A}( 2), first sentence is amended to read as follow:
, ~hiS A~reem(3.nt shall e;pire, on peC~I~b~r 31 1 201 y.1
6, Attachment A-1 is amended as indicated in A-i ..
~fhfs Aniendnl,eQt {sint~nQed,td:.ext~ndthe FY 2010' Community Development Block Grant
C()ntractbetwe,eolV,llami~Dat:1l? GOlJntY,1::lhd tht.; City of South Miami executeq 'On'.M?y16, 2010
.. (the"Gontract"},untii Dec~ml:>£?r:31, 2012.The Parties ratify and adopt all the provisions, duties
and;pblJg~tiol1sQf IbeGontl'iil.ctas if fullYsetJortn herein.
The effective di3te for this amendment is DeGember 31, 2011.
Ex~ept for any changes enumerated.above, all provisions of the contract shalf remain in fill force
and effect.
. .
This Amendment is intended to. extend the Contract, until December 31, 2012. The Parties ratify
and adopt all the provisions, duties and obligations of the Contract as if fully set forth herein.
This Amendment and all its attachments are herepy made a part of the Contract.
Resolution NumbertlR.1222·07; R-1127·08j R-914·0S; R-1284-09j and R-111~10
Duns Number #024628976
Award Amount $1,207,374
CDBG 2010
Municipality
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY:
NAME: _tiector Mirabiler:p_h_._D .... , -c--~~-,
TITLE: City Manager
DATE:
BY:
NAME: Maria M. Menendez
TITLE: ~~bllirL
DATE: --,B="...".f'"""C--,-", ;;)=~, ,=t, +-"l1.;=O",-"l.!.-) --'--__ ...... ~_
Witnesses:
BY:
~~(Si re)
T~or~~~"'-w ---
FederallD
Number: 59-6000431 ~~~~~~~~.
R-1222-07; R-1127-08; R-
914-09; R-1284-09; and R-
Resolution #: 111-10
Cb-5--3--4--:C-09-C-'-; C-D-5=-C3~5-C-08-C=-f';-
CD534C09CCI; and
Index Code: CD536C10C'
-.~--,---,
BY:
NAME:
TITLE:
ATTEST
TITLE:,
Contractor's Fiscal Year Ending Date: . Septeml?_~._3_01_h __
CORPORATE SEAL:
Mayor
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 3 of 3
· AC'nON STEPS
JANUARY 1, 2009 THRU DECEMBER 31, 2012
City of Sowth Miami
Murray Park Aquatic Center (to inc!lude Swimming P~C!) • Const:-uclion Phase i
CDBG 200?, 2CC9 I:. 2D10
'.,. $1,2it1,:l7#~lici
S1!lS.£l7,09
$100;000'00·'
SJ~4S?j~1'~~9~ ,
" . "'00(1'.
POOple
Attachment A·1
Notice to Bidders/Proscective Comracto!"
St2terr.e1t of Bidder's CG!istr...tc.\ior: experie:'lce
::::ertificatiDn rece;pt
Oavls-8,acor, Wage Determination
Labor 3randards PrO\/i:5i~ns (Forrn HUD 4010)
if"lsurance Recui:errents
Provisions to be Inco perated in Construction Contracts
Non.C'Jliusio:-' Affidavit
Cer-ification RegarGi')g Lobby:r:g
Atfirrr:ation .';cticn Standards
;ation ::;f Compli2nce witr· ~crt 6C-2 Affi~mal~ve A~tion Program
Required Certific<3tions
Certifica:ion "~egarj1rg Drug Free VVorkp!i3cc
A.ssv=oca of Comiia~ce (Sec'\or 3, HJD t..ct o~ 1968)
Section 3 Requiremer-,ts
Section 3 Clause
3idder's !n:tl~: Se:::.ticn 3 Goa s
Ce:tjficatjo~ ,~egarding Deb8rr.)(~~nt" Suspe-!":S!:O'1. l~eiigibili!y aM Vaolu~ta!)' i:xc!usion -LO"Ne:-Tier
Trans8c:lons
ErK\.cyrnent OpP_)f1Ln:ty (EEO) Clause for Ccm,ac:o;$ Not Subject to eXecutive Order (ECO
Oppor;",.:r.rty for Sp-ecia: Diaolec" Ve1er3!lS and \ieterafls of the \/ietnam Era
O;,)pof1unity for \OVcrkers .......... ith Jiabilbes
of Requirer'1er.t fo~ 3f;'i~'f1.ati\ie ,c.,ction to ensure ~c.' ... al Empl-::ymert OpPO'1uni~y (!;CC 11246)
Equal Employment C~por;"J~ity (EEOj Clause for Contractors Subject to executive Order CECa ~ '246)
Cerii;ic:ation of Nonsegrega~ed FacHities
l\ictice to Prospective Sr..;bc·:,nt."acto:'s of Requirments :0:-Ce.1ificat'0r. of Nonsegregated Facilities
Notice of Requirement· Clean \l'vater, Clean Air, EO 11738 ard CP.; Regulations Prevision
C'3rtificat!on of Comp~~ance witt~ Federal Regula\icns
Certification Regarding Debarment! Supension, and Other Responsibility Matters {Direct
JANUARY 1, 2009 THRU DECE:MBER 31, 2012
Page 2 of 4.
City cf So~th Miami
Murray Park Aquatic Center (to incllude Swimming Pool) -Construc:Jon P'-,ase I
CDSG 2008. 2009 & 2010
~:;?OI,::>7f;OQ;
. S'llS;53{;OO
$100,000,00 .
S~AS:t,911,"OO""
'\:;.':,;.!;t.';\2~()tj:
PeeP""
Attachment A·1
AGENCY N'c'.ME:
ACiiV!iY:
FUNDING SOU.=<:CE:
FJNDiNG: CDSG 2008 funds that were us~d for the Design Phase
P::.ymert an!J ::;:'erfofr.1anCe 80:"':0
Executed GC contrac:
l~uOrmt copy AC ~~~ __ ~__ _ ____________ _
{Cer.Jicatioil of Compliance .... tith Part 60-2 Affirmatve Action P:og~am
! Certificaton Regarding Drug ::Cree Workplace
Ice of Companies
3 F~eqwjrements (if applicable)
: 3 Clause (if applicable)
and Performance Bond
JANUARY 1,2009 THRIJ DeCEMBER 31,2012
Page 3 014
City of South Miami
Murray ParK Aquati: Center (to incHude Swimming Pool) • Construction ?hase
CD8G 200B. 2009 & 2010
sl,20i374.QO
$185,537.00
$100,000.00
,.jlii9~,~~~~~
People
Attachment A-I
':',G~t'-lCY \!,~:.XE·,
JANUARY1, 2009 THRU DECEMBER 31,2012
Page4of4
City of SO:.Jth Miami
Murray Park Aqua;:!:: Ce:i!er (to incl'jude SV\lim~fr.g Pool) ~ Construc!ion PheBe!
CD8G 2008, 2000 & 2010
':i1;2.o7;~74,oii
5185,537,00
.100,000,00
S1;492;911:00 ........ : ~bi:i'O
People
Attachment A-1
-"--I
ATTACHMENT B-l(B)
INDEMNIFICATION AND INSURANCE REQUIREMENTS
Govcmment entity shall indemnify (lud hold harmless the County and its officers, employees, agents and
instrUm.crtt<.tlitjestrom any and all liability, losses or dal1la$cs, inclu<,iingattorneis fees and costs of defense,
which tlleCounty of itsofl1cers,employecs, agents Of inSU111l1cntalitiesmay illcuras a rC$'ldt of claims,
demands, stiits~causes ofactiOtlS9rproceedings of any kind or nature arising out of: relating to or resuJting
frWD the, performance of tllis Agr'eelllcnf by the. GovcrnniMt entity or its employees; agents,scrvmlts,
partnel13prInqip~lls()r SUbcontractors. Govemment entity shall. pay all claims and losses illC()tlUectiQll
therewith and shall investigates ~lnd defetld !lJl claims, suits or aclion~ of any· kind or nature in thc name of
the C9AAty; :whete applicablft, inc1udin~appenate proc(!edings, and Shall pay all costsf judgrucnt:;;Ulld
attorney's fe~ which may Issue thereon,.. OQv(':mmeilt entity exprQSsly understands and agreesfhatany
insnranceptQtectibn requirt!d by this Agreement Qr otl1crwise provid~dby OQwrnmeht· entity shall in noway
limit fhefeSpoll$lQi!ityto indemnjfy~ keep and save hanhlg;s und defcnd the Cpunty or itsofJiccrs,
employees, agMtsmld ins(rumentalities aslierein as herein provided.
RESOLUTION NO: 279-10-13313
A Resolution of the Mayor and City Commission of the City of South Miami
approving the reallocation of the remaining balance of fiscal year 2008 grant
agreement amendment with Miami-Dade County's Department of Housing and
Community Development (DHCD) for the Murray Park Swimming Pool Design
Phase in the Amount of $90,463.00 to the Construction Phase of the Murray Park
Swimming Pool for a total Community Pool Construction Award in the amount of
$1,207,361.00 $1,207,374.00; and setting forth that all CDBG grant funding for the
Murray Park Swimming Pool will be combined with an extended expiration date of
December 31, 2011; and providing for an effective date.
WHEREAS, the City of South Miami was awarded a grant for Murray Park Pool
Design in the amount of $276,000.00 from Miami-Dade County's Department of Housing
and Community Development with a contract expiration date of December 31,2009; and
$185,537.00 was expended.
WHEREAS, the Mayor and City Commission is desirous of approving the
reallocation of the remaining balance ($90,463.00) of the grant agreement amendment
with Miami-Dade County Department of Housing and Community Development for the
Murray Park Pool Design Phase to the Construction Phase.
WHEREAS, the City of South Miami was awarded multiple grants for Murray
Park Pool from Miami-Dade County's Department of Housing and Community
Development to be combined into one contract.
WHEREAS, the City of South Miami was approved for a 12-month contract
extension in the form of a grant agreement amendment by Miami-Dade County's
Department of Housing and Community Development for the Murray Park Pool
Construction Phase through a grant agreement amendment; and
WHEREAS, the Mayor and City Commission wish to accept the grant agreement
amendment with Miami-Dade County's Department of Housing and Community
Development; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The Mayor and City Commission approve the reallocation of the
remaining balance of the grant agreement amendment with Miami-Dade County's
Department of Housing and Community Development for Murray Park Pool Design
Phase in the amount of $90,463.00 to the Murray Park Pool Construction Phase.
Section 2: The Mayor and City Commission approve the combination of all
previous funding (2008-2010) for the Murray Park Pool from Miami-Dade County's
Department of Housing and Community Development, including the above $90,463.00
reallocations from the Murray Park Pool Design Phase to Construction Phase, in the
Pg. 2 of Res. No. 279-10-13313
$1,207,374.00
total amount of $:1:,-281;361-.-88, into one contract with an extended expiration date of
December 31, 2011.
Section 3. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 1 3 , day of Dec. ,2010
ATTEST: APPROVED:
CITY CLERK MAYOR
Commission Vote: 5 -0
READ AN)! APPROVED AS TO FORM
AND S ','rCIENCY:
'.~ ?(
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Resolution Number # R-1222-07j R-1127-08j R-914-09j R-1284-09; and R-111-10
Duns Number #024628976
Awarded Amount $1,207.374
CDSG 2010
Municipalitiy
Combined FY 2008,2009 & 2010
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter referred to as "Agreement" or "Contracf'), by and between Miami-Dade County,
a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of South Miami,
hereinafter referred to as "Awardee" and having offices at 6130 Sunset Drive, South Miami, Florida 33143, and
telephone number of (305) 663-6345. states conditions and covenants for the rendering of Community, Economic or
Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of Housing
and Community Development hereinafter referred to as "DHCD," and having its prinCipal offices at 701 N.W. 1 Court,
14th Floor, Miami, Florida 33136, collectively referred to as the "Parties." This Agreement governs FY 2008, FY
2009 and FY 2010 Community Development Block Grant ("CDBG") funds and supersedes any and all prior
FY 2009 and FY 2010 CDBG contracts and amendments between the Parties.
WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and
welfare of the residents throughout the County and further provides that all functions not otherwise specifically
assigned to others under the Charter shall be performed under the supervision of the Miami-Dade County Mayor;
and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing
and Community Development Act of 1974, as amended, with the primary objective of promoting the development of
viable urban communities.
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous
of providing such activities; and
WHEREAS, the County has appropriated $1,207,374 of CDBG funds to the Activity Murray Park Aquatic
Center (to include Swimming Pool) -Construction Phase I located at 5800 SW 66th Street, South Miami,
Florida 33143. All CDBG funds, except those awarded to County Departments and Municipalities, will be
awarded in the form of a loan that is forgivable if the national objective is met pursuant to the terms and conditions
set forth herein, including but not limited to Section W(2)(a)(1 )-(2).
WHEREAS, the Awardee shall carry out the activities specified in Attachment A, "Scope of Services", in
Miami-Dade County or the focus area(s) of the county.
NOW. therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as
follows:
I. DEFINITIONS
DHCD
24 CFR Part 570 -CDSG
Community Development
Corporation
Local
Department of Housing and Community Development or its successor
Department.
Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended -Community
Development Block Grant.
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of low-and moderate-income area
residents and which is receptive to the needs expressed by the
community.
Having headquarters in Miami-Dade County or having a place of
business located in Miamj-Dade County from which the Contract or
Subcontract will be performed.
Low-and Moderate-Income
Individual or Family
Very Low Income Individual or
Family
Contract Records or Agreement
Records
Federal Award
Awardee
Property
Subcontractor or Subconsultant
Subcontract
II. THE AWARDEE AGREES:
A person or family whose annual income does not exceed 80%
of the median income for the area, as determined by HUD with
adjustments for smaller and larger families and with certain
. exceptions as provided in 24 CFR Part 570.
A person or family whose annual income does not exceed 50%
of the median income for the area, as determined by HUD with
adjustments for smaller and larger families and with certain
exceptions as provided in 24 CFR Part 570.
Any and all books, records, documents, information, data,
papers, letters, materials, electronic storage da-.l:I and media
whether written, printed, electronic or electrical, however
collected, preserved, produced, developed, maintained,
completed, received or compiled by or at the direction of the
Awardee or any subcontractor in carrying out the duties and
obligations required by the terms of this contract, including but
not limited to financial books and records, ledgers, drawings,
maps, pamphlets, designs, electronic tapes, computer drives
and diskettes or surveys.
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 CDSG funds from Miami-Dade County.
The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any
real property of Awardee or Related or Affiliated Entities (as
defined herein) acquired or improved upon with funds awarded
pursuant to this Agreement or on which funds awarded
pursuant to this Agreement are anticipated to be used.
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 "A1) 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 DHCD's notification, the Awardee shall furnish to the Department's Community and
Economic Development Division (CEDD), 701 N.W. 1 Court, 14th floor, Miami, Florida 33136,
relevant certificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of
Service (Attachment A). The effective coverage start date of applicable insurances shall not be
later than the date of the Agreement execution and shall be approved by Miami-Dade County's
GSA Risk Management Division prior to any reimbursement being processed. All certificates and
insurance updates must identify the names of the Awardee and the Activity being funded through
this Agreement. The Awardee shall provide Builder's Risk Insurance andlor Flood Insurance (if
applicable) upon the issuance of the Notice to Proceed with an effective date for coverage
commencing on the Notice to Proceed date.
2
Any changes to the required insurance policies, including coverage renewals, must be submitted
to DHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty (60) calendar days after the Board of County Commissioners' approval,
the Awardee shall be in default of the terms and conditions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in
conjunction with this subsection remain in force for the duration of the Agreement period, including
any and all option years, if applicable. In the case of construction and major rehabilitation
activities, the Awardee must have the coverage cited in Attachment B-1 of this Agreement at the
time that it begins construction on the project. If the insurance certi~cates are scheduled to expire
during the Agreement period, the Awardee shall be responsible for submitting ne-,y or renewed
insurance certificates to the County at a minimum of thirty (30) calendar days before such
expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed
certificates are received by the County in the manner prescribed in the requirements; provided,
however, that this suspended period does not exceed thirty (30) calendar days. If such
suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the
Agreement. Prior to execution of the Agreement by the County and commencement of the
contracted services, the Awardee shall obtain all insurance required under this Section and submit
same to the County for approval. All insurance shall be maintained throughout the term of the
Agreement.
D. Indemnification
The County shall not assume any liability for the acts, omissions to act or negligence of the
Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own
acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this
Agreement. The Awardee shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, suits, caUSes of actions or proceedings
of any kind or nature arising out of, relating to or resulting from the performance of this Agreement
by the Awardee or its employees, agents, servants, partners principals or subcontractors. The
Awardee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits or actions of any kind or nature in the name of the County, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may
issue thereon. The Awardee expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the Awardee shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve
as a waiver of sovereign immunity by the County nor shall anything herein be construed as
consent by the County to be sued by third parties in any matter arising out of this Agreement. The
provisions of this section survive the termination or expiration of this Agreement.
E. National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be
required to achieve the national objective of Benefit to Low and Moderate Income Persons or
Households (LMI). (See Attachment B-2). Awardee shall execute and deliver to the County,
simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by
the County pursuant to this Agreement in the event that Awardee fails to meet the national
objective. Awardee understands that the County may be liable to the United States Department of
Housing and Urban Development ("HUDn) for repayment of the federal funds loaned to Awardee
pursuant to Ihis Agreement in the event that HUD determines that Awardee has failed to meet the
national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF
FUNDS, PURSUANT TO THIS AGREEMENT ANDIOR THE PROMISSORY NOTE, IN THE
EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL
OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment
of funds loaned to Awardee pursuant to this Agreement.
3
F. Documents and Reporting Requirements
The Awardee shall submit documents to DHCD or report on relevant information to DHCD as
described below or any provide any other documents in whatever form, manner, or frequency as
prescribed by DHCD. These will be used for monitoring progress, performance, and compliance
with this Agreement and for compliance with applicable County and Federal requirements.
1. Certificates of Insurance
The original to be received by DHCD within the first month of this Agreement period, and
submitted with each payment request, including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of
this agreement.
a. Worker's Compensation Insurance for all employees of the Awardee as required by
Florida Statute 440.
b. Public Liability Insurance on a comprehensive basis in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and property
damage. Miami-Dade County/DHCD must be shown as an additional insured with
respect to this coverage. The mailing address of the Department of Housing and
Community Development, as the certificate holder, must appear on the certificate of
insurance.
c. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles
used in connection with the Services, in an amount not less than $300,000 combined
single limit per occurrence for bodily injury and property damage.
d. Professional Liability Insurance in an amount not less than $N/A with a deductible
per claim not to exceed ten percent (10%) of the limit of liability.
2. Progress Reports
a. The Awardee shall submit a status report using the form attached hereto as
Attachment C, "Progress Report," as it may be revised by DHCD, which shall
describe the progress made by the Awardee in achieving each of the objectives
and action steps identified in Attachment A and Attachment A-1.
The Awardee shall ensure that DHCD receives each report in triplicate (or as
indicated) no later than April 10, 2010, July 10, 2010, October 9, 2010 and
January 8, 2011.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized
to fulfill the terms and conditions of this Agreement, Miami-Dade County
Resolution No. 1634-93 will apply to this Agreement. This resolution requires
the selected Awardees to file quarterly reports as to the amount of Agreement
monies received from the County and the amounts thereof that have been paid
by the Awardee directly to Black, Hispanic and Women-Owned businesses
performing part of the contract work.
Additionally, the listed businesses are required to sign the reports, verifying their
participation in the contract work and their receipt of such monies. For purposes
of applicability, the requirements of this resolution shall be in addition to any
other reporting requirements required by law, ordinance or administrative order.
The Awardee shall submit to DHCD a cumulative account of its activities under
this agreement by completing the following portions of the Progress Report
Form:
4
Section I • Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments and/or delays encountered
during the implementation of the project and an unduplicated count of clients
served during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation
projects shall report on the progress of their activities including the number of
housing units completed and occupied by low-moderate and low income
residents. The Awardee shall also report demographic information on each head
of household. Each goal and corresponding objective(s), as indicated in the
approved Scope of Services, must be addressed as part of this report.
Section II -Fiscal Information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income Usage for each contracted activity.
Section III -Contract and Subcontract Activity Repoct:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report) -The Awardee shall report to DHCD the number oJ business activities
involving minority vend~rs, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in
Attachment C, and when applicable Section 3 in the same Attachment shall be
completed semiannually by the Awardee and submitted to DHCD no later than
April 10, 2010 and October 9,2010.
Section IV -Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) -The Awardee shall report to DHCD the number of target and
service area reSidents who have received employment opportunities from
federally financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be submitted using
the Progress Report Form attached hereto as a Section in Attachment C, as it
may be revised. This section of the form shall be completed semiannually by the
Awardee and submitted to DHCD no later than April 10, 2010 and October 9,
2010.
The Awardee shall submit to the County, in a timely manner, any other
information deemed necessary by the County, and its presentation shall comply
with the format specified at the 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 DHCD no
later than the tenth (10th) business day of each month and shall address the
progress undertaken by the Awardee during the previous month. This Progress
Report shall not be required if the Awardee is submitting the Progress Reports
required by Section II, Paragraph F.2.a and Paragraph F.3.
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3. Annual Report (Fourth Quarter Progress Report)-The Awardee shall submit a cumulative
status report (hereinafter referred to as "An,nual Report") using the "Progress Report"
specified in Section II, Paragraph F.2.a. above, which shall describe the progress made
by the Awardee in achieving each of the National Objectives identified in Attachment A
during the previous year. The "Annual Report" must cover the COSG fiscal year of
January 1, 2010 through December 31, 2010 and shall be received by DHCO no later
than January 6, 2011.
4. Environmental Review -The Awardee immediately upon locating or determining a site for
each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall
submit information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D, "Information for Environmental Review Form."
Notwithstanding any provision of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or
site approval, and that such commitment of funds or approval may occur only uRon
satisfactory completion of environmental review and receipt by the County of a
release of funds from the U.S. Department of Housing and Urban Development
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 DHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any
non-compliance issues stated in the audit, and a written statement from the Auditor that
the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and
OMSA-133.
6. Personnel Policies and Administrative Procedures -The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure,
property management and procurement policies and procedures, personnel
management, accounting policies and procedures, etc. Such information shall be
submitted to DHCO 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 CDSG 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 shalf report to DHCD information relative to the
equality of employment opportunities whenever so requested by OHCO.
9. Disclosure of Related or Affiliated Parties
At the time of contract execution, or at any other time at the request of the County,
Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated
Parties shall mean persons, corporations, partnerships, or other business entities (a)
which have a direct or indirect ownership interest in Awardee, (b) which have a parent or
principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose
members apPOinted by Awardee, or (d) which the County deems in its sole discretion to
be a Related or Affiliated Party of Awardee. The Awardee shall report this information to
the County upon forming the relationship or, if already formed, shall report it immediately.
Any supplemental information shall be reported quarterly in the required Progress Report.
This provision shall be construed broadly to the benefit of the County_ Non-compliance
with these requirements will be considered a default, which may result in the immediate
termination of the agreement, the recovery of the entire funding award, and the
disqualification of funding through OHCO for a period of three years.
10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal Property
Awardee shall notify the County in writing within ten (10) days of the occurrence of any of
the following as to Awardee or any Related or Affiliated Parties:
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a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default,
late payment regarding any property of Awardee or Related or Affillated Parties, including
properties not related to this Agreement. Awardee shall also provide the County with a
copy of all court filings, notices of default, arrearage or late payment, or any other
documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the
County.
c. Any default or arrearage on any loan, Note or other debt or obligation for
which the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution.
reorganization. apPOintment of a trustee or receiver.
e. Any action, activity. facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and
shall entitle the County to seek any and all remedies available at law, equity and
pursuant to this Agreement.
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal Agreement, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative Agreement, and the extension,
continuation, renewal, amendment, or modification of any federal Agreement, grant, loan,
or cooperative Agreement.
2. The Awardee shall disclose to DHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant. loa(" or cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
The Awardee agrees to abide by Chapter II-A, Code of Miami-Dade County ("County
Code"), as amended, applicable to non-discrimination in employment. housing and public
accommodation.
Rules, Regulations and Licensing Requirements
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 familiar with all Federal, State and local laws,
ordinances, codes, rules and regulations that may in any way affect the goods or services
offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity"
and as amended by Executive Order No. 11375, as supplemented by the Department of
Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations. the Rehabilitation Act of 1973, as amended. Chapter 553 of
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Florida Statutes and any and all other local, State and Federal directives, ordinances,
rules, orders, and laws relating to people with disabilities. The Awardee will also comply
with OMB A-122, OMB A-110, OMB A-21 , OMB A-133, and with the applicable
procedures specified in DHCD's Contract Compliance Manual, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be
revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil
Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of race,
color, religion, sex, or national origin; Executive Order 11246, as amended which requires
equal employment opportunity; and with the Energy Policy, amended and Conservation
Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy
efficiency.
The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A-
60 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 V.S.C. 1857
h), as amended; the Federal Water Pollution Control Act (33 V.S.C. 1251), as amended;
Section 508 of the Clean Water Act (33 V.S.C. 1368); Environmental Protection Agency
regulations (40 CFR Part 15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act -The AWardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
DHCD.
5. Americans with Disabilities Act (ADA) of 1990 -The Awardee shall attest to; and submit
the required Disability Non-discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below including but not limited to, those provisions
pertaining to employment, provisions and program services, transportation,
communications, access to facilities, renovations, and new construction.
6. Affirmative Action/Non-Discrimination of Employment. Promotion, and Procurement
Practices (Ordinance #98-30) -All firms with annual gross revenues in. excess of $5
million, seeking to contract with Miami-Dade County shall, as a condition of award, have a
written Affirmative Action Plan and Procurement Policy on file with the County's
Department of Business Development. Said firms must also submit, as a part of their
proposalsfbids to be filed with the Clerk of the Board, an appropriately completed and
signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are exempt from this
requirement and must submit, in writing, a detailed listing of their Boards of Directors,
showing the race or ethnicity of each board member, to the County's Department of
Business Development. Firms claiming exemption must submit, as a part of their
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall
be subject to periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women-owned
businesses.
It will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compliance with the Ordinance. Those firms
that do not exceed $5 million annual gross revenues must clearly state so in their
bid/proposal.
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Any bidderlrespondenl which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for award by the
Board of County Commissioners.
7. Domestic Violence Leave Affidavit -Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-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 durlng each of twenty (20) or more calendar work weeks in the current or
preceding calendar year. In accordance with Resolution R-185-00, the obligation to
provide domestic violence leave to employees shall be a contractual obligation. The
County shall not enter into a contract with any firm that has not certified its compliance
with the Domestic Leave Ordinance. Failure to comply with the requirements of
Resolution R-185-00, as well as the Domestic leave Ordinance may result in the contract
being declared void, the contract being terminated and/or the firm being debarred.
8. Code of Business Ethics -In accordance with Section 2-8.1 (1) of the Code of Miami-Dade
County each person or entitiy that seeks to do business with Miami-Dade County shall
adopt a Code of Business Ethics ("Code"} and shall submit an affidavit stating that the
Awardee has adopted a Code that complies wilh the requirements of Section 2-8.1 (i) of
the Miami-Dade County Code (Form A-12). Section 2-11.1(d) of Miami-Dade County
Code as amended by Ordinance 00-1, also requires any county employee or any member
of the employee's immediate family who has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
from competing or applying for any such contract as it pertains to this solicitation, must
first request a conflict of interest opinion from the County's Ethic Commission prior to their
or their immediate family member's entering into any contract or transacting any business
through a firm, corporation, partnership or business entity in which the employee or any
member of the employee's immediate family has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
and that any such contract, agreement or business engagement entered in violation of
this subsection, as amended, shall render this Agreement voidable. For additional
information, please contact the Ethics Commission hotline at (305) 579-9093.
9. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133. Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of real property to a public entity; may not be awarded or perform work as a
Awardee. supplier, subcontractor, or consultant under a contract with any public entity;
and, may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017 for Category TWO ($10,000) for a period of thirty-six (36)
months from the date of being placed on the convicted vendor list. The Awardee warrants
and represents that it has not been placed on the convicted vendor list The Awardee
agrees that should Miami-Dade County discover that the Awardee's representations
regarding the list are false, this Agreement shall be terminated on the discretion of Miami·
Dade County. Further, should the Awardee be placed on the list at any time during this
Agreement Miami-Dade County shall have the right to terminate this agreement
10. Criminal Conviction -Pursuant to Miami-Dade County Ordinance No. 94-34. "Any
individual who has been convicted of a felony during the past ten years and any
corporation, partnership, joint venture or other legal entity having an officer, director, or
executive who has been convicted of a felony during the past ten years shall disclose this
information prior to entering into a contract with or receiving funding from the County."
Failure of the Awardee to disclose this information as required may lead to the
termination of this agreement by Miami-Dade County.
If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the
Awardee, is found by the responsible enforcement agency. the Courts or the County to be
in Violation of the Acts, the County will conduct no further business with Awardee. Any
9
contract entered into based upon a false affidavit, as listed below. and submitted pursuant
to this resolution shall be voidable by the County:
1. Miami-Dade County Ownership Disclosure Affidavit
2. Miami-Dade Employment Family Leave Affidavit
3. Miami-Dade Employment Drug-Free Workplace Affidavit
4. Miami-Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
8. Related-Party Disclosure Information
9. Miami-Dade County Affidavit 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 Title
I, Employment; Title If, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV. Telecommunications; and Title V,
Miscellaneous Provisions.
2. The Rehabilitation Act of 1973,29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended. 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement. the Awardee I Department agrees to
comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503. and 24 CFR Part 570,
Subpart K, including the following:
Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order
11063.
Section 109 of the Housing and Community Development Act.
Labor standards.
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub reCipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
11. National Objective
Awardee must achieve the following national objective;
To benefit low-and moderate-income persons;
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1. For activities designed to meet the national objective of benefit to low-and
moderate-income persons, the Awardee shall ensure and maintain
documentation, acceptable to DHCD in its sole discretion, that conclusively
demonstrates that each activity assisted in whole or in part with CDBG funds is
an activity which provides benefit to persons where no less than 51 % of of those
benefitted are low-and moderate-income persons.
2. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and
shall carry out each activity in compliance with all applicable federal laws and
regulations described therein. If the Awardee is a primarily religious entity, it
shall comply with all provisions of 24 CFR 570.200 0).
3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies
concerning the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been Identified, the Awardee shall obtain,
immediately after a site is identified by the Awardee, DHCD's written
environmental clearance statement and shall agree in writing to comply with any
and all requirements as may be set forth in the Site Environmental Clearance
Statement.
5. The Awardee shall cooperate with DHCD in informing the appropriate CDBG
citizen participation structures, including the appropriate area committees, of the
activities of the Awardee in adhering to the provisions of this Agreement.
Representatives of the Awardee shall attend meetings of the appropriate
committees and citizen participation structures, upon the request of the citizen
participation officers, DHCD, or the County.
6. The Awardee shal.1 make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with DHCD in
informing the appropriate CDBG citizen participation structures, including the
appropriate area committees, of the activities of the Awardee in adhering to the
proviSions of this Agreement. Representatives of the Awardee shall attend
meetings of the appropriate committees and citizen participation structures,
upon the request of the citizen participation officers, DHCD, or the County.
7. For activities involving acquisition, rehabilitation and/or demolition of property
and which require the relocation of families, individuals, businesses and/or
industries, the Awardee shall submit a written notification to the Community
Outreach and Real Estate Section of DHCD prior to relocating, evacuating,
and/or dispersing any and all legal occupants who reside' at this property on the
basis of a long or short term lease. When the legality of an occupant (individual,
family, business, and/or industry) is in question, the Awardee shall contact the
above mentioned unit prior to making a determination. Awardees receiving
CDSG funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules and
regulations of the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970. as amended.The Awardee shall adopt Affirmative Marketing
Procedures and reqUirements for CDBG assisted projects. These procedures
must consist of actions to provide information and attract eligible persons from
all racial, ethnic and gender groups to the available services. The Awardee shall
annually assess its affirmative marketing program to determine if the procedures
11
used to comply with the requirements specified in Public law 88-352 and Public
Law 90-284 successfully meet these requirements. The Awardee shall submit to
DHCD its Affirmative Marketing Plan no later than 60 days from the date this
Agreement is executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding his compliance with the national objective, and DHCD
will have the right to monitor the activity.
9. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
!. Conflicts with Applicable laws
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted jf modification is impossible.
However, the obligations under this Agreement, as modified, shall continue and all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J. Board of Directors
If the Awardee is a Community Development Corporation (CDC), DHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shall not be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall:
1. Contact the DHCD representative noted in Section IV, Paragraph M of this Agreement,
prior to taking any action, to schedule a meeting to receive compliance information.
2. Comply with the Awardee's procurement and pre-award requirements and procedures
which, at a minimum, shall adhere to all applicable federal standards.
3. Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act; Contract Work Hours
and Safety Standards Act; and Lead-Based Paint Poisoning Prevention Act as amended
on September 15, 1999; and other related acts, as applicable.
4. Submit to DHCD for written approval aU proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
5. Submit to DHCD all construction plans and specifications and receive DHCD's approval
prior to implementation.
6. Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, DHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is
determined by DHCD, in its sole discretion, to be seventy~five percent (75%)
completed, At the time that the construction work is determined by DHCD to be
seventy~five percent complete, the retainer will be reduced to 5% until the work is
completed, Completion shall occur when a Certificate of Occupancy is issued.
7. The County shall have the fight to assign the Professional Services and Technical
Assistance (PSTA) Unit of the Department of Housing and Community Development to
assist the project if the County's staff determines that the Awardee has been unable to
consistently achieve the work and units described within the time frames of the action
step format of this agreement. Such involvement will result in a reduction of a maximum
of 5% of the Agreement's award to cover the cost of the technical assistance. The
Awardee shalf cooperate and comply with all requests made by the PSTA.
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8. Execute and record, at the County's request, any of the following documents in order to
ensure the Property is used as defined and described in Attachment A of this
Agreement:
a. Promissory Note
b. Mortgage
c. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
L Audits and Records
1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB A-133.
Nonprofit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program-specific audit performed, in accordance
with OMS A-133. Awardees who will be receiving, or who have received, federal awards
for loans or loan guaranteed programs may be required to conduct audits of those
programs in accordance with regulations of the federal agencies providing those
guarantees or loans.
2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMS A-133, although their
records must be available for review (e.g., inspections. evaluations). Such agencies that
receive less than $500,000 in combined Federal awards must submit to the County
annual compilation reports that describe their performance. To achieve uniformity
regarding the reporting format, such documents must comply with the accounting industry
standards by communicating an independent accountant's (1) expression of limited
assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic
procedures (Review Report); (2) results of procedures performed (Agreed-Upon
Procedures Report); (3) non-expression of opinion or any form of assurance on a
presentation in the form of financial statements information that is the representation of
management (Compilation Report); or (4) an opinion on an assertion made by
management in accordance with the Statements on Standards for Attestation
Engagements (Attestation Report).
3. When the requirements of OMS A-133 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all
program generated income and its disposition, especially attributable to CDSG funds, an
internal control review, and a compliance review as described in OMS A-133. A copy of
the audit report in triplicate must be received by DHCD no later than six months following
the end of the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMS A-
133 do not apply the Awardee may choose to have an audit performed either on the
basis of the Awardee's fiscal year or on the basis of the period during Which DHCD-
federal assistance has been received. In either case, each audit shall cover a time period
of not more than twelve (12) months and an audit shall be submitted covering each
assisted period until all the assistance received from this Agreement has been reported
on. Each audit shall adhere to all other audit standards of OMS A-133, as these may be
limited to cover only those services undertaken pursuant to the terms of this Agreement.
A copy of the audit report in triplicate must be received by DHCD no later than six months
following each audit period.
5. The Awardee shall maintain all Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by the County
pursuant to the terms of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement.
13
7. The Awardee shall ensure that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8. The Awardee shall include in all DHCD approved subcontracts used to engage
subcontractors to carry out any eligible sUbstantive programmatic services, as such
services are described in this Agreement and defined by DHCD, each of the record-
keeping and audit reqUirements detailed in this Agreement. DHCD shalt, in its sole
discretion, determine when services are eligible substantive programmatic services and
subject to the audit and record-keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's
expense. The Awardee shall provide access to all of its records, which relate directly or
indirectly to this Agreement at its place of business during regular business hours. The
Awardee shall retain all records pertaining to this Agreement and upon request make
them available to the County for three years following expiration of the Agreement. The
Awardee agrees to provide such assistance as may be necessary to facilitate the review
or audit by the County to ensure compliance with applicable accounting and financial
standards.
10. The Awardee shall ensure that its auditors share their audit results with must submit the
audit report to DHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the
Commission Auditor to aU financial and performance related records, property, and
eqUipment purchased in whole or in part with government funds. The Awardee agrees to
maintain an accounting system that provides accounting records that are supported with
adequate documentation, and adequate procedures for determining the allow ability and
allocability of costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami~Dade County with a function or activity
involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or
Protected Health Information (PHI) shall comply with the Health Insurance Portability and
Accountability Act (HIPM) of 1996 and the Miami-Dade County Privacy Standards Administrative
Order. HIPM mandates privacy, security and electronic transfer standards including but not
limited to:
1. Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non~permitted disclosures;
3. Reporting to Miami-Dade County of any non-permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions
and conditions that apply to the Contractor and reasonable assurances that
IIHI/PHI will be held confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7. Making PHI available to Miami-Dade County for an accounting of disclosures;
and
8. Making internal practices. books and records related to PHI available to Miami-
Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and/or electronic transfer of data). The Contractor must give its customers written notice
14
of its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retention of Records
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-COBG assisted activities, the Retention Period shall begin upon the
expiration or termination of this Agreement.
b. For COBG assisted public service activities, the Retention Period shall begin
upon the date of U.S. HUO's acceptance of OHCO'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 COBG assisted activities, the Retention Period shall begin upon
U.S. HUO's acceptance of OHCO's annual Grantee Performance Report in which
each assisted activity is reported on for the final time. For all the COBG assisted
activities covered by this Section If, Paragraph 1.1.c., the Awardee must retain
all Agreement records except those relating to real and nonexpendable personal
property.
d. For all COBG assisted activities, the Retention Period for all Agreement records
relating to real and nonexpendable personal property shall begin upon the date
of the final disposition of the property.
2. If the County or the Awardee have received or given notice of any kind indicating any
threatened or pending litigation, claim or audit arising out of the services provided
pursuant to the terms of this Agreement. the Retention Period shall be extended until
such time as the threatened or pending litigation. cl~im or audit is, in the sole and
absolute discretion of OHCO, fully, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County full access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify OHCO in writing, both during the pendency of this Agreement
and after its expiration as part of the final closeout procedure, of the address where all
Agreement records will be retained.
5. The Awardee shall obtain written approval of OHCO prlor 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 OHCO, upon request, all Agreement records. These
records shall become the property of OHCO without restriction, reservation, or limitation
of their use. OHCO shall have unlimited rights to all books, articles, or other
copyrightable materials developed for the purpose of this Agreement. These unlimited
rights shall include the rights to royalty-fees; nonexclusive, and irrevocable license to
reproduce, publish. or otherwise use, and to authorize others to use, the information for
public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies, and those agencies issue monitoring reports, regulatory examinations, or other
similar reports, the Awardee shall provide a copy of each report and any follow-up
communications and reports to OHCO 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.
15
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense, the
disclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement, the Awardee will not use directly or indirectly for itself
or for others, or publish or disclose to any third party, or remove from the County's
property, any computer programs, data compilations, or other software which the County
has developed, has used or is using, is holding for use, or which are otherwise in the
possession of the County (hereinafter "Computer Software"). All third-party license
agreements must also be honored by the Awardees and their employees, except as
authorized by the County and, if the Computer Software has been leased or purchased by
the County, all hired party license agreements must also be honored by the Awardees'
employees with the approval of the lessor or Awardees thereof. This includes mainframe,
minis, telecommunications, personal computers and any and all information technology
software.
The Awardee will report to the County any information discovered or which is disclosed to
the Awardee which may relate to the improper use, publication, disclosure or removal
from the County's property of any information technology software and hardware and will
take such steps as are within the Awardee's authority to prevent improper use, disclosure
or removal.
3. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof
furnished by the County to the Awardee hereunder or furnished by the Awardee to
the County andlor created by the Awardee for delivery to the County, even if
unfinished or in process, as a result of the Services the Awardee performs in
connection with this Agreement, including all copyright and other proprietary rights
therein, which the Awardee as well as its employees, agents, subcontractors and
suppliers may use only in connection of the performance of Services under this
Agreement. The Awardee shall not, without the prior written consent of the County,
use such documentation on any other project in which the Awardee or its employees,
agents, subcontractors or suppliers are or may become engaged. Submission or
distribution by the Awardee to meet official regulatory requirements or for other
purposes in connection with the performance of Services under this Agreement shall
not be construed as publication in derogation of the County's copyrights or other
proprietary rights.
b) All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee
and its subcontractors specifically for the County, hereinafter referred to as
"Developed Works" shall become the property of the County.
c) Accordingly. neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The
Developed Works may not be utilized, reproduced or distributed by or on behalf of
the Awardee, or any employee, agent, subcontractor or supplier thereof, without the
prior written consent of the County, except as required for the Awardee's
performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all
proprietary rights in and to all Licensed Software provided hereunder, that have not
been customized to satisfy the performance criteria set forth in the Scope of
Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall
require that its subcontractors and suppliers grant, if the County so desires, a
perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose
and/or permit any other person(s) or entity(ies) to use all such Licensed Software and
the associated specifications, technical data and other Documentation for the
operations of the County or entities controlling, controlled by, under common control
with, or affiliated with the County, or organizations which may hereafter be formed by
16
or become affiliated with the County. Such license specifically includes. but is not
limited to. the right of the County to use and/or disclose, in whole or in part. the
technical documentation and Licensed Software. including source code provided
hereunder. to any person or entity outside the County for such person's or entity's
use in furnishing any and/or all of the Deliverables provided hereunder exclusively for
the County or entities controlling. controlled by, under common control with, or
affiliated with the County. or organizations which may hereafter be formed by or
become affiliated with the County. No such license Software, .specifications, data,
documentation or related information shall be deemed to have been given in
confidence and any statement or legend to the contrary shall be void and of no effect
P. Audits and Inspectors General
NothIng in this Agreement shall impair any independent right of the County to conduct audit Of
investigate activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Awardee or third parties.The provisions in
this section shall apply to the Awardee. its officers, agents, employees, subcontractors, suppliers
and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all
subcontracts and all other Agreements executed by the Awardee in connection with the
performam,-e of the Agreement.
Miami-Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami-Dade County, as amended, Miami-Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the
total contract amount which cost shall be included in the total proposed amount. The audit cost
will be deducted by the County from progress payments to the selected Awardee. The audit cost
shall also be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not
apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts
for financial advisory servIces; (d) auditing contracts; (e) facility rentals and lease agreements; (f)
concessions and other rental agreements; (g) insurance contracts; (h) revenue-generating
contracts; (I) contracts where an IPSIG is assigned at the time the contract is approved by the
Commission; (j) professional service agreements under $1,000; (k) management agreements; (I)
small purchase orders as defined in Miami-Dade County Administrative Order 3~2; (m) federal,
state and local government-funded grants; and (n) interlocal agreements. Notwithstanding the
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 exempted contract at the time of
award.
Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG
retained by the Inspector General, the Awardee shall make all requested records and documents
available to the Inspector General or IPSIG for inspection and copying. The Inspector General and
IPSIG shall have the right to inspect and copy all documents and records in the Awardee's
possession, custody or control which. in the Inspector General or IPSIG's sole jUdgment, pertain to
performance of the Agreement, including, but not limited to original estimate files, worksheets,
proposals and Agreements from and with successful and unsuccessful subcontractors and
suppliers, all project-related correspondence, memoranda. instructions, financial documents,
construction documents, proposal and Agreement documents, back-charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds,
rebates, or dividends received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
17
Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the
County, the Awardee shall make available to the IPSIG retained by the County, all requested
records and documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the payment of these IPS1G services. and under no circumstance
shall the Awardee's prices and any changes thereto approved by the County. be inclusive of any
charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee,
its officers. agents, employees, subcontractors and assignees. Nothing contained in this provision
shall impair any independent right of the County to conduct an audit or investigate the operations,
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from DHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein
COBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to DHCO at least thirty (30) days prior to the start date of
the agreement. DHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
DHCD of such agreement Of 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 non expendable 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 !I. 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 OHCO and other persons duly authorized by DHCD to inspect aU
Agreement records, facilities, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews. OHCO will deliver to the Awardee a report of its findings, and the Awardee
18
will rectify all deficiencies cited by DHCD within the specified period of time set forth in the report,
or provide DHCD with a reasonable justification for not correcting the deficiencies. DHCD will
determine, in its sole and absolute discretion, whether or not the Awardee's justification is
acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by DHCD
in its report.
S. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public
Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently
has no financial interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services requried under this Agreement.
The Awardee further covenants that in the performance of this Agreement no person having such
a financial interest shall be employed or retained by the Awardee hereunder. These conflict of
interest provisions apply to any person who is an employee, agent, consultant, officer, or elected
official or appointed official of the County. or of any designated public agencies or subrecipients
which are receiving funds under the CDBG Entitlement program. The Awardee certifies and
represents that no officer, director, employee, agent, or other consultant of the County or a
member of the immediate family or household of the aforesaid has directly or indirectly received or
been promised any form of benefit, payment or compensation, whether tangible or intangible, in
connection with the grant of this Agreement.
The Awardee shall abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict
of Interest Ordinance), as amended, which is incorporated herein by reference as jf fully set forth,
in connection with its Agreement obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party
that are covered by the above standards. The Awardee shall make such disclosure in writing to
DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to DHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board
members, and list of all business associations with the following documents:
» Original Agreement Of its subsequent amendments. » Requests for budget revisions. » Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement, which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through DHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the
County, or of the State of Florida (including elected and appointed members of the
legislative and executive branches of government), or a member of the immediate
family or household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
Ii} is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
19
affiliate of the Awardee shall have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County,
in its sale discretion, may consent in writing to such a relationship, provided the
Awardee provides the County with a written notice, in advance, which identifies all the
individuals and entities involved and sets forth in detail the nature of the relationship
and why it is in the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a conflict of interest as set forth
above and acquires information which may indicate that there may be an actual or
apparent violation of any of the above, Awardee shall promptly bring such information
to the attention of the County's Project Manager. Awardee shall thereafter cooperate
with the County's review and investigation of such information, and comply with the
instructions Awardee receives from the Project Manager in regard to remedying the
situation.
T. Intentionally Left Blank
20
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 HOllsing 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, aU posted signs, pamphlets, wall plaques, cornerstones, dedications, notices,
flyers, brochures, news releases, media packages, promotions, and stationery. The use of the
official County logo is permissible. The Awardee shall ensure that all media representatives, when
inquiring about the activities funded by this Agreement, are informed that the County and US HUD
are the funding sources. The Awardee shall notify the County of all events and activities involving
the Project ten (10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CEDD Project Manager at the Department,
must be notified in order to request the project sign from Miami-Dade County General Services
Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD Project
Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee
is responsible for aU costs for replacing any amended, lost, defaced or missing sign. The sign
shall remain on the premises at least ninety (90) days after the issuance of the Certificate of
Occupancy (CO) or Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.
Payment for furnishing, installing and maintaining the sign shall be under the bid amount for
mobilization.
v. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feaSible, these businesses shall be located in or owned by
residents of the Community Development areas designated by DHCD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas
be provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below:
1. The work to be performed under this Agreement is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3, shall, to the greatest extent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part
135, which implement Section 3. As evidenced by their execution of this Agreement, the
parties to this Agreement certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the Awardee's
commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
21
location of the person(s) taking applications for each of the positions; and the anticipated
date the work shall begin.
4. The Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training
positions, that are filled (1) after the Awardee is selected but before the Agreement is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default. and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section
7(b) requires that to the greatest extent feasible (I) preference and opportunities for
training and employment shall be given to Indians, and (il) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this Agreement that are subject to the provisions of
Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
8. Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject
to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a
detailed statement of their policies and procedures for awarding subcontracts which:
a)
b)
c)
d)
e)
notifies the broadest number of local subcontractors of the opportunity to be
awarded a subcontract;
invites local subcontractors to submit bids/proposals in a practical, expedient way;
provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a
statement of their subcontracting policies and procedures (see Attachment G). The County wlll not
execute this Agreement with Awardees who fail to provide a statement of the Subcontractors
Policies and Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it
appears to the County. in its discretion and authority, that the subcontract will delay, prevent, or
otherwise impair the performance of the Awardee's obligations under this Agreement.
W. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
22
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights.
c. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integra! part of
a structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or DHCD in whole or in part with CDBG funds received from DHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDSG national objectives until five
(5) years after the expiration or termination of this Agreement, or for
such longer period of time as determined by DHCD in its sole and
absolute discretion; or
2) Not used to meet one of the three (3) CDSG National Objectives. In the
event the property is no! used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement
or such longer period as determined by DHCD, the Awardee shall, in
the sole discretion of DHCD, either pay to DHCD an amount equal to
the market value of the property as may be determined by DHCD in its
sole and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to DHCD at no
cost to DHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
b. Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from DHCD for $25,000 or less shall be
disposed of, at the expiration or termination of this Agreement, in accordance
with instructions from DHCD.
c. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with DHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from DHCD, shall be listed in the
property records of the Awardee and shall include a legal description; size; date
of acquisition; value at time of acquisition; present market value; present
condition; address or location; owner's name if different from the Awardee;
information on the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent streets and
roads. The property records shall describe the programmatic purpose for which
the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic
purpose for which the improvements were made and identify the CDSG 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
CDSG award with DHCD within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of the CDSG
award forthe project and termination of this agreement.
e. AU real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to DHCD. This report shall include the elements listed
in Paragraph W.2.c., above.
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Nothing in this section shall be construed to limit the County's right to collect from
Awardee the entire amount of CDBG funds awarded pursuant to this Agreement in the
event Awardee fails to meet a national objective.
3. Inventory -Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered
to the County. A capital item shall be defined as an item that: (1) has a service life in
excess of one year; (2) is either complete within itself or is a major component of another
item of property; (3) by definition cannot be described either as supplies or materials;
(4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more.
Awardee shall notify the County immediately upon acquiring any capital items with funds
allocated in this Agreement
The County shall allow the Awardee to retain possession of capital eqUipment after
expiration of thiS Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents
of title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with DHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number; date of acquisition;
funding source; unit cost at the time of acquisition; present market value;
property inventory number; information on its condition; and information on
transfer, replacement, or disposition of the property.
b. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with DHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to DHCD.
The inventory report shall include the elements listed in Paragraph W.3.a.,
above.
c. Title (ownership) to all nonexpendable personal property purchased in whole or
in part with funds given to the Awardee pursuant to the terms of this Agreement
shall vest in the County and DHCD.
5. The Awardee shall obtain prior written approval from DHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property
purchased or improved in whole or in part with funds given to the Awardee or
subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all
such property in accordance with instructions from DHCD. Those instructions may require
the return of all such property to DHCD.
x. Program Income
1. Program Income as defined in 24 CFR Part 570.500 means gross income received by the
Awardee directly generated from activities supported by CDBG funds. When Program
Income is generated by an activity that is only partially assisted with CDBG funds, the
income shall be prorated to reflect the percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use Program Income to pay for charges
or expenses that are specifically not allowed pursuant to the terms of this Agreement and
applicable federal regulations or rules, or any County rules or ordinance.
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a. The Awardee shall comply with the Program Income provisions in DHCD's
Contract Compliance Manual. If any Program Income provisions of the Contract
Compliance Manual conflict with any Program Income provisions of this
Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to DHCD all cumulative Program Income generated
from activities financed in whole or in part by funds from this Agreement, for as
fong as it receives andlor has control over Program Income generated from this
and any previous Agreements with DHCD. This information. along with a check
payable to Miami-Dade County for the generated Program Income. must be
submitted quarterly as part of the Fiscal Section of the Awardee's Progress
Report as outlined in Section II. Paragraph F.2.a. The County may in its sole
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
DHCD a written explanation of the activities to be assisted with Program Income
and shall obtain DHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Subject to the limitations set forth in this Agreement, the Awardee may use
Program Income to fund any CDBG eligible activity as provided for and defined
by 24 CFR Part 570 et.seq.
e. Program Income from a revolving loan activity must be used only for the same
revolving loan activity.
f. Program Income from a revolving loan activity, such as loan repayments,
interest earned, Jate fees, and investment income, shan be substantially
disbursed to eligible loans, loan-related programmatic costs, and operational
costs for the same revolving loan activity before the Awardee may request
additional CDBG funds for that activity.
g. All Program Income from nonrevolving loan activities shall be substantially
disbursed to carry out other DHCD approved CDBG eligible activities, and to
cover operational costs before requesting additional CDBG funds.
h. Any proceeds from the sale of property as detailed in Section II, Paragraph
W.4., above, shall be considered Program Income.
i. The Awardee shall obtain, as part of the required audit report, validation by a
certified auditor of all program generated income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shall transfer to the County any Program Income funds on hand, and any
Program Income accounts receivable to any CDBG funded activities. DHCD may require
remittance of an or part of any Program Income balances (including investments thereof)
held by the Awardee (except those needed for immediate cash needs, cash balances of
revolving loan fund, cash balances from a lump sum drawdown, or cash or investments
held for Section 108 security needs).
4. DHCD, in its sale and absolute discretion, reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses
shall conform to the requirements of DHCD's Contract Compliance Manual.
Z. Subcontracts and Assignments
1. Unless 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
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the prior consent of the County may result in termination of the Agreement for breach.
When Subcontracting is allowed, the Awardee shall comply with County Resolution No.
1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at https:llwww.epls.gov/ Awardee
shall provide to DHCD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami-Dade County's debarred
Contractor's List; Awardee shall, at a minimUm, check at
http://www.miamidade.gov/sbafreports-debarment.asp to determine if a
person or entity is on Miami-Dade County's debarred contractor's list. Awardee
shalf provide DHCD with a printout copy of the site page that indicates the name
and the date it was checked.
b. Comply with aU CDBG requirements, as applicable, as weI! as the regulations
specified in DHCD's Contract Compliance Manual.
c. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval
that the County or DHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible SUbstantive programmatic service, as may be defined by
DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine
when services are eligible SUbstantive programmatic services and subject to the
audit and record-keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three
bids. Such competitive process shall be described in writing, approved by the
Board of Directors and· a copy of which submitted to DHCD. In such
circumstances that open, competitive bids are not feasible or that a minimum of
three bids are unobtainable, permiSSion to use other methods of award must be
requested in writing and approved by DHCD prior to the assignment or award of
subcontract. The Awardee agrees that no assignment or sub-contract will be
made or let in connection with the Agreement without the prior written approval
of DHCD, which approval shall not be unreasonably withheld, and that all such
sub-contractors or assignees shall be governed by the terms and intent of this
Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to SUbstantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
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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 wilhholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the ConSUltant in carrying out the Scope
of Services provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services.
4. The Awardee shall receive from DHCD written prior approval for any subcontract
engaging any party who agrees to carry out any substantive programmatiC activities as
may be determined by DHCD as described in this Agreement. DHCD's approval shall be
obtained prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from DHCD prior to either assigning or
transferring any obligations or responsibility set forth in this Agreement or the right to
receive benefits or payments resulting from this Agreement.
6. Approval by DHCD of any subcontract or assignment shall not wider any circumstance be
deemed to provide for the incurrence of any obligation by DHCD in excess of the total
dollar amount agreed upon in this Agreement.
7. If the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials, the Awardee shall provide the names of the
subcontractors and suppliers to DHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from DHCD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
M. Additional Funding
The Awardee shall notify DHCD of any additional funding received for any activity described in this
Agreement. Such notification shall be in writing and received by DHCD within thirty (30) days of the
Awardee's notification by the funding source.
BB. Method of Payment
The Awardee shall be paid as described below;
1. The Awardee shall be paid for those expenses allowed pursuant to the prOVISions
provided below only when the Awardee submits to DHCD adequate proof, as determined
by DHCD in its sole discretion, that the Awardee has incurred the expenditures. It shall be
presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to DHCD canceled checks or original invoices approved by the
Awardee's authorized representative. When original documents cannot be presented, the
Awardee must adequately justify their absence in writing and furnish copies of those
documents to DHCD. The Awardee shall be paid only for those expenditures contained
within Attachment B, "Budget," to this Agreement as it may be revised with the prior
written approval by DHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to DHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to DHCD, along with all original invoices, copies of front and
back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from
alII subcontractorsand suppliers, and all final approved permits, for payment within 30
days after the month in which the expenditures were incurred. Failure to comply will result
in rejection of invoices.
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3. In no event shall the County provide advance CDBG funding to the Awardee or to any
subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by DHCD of all reports and documents which the Awardee is required to
submit to DHCD pursuant to the terms of this Agreement or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that accompanies the
action step chart in the scope of services. Payment is contingent on the achievement by
the Awardee of the quarterly accomplishment levels identified in the scope of services
portion of this agreement -Attachment A, which shall be submitted with all payment
requests and shall clearly identify the completed level of accomplishments met. This shall
also apply to soft costs associated with project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with DHCD and the County's Risk
Management Division. DHCD must receive the final request for payment from the
Awardee no more than thirty (30) calendar days after the expiration or termination of this
Agreement. If the Awardee fails to comply with this reqUirement, the Awardee will forfeit
all rights to payment(s) if DHCD, in its sole discretion, so chooses.
7. All monies paid to the Awardee which have not been used to retire outstanding
obligations of this Agreement must be refunded to DHCD in accordance with DHCD's
Contract Compliance Manual.
8. Any unexpended funds remaining after the completion of the services under this
Agreement. or after termination of this Agreement, shall be recaptured in full by the
County.
9. In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded
under this Agreement, Awardee agrees to and shall assign any proceeds to the County
from any Agreement between the County, its agencies or instrumentalities and the
Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a
controlling financial interest in order to secure repayment of this award. "Controlling
financial interest" shall mean ownership, directly or indirectly to ten percent or more of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm, partnership or other business entity.
CC. Reversion of Assets
The Awardee shall return to DHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which
are connected with the real property. In the case of activities involving real property, such
reserves shall not be distributed to any partner or subcontractor prior to repayment to DHCD of the
CDSG Loan. The Awardee shall at the request of the County execute any and all documents,
including but not limited to, mortgages securing the property, UCC finanCing statements,
and restrictive covenants, as required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event shall funds received pursuant to this
Agreement be used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain
legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
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3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
III. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions
contained within this Agreement in an amount not to exceed $1,207,374.
IV. THE AWARDEE AND DHCD AGREE:
A. Effective Date
B.
1. This Agreement shall begin on January 1, 2010. Any costs incurred by the Awardee prior
to this date will not be reimbursed by the County.
2. This Agreement shall expire on December 31, 2011. Any costs incurred by the Awardee
beyond this date will not be reimbursed by the County. The term of this agreement and
the provisions herein may be extended by the County to cover any additonal time period
during which the Awardee remains in control of the CDBG funds or other assests,
including Program Income to support CDBG eligible activites. Any extension made
pursuant to this paragraph shall be accomplished by a writing by the County to the
Awardee. Such notice shall automatically become a part of this Agreement.
3. This Agreement may, at the sale and absolute discretion of the County and DHCD,
remain in effect during any period that the Awardee has control over Agreement funds,
including Program Income. However, the County shall have no obligation or responsibility
to make any payment, except those described within Section II, Paragraph Y, or provide
any type of assistance or support to the Awardee if this Agreement has expired or been
terminated.
4. Management Evaluation and Performance Review
1.
The Department may conduct a formal management evaluation and performance review
of the Awardee, if in the Department's sale discretion it is deemed necessary and
applicable. The management evaluation shall reflect the Awardee's compliance with
generally accepted fiscal and organizational standards and practices. The performance
review should reflect the quality of service provided and the value received using
monitoring data, such as progress reports, site visits, and client surveys.
Default or Breach
The Awardee shall be in default or breach of this Agreement if any of the
following acts, omissions or conditions occur:
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Agreement.
b. Awardee fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requried
herein.
c. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sale
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of
29
Awardee or Related or Affiliated Party, including properties not related to this
Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its
sole discretion would materially impair performance by Awardee of all the terms
and conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1)-(2) of this Agreement.
C. Suspension
1. The County may suspend payment in whole or in part under this Contract by providing
written notice to the Awardee of such suspension and specifying the effective date
thereof, at least ten (10) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the
Awardee as conditions precedent to resumption of payments and shall specify a
reasonable date for compliance. The County may also suspend any payments in whole
or in part under any other Agreements entered into between the County and the Awardee.
The Awardee shall be responsible for all direct and indirect costs associated with such
suspension, including attorney's fees. Reasonable cause shall be determined by DHCD,
in its sole and absolute discretion, and may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of
its subcontractors;
b. Failure by the Awardee to materially comply with any term or provision of this
Agreement;
c. Failure by the Awardee to submit any documents required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
2. In the event of a default by the Awardee, DHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all of the activities funded by this Agreement.
3. DHCD will notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include
the reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by DHCD upon no less than ten
(10) working days notice when DHCD determines that it would be in the best interest of
DHCD and the County. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. In the event of termination, the County
may: (a) request the return of all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the Awardee with County funds under this Agreement; (b) seek reimbursement of
County funds allocated to the Awardee under this Agreement; and/or (c) terminate or
cancel any other Agreements entered into between the County and the Awardee. The
30
Awardee shall be responsible for all direct and indirect costs associated with such
termination, including attorney's fees.
2. Termination for Convenience
DHCD may terminate this Agreement, in whole part, when both parties agree that the
continuation of the activities would not produce beneficial results commensurate with the
further expenditure of funds. Both parties shall agree upon the termination conditions.
DHCD, at its sale 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, DHCD may terminate this
Agreement upon no less than twenty-four (24) hours written notification to the Awardee.
Said notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery. DHCD shall be the final authority to determine whether or not funds are
available. DHCD may at its discretion terminate, renegotiate and/or adjust the Agreement
award whichever is in the best interest of the County.
4. Termination for SUbstantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee may, at its discretion, request in
writing from the Director of DHCD a release from its contractual obligations to the County.
The Director of DHCD will review the effect of the request on the community and the
County prior to making a final determination.
5. Termination for Default or Breach
DHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
DHCD may terminate this Agreement, in whole or in part, when DHCD determines, in its
sole and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is no! materially complying with any
term or proviSion of this Agreement, DHCD may treat such failure to comply as a
repudiation of this Agreement;
7. Termination for Bankruptcy
The County reserves the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial
portion of the property of the Awardee under federal bankruptcy law or any state
insolvency law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by
written notice to the Awardee, terminate this Agreement upon no less than twenty-four
(24) hours notice. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of this
Agreement. The provisions herein do not limit the County's right to legal or equitable
31
remedies. The County may resort to any remedy for breach provided herein or at law,
including but not limited to, taking over the performance of the Services or any part
thereof either by itself or through others.
In the event the County shall terminate this Agreement for default or breach, the County
or its designated representatives, may immediately take possession of all applicable
equipment, materials, products, documentation, reports and data.
9. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
Agreement with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other Agreements which such
individual or other subcontracted entity has with the County. Such individual or entity shall
be responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting for
up to five (5) years.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a. lost revenues;
b. the difference between the cost associated with procuring Services hereunder and
the amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and
c. such other direct damages.
2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's
performance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a
court of appropriate jurisdiction. The Awardee shall be responsible for all direct and
indirect costs associated with such enforcement, including attorney's fees.
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Agreement, and
the County may withhold any payments to the Awardee until such time as the exact amount of
damages due the County is determined. The County may also pursue any remedies available at
law or equity to compensate for any damages sustained by the breach. The Awardee shall be
responsible for all direct and indirect costs associated with such action, including attorney's fees.
Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination.
DHCD shall be the sole judge of "reasonable, allowable costs." All compensation pursuant to this
Article is subject to an audit.
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F. Renegotiation, Modification and Right to Waive
1. Modifications of provisions of this Agreement shall be valid only when in writing and
signed by duly authorized representatives of each party. The parties agree to renegotiate
this Agreement if DHCD determines, in its sole and absolute discretion, that federal,
state, andlor County revisions of any applicable laws or regulations, or increases or
decreases in budget allocations malee changes in this Agreement necessary. DHCD
shall be the final authority in determining whether or not funds for this Agreement are
available due to federal, state andlor County revisions of any applicable laws or
regulations, or increases in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement for up to
one year beyond the current Agreement period and will notify the Awardee(s} in writing of
the extension. This Agreement may be extended beyond the initial year extension period
upon mutual agreement between the County and the Awardee(s}, upon approval by the
Director of the Department of Housing and Community Development.
3. DHCD may, for good and sufficient cause, as determined by DHCD in its sole and
absolute discretion, waive provisions in this Agreement or seele to obtain such waiver
from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any
waiver shall not be construed to be a modification of this Agreement.
4. DHCD's failure to exercise any of its rights under this Agreement, or OHCD's waiver of a
provision on anyone occasion, shall not constitute a waiver of such rights or provision on
any other occasion. No failure or delay by DHCD in the exercise of any right shall operate
as a waiver.
G. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply
with DHCD's Contract Compliance Manual. These revisions shall not require a Agreement
amendment unless the amount of this Agreement is changed or unless otherwise
required by DHCD. All budget revisions shall require the written approval of DHCD.
DHCD shall have no obligation to approve payment of expenditures incurred prior to the
approval of the budget revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
adVising of the funding reduction shall be sent by DHCD no later than 5 working days of
the action; written notification will constitute a Agreement amendment. The Awardee will
have five working days upon receipt of certified return receipt notification to submit a
revised budget reflecting funding adjustments. Should the modified budget not be
received within the specified time, DHCD will revise the budget at its discretion. DHCD in
its sole and absolute discretion will determine whether substantial reductions will
necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions
to the Scope of Services, when required, will be negotiated to the mutual satisfaction of
both parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives
are classified as noted in the Scope of Services shall not require a Agreement
amendment.
H. Compliance
This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect
during any period that the Awardee has control over Agreement funds, including Program Income.
However, the County shall have no obligation or responsibility to malee any payment or provide any
type of assistance or support to the Awardee if this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
33
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, duly approved and signed by both
parties and attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
I. Disputes
In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the
questions, including the views of all interested parties and the recommendation of DHCD, to the
County Manager for determination. The County Manager, or an authorized representative, will
issue a determination within thirty (30) calendar days of receipt and so advise DHCD and the
Awardee, or in the event additional time is necessary, DHCD will notify the Awardee within the
thirty (30) day period that additional time is necessary. The Awardee agrees that the County
Manager's determination shall be final and binding on an 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 State of Florida and any
proceedings arising between the parties, in any manner pertaining or relating to this Agreement,
shall, to the extent permitted by law, be held in Miami-Dade County, Florida.
M. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
34
TO AWARDEE:
COpy TO:
TO COUNTY:
COpy TO:
COpy TO:
COpy TO:
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Hector Mirabile, City Manager
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Attn: Alfredo Riverol, Chief Financial Officer
Miami-Dade County
111 N. W.1st Street
Miami, Florida 33128
Attn: County Manager
Department of Housing and Community Development
701 NW 1st Court. 14tH Floor
Miami, FL 33136
Attn: Rowena Crawford, Asssitant Director
Department of Housing and Community Development
701 NW 1st Court, 14tli Floor
Miami, Fl33136
Attn: Letitia S. Goodson, Project Manager
Assistant County Attorney
County Attorney's Office
111 N. W.1stStreet, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or
new address will be rendered in writing to the other party and said notification attached to originals
of this Agreement.
In the event that any of the information required by the provisions of this Article is changed by
either of the Parties after the execution of this Agreement, the affected Party shall give notice in
writing within five (5) days to the other Party of the amended pertinent information, which shall be
attached and incorporated into this Agreement.
N. Waiver of Trial
Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations,
services and representations herein, nor any assignee, successor, heir or personal representative
of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any
lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this
Agreement, or the dealings or the relationship between or among such persons or entities, or any
of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate
any such action in which a jury trial has been waived. The provisions of this paragraph have been
fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions.
No party has in any way agreed with or represented to any other party that the provisions of
this paragraph will not be fully enforced in all instances.
o. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement,
including any rights, title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
P. Third Parties
35
'"
This agreement is intended for the sole and exclusive benefit of the parties and is not intended to
benefit any third party nOf shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that any of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this
agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the
Awardee is only a recipient of funding support and is not an agent, employee, servant or
instrumentality of the County.
The Awardee is, and shall be, in the performance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or servant of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sole direction, supervision and control. The
Awardee shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects the Awardee's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees, servants or agents of
the County.
The Awardee does not have the power or authority to bind the County in any promise, Agreement
or representation other than specifically provided for in this Agreement.
S. All Terms and Conditions Included Conflict
This Agreement and its attachments as referenced (Attachment A -Scope of Services; Attachment
A1 -Action Steps; Attachment B -Budget; Attachment B-1 Idemnification and Insurance
Requirements; Attachment B-2 -CDBG Program Requirements; Attachment C -Progress Report
and Set-Up Forms; Attachment D -Information for Environmental Review; Attachment E -
Certification, Statements and Affidavits; Attachment F -Publicity, Advertisements and Signage;
Attachment G -Fair Subcontracting PoliCies; Attachment H -Subcontractor/Supplier Listing)
contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of
the parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents and/or agreements
governing this development, the terms, prOVisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review (SLR) determines the project's true gap financing
needs to be less than the maximum award allocated by the Board of County Commissioners, the
SlR amount shall prevail.
Any Awardee granted additional funding for a Project, shall be bound by the terms and conditions
of the subsequent funding award.
U. Interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the Singular, and pronouns shall be read as masculine, feminine
or neuter as the context requires,
36
V. Survival
The parties acknowledge that any of the obligations in this Agreement, including but riol limited to
the Awardee's obligation to indemnify the County, will survive the term, termination and
cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under
this Agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
W. Corporate Governance
A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as jf
fully set forth herein in connection with its contractual obligations hereunder.
37
IN WITNESS THEREOF, the parties hereto have Cf:lcre this Thirt~-. ht ( 8) page contract to be executed by their
undersigned officials as duly authorized, this It? day of . 0116.
AWARDEE: MIAMI-DA E COUNTY
City of South Miami
BY: BY:
NAME: NAME:
TITLE:
TITLE: City Manager
DATE: Qac...e..f'V'.\Pu ! 7: I d·olO
BY: ~,~
Maria M. Menendez edt ~I NAME
DATE
Witnesses:
BY:
.' , AssIstant
BY: Date
(Signature)
AIJIu!o R:v;xo \
Type or Print Name
Federal ID Number: 59-6000431
Resolution #:R-1222-07; R-1127-08; R-914-09; R-1284-09; and R-111-10
Awardee's Fiscal Year Ending Date: September 30th
CORPORATE SEAL:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
38
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
1. -ACTIVITY TITLE:
!DIS #:
fNDEXCODE:
RESOLUTION #:
DUNS#:
ACTIVITY/I
2. -ACTIVITY DESCRIPTION:
3.
4.
2a -Activity Category:
2b. -Objective:
2c. -Outcome:
-APPROVED BY BCC:
Other Funding Source and Amount:
• TOTAL PROJECT COST:
5. -HUD INFORMATION:
6.
7.
Sa. -HUD matrix code:
5b. -HUD Activity Type:
5c. -Eligibility
-ACCOMPLISHMENTS:
6a. -Number of Units:
6b. -Type:
-NATIONAL OBJECTIVE:
City of South Miami
FY 2010 Scope of Services
January 1,2009 -December 31, 2011
Murray Park Aquatic Center (to include Swimming Pool) -Construction
Phase I
3245
CD534C09CI; CD535C08CI; CD534C09CCI; CD535C08CI; and
CD536CIOCI
R-1222-07; R-1127-08; R-914-09; R.1284-09j and R-llI-IO
024628976
20051346
The commencement of construction of community swimming pool f
aquatic center which is located at Murray Park 5800 S. W. 66 th
Street, South Miami, FL 33143 in the South Miami NRSA. The
project will service no less than 4,000 low/moderate income
residents.
Capital Improvement
Suitable Living Environment
Sustain ability
Amount: $1,207,374 Source: CDBG FY: 2008,2009 &2010
South Miami CRA -$100,000
DHCD -Design Phase CDBG FY 2008 $276,000 (*includes the
reprogramming of the remaining funds ($90,463) from the design phase the
project)
$1,492,911
03F
Parks, Recreational Facilities
570.201 (c)
Public Facilities
Total # of LowlMod in Service Area:
570.208(a)(I) LMA
4,000
Census Tract: 76.03
Block Group: 03
8. -ACTIVITY ADDRESS: 5800 SW 66 th Street
South Miami, Fl::_~3-,-1,-4",-3 ________________ _
9. -LOCATION:
NRSA: South Miami
District 07
10. -LABOR STANDARD applicable
Type of Work:
D Building D Residential D Highway o Heavy
11. Set aside units different fi'om total units
COMMENTS:
» PROJECT MANAGER: Letitia S. Goodson PLANNER:
APPROVED ATTACHMENT "A-1"
AGENCY NAME CITY OF SOUTH MIAMI
ACTIVITY Murray Park Aquatic Center (to include Swimming Pool -Construction Phase I
FUNDING SOURCE CDSG 2009 & CDSG 2010
AMOUNT: $1,207,374
TOTAL ACTIVITIY COSTS: $1,492,911
TOTAL AVAILABLE FUNDING (Matching by City) $100,000
PROPOSED ACCOMPLISHMENT UNITS: People
ACCOMPLISHMENT UNITS: 4,000
TYPE: People
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS
ENVIRONMENTAL CLEARANCE (DHCD
1st (2009) APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
no';': ~ .8<
ENVIRONMENTAL CLEARANCE (DHCD
2nd (2009) APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
';"'ii'J;~t~;;;£':;~;;~ "'.::" 'C·C·',z. 1:;-:0;:; '.''''"'''''',':'.",
ENVIRONMENTAL CLEARANCE (DHCD
3rd (2009) APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
,!.;,,,:,,:;:,~ £-1'"-,,,:
ENVIRONMENTAL CLEARANCE (DHCD
4th (2009) APPROVAL REQUfRED)
DESIGN PHASE
SUBMITTAL OF QUARTERLY PROGRESS REPORT ~ ';;;::,',''-'': :"::ie,:'\:",';;,:}
APPROVED ATTACHMENT "A-j'
AGENCY NAME CITY OF SOUTH MIAMI
ACTIVITY Murray Park Aquatic Center (to include Swimming Pool -Construction Phase I
FUNDING SOURCE CDBG 2009 & CDBG 2010
AMOUNT: $1,207,374
TOTAL ACTIVITIY COSTS: $1,492,911
TOTAL AVAILABLE FUNDING (Matching by City) S100,OOO
PROPOSED ACCOMPLISHMENT UNITS: People
ACCOMPLISHMENT UNITS: 4,000
TYPE: People
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS
1SI(2010) ENVIRONMENTAL CLEARANCE (DHCD
APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
~";;l";;\' O~ ~,; I::;:"',; ";'/;:";' ;C',' WfF;
2nd (2010) ENVIRONMENTAL CLEARANCE (DHeD
APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
~ y;;,;;",: > l!fil"0~~(rf;;;;;iU:;:<*;,(~nrj;;1
ENVIRONMENTAL CLEARANCE (DHCD
3rd (Z010) APPROVAL REQUIRED)
BID PACKAGE FOR CONTRACTOR
(REQUIRES APPROVAL FROM DHCD)
SUBMITTAL OF QUARTERL Y PROGRESS REPORT ~ ~ ':';,
ENVIRONMENTAL CLEARANCE (DHCD
4th (2010) APPROVAL REQUIRED)
DAVIS BACON WAGE
DETERMINATION (DHCD)
COMPLETION OF DESIGN PHASE
ADVERTISEMENT & PRE-BID CONFERENCE
BID OPENING
RECOMMENDATION, SELECTION/AWARD
VERIFY CONTRACTOR IS NOT ON
DEBARMENT LIST
OBTAIN EVIDENCE OF LICENSES
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
1',',',',"''0<,'"'''':<''':''' :'.;,s",,,:,,,,,,!,, ':?' I !ii;:;;~:i:'''r
APPROVED ATTACHMENT "A-1"
AGENCY NAME CITY OF SOUTH MIAMI
ACTIVITY Murray Pall< Aquatic Center (to include Swimming Pool -Construction Phase I
FUNDING SOURCE CDBG 2009 & CDBG 2010
AMOUNT: $1,207,374
TOTAL ACllVITIY COSTS: $1,492,911
TOTAL AVAILABLE FUNDING (Matching by City) $100,000
PROPOSED ACCOMPLISHMENT UNITS: People
ACCOMPLISHMENT UNITS: 4,000
TYPE: People
CUMULATIVE CUMULAllVE CUMULATIVE
PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS
PA YMENT AND PERFORMANCE BOND
1st (2011) CERTIFICATES OF INSURANCE
EXECUTE CONTRACT WITH
CONTRACTOR (DHCD APPROVAL
REQUIRED)
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
,',"",2!£;'.: ,;'r;:';'; ~ i?i:;fi'i-ir;;,:
COMMENCECONSTRUCnON
2nd (2011) CONSTUCTION MANAGEMENT AND
MONITORING
REQUIRES DHCD REVIEW AND APPROVAL
SECTION 3 PLANS, COMPLIANCE, MONTHL Y
REPORTS (PA YMENT REQUEST AND
REIMBURSEMENT REQUESTS)
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
lit: ~ ~ %;
PRE-CONSTRUCnON CONFERENCE
3rd (2011) (INCLUDE WORK SCHEDULE AND
MAINTENANCE OF TRAFFIC)-
CONTACT AND COORDINATE MEETING
WITH DHCD AND CONTRACTOR
RELEASE NOTICE TO PROCEED
OBTAIN PERMITS
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
;~;)!','.,:: {;,:fti~;~;{~;)~:~;i~~s'go1-lfB2
COMPLETE CONSTRUCTION
4th (2011) SUBMIT FINAL PA YMENT R£QUEST
SUBMIT FINAL RELEASE OF LIENS
PROJECT CLOSEOUT
J';'""'''"'.''''''!.'''' ;::C,~;.!\'
I. PGrsonnei
iI.Contractual Services
III.Operating Services
SOURCES OF OTHER
FUNDING
CRA • Design Phase
CITY OF SOUTH MIAMI
Murray Park Aquatic Center (to Include Swimming Pool) • Construction Phase I
CDSG FY 2009 & FY 2010
SUMMARY BUDGET
JANUARY 1, 2010 -DECEMBER 31, 2011
CDBG FY 2008
PRIOR YEAR CDBG FY2008
FUNDING (Pool &2009 CDBGfY2010
Design)' CDBGFY2008 Plan Amendment Plan Amendment
$16,363 $14,500 $0 $0
$259,637 $40,500 $0 $0
$0 $0 $0 $0
CRA • Construction Phase
$50,000
$0
TOTAL AMOUNT
$
$
$
50,000
50,000
100,000
Attachment B
$350,137
$0
'Due to a non-substantlal change the reprogramming of the remaining funds ($90,463) will be used for the construction phase of the project, which will require a budget modlflcation,
SOURCES OF OTHER
FUNDING
eRA -Design Phase
eRA -Construction Phase
CITY OF SOUTH MIAMI
CDBG FY 2009 & FY 2010
Murray Park Aquatic Center (to Include Swimming Pool) -Construction Phase I
DETAIL BUDGET
Non-DHCD
January 1, 20091hru December 31, 2011
TOTAL AMOUNT
$
$
$
50,000
50,000
100,000
AttachmentS
"Due 10 a non-subslantlal chongolhe reprogramming of Ih. remaining funds ($90,463) will be used for the construction phase of the proJect, which will requlr. a budget modincallon.
. M '. , .. ;. J'I: , .. ", . ;:·:'13' ' •.
.................. " ...
S:Mm,Dlmq ... "
Recipj~nt.Name (Organization):
Contact Person (Name & Title):
Activity Name (Project TiUe):
ATTACHMENT C QUARTERLY EXPENDITURE AND
PROGRESS REPORT • FY 2010
Telephone Number: _______ -'-__
Activity Address: '-'.. ' __ ..:....---:-___________________________ ....:..-_~ _ ___' __
Activity Description:
Index Code: -------Funding Source: ------Funded Amount: ...:$:c..-____ _
ActiviW Category:' 0 Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Housing 0 Public.SeNice
Objective: 0 C~eate suitable living environments 0 Provide decent affordable housing D Create economic opportunities
Outcome: 0 AvilUability/Accessibility 0 Affordability 0 Sustainabilily
.; '. -
AP.PROVED ; tOTAL ACrUAl REIMBURSED . CUMULATIVE PRo.JECTEO PROJECTED-
'CATEGORY' EXPENDED EX~ENDITURES CUMULATIVE PERCENTAGE EXPENOITURES CUMULATivE
i;lUOGET CUMULATIVE EXPENo'I1URE [This 'Quarter)
!Through eo(f·or this quaMrl !Through end or this quartet) IB&D) INext Quarterl (By cnd of Contract Peri<ld) _. -.... -.. w. .. ._ . ... -... -.. ---
8ersonnel . ~. $ $ .$ % $ $
'. ... -" --.. -
Contractual $. $ $ $ % $ $
•... . -._. _.-.
Operating Costs $ $ $ $ % $ $ .. ... .... ---. ."._---
Commo(jities' $ $ $ $ $
... -_ .
;
Capital Outlay $ $ $ $ % $ $
-. .. .... -.. _---_. --
TOt~'" $ .$ $ $ % .$ $ .. .. .. "" ...
Program.loco.me + The disposifion of Program Income not specifically listed in the approved Program Income budget requires priorwrjlten approval fromDHCp. .
1. Does ~is .activitY g'enerate Program Income? 0 Yes 0 No 2. If yes, indicate the amount generated this quarter. =:,$:..... . ...;;.'._-:--__ ~_
3. If yes, was :wrilten approval grim ted by DHCD 10 use the Program Income generated from this activity? 0 Yes D No 0 N/A
'If yes, @attach cOpy oi-approvalletler and related documents. If no, a wriUen request for approvql to use the Program Income must be ~ubmilted to DHCD -or-a check payable to Miami·
Dade Comity for !he g~nerated Program Income must be submitted quarterly in accordance with the terms of the contract. II Check Attached? 0 Yes 0 No 0 NfA
2. Environmental Status: 0 A=Exempt 0 C=Completed 0 D=UndefWay
3. Istllis activity still in.compliance with tile 'original project schedule? 0 Yes 0 No
Department of Housing and Economic Development Page 1 of2 Ouarterly Expenditure & Progress Report (LR12-15-08) 12·23:()9R
QUARTERLY EXPENDITURE AND
PROGRESS REPORT • FY 2010
Accomplishment Type: . 0 Peopie [OlJ 0 Households [04) 0 Businesses [081 0 Organizations [09) .0 Housing Units [101
o Public Facilities [11j 0 Jobs [131
National Objective: 0 Area Wide Benefit [e.g. lMA, LMAF!, lMASA, SBAJ ·or· 0 Direct Benefit [e.g. LMC. lMH, LMJl
Projected Goal
Aqual This Quarter'
Actual. Cumulative
PERFORMANCE GERTIFICATION: 0 This certifies that No Accomplishments occurred during this Quarter. Initials
NOTE: Submittal of Supplemental Form -Performance & Benefit Data Is not required at this time based on the certification that no accomplishments occurred durtng this quarter.
CERTIFICATION . .
This is to C6.rtify that the data <!nd other information provided in this Report is correct, based on official accounting system and records. and that expendnures and obligations shown have
been made for the purpose of and!n accordam;e with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by: Title: ----------------------Oale: ____ _
Print Name
Signature of Certifying Official: Title: Date:
Activity lOIS Number: ____ ~-_---
Report 0 is lOis not complete • Report 0 is I 0 "is not accurate • Initial review for completeness and accuracy completed by:
Name: ________ ~~~~-----------
Contracts Officer
Date: --------Name: Date: -------Team Leaded Supervisor
Department of Housing and Economic Development Page 20f2 Quarterly Expenditure & Progress Report (LR12·1S.fJ8) 12·23.fJ9R
Performance & Benefit Data:Capitallmprov~ment & Public Facilities
Supplement to QuarterlY Expendifuteand Progress Report • FY 2010
Recipient Name:
----~----------------------------------------~ Activity Name: ______________________________ _
Activity ID # : Activity CategQry: __ ~ _____ __;_
HUG Activity Matrix Code: ___ --'-_ Accomplishment Type: __ -'-___ ......;..._
HUD Matrix Code bescription:
WtJjmm_ r::miOJ~!lm;IM2UJmlitfi!J~!j!ai9tll
o Acquisition I Disposition 0 Structures + 0 Parcels . # of Structures . -,-------'----
#01 Parcels
-~----
o Clearance I Demolition 0 SlructllrE:s + 0 Parceis
o Street Improvements Persons Served + low &. Moderate Income # of Facilities --------o Public Facility I Type: Persons Served. Low & Moderate Income # of Persons Served ---,-----o Building I Type: Facilities. + Persons Served + low/Mod Income # of Low/Mod Income
o ·Olher CapilallmprovemenllType: pnd~ate belowl Persons SeiNed + LowS; (lAoderate Income
_mT!1\fM.1m13~13~il~_ia!ki~fID3aDI~J!~·
. .. . . instiucuons & Applicability: Natiori\1! Objectives,indtide .lMA.lMC.lMH •. SBA.SBR, sas or URG.·" . . ....
1. Total benefiting for program year: .2.Co~nlsby Households (H) -or· Persons (P): __ --'-___ _
3. Of those assisted. enter the number that:
a) Now have new access to this service or benefit
b) Now have improved access 10 this serviQ€ or benefit
c} Now receive a service or benefit that is no longer substandard
Total
d) Now have .. lew acces~to this type of public facility or infrastructure improvement
e) Now have improved access to this type of public facility or infrastructure improvement
f) That are served by a public facility or infrastructure t~at is no longer substaridard
Total
g) Homeless persons given overnighl.sheller
h) Number of beds created in overnight shelter or :other emergency housing
RACE I ETHNIC CATEGORY
Instructicins: Indicate the tolal number of households or persons served in each Racial Category tor this reporting period and the cUlTJulatiVe total. From the total
n1Jrnberdepicted in each Racial Category. indicate the numbers Ihat are of Hispanic Ethnicily for this reporting period and the cumul~tive lolaf.
~~ ". .·;~E\ri!E~ly\!!~,~I;w.jJ" "~' . 'G' ,{, ( • :r@~~f\}~~~
RACIAL CATEGORIES . Racial Categones EtlJnlc Categciff_ Racial Categories Ethnic CategolY
Tolal Number Number Hispanic Toful Number Number Hisp"nic •.
White (111
Black / African American (12)
Asian [13]
American Indian I Alaskan Native [14J
Native Hawaiian I Other pacific Islander (15)
Al1lerican Indian / Alaskan Native & While [16)
Asian& White (17)
8!ack I African American & White (18)
American Indian or.Alaskan Native & Black/ African [19J
Other Multi Racial [20]
Totals
Performance & Benefit Data: Capital Improvement & Public Facilities [LR 12-10-D8J 12·23-D9 R Page 1 of2 Supplement to Quarterly Expenditure & Progress Report
Performance & BeMfit Data: Capitallmprov~ment &' Public Facilities
Supplement to Quarterly Expenditure and Progress. Report • FY 2010
DIRECT BENEFIT BY INCOME CATEG·ORY . OTHER bIR~CT 13ENEFITINFORMATION
Income C'!tegories
. Extremely Low (30% or less) Total # Benefiting I-L-o-W-(3-10..::..%-_-50-%'-)----=--I'--------I-------~~· from the Activity :
Moderate (51% -80%)
. Non LowlMod (81 % or greater) .
Totals.
# of Female
Headed .
Househol!ls
Census ( C) Of Survey (S) Data Used: __ ~ __
Total # of Low/Mod in Service Area:
If (S). enter # of low 1M ad & Total Population:
Tolallow/MOd Universe Populatfon in Service Area:
Percent ·of Low/Mod in Service Area:
Census Tract:
Census Tract:
Census Tr<,!ct:
$:
$
$
$
Block c;roups;
Block Groups:. ---''--_
Block Groups:
1. COBG Funds $
2. HOME Funds $
3. ESG Funds $
4. Section 108 Loan Guarantee $
$
5. Oiher Federal Funds
6. Slate J local Fun(!s
7. Private FUlid~
8. Other:
. Tot<il Funds
Naill<) of F"rnling SotJrce
Report Prepared by: ______ --=-~-_--_~_ Title: Date: --------------------~~--------PMtName .
Signature of Certifying Official: Title: ___ --,-___ ~-Date: ______ _
Performance & Benefit Data: Capita: Improyement & Public Facil~ies {LR 12-10-C8] 12-23-C9 R . Page 2 of2 Supplem~nt to Quarterly EXlJ(!ndnure ~ Progress Report
,QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINltIO~S & ACRONYMS '
Reporting Period: Enter "X" in the box that corresponds with the appropriate reportirl9, p-eriod for this report.
Section I: General Information
1. Recipient Name: Fill in the appropriate Agency I Organization Naml;l.
,2. Contact Person: Fill in the Contact Person's Name and TIUe.
3. Telepbone, Number: Fililn the Telephone. Number of fue Contact Person,
4. Activity'Name (Project Title): Enter the nameoflheaclivitY,' .
5. Activity Address: Enter the complete address of the location where the activity is ,taking place,
6. Activity Description: Enter brief description of the activity (120 characters maximum).
7. Activity ID #: Enter Activity ID ,No: of the activity;
8. Index Code: Enter the Index Code from FAMIS"
9. Funding Source: Enter the funding sOurce (e.g. CD~G 06, CDBGDR 07, ESG 07, HOME 98, HOME CHOO OB, etc)
1 O.Funded Amount: Enter the total funded amount of the activity, .include additiona.lawards ",same fWiding source) if.~pplicable~
11. Activity Category: Enter "X" in the box that corrl;lspondswith theappropriafe, Category of the activity (e.g. Housing. !;conomic Development, etc.).
12. Objective: Enter "X" in all tliat apply for the primary objective the activity is designed to provide. .
13. Outcome: Enter "X" in all that apply for the primary outcome the activity is designed to provide.
Section II: Financiallnformatioll
1. Column B: Enter amounlbudgeted for the activity in each category of the' approved budget (or most recent app(oved:budget.ame~dment}.
2. Column C: Enter amount expended for !he acti,vity in 'each ~ategory during tlii~ (eporting period. ,.' .' .
3. Column D: En~er Ihe actual cumulative expenditures froml1egiiming of the contract through the end of this reP9(ii~g, p,eriod for each category.
4. Column E: Enter the cumulative amount reimbursed from beginning of thecriotract through theerid oHhis,teporting;p~iiod fbreach category.
5, Cofumn F: Enter the cumulative per~er\t of expenditures f()r each catego'ryby diViding eaCh amount. In column b:(Ac:lual'Cumuiative EXPenditures) by
the corresponding amounts as' shown in collimn.B (Approved E3odget)~ Example '-.If-Colllniri, DshoWil '$5;000 expended to d<\te in the Personnel
Category and Column 8 shows $20,000 il1 the Approved Budget for this category,then !hepercenfage'in Colo~n r would'be 25%.
6. ColumnG: Enter amount of projected,expendiluresineach category for the next quarter (reporting period): . .
7. Column H: Enter amount of projected cumulative expenditures in ,each categolyfrom beginning of ilie cOntract through'theena of the contract period.
S. Total: Please include totals at the bottom of each column Bthrough H. . .
9. Generate Program Income?: Eriter "X" in the "Yes" box if this activity is e~pected to generate Program II1Come;bfuerwise enter ·X· in fhe "No" box.
10. If the response is "Yes i' to Program"lncome: Indicate the amqlmt of program income generated during this 'reporting period; if the answer,was "No'
enter N/A. " ,,' . ' . , . ,. " ','
11 .. lfProgram Income is generated: ,Enter "X· in the. "Yes" if DHCD approved use.of the Program Income & proViMcopy of writtEn) applovalletter along
with all related documents. Otherwise. enter "X· in the "No" box anclsubmitGl written request for apprOVill.:..or.-a.chet:k payable to Miami·Dade County
for the generated Program Income. '. ". .
1. Activity Status: Enter "X~' in bo~ 'that corresponds with the approprla~e status of the activity ICancell~;i.:Jnderwriy; or CQmpletedl;'Please note thai an
activity is col1sidered compM~orice it iTieetsits' national objective,aU:.accoillplfshments havebeenrepQ~ed" ~nd,alltpe fu,nds are' drawn from lOIS.
2. Environmental Status: Enter ·X· in the box that corresponds with the appropriate status of the activity,{A:::Exempt, ·9~Completed; or D=Underway}
3. Compliance with Original Project Schedule: Enter 'X"in the "Yes' box'if the activity complies with the,original project schedule; if-not enter "X·'i!Uhe
"No" box, .
Section III: Work in Progress .
Provide a brief narrative description of work in progress during this reporting period. For example·
• Housing. During this period architectural draWings were completed. building department approved drawings,envlronmental approval received. plat
filed with the County. and construction is expected to begin next quarter.
• Economic Development· Fifteen jobs were created during the reporting period, five additional jobs are f)xpected to be created.by next quarter.
• Capital Improvement· 75% of construction of the child care center cpmpleted this reporting periOd. Project on. schedule and is' expected to be
completed by next quarter.
Section IV: Other Supporting Efforts
Provide a brief nar~ative description of all oUler supporting efforts that h,ave begun, partially implemented. or cornplete~ during this reporting period.
Include quantifiable data whenever appropriate. In addition, other expenditures of funds, including local match ahd ,leverage contributions, should be
depicted here.
Section V: Problems Encountered
Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or tnat are anticipated in the
next quarter. Report any problems that may impact the .project as originally proposed, including but not limited to changes in Scope of Services.
beneficiaries. target area, or other proposed outcomes. Recipients are encouraged to riolifythe Contracts Officer to report/discuss any problems
encountered in order to resolve them as quickly as possible,
Section VI: Technical Assistance
This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity,
lnst(Uctions, Definitions & Acronyms [created 6/30/08J revised 12/22/09 R 1 Page 1 ors
QUARTERLY EXPENDITURE AND PROGRESS REPORT '
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Section Vii: Performance Measure'ment ,.
1. AceomplishmentType: Enter "X' in the box that corresponds to with the actual accomplishment typeof this activity [People, Households. Businesses.
Organizations, Housing Units, PublicPacilities, or Jobs].
2. 'National Objective: Enter "X" in the box that corresponds with the National objective of this activity. Refer toAttachm~nt A in the Contract to locate the
National Objective for the -or-cohtact the Contracts Qfficerto obtain this informaU6n~
lMA Area !3asisBenefit low/Mod Area Benefit 570.208(a)(1 )
LMAFI Area Basis B~nefit low/Mod Area Benefit, Community Development Firtanciallnstitulion (CDPi)
lMASA Area Basis Benefit Low/Mod Area Benefit. Neighborhood Revitalization Strategy Area o70.208(d){5)(iJ
LMC Direct Benefit low/Mod Limited Clientele Benefit 570.~08(a)(2)
LMCMC Direct Benefit Low/Mod Limited Clientele. Microenterprise ,570.208(a}(2)(iii}
LMCSV Direct Benefit LOW/Mod Limited Clientele, ~ob Service Benefit 570:208(a)(2){iv)
LMH Direct BenQfit low/Mod Housing Benefit 570:208(a)(3)
lMHSP Direct Benefit low/Mod Housing Benefii, CDPl or NeIghborhood Revitalization,Strategy Area
LMJ Direct Benefit' low/Mod JO,b Creation/Retention 570;208(a)(4)
lMJFI . Oi.rectBenefit low/Mod ,Job Creation/Retention, Public FilCilityllmprovement Benefit' ' 5i6.208(a)(4)(iv)(F)
LMJP Direct Benefit Low/Mod Job Creafion, Location Based 570.208{a)(4)(iv)
SSA Designated Area Basis. Siurn/Slfght Area Benefit , 570.208(b)(1)
-SBR Urban Renewal Area ""un/Kill,"' in an Urban Ren~wal Area 570.208(b)(3)
SBS Spot Ba,sls ' :-illlrnt~lllnmspot Basis 570.208(b)(2)
URG Urgent Need _ , , 570.208(c)
ihe data in this section is required on a 'quarterly basis for the reporting' period arid cumulative. (from the be'ginning or the' contact period through the
quarter being reported); If there:are no accomplishments during the reporting period. the data for tnis QuarterandCumu[(jtive may be'left blank, and the
Recipient must complete ,the Performance gertificatiori check box for "No, Accomplishments", ' ,
3. Total Housing: Housing activrties 'that Construct or Rehabilitate Rental Units, 'Acquire and/or Construct New H(>metiwner Units,' Rehabilitate'
Homeowner Units, or provide Homeowner Couns.eling ,andDir~ct F/n<incial Assistance .toHoineb\ly~r$ ~fJlUSr~oinp'lete this ,section if any
~ccompli,shmentS are achieved in the, reporting period and complete,lhe Supplemental Form,"PerfQj-ffil:ln¢ea.iid13eneRt Data:-Housio1J".
4., Total People or H.ouseholds: Activities that provide Public Serv.ices or Admirii,stratlve {e;g'., Fair Housing Activities} mustcompletelhissectiOri_ if any
accomplishments are achieved in the .reporting 'period and complete the Supplemental Form, ~P~rformance an~ Ben<:Jfit Data: Public'Services -()r-
Administration". Capital, Improvement and Public Facilities Activitles'must complete this section if any accOmplishments are achieved in the reporting
period and c()mplete the,Supplemental Form. ·Performance and Benefit Data: Capitallmprovement&P~btic Facilities~. " '
5. Total Jobs: Activities that create or' retail'! jobs, andlor provide assistance to businesses, must complefe thisseqion if any accomplishments are
achieved in the reporting period and complete the Supplemental Form. "Performan'ce and BenefitData: Economic Development". '
6. Performance,Certification: The Performance Certification check box for "No Accomplishments· must be checked arid initialed by the Certifying Official
if there have been no accomplishments during the reporting period. This item certifies that there have been no accorilPlishmenls during the reporting
period and the Recipient is excused from providing any further accomplishment information on the activity status as required by HUD. Reference HUD
"Notice of Outcome Performance Measurement System for Community Planning and Development Formula ,Grant Programs." A copy of the Notice and
additional'informatiori about performari~measurements is available iltthe following link: http://wwW;hud;gov/offices/cpd/aboutfperformarice/ .
1. Report Prepared By: The name andJiUe ,of the repor1 preparer.· along witli the date, must b~'completed. ,',' '" ' " '
8. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her. title, must be' entered, and the certification must
be dated.
This Performance ~nd Benefit Data Report rriust be completed and provided to DHCD,forany quart~ when actualaecomplishments are achieved"the
activity is completed, and the national. objective is met. In addition, direct benefit or area benefit data must be provided as well. Please fill out the requested
information completely and accurately, as applicable for the funded activity. The following general information is availabre on Attachment A in the contract:
Activity ID. Activity Category.,HUD Activity Matrix Code and Description (HUD ActivIty Type}. Accomplishment Type. and National Objective. All reports must
include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter. and the
report must be dated.
Instructions, Definitions & Acronyms {created 6/30/08] revised 12122109 R 1 Page2of5
QUARTERLY·EXPENDITURE AND PROGRESS REPORT
. INSTRUCTIONS, DEFINITIONS ~.ACRONYMS
Project Clltegory Ireql)ired):Enter "X' in the box that con'espoildi"i with the
funded project type.
Accomplishment Type I Measures lrequired]: Enter "X" in the box that
corresponds with the funded project type,
Accomplishment Units Completed [required}: Indicate the number of
persons or households served and number that are. low/mod income.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Performance Measurement & Accomplil1hment Information [required)
(1) Indicate the total number benefiting from the activitY.
(2) Indicate method used to count the number benefiting from the activity ....: by
Households served or P~rsons served.
(3) Of those assisted, responds to each inquiry -a through c -by providing
the number that benefited, and provide tlJe total for alt
~~~~~~~~~~~~~~~~~~~~~~~~~~~~.
Direct Benefit Information [required1: Beneficiary information must be
provided in this section for activities having a national objective of LMC,
lMCMC, lMCSV, lMH,lMHSP, lMJ,lMJFI,orLMJP. Otherwise, complete
the Area Benefit Information section. Provide information ·for .actual number of
households 'orpersons assisted. for this reporlirtg:periOd and the climulative
total. Also, provide requested information. in thelncoine Category an~ ·Other
Beneficiary Data Sections.
Area.Benefit Information [required}: If appljcabl~for furided actiVity.
.<f..~"<f>~~"<f>~.~"<f>"<f>~.q..~~~.<ff,~~~"<f>"<f>~-0~~o;i.~~ ..
Funding Sources I Leveraging of Funds (required]
HOME Funded· Projects 'Only Enter 'X' in the box th:lj··mITA"'nnnlrt~
With .the funded HOMElenure type, complete the correspotiding .
to the report.
Project Type (required): Enter 'X' in .the box th.at corresponds with Ihe funded
project type.
Number of Units COll'!pleted [requiredj:lndicaletola! number ofRenlal Units,
Owner Units, or. Homebuyer Householdscomplelt~d for the funded activity,
. COBG Multi-Unit Activity, ifapplicabfe: Provide allrequestE?d information for both
charts in this seclion.
Oisplacement Information, if applicable: Provide all requested .information in the
chart.
Replacement Information, if applicable: Provide all requested informalion in the
chart.
..rc.~~~..,y,..,y,~~-<S'>~~~~~..q:,~~~~"<fI"<f>oG'i~~~~oG'i~
Performance Measurement & Accomplishment InfOlll1atlon [required), all
applicable sections must be completed .
(1) Provide number of Affordable Units and re~pond to each inquiry-a through f
-by providing Ihe requested information .
(2) Provide riumber of Section 504 Accessible Units
(3) Provide number of units qualified as Energy Star
(4) Provide number of units brought up to HQSllocal Code (Rehab only)
(5) Provide numb"er of units brought in compliance with lead safety (Rehab only)
(6) Provide number of units created through conversion of non-residential to
residential buildings (Rental Rehab only)
(7) Provide number of households previously living in·subsidized housing
(Acqu\sition/Conslruction New Homeowner oilly)
Direct Fioanclal Assistance to Homebuyers, if applicable
(1) Provide number of first-lime homebuyers and of those, indicate number that
received housing counsenng
(2) Provide number receiving Down Payment ASsistan~/ClosingCosts
..,y,~..,y,~~~~~oG'i..,y,~~..,y,~..,y,~~~..,y,oG'i~~..,y,..,y,~ . ..,y,-<Jo...,y,
Direct Beneficiary Information (required1-must be completed for the actual
number of households assisted, for this reporting period and the Cumulative total.
Also, provide requested information in the Household Income Category and Other
Beneficiary Data Sections. .
Funding Sources I leveraging of Funds [required)
Instructions. Definitions & Acronyms [created 6f30108] revised 12122109 R1
Project Type [required): Enter "X" in the box Ihat coriesponds with the funded
project type.
Measures: Acquisition/Disposition and Clearance/Demolitlon activities only -
Enter ·X' in the box that corresponds witll the funded activity.
Accomplishment Un.its Completed. [required}: IndiGate. th~ number of units
completed [Structures, P areals, or Facilitlesl , number of persons served, and
number that are low/mod income
~~oG'i~~~~~~~~~~~~~oG'i~~~~~~~~~~~
Perlormance Measurement & Accomplishment Information [reqUiredj
(1) Enter tOtal number benefiting from ·the:activity for the program year.
(2) Indicate if the count is by Householdo~ Persons.
(3) Of those assisted, respond to each inquiry -a through h -by providing the
number that benefited, and prbvid~ the total for each section.
~~~~~~oG'i~~~~~~oG'i~~~oG'i"<f>~~~~~~~~~
Direct Benefit Information frequ~redl:·BeneliciaryjnfolTl1ation must be provided
in this section for activities having a national Objective of LMC, LMCMC. lMCSV,
lMH, LMHSP; lMJ, LMJFI, ortMJP. Otherwise,.complele the Area Benefit
Information section. Provide information foniclual number of households or
persons assisted, for this reporting period·and the cumulative total. Also, provide
req!1ested information in the Income. Category a~d Other Beneficiary Data
$.ections. .. .•. ... :. ,... . . ... ...
. Benefit Information [req~lredl: If apphcpble for funded activIty .
. ~~"<f>~o(;o,';'o(;o,~"<f>~+~~~O<f,~~~·f-<s..~~~«J>-m~~~
FundingSour~es I Leveraging of Funds [recluiredJ
. Jobs data should be prepared as ··al·COOlmDlishrnenlts
'If on a quarterly basis; at a .minimum,
Job Creation andlo; Job Retention Information: [responses required for Ihis
Accomplishment Type]·· . .
(1) Complete the Job Creatkln areai{ t1Je actiVi!y is expected to create jobs;
. otherwise, complete the JobR~tentionarea if the activity is expected to
retain jobs. . ..
(2) Indicate the number of jobs .creat~d o~ retaine~, as applicable, by job type . for
this reporting peripd and thl'j" cumulative totat . .
(3) . Direct Benefit InMmation -must pecomp!eted f6tthe actual jobs created .or
retained, as applicable, for this repo~inQ jreriodaod.the .cumLilativetotaf.
Also, provide requested information in th:eJri~ome Category and allier
. BenefiCiary Data Sections~ ... ....
(4) Number of jobs created with empfoye( sponsored health care benefits
(5) Number·unemployed prior tq taking Job created· . . .
(6) Number ofjobs retained with employer sponsored health care benefits
(7) Provide explanation if proposed gMls are not inet
~oG'i~~~"<f>~oG'i~~~~~~~«J>~~«J>~~~oG'i~~~~~~
Assistance to Businesses [responses required for.this Accomplishment Type1
(1) Indicate total number of business assisted, of that amount indicate how many
are new businesses and the number of existing businesses
(2) Of the existing businesses; indicate how many were expanding businesses·
and the number that were relocating .
(3) Indicate the number of businesses assisted with fayade treatment or
business building rehab .
(4) Indicate the number of businesses that provide goods or services to meet the
needs of a service area, etc.
(5) Provide the DUNS number for each business assisted [a requirement for any
business that receives Federal assistance]
«J>~~~~"<f>~~-<Jo.~oG'i~oG'i~~~~~~~~~~~~~~~~
Area Benefit Information (required]
Funding Sources 'leveraging of Funds [required]
Required Attachments must be provided, if applicable.
Page 3 of5
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS; DEFINITIONS & ACRpNYMS .
Area Benefit:' Those activities having a national objective of lMA, LM~JI, and lMASA. Beneficiary data is reported by Surveyor Census .data for the
percentage of low-and moderate-income persons in the service area. CDBG regulations specify that 51 perce!)t 'oflhe residents' of the service area must pe
LMI. Examples of area benefit activities include street/sidewalk improvements; water/sewer lines, neigh~orhood facilities, and fa~ade improvements in
neighborhood commercial districts. . . .
Census Block: A geographic area bounded by visible and/or invisible features shown on a map prepar<Ki by the u.s. census Bureau. A block is the
smallest geographic entity for which the Census Bureau tabulates decennial census data. ' , ' . .
Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivale.nt entitY, delineated for data presentation purposes by
a local group .of census data users or the geographic staff of a regional census center in accordanc? with Census Burea.!1 guidelines. ' .
CDBG National Objectives: The authorizlng stafute of the CDBG pro~ram requinis' that each a~vjty funded'. e>;eept for program administration and
planning. activities must meet Qne of three national objectives. All CDSG activities must achieve one ot more ofthesenalional:objeclive·s. .
•. Benefit to low and moderate~incoine (LMI) persons, . ..... .
• Aid in the prevention or elimination of slums or blight. arid
• Meet a need having a particular urgency (referred to as urgent need), e.g.; existing conditions pose a serio\ls 'and immediate threat to the health or
welfare of the community.
In addition, a minimum of 70% of the CDBG program expenditures must meet the Uvll benefit nationaJ objectiv,e. ." .
Direct Benefit:'Those activities having a national objective of LMC, LMCMC, lMCSV, LMH, lMHSP. LMJ, I:.MJFI,or LMJP. Beneficiary data is reported by
. the total number of persons or housenoldsbenefitting from an activity. . .
DUNS Number: Data' Universal Numbering Sys.tem .(DUNS) !lumber is a requirement for a(lybusinessth~treceiljesPederal: assistance. If a business does
not have one, it should call the DUNS number request line at 1-866-705-$711 to' obtain a numper. Tqe.process is free and takes about ten minutes .
. ENERGY S1 AR: ENERGY $TAR is a joint program of EPA and DOE to help us all sav~money and 'protect th.e ~nvirorim~nt' (hroUgh energy efficient
products and practlces; HUb encourage's incorporation of EN/:RGY STAR qualified products and practiceswhen"conducting rehabilitationorconstructihg
new housing. Likewise, ENERGY STAR is a dala element for 'energy conservation acti.vities Jor '.il1ehotliling. hidjeator: ~tegories' in· the performance
measurement system. '.' ", ....... , . .' ': .. '.. :.' .. :: .. : .' .
Extremely Low:lncome: Households with annual income less than 30% oHhe area m~dial) intom~. 'i'lS e~ta&lishe<r·ljY:HiJD.:The number of heuseho!d
members is used in the determination. . " .' . " . ,.' "
Ethnic Categories: HUP and grantees are required to treat ethnicity as'a separate cat~gory; "Hispanic or Latino" and "Nilt Hispanic or Not Latino· are
deslgn~ted as separate ethnicityr;ategories~ , . .' '. , . ,..., ' ,
• Hispanic or Latino: Aperson of Cuban, Mexican, Puerto Rican. South or Central American. or other $panish 'cultureor origin, regardless of race.
The term. "Spanish or.igin,~ can be used in addiOon to "Hispanic or Latino/ ' , . ' .'
• Not HispaniC or Not Latino: A person not of Cuban, Mexican, Puerto Rican, Soulll or' Central American •. or ptljet Spanish culture or' origin ,
regardless of race. '.' . ' ,
Family: All persons livirig in the.same household who are related by birih,marriage, or ailoption~· , .
Household: All persons occupying the same housing uniLThe occupants may be 8$ingle family, one person. living alone, two or mote families living
together, or any group of related Of unrelate~ persons who share Ilviilgar,rangements; " , . ' .
Housing Quality Standards (HQS): HQS ,are set acceptable conditiol')s forlnterior livlrigspace,building exte~ior, heating arid pl~mbirig systems,.and
genera.1 health and safety; The purpose of HQS· is to determine whether a housing unit is de:cenl,safe'and $anit~iy. . ' '. .
Income: (1) Annual income as defined 'under Section 8; (2) Annual income as. reported under the Cen.sus·l~ng fo'rm;·or .(3) Mjusted gross income as defined
by.tIle IRS Form 1040. '. , .' , . ". " '
Low Mod Job Creation or Retent.ion(LMJ): An activity designed to meet the National ObjeG6veof'creClting ot ret~iriin9:perm~llent jobs, at least 70 percent
of which (computed on a fulf-lime eq'uivalent basis)wiU be made available to or held by lMfperSoris.· .... .. , : .
l()w Mod limited Clientele (LMC): An activity carried out to meet tlie National Objective' of benefit tolMI persons .. Activ;itles under the lMC category must
meet one of the following criteria: '
• Benefit clientele that is generally presumed to be principally 1MI (abused children, battered spouses, elderly persons, severely disabled adults,
homeless persons, illiterate adults. persons living with AIDS' and migrant farm workers); or .
• Require dOCUmentation on family size and income in order to show that at least 70 percent of the clientele are LMI; or
• Have income eligibility requirements limiting the activity to lMI persons only; or .
• Be of such a nature and in suCh a location that it can be concluded Ihat clients are primarily lMI.
Low Mod Income Area Benefit (lMA): An activity carried out to meet the National Objective of benefit to lMi person$that benefits all residents in a
particular target area, where at least 51 percent of the, residents are LMlpE1rsons. . '. .
low and Moderate Income (LMI): low and moderate income means famity or household annual income less than the SeGtion 8 low Income Limit.
generally 80 percent of the area median income, as established by HUD. .
low-lncQme Household/Family: A householdlfamify having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median
income) as estabnshed by HUD~
Low Income: Households.with annual income fess than 50% of the are.a median income, as established by HUD.,
Low Mod Housing (lMH): An activity carried out to me~t the National Objective of benefit to LMI personslhouseholds,. e.g., acquisition, construction, or
improvement of permanent, residential stru~tures which. uponcoriipletion, will be occupied by lMI hOl,lseholds.· . .
Matrix Codes: The matrix code indicates how the activity is eligible under CDBG regulations, it generally identifies the purpose for which assistance was
provided, and determines the type .of accomplishment units that should be. reported. .
Microenterprise: A business that has five or fewer employees, one or more· of whom owns the enterprise.
Moderate-Income Household/Family: A household/family having an incomt'j equal.to or less than the Section 8 low Income limit{80% of area median
income) established by HUD, but greater than the Section 8 Very Lowlncome limit (50% of area median income) established by HUD.
Instructions. Definitions & Acronyms [created 6130/08] revised 12122109 R 1 Page 4 ors
QUARTERLY EXPENDiTURE ANOPROGRES$ REPORT
INSTRVCTIONS, DEFINITIONS8.,ACRONYMS'
Objec'tives: The objectives capture' t~e range 'of community impacts that are expected to occur as a result of program activities. There are three possible
objeqtives for each activity: 1) Creating Suitable Living Environments;2}Providing Decent Housing; and 3) Creating Economic Opportunities.
Outcomes: The prograrn outcome helps further r~fine the activity's objective and capbires the 'natUre, of the type of change sought or the expected result of
the activity. There are three possibl/7 outcomes: 1) Availability/Accessibility. 2) Affbrdability, and 3} Slistainability. ,
Period of Affordability: The number of years a homeowner or homebuyer must re,side in and retain' ownerShip of an assisted housing unit before the unit
rriay be sold without pe!l<;tlty to the homeoymer.,' , '
Program Income: Any gros.s income received by the sub recipient that was directly generated from the use of CDBG fUhds (24 CFR 570,500(a)).
Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial
demographics of the individuals and/or the communities they serve, or are proposing to serve. .
1. 'American Indian or Al<i~ka Native~ A pt'lrsqn having origins in any of the origihal peoples of North 'and South America Oncluding Central' America),
and who maintains trib,al affiliatio,n or community attachmen~.·, . . ' , . .. .
2. Asian. A person having origins in ~ny of the 6rigiilal peoples ()f the Far East. Southeast Asia, or tne Jodi/iii'! subcontinent includlng, for example,
Cambodia, China, India; Japan, Korea, Malaysia, Pakistan, the pfiilippil)e.lslands, Thailand; and Vietnam~
3. Black or Aftican Amen~ah. A person having' origins in any of the black racia!' groups of Africa. Terms such as "Haitian" or Negro" can be used in
addition to :'Blackor African American." . "
4. Native Hawaiian or Other Pacific Islander~ A person ~<,1Ving origins in arjyof the, original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
5., White. A person having. origins in' any of tM original peoples of Europe. the Middle East, or North Africa; .. '
6. Ameri~an Indian or Alaska Native & White. A person having lIiese multiple rac~ ,heritages as definedatioye.
7. Asian & White. A pe~son having .these multiple race heritages as defined above •.
8. Black or African American & White. A person having ihesemultiple race heritages as defined above. ,
9. American Indian :or Alas~a Native & Black or,African American~ A peisonhaviilgt/lese,multipte race heritages as defined above,
10. Other Multi·Racial~ A person reportr~g mulU-raceMritages not inCluded inanY'btthe otherninecategories'listedabove.,and that have a total count
.thatexceeds'oneperCe/itofUWP.Op.ulaijonserved;,. ',.. " ",', .' .'. ,.,' ',:, .' "
Section 594: Section 504' of the Refl'abilifation Act, of 1'973 prohjpits dis~rjm!nation.in Fe4etally :~~iSfed pro9ra,iJj~:~n th~: basis of handicap. It imposes
,require,ri1ents to ensure that"gualiffe~,iiidivjdual~.W!th ha~\l,icaps· have ac~ss to programs ~n~'~ctiy,ities:Ylat'r,$ceiV~,F<?der~1 funds. ,Minimum req!lirements
i~clude. but are not limited to:.1) Removal of-Physical B!:lITier$',2~,Provide Progr'anj ACGes~ibility; 3) rI4,akeE~pJbyment AcCe~sible, and 4) Administrative
Requirements. . ., . . . . ". . ' ..,. ..... '
Stib'recipient:'An entity that.8ssiSfs the recipient to implement anq'administer its progranl; Sub recipIents are'generally nonprofit organizations that assist
. the' recipient to undertake one ,or more ' activities on 'benalf ofthe grar.itee. slich as admiriistera.'horne Jeh~bilitation loan pool or manage a job-training
program. Sub recipients are alsor(ifen'ei:t~o as sub grantees. ' " .. .. ,
surVey: The survey,instrumertt,and methodology must be appro.ved,by HUDfor the 'purpose, of establishing the percentage of LMlpersons in a ,service area.
A survey must meet standards' of statistical reliabiiity that are comp~rable to that of the Decennial Census data for 'areas 'of Sirriifar'size, Additional guid<1nc,:e
is available in CPD'Notice 05-06. .
Instructions. Definitions & Acronymslcreated 6130108] revised 12122109 R1 Page50f5
Attachment 0
DEPARTMENr:OF HOUSING'AND COMMUNITY OEVELOPMENT (DHCD)
, JNFORlV1ATfON FOR ENVIRONMENTAL REVIEW FORM
INSTRuCrfONS: ,Per 24 CF~Part 58, the purpose of.'the environmental review procedures is to
,fo$ter the implementation of environmentally, compatlbie activitre~. As a grant 'or lo~n recip~en~
Mi<im'j.DadE,tCount~nvm not fund projects that will negatively impact Clients, communities, or
the environment. '
Part I. AGENCy'AND PRQJI:CT DETAIL
1: Indicate Funding Spurce:
0' CDBG' o ' HOMEl~SS (SRb/SHP) o CDf3G~R'""
2. 'Indicat~Hs~ry.~ar." 'FY2&_"_', ' .. . '.:,
3. 'Name' of S:lib(ecipieritlAgency: . . . . \
. ~. . ..-~'. . . . , .
. ~ .'
4.' Name'ofProp'osedActivity; ,
o HOME
,0' EDI
, 5. ,location: (Address'with, City, SJ and ~ip) of Activity or Project ,
!
7. Commission District(s):
8 O· C '!rect Orita<:;t m,for:matjon 0 f I oJ t ()Q (gran reclplen :
Name:
Address:
City: I State: '\ Zip:
Phone:, I Fax:
9. Detailed description of activity or project:
o HOPE VI o NSP
Form Revised 12111512009
. 10 .. What is the purpose oLthe activity or project? For example, Public Service, Economic
Development, HistdricPreservation, Capital Improvement. Housing, etc.
11. W!1at i.s the status of activity or project? For example, Pre..{)evelopment Phase,
Rehab/C~nsttlictlon.Unde~ay, Rehab/Construc~ion Completed. etc.
, ";:' ", . . .
~ . . -
p,art u .. pJ{oJ~(;f OUTCOME
WU h· I t. e ac.tlvitY or prbj~tres.ul~ in the following?
YES .'. NO
.... 1. Change in use
.... . 2 . Su/:).:surfa~·alteratl6ri (Le. emavations) .. 3. Newconslruction : .. . .. .. .
· . . ·4.· RenovaUon.9r demolition
~. Site imp~9vements (o6Iiti~; sidewalk, landscaping, storm
· " drainage, parking, areas, <;lrives, etc.) . .
. .. 6 . Building improvem,(mts (windows, doors, etc.) .
7. Displacement of petsons, households or business
8. Increase in popuration working or living on site
9. land acquisition
10. Activilyin 100-yearfloodp\ain
11. A new noru'esidenlial use generating atlea!i)t 1,375,000 gallons of
water or 687,500 gallons of sewage per day.
12. Use requiting opera6r'ig pennitO.e. for hazardous waste,
pretreatment of.sewage, etc.} .'
·13. A sanitcuy landfill or hazardous waste disposal sjte
14. Tree removal or relocation f-7-.
15. Street improvements · .
1.6. The impOlInding ormora than 10 acre feet of water (e.g. Gigging a
jake or diverting or deepening of a body of water).
Part III.· SITE SPECIFIC INFORMATION
2
,1. Land Use:
Describe the existing and proposed land use:
. '. Existing?
• Proposed?
, ,
, DO'es the, 'proP,ased actiVity include a new structure(s) or site improvements an a site of one (1)
acre or more? 0 YES '0 NO '
If yes, a site: Qiah must be provided. Proiect(s) will not be environmentally reviewed without a
, slteQlan:' '
~.Phot6graphs.:
Ooesthe ~cQvjty includ,e new construction, renovatiQn or rehabilitation?'
DYES o NO
If yes, photographs must be provided of each side (frent, rear and sides) Df the structure(s)
proPQ~d for <;lssistance and the buildings on the' adjacent lots. The photographs shall be
, identifred.'by address. In addition, provide for each existing structure on the site, th,e following
information:
• Existing structure(s} on site? DYES o NO
• Es~mated age of structure(s}?
4. Value Df Improvements:
Does the proposed acfivity include rehabilitation Dr renovation of structure(s}?,
DYES o NO
If yes, what is the estimated cost of rehabilitation or renovation? _______ _
3
What is the ~ount sought for funding?
In addition, indicate if the estimated value of the improvement represents:
o Olo.~9.9 percent of the market value of the sfructure(s) o 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market value of the structure(s) o 75 percent Of more of the market value ofthe structure{s)
5. Phase I Environmental Audits:
Does the proposed activity inyolve the transfer of any property, new construction,. major
renovaticins 'of ·75% or more of the structures' market vafue; or a securing of a loan for
nonresidential parcel?·
DYES o NO
. If .yes, ~. cOpy of Phase I Environmental AUdit certified to· Miami-Oad~ County· must be
s.ubmitted to. determine the likely preserice of either a. release or threatened release of
liazardou~ ~ubstance.
An· alldit. is a review .of a site and adjacent prope,rti(7S and involves preparing .a history. of
ownership, land use and zoning for the last 50 years;. resellrching environmental records· for
inforrnatlori-on hazardous waste sites, hazardous facilities, solid· wastellandfiU faciiitles. and
underground storage tanks (av~ilable through the Depart~entof. Environme~tal Regulations
and Management (DERM), Florida Department of ErlVironmentai PrQtedion.(FDEP) and U.s.
Environmental Protection Agency (EPA)}; and· sjte inspection: for physicalevjdence of
contamination ~uchas damaged vegetation or stains In the soil~ .
. . .
Has. a Phas~: I·been performed? DYES o NO
6. Environmental Health Information:
.•. If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
O· YES 0 NO
If yes, please submit the results.
• Have any child under the age of seven at the site been tested for elevated levels:of lead in the
body?
DYES
If yes, please submit the results.
7. Other Site In"formation:
o NO
4
YES, NO'
t Flocidi,nsur~nce required?
2. pubnc water availab.!11 on site?
3. , Public $ew$,r available ,Oil sit~?
4. Chndren under 7 years of age resIding on
site'9T relocating to site'(in,cluding day car.e faci.lity}?
" ,
"
5. Hazardous waste disposal facility?
6, Storage of hazarqous materials on site?
7. AbandonedstruchJre(s) on,site?
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit streetlpla\ map~ that depict location of property in the County andlor-City
with ,the location orlot clearly pointed out.
, 2. , For n~w construction projects: Submit a scope of sewice., an itemized budget.'aod asite plan;
3. For housing/building: rehabilitation projects only: Submit,a scope of s~rvite. al) itemized-budge.t
describiri~i the major components of the renabilitatlonprogram planned, and a photograph of the
property. "
4~ For historic proprieties" include: Submit photographs of the property, anq a ,description of any
adjacent historic properties that may be affected by your ,activity.
PartV. CERTIFICATION
I ~ertify to tbe accuracy'oUhe infofmatio'n provided. I understand-that~II{i.m~ed (lctMtle~ must'
haveai1appr;ovedenvironmimtai review clearan~ep'r.;ortothe commEmcement,ofprQjects.' I clearly
~I)der$tand that any omitted' andlor incorrectinfonn~t1on will delayihe initi~tlofl of the
environmental review process by the OHCD staff. As such', i am aWare that omitt~d information
,'could delay the 'commencement of my organization's project 1 understan'd an approVed
, 'environmental reviewS are valid for ohe {1} year maximum.
Print Name Signature
Name of Organization or Corporation
Unless,otherwise indicated, return completed form and attachments to:
Community and Economic Development Division DireCtor
Oepartment of Housing and Community Development
701 NW 1st Court • 14th Floor
Miami,Florida 33,136
5
Title
Date
TYPES.OF ACJIVITIESAND ENVIRONMENTAL GUU)ELlNES TRIGGERED:
Type of Activity EXEMPp· CENST** . CES'f"*i'
Economic DeveJopment ..
New Construction
Rehab. Xl
Non-Construction/Expansjon .x
Housing
Single Family Rehab .x
Multi-Family Rehab Xl
New Construction
Homeowneiship Assista!1ce X
Affordable Housing Pre-Dey. X
CapitallmPfovement
Handicapped Access X
Public FacUities XI
, ·,nfrl:lstrUclure . .. ... X'
. PubJic ServiCes
. Employment X
Crime Prevention X
Child·Care X
Youth or Senior Services X
SupporUve Services X ..
Type of Publication No Public NoPubITc· No· Public Notice/No
Notice/No l'Il}ti~o RROF (No~-Sta.tiitOTY
RROF RROF· .. Requirement Tnggered)
;
30-45 Days
X' lfforcontinued use and change in density.(or size) ofless than 20%
Xl Change in density (or size} of more than 20%
-
Exempt
CENST
CEST
EA
Exempt Activities
. Categorically Excluded and Not Subjectto 58.5
Categorically Excluded Subject to 58.5
EnVironmental Assessment (Format II)
6
Or
Publish NOIfRROF
(SfatutpiyHequirement
Trigg¢re9J .
EA****"
x.
Xl
X2
X
x.2
Xl.
. ·PubliSh
FONSl"and .
NOIIRROF
90 Days
Minimum
-MIAMI-DADE COUNTY AFFIDAVITS
The contracting individual or entity' (government or otherWise) shall indicate by an "X" all affidavits that pertain
to tl11S contract ·and shall indicate by an "NiA' aU affidavits that do not pertain to this cOntract. Ail biank spaces
most be filled. -
The .MIAMI~DADE: COUNTY OWNERSHIp· DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL· RECORD AFFIDAVIT; DISABILITY
NON-OI~CRIMINATION AFFIDAVIT; and "the PROJECT FRESH START AFFIDAVIT shall not pertain to
cOntracts with the United States or any of its -departments or agencies· thereof, the' State or any political
subdivision or agency thereof; it shall· however, pertain to municipalities of the .State of Florida. All other
contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to
this contraCt. . .. .. . ...
i, ~~4( H if 0. . .\0 j \.e, . e h . 'D. . being first duiy sworn state:
. \ Affiant I
The full legal name and business address·of the person(s) or entity contraction or transacting business with
. .Miarn~-Dade County ,are (Post Qffice addresses qre. not acceptable): . . .
. ---.. ~.~ LeOOo.:t?2\. . .
Federal Emptoye"r Identification Numb9r (if nona, Social Security)
. Name
.Ooiug .Busine-ss As (If'same as·above, leave blank)
Street Address City· State Zip Code
.. N/ A I. MIAMI-DADE COUNTY.oWNERSHIP DISCLOSURE AFFID~VIT (Sec. 2-8.1 of the County C~de)
. { If. ·the contract or buslnes~ transactibn is with a ·corporation: the full (egal name an~ busi!1ess address
shall be provided for each officer and director' and each stockholder who -hold~ directly or indirectly five
percent (5%) or more .ot' the eorporation's stock.· If the contract or· business transaction. is ~ith. a
. partnership, the foregoinginfonnatioh shall be provided for each partner. It the ~ontract or busllJess
transaction.is with a trust, the full legal name and address shall be pro'{ided for e~ch trustee and each
beneficiary. The forgoing requirements shall not pertain to Contracts with ·publicly~traded corporations or
to contracts with the United States or any department or names and addresses are (Post Offices
addresses are not acceptable): .
'. ~ .. ' '.
. Full Legal Name Address Ownership
--~------------------~----~----------------------------------_%
~------------~----~--~--------------~----------------------_%
--------------------~------------------------------------------_%
. Page 1 of 5
f'I/A
2. The fulllegaJ names ana business address of any other individual (other than subcontractors, material
men, supplies, laborers, or lenders) who have, or will have, any inter~st «egal, equitable beneficial or
otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not
acce~table): . '
3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses
false information 'in this regard, shall be punished by a fine of up to five hundred dclllars ($500.00) or
imprisonment in the Cbunty jail for up to sixty (60) days or both ..
II. MIAMI-DADE COUNTY EMPLOYMENT Dl'SCLOSURE AFFIDAVIT (<;;ounty Ordinance No. 9.0-,133,
amenqing Sec. 2.8-1; SubseGtion (d)(2) of the County Code). .' .
, ,
Except where precluded by' federal or State laws or regulati~ms, each contract or business transaction or
renewal thereofwhlch involves the expenditure oftenthousanddol/ar($10,OOP) or more shall require the
eri.ti~y .contr~C!ing o~ tr~lnsacting !:>usine?,s to disclose. the ',following infonn<;ttion. ,The, fQregoing disclosure
requirements do not apply to contracts: with the United Statel:>' or any department or agency tliereof; the
state .or anv politic~1 subdivision or,agency o~ any muiliclpa:lltY.6f'this.St~te:· .. '
1. Does your firm have a collective bargaining, agr~ement with itsempJoyees?
___ '-'-. Yes' No'
2. Does your firm provide paid ,health,eare benefits for its employees? .
-:--~_Yes ' No, . . ,., '
3, Provide a current breakdown (number <?f persons) of your firm's wo("k force a':ld owrership as to race,
national, origin ·and, gender. " " '"
·White: Males. Females Asian:_ Males Females
BlacK: == Males == F~males American Indian: Males " Females
Hispanics: __ Mciles __ F~males . Aieut (Eskimo): '., , '·MaJes Femq,les
____ ' : _'_. _ Males _. _ ~elU~de.s . .',. __ ._ Males F~males
.,{/~~ ,AFFfRMATIVE' ACrION/NON-DlSCRIMINATION: OF ,EMP~OYME~T,·, ~RqMoiiON AND
/ ! 1111 PROCUREMENT PRACTICES (County.Or'dinances 98-30 CQdifi~d at 2-8.l.5 of-the County .coqe)
~ . . . . .
In' a~ordance with qounty Ordinance. No. 98-30, entities With annu·al gross revenues,'in . excess . of .
. $5,OOO;000.seeking to contracf with the CountY. shall, as cOli,dition receiving a CountY contract, have Ira
wrttlen affirmative action plan which sets forth the proceduresihe entity utilizes to .,assure that it doe~ not
discriminate in' its ernployr:nent and promotion practices; and ii) a written procurement policy which sets
forth the procedures the entity utilizes to assure that it does not discriminate against, minOrity and women-
owned b!lsinesses in its own procurementof goods, '~Opplies and services. Such affirmatives. action plans
and procurement policies sqall ptovj~e for'periodic reyiew to determine tl)eir effectiven~ss in assuring the·
. entity' qoes not., d,i!;~crjmin~te iI}, its ~mployrTiE?nt. prpmption and procureme!1t, ,practices. Th~ fo~egoing
notwithstanding. corporate entities Whose boards of dir~ctors·are repl."es,en~atives of the populati9n make-
up of the nation shall be prel?umecfto have nOll-discriminatory employment-and ·procurement:po.licies, and
shall not be required to have written affirmatIve action plans and procurement policies in' o,rder to receive a
County contract. The foregoing pres,umption may be rebutted.
The req,uirements of County Ordiljance'No. 98-30 may be waived upo.n:the written..recommenqation of the
County. Manager that it is in the best interest of the County to' do $0 'and upon approval of the· Board of,
County Commissioners by majority vote of the members present
Page 2 of5
_-,-__ The.firm does not have annu~lgro~ revenUes in excess of $5,000',000.
____ The firm do~. have anliual revenues in exces~ of $5;000,000;· however, its Boarqof Directors
ls repre~ntati'!e of t'1e pop't!!~tion ·m~ke-:up of the nation and.has sUb!nltleda written, d~tal!ed
listing of ,its Board of Directors, including the race of ethnicity of each board mem~er, to the
County's Department of Business Development, 175 NW ·1 st Avenue. 28~ Floor, Miami,
Florida 33128. .
__ /_---'-,_ The firm has annual gross revenueS in excess of $5;000,000 and the firm does haVe,a.WTitten
affirmative action plan anq procurement policy' as described abo~e, whiph includes periqdic
review to determine effectiveness, ·and has submitted the plan ano policy t<;> the County's
Department of Elusiness Oe.veloPnli:mt, 175 NW1 st Avenue, 28th Floor, Miami, Florida 33128:
____ The firm does npt have an affirmative action plan and/or a procurement Poiicy as' described
abov~, be.lt' h;JS been ar;;'lnted ~. waiver. . . H: MIAM;-OADE COUN~ CRIMINAL RECORD AFFlpAVIT ($ection 2 .. 8,6 Of th,rCouniy Code)
. Th~, lndivrdy,91 or entity en~ering int() a contract· or reCeiving funding. from the Co~ntY ____
has, v---' has not 'of the date of this affidavit been convicted ofa felony during the past ten
4
' (10) years. . . . . '.. .. .,
,V. MIAMI-OAPE, EMPLOVf\?iEt-rf bRUG~F:REE' WOf{KPLACE AFFIDAVIT (County ordln'anc~
, ,no. 92-15 codified'a's Section 2-ft 1.2 of the County Code) ,
That in coinplian~with Ordinance NQ. 92:"15 ofthErCQde;ofMi.ami-padeC.ounty,FI,orida.,the
above namedpersqnor eotiWis providing a'drug-free workpiaee: A written statementto each
employee shalf, inform the employee· about:
. -
L' Danger .of-dl'ug abu$eitdhe Wo"rl<piace .
2 .. The firm's pO{i¢Y of:ni~jnt~iningadrug":'free environment at ali wbrkplages ,
3. Availability of drug· counseling; re.habilitationand employee assista'nce progr~m$
4. Penalties that may be imposecfupori employees for drug abuse ViQlations
The person or entity, sha.IH~lso require. an employee to. sign a $tatem~nt. '.as a ~onditidnof ,
employment that the ernP'loye~ wil'"abide bytheterm~a,nd notify'the empl~yer ()f any: cnf11ina[ .
drug conviCtion cjCCurring h(>,' latE!r thaQ·,five· (5)· days ·.~fter receiving:·notioo of suCh·convic~i6n .
. : and,' impose .. appropriate , personnel.' action against: the employee, up,· to and: in~luQing
. teimination., .. " ., ,,'..
Compliance with, Ordihance. No. 92-1.5 may be waiVed if the special ch",racferistlcs •. Gfthe
product or, service' offer~d' by the Person or entity make it necessary forth~operation of the
County· of for· the health •. safety. welfare, 'economic: benefits and well-being ofth~ puf;jlic.
, Contracts invotvinff fUnding whiCh is provided in whole. or in part by ·the United States, of the
state of Florida shalf be exempted froni the proVisions of this Qrdinance in tI10se instances . -4t'. ~h~t~ ~h~se prOvi$iO~~ .are "in co,n~~~ W.it~t.~e req~jrem~nts of t~~s~, ~ov~~n:fJnt entities. . .
, ' , VI. MIAM!wDADEEMPLOYMENT FA\YIll Y LEAVE AFFIDAVIT (County Ordinances· No. 142-91-
'. codified as Section 11A-29 et Seq ofthe ~ounty Code) .. .
That in compliance with ord.inance No. 142-91 of the Code of Miami-Dade County, Florida, an
employer with fifty (50) or: more emplQyees Working in Dade· Cqunty for each working day.
duling each of tWentY (20) or more calendar workWeeks, srtali provide the following'
Information in compli,ance v4thall items in the aforementioned ordinance:
" Page 3 or5
An employee' who has worked' for the above firm· at least one (1) year shall be entitled to
ninety (gO) days offamily leave d~ring any twenty~four(24) tnonthp~ridd,for medicatrea'sons,
, for th~ birth ot:a~optio,n of a child, or forJhe, care of a child,· sp()u.s~ Qr other ~Ioserelative who
hee ,serbus health ~ond.itil)n w!ll1out risk of termination of empk~yer reta!i:atkm. .
Th~ foregOing req(jirements shall· not pertain to· Contracts With the, United States or any
department-Of agency thereof, or-the State of. Florid~ or any political SUt;>dlvislon or agency /JI. thereof .. It shall( however, pertain to municipalities of this State. . .
--t-{.-VU:illSAI;lIUTY NON-DISCRIMINATION AFFiDA Vii-(C<>~nly ResQlutioQ ~385-91il .
. That the. (l~ov.e names firm. corp~fation or organization is in compliance-with the: agrees to
continue, to comply witri and assure that any subcontractor, or thirQparty· contractor under this
, project' complies with all applicable requirements of tlie laws listed below including, but not
limited to, thQseproVislons p.ertalnihQ: to employmenfprQvlsions' of prograO'!s and services,
'transportation, cpmmunicaUons, access to, facilities, renovations; and: i1~w construction in the
following laws: The, Americans with Disabilities Act of 1990 (ADA), PUb. Lt01~33$, 104 Stat
327042 U.S.C. 12101 .. 12213 and 47 U.S',C., Section 16.12~.TheFair Hous.irig"AC;t ~s amended,
42 U.S.C. Seetlo.!'l 3601'-3631". The:foregoing requirem~nts shalf notperta.into contracts With
the united· States. or; any department o~ agerjcythereof, the· ~tateorany political subdivision
or agencY.thereofor'ahy illunicipallty<>fthis State.' . .' . '. . :: . .',' .', '. . . " ',', . . . ,','
" Nil}· . '''.!IIi MIAtVll-DADE"COUNTY . REGARDING riEL\QUENT AND CU't~RENTl Y . QU'£: 'FE£:;$ OR
, TAxES ,(Sec. 208.1 (c) of the .County Code)' .. . ". ". ...... . " '.' ... .
Except for ~maU' . purchase orders and' sole source contraqts, that·· ~bove. named 'finn,
corPoration; orgaOlzatio'n' or ini:liviQual desiring,t6 tranS'Clct business :0'[, enter a cONrclctwitnthe
County Verifie$ that ail d~linquet1t and Cl:lrrEirttly ·du~.fees ortaX'es --'Including buthOtlirnjfe~ to
· rei'lla.ndptopertY': .to'xe.s, 'uti'lhy ,taxes .. and QCRupatlonaLlic~nse$, -wh1ch'are'cpliecfed' in: the
· normal,cour~e ·bY the'Dade county. TaxCollecitor' as well as' pad~ :qo:lino/.is~ued·. p~rkilig
tickets for vehicles' registered in the name of the firm, corporation, :organizat[on or individual
have been paid: ' " . , . . 41X. CURRENT ORALL coiml'Y CONTRACts, LOANS AND 011'l~ OBLIGATIONS
. T.he individual entity ~ee.king to 'transact· business . with the 'COl)hty is :Current in , .~lIits
obligations to the 'County and is not otherwi~ein defaulf or any,cQi'ltrfl¢t.:.proiTlissQry note or
otller'1oan-doGlIroents ~~h theyoul1ty Qr-any of its· a9~ncies or instrumentalities.
·tJ/4. X. PROJECT FRESH START (Resolution. R~702~98 arid 35e-99)
Any firm "that has a,contract"with the County that results in actual payment of ~500.000 .or
more snail contribute'to Project Fresh Start, the County's Welfare to VV9rk Initiative. However,
if five percent (5%) of tnefirm's w9rk force Consists of individuals who reside 1n Miami~Dade
CQunty and wh9 have .Iostor,willloose c;:lsh assistance benefits (formerly Aid.to Families with
· ,dependent, Children) as a result of the Personal ~esPQnsibilit,~ and '{\fork, Opp.ortunity
Reconciliation Act of 1-996, fhefinn'tnayrequestwaiver from 'the requirement of R-7Q2098,and,
R-358-99by subniitting·a.waiV~rreq~esfaffiqavit. The foregoing' requirement does not pertain
to government ,entities, not for profitorganiiationsor recipients of grant '~wards.. '
,Page4of5
.~. '. '. . .' ~, h0!1~~~T;r. \lIn,· t=~:~i:' ;~in~ (Q'A~~,,'ltion' 1 On..(ln·~Q.~· r~rI~~.f '':'j. 11:A:' ~n ~t ~ S: Cll"t of the
.. ,._ .................... _-,.-.... "':"---•• ----~ .. -, .... ---... --. U",,:, --t.--____ .. ~.~J'Q'f\. '~"'\JC ... ""''i'' .
. ' Miami-Dade County Code). . '.'
The timrgesiriog to do· bti~ioes$. with~ the"County i~. in c6mplia~ce· with ~m~tic Leave
. Ordinance, Ordinance 99-5 •. cocfmed ~t 11A--60et.· Seq. of the 1I4jaPli .. Da~~ COunty Code,
which requires an· .employer which has In the reguH~r: course -of business :·fifty. (5,O}.or more
empl<?yees workingfnMlami-Dade, COunty for'each working. day during eath of. twenty :(20) or
mot~.calenqar\¥ork we~lSs.in· the 'ctirien~ or' proceeding caiel'ldar yearS, •. (o'provldeD6mestic '
Vio!enceLeave to it~ employee$. . .
I have carefuliy read this entif(Ol ,five (5) page 'document entitled Miami-Dade .county Affidavits and have
'!r":I!~t~{I:hyen "X" a.!! ::lffip::avifs that peltain to his.contract and have !tidicat~ by an <tN/A" all affidavits that do'
notP~:W4~ DecerrilitC[W(QOlO
., .' / (Signa re ofAffjant), -" . (Oate) .
·.sUaSCR(H~O AND SWOJ:{N'TO(}r:~~rin~) befQr~ 'm~ this " ~lh4t ':' ... >~aY·Pf:~~;~
26. }:D by~+(}r.Hi, r~;~. :' ~sne'ispers0ha~;Yk~own'to~eor:has
'ptesent~d _. _~--,-_.,.....:. ____ ~ ___ ~.;...-_...,---..;._...,..:-...::.:... _____ . a~idenljncaUon: ('type .Pfldentifi9ati~n) ,
(Sikt Of~ma~) .
, . t«ENGAA PAYNE
~y COMMISSION II DD 714025
EXPIRes: Oclober 5,2011
Il«ldoo 'Ill", Notal}' Poblic Und.~.rs
Notary P!1blic -State Of_··_F_· :J1..\(j~J-,-(, l...,.:·cb::;l· ,'--' . ..;... ... _. __ ~,.-.....;-__
'. {State}
. '
PageSofS
(l$q1tration.a~te) . .
.. . .
SWORN STATEMENT PURSUANT TO SECTION287.133(3j (a)
FLoRIDA STATUTES. 'ON PUBLIC ENTITY CRIMES
. THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A
'NOTARY PUBLIC OR OTHER OFFICfAL .AUTHORIZED TO ADMINISTER
OATHS '. . .
fot .. ~ of SOv\h lv\\Q...M\
(print name:of entity $ubmltfing' swom statement) .
. who~e business address is. (p I::>D3vnSg OD\[e.. ( SQulli t\'tc..,M·, ... t="t-. 2>3 (L(S
·and if applicable 'its Feder~l En)pioyer '(d~ntification Numbf)r(FEIN) is 21 ~ U>Wti 3\ If the entity has
. not FEIl'-t:hicludethe.So~i?r$ecu.r1ty:Numb~rOf.th:e:individual: signing this sworn ·~~te·m~n..t . .
.. ', .: ;"". "
2. I understand that a "P4bllc:en(itY <f~~e" as defined in paragraph.287..133(1)(g). Florida Statutes,
means a. viol~tiQn··9faIiYstat(;).or fedefCilHaW-by. a perscn with respect bandirecUy :reJat<?dto'
thetr:~nsaqtl(>i1~ of .b·~si.tJe.'S~ With. any' P.li.bii¢ ·eri.titY. 'orvyith .an.agencYor p~lit!c~I.~ubdivi$.icin o.f
~ny other $t~te·or.with.the -Un!!:e<i.Stat~~/incltiding, but notJimitedto}lhy;bid'or ccnfractJol'
goods or' seriJiCes"iope prov.ided·t~·Ptl6Jr6entlty·cr·agency~ or. politicalsubaiviS(on 'ofanyother
.state or of.the United' State~~rid invblvihgantithJst; fraud, theft, :bribery, crilluslon; rac~eteering,
• conspiracy, or materia" misihterpretation; . ... ..' .
. .' .. ..,. .'
3. I understand that·· .. coriviGteQ".or·qconV,ction" as. defined fri. Paragraph 2$7. 133(j)(b},. FIQrida
Statutes, means a· findil'lg.of guilt .()r a· cQnvl¢tjon ·of a' publio. entity crirt:le, with.' or withcut 'ah
~djudicaticn of guilf,Jna.,-f~4erai' pr~stt:!t~:tri?lcourt of recoi'drelating to. charges. I1rought by
... indictment or irifcirmationafter:July··1',·1 ga9i~~, ~'re$ult of ajury verdi~t.· non-jUry trial. ot entry of
a.-plea of~tiiltY or noI6·G6:nteil'deh~~·.· :.... ': .... . .' . . . . '. . .
. 4.1 understf.uld .thatan. "Affliiate'" as:q~fih~d"in·p.ara9raph287. t33(1)(a},~forida. statute~· meari~: ..
... I
1 •.. A prede6ess~r ;'i;~.t.icce~s<?·t ofap~rsorrcoovicted 01'3 public entity crime, or· . . :.
2 .. An entity under the :control· of any. natural person Who is .activE) In the rrianagei:n~nt pfthe
entity?'nd Who has .peen ~6nviqt~d of a public entity· crime. The ~erin "affiliate" Includes
thcse officers·, directors, executives; ·partners, sharehorders~ ~mplcyees~ members, and
~g~nls. who' are active' in .. tne.mamigement of ·an· affili<;ite. The 'ownership' by· one.person
·of shares constituting a' ·corltr.oUing 'i~tere$t in another persOn, or \8 pooling of equipiTieot
or iilcome·among.persons·:::when . not ·for fair market .v~'ue under an arm~s length
·agree~ent, ~han'"l:)e a p~ma.':fi1cle· cilse that on.e person controls anoth.~r .person.· A
person Who knOwingly entersirito~aJoint venture with a person Who. has been. conVicted
of a public entity·crime in' Floijda during the preceding 36 months shall 'be qonsidered an
affiliate. . .
5. hmderntand that a "·peison~ .as.d~fineqjn Paragraph 287 •. 1~3(1)(e), Florida Statutes. means
any natural person ·or entitY orgariized·. under the laws of ~ny state' or of the Ul1ited . States within
the legal pcwer to enter into a bin-qing Co!1tract and which bids or applies to bid cn contracts for
the' ...
P· "'I"\''';~''''''''''''' "f t';oI,...~A~ ~.:.. ~",".ht. Tko' term' un.o.~r\nn inc!u' dQ~' th'''~c\ f"'\ffi~r~ ovo,....tdi\rac n~rfno""';' I:V.'~'V" VI ~""',,",""'~ ~I """~""'trl": .. 1:_ '" ,.. t .... ,,,,.,.........,.. .,'_ ..... ~ """ ____ ••.•. __ ._. ___ ..... _ ... 'v_"'( ,...._ ....... _ ..... ,
. shareholders, ernployees, members, and agents who are active in managernMtof an entity
'. .
6: ' aased on information and b~lief .. tha statement whiCh J h~ve marked below is true in relation to the
entity submiWng this sworn statement. (Please indicate which statement applies,)
. "X 'Neitherthe entity submittlng' sworn statement. nor any of it~ officeI"$-, dire¢tor, executives,
; partners" sharehOlders, ,employees, members, or agents who are' active in the management of toe
,entity. nor'any affiliClte of the entitY has been charged with and convicted of ~ publio entity crime,
sub\)equerit to July 1, 1989.
(
7',{Sig~
. Sworn to and ~~b~cribed p~fore~JTl~ thls'---JI,-fJ;::;..fIh __ ~ay pf, ~b:v-.20JL.
~ersonally known v:'. , ' '
Or produced identification.--'-, -.,-_-:--_.......:.._...,--.. __ _
(Type of identification)
, .. ,. ".
Notary Public-5tate of F lD ( I k'; .
My commission expj(es
:;nll" NKENGAA. PAYNE
. , ..... ~~~ MY COMMISSION # OD 714025
§ . EXPIRES: Qctober 5, 2011,
-Sonded ThlU NO\QTl/ Public UndetWltlers·
t~d. typed or stamped commissioned
eaf notary public)
A ....... UAVIT OP'FINANCIAL AND CONFLICTS OF INTEREST
1. 00 you have any past clu~ financial obligati~s with Miami-Dade County?
Single Family Housel..oans
Multi-Family Housing· Rehab·
C.OBG ~lnIrl~rciaJ to?ri Project
U.S. HUD Section 108 Loan
Other HUD. Funded 'Pl"()~irams
Other (lien1i. fines. loans.. .
OecuPlltioTllilUcenses,' etc.)
ffYES,please explain: .
YE~ NO
/ :z
:3
-.L
-------~..:.......--'---,------------.. -' ., ... -
2..Do youhava any past due financial obligatiolls with MiamicDade County?
. . YE~ _'_ . N~ L
If YES. please'~xplain:
.> . " . ;~
" . ~
,.' 3. MEl. you. a' .relative. Qt,9r (;f0 .yo~ hav~ any busjness or financial interests: ·~th any, el~e<I Miami.£)ad~ CountY official,
Miami-Dade Cpunty EllJplQyee. 'Or Member of Miami-Dade· County's AdvlsoryBoards?
......
'YES _,,_._. NO L
rfYES~ prease explain:
" .' .
. , Any falSe fnf<:mnatlon p.roVidEX.! on thfu'affidavit will be reason for rejection and disquafification ofyovr project-funding request . t? ~la·mi.D de County. ,. .",. ... ' .
. . the for~i 9 questions are correctly stated to the best-of my ~nowledge and belief.
. ,.. Dle c.m-blf HQ I Q.D lO By:
. (Date)
SUBSCRIBED AND &WORN TO (or affi(med) ,before. me this t YJ day Of,J:':F r " 20lCL
BYQ.\ k,OffDC)' R:r:v~ Q ',-_ • He/She is ..e.ersonally,knownlo me or has presented
'--__ -=-_-:-:~""=--::__:'-,-___ -; as identification.
~0::'~'f~
(Signature of W
~~;ALA __ a A.2s~q~J
. (Print or Stamp of Notary) . ."",
Notary Public-St~p of ~ 'Pc
. (State) .
Nal{lfV {'\1l!\;llill Slate of Florida
Sheil!'l Alexander . ... .
My Commission 00826626
Expires Q9/29/201 ~
(Serial Number)
(8<pu-atkin Da~e)
Notary Seal
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADECOt,JNTY TAXES,
FEES AND PARKING TICKETS HAVE aEEN PAID
(Section2-8.1 (c) of Ule Code of Miami-DadeGounty, as ameridedbY Ordinance No. 00-30)
and
THAT DEVELOPERIS No.T IN ARREARS TO THE COUNTY
(Section 2-S.1(h) of tiie Code of Miami-Dade County, as amended by Ordinance No.00-67)
I, tk Gkf t1 \rtJD; \e l Ph.D. .. ..' being first <:July sworn, hereby state and certify
that ·.e foregoing ~tatenients are true· and correct:
1'. That.' am the D~~~19per (if t~e DeVeloper is an individual), or the ~ t{o..~if (fill in
the title of the posItion held with the Developer) of the Developer.
2. That the Developer has paid all delinquent andcorrently due fees or taxes (including but nof
limited to, real and personal property taxes, utility taxes,. and occupational taxes) collected in
the ·normal course by the Miami-Daoe County Tax·Collector, and County issued parking tickets
for vehicles registered in the name of the above developer, have been paid.
~ ~. Printed Name of Fiim
ft> \00 S Uy\~+ 1) i\"L I S~~ .}..\\C\.YY\', ) fL ~=3\ 4:>
.. Address of Firm
.. SCRIBED AND SWORN TO (or affirmed) before me this I ~ 4l. day of ~~ '. 20JiL .
.. . By ·.Hcol:-or M i (6....b » k He/She is personally known to me or has presented
.......:_~ _____ ~ _________ as identification.
'gnature of Notary
Print or Stamp Name of Notary
Notary Public-State of t'k)V'i elk..,
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006
NKENGA A. PAYNE
MY COMMISSION # DO 714025
EXPIRES: OclQQer 5, 201 j
80nded Thru Notary Public Unde ..
Notary Seal
9
Serial Number
. Expiration Date
FORM A-12
CODE OF BUSINESS ETHICS
In accOrdance with $ection2-8.1 (i) of the Miami-Dade County Code,. each person or
. entity that seekstpdo Pusiiless.with·the County·shall·adopt a Code.of Business Ethics
("Code") and shall, prior to execution'of any contract. between: ·the contractor .and the
.County, submit an affidavit stating that the contractor has adopted a Code that ~omplie$
with the reql{irements ofSec~ion 2~8.1 (i) of the Miamj':Dade COUlity C9de. Any person
. or entity that faUs. to sUQmit the required affidavit shaU'be ineligibfe for contract award.
'The Code of Bu~iness EthiCs shall apply to all business that the contractor does with. the
. ~ounty and shall, at a. minimum, .require that the contractor:
.. Comply with a!! applicab!e governmental rules and regulations including, among:
others, the Miami-Dade County Conflict of interest and Gode of Ethics Ordinance
and the. False Claims Ordinance. .
• Comply· with all applicable rules and regulations regarding Disadvantaged
:Business· Enterprise$~ Black BUsines$ Enterpri$e$, Hispanic;, Business
.. .. Enterprises. 'and VV()m~n. Business Enterprises (hereinaftercolle.Gtively Minority
.!3osiness .. E.nterprises, ~MBEs"). and Community Srnalf· 8usiness Enterprises
(CSBEs) ahd:shall'sp·~cifidally prohibit the followingpra¢ti~s: . '
'0 'pass.,.1hrough., Regtiirements. The Code shall"prohibit pass-throughs
whetebythe prime fire r~q(,lires thaf the MBE or eSBE. finn accept
payments as a·MS·E or eSBE and passtnroogh tl1pse p~yments or a.
portion·of those payments to another entity 'incll:1ding;' Qut riotliniite~· to the
QWfl~rlqper~torqf.th~ pril1iEdirm; , :.. ..
o .~ental:Sp~cel Equipment or Flat Ovemeadl=ee·Hegulrements. The :Code
shall pr~hibit rehtal :~pace requirElmerits t equipment. requirements; and/or
flat. overhead fee :requirement$. whereby the. prime firni' requir¢s t~e MBE
qr .CSBEfliTrl torenfspac;e or eq~ipment frQ.mtiieprime firm 'or charges a
flat OVerhead fee tor theu·se of space, equipment, secretary, etc:
o Staffing .Recjuifemenls. The Code shall prohibit the, prime firm from
mandating r a~.a;qO.ndition to inclusion· in th~ project. that. a MBEor·CSBE
hire~' fire •. O(proi:liote ~ertain individuals nct emp1oyedt>y th~ prime ·finn,or
uJiliz$staff employedQr previously employed by the prime ·firro.
o MBE or eSBE Staff Utilization. The COde sha,1I prohibit the .prime firm
from ·re·quiring ti:le MBE or eSBE fir:m to provide. more staff than is
necessarY: arid then utilizing the MBE or CS[3E st~ff for oth~r wod< to be
performed by thepiime firm.
'·0 Fraudulently creating, oQerating or reRresenting MBE or eSBE. The Code
shall prohibit .<it. prime firm including, but not limit~d to, the
bWliers/Qper(itors . ·lhereof, from fraudulen~ly creating~. operating or
repres'entiilg, an. ~,ntity as a MBl;: or esBE for purpO.ses of qualifying for
certification as a MBE ot eSBE. .
• ihe Code' shall also require that on any contract where MBE or eSSE
p'articipation is p'urp'O.rted~ the cO.ntract shall specify essentiai terms. including, but
noUimited to'; a specific. statemen't regarding the percent of participatiO.n planned
for MBEs or eSBEs, the timing of payments and when the w<?r!< is to be
·perfo~m.ed. . .. . . :. ... . ... . : . . . . .
• '. • •• 1
• The failure of !3,contractor to cOmply with its Code QfBusiness E:thics shali render
any cOntract between the, cOntractor and tl:le Co~nty voidable, and sUbject
viqlators to debarment frqm future County work purSuant to Section 10~38(h)(2)
, of the Code, The Inspector General shall be authorized to Investigate any alleged
violation by a contractor of its 'Coqe of Business Ethics,
By: ------r-a~/. ~----,-:--:-.. ~',
7 Signature of Affiant
memtir /(;, 20~
Date I
, ''''d'd f F' ' '. ",', " :,_ '_. " ,'_' "'~ res~o Irm". ' .. ' '., ' ...
" SUBSCRIBeO ANO SW~RN TO (of,affirm~d) be~ore me this 1 kJ· d~y'of fu. ,20 /0 . . . . . . . .'
. H~!She ispersorially known to me or has presented' , as identification.
. -' -'.' . ..' . Type ofldentification
·Slgnat~""'ry .. ·· j~~~~~ ~ -NKENGAAPAYNE
'Print or Stampe'd Narne ?f Notary
MY COMMISSION # DO 714025
EXPIRES; October 5,2011
Bonded Thru Notary Public UndelWllters
Notary Pu~lic~ State of . ~ \ Di, ~~ '.
Serial Number
Expiration Date
COLtUSIO~ AFFlDAvrt
(~d(J of Miami~Dade County Section 2-8.1. 1 a~d 1Q-33.1) (OrdimmcoNo. 08~1~3)
BEFORE ME., A NOtARY PUBLIC. personally appeared {kcJqr t-1irab;k: ' who being
duly sworn states:,' (insert name of i;lffiimt)
: . . . ' .
',am' over 18 years of age, have personal knowledge (>fthe, facts :~tated iO-this -affidavit '
and I am an owner. officer. director. princtpa' shareholder ,and/or { am otherwise 3t.1thOriZe<:l to
bihdthe bidder of this c6ntr~ct, ,
i' <>ll:lle ihai ((1(: iJiooer of this oonb:act
'tv{ is, flOt related ~o, any o!, the o~ef parties biddirygin theco!'Opetltive 'soli~tion! and that the I"" contfacto~s, proposal is g,enume ,afld not sham or e:oUUSIVe or made 10 ,the IIlter~t or on
, beW;llf of a~y pers~n fl9t therein flame<:!. , and U)atihe oon~ct9r n?s not, directly Of indirectly,
ind\:jced or solicitE)d any other propos,er to put,in a sham propri&aI,'o,l':any other persOtl, firri'l:
or',Gorporatiol) to refra~ from propQSin9.andth~t,the pr<iposer ha$ iio~in,a!lY mann~ so~ght.
. ' "by':collusiorrfo s~re, tdthepl"opoi>et ail advant~ge ov.er-any' 9!.herprOpo~. ',,' '
OR' ,,' ,', " , ", " ,':' "".": ".' , ' : "" " : '
0: 'i~t related to, 'tne:tolI9wing parties wlio' bid' in the soli'citi:ition Whi¢h :$r~ .identlfied, 'aM 'listed, 'below: " ,.,' " ' " ,
J';lote: f.,ny'pqrs~nor ~ntlLY that fails tq~!,1bmif ihis'ex:ecutfmaffiq~itit shall' be .iri~lIgible fpr
oon~racta~ard", In, : tf:1~ eY,ent a ,recOmmOOd~d, ,co_n,iaG~or identifi~, tela~ed' part~s ,: in" the
tompetitM~solidfufiot:i its biQ' shall 1;>e presumed to De'collusive and tIle'r&ximmended,oontfactor
snail b.e ineligible lor,:aiNard,u(de~(pt..es.tiniptipn:l~ rebUttecft>yprooentationqf evidenl,re as 'to
Ule:,e,qeqfofpwrterShjPi oontfbf~ttd :niariagemeht of~cn ielat~ partles'iO';the,p~pa:ration aM,
j;u~mittat, of. suCh' bids' or, ,ph;lpo:;;ats.",~eiat~ parii~$hait-: t'fiean, ~idd~rS_ orptoP9sers,' or' the.
',prlnQip,als. c6rpijr?te Q~rs; andm~agers tn~eofWf:lIGtr,~ave:,~ <fir~or-!~dlrect ownership
,mter~ in, ~not~~ ,b.~d~r Qr.Propo~~ fof' tt1~', S3fl)e agreem~lJt o:r-'il:lvro.i~ a,p.~ftmt.CO~lpany 'or
the princlp~ts, thereof of qne, (1) bidde(pr pt'opo~r have a direct 6r1ndirect: o'Wri$rship interestin
"another t?ldden)t p~()poser for: the'same agreement Bids or,proposats found to be eolluslVeshaU
"J>e feJ~ed. ", fl. ,':. ", '
By: ,LJ:~~ D.ecelYlber /(0 , 20lQ
/'Siinature of Affiant Dare
, ·~tor v\\(~\?i\e. >. Y hQ 'J C~ t1Q.M yc 5J~-ill 0 10.1 D ,!:h.3i.LJ
, Printe<fName of Affiant and 11~ , ,Federal ~ployer Identification Number
~ ofS.vfu rAi,*,,; , .. .
SOBSC~IBEti AND SWORN TO (or affirmed) before me thisl ~.Q day of ~<:... . 20iQ
. .
.!jg/She is personally known to me or has presented ~ ____ .......",.,--..;,........"..,...:--...".,...---:-: __ .....:.-'as·
identification. ' Type of identification
Priht or Stamp Name 0
Notary Public -.State of 'Flori
NKENGA .
MY COMMISSION # DD 714025 enal Number
EXPIRES: October 5, 2014--4Jh"""--:-"-~~-:---
Bonded Thru Notary PUblic Underwrilers ',plratfbn' Date .
Notl'lrY seat
j
CERTIFICATION REGARDING LOBBYING
The und'ersigned certifies. to the best ofh'i~ Qt her knowl~ge and helief;that
L No Federal 'appropriated funds have. been paid 9£ will be paid, by or on behalf of the
undersigned, to, any person for influencing or attempting. to influence an officer' or
employ~e of an agenbY, a Member of Cortgress, an officer or ernptoyee of Congress,
· or an emp,ioy~e of a Memb.er Qf .Congress in connectio.n with tll¢ awarding of any
Feder<l1 contract, the making of any 'Federal grant, the maldtig~ of any Federal loan,
the entering into of any cooperative agreement, and the' extension, continuation,
reuewal,' amendment, or modification of any Federal contrac!, grant, lQ~.n. or
· cooperative agreement.
2. If-any of the funds, other .than Federal appropriated futidshave been paid orwUi'be
paid to 'any person for influencing ·or attempting to ,influenCe an officer or employee
,of any agency" a Meniber, of Congress, an' offiCer or cl11ploye¢of Congtess~ or. an
employee ofa'Membir of Congress:inConnecti<~n'withthis Feder~f·cotitr.a~ iWmt. '
I~an, otcoopehi.tiveag'reement, the tlnd~rsign~dsha]l cotnpl¢.t'e:ajid',s.4bmitStandar<i,
FornLLLL,' ~'Disdos~e Form" to Report Lobbying~" . iii ac<:ordance: with 'its
instructions: .
. ,
3. The und~rsigned shali reqpite,iliat the langUage of'this ,qeriification be included in
the award docu.mep.ts.foI: all subawards .at all tiers (inclMing .subyo~ttacts) .su~grants,
,and yontrac~Widel;"grant:s, Ipans;,.and .. coope!a:thte ~greetn~nt iriexcess of,$~OOtOOO)
· aIid that all s-ubrecipieJ;lts shall·certifY and disclose accordingly.
4. This .ceitificat~oil is a material representation of fact upon which reliance was placed
when this transaction 'was made or entered·,mto. SubmiS$ion..of thls' certification is a
prerequisite f~r mahlrtg or' entering' illto t4is tranSactio~' oiw.ppsed 'by section 1352, .
title 31, U.s. C()oe. AD,y person who' fails to fil~~e ·required· certification. shall be
subject to a CivilpenaltY"of not less than' $lO~(JOO arid not. more than $fQO,OQO for
,each such. faUtire.
By:
7~ {SigIJalU'C()fAutbOli;iRepr~cut1lti.ve}
Print: (t.:g 0 t ~ J\n '~~()"M\ / Beck 'l--\ircx\1i\e.' ~. D.
(print N'a.m~ C)(mrm lind AUtborlzc4 RepreSentative) i .
Title: e:t~ ~\M~
D~te: :Dec £m\;i.e[ IIp,· dO} 0
Agency Name
DISCLOSURE ABOUT RELATED PARTIES
:OJ f£Yi\ ber \ tt>, J D \ 0
Date
THERE ARE NO BOARD MEMBERS OF THE ~ of South MjwY'"{
(Agency Name) WHO HAVE ANY RELATIONSHIP OR HAVE 1yIAI)E ANY
TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A
CONFLICT WITH ~ at SoJth ·B\~; (Agency Name) OPERATIONS.
By:
LIVING WAGE REQUIREMENT (Miami-Dade County Ordinance 99~44)
Effective November 11, 1999 the provisions of Miami-Dade County Ordinance 99-44 and Section
2-8.9 of the Code of Miami-Dade County shall apply to all service contracts involving the
expenditure of over $100,000 per year for "Covered Services".
"Covered Services" are the type of services purchased. by the County that are subject to the
requirements of the Living Wage Ordinance which are one of the following:
(1) County Service Contracts
(i) food preparation andlor·distribution
(ii) security services
(iii) routine maintenance services such as custodial, cleaning, refuse removal, repair,
refinishing and recycling
(iv) clerical or other non-supervisory office work, whether temporary or permanent
(v) transportation and parking.services, including airport and seaport services
(vi) printing and reproduction services
·Cvii) 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 qualify for the wage rate for employees With health benefits.
The Service Contractor shall also agree to produce all documents and records relating to payroll and
compliance with this Ordinance prior to award of a contract as a result of this solicitation upon
request by the County.
If records reflect that the Service Contractor is in violation of this Ordinance, the County has the
right to sanction the Service Contractor to include but not limited to termination, fine and
suspension.
This Ordinance encompasses various responsibilities that must be accomplished by the successful
proposer such as record keeping, posting and reporting. Upon the award of this contract, the
successful proposer must be prepared to comply with these requirements as outlined in Ordinance
99-44.
5/01
10f2
FORMA-II
MIAMI-DADE COUNTY, FLORIDA
MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 99-44 and Section 2-8.9 of the Miami-Dade County Code)
Solicitation No.: _--I~o...>.J-J-,-/_A_~ ___ _
Title: _.L.\-'~~JytJ,.Q.>o.j'l-----'-P o.;J?~--,a...,,· ji"""-'~oh~' G,---". G-.X-d.en~kL~--~GJGl.I.IJn..l<..).Sfu'..L.ll..v~dtUL.!QYl~f!k~::......::::L
I, &cb)( M if 0\ b, Ie. 1 Ph. D.. ' being first duly sworn hereby state and
certifY'that in compliance with Miami-Dade County Ordinance 99-44 and Section 2-8.9 of the Miami-Dade
County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage
required by Miami-Dade County Ordinance 99-44 to all employees assigned to this contract. The bidder or
proposer further understallds that the current living wage applied to this contract is $8.56 per hour plus health
. benefits as described in the ordinance, or $9.81 per hour without health benefits.
By: _~~,--:--,-~i...:..-....,' ---?-::-"O ~O~ __ 7Si~
5 (i--_i{2.L9.J~~r3!~~_
U'7p;f ~n:/lf/!!n(J.m;
. · AddressFofFirm
SUBSCRIBED AND SWORN TO (or affirmed) before me this I~il ,2010
by J=t,Ji)'f n \ If (vb ~ k . He/She is personally known to me or has presented
Affiant ----
as identification;
----~--~~--~~~~----------ofIdentification
---------~~~--~~~--~~~~~~~~. ~~~~----~~~~~------~ ature QfNotary ";'.~Wf."'" -NKENGAAPAYNE Serial Number
, • " ~\ MY COMMISSION It DD 714025
" EXPIRES: October 5, 2011
ed Thru Nolal)l Pubf!G Underwlilel.
Print or Stamp Name of No Expiration Date
Notary Public -State of 1= ~OJ i JI--Notary Seal
Rev. 1120100.
20/2
FAIR SUBCONTRACTING POLICIES
(Ordinance 97-35)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certify that the foregoing information is true, correct~~co~lete~
Signature of Authorized Representative: _~(/0_:"-/-=~-=--':~7L-~ ____________ _
Title: ~ry MMoJ?)Rf Date: J;>ecem \:7er l to I ;? 0 1 0
Firm Name: ~ of 0ovt"h 11 ~tVY\ \ . Fed. 10 No: 51-~ooo l.-(31
Address: (q \,;?D 8U'\~+-Dn..J.Q..
City: So tfu t-...\'D-.M.; State:_n.-~ ____ .Zip Code:_3=-8._\~<-\...:....:=3,-----____ _
Telephone: ~ Lu{Q~-c05\O Fax: &§ {Q~3-Co3YS'
12
Microsoft WordfAffidavits 2006/Revisedlmdm-01-04-2006
12/20/2010
Purchasing Policy
City of South Miami
The City Commission's approval is required on all purchases over five thousand dollars ($5,000.00). To
this end, resolutions prepared by the department requesting the purchase shall be submitted to the City
Commission for approval before the purchase is made. In the event of an emergency, approval may be·
given by the City Manager pending later ratification by the City Commission. Unauthorized purchases
are not allowed and considered to be a non-obligation of the City of South Miami. The person ordering
the unauthorized purchase is personally liable for the costs of the purchase. Splitting of orders through
multiple purchase orders for the same goods or services to circumvent bid procedures is improper; they
are unauthorized and illegal. It is imperative that all personnel who are involved in the ordering of goods
and services are completely informed about purchasing procedures and complies with the provisions.
Purchasing procedures are divided into two different categorIes as follows:
PURCHASE OF ITEMS OR SERVICES UNDER $5,000
Using the order form, the departments shall submit requests for all purchases to
Central Services Office, indicating the date item is needed, if applicable,
description of item including parts and/or manufacturer's number, quantity of
item needed, budget account number to be charged, and Department Head's
signature. In order to expedite the process, it is advisable that departments
submit three price quotes with all orders above two hundred dollars. When
replacing non-office supplies item, written justification must be provided, and
the damaged or.obsolete item must be submitted to the Central Services Office.
Upon receipt of the order form by the Central Services SpeCialist, a process of
verifying the price quotes will follow. This involves checking the price quotes
submitted by the departments with the vendors, if not written. In the case of
acquisitions dealing with sole source, approval by the City Manager will be on a
case by case baSiS, and justification must be provided.
RequiSitions using other government bids will be accepted provided a copy of
the. awarded bid reflecting the bid number, expiration date, products and or
services, and prices on the proper government letterhead is provided.
After verifying the price quotes, the Central Services Specialist will prepare or
verify the departments requisition/ and key in the system to request a purchase
order.
In cases where total goods and services obtained from a vendor in a fiscal year
is expected to exceed five thousand dollars ($5/000.00), an open purchase .
order method will be utilized. This method consists of drafting a resolution to be
presented to the City Commission by each department requesting authorization.
Once the total amount of purchases from the approved vendor exceeds ...
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12/2011010
.p,brchasing Policy
City of South Miami
the amount authorized by the City Commission, a new resolution will be drafted to request new
authorization.
ACQUISITION OF ITEMS OR SERVICES EXCEEDING $5,000.00
The procedures for acquisition of items or services over five thousand dollars ($5,000.00)
shall be in accordance with the City Charter. Departments shall submit order form to the
Central Services Office indicating items or services to be purchased, quantity, date needed,
and Department Head's signature.
Any of the following three formal competitive bidding procedures shall be utilized when
acquiring any item that falls in this category.
1. COMPETITIVE.SEALED BIDDING PROCEDURE
Invitation to bid shall be issued by the Central Services Office and advertised in a
local newspaper. The invitation shall contain a detailed description of the items or
contractual services sought; the deadline for submittal of all bids, and all contractual
terms and conditions applicable to the procurement of the.items or services. Opening
of the bids shall be administered through the City Clerk's Office.
2. COMPETITIVE PROPOSAL PROCEDURE
The Central Services Specialist shall seek competitive proposals from at least three
different sources of supply using the specifications on the order form submitted by
the departments. The vendor with the lowest bid shall be awarded the contract,
unless it is determined to be a low-ball, at which time the City will exercise its rights
to reject the bid and select another one.
3. OTHER GOVERNMENTAL AGENCIES' FORMAL BIDDING PROCEDURE
Bids received by other governmental agencies on similar items or services that the
City is acquiring may be used if the agency follows similar competitive bidding
procedures set forth by the City.
THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL RESPONSES RECEIVED ON
SOLICITED BIDS.
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ATTACHMENT H
. SUBCONTRACTOR/SUPPLIER LISTING
(0 rqinance·97-1 04)
Firm Name of Prime Contractor/Developer C;~ Dt Sv1h }v\\o-..YY\'\
ThIs fQrmj.ora comparable IlsHng meeting the requirements of OrdilianceNo. 97:-104, MUST be qompleted .
by the developers on Cou'oty contracts for purchase of supplieS, materials or services. including profesSional
services which involve expenditures of $100,000 or more, and a.1I developers on County or Public Health
'. Trust construction contracts which involve expenditures of $100,000 or more, This form, or acomparai)le
listing ineetin9th~·requirements of Ordinance No. 97-104, mustbecomplet¢dand 'submitt$d even
though th~ :i:ievelop~r will not utilize subcontractors, orsuppUerson the, contract. The developer
should enter'the, w()rdf<NON{:" under the appropriate heading on' this form in those in$t~nces, where
no ,$ubcol)traci()rS or suppliers will. be used on the cont~c,t. 'The de\1elopE;lr who is '.awarded the contract
. shall not ch~nge of-substitute first tler subc<;lntractors or direct supplier$Of the portions of the contract work
to be'performed or materials to be supplied from thOse identified" exceptupon:written approval of the County. . -.. " . --. ",
I certify that the representations C9ntained in this Subcontractor/Supplier Listing are to the best of my
knowledge true and accurate.
, Print Tit!
j)g(f'\'V\~ 'Co, ,Q(Dto
.. Date Authoriied Representative
(Duplicate If additional space is needed)
13
Microsoft WordtAffidavlts 2006IRevised/mdm..o1-04-2006