11TO:
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
Steven J. Alexander, City Manager
South Miami
kU)dl
'Olr
2001
September 17, 20 I 3 Agenda Item No.: 1/
A resolution authorizing the City Manager to execute Amendment Four 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 June 30, 2013 to January 31, 2014.
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 31, 20 I I.
Amendment Two to the Combined FY 2008, 2009, 20 I 0 Murray Park Aquatic
Center -Construction Phase 1 from Miami-Dade County's Department of
Public Housing and Community Development (PH CD) extended the contract
for one year to December 31, 2012. Amendment Three extended this grant
contract an additional 6 months to June 30, 2013.
The City of South Miami was approved for an additional contract extension
for 7 months to January 3 I, 2014 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:
ATTACHMENTS:
January I, 20 I 0 through January 31, 2014
Amendment Four 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 58-13-13876: 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 to extend the contract expiration date from December
31, 2012 to June30, 2013.
Resolution 232-11-13546: Amendment Two to the Combined FY 2008, 2009, 'II,
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.
Letter dated October 4, 2012 from Letitia Goodson, PHCD, to Hector
Mirabile, Phd., City of South Miami, no Amendment One due to Scrivener's
Error.
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 Four 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 (PH CD) to extend the expiration date from June 30,
8 2013 to January 31,2014.
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, Amendment Three to the Combined FY 2008, 2009, 2010 Murray Park
23 Aquatic Center -Construction Phase I from Miami-Dade County's Department of Public
24 Housing and Community Development extended the contract for six months to June 30, 2013;
25 and
26
27 WHEREAS, the City of South Miami was approved for a 7-month contract extension to
28 January 31, 2014 in the form of a grant agreement amendment with Miami-Dade County's
29 Department of Public Housing and Community Development for the Murray Park Aquatic
30 Center -Construction Phase I; and
31
32 WHEREAS, the Mayor and City Commission wish to accept the grant agreement
33 amendment with Miami-Dade County's Department of Public Housing and Community
34 Development; and
35
36 WHEREAS, the Mayor and City Commission authorize the City Manager to amend the
37 agreement with Miami-Dade County's Department of Public Housing and Community
38 Development to extend the expiration date from June 30, 2013 to January 31, 2014 of the grant
39 agreement amendment for the Murray Park Aquatic Center -Construction Phase 1.
40
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
43 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
44
45 Section 1: The City Manager is hereby authorized to amend the grant agreement with
46 Miami-Dade County's Department of Public Housing and Community Development to extend
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
the expiration date from June 30, 2013 to January 31, 2014 for the Combined FY 2008,2009,
2010 Murray Park Aquatic Center -Construction Phase I.
Section 2: This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this __ day of , 2013.
ATTEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
2
Resolution Number # R-1222-07: R-1127-08j R-914-09j R-1284-09; and R·111·10
Duns Number #024628976
Awarded Amount $1.207.374
CDBG2010
Municipality
AMENDMENT FOUR TO THE COMBINED FY 2008, 2009 & 2010
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI·DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Amendment amends the Combined FY 2008,2009 & 2010 Community Development Block
Grant Contract between Miami-Dade County, a political subdivision of the State of Florida,
hereinafter referred to as the "County", and the City of South Miami, a municipal government
organized under the laws of the State of Florida, hereinafter referred to as the "Awardee" or the
"City", executed on May 16th , 2010, (the "Contract" or "Agreement") is amended as follows:
1. Page 29, Section IV (A)( 2), first sentence is amended to read as follow:
This Agreement shall expire on January 31,2014.
1. Attachment A-1 of the Contract is replaced in its entirety and is hereby amended by
Attachment A-1, which is attached hereto and incorporated by reference.
The effective date for this amendment is June 30, 2013.
All references in the Contract to the expiration date shall now read the expiration date of
January 31 [ 2014. .
This Amendment is intended to extend the Combined FY 2008, 2009 & 2010 Community
Development Block Grant Contract between Miami-Dade County and the City of South Miami
executed on May16th, 2010 (the "Contracf' or "Agreemenf'), until January 31,2014. The Parties
ratify and adopt all the provisions, duties and obligations of the Contract as if fully set forth
herein.
This Amendmenf and all its attachments are hereby made a part of the Contract.
Except for any·changes enumerated above, all provisions of the contract shall remain in full
force and effect.
Page 1 of2
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
IN WITNESS THEREOF, the parties hereto have caused this two (2) page contract to be
executed by their undersigned officials as duly authorized, this day of
_______ 2013.
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY:
NAME: Steven Alexander
TITLE: City Manager
DATE:
BY:
NAME: __________ ~ __ _
TITLE: ____________ _
DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
FederallD
Number: 59-6000431
R-1222-07; R-1127-08; R-914-
Resolution #: 09; R-1284-09; and R-111-1 0
CD534C09CI; CD535C08CI;
Index Code: CD534C09CCI; andCD536C1 OCI
BY:
NAME: Carlos A. Gimenez
TITLE: _M-'.a-'yo_r ________ _
ATTEST
BY: --------------------------
TITLE:
Contractors Fiscal Year Ending Date: September 30th
CORPORATE SEAL:
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 2of2
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Pill102
RESOLUTION NO. 58-13-13876
A Resolution authorizing the City Manager to execute Amendment Three to the
Combined FY 2008, 2009, and 2010 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 (PH CD) to extend the expiration date from December
31, 2012 to June 30, 2013.
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, Amendment One to the Combined FY 2008, 2009, 2010 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 31,
2012; and
WHEREAS, the City of South Miami was approved for a 6-month contract extension 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; 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, 2012 to June 30, 2013 of the
grant agreement amendment for the Murray Park Aquatic Center -Constmction Phase 1.
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 with
Miami-Dade County's Department of Public Housing and Community Development to extend
the expiration date from December 31, 2012 to June 30, 2013 for the Combined FY 2008, 2009,
2010 Murray Park Aquatic Center -Construction Phase 1.
Section 2: This resolution shall be effective immediately after the adoption hereof.
Res. No. S8~13-13876
PASSED AND ADOPTED this 1 9 thday of March _ •• > 2013.
ATTEST: APPROVED:
__ I1!i!!;.)dJ
MAYOR
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Newman: Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
2
Resolution Number # R-1222-07j R-1127-08; R-914-09j R-1284-09; 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·1222-07; R.1127.08j R-914-09j R-1284-09j and R-111-10
Duns Number #024628976
Awarded Amount $1,207.374
CDBG 2010
Municipality
AWARDEE:
City of South Miami
MIAM'-DADE COUNTY
BY: BY:~
. I
'-_/
NAME: Steven Alexander.
,A)y
NAME: (). Carlos A. Gimenez
TITLE: Acting City Manager TITLE: Mayor
DATE:
BY:
Maria M. Menendez
ATTEST
BY: --~~=~==========---------NAME: ----------------
TITLE: f!J;; ~
DATE: ,,3/~/'5/;LOI3
Witnesses:
BY:
FederallD
Number: 59-6000431
R-1222-07; R-1127-08; R-
914-09; R-1284-09; and R-
Resolution #: 111-10
C=D=-5=-'=3C-:4'"=C-::-09::-CC='-; C=D5=3:-::5=C=0=-:8C='-; -
CD534C09CCI; and
Index Code: CD536C10CI
TITLE:
Contractor's Fiscal Year Ending Date: September 30th
CORPORATE SEAl:
Approved as to form
°ndlr;r;~~ . ~n~Ttlomey
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 2 of 2
}" ,
MIAMI'~ t!'lmii1~
Carlos A. Gimenez, Mayor
April 25, 2013
Mr. Steven Alexander
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 Three to the Combined FY 2008,2009 & 2010 Community Development
Block Grant Contract
Dear Mr. Alexander:
Enclosed is an executed copy of Amendment Three to the Combined FY 2008, 2009 & 2010
Community Development Block Grant (CDBG) Contract between the City of South Miami (the
City) and Public Housing and Community Development (PHCD) for the Murray Park Aquatic
Center (to include Swimming Pool) project. The effective term of this agreement is from
January 1, 2010 through June 30, 2013.
Your staff must ensure that PH CD receives all reports and other required documents identified
in the contract by the required deadlines to avoid suspension of funds. If you have any
questions, please contact me at 786-469-2220.
Sincerely,
.~LlAJrt~~6~J
Letitia S. Goodson
PHCD Project Manager
Enclosure
RESOLlJTION NO. 232-11-13546
A resolution authorizing the City Manager to amend the Combined FY 2008, 2009,
and 2010 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 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 fonn 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 1.
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 Decemb~12011.
ATTEST: APPROVED:
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
2
4-0
Yea
absent
Yea
Yea
Yea
TO:
FROM:
DATE:
SUBJECT:
BACKGROUND:
GRANTOR:
CITY OF SOUTH MIAMI
OFFICE OF THE OTY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
South Miami
b~ mr' 2061
Hector Mirabile, Ph.D .. City Manager ~
December 20. 20 II Agenda Item No.:E
A resolution authorizing the City Manager to amend the Combined FY 2008,
2009, and 20! 0 Community Development Block Grant agreement with Miami-
Dade County's Department of Public Housing and Community Development
(PHCD) to extend the expiration date from December 31, 20 II to December
31, 20 [2 for the Murray Park Aquatic Center -Construction Phase I in the
amount of $1,207,374.
Miami-Dade County Public Housing and Community Development (PH CD)
awarded the City of South Miami the Murray Park Aquatic Center -
Construction Phase I with an expiration date of December 31, 20 I I in the
amount of $1,207,374. The City of South Miami was awarded multiple grants
for the Murray Park Aquatic Center -Construction Phase I that were
combined into one contract Combined FY 2008, 2009, 20 I 0 Murray Park
Aquatic Center -Construction Phase I from Miami-Dade County's
Department of Public Housing and Community Development. The City of
South Miami was approved for an additional contract extension for 12-months
in the form of a grant agreement amendment with Miami-Dade County's
Department of Public Housing and Community Development for the Murray
Park Aquatic Center -Construction Phase I.
Miami-Dade County' Public Housing and Community Oevelopment (PHCD)
formerly known as Miami-Dade County Department of Housing and
Community Development (DHCD)
GRANT AMOUNT:. $1,207,374
GRANT PE.RIOO: January I, 20 W through December 31, 20 I I
ATTACHMENTS: 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 MuriaY Park Aquatic Center Construction -Phase L
Combined FY 2008, 2009, and 20 I 0 Community Development Block Grant
Contract between Mjami~Dade County and City of South Miami for the
Murray Park Aquatic Center Construction -Phase I.
1~C'Sf)llIti Oil !\lumber # R·1 :?.?d:ilZ..;,..ft::1111·Ql!i R:l!11:Q_~: R···' :?.?4.0_\JL':lJ..l!!B:i1. i:1Q
Duns Nwnber #024628976
Awarded Amount $J.:iQi:rr1
CDBG2010
Municipality
AMENDMENT TWO TO THE COMBINED FY 2008,2009 & 2010
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
The contr~ct entered into between Miami-Dade County, a political subdivision of the State of
Florida, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to
as the "Awardee" executed on May 16th, 2010, is amended as follows:
1. The Contract is hereby amended to delete aU references to "Department of Housing and
Community Development" or "DHCD" and replace it with the said references of the "PubliC
. Housing and Community Development" or "PHCD".
JJ-fo,--Pa§le-'J,SestiOI1-H-(G)-iSamended-to-reae...as-fuIIGWS:-
{ I V( Geft#~e~H-Y
TJ:le-AwarBe~-&I~alf-.-be-resp0n&ible-·fGr--BliS~Jfing-t-\:.\at-tRH ..... inSHFanGe-GHliifiGa-te-s~q8-fred-jn
{;orljuf1{;tiGA-·wjtA--thi-&-s~lbseGti0n--FefnaiR-in-f0FG&-feF-the-dHratiGFI-0f--t·he-Agfe6rneRt--per-ied,
iAG!uEliRfJany-an€l-aU-eptiel1-yeare,ifappIlGabl&.-1=he-Aw"wElee-Hit~st--have-.:t-he-G0\lerage-Gjted
jH-#!e-Flew--Attast-unent--B-4{B-l-Bf-the-agreeil1eAl:...attAe-tlegtHfl-ingsf··the-eentmBt-c-l.f-the
1f-1SUfBl1B&-GemfisatBs-are-sGhedlll('}d-l-o-e.*pIFB-GHriAg-the-.Agr:eeH-leflt--peFio~:j,-the-AwafGee
s(~alj.J.3e-respgR8fl:Jle--fBr:-sOOmiUing-Flew-0Henewed-iHBtlranGe-GefHfisates-4H -the--GeUHty--c"lt-a
ffiinknum·-GftlliRr(.JQ~,aIeA€larday-st:>ef-oFe-suGh-exr.il;,'1tjeH:
IA-the-evel'lttflat--e*pirati0H-Ger-tifiGares--arenot-(Bplaeed-with fleW 0Henewe4eertifieates-tl:lat
GHV8r:...H-l&-AgH'3eA-lenH:lefiGe,-t-l'le--CGHHtYHhall-guspend-tl'leAgfeement-unjil··-tl~e-+l€w-er
Fefl8wed--Gerti.ficates---ar8--reGeived -by--the-.G0HRty··iFl·····th(-J-·marl FIeF -prescribed-.. j n----l:l1e
fe('lt1imr-nenffii--f}fo'Jideo,I=tGwBver-,-that--thi&SIJSpeHded-!~efiGd· £l.oeSJ'1ot-B*Geed-tAirty-{3o..}
days,--the-GfJllti'ty-+nay,-at-its-seledisBretiGfl·,--terminate-tlie AgFeern6Flt-;--Fd ()f-.(0e*eButiGfl-Gf
f:I:'le-Agf.eemeRt-By·the .... Geun~y.··anE1GemHleHGernent-ef-the-GGHt.r-aGted-BerviGes,tl=!e·Awurdee
shaH .... oetain-allinSHFanee-require€l--undeF-tAisS)eGtk)A-and--sHflmit-·g8I'fle-to-the-Gol-lntij--foF
appf9valo-Al!-insHrer~Ge-sAall-be-maif1talHe(,:I-·tlifoH§!qout-the-term·of..tlieAgF~3ern8nt-;
f 1 '"--PaS& 4, &lGiiof>-Il{F-){ 1 ~ i.remencled-«HeaB"3&feJl0ws,
. Gertificates of Insura~Be
Th0-0FighiBl-te-be-H0G,,)jvef!-I'i)y·PllGD--withjr~· thef.ir&t-HtGrrt·1+0f-lilis-AgreerH(:1n{-pel'iGd,aH(~
submitted--wfth-eaGh-paymenl.c-requesf, if1{)ludiH9-aAY-roH8waItT,-pfiof-to .... payment-s·-fnae{+-by
the·Gounfy-:--T-he-e#eGHve-·Elate-oftl1e·GHVerageITH:lst-G()ineide-wlH·1-thec begk1Hif.lgdate efthiB
a~
Page.1 of 3
Resolution Number II. Rd222:Ql;..!H 1?"I:-O!l;..g·~3LH_!J;1$~J.fM:9Jl.;.ill.11lJ-1 tHIl
Duns Number 110246213076
Awarded Amollilt $lJm~Z.'1:
COBG 2010
Municipality
(30-V6'FnFfiEH+tentity sh<:)lt~Hdemnif.yanfJ. hGld-F181mle-ss-the.GGlclRtY~lI1d·its effiG8FS,-
enlpfeyeeS.~3§ef1t.&·aHd··instrufHeRtalitie(:hffGfH--al'lY-an(~-aU--ltabHity,·leses-er-daFf18§lBS,
iFlG!\;lGiHg-....attemey's ··f~"BSaFld ··eostsHf-.{jefenBe,--WAiGA--the-GeuntY-0f -its· officer&;
emf}loyee&,--ageAts·'0F4nstFl;lmentarities-rnay-..jf1GUH~&a-Fe6ult-·of GlaiFfl&,-E/emands,-Guits,
Gatlses-ef--8G!{eH&-Hr,pFflG&.s\flings··ef-·any....J<;iREl-ef~Rat·Hfe-aFisiAg.-ol-Jt·0f.-f(~!atil1g.-to-or
reBultiAg·ff-oH-}-the-"PHff0FffKlflBe-of--thi8-,Ag.ree~Tlent -by---tl:tEl--Govemment--Bfltity·--0F-its
eHlployees,-ageHt&,SefVant:s,-fJartnerS-pFinffipals,oF-SUGGORtraGt-ors-;--·GoverHA'1Bnt-eHtity
sl~aH-pay·-aIl,-6laiFfl8-af1e-IBBse&iIH;OHfl6Gt1Gn-therewith-"';;lMshalfif-lVestif¥ltBsaRc-l-defene
ajj·-G!aim&,-·stJits-oF--aGtiGHs-0f--atly-I<~A4-0F-F!attlfe-iH-tAe"Rame-·of.-the.GouFltYi··w!:lere
aprlieable,-inGj{::K~iB9-a!3f.lellate-t*000eejngs,anEI--shall"i3ay·a1'-G0st&,juegments,·and
atteFAey!sfees-w!1fGh--may-i-Eistl&t·hereoR.-gGVeFf)ment .. eHUtY-B-~pj:e-<ysly-under-staRl:isanG
agrees· that.any-insUFaRGe-protBBfien-requiFel:i,..:py--ihi&A§jreement-·GF·GUl81wtBe-pr-ov?Eled
/:}y .. GGVefFlment--eBtity.·shall-iFl~n0-way· .. lin,*t-tl:JB.-F€GpeAsiemty-tEl .. inEloolRify,*eep-alid..:save
hafm!Bss-anddefend-the--GoHflty0F its-o[:fiG0rs,em!3loyees.,agElf'lls-aHd-instfumefltBlities
as·hereiAaslleFe-~R-previdedo 11-. AHaGhFAent-8 .. :1··ts ameRded-in-+~s·eRtirety-anEl-replaGetl-withtAe-new-Atta.eAmeflt-I3-4(B),·
5. Page' 29, Section IV (A)( 2), first sentence is amended to read as follow:
This Agreement shalf expire on December 31, 201Y,1
6. Attachment A-1 is amended as indicated in A-i ..
This Amendment is inten(jed to. ext~nd the I:Y 2010 Community Development Block Grant
Contract between Miami-Dade County. p.nd thH City of South Miami executeqon'May16, 2010
(the "Contract"), until DHcember31, 20'12. The Parties ratify and adopt all the proVisions, duties
andqbligatiol1s of the Contract as if fully set forth herein.
The effective d;ate for this amendment is DeGember 31,2011.
EX<:;ept for any changes enumerated. above, all provisions ofthe contract shall remain in fill force
and effect.
This Amendment is intended to. extenQ 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 hereby made a part of the Contract.
Resolution Number#R-1222-07i R-1127-08j R-914·0(t R·1284-09j and R-111-10
Duns Number #024628976
Award Amount $1,207,374
COBG 2010
Municipality
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY: ~~_
NAME: _r1ector fv1irC!bil~~Ph,D._. ___ ... _
TITLE: ~lty Man~9.~ ___ .... ____ ~ __
DATE:
BY: (r,;p, '/) /) \.JJf~-LLh~!:C--rte.rl-bf·
NAME: Maria M. Menendez
DATE:
Witnesses:
BY: --.-_ ..•.....•... _---... -..
_~~ jf {~~:)«.~1~d/\ fl~ . __ .
Type or Print Nam&J
Federal 10
Number:
Resolution #:
Index Code:
59-6000431
.--.~'~----
R-1222-07; R-1127-08; R-
914-09; R-1284-09; and R-
111-10 .--" .. ~-.. ---.,,-,--..
CD534C09CI; CD535C08CI;
CD534C09CCI; and
CD536C10CI
BY:;:t-. JD
NAME: "~. Carlos A. GLl1'lenez
TITLE: Mayor
ATTEST
BY:
TITLE:
Contractor's Fiscal Year Ending Date:...§~!ember 30th
CORPORATE SEAL:
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 3 of 3
i
!
t.GEhCY!' "d·';:"
SC), .... 'RCE
::-Uf'<)!HG CDBG :2008 funds that were used for tilt: Design Phase
Oi""fER r:~"Wi:--':G
TOT,4L ~)RC;":ECT 0:2-
ACCOMPL!S.~Ut:r\ -U·, .. -S
:'yP=
ACTION STEPS
J.Ai"JUARY i, 2009 THRU DECEMBER 31, 2012.
-s-~; DATE
OF
Si',:,r c· SO: .. :lh ~/18rni
ivil r~;.;y PR"'l<; A1U?'~'C 8en:e~ (to 'ncli:),je SV,'!mrrr 1t1Q p::;Cr· .. Con::':,;'Jctior1 PtlHSP ,
,:D6G 20CS, 2CCS & 2010
$1,207,374.00
5185,537,00
s'on.QDD.CO
S~.492,S11.00
40DO
Pecple
~f'VDAfEj fl-I I ----II
Of! -! I PAYMENT LEVEll
Attachment A-1
CuMULATiVE
IACTlONS t:? C.A.TEGORY TASK
i ,Ii! it
7.t<SK I REQUiRED RESOURCE j ui APPROVED Ii
CUMUU ... TfVE
?ERCENTAGE
OF
COMPLETION leef~"Cli
DESIGI'I PHASE '!~r.:iOG8
~TAAC'r-D-EveLoPMENTPHAsE l\ 1l1/2009 ~2131~2511--r
!~~~~'~~;'GGt)~' Df serv£ces. ",('.t!cn ~:e,:)r. b'...ldg~! ;:tiC Er-vimnttteilta, <::B'i'E-'>V ro~ (Att-aclimer;t [I of 1/1.r:~:.lJ0 II 1213112.011 I
it;~[~~,~~::":~c; Y":;cc;;n;~>;::::~;::~;: ;;,:,::~:::1;:;~" "Ii "'-11 i''',,~ I
i~~::~::~~:~' . ;;":::~,, " :",::;,::::::::::' ::"~ II.
i2/3V2C1~
!-~r:.vi"'crrTIe-n(a; ::;;sv:ew ;:m:v"·=>:;s ~2!'31j2011 1 ::'nvironme:ital SpeclaflS!
) I! 11
Ii
Ii
)! 0~t~~~~~:f~J~~;\~!8.-nef
i I ;2/3 1/201 ~ SUpeNJSOr and PM e!;gftw:y \:'1 act1;:lty, scope c· :$e1"'/i~$, c,-ste-<::::-bt,;dge;
! ·R€v:-ew ana floprove requ:red occuments ;!1;2~;C9 II _ :2r3:/2c1! I IP'c.!ecU,~a"age, 1II1 -::IT
I Pro·eel fJ"i~L;2Ger
i Pro·ec1 Manaqe r
Agercy
III
I'
. I ' [II I~~~:r<i "goed CDeS oce'"20: 'c' [-ce'CO"'"" s"O i'r_21 ,,-ecu.!.cn :0 1,1'2"·,D30& ,Van,,"""s 1 ,1.'20("9 1.2/31 f2011 ,~2~:_~;;~~r:;~;';:.!"""",,,1 ! i;
!-Rl?ce:ve ~r'ltf2!sf~xec~tea CS-s2·cornra2 11"\/2C;:)9 ! i i2/3it2011 PfO·~ct r·lanJo(!r
~IT CrROGESS :::';EPCRT (1ST Quarter Proa~ss R.eport due April1mh} JI 1i~aGDS 12/31J2011 I 1.4.~ency
! ~s~~~~6;;~C:;~;: ~~~~'~a~8~ to PYCD {::ef! .4,;jar.;hme[1~ ;.. ~ (6) c' ccn1."act} __ 1.1 ~i1 i2C09 I _! 2!31 f2Ql1 J .. ~. __ . n_.___ __;A.9~nq. ;!
; ·E~'~'\rcnrr:in~~""i·"Cl€a;ance !9:[(::· 11 ',..j !2CC9 1·: 2:3: J2Ci 1 J .. -t~nvTronrr1enteT Soecians± tITI ;T.~--·---I~I L
t ! \11 'I "~8C2,:.",'2E·nXf2!;~;~~,~~~~~ ~l~;~.~~;~;~~~.~~\:~~~'~:nt:< c~ r~$~:-E~C;: t:; \1izx Ogd8 Coun1y ~:s~ II
~v}f7 ?r:.:CGESS R=?ORT (2ND Quartet" Prooress Re-ClrtthJIl Jull' 10th) ,. 1;-;[2009 ~2/3i!2011 Ag£!f'iCV lll! --n~---------11-1--"'----!
: SwS~J1fT ?ROGESS REPORT (3RD Quarter Progress Rf:!:port du~ October 1 Q;thi j i 1l1J200; 1 j _.!2/31 /2QJ 1" I \ II ; tIl I
: PRE.BID PHASE 1l~/~9"0"9 __ ~_LL 12{~1t~Q!.L.1 _ l
l~~~:~~ ::~~~~sC:~~tf~rE;;~::;;~~c;;~u~ti~~~t -_.---\; ~ ~~ ~~;: I!~-!~
,
i,
'P~v!ew R:7"'P ~r"Iglf1eefi":9 C.:;·n5\llta"tpacka~ and Ad by P!--<CC' ~l?::i _1.l 1 (' /~0:J9 __ E ___ 12l3~i201~! __ -.J.G~n~_~.qon MaGBger_~n 111(-J j lTf
!;:~~~:~~:~:~ie:::~::'t.nt O~kage 2 ·,c or PHC~ """" Dov" Sac,on and Sect!"" 2 i i ·2'3112~ !!~:~:~~:~r~~~;r;3~;;or I i ;!-~~ -'---( q
jR~.:-ceive ;-~'1:s~o::;:;:'-O :"·~.~~ertc'i ~}~J200~l i) 42.'3~f2::;· 1 jPrc-tect Manace, 1 Jl
, I ! ! D\\'1SIOn c,w Depa:1m9 nt I [[ I : 'I
!Glve sgs:'i.(':Y · ... m~~~,-.. 3pprovEi fer RFP a~d Ac ~i1!~Q~~.. J J1~~1!2q1J I Director I II
[P~bl;catlOn· of RFP fo;'EnQint;er~f1g Coti$;;I!.ar.; 1/112009 ! I J.fl3l!20~ t 1 jAgency 11 n
I' '"
if:re.8id \:82:tlr.O ji 1J"!/2009 11 ~2!3~12n'1 jA"gen:Cy --_ ....... ----TIfT P
. SldlRFP oper'''Q 1 i ';/1,;'2009 ! I ~2J3t/20"11 iAgencr
;Se(e(.t,c;--;Awaro ,=~g.;cC!r:'G 2::;rsu ; ... <:r:~ ~!1i2009 1\ 12.13112011
, II !l
lApprnva·' of G~ c01tr~'~t l r -'/1}'20;)S I r ~213i/2"Oi 1
f GiVe agency 1k1",'tten BiJPrfiVa: '0· sIJt}ccntract I \ I \
I
· SUBMiT P:::?CGF:SS RE~OR (1ST. 2ND, 3RD and_4TH Quarter Progress Report due April 10th, 1 j
July 10th. October 10th, 2009 2nd January 10th) .201 0 respectively) if
ls.'JBr·!.~' PRCGES3 ~EP0RT (1 ST, 2ND, 3RD and 4TH Quarter Progress Report dUG April 1 Oth,
iJ~ 10th, October 10th. 2010 and January 100h, 2011 respectively) [I
"2/.31/2009
'! '12:"31,'2010
I
I·SUBMiT i=lROGESS REPORT (1ST, 2ND. 3RD and 4TH Quarter Progress Report doe-.D.p:'11 10th,
July 11)th, October 10th, 2011 and January 10th, 2012 rns!)ectl",,'y,
Ii Ii if1i2011
I' P.!l'\~ c/t/3112011
I' ·1
II
IAgenel
IOr"ision or Dep3rtment
lmoetor
II
II
! Project Manager
4 !}\gency IIIi liil
II
Ii _U
4 [.A';;Mey
iAgen-cy 4
I
II!
III
III II! --
ill
II
I
ACTION STEPS
J.lI.~~UARY 1,2009 THRU OECEi\:'18ER 31,2012
Attachment A-1
:AGEf.;<::'-:' f'lP/= cf Scdh ;\!iaml
rlur~8y Perk ,\C:J8tIC Cs,';ter \~0 lnc!!ujr; S';\!ir.lI~in9 Poo[\ Ccns:ruc.iO· ... ::'~'2se I
SC,;RCE
.;;:Ut~G;i'J(; COBG 2003 fUllds th8t '."Jere t)~eo for th~ Oes!'Gn PhGs.~
cl~Ni)ING: 'f02.tch'rg t';)
i"i\T"S
! ACT!ON STE? CAiEGORY
[PRE-BID PHASE
rs:::'n:l =i;=? p;c.l ... ..a~i': for GC
'S' ... d:J:~Jt Acvertlseme'1t f:J;::';C
5TA-~-'rITATE
01'
TASK
7111201i
~
711.2('::~ 1
END DATE
OF
TASK
gl30i2011
9/30,'201 i
9i~iO/2011
CC2.G 2008. )OC9 &. ;:0\1)
$1207,37400
S~85_537,OO
S'OO,OIX),OD
51."22,911.00
.000
P'SC016
j
REQUIRED RESOURCE ! i
j p'.fJ.er:cv
·!\gen9'_
; Qe'·/ie'.\,' RFF 8C C3C;"SOr? 2" .:~.j 0', :':-,r:::::' ::;:2.1 !i 9/30, rPr~J,",ct tv1anag8r <:ni
: :;;;:~;b~~? GC Jacka"?'? ;;;'''::: .::,j :;y F;....C:: s;a~f fer 02;'.1,$ SaC(lr: and Sec:<or.:3 requlr'!?m~nts (i! II -:-/1 :~():; l) Si:
i I pAYMENT LEVEL 'II i CVNtULA.TlVE t CUMU~i1VE j
oERCENTAGE r i
COMit:~TION ! REIMBuRSEMENTS I J..-!?FROVED
If
I!I
Iii
'.11 Ii
Jij
'R.ce,ve I ij
71:'011 [, ;Glvt!'~gef":ty w,ltter: a~pro\';! 'C~ =<F?, GC :acr.2;;:e ~""d ,"-r:
~ roub"c:!:;on 01 ~:::-c ~o:r GC 2011 1'9"no, Ilil :1 III
j .:::~e-3;c \':eel., ..... c ii' :'2'J~ ~ L 9!3C,'20': 1 i.ADen~;v
:~~~:~:~~~,~i~~QC'SC ]! ;.:~;';~~~ ;1 ~~~.
lPlace ordqr to GSA for Miaml...oade Construction $l-n----11/30/2:J11 lAo€ncv!Prcie.G~ ~'le:'eaer
JPlacement of Mi2mi ... C;:3ce Cm,:nty Cc,r'.s;:uc~'·::·r; 31]<1 : ~ -; 1 i30;2\)1 i iGSA
[SUBMITTAL OF SELECTED GC CONTRACT FOR P'leD APPROVAL I! 111{2D12 Ii 3131/2012 i,o,goncy
: GC cc","ac:
3;jcer's CC""f,tr.;c~:cr eXD8r12ncc
Ca',"s-3aoOlc \.\.'afH? De~errn'n8i:~f'
r.:;:f:r:;:';I-'?~:,e-ft8
to be lr.coporzted in C(lnst~·.Jctjon Contracts
,-:"'fIC;-l':l:
~; ~O:it;'i
", "3":::<'? j,o";I,rn-:;J: ti!?: ,c..,~ti:::n Pr:;:::'~;
,~9Q;;;r::'r:.: Cru:J Frse "V0,"Dia~,::
'Sc-c :J~ 3, ~,cl c{ 17:35:
::.(e~S':Hn,~ ~;122<,:rr;--;e,,;; S~;sper::;:I::)'" !-c;iigibh:v ;~10 '-;;;)' -' -~ary Exciuslor, Lc .'. £;--Ier
:y i~'::C' ",)2 'so? :~," ~'':''~l-;::::·::-S Not Subject ~8 eX5C'J: ,'e Ore'€" (::CO
:v '0' ~>~;~~~:~~~,:.~:~ ~~Iarj!':'e." 2:'" ",/s:-::;~ era
~f ~eo:Jii'"~rY\e:-:t f-:" 8"f;~·-?ti\'? t~c:,c,"1 :r: EnS\,';f ::C: __ 2! E(;"1r-!~'ym2rt CpPo":uni:y U:2C : i 2L6;,
Ernplc~ne'1: C;:;:-,e·r:" "":\':, {E::O:, C!su~e :;y ~~of'rt,ac:ors Subject ~c execo..:t l 'J8 CXde-r (i::CC -<, 245)
::l~ Non:::'~g'AJa::::r; r.;;ciilti~s
~c-,:.l~::::specir':8 St;b:-:C~I:~2Ct::-~S 0: R8z::u'-~?n:s 'c,-C=~tlfl(\'lt Qr'. of \Jcnsegrcoga!ed )3cilities
cf P!?C!L."~erren:. C~ea" 'Nzier, :,~!e<3n A;r, EC ~ ~-,~3B 2tC ::PA Re9ui:3tic:'lS Prevision
iC",CiI';Ca,'C" CO :~C'":1:J ~'";::;e ':.;:tr ::ede~-31 Fegula~:s,,3
Regardiilg Debarment, Supensien. -3nd Other Responsibility Matters (Direct
-!ll;:D~ 2: 3i3~;20:2
1/~/2D12 3/31/2012
~!' /2':)12 3r31i2Qi2
1/~;20~2 :1f31/2C12
1/1.'2012 2/31/2012
-'.'1/2012 3/31/20-;2
!:' 1iii20i2 3/31/2012
'I 1/1/20-:2 I 3131/201.2
I 1/1/201 2 I 3!31/2012
1(1:'2(112 II 2!31/2012
~f"j;2:)12 '3,'31/2012
1('/1012 ::./31/2012
4/~/2012 3:'31/:2012
1,1~·"20~2 2!31f2(Y2
1;~:;:~~~ II ~;;;;~~~~
ln/201,2 II 3','31,12012
~/~f2012 2:3~i2812
',F)' '" II "'''"01' ,,'i,.1.. ,;. j ~'~!'L~''';;
I' i! 1'"1'::;~i;: !\ ~).'31i2012
1 j 3.'311201.2
3(31/2012
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j
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3/31/2012
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P8~(,! 2 of 4.
lAg en cy
jAgency I ,Agency
Agency
j~~:~~
IAQency
!Agency I Agency
iAgency
A::;ency
AgeGc.y
l~9E'I'1GY
!~"gency
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/'gency
Ageqcy
(~eccy
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--I
I
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1::
III III
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111
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t-,CT1,/\"iY
F:"JNCING SOU,::~:C::E
A~'10Ur-,;:-
OTHER ~L:'\J[)!NG CD8G 2008 funds that "V8rc used for the Design Phase
CT?-!ER CUf\OING (",,'lab:'" "'9 ~y
"OTf ... L PQCJE::-CC~T
ACCOMC( 'swl\,11fl-';~ U:',I'7'~
TVPE
ACTION STEPS
Jt',NlIARY 1,2009 THRU DECEMBER 31 ,2012
ST..s,;:n DAlE
OF
c,~ o~ South MiaiTl'
~Aurray Park AC;'.Jati::; Cen',l?;r (to inc.:l'Jde S'-'1il'!"'minq Peol) -Ccnstructio~ ;:'\:-ese I
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SI.207,374.CO
S185.53700
S10('J,OOC 00
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CUMULAi1VE 'I OF 1 ' :1 ?AYl.IEf<TLEVELil' CUMULATIVE
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ACTION S1'EPS
JANUARY 1, 200~ TfiRU DECEMBER 31, 2012
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Page 4 of 4
ATTACHMENT B-l(B)
INDEMNIFICATION AND INSURANCE REQUIREMENTS
Government entity shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,
which t.he 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 t.o or resulting
from the performance of this Agreement by the Government entity or its employees, agents, servants,
partners principals or subcontractors. Government entity shall pay all claims and losses in connection
therewith and shall invest.igates 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
attomey's fees which may issue thereon. Govemment entity expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by (iovenuncnt entity shall in no way
limit the responsibility to indenmify, keep and save harrilless and ddeml the County or its officers,
employees, agents and instrumentalities as herein as herein provided.
MIAMI'~ (;.'J~ii1 iIiI'
Carlos A. Gimenez, Mayor
October 4, 2012
Mr. Hector Mirabile, Ph.D.
City Manager
City of South Miami
6130 Sunset Drive
City Hall 1 sl 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: Colieen 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)
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 $:t=;z8r;36t: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 13, day of Dec. ,2010
ATTEST:
CITY CLERK
READ AN]) APPROVED AS TO FORM
AND S 'ICIENCY:
" ~ a/ .. / ~
APPROVED:
MAYOR
Commission Vote: 5 -0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
'. ,
Resolution Number # Rw 1222w 07j Rw 1127.08j R-914-09j R-1284-09; and R·111·10
Duns Number #024628976
Awarded Amount $1.207,374
CDBG 2010
Municipalitiy
Combined FY 2008, 2009 & 2010
COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami-Dade County,
a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of South Miami,
hereinafter referred to as "Awardee" and having offices at 6130 Sunset Drive, South Miami. Florida 33143, and
telephone number of (305) 663·6345. states conditions and covenants for the rendering of Community, Economic or
Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of Housing
and Community Development hereinafter referred to as "DHCD," and having its prinCipal offices at 701 N.W. 1 Court,
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 -CDBG
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 Miami·Dade County from which the Contract or
Subcontract will be performed.
Low-and Moderate-Income
Individual or Family
Very Low Income Individual or
Family
Contract Records or Agreement
Records
Federal Award
Awardee
Property
Subcontractor or Subconsultant
Subcontract
II. THE AWARDEE AGREES:
A person or family whose annual income does not exceed 80%
of the median income for the area, as determined by 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.a 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 CDBG funds from Miami-Dade County.
The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any
real property of Awardee or Related or Affiliated Entities (as
defined herein) acquired or improved upon with funds awarded
pursuant to this Agreement or on which funds awarded
pursuant to this Agreement are anticipated to be used.
Any individual or firm hired on a contractual basis by the
Awardee for the purpose of performing work or functions cited
on the Action Step Format (Attachment "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. AU certificates and
insurance updates must identify the names of the Awardee and the Activity being funded through
this Agreement. The Awardee shall provide Builder's Risk Insurance and/or Flood Insurance (if
applicable) upon the issuance of the Notice to Proceed with an effective date for coverage
commencing on the Notice to Proceed date.
2
Any changes to the required insurance policies, including coverage renewals, must be submitted
to OHCO 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 new or renewed
insurance certificates to the County at a minimum of thirty (30) calendar days before such
expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed
certificates are received by the County in the manner prescribed in the requirements; provided,
however, that this suspended period does not exceed thirty (30) calendar days. If such
suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the
Agreement. Prior to execution of the Agreement by the County and commencement of the
contracted services, the Awardee shall obtain all insurance required under this Section and submit
same to the County for approval. All insurance shall be maintained throughout the term of the
Agreement.
O. 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 aU 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 8-2). 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 Oepartment of
Housing and Urban Oevelopment ("HUO") for repayment of the federal funds loaned to Awardee
pursuant to this Agreement in the event that HUO 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 andlor 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 11-Fiscal Information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income Usage for each contracted activity.
Section III -Contract and Subcontract Activity Report:
Contract and Subcontract Activitv Report (First and Third Quarter Progress
Report) -The Awardee shall report to DHCD the number of 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 shan 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 shan 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 CDBG fiscal year of
January 1, 2010 through December 31, 2010 and shall be received by DHCD no later
than January 6, 2011.
4. Environmental Review ~ The Awardee immediately upon locating or determining a site for
each of the "Unspecified Sita" 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 upon
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
OMBA~133.
6. Personnel Policies and Administrative Procedures -The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure,
property management and procurement policies and procedures, personnel
management, accounting policies and procedures, etc. Such information shall be
submitted to DHCD within 30 days of the execution of this Agreement.
7. Inventory Report -The Awardee shall report annually all nonexpendable personal and
real property purchased with CDBG funds from this and previous agreements with the
County as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan -The Awardee shall report to DHCD information relative to the
equality of employment opportunities whenever so requested by DHCD.
9. Disclosure of Related or Affiliated Parties
At the time of contract execution, or at any other time at the request of the County,
Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated
Parties shall mean persons, corporations, partnerships, or other business entities (a)
which have a direct or indirect ownership interest in Awardee, (b) which have a parent or
principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose
members appointed by Awardee, or (d) which the County deems in its sole discretion to
be a Related or Affiliated Party of Awardee. The Awardee shall report this information to
the County upon forming the relationship or, if already formed, shall report it immediately.
Any supplemental information shall be reported quarterly in the required Progress Report.
This provision shall be construed broadly to the benefit of the County. Non~compliance
with these requirements will be considered a default, which may result in the immediate
termination of the agreement, the recovery of the entire funding award, and the
disqualification of funding through DHCD for a period of three years.
10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal Property
Awardee shall notify the County in writing within ten (10) days of the occurrence of any of
the following as to Awardee or any Related or Affiliated Parties:
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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 Affiliated Parties, including
properties not related to this Agreement. Awardee shall also provide the County with a
copy of all court filings, notices of default, arrearage or late payment, or any other
documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the
County.
c. Any default or arrearage on any loan, Nole or other debt or obligation for
which the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution,
reorganization, appOintment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and
shall entitle the County to seek any and all remedies available at law, equity and
pursuant to this Agreement
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid or will be
paid, by or on behalf of the underSigned, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal Agreement, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative Agreement, and the extension,
continuation, renewal, amendment, or modification of any federal Agreement, grant, loan,
or cooperative Agreement.
2. The Awardee shall disclose to DHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report lobbying," in accordance with its instructions.
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
7
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 U,S.C, 1857
h), as amended; the Federal Water Pollution Control Act (33 U,S.C. 1251), as amended;
Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency
regulations (40 CFR Part 15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
DHCD.
5. Americans with Disabilities Act (ADA) of 1990 -The Awardee shall attest to; and submit
the required Disability Non-discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below including but not limited to, those provisions
pertaining to employment, provisions and program services, transportation,
communications, access to facilities, renovations, and new construction.
6. Affirmative Action/Non-Discrimination of Employment, Promotion, and Procurement
Practices (Ordinance #98-30) -All firms with annual gross revenues in excess of $5
million, seeking to contract with Miami-Dade County shall, as a condition of award, have a
written Affirmative Action Plan and Procurement Policy on file with the County's
Department of Business Development. Said firms must also submit, as a part of their
proposalslbids 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 bidderlrespondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for award by the
Board of County Commissioners.
7. Domestic Violence Leave Affidavit -Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic leave Ordinance, 99-5 and Section 11A-60 of the
Miami-Dade County Code. This Ordinance applies to employers that have, in the regular
course of business, fifty (50) or more employees working in Miami Dade County for each
working day during each of twenty (20) or more calendar work weeks in the current Of
preceding calendar year. In accordance with Resolution R-185-00, the obligation to
provide domestic violence leave to employees shall be a contractual obligation. The
County shall not enter into a contract with any firm that has not certified its compliance
with the Domestic Leave Ordinance. Failure to comply with the requirements of
Resolution R-185-00, as well as the Domestic Leave Ordinance may result in the contract
being declared void, the contract being terminated and/or the firm being debarred.
8. Code of Business Ethics -In accordance with Section 2-8.1 (1) of the Code of Miami-Dade
County each person or entitiy that seeks to do business with Miami-Dade County shall
adopt a Code of Business Ethics ("Code") and shall submit an affidavit stating that the
Awardee has adopted a Code that complies with the requirements of Section 2-8.1 (i) of
the Miami-Dade County Code (Form A-12). Section 2-11.1(d) of Miami-Dade County
Code as amended by Ordinance 00-1, also requires any county employee or any member
of the employee's immediate family who has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
from competing or applying for any such contract as it pertains to this solicitation, must
first request a conflict of interest opinion from the County's Ethic Commission prior to their
or their immediate family member's entering into any contract or transacting any business
through a firm, corporation, partnership or business entity in which the employee or any
member of the employee's immediate family has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
and that any such contract, agreement or business engagement entered in violation of
this subsection, as amended, shall render this Agreement voidable. For additional
information, please contact the Ethics Commission hotline at (305) 579-9093.
9. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to p'rovide 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 proposa!s 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 finn was not in
violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. l. 101-336, 104 Stat
327,42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title
I, Employment; Title II, Public Services; Title ill, 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.
Unifonned 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;
10
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 pl'eemept 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 aU 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
CDBG funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules and
regulations of the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970. as amended.The Awardee shall adopt Affirmative Marketing
Procedures and requirements for CDBG assisted projects. These procedures
must consist of actions to provide information and attract eligible persons from
aU 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
I. Conflicts with Applicable Laws
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted 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 right to assign the Professional Services and Technical
Assistance (PSTA) Unit of the Department of Housing and Community Development to
assist the project if the County's staff determines that the Awardee has been unable to
consistently achieve the work and units described within the time frames of the action
step format of this agreement. Such involvement will result in a reduction of a maximum
of 5% of the Agreement's award to cover the cost of the technical assistance. The
Awardee shall cooperate and comply with all requests made by the PSTA.
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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 shall, in its sole
discretion, determine when services are eligible substantive programmatic services and
subject to the audit and record-keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's
expense. The Awardee shall provide access to all of its records, which relate directly or
indirectly to this Agreement at its place of business during regular business hours. The
Awardee shall retain all records pertaining to this Agreement and upon request make
them available to the County for three years following expiration of the Agreement. The
Awardee agrees to provide such assistance as may be necessary to facilitate the review
or audit by the County to ensure compliance with applicable accounting and financial
standards.
10. The Awardee shall ensure that its auditors share their audit results with must submit the
audit report to DHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the
Commission Auditor to all financial and performance related records, property, and
equipment purchased in whole or in part with government funds. The Awardee agrees to
maintain an accounting system that provides accounting records that are supported with
adequate documentation, and adequate procedures for determining the allow ability and
allocability of costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami-Dade County with a function or activity
involving the use or disclosure of "Individually Identifiable Health Information (IlHI) 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
IlHIIPHI 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
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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 aU 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. HUD's acceptance of OHCD's annual Grantee Performance Report in which
each assisted activity is reported on for the final time. For all the COSG assisted
activities covered by this Section II, Paragraph L.1.c., the Awardee must retain
all Agreement records except those relating to real and nonexpendable personal
property.
d. For all COSG assisted activities, the Retention Period for all Agreement records
relating to real and nonexpendable personal property shall begin upon the date
of the final disposition of the property.
2. If the County or the Awardee have received or given notice of any kind indicating any
threatened or pending litigation, claim or audit arising out of the services provided
pursuant to the terms of this Agreement, the Retention Period shall be extended until
such time as the threatened or pending litigation, claim or audit is, in the sole and
absolute discretion of OHCO, fully, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County fun access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify DHCO 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 OHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
O. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to OHCO, upon request, all Agreement records. These
records shall become the property of OHCO without restriction, reservation, or limitation
of their use. DHCO 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 DHCO 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.
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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
andlor permit any other person(s) or entity(ies) to use all such Licensed Software and
the associated specifications, technical data and other Documentation for the
operations of the County or entities controlling. controlled by, under common 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 or
investigate activities. The provisions of this section are neither intended nor shall they be
construed to impose any liability on the County by the Awardee or third parties. The provisions in
this section shall apply to the Awardee, its officers. agents, employees, subcontractors, suppliers
and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all
subcontracts and all other Agreements executed by the Awardee in connection with the
performance of the Agreement.
Miami·Dade County Inspectors General Review
According to Section 2·1076 of the Code of Miami·Dade County, as amended, Miami·Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the
total contract amount which cost shall be included in the total proposed amount. The audit cost
will be deducted by the County from progress payments to the selected Awardee. The audit cost
shall also be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not
apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts
for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (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; 0) professional service agreements under $1,000; (k) management agreements; (I)
small purchase orders as defined in Miami·Dade County Administrative Order 3-2; {m} federal.
state and local government·funded grants; and (n) interlocal agreements. Notwithstanding the
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 Of volume discounts, insurance proceeds,
rebates, or dividends received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
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Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"). whenever the County deems it appropriate to do so. Upon written notice from the
County, the Awardee shall make available to the IPSIG retained by the County, all requested
records and documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the payment of these IPSIG services, and under no circumstance
shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any
charges relating to these IPSIG services. The terms of this provision herein. apply to the Awardee,
its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision
shall impair any independent right of the County to conduct an audit or investigate the operations.
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and eqUipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from DHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreement aSSignments. wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to DHCD at least thirty (30) days prior to the start date of
the agreement. DHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
DHCD of such agreement or subcontract.
2. The addition of any positions not speCifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not speCifically listed in the
approved budget.
5. The disposition of all real, expendable personal, and nonexpendable personal property as
defined in Section II. Paragraph W.1. of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget.
7. The disposition of Program Income not specifically \!sted in the approved Program
Income budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II. Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this
Agreement.
10. In the event the Awardee wishes to substitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit DHCD and other persons duly authorized by DHCD to inspect all
Agreement records, facilities, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, DHCD will deliver to the Awardee a report of its findings, and the Awardee
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 if fully set forth,
in connection with its Agreement obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party
that are covered by the above standards. The Awardee shall make such disclosure in writing to
DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render
an opinion Which shall be binding on all parties.
The Awardee shall submit to DHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board
members, and list of all business associations with the following documents:
}-Original Agreement or its subsequent amendments.
}-Requests for budget revisions.
}-Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement, which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through DHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons Of 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 Of 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 sole discretion, may consent in writing to such a relationship, provided the
Awardee provides the County with a written notice, in advance, which identifies all the
individuals and entities involved and sets forth in detail the nature of the relationship
and why it is in the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a conflict of interest as set forth
above and acquires information which may indicate that there may be an actual or
apparent violation of any of the above, Awardee shall promptly bring such information
to the attention of the County's Project Manager. Awardee shall thereafter cooperate
with the County's review and investigation of such information, and comply with the
instructions Awardee receives from the Project Manager in regard to remedying the
situation.
T. Intentionally Left Blank
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U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the
United States Department of Housing and Urban Development (US HUD), as funding sources and
that the Awardee shall ensure that all publicity, public relations, advertisements and signs
recognize the County and US HUD for the support of all contracted activities. This is to include,
but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices,
flyers, brochures, news releases, media packages, promotions, and stationery. The use of the
official County logo is permissible. The Awardee shall ensure that aU 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 oe 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. 170lu
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3, shall, to the greatest extent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part
135, which implement Section 3. As evidenced by their execution of this Agreement. the
parties to this Agreement certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any,
a notice adviSing the labor organization or workers' representative of the Awardee's
commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
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 ofthe regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training
positions, that are filled (1) after the Awardee is selected but before the Agreement is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
aSSistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (Ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this Agreement that are subject to the provisions of
Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent
feaSible, but not in derogation of compliance with section 7(b).
8. Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject
to and comply with Ordinance 97-35 as amended, requiring Awardees to provide a
detailed statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be
awarded a subcontract;
b) invites local subcontractors to submit blds/proposals in a practical, expedient way;
c) provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a
statement of their subcontracting policies and procedures (see Attachment G). The County will not
execute this Agreement with Awardees who fail to provide a statement of the Subcontractors
Policies and Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it
appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or
otherwise impair the performance of the Awardee's obligations under this Agreement.
W. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, 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 integral part of
a structure, facifity 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) CDBG National Objectives. In the
event the property is not used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement
or such longer period as determined by DHCD, the Awardee shall, in
the sole discretion of DHCD, either pay to DHCD an amount equal to
the market value of the property as may be determined by DHCD in its
sole and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of. or
improvement to, the property or transfer the property to DHCD at no
cost to DHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a. 1., above.
b. Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from DHCD for $25,000 or less shall be
disposed of, at the expiration or termination of this Agreement, in accordance
with instructions from DHCD.
c. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with DHCD. or transferred to the Awardee after being
purchased in whole or in part with funds from DHCD. shall be listed in the
property records of the Awardee and shall include a legal description; size; date
of acquisition; value at time of acquisition; present market value; present
condition; address or location; owner's name if different from the Awardee;
information on the transfer or disposition of the property; and map indicating
whether property is in parcels. lots, or blocks and showing adjacent streets and
roads. The property records shall describe the programmatic purpose for which
the property was acquired and identify the CDSG 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 CDBG
award forthe project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to DHCD. This report shall include the elements listed
in Paragraph W.2.c .• above.
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Nothing in this section shall be construed to limit the County's right to collect from
Awardee the entire amount of COSG 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 Of 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 DHCO.
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 Manua! conflict with any Program Income provisions of this
Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to OHCO all cumulative Program Income generated
from activities financed in whole or in part by funds from this Agreement, for as
long as it receives andlor has control over Program Income generated from this
and any previous Agreements with OHCO. 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
OHCO a written explanation of the activities to be assisted with Program Income
and shall obtain OHCD'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 COBG eligible activity as provided for and defined
by 24 CFR Part 570 et.seq.
e. Program Income from a revolving loan activity must be used only for the same
revolving loan activity.
f. Program Income from a revolving loan activity, such as loan repayments,
interest earned, late fees, and investment income, shall be substantially
disbursed to eligible loans, loan-related programmatic costs, and operational
costs for the same revolving loan activity before the Awardee may request
additional COBG funds for that activity.
g. All Program Income from nonrevolving loan activities shall be substantially
disbursed to carry out other OHCD approved CDBG eligible activities, and to
cover operational costs before requesting additional COBG 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. OHCO may require
remittance of all or part of any Program Income balances (including investments thereof)
held by the Awardee (except those needed for immediate cash needs, cash balances of
revolving loan fund, cash balances from a lump sum drawdown, or cash or investments
held for Section 108 security needs).
4. OHCO, in its sole and absolute discretion, reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses
shall conform to the requirements of OHCO'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/sba/reports-debannent.asp to determine if a
person or entity is on Miami-Dade County's debarred contractor's list. Awardee
shall provide DHCD with a printout copy of the site page that indicates the name
and the date it was checked.
b. Comply with all CDBG requirements, as applicable, as well as the regulations
specified in DHCD's Contract Compliance Manual.
c. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval
that the County or DHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible SUbstantive programmatic service, as may be defined by
DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine
when services are eligible substantive programmatic services and subject to the
audit and record-keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three
bids. Such competitive process shall be described in writing, approved by the
Board of Directors and· a copy of which submitted to DHCD. In such
circumstances that open, competitive bids are not feasible or that a minimum of
three bids are unobtainable, permisSion to use other methods of award must be
requested in writing and approved by DHCD prior to the assignment or award of
subcontract. The Awardee agrees that no assignment or SUb-contract will be
made or let in connection with the Agreement without the prior written approval
of DHCD, which approval shall not be unreasonably withheld, and that all such
sub-contractors or assignees shall be governed by the terms and intent of this
Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
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 withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes fulf 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 Ulider 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 Ilens 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
CDBG Loan. The Awardee shall at the request of the County execute any and all documents,
including but not limited to, mortgages securing the property, UCC finanCing statements,
and restrictive covenants, as required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event shall funds received pursuant to this
Agreement be used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain
legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
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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 sole and absolute discretion of the County and DHCD,
remain in effect during any period that the Awardee has control over Agreement funds,
including Program Income. However, the County shall have no obligation or responsibility
to make any payment, except those described within Section II, Paragraph Y, or provide
any type of assistance or support to the Awardee if this Agreement has expired or been
terminated.
4. Management Evaluation and Performance Review
1.
The Department may conduct a formal management evaluation and performance review
of the Awardee, if in the Department's sole discretion it is deemed necessary and
applicable. The management evaluation shall reflect the Awardee's compliance with
generally accepted fiscal and organizational standards and practices. The performance
review should reflect the quality of service provided and the value received using
monitoring data, such as progress reports, site visits, and client surveys.
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 sole
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of
29
Awardee or Related or Affiliated Party, including properties not related to this
Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
apPointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its
sale discretion would materially impair performance by Awardee of all the terms
and conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
cirCUmstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1)-(2) 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 llmited 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 sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
In the event of a funding short-faU, 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 not materially complying with any
term or provision of this Agreement. DHCD may treat such failure to comply as a
repudiation of this Agreement;
7. Termination for Bankruptcy
The County 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 sale judge of "reasonable, allowable costs." All compensation pursuant to this
Article is subject to an audit.
32
F. Renegotiation, Modification and Right to Waive
1. Modifications of provisions of this Agreement shall be valid only when in writing and
signed by duly authorized representatives of each party. The parties agree to renegotiate
this Agreement if DHCD determines, in its sole and absolute discretion, that federal.
state, and/or County revisions of any applicable laws or regulations, or increases or
decreases in budget allocations make changes in this Agreement necessary. DHCD
shall be the final authority in determining whether or not funds for this Agreement are
available due to federal, state and/or County revisions of any applicable laws or
regulations, or increases in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement for up to
one year beyond the current Agreement period and will notify the Awardee(s) in writing of
the extension. This Agreement may be extended beyond the initial year extension period
upon mutual agreement between the County and the Awardee(s), upon approval by the
Director of the Department of Housing and Community Development.
3. DHCD may, for good and sufficient cause, as determined by DHCD in its sole and
absolute discretion, waive provisions in this Agreement or seek to obtain such waiver
from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any
waiver shall not be construed to be a modification of this Agreement
4. DHCD's failure to exercise any of its rights under this Agreement, or DHCD's waiver of a
provision on 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 8) shaH 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 mait 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 Servi~e (Attachment A). Revisions
to the Scope of Services, when required, will be negotiated to the mutual satisfaction of
both parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives
are classified as noted in the Scope of Services shall not require a Agreement
amendment.
H. Compliance
This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect
during any period that the Awardee has control over Agreement funds, including Program Income.
However, the County shall have no obligation or responsibility to make any payment or provide any
type of assistance or support to the Awardee if this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
33
Any alterations, variations, modifications, extensions or waivers of provisions of this 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.
/. Disputes
In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the
questions, including the views of all interested parties and the recommendation of DHCD, to the
County Manager for determination. The County Manager, or an authorized representative, will
issue a determination within thirty (30) calendar days of receipt and so advise DHCD and the
Awardee, or in the event additional time is necessary, DHCD will notify the Awardee within the
thirty (30) day period that additional time is necessary. The Awardee agrees that the County
Manager's determination shall be final and binding on all parties.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its Agreements to
the County Manager for bidding and award in accordance with County policies and procedures.
L. Proceedings
This Agreement shall be construed in accordance 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 Rivero', 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. 141H Floor
Miami, FL 33136
Attn: Rowena Crawford. Asssitant Director
Department of Housing and Community Development
701 NW 1st Court, 14111 Floor
Miami, FL 33136
Attn: Letitia S. Goodson, Project Manager
Assistant County Attorney
County Attorney's Office
111 N. W. 1st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this 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 nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that any of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this
agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the
Awardee is only a recipient of funding support and is not an agent, employee, servant or
instrumentality of the County.
The Awardee is, and shall be, in the performance of all work services and activities under this
Agreement. an independent contractor, and not an employee, agent or servant of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sale 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 relatlonship 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 -COBG Program Requirements; Attachment C -Progress Report
and Set-Up Forms; Attachment 0 -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 riot 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. shaU 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-Profrt Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
37
IN WITNESS THEREOF, the parties hereto have c~=~ this Thirty-' ht ( 8) page contract to be executed by their
undersigned officials as duly authorized, this I b TI day of 01.,
AWARDEE:
City of South Miami
L~
NAME: ~ lPIuy-M iro-. \;J i Ie, Ph.D.
BY: BY:
NAME:
TITLE:
TITLE: City Manager
DATE: Dac...e."",ipu ~? I ;201 0
BY: Chu,~
NAME Maria M. Menendez edyetedv
DATE
Witnesses:
BY:
" ,
AssIstant
BY: Date
(Signature)
AlfnUh B:v~() \
Type or Print Name
FederallD Number: 59-6000431
Resolution #:R-1222-07; R-1127-08; R-914-09; R-1284-09; and R-111-10
Awardee's Fiscal Year Ending Date: September 30th
CORPORATE SEAL:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
38
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
1.
2.
3.
4.
~ ACTIVITY TITLE:
IDIS #:
INDEX CODE:
RESOLUTION #:
DUNS#:
ACTIVITY #
-ACTIVITY DESCRIPTION:
2a -Activity Category:
2b. -Objective:
2c. -Outcome:
-APPROVED BY BCC:
Other Funding Source and Amount:
-TOTAL PROJECT COST:
5. -HUD INFORMATION:
Sa. -HOO matrix code:
Sb. -HUD Activity Type:
Sc. -Eligibility
6. -ACCOMPLISHMENTS:
7.
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~111-10
024628976
20051346
The commencement of construction of community swimming pool I
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)(1) LMA
4,000
Census Tract: 76.03
Block Group: 03
8. -ACTIVITY ADDRESS: 5800 SW 66 th Street
South Miami, FL 33143
9. • LOCATION:
NRSA: South Miami
District: 07
10. -LABOR STANDARD applicable
Type of Work:
o Building 0 Residential o Highway o Heavy
11. Set aside un its different from 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 CDBG 2009 & CDBG 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 QUARTERLY PROGRESS REPORT
1"ifD,;;if B;;0i!r:i[i )Eii:o~)'; .. ·,,;;i~'})-,jU;;;iF.Q 1;;:(;,2~~7Y;'I,;i:;P;;;;;;Y:tQ I:!k;~;:';"::/ 1':", ,,,,<,cC'~'"
ENVIRONMENTAL CLEARANCE (DHCD
2nd (2009) APPROVAL REQUIRED) .
DESIGN PHASE
SUBMITTAL OF QUARTERLY P~ORT
)ii:i,r;~Hi"fo:', '''''';;i; ,f;: ~k;~:1;\::< "Co! __ ;:, . .-, .. "'"",,,
ENVIRONMENTAL CLEARANCE (DHCD
3rd (2009) APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
.,,",'0"'" :'c,,"/:"'" ,,:; ::.,')-"':'-;.: __ ~'''':;;:'''''''_i:':;
ENVIRONMENTAL CLEARANCE (DHCD
4th (2009) APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
';':i':,:, ,--;,-,,:,:, ':':': 1i',,:j ;'''n ?;,tfl~:~~;.:;-,;:;g;cX;~@;:;, ,:{~7'!26f;;::j>·' ::ji.::;";;,~ki:' i';"!:";:"S"''''''''i' :,,;; ,:',."';;''0",,0,''
APPROVED ATIACHMENT 'A-l'
AGENCY NAME CITY OF SOUTH MIAMI
ACTIVITY Murray Park Aquatic Center (to include SWimming Pool -Construction Phase!
FUNDING SOURCE CDBG 2009 & COBG 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
1st (2010) ENVIRONMENTAL CLEARANCE (DHCD
APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
1@;;;Vm:~,:;.',\,,;,,' :,2. :":';:,0:,:'7::',::::,,,) :iiC;{i~r~:i,;i)(~;i, ·~.'i};;~';;{cj(:;:':;;;;i;": 'if; :"" :,.::;, 11,;;:5.::,.":,,,,;::,,\:, 1"ci0;,:{Ki'-,':;i i ;,~~HeS~:r:i;
2nd (2010) ENVIRONMENTAL CLEARANCE (DHCD
APPROVAL REQUIRED)
DESIGN PHASE
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
:j,1X.:'t!@5,c',:f( ,:';::~:':"
ENVIRDNMENTAL CLEARANCE (DHCD
,,':D?,:;",:P:)::~j:q ~ :,:£:'0':,;'.: "',,'f\:)';"'''~;.:':1'~~'::: 1~,c.',':i:Tif.\ .. ,:·s,':"\§::,,,·,:::;:;,
3rd (2010) APPROVAL REQUIRED)
BID PACKAGE FOR CONTRACTOR
(REQUIRES APPROVAL FROM DHCD)
:"':'Sj'2if'.V';~
iitlTTAL 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
RECOMMENDA TlON, SELECTION/AWARD
VERIFY CONTRACTOR IS NOT ON
DEBARMENT LIST
OBTAIN EViDENCE OF LICENSES
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
O!.:,,,.,~,.j'c <',: {;Wi",,;,,":-,",,:,,::, '"'''' ",':,', ,{ }';\tiJ;;::
APPROVED ATIACHMENT "A-1"
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 ACllVITIY COSTS: $1,492,911
TOTAL AVAILABLE FUNDING (Matching by City) $100.000
PROPOSED ACCOMPLISHMENT UNITS: People
ACCOMPLISHMENT UNITS: 4,000
TYPE: People
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS
PAYMENT AND PERFORMANCE BOND
1st (201l) CERTIFICATES OF INSURANCE
EXECUTE CONTRACT WITH
CONTRACTOR (DHCD APPROVAL
REQUIRED)
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
~ ~ONSTRUCTION ~'C;;,'it:i, '",,'g'L,L ",:0';,)"(, ",:",';':::,::,":', <,'/>:
2nd (2011) CONSTUCTION MANAGEMENT AND
MONITORING
REQUIRES DHCD REVIEW AND APPROVAL
SECTION 3 PLANS, COMPLIANCE, MONTHL Y
REPORTS (PAYMENT REQUEST AND
REIMBURSEMENT REQUESTS)
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
Ij;! :"':'>''''·:''''''t·",,",.:, I'::',,', ;C"
PRE-CONSTRUCTION CONFERENCE
3rd (2011) (INCLUDE WORK SCHEDULE AND
MAINTENANCE OF TRAFFIC)-
CONTACT AND COORDINATE MEETING
WITH DHCD AND CONTRACTOR
RELEASE NOTICE TO PROCEED
OBTAlN PERMITS
SUBMITTAL OF QUARTERL Y PROGRESS REPORT
:;e,;",y/i~: :;'''':ii};;-;:i;':'\~iWD~j:,,:;:'(, l:'~~":i~"::;;';::;:' j1:!¥!j'~;~~\~$;t;$:e:O~;7i2 ;jrJ;' 'U''.'';.
COMPLETE CONSTRUCTION
4tl1(2011) SUBMIT FINAL PA YMENT REQUEST
SUBMIT FINAL RELEASE OF LIENS
PROJECT CLOSEOUT
:;:}!;~';;ijH'~~~:': "i",','o,."o",,:,;,;,,'! ,2:;;;i:;fii'1:~"iif;(TT;)'t';!"':',:;:!;;;.;'F,{ X;'}'"i:;~1j~ilt~~4' ,,,,,/;;':fM~l
I. Personnel
II.Contractual Services
IIJ.Operating Services
SOURCES OF OTHER
FUNDING
CRA • Design Phase
CITY OF SOUTH MIAMI
Murray Park Aquatic Center (to Include Swimming Pool) • Construction Phase I
COSG FY 2009 & FY 2010
SUMMARY BUDGEr
JANUARY 1. 2010 -DECEMBER 31, 2011
CDBG FY 2008
PRIOR YEAR CDBGFY2008
FUNDING (Pool &2009 CDSG FY 2010
Design)" COaGFY2008 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 ofthe remaining funds ($90,463) will be used for the construc!!on phase ofthe project. which will require a budget modlflcatlon,
SOURCES OF OTHER
FUNDING
CRA -Design Phase
CRA -Construction Phase
CITY OF SOUTH MIAMI
CPBG FY 2009 & FY 2010
Murray Park Aquatic Center (to Includo Swimming Pool)· Construction Ph.se I
DETAIL BUDGET
Nan·DHCD
January 1,2009 thru Oecember 31, 2011
CDBGFY200B CDBGFYZ008
TOTAL AMOUNT
$
$
$
50,000
50,000
100,000
Attachment B
TOlal All Sources
'Due to a non·subslantlal change the reprogramming of the remaining funds ($90,463) will be used for the construction phase of the project, which will require a budget mQdincatlon.
RecipientName (Organization):
Contact Person (Name & Title):
Activity Name (Project Tille):
ATTACHMENT C QUARTERLY EXPENDITURE AND
PROGRESS REPORT. FY 2010
Telephone Number: _______ -'-__
Activity Address: ...:.' ' __ "---:----_______________________ ..:.-_~ _ __'_ __
Activity Description:
ActivitylD #: Index Code: Funding Source: Funded Amount ...;:$:c....-____ _
ActivitY Category: 0 Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Housing 0 Public Service
Objective: 0 Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportunities
Outcome: 0 Availability/Accessibility 0 Affordabllity 0 Sustainability
-
AP.~ROVEO TOTAL ACJUAl REIMBURSED ' CUMULATIVE PRQJECTI:D PROJECTED.
CATEGORY: EXPENDITURES CUMULA'rivE
BUDGET EXPENDED CUMULATIVE CUMULATIVE PERCENTAGE EXPE~OlTljRES EXPENO'rrURE !This 'Quarteri !Through eod,or this quarter) flhrQugh end of this quarter) {8&DI {Next Quartel) {By end or Contract Pe.wdi .. ... .-_ ... ..
flersonnel $ $ $ ,$ % $ $
-_ .. .. -,---
Coniractual $, $ $ $ % $ $
,~" ,----,-' -
Operating Cost~ $ $ $ $ % $ $
-, ... -, .. ' _.,,". ---
Commodities' $ $ $ $ % $ $
-,-.. --, -.. '
Capital Oullay $ $ $ $ % $ $
-. --, -' .. _"--
TOTAl.. $' ,$ $ $ % $ $
....... ,.
Program Inco,rrie • The dispOSition of Program Income not specifically listed in the approved Program Income budget requires priorwriiten approval from OHCO. '
1. Does thisactivify g~nerate Program Income? 0 Yes 0 No 2. If yes, indicate the amount generated this quarter. =-$::...., -"', ____ -:--_
3. If yes, was ~written approval granted by' DHCD to use the Program Income generated from this activity? 0 Yes 0 No 0 N/A
If yes,@attach cOpy of approval retter and related dOCuments, If no, a writ!en request for approv~lto use the Program Income must be ~ubmitted to DHCD -or-a check payable to Miami-
Dade Courity for the g~nemted Program Income must be submilted quarte~y in accoroanr.e with the terms oHhe contract.. Check Attached? 0 Yes 0 No 0 NlA
2. Environmental Status: 0 A=Exempt 0 C=Completed 0 D=Underway
3. Is this activity soli incompliance with the original project schedule? 0 Yes 0 No
Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (lR12-15.Q6) 12-23':()9R
QUARTERLY EXPENDITURE AND
PROGRESS REPORT • FY 2010
Accomplishment Type: . 0 People [011 0 Households 1041 0 Businesses [081 0 Organizations [091 .0 Housing Units [10J o Public Facilities (11j 0 Jobs (13)
National Objective: 0 Area Wide Benefit [e.g.lMA, LMAFI,lMASA, SBA] ·or· 0 Direct Benefit [e.g. LMC, LMH. LMJ]
PERFORMANC~ CERTIFICATION: 0 This certifies that No Accomplishments occurred during this Quarter. Initials
NOTE: Submittal of Supplemental Form -Performance & Benefit Data is not required at this lime based all the certilication lIlat no accomplishments occurred during. this quarter.
CERTIFICATION .
This is to certify ihat tl)e data and other information provided in this Report is correct, based on official accounting system and records. and thaI expendttures and obligations shown have
been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by: TItle: ----------------------Date: ____ _
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 Leader J Supervisor ------
Department of Housing and Economic Development Page 20f2 Quarterly Expenditure & Progress Report (LR12·1S..oS) 12·23.{J9R
Performance & Benefit Data: Capital Improvement & Public Facilities
Supplement to Quarterly Expenditure and Progress. Report • FY 2010
RecipienlName: __ ~ ____________ .,...... _______ -.:....
Activity Name: ______________________ _
Activity ID # : Activlty Category: __ ~ ______ ,...
HUB Activity Matrix Code: ___ --'-_ Accomplishment Type: __ -'--____ _
HUD Matrix Code Description:
ACCOMeWSHME~T UNITS COMPL~TEDt::
o Acquisition I Disposition o Structures + 0 Parcels . # of Structures .
o Clearance / Demolition
o Street Improvements
o Public Facility I Type:
o Building/Type: ______ _
o Structures + 0 Parceis
Persons Served + Low &. Moderate Income
Persons Served ., Low & Modemte Income
Facilities. Persons Served + low/Mod Income
o ·Other Capital Improvement /Type: pnd~atB below) Persons Served • low & Moderate Income
-,-----'--....--
------
------
--~---
instructions & Applicability: Nationlll Objeclives incltidelMA, LMC, lMii,.SBA. SBR. sas or URG .
#ofParcels
# of Facilities
# of Pen;ons Served
# of Low/Mod Income
1. Total benefiting for program year: -------------. 2.Co~ntS'by 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 to this service or beneftt
c} Now receive a service or benefit that is no longer substandard
Total
d) Now have new access to this type of public facility or infra~tructure improvement . .
e) Now have improved access to this type of public facility or infrastructure improvement
f ) That are served by a public facility or infrastructu're t~at is no longer substandard
Total
g) Homeless persons given overnighl.shelter
h} Number of beds created in overnight shelter or'olher emergency housing
RACE I ETHNIC CATEGORY
Instructions: Indicate the lotal number of households or persons served in each Racial Category tor this reporting period and the cUl1)u.latiVe total. From the total
nl)mberdepicled in each Racial category, indicate the numbers t1iat are of Hispanic Ethniclty for this reporting period and the cumulative total.
.-~ .~. ,
\ ",' 1 ,: ,f'r .• "" .. ... : .....
RACIAL CATEGORIES .Racial Categories EtI!nlc Category Racial Categories Etllnic Categ()ry
Total Number Number Hispanic Total Number Number Hisp(Jnic :
White {11!
Black I African American (12)
Asiim (131
American Indian I Alaskan Native [14]
Native Hawaiian I Other Pacific Islander [151
American Indian I Alaskan Native & White [16)
Asian & White [17]
Black! African American & White [18J
Americanlndian orAlaskan Native & Black! African [19]
Other Multi Racial [20)
Totals
Performance & Benefit Dala: Capilallmprovement & Public Facilities [lR 12-10.()8112·23'()9 R Page 1 of2 Supplement to Quarterly Expenditure & Progress Report
Performance & Benefit Data; Capital Improvement &' Public Facilities
Supplement to Quarterly Expenditure and Progress,Report. FY2010
',"
DIRECT BENEFIT BY INCOME CATEGORY OTHER bIRe;CT lJENEFIT INFORMATION
.Income C~tegoiies ;;f{€n~~;I!(~:al[t~w"tO.;t~ff$)!i e:~UMQ~1!1ll~r:9r~~~Vi -()ther Categories ;~~S1~J~·¥jlHatl1~rA~$J.!:
Total Number
Extremely low (30% or less)
-;
low (31% -50%)
Moderate (51% -80%)
'Non lowlMod (81% or greater)
Tota!s -
Census ( C) Of Survey (S) Data Used: __ ~ __
Total # oflow/Mod in Service Area:
Percelltof Low/Mod in Service Area:
Census Tract: Block Oroups:
, Tota,l Number ; Total N~rri6er -
Total # Benefiting
from the Activity ,-
#ofFemaJe
H6lKled
Househol)1s
If (S). enter # of.lowlMod & Total Population:
Total Low/MOd Universe Population in ServiCe Area:
Census 'r rac!: Block Groups: , .........;--
Census Tract: BloCk Groups:
;~.$~MY.~1:W;!ll1:$l1~$t,
Total Number
Report Prepared by: ______ ---;::-==_------
PriiltWamo
Title: __________ ' Date: ---'--:-____ _
Signature of Certifying Official: Title: ____ ---_--Date: ______ _
Penormance & Benefit Data: Capital Improvement & Public Facilities [LR 12~10~8J 12-23-09 R Page 2 of 2 Supp!em~nt to Quarterly Expend'rture & Progress Report
·QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, OEFINltIO~S & ACRONYMS .
Reporting Period: Enter "X" in the box inat cotresponds with the appropriate reporting p'eriod for this report.
Section I: General Information
1. Recipient Name:FiIf in the appropriate Agency I Organization Namc;l.
,2. Contact Person:RII in the Contact Person's Name and TItle.
3. Telephone Number: Fill in the Telephone Number of ihe CantactPersol)-,
4. Activity 'Name (Project Title): Enter the name of the activitY.
5. Activity Address: Enter the complete address of the location where the activity is.taking place.
6. Activity Description: Enter brief description of the activity (120 characters maximum).
7. Activity 10 #: Enter Activity ID ,No: of the activity;
8. Index Code: Enter the Index Cooe from FAMIS.
9. Funding Source: Enter the funding source (e.g. CDBG 06, COBG DR 07, ESG Oi, HOME 98, HOME CHOO 08, etc}
10. Funded Amount: Enter the total funded amount of the activity, .include additional awards (same funding source) if.applicabla~
11. Activity Category: Enter "X" in the box thai corresponds with the. appropriate 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 aU that apply for the primary outcome the activity is designed to provide.
Section II: Financial Information
1. Column B: Enter amount.budgeted for the activity in each category of the approved budget (or most recent approved budget amendment}.
2. Column C: Enter amount expended for the acUvity in 'each category during this ~eporting period. ,.' .' .
3. Column 0: Enter Ihe actual cumulative expenditures from beginning of the contract through the end of thjs tel'>9ftlog, periOd for each category.
4. Column E: Enter the cumulative amount reimbursed from beginning of the cOhtr.act through the erid oHhis,reportingi>~riod for each category.
5, Column F: Enter the cumulative percent of expenditureS for each categoiyby diViding eaCh amount.in.ool~i:l.m·j):(AC1tual'Cumulative Expenditures) by
the corresponding amounts as shown in colomn B (Approved Budget)~ Example-If-Column. o snoWs '$5;000 expended to da.te in the Personnel
Category and. Column B shows $20,000 in the Approved Budget for this category, then the percentage in. CoIU~i1.J= would'oe 25%.
6. ColumnG: Enter amount of projected expenditures iheach category for the next quarter (reporting period). .
7. Column H: Enter amount of projected cumulative expenditures in ,each category from beginning of iM cOntract through the end of the contract period.
8. Total: Please include totals at the bottom of each column B through 1-1. .
9. Generate Program Income?: Enter "X" in the "Yes" box if this activity is e~pected to generate Program 'l1come;otherwise enter "X" in the "No" box.
10. If the response is "Yes i, to Program'lncome: Indicate the amount of program incoine generated duling this 'reporting period; jf the answer was "No'
enter N/A.·. . . . . ': '.
11. If Program Inco'me is generated: Enter ·X· in the "Yes· if DHCD approved use of the Program Income & proViMcopy of written approval letter along
wiih all related documents. Otherwise. ehter "X' in the "No· box and submit", written request for apprOvcll--<lf-a.check payable to Mlami·Dade County
for the generated Program Income. '. ".
1. Activity Status: Enter "X' in box that corresponds with the approprlate status Of the activity {Cancelled. Underway; or CQmpletedj;Please note that an
activity is considered complete'once it meets its' national objective.:atFaecomplishments havebeen'repo~ed,,<:)i1d.alltlJe fl,(ndS are drawn from.!OIS.
2. Environmental Status: Enter ·X· in the box that correspOlids with the appropriate status of the aotivitylA=Exempt. y:i:Completed; ot D=Underwayl
3. Compliance with Original Project Schedule: Eliter ox" in the "Yes· bOx 'if the activity compfies with the original project schedule; if-not enler "X·'irHhe
"No" box.
Section III: Work in Progress .
Provide a brief narrative description of work in progress during this reporting period. For example -
• Housing. During this period architectural drawings were completed, building department approved drawings. environmental approval received, plat
filed with the County, and construction is expected to begin next quarter.
• Economic Development· Fifteen jobs were created during the reporting period, five additional jobs are ~xpected to be created,by next quarter.
• Capital Improvement • 75% of construction of the childcare center eompleted this reporting period. Project on. schedule and is expecte~ to be
completed by next quarter.
Settion IV: Other Supporting Efforts
Provi~e a brief narrative description of all other supporting efforts that h~ve begun, partially implemented. or colTlplete~ during this reporting period.
Include quantifiable daia whenever appropriate. In·addiijon, other expenditures of funds, including local match and ·Ieverage contiibulions. 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 tliat are anticipated in the
next quarter. Report any problems that may impact the .project as originally proposed, including but not fimited to changes in Scope of Services,
benefiCiaries. target area, or other proposed outcomes. Recipients are encouraged to riotify the Contracts Officer to report/discuss any problems
encountered in order to resolve them as quickly as possible. .
Section VI: Technical Assistance
This section is reseNed for recipients to request Technical Assistance of any nature related to the funded activity.
Instructions, Definitions & Acronyms [created 6/30/08J revised 12122f09 R1 PaQe1of5
QUARTERLY EXPENDITURE AND PROGRESSREPC>RT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Section ViI: Performance Measurement ,
1. AccomplishlrientType: Enter ·X"in the box that corresponds to with the actual accomplishment type of this activity [people, Households, Businesses,
Organizations, Housing Units. Public Facilities, or Jobs].
2. 'National Objective: Enter "X" in the box tMtcorresponds with the National objective of this activity. Refer to Auachm~nt A in the Contract to locate the
National Objective for the activity -or-contact the Contracts Officer, to obtain this inf0rtl1aUon~ ,
·:Lf.:;~:~~;Vt:'~::;~~{.;~~~F:;2i;t/ii~i:;:1:~.T~·@~rrq;~~H:9§'J~~gt!Y~;9P9~~:,~ P.~~£~tP.~~.fq~~;'~·;;~;~:~~(:::::/}~:{~~~·;i~~:;\Ttr):,:\~rf;i!(S··~~,~;:'~\
Code Beneficiary Type Description . 24 CFR Citation
lMA Area BasisBeneflt low/MOd Area Benefit 570.208{a)(1)
, .
lMAFI Area Basis Benefit low/Mod Area Benefit, Community Development Financiallnstitufion (CDFI) 570,208(d)(6)(i}
lMASA Area Basis Benefit Low/Mod Area Benefit, Neighborhood ReVitalization Strategy. Area 570.208{<i}(5)(i}
lMC Direct Benefit Low/Mod limited Clientele Benefit 570.208(a)(2}
LMCMC Direct Benefit Low/Mod Limited Clientele, Microenlerprise ,570.208( a)(2)(iii)
LMCSV Direct Benefit LOW/Mod limited Clientele. Job Service Benefit 570:208(a)(2)(iv)
LMH Direct Benefit low/Mod Housing Benefit .. 570:208(a)(3}
lMHSP Direct Benefit low/Mod Housing Benefit, CDP! or Neighborhood Revitalization·Strategy Area ' '570.208(d)(5)(ii)
'570:208(d>(S)(ii)
LMJ Direct Benefit low/Mod JoP CreationlRefention 570:208(a)(4}
LMJPI . Direct Benefit low/Mod .Job Creafion/Retention, Public FacUityllmprovement Benefit 570.208(a)(4)(iv)(F)
lMJP Direct Benefit low/Mod Job Creation, Location Based 570.208(a)(4)(iv)
SBA Designated Area Basis Slum/Blight Area Benefit . 570.208(b)( 1)
. SBR Urban Renewal Area Sium/Bligot in an Urban Renewal Area . 1.ilQ.208{b)(3} ,
S8$ Spot Sa,sis . SlumlBlight spot Basis 570.208(b)(2)
URG Urgent Need , Urgent Need 570.208(c)
ihe data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning (if: the contact period through the·
quarter being repbrted}.lf there are no accomplishments during the reporting period, the data for this Quarter and,Cumulative may be·left blank, and the
Recipient must complete ,the P~rformance gertiHcation check bOX for "No. Accomplishments" .
3. Total Housing: Housing actMtiesthat Construct or Rehabllitate Rental Unlts, Acquire andlor Construct New Homeowner Units,' Rehabilitate'
Homeowner Unlts, or provide Homeowner Counseling ,and Dir~ct Financial Assistance .to HoinElbllyer$ 'roU$t.~oinplete this section if any
~ccompfishmentS are achieved ill the, reporting period and complel~ the Supplemental Form, "PerfQnnan¢e~ridBeneiit Dafa:H9usirig".
4., Total People or H,ous'eholds: ActiVities that provide Public Serv.ices or Admlnistratlve (e;g., Fair HOlisinQ Activities) must cOmplete this section if any
accomplishments are achieved in the reporting 'period and complete the Supplemental Form, ~Performance' an~ Ben<:lfit Data: Public Services -or-
Administration". Capitallmprovernent and Public Facilities Activities must complete this section if ariy aGCOmplishments ar~ achieved in the reporting
period and complete the Supplemental Form, ·Performance and Benefit Data: Capital Improvement & Pl1blicFacilities~., '
5. Total Jobs: Activities that create or' retain jobs, and/or provide assistance to businesses, must complete thiss~ion if any accomplishments are
achieved in the reporting period and complete the Supplemental Form, "Performance and BenefitQata: Economic Development".
6. Performance Certification: The Performance Certification check box for "No Accomplishments· must be checked and:ioitialed by the Certifying Official
if there have been no accomplishments during the reporting period. This item certifies that there have been no accornplisnmenls 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 Ihe Notice and
, additionannformatiori about performance measurements is available atthe following link: http://wwW;hud;gov/offices/cpd/aboutlperformance/ .
1. Report Prepared By: The name and,title.ofthe report preparer:along with the date, mustb~'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 must be completed and provided to DHCD for' any quart~ when actual aCcomplishments ar~ achiev~" the
activity is completed, and the national objective is mel 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 fuilded activity. The fonowing general information is available on Attachment A in the contract:
Activity 10, Activity Category,HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and NaUonal Objective. AU reports must
include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and the
report must be dated. .
Instructions, Definitions & Acronyms [created 6/30/081 revised 1 '2122109 R 1 Page2of5
QUARTERLY EXPENOITURE AND PROGRESS REPORT
. INSTRUCTIONS, DEFINITIONS ~ACRONYMS
Project Category [required): Enter "X' in the box that correspondS with the
funded project type.
Accomplishment Type I Measures [requiredJ: 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/rriod income.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Performance Measurement & Accomplishment Information [required)
(1) Indicate the total number benefiting from the activitY.
(2) Indicate method used to count the number benefiting from the activity ..: by
Househords served or Persons served.
(3) Of those assisted, responds to each inquiry -a through c -by providing
the number that benefited, and provide liJe total for aiL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Direct Benefit Information [requiredj: Beneficiary information must be
provided inthis section for activities having a national objective tif lMC,
LMCMC, LMCSV,lMH, LMHSP, lMJ, lMJFI; or LMJP. Otherwise, complete
the Area Beneft.t Information secUon. Provitfe informationfor.actual number of
households ·orpersons assisted, for this reporting:period and the cumulative
total. Also, provide requested information. in thelncoine Category an(jQther
Beneficiary Data Sections. . .
Area,Benefit Information [required): If appHcabl~ for funded activIty.
~~~~~~~~~oG\~~.oG\~~.q,~,.(f..~~~oG\-0~oG\o;i.oG\~ ..
Funding Sources I Lever~ging of Funds [required}
HOME Funded Projects Only [required): Enter ·X· in the b6xthafeorresponds
with the funded HOME tenure type, complete the correspohdingForm, & attach it
to the report.
Project Type [required): Enter 'X' in .the box that corresponds with the funded
project type.
Number of Units Completed (required!: Indicate tola! number of Renta! Units,
Owner Units, or. Homebuyer Households completed for the funded activity.
COBG Multi.UnitActivity, if applicable: Provide all requested information for boll)
charts in this section.
Displacement Information, if applicable: Provide all requestedihformation in the
chart.
Replacement Infonnalion, if applicable: Provide all requested information in the
chart. . .
~~oG\o(l..~oG\o(l..~~o(l..o(l..o(l..o(l..o(l..o(l..~~o(l..~~o(l..~-<Ji,o(l..o(l..~~.
Performance Measurement & Accomplishment Infonnation [required], all
applicable sections must be completed .
(1) Provide number of Affordable Units ~nd respond to each inquiry-a through f
-by providing the requested information
(2) Provide number of Section 504 Accessible Units
(3) Provide number of units qualified as Energy Star
(4) Provide number of units brought up to HQS/local Code (Rehab only)
(5) Provide number of units brought in compliance with, lead safety (Rehab only)
(6) Provide number of units created through conversion of non-residential to
residential buildings (Rental Rehab only)
(7) Provide number of households previously living in,subsidized housing
(AcqUisition/Construction New Homeowner only)
Direct Financial Assistance to Homebuyers, if applicable
(1) Provide number of first-time homebuyers and of those, indicate number that
received housing counseling
(2) Provide number receiving Down Payment ASsistance/Closing Cost~
~~~o(}.~~o(l..~.,.g,~~o(l..o<i"~~o(l..oG\o(l..~~~~~o(l...~~~
Direct Beneficiary Infoonatlon (requlred}-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 6f30f061 revised 12122109 R1
Project Type [required]: Enter "X' in the box that cortesponds with the funded
project type. .
Measures: Acquisition/Disposition and Clearance/Demolition activities only -
Enter ·X· in the box that corresponds wilO the funded activity. .
Accomplishment Un.its Completed (required]: Indiqate. the number of units
completed [Structures, Parcels; or Facilitie'sl , number of persons served, and
number that are row/mod inwme
~~~o(l..~~~~~~~~~~~~~~~~o(l..~~~o(l..~~o(l..
Performance Measurement & Accomplishment Information {req\JiredJ
(1) Enter total number bf.lnefiting from ·the:activily for the program year.
(2) Indicate jf the count is by Household or Persons.
(3) Of those assisted. respond to each inquiry -a through h -by providing the
number that benefited, and prOvide the total for each section.
~~~~~~~~~oG\o(l..~~~~~~~~~o(l..~~~~.,.g,oG\~
Direct Benefit Information [requ,red}: Beneficiary information must be provided
inthis section for activities having, a national objective ofLMC, LMCMC,lMCSV,
lMH, LMHSP, LMJ, LMJFI, orlMJP. Otherwise, complete the Area Benefit
Information sectioll. Provide information for actual number of households or
persons assisted, for this reporting period 'and the cumulative total. Also, provide
requested information in the Income Catego·rya'1d Other Beneficiary Data
$ections. . . .. . . ..• ,.. .
Art~a Benefit Information [req~iredI: Ifappnc~ble for funded 'actiVity.
~~oG\~o(},o<f,o(},~~~~~.~-<f>O(f.;q..O(f.~.o¢..is.~oG;~~~~~~
FundingSour<;es I Leveraging of Funds
data should be prepared as·accoin~)lishmerlts
or on a quarterly basis; at a .minimum, .
Job Creation arid/or Job Retention fnformatiort: [responses required for this
Accomplishment Type]·' . .
(1) Complete the Job Creath?n area: if the activity is expected to create jobs;
otherwise, complete the Job Retention area if. the activity is expected to
retain jobs.
(2) Indicate the number of jobs .created o~ retained, as applicable, by job type ·for
this reporting peripdand the cumulative totaL . .
(3) . Direct Benefit Information -must .be completect kit the actual jobs created .or
retained, asappHcable, for this reportingperiodandW~cumtilativetotaf.
Also, provide requested information in the:lnc;ome Category andOmer
Beneficiary Data Sections~ : .. ...
(4) Number of jobs created with employer. Spbn·sored health care benefits
(5) Numberunemployed prior tq taking Job created . .
(6) Number of jobs retained with employer sponsored health care benefits
(7) Provide explanation if proposed goals are not inet
.,.g,~~o(l...,.g,~~oG\o(}.~~~~~~~~~~.q,o(l..~~~oG\~~~~
Assistance to Businesses [responses required forthis Accomplishment Typel
(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 f8¥Jde 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]
~~~~oG\~~~oG\oG\~~~~oG\o(l..~~~~~~~oG\~~~~~
Area Benefit Information [required]
Funding Sources I Leveraging of Funds [required]
Required Attachments must be provided, if applicable.
Page30f5
QUARTERLY EXPENDITURE AND PROGRESS REPORT··
INSTRUCTIONS; OEFINITIONS & ACR~NYMS .
Area Benefit: Those activities having a national objective of LMA, l~JI, and lMASA. Beneficiary data is n~ported by Surveyor Census .data for the
percentage of low-and moderate-income persons in the service area. CDBG regulations specify tliat 51 p,ercentdf the residents of the service area must be
lMI. Examples of area benefit activities include slreeflsidewalk improvements; water/sewer lines, nl1igh~orhood facilities. and favade improvements in
neighborhood commercial districts. . . .
Census Block: A· geographic area bounqedby visible and/or invisible features shown on a map prepar~ by the u.s. CensuS Bureau. A block is the
smallest 9e9graphic 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 accordance with Census Burea.\J guidelines.
COBG National Objectives: The authorizing statUte of theCDBG program requir~s' thateach a9tivlty funQed,exciept for program administration and
planning activities must meet Qne of three national objectives. All CDSG activities must achieve One ot more ofthesenationaiobJective·s. .
•. Benefit 10 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 seriot,lsand immediate threat to the health or
welfare of the community.
In addition, a minimum of 70% of the CDBG program expenditures must meet the LMI benefit nalion(\l objective.
Direct Benefit: Those activities having a national objective of lMG, LMCMC, lMCSV,LMH, lMHSP, LMJ, lM~Fl.or LMJP. Beneficiary data is reported by
the total number of persons or households benefitting from an activity. . .,
. DUNS Number: Data Universal Numb!,!ring Sys,tem {DUNS} number is a requirement for any businessthatreceIVesFederalassistance. If a business does
not have one, it should call the DUNS nurriber request line at 1·866-705-~711 to obtain a number. The,process is free and takes about ten minutes .
. ENERGY 8T AR: . ENERGY· STAR is a joint program of EPA and DOE to help us all sav~money andprotecl; th,a ~nvirQrim~nt'Ulrough energy effICient
products and practices; HUb encourages incorporation of ENERGY STAR qualified products and practicesvilieri'conducting rehabilitation or constructing
new housing. likewis.e, ENERGY STAR is a data element for . enetg'y conservation activities .lor 'tfieho!.lsirig ,indiCator ~tegories· in· the performance
measurement system. .. ... ... . . . .. .. ,.: ' . : .<. ,: ,. .
Extremely Low~lncome: Households with annual income less than 30% of the area median intorne,asestabjisfle<fbYHIJO.:The nuniber of household
members is used in thedeterminatioli. ' ....
Ethnic Categories: H~D arid grantees are required to treat ejhnicity as a separate category: "Hispan'!c or Latino" and "Ni:lt Hispanicor Not Latino' are
design~ted as separateethnicity.~tegorjes.· .. ...,
• Hispanic or latina: A person of CUban, Mexican, Puerto Rican, South or Gentral American. or other $panishcul.lure or origin, regardless of race.
The term, "Spanish origin,' can. be used in addition to "Hispanic or latino." . . .. .....
• Not HispaniC or Notlathlo: A persOn not of Cuban, Mexican, Puerto Rican, South, or Central American" or ptner Spanish culture or 'origin,
regardless of race. . . . ..
Family: All persons living in the same household who are related by birth. marriage, or ad()ption.
Household: All persons occupying the same housing unit. The occupants may be a single family, one person. Hving alone, two or more families living
together, c:irany group Of related o( unrelated persons who share IMhg arra~gements; ... . ..
Housing Quality Standards (HQS): HQSare set acceptable conditiol')s f<;>r interior living spade, building exterior, heating and pl~mbirig systems,.and
general health and safety; The purpose of HQS, is to determine whether a housing unit IS de,cent,safe8!1d sanitary. . . .. . .
Income: (1) AnnUal income asdefined under Section 8; (2) Annual income as reported under the Cel').sus,loog fdrmi·or,(3)AWusted gross income as defined
by·the IRS Form 1040, .., ... ,'.'
Low Mod Job Creation or Retent.ion(LMJ): An activity designed to meet the Nat.ional Obje~ve of crei:lting or fEjtliining: permanent jobs, at least 70 percent
of which {computed on a full-time equIValent basis)will be madEravaiiable to or held ~y LMlperSons. . .
Low Mod Limited Clientele (LMC): An activity carried out to meet the Na(ional Objective' of benefit to LMI persons. Activjties under the LMC category must
meet one of the fonowing 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 LMJ; 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 Incom.e 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 atleast 5fpercent ofthe residents are LMlpersons. . .
low and Moderate Income (LMI): LQw and moderate income means family or household annual income less than the Sec;tion 8 low Income limit.
generally 80 percent of the area median income, as established by HUD. .
lOW-Income Household/Family: A householdlfamily having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median
income) as established by HUD.
Low Income: Households.with annual income less than 50% of the afE~a median income, as established by HUD.
low Mod Housing (LMH): An activity carried out to meet the National Objective of benefit to LMI personslhouseholds~ e.g., acquisition, construction, or
improvement of permanent, residential stru~res which. uponcompletlon, will be occupied by LMI households.. . .
Matrix Codes: The matrix code indicates how the activity is eligible under CDBG regulations, it generally Identifies the purpose for which assistance was
provided, and determines the type of accomplishment units thatshould 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 incomEj equaUo or less than the Section 8 low Income Iimit(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 R1 Page 4 of5
QUARTERLY EXPENDiTURE ANOPROGRE$S REPORT
INSTRUCTIONS, DEFINITIONSIJ.,ACRQNYMS'
Objectives: The objectives capture' the range of community impacts that a~e expected to occur as a result of program' activities. There arE) three possible
objectives for each activity: 1} Creating Suitable Living Environments.2}Provlding Decent Housing; and 3) Creating Economic Opportunities.
OuttQmes: The program outcome helps further refine the activity's objective and captUres thelll~fure. of the type of Change sought or the expected result of
the activity. There are three possible outcomes: 1) Availability/Accessibility, 2) AffordabiUty, and 3} Sti~ainability. .
Period of Affonhibility: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housirig unit before the unit
may be sold without pen~lty to the homeoymer..· '.. .
Program Income: Any 91U5.S income receiVed by the sub r-ecipient that was directly gil~er:ated from the lise of COBG fuilds (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 idenfify the racial
demographics of the individuals and/or the communities they serve, or are proposing to serve. .
1. 'American Indian or Alas,ka Native. A person having origins in any of the original peoples of North and South America Qncluding Central America).
and who maintains tri~al affiliation or Community attachment. . .
2. Asian. A person having originl) in any of the cirigirtal peoples of the. Far East, Southeast Asia, or the Indian subcontinent including. for example,
Cambodia. China. Indi~; Japan. Korea, Malaysia. Pakistan, the Philippine Islan'ds, Thailand; and Vietnam~
3. Black or African Ameri~ai1. A person having'origins in any of the black racial groups of Africa. Terms such as "Haitian" or Negro" can be used in
addition to :'Blackor African American." . .'
4. Native Hawaiian or Other Pacific Islander~ A person having origins in any of the original peoples· of Hawaii. Guam, Samoa, or other Pacific Islands.
5 .. White. A person having 'origins in any of .th~ original peoples of Europe, the .Middle East, or North Africa; ..
6. Ameri~n Indian or Alaska Native & White. A person having !liese multiple raCe heritages as definedatiove.
7. Asian & White. A pe~son having .these multiple race heritages as defined above.
a. Black or African American & White. A person having Ihesemultiple race heritag~s as defined above. '., .
9. American Indianar Alasl<il Native & Black or.African' American. A personhavingtnese multiple race heritages as dettned above.
10. Other Multi·Racial. A person reporting multi-race heritages not included inany'ofthe otherninecategorleslist~(Jab(jve. and that have a total count
.thatexceeds·oneperceritofQlepopulaijonserved., , .' . ..~...'. .'. " ' ... ; .
Section 5Q4: Section 504 of the Rellabilitation Act of 1973 prohiPits dist;rimfnatiorUn Fe4ercilly ~S$i$fed piog~am~ :on tti.e basis of handicap. It imposes.
require,ments to ensure that"qutllifieQ.lridividual$Wittlhaii~icaps"haite acceSs to programs aiid'acliyitiesthat'r~ceh/eF~er~i funds. Minimum req!lirements
include, but are not iimited to: .1} Removal of PhYSical Bamers,' 2)· Provide' Program Acces~lbllity, 3) M.akeEinploYinent AcceSSible, and 4) Administrative
Requirements." , . . .' ". . . '. . . .'. . .
Sub'recipienf:An entity that. assists the recipient to implernent anq'administer its program; SOb recipients aregeriel'ally nonprofit organizations that assist
the' recipient to undertake one, or more. activities on behalf of the grantee, stich as admiriistera.home rehabilitation loan pool· or manage a job-training
program. Suh recipients are' also referred,to as sub grantees. . .
SurVey: The surveY.instrumerttand meth<><1ology must be approved ,by HUDfor the purpose ofestablisl'iing the percentage. of LMI persons in a.service area.
A survey must meet standards' of statistical reliability that are comparable to that of the Decennial Census data for areas of SImilar size, Additional guidan<;:e
is available in CPO'Notice 05-06.
InstrucUons, Definitions & Acronyms {created 6130108] revised 12122109 R1 Page 5 of5
Attachment D
DEPARTMENT:OF HOUSING'AND COMMUNITY DEVELOPMENT (DHeD)
, lNFORIVIATION FOR ENVIRONMENTAL REVIEW FORM
INSTRuctiONS: . Per 24 CF~ Part 58, the purpOse oUhe environmental review procedures is to
foster th~implementation of environmentafly compatIble activitle$. As a grant or loan recipie"'~
Mii.tmi·Dad~:CouJ1tY'will not fund projects that wfll negatively impact clients, communities, or
the environment
Part I. AGENCY AND PRQJECT DETAIL
1. Indicate Funding Spurce:
o CDBG' o 'HOMELESS (SRb/SHP) o CDI:lG~~",.
2. "lndi9at~'Fis~{Y~ar..' 'FY2&_' "_', '
3. 'Name of $:tibrecipient/Ag~ncy:
" '
4.' NameofP~op'osedActivlty~ ,
o HOME
,0' EOI
,5. location: (Address with, City, Sr and Zip) of AcovitY or Project
" " .
. '
I
7. Commission,District(s):
·R Direct Contactinfor:maUon of 19anlarant recipient:
Name:
Address:
City: I State: jZip:
Phone:, I Fax:
9. Oetahed description of activity or project:
o HOPE VI o NSP
Form Revised 12ll1512OO9
. 10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, HistdricPreservation, Capital Improvement. Housing, etc.
1 t. What is the status of activity or project? For example. Pre-Development Phase,
Rehab/Consttu:CtlonUnderway, Rehab/Construc~ion Completed, etc. . . ~ , " .' . .
, : ."
~ . ' .
P.art II. PROJECT OUTCOME
Wi! I the acUvitY or proi~rresult in the folloWing?
YES. ". NO
1. Change in use
2~ Sufr:surfa~'alteratidri (i.e. excavations)
.. . ' .. 3. New,construction
· . 4. Renovation .9r demolition
S. Site imp~9vements (titllities. sidewalk, landscaping, stOffil
· " drainage, parking areas. (lrives, etc., . .
6. BUilding improvem,entS (Windows, doors, etc.) .
7. Displacement of persons, households or business
8. Increase in population working or living on site
9. land acquisition
10. ActMtyin 100~yearfloodplain
11. A new nonresidential use generating at least 1.375,000 gC:llfons of
water or 687.5(}O gallons of sewage .per d~.
12. Use requiring operating permit.Q.e. for hazardous waste,
pretreatment of..sewage, etcJ .'
'13. A sailitcuy landfill or hazardous waste disposal site
14. Tree removal or relocation
· . 15. Street improvements
. 1.6. The impOunding of more than 10 acre feet of water (e.g. Gigging a
iake or diverting or deepening of a body of water).
Part III. SITE SPECIFIC INFORMATION
2
r ;
.. 1. land Use:
Describe the existing and proposed land use:
..• Existing?
•. Proposed?
. DoeS the. proposed actiVity include a new structure(s) or site· improvements on a site of one (1)
acre or more? 0 YES 0 NO .
If Yes. a site pian must be provided. Project{~} will not be environmentafly reviewed without a
~-. . . .
3.Photcigraphs:
Does the ~cQv,ity include new construction, renovati9n or rehabilitation?·
DYES o NO
If yes, photographs must be provided of each side (front. rear and sides) of the slructure(s)
prop~d-for assistance and tM buildings on the adjacent lots. The photogr.aphs ·shall be
. identlfied'by address. In addition. provide for each existing structure on the site, the fOllowing
information:
• Existing structure(s} on site? DYES o NO
• Es~mated age of struclure(s}? __ _
4. Value of Improvements:
Does the proposed activity include rehabUitation or renovation of structure(s}?
DYES o NO
If yes, what is the estimated cost of rehabilitation or renovation? ______ ~_
3
What is the ~unt sought for funding? ________ _
In addition, indicate if the estimated value of the improvement represents:
o oto 39.9 percent of the market value of the structure(s) o 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market varue of the structure(s) o 75 percent or more of the market value olthe structure{s}
5. Phase I Environmentar Audits:
Does the proposed activity involve the transfer of any property, new construction,. major
renovations 'of '75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?·
DYES o NO
. If .yes. a cOpy of Phase I Environmental Audit certified to' Miami-Oad~ County· must be
submitted to. determine the likely presence of either a, release or threatened release of
hazardous ~iJbstance.
An, at/dn,is a review of a site and adjacent properti~ and involves preparing a history .of
ownership,land use and zoning for the last sO' years;.rese~rching environmental records for
information' on hazardous waste sites, hazprdous Jacllitie:S. solid, Wasfellandfilf faciiities and
uOderground storage tanks (av~ilable throUgh the Department of Environmentai Regulations
and Management (OERM), Florida Department of EClVironmental PrQtection(FOEP) and U.S.
Environmental Protection Agency (EPA)}; and'site inspection for physic~levjdence of
contamination ~iJch .as damaged vegetation or stains In the soiL
, . ,
Has a Phcl'se: ,'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?
0, 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 Inlotmation:
o NO
4
YES, NO
1. Floodlnsur,:mce required?
2. PubWc water availabJ~ on site?
3. , public $ewQ.r av~ilable ,on site?
4. Chndren ,under 7 years of age residing on , , ,
s~'9r relocating to site (in,cluding day car.e faci,lity)?
5. Hazardous waste disposal facility?
K Storage of hazardous materials on site?
7. Abandonedstructure{s) on,site?
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
RequtredSubmittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and/orCity
with ,the loCation orlot clearly pointed out.
'2. ,For n~w construction projects: Submit a scope of service, an itemized budget, and a site plan;
3. For housing/building, rehabilitation projectsonfy: Submit,a scope of service, al) itemized, bud~t
desyriblrfg the major components of the rehabilitation program planned, and a photograph of the
property. "
4~ For historic proprieties. include: Submit photographs of the property, an,d a description of any
adjacerithistoric properties that may be affected by yooractivity.
Part V. CERTIFICATION
I certify to tbe accuracy'oUhe informatio'n provided, I understand that all{un~ed activities. must'
have an approved environmentai review clearance pr.iortothe commEmcemfmt.ofprojects,' I clearly
~ndef$tand that any oQlitted and/or . incorrect inform~t1on will delay the initiation of the
environmental review process by the OHCD staff. As sucll, l am aware that omitt~d information
. could delay the 'commencement of my organization's project.' understand' all approVed
.. envj'ronmental revieWs ate 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
Department of Housing and Community Development
701 NW 1st Court • 14th Floor
Miami,Florida 33136
5
Title
Date
. TYPES ,OF ACTIVITIES AND ENVIRONMENTAl GUIDELINES TRIGGERED:
, Type of Activity EXEMPP' C~NST* . CES~
Economic Deve'opment ' ,
New Construction
Rehab, Xf
NOIrConstructionfExpanSjon ,X
Housing
Single Family Rehab .X
Multl"Farnily Rehab Xl
New Construction
Homeownership Assistance X
Affordable Housing Pre-Dev. X
Capital Improvement
Handicappe<f'Access X
Public Facnities XI
; ',otmstrUcture. X'
, Public Services "
, Employment X
Crime Prevention X
Child Care X
Youth or SeniorServlces X
SUpportive Services X
Type of Publication No Public No Public' No' Public Notice/No
NoticeJNo Notic~o AAbF (No-Sta,tiitoljf.
RROF RROF , Requirement Tnggerecl)
,
30-45 Days, 30-45 Days
Xl If for continued use and change in density ,(or size) of less than 20%
Xl Change in density (or size} of more than 20%
-
Exempt
CENST
CEST
EA
Exempt Aclivities
, Categorically Excluded and Not Subjectto 58.5
Categorically ExcludedSubject to 58.5
Environmental Assessment (Format II)
6
Or
PubHsh NOJmROF
(Sfa tui9iy,Requirement
Trigg¢red)
EA***~
X
)(2
)(2
X
X2
Xl,
. 'Publish
FONSfand,
NOIIRROF
90 Days
Minimum
. MIAMI-DADE COUNTY AFFIDAVITS
The 'contracting individual or entity (government or otherWise) shall indicate by an ax .. all affidavits that pertain
to t'1IS contract 'and shalt indicate by an "N.iA" au affidavits that do not pertain to this cOntract. Aii biani< spaces
must be filled. '
The .MIAMI~DADE: COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY
EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY
NON-DI~CRIMINATION AFFIDAVIT; and 'the PROJECT FRESH START AFFIDAVIT shalf 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(. Hiro-..\?i \.e I . Ph. 'D. , being first duiy swom state:
. \ Affiant
The full legal name and business address'of the person(s) or entity contraction or transacting business with
.. Miami-Dade County ,are (Post Office addresses ~re not acceptable): .
. ..... 2l~ [0000.:1:2'. .
Federal Employer Identification Numb(}r (If none, Social Security)
'. ~ame ntiti, Individual(s}, Partners, or Corporation
.Doi·ngBusiness As (If' same as abov~, leave blank)
Street Address City· State Zip Code
.. N!A I. MIAMI-DADE COUNTY.oWNERSHI? DISCLOSURE AFFIOfWIT (Sec. 2-8.1 of the CountyC~de)
1. If the' contract or bus{nes$ transactibn is with a 'corpOratio~,' the fulllega[ name an~ busi~ess address
shall be provided for each officer and director and each stockholder who ·hold.s directly or indirectly five
percent (5%) or'more .or' the corporation's stock.· If the contract or· business transaciionis with a
. partnership, the foregoinginformatioh shall be provided for each partner. It the ~ntract or business
transaction. is with a trust, the fl.,lll legal name and address shall be pro~ided for e~ch trustee and each
beneficiary. The forg~ing requirements shall not pertain to Contracts with 'publicly,.traded corporatiol1s or
to . contracts with the United States or any department or names and addresses are (f>ost Offices
addresses are not acceptable): .
'., ..... , ..
Full legal Name Address Ownership
--~------------------------~--------------------------~--------_%
~----------~------~--------------~-------------------%
--------------------~--------------------------------------------_%
. Page 1 of 5
"'IA
2_ The full legal names and business address of any other in9ividual (other than subcontractors, material
men, supplies, laborers, or lenders) who have, or will have, any inter~st (iegal, 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 dcHlars ($500.00) or
imprisonment in the County jail for up to sixty (60) days or both. '
II. MiAMI-DADE COUNTY EMPLOYMI?NT DISCLOSURE AFFIDAVIT (Qounty Ordinance No. 90-.133,
amenejing Sec. 2.8-1; Subsection (d){2) of the County Code). ,
. .
Except where precluded by federal or State laws or regulati~ms, each contract or business transaction or
renewal thereofwhich involves tile expenditure often thotJsand dollar ($10,OOP) or more shall require the
eri_ti~ycontr~c?ng o!", tr,::lOsacting busi~e?s to disClose the·.following inform~tion . .The. fQregoing discl6sur~
requirements do not apply to contracts: with the United States' or any department or agency tliereof, the
State or any politic{:ll subdivision or. agency or any municipa:litY,ofthisSt~te: . .
..' .
1. Does your firm nave 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 f~rce and ownership as to race,
nattohal. oliginand. gender." . '. . . . . .
White: Males -Females Asian: __ Males Females
Black: --Males -Females AmC?rican Indian:_ Males " Females
Hispanics: __ Mciles __ Females ' Aleut (Eskimo):~'Males FemCitles
___ '_:. _'_, _ Males _, _ Fem~l~s ' .: _ Males Females
,{/~ •. AFFfRMATIVE-ACrION/NON-DfSCRIMINATION: 'OF ,EMPf-OYME~T,-, PROMOTiON AND / '1111
PROCUREMENT PRACTICES (CountyOr'dinances 98-3.0 codified at 2-8.1.5 of'f~e Co~nty .coos),
In' acCordance with qounty Ordinance No. 98-30, entities With annual gross revenues:' in "excess, of
, $5,000;000 ,seekiflg to contract with the CountY. shall. as condition receiving a CountY contract, have I)' a
written affirmative action plan which sets fotththe procedures the entity utilizes to .. assure that it doe~ not
discliminate in' its emplOYment and promotion practices; and ii) a written procurement policy which sets
forth the procedures the entity utilizes to assure that it does not discriminate against. minority and women-
owned b~sinesses in its own procurement of goods, '~opplies and services. Such affirmatives action plans
and procurement policies sqall pr.ovide for'peri,odic review to determine their effectiven.ess in assuring ~he .
,entity. qoes not.. d.i~crjmin~te iQ, jts ~mployrriEmt, pr9mption and procureme!1t· .practices" Th!3 foregOing
notwithstanding, corporate entities Whose board~ of dir~ctors'are rep(e~en~atives of the popufati9n ,make-
up of the nation shall be prel?ume<:f to haVe nOI'1-discriminatdry employment and ·procurementpc>.licies, and
shall not be required to have written affirmative action plans and procurement poliCies in order to receive a
County contract The foregoing pr~umption may be rebutted.
, The requirements of County Ordiryance"No. 98-30 may be waived upo.n:the written.recommendaiion ofthe
County Manager that it is in the best interest of the County to' do so "and upon approval ,of the Board of.
County Commissioners by majority vote of the members present
Page 2 of5
,,'
_~ __ The, firm does not have annu~l gro~, revenUes in excess of $5,000,000.
____ The firm dDe$, have annual revenues in ex:ces$ of $5;000,000;' however. its Board of Directors
!$ representative of t'1e poP't!!~tion 'make..:up I,)f the naUoli and,has submitted' a written. detailed
listing of its Board of Directors, including the race of ethnicity of each bo~rd meml,ler, to the
County's Department of Business Development. 175 NW1 st Avenue, 28th Floor, Miami,
Florida 33128. '
/ : • The firm has annual gross revenues in excess of $5,000,000 and the firm does have', a written
affirmative action plan anq procurement policy' as described abo~e. which iricludes periQdic
review to determine effectiveness,and has submitted ttie plan' and policy t9 the County's
Department of B.usiness De.velopmEmt, 175 NW1 st Avenue, 28th Floor, Miami. Florida 33128.
____ The firm does n9t have an affif!native action plan and/or a procurement poiicy as' described
abov~, l:U,If' h~s been ar;;tnted ~. waiver. ' ~v." MI~I-DADE COUN~CRIMINAl RECORD AFFIOAVIT (Section 2-8.6 <if the" CounlyCGde)
. The, individ~1 or entity entering· into. a contr~ct' or recelvi.ng fu .. nding, from the: CountY ______
. has, ~ has. not 'of the date of this affidavit been conVIcted ofa fe,lony donng, the past ten
',' (10) years.· , ',.. .. ".'
' ....... /;~~M1AMi-DAO~. EMPLOY~ENf ,bR{)G~FREr:' W6~KPLACE AFFIOAVIT'{Cou~tY'brdlnah~~ .. ' ~ v ,no. 92,..15 codified, as. SecUon 2 .. 8,1.2 of the County Code), .
That in complian~with Ordinance No. 92:"15 of the Code;ofMiami-padeC,ounty, F(orida.:the
above n,amedpersonor el1ti4t is .providirig a' drug-fre~ workplaCe~ A written statementto each
employee shalf, infoim the employee about:
1.; banger ,of-drug abuse io thfHvo'rk'piace .'
2. ,The firm's po~i¢y of:ni~intainjng adrug~free environment at .311 wbri<pJages .
3. Availability of drugcotiliseling; re.hablfitation and employee assista'nce progfum$
4. Penalties that may be imposed upon employees for drug abuse vic;)latlons
The person orentity,shalH:'ilso reqUire an employee to,sign a statenwnt, '~s a c,ondittdoof ,
employment that the employe~ wilt abide by the term$ a,nd notify'the employer ~f any: cnl11inal .
drug conviCtion oC6urring nq' later than·.five' (5) daytfafter receiVing: notice of suCh\convf~on
,: and, impOse, .appropriate. personnel,· aetton against; the employee, up, to and: inoluQing
. termination.. '., .,. .. ,'.' . .
Compliance with Ordihance, No. 92-1.5 may be waiVed if the special characteristics·. Qf the
product or service· offered' by the Person ot' entity make it necessary forth¢operation of the
County· or' for· the health •. safety. welfare, 'economic benerlts an~ well-being oft~ pul;>lic,
, ContraCts involving' funding whiCh is provided in whole, or in part by,the United States. of the
State of Florida shall be exempted fr:oni the proviSions of this Qrdiriance in tI10se instances , . AI ~h~te ~h~se prOVi$iO~~ .are ,in CO,ti~~~W.it~t~e req~jrem~nts of t~?S~ ~OV~~~(;}nt entities. , ' .
. ~Vl. MtAMI-DADEEMPLOYMEI'rf FAMilY LEAVE AFFIDAVIT (County Ordinances No. 142-91
, . codified as Section 11A-29 et. Seq ofthe (;ounty Code) " .
That in compliance with ordinance No. 142-91 of the Code of Miami-Dade County. Ronda, an
employer with rlfty (50) or: more emplqyees Working in Oade' CQunty for each working day
during each of twentY (20) or more calendar workWeeks, sJlall provide the following.·
information in compli.ance wi,thalf items in the aforementioned ordinance:
" Page30r5
, " An employee' who has worked-for the above firrri, at least one (1) year shall be entitled to
ninety (90) days of family leave during any twenty-four (24) month·p~iod.,for medical'reasons,
, for th~ birth or:a~optio_nof a child, or fOf~e, care of a child, sP()4S~ Qf other ~Iose relative who
~ae,eeri~!.!s health ~ond~ti()n without risk of termination Qf employer retaiiation~
The foregoing requirements shall not pertain to . Contracts with the, United States or any
department or agency thet:eof, or the state of Flond~ or any political subdivision or agency
~1. thereof.. It shallf however, pertain to municipalities of this State. ' '
-t(:-VltDlSAf;lWY NON-DISCRIMINATION AFADAvrqCO!Jnty ResolulloQ ~~ . .
, That the, abOv.e names firm. corporation or organization is in compliance',V)lith the agrees to
continue to comply with· and assure that any subcontractor, or third party contractor under this
, project' complies with allapplicablereql\irements of the laws listed beloi.yincluding, but not'
limited to, ~hQSepro\lisions pertaining to., employment provisions' of program$. and services,
'transportation, c?mmunicaUons, access to, facilities, renovations; and: h~w construction in the
following raws: The. Americans With Disabilities Act of 1990 (ADA),pub. Lt(}1~336, 10'4 Stat
327042 U.S.C. 12101 .. 12213 and 47 U.S~C., Section 1612; The Fair Hous.ing A(::t as arri~nded,
42 U.S.C. Section 360'1-3631. The:foregoing requirements shall not-pertaiilto contracts \lyUh
the Uriited States, or' any department o~ agency thereof, the,~tateor any political subdivision
or agencyt.lieh~ofor:,"ai1Y m"unicipaUty()fthis State.' ' '., .
, Nil" ,'VIII: MIAMI-OADe' COUNTY, REGARDiNG OEL\Q(JENT AND CU'RREN,ii YOtiEFEE~ OR
TAXES .eSec. 208.1 ( c) of the County Code)
Except for ~mall purchase orders and· sole source contra~ts. that ~bov~ named' firm,
corporation;: organization' orin!:lMc:;Iual desifing'totransact business 'or enter a con~rclGtwiththe
County Verifie$thatall delinquetlt and c!:JrrEintlyduefe~s or taxes --rncltiding but not"limife(.i to
reill Mdp.topeft}r,' ,t9.xe.s, 'utility ,taxes, andQCpi.lpationarlic~nses -:~icharecplie¢ted i~ the
normal, course, by' the Dade county. Tax ColleCtor' as' well as" Dade, Colinty: issued pa"rkilig
tickets for vehicles registered in the name of the firm, corporatlon,organizati.onor individual
have been paid: -" , " , ~#-'X. CURRENT ORALt COUNTY CONTRActS,LOANS AND OTHER OBUGATIONS .
The individual entity ,seeking to ·transact, business with the 'COunty is .current in, ,all its
obligations to the: County and is no~ otherwi~e ,in default or any contrl1pt.,prorilissQi'y note or
other"loan-documents w~h the CoUl1ty ()rany of its, ag~ncies or instrumentalities.
. : ~ .' -'. . .. ·t!/4 X. PROJECT FRESH START(Resolution R~702 .. 98 and 35a-99)
Any firm that-has a.contracfwlth the County that results in actual payment of ~500,OO'Oor
more shall contribute'to Project Fresh Start, the County's Welfare to Work Initiative. However,
if five percent (5%) of tne firm's w9rk force cOnsists of individuals who reside In Miami-Dade
County and wh<;>have ,lost or. will loose Cash assistance benefits (formerly Aid to F~mitie$ with
, ,dependent "Children) as a result of the Personal Responsibility and yvork, Opp.ortunity
Reconciliation Act of 1"996." the firm" h1aYfequ~twaivei from 'therequitement of,R-7~098and
R-358-99 by subniittinga_wa~ req~esfaffi<1avil The foregoing requirement does not pertain
to government ~ntities, not for profitorganiiationsor recipients of grant 'awards., "
"Page40f5
#-~ ~~; ~~t~\~~VE (!i~ 1lk'-O~99-0 C~ ~1~~; Seq. 9'the
The firm'gesirin~l to' do, bU~ioess with the"County i~, in compliance' wi~ DOmestic leave
. Ordinance. Ordinance 99-5, cocfmed ~t 11A--60et.' Seq. of the IV!la~i*Oa~e COUnty Code,
which requires an, .emplOyer which has fn the regular: course of buslnessfifty (5,0) or more
,emplQyees woi-kinglnMIami-Oade,C<>unty for'each working,day quring each of,lWenty:(20) ,or
mote,' calenqar' work we~l5s, in' the 'cUrrent or' proceeding calendar yearS,. to:'provldeOOmestic .
, Vio,enceLecive to I.t~ emp(oye~.· .' ' . ,
I h<:\ve care(ully read this entire five (5) page 'document 6!1tiUed Miami:-DadeCounty Affidavits: and have
'i!'dj~t~{f:hyen "X!' all ~ffin~vits that ~rtain to hfS, contrad and have iliditateq hy an "N/A" all ,affidavits that do'
not~:'WW4~ , . DtclWfftio,QO!O,
.. .' 7 (Signa ra ofAff)<mt) , ' . '(Date) ,
, ,siiBs¢RiBED AND SW6RN'T()«k~ffirtn~ befQr~ me thiS..;..', -,"'I ..... fQ,-,4L":""" ,_: '_'-=-':"'-!-i-:':"'<i.~Y()f~rpry~
26.1:0 by ·,~:-tor,Hi Y'~;~, • H¢/Sne· is pel:Soi1aUy~own to me ori}as '---'----
'piesent¢d _' __ --'--~-......".;;;......~.....;.----:"---..,."--"'.:..-.---'--' a~idenljficat1on:
. (type .9ffdent!fi9ation) .. '
(~~~~~ ~! . (Serial'Nl(m~) .
Nl<ENGAAPAYNE
MY COMMISSION ~ DD 714025
EXPIRES: October 5 2011
B<>nclOO ThIQ NofaJy Pwinc u:m~
Notary PUblic -State of_' _F_:_: l~(j~i(_{~cb~, '_',-'-:' _--:-",.--;-__
. (State)
"
Page50f5
SWORN STATEMENT PURSUANT TO SECTION 287.133(3} (a)
FLORIDA STATUTES 'ON PUBLIC E~TITY CRIME~
, 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 ])l-\CD·, t'fio.,t'Ylt-, DMe. ~\f\~ .
. by ,0(', e.. Ph, D.G.. (lf1 eI '
(Print individual's me and title
for ,~ of .sov"\V)lv\\ o-M(
(print name of entity $ubmltfirtg sWom statemem),
, ""{hose business address is (P, ~D 3 VlSg Dv1'ie.. ( SQuth H.'I c.,.M", "fL" ;3 3 pi '3>
~f.\nd if applicable 'its Fede~aIEoJpioyedd~ritification Number (FEIN) is 2} c.,ocOLf31 tf the entity has
, not FEIN;incfudethe,SqciarSeeqrlty ,Number of the individual, signing this swomst~temen.t.
2~ I understand that a "Pl!olic :entltY qri~~" as. defined in paragraph 287. 133{1J(g). Florida Statutes,
means a, violatiQn,o(anystat~or feCleI':<jlHaw.bY,a: person with respect to all directJyrela~ed to '
" !hetr~.I'lsaGtlof1~ of .bltsi.ne.s$. with, any p~,i>ii¢erititY, 'or \I1fith ,an. agency or po.lit!GaI ,~Ubd,M$jon o,f
~ny other st<lte 'or ,with ttle 'Unijed Stat~'$i)ncluding. but not Ihnite-d toatly: bid' or .confract fot
goods or' serVices 'to~e prov,ided'tb,pUbJrc.eiitlty 'or'~gency' or, pollticalsul?clivi~lon 'of any other
state or of.theUnited'State~ ~ndinvo,lviilg antitrust; fraud, theft.;bribery, coliusiorl;racK,eteering,
• conspiracy, or ma(eliaf mislhterpretaHori. ., ' .,,' " .
3. I understand that, "CQrivicte~", or '''convIction'' as, defined fn'. Paragraph 287. 133(1)(b)., Flo.rida
Statutes, means a, fmding,of gUiit ,or a cQnvi¢ijonof a' public, enmy prime, with. or without 'an
adjudication of gUlll,in 'an f~4eral'9r,:state: tri~lcourt of record relating to charges brought by
, . indiCtment or,infqnna1i~ri,aft~r.:July :t",19&9,~~, ~'result of ajury verdiGt. non-jury tiial, ot entry of
a plea of guilty ot r'lolo·c<)ntendere. . ' . , " ,
, '4.1 understi,uid that an "Affiliate'" at:rd~fined 'in· paragraph 287 .1·33(1)(a),FJorida statutes means: "
'". I
1. A predebessor or: ~ucce$$Qr ofap~otrco~wicted of a public ~ntity crime, or' , , :,
2. ' An entity under the ,control· of anY:. natural person Who is ,active In the ,management of the
entity~'nd yvho has ,peen convi~ed of a public entity crime. The ~erm "affiliate" Inctudes
those officers '. ~irectors. executives,par'tners, shareholders~ employees, members, and
~g~nts who 'are actiVe'in.themanagemerit of an' affiliate. The 'ownership by' one ,person
'of'shcires constituting a'controlling 'irytet'e$t in another person, or \8 pooling of equipment
or 'income "among,persons,:when' not ,for fair market .vaJue under an arm~s length
agreement. shan :be a pnma,',faCie cilsethat on,e person' c6ntrors an,oth~r'pers(),n. A
person Who knowingly enters intO: ajoint venture with a person Who has been ,cOnVicted
of a public entity crime in' FJotjda during the preceding 36 months shall 'be (fonsidered an
affiliate. , .
'5. tunderstand tIl'at a "person;' ,as.defineqin Paragraph 287.,1~3(1)(e). Florida Statutes, means
any natural 'perSon ·or entitY organized, under the laws of any state' or of the United 'States within
the legal power to enter into a biru:(ing co~tract and which bids or applies to bid on contracts for
the ' " ,
. -'. . ,-
P· "''''':II!!I,:;"",,,,, ,..,f ~,,""'~ ~r: a~"'th, . "rt.i.o · farm v narenn# inc!"doc~; tht"\C'd ~ffi~rc-' aVQl"tdi\,.oc-"~rfno.re. IV¥'Y.VI, v. ~"'~'0.1&~ ",. ""'':''''''''.1''', :'1:_ .. ••• ,..,. ...... ""'........ UII' ~ ou-_ ..... "v_ ....................... _, _____ ... ' ... _vr .... -."' •• _ ..... f
. shareholders, employees. mernbers, and agentswho are active in management of an entity
6: . eased Qn informatjonandbelief.. th~ statement which I. have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies,)
. " X ,Neither the entity submitting' sworn statement, nor any of it~ officeJ'$., dire~or, executives.
; pa'rtners" sharehOlders,. employees,members. or agents who are· active in the rria~agement of Uie
entity. nor any affiliate of the entitY has been charged with and convicted of a public entity crime.
subsequent to July 1, 1989. (
Theantiiy submitting this s\~om statemc::mt; (lr nne lX more ofit~ officers, directors,
..... ex-e-cu ...... t~ive-s. partners, $harehofcjers, ·empJoyees, members, or agents who are active in the
'management oqhe entitY.orarnaffiliateof the entity, or an affiliate of the entity had' beeh~harged
. . with and convicted of a pul::\licentity crime$obsequent to July 1,1989, AND {pteas~ indicate Which
additional statement appiies. . .
The entity$ub01ittit~gthi$swom s~atement. or one or mote of its offiCers, dlrect~rsr
~xecut1ves,partners. ·~harehQtd¢~, :.'emp16y~.inemberS •. or agents'. who, are actiye. 'n the
,m~nagem~ntofJhe en~tY;nor ariy: affiliate. QUhe,entity has· been char9~d wit~·,~n~.coriyiqt9.d.ofa
,public "entity Crime subseql:Jeh~ proceeding bef~re a Hearing OffiC¢r of the state' of the, State of
Floiida; Division of AdministratIVe Hearings' and the Final Order entered by the Hearing Offiqer
.deterrnined thatitwas·:nqt:ih the,pubij¢.ioter¢st'topl~ce .the .entity sObmittinglhis, sVl/om statement·
~rdhe coi1Victe~ venqor .lis(a~f:ldra,copy¢~:th(;} finaforder)..· .. .
" ", ::~g~~~s~O~BJ~~I~r6.~~~~I~~~~p<:rJ~~~~~~;~E~~O~~~~%C:~~f~~IgG~'
ENilTY oNl.Y AND ,THAT· tHiS FORM 1$ vALID THROUGH OeCEMBER 31 OR THE
CALENDAR YEAR;INWHICHIT·IS:·FILEb~ I ALSO' UNDERSTANDTHAr I AM REQUlRgoTO INFORM TH.A.TPUSLlceNTtrip'RIORTO ENTERING INTO A CONTRACT IN. EXCESS ,OF THE
'THRESHOLO AMOUf\n'PRovIQED~ IN 'SECTION 2~7;017 FLORIDA STATUTES ,FOR' A
. CATEGORY TW()OF ANYCHANG~ INTHEINFORMA TION CONTAINED IN THIS FORM. '
4~
, Sworn tQ and ~I)b~crjbed p~fore.rritl this'---II~.lo=-~ __ ~ay 9f. ~bv-.20JL.
~ersonany known V· , ..
Or produced identification -.:..-,..._..,.-________ _
(Type of identification)
, . ~.. .' .
Notary pUl;>lic-State of Flo ( I k. i
My commission e;x~p~ir:;:;;es~~~~ .. ~
NKENGAA. PAYNE
MY COMMISSION # DD 714025
EXPIRES: Qctober 5. 201 1.
i,nded ThlU NolaI)' PubliC UndelWnlels.
t~d.typed or stamped commissioned
e of notary publiC)
\. ...
At't'llJAVIT OF'FINANCIAl AND CONFLICTS OF INTEREST
1. 00 you have any past due financial Obli~ati~s with Miami-Dade County?
SiAgle Family Housel-oans
Mutti-famiiy Housing Rehab·
~DBG ~mtrl~rciallo~n Project
U.S. HUD S~ctiqn 108 Loan
Other HUD, FUnded ,Programs
Other (lien~. fines. loans,. ,
OCcupil~Otlalliceiises,; etc.)
.fYES,please explain: '
NO
/ :z
:£
-.L.
--------..--'-----'---.,.--------------,-, .. -, ,-
2. , .Do yoo have any past due financial obligations with Miami~Dade County?
. ' YES _'_ 'N~L
lfYES, please'explain:
3. NEt you, a retative. ot or do .yo~ 11liv~ any bUsjness or financial interests: 'with any elected Miami-Oade County official.
Miami-Oade C9unty Employee, or Member of Mlamf.4Jade County's Advisory Boards?
. Y!;S _,,_,_. NO L
rf YES, please explain:
. Any falSe InfOrmation p,fO\ii~ on ~i$affidavit Will b~ reason for rejection and disqu~lification of yoVr prolect~iunding request . f? ~lami·P de County. . .... . . .
i 9 questions are correctly stated to the best of my ~nowledge and belief.
By: -:-t-~~~~' ~::7f--'---,--De<tm.W Ho. ~O lO
. (Date)
SUBSCRIBED AND SWORN TO (or affil:med) ,before. me this f VJ day Of.:}:F r 20J(L
Bro.\ b~:D(\)' R:wM'R 0 'L • He/She is personally known -to me or has presented
_____ ='"'_-=::""="'""'".:::~:---:~_----: as· identification.
'$~r:~~'~
(Signature of ~
~Wz:AA.-o. J9_~j 4~J
. (Print or Stamp of NOtary) . . . '"
Notary Public -Stamp of ~:Pc
. ' (State) .
~~y "V~ N(')tMlI<\l!t!\i~. State of Florida
~ ~.... Sheila Alexsnder , ... ,
; ; My Commission 008215626
y~ o~ Expires 09/29/201~ , orf"
(Serial Number)
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADECat,jNTY TAXES,
FEES AND PARKING TiCKETS HAVE aEi:N PAID
(Section2-S.1 (c) oftlJe Code of Miami-Dade County. as amended by Ordinance No. 00-30)
. and
~. ~. Printed Name of Firm
1o\22D ~uY\~t Dv\"e.. I Se>~ \--\io..W\·, J FL ~~P-t3,
". Address of Firm .
. SCRIBED AND SWORN TO (or affirmed) before me this I ~ 4L day of k~ '. 2ollL.
'.' . By ·.Hcotor M i {~b j k . He/She is personally known to me or has presented
~--------------------------------as identification.
. nature of Notary
Print or Stamp' Name of Notary
Notary PUblic-State of t"l()V i eLL
Microsoft WordlAffidavits 20061Revisedlmdm-O 1-04-2006
NKENGA A. PAYNE
MY COMMISSION # DO 714025
EXPIRES: October 6, 2011
Bonded Thru NOlaII' PUblic Unde .
Notary Seal
9
Serial Number
Expiration Date
FORMA-12
C.ODE OF BUSINESS ETHICS
In accOrdance with $ection2-8.1 (i) of ~he Mlami-Oade County Code, each person ot'
. entity that seeks t9 do business .with the County·shall· adopt a Code of Business Ethics
("Code") and shall, prior to execution 'of any contract, between ·the contractor ,and the
,County, submit all affidavit stating that the contractor has adopted a Code that ~omplies
with the req(jirements of Section 2~8.1 (i) of the MiamFDade Comity Co.cje. Any person
, or entity that fails, to sUQmi!" the required affidavit shall' b.e ineligible for contract award.
The Code of Bm;;iness EthiCs shall apply to all business that the contractor does With, the
, County and shall, at a minimum, require that the contractor:
• Comply with aU applicab!e governmental rules and regulations including, amQng
others, the Miami-Dade County'Conflict of Jnterest and Code of Ethics Ordinance
and the False Claims Ordinance. .
• Compfywlth all applicable rufesand regulations regarding Disadvantaged
:Business' Enterprises~ Black BUsines$ Enterpri$e8, Hispanic', Business
, .' Enterprises. 'and 'Wo.m~n, Business Enterprises (he~einaftercol1ectively Minority
,!3osiness. t.nterprises. ~MBEs"). and Community Small' Business Enterprises
(CSBEs) and :shall'sp~fically prohibit the foUowingpraCtices: .
'0 'pass~lhrough. Requirements. The COde shall, prohibit pass-thtoughs
whetebythe primeflre requires that the MaE or eSBE firm accept
payments as a'Ma'E or CSBE and pass' through those payments or a .
portion·of those payments to another entity 'inclt:lding; but not limited to the
oWllerlqpera~orQf.th~ priiTI~'film; . .'
o . RentarSpace1 Eguipmentor Flat. qvemeadi=eeHegulrements. The .Code
shan pr9hibit relltal·~pace requirements, equipment. requirements; and/or
flat.overhead fee~Je~uirement~. whereby the prime fimfrequir:¢s ~e MBE
~reS8E·fimi tQrentspa~ or eqyipment fr-om tiie prime firm or charges a
flat oVerhead fee tor theu'se of space, equipment. secretary, etc:
o Staffing Reguiretnerits. The Code shall prohibit the, prime firm from
mandating" as.a;~o.,dition to inclusion in th~ project; that a MBEorCSBE
hire;' fire, oq)romote ~rtain individuals not emp10yed by the pi"imefirm,or
u~liz~$taff.empI6yedQr previously employed by the prime'firm.
o MBE or eSBE Staff Utilization. The Code sha.U prohibit the ,prime firm
from 'requiring the MBE or eSBE fir:m to provide, more stat( than is
necessary' and then utilizing the MBE or eSBE st~ff for other work to be
performed by thepiime firm.
. -0 Fraudulently: creating, operating or representing MBE or eSSE. The Code
shall prohibit .~. prime firm including,' but. not limit~d to, the
'owners/operators "'thereof; from fraudulen~ly creating. operating or
representing: an.~IlUty as a MBl;: or esBE for purposes of qualifying for
certifiCation as a MBE. at CSBE.
• the CQde' shall also re,quire that on any contract Where MBE or CSSE
participation is purp·orted. the contract shall specify essential terms, including, but
not limited to; a. specific statemen'f regarding the percent of participation planned
for MBEs or eSBEs, the timing of payments and when the w<?r!< is to be 'perfOr:ri)ed. . .. . . :', '" . ... . : ' . . .
. .' .
• The failure of aCQntractor to cOmply willi its Code QfBusiliess Ethics sh.al! render
any cOntract between the· cOntractor and tl:le County voidable, and subject
violators 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 al/eged
violation by a contractor of its ·Co~e of Business Ethics.
By: -----r-&~/. ~--:--.. _".
7 Signature of Affiant
member I fl. 20~
Date '
. tteeJ!!r }-'\\re:.\a~~{1 r~. D" tk t-\(An.~'y .5'1-(~OPQ.'-('ll
. \ Printed Name and Title of Affiant --::J '-.:federal ~mployer Identification Number
" H~!She ispersorially known to me or has presented. . as identification.
. ..... Type ofldentification
Signat Serial Number
-.' .
Print or Stamped Nanie ?f Notary
Notary Public. State of
" NKSNGAA.PAYNE
MY COMMISSION # DO 714025
EXPIRES: October 5, 2011
Bonded Tnru NOlary Public UndelWtiters
Expiration Date
COLLUSION. AFRDAvrt
(Code of Mi<1nii~Dade County Section. 2-8.1.1 and 11)..33.1) (Ordinance· No. 08.113)
BEFORE ME, A NOrARY PUBliC. personally appeared tle-cto ( t1 ~rab;~ . who being
duly sworn states:·· (insert name of affiant)
: ' . . . .
I· am· over 18 years of age. have personal knowledge Qfthe. facts :stated in-this affidavit .
and I am an own<?r. officer, director, principal shareholderandlor I am othecWise authorized to
bind the bidder of this cdntr;;lct, .
r ~i.<:li.e ii,at ((It: bicider oi this conu:act:
'tv( is not f~afed to any of the other parties biddir:t9 in the. competitlllesoficitation. and that the o contracto~s' proposal is 9.enuine ,and not sham or coUusiveor made in .the iriter~t or on
. be~lf of a~y pen:i~n oi>t therein nam~,arid t,hafthe c6n~ct()r ~s not. directly or indirectly,
ind~ced or sollcitac:l any other propos.8f to pu(. in a sham propO~l. ·orany other person, finn;
or·<»rpo~tiOtl to refra~ fiom proposing, and ~aUhe prQPoser ha~ noqn.8nY mano¢r sOllght
.. . ·by.:coUusiortto ~e tothepropo·ser· an advant;;jge over-anY, 9ther .prQp(j~_ '. .
QR ...... .. .:. .... ,:' . .... .
[] 'ilt related to 'the 'foU¢wjng parnes: who bid in the sOlicitation whiCh :ar¢ identIfied. and ,liSted
below: . , .
J'lote~ f.oypers~n or ¢ntity that fails to.~~bmif ihisErxecu(ed.affig~v~ shali be jrj~nglble (or
(x;n~ctailv<1rd,'n .. tJ:l~ ev.ent a ,recolnmeOd~d· .C9.nvac~or: iden~fi~. re'at~ parties in .. the
tompetitivesolidfutio(i Its biq' shatl tie prestuned to he colluSive aOd the recommendedoontract9r
sf'!all be fnengible for.award, urlle~(ptes.umption:ls rebUtted l:!yptesentation o.f eviden~ as to
ttle.extei:tfofown~hjp.i oootrOf~1'ld ·~ement of~ctl.telat~(f partles 'i",:the· pre:patauori and.
j~u6.mittal. of suCh. bids' or.. prop($ats,,·'·~elat~ parties shall· tiiean ~!dderS. of~o~senkoT ·lhe
,,,prinC.:i~fs. cOrpOr~te q~; andmant:1g&s i,hereofwtlICh::Mve·.a dif~or'I~direct QWJlership
· mtef~ ill ~not!:t~ .b~der ot.pro~cM for· the' Same agre~"t or ·i&:lwll{~ a·p~$ltcol)1pany ·or
· the princip(itsthereofof.qne. (1) bidde(or pro.po~r have a direct or indirect:OWri$rship interest. in
· ·ailother~i(fderor pr<)pOOOf for the Same agreement Bids or.proposafs. found to tie ooltostve·shali · b .. -ected ..• . ' .. ' B:feJ
. • .a:~ ... D.ectMber /(0·2. I~ .
7 Sfgnature of Affiant Date
. ·Wc-~t!j.~~i~JlhRddc,i~ ~yc .[fl~~~e~~~~~~:au~te~
.. ' . . . -.
~ of .sov1l:\ tAid1Yl;~ . . . ..
SUBSCRIBED AND SWORN TO (or affirmed) before' me this J ~.f;L day of 1:e<:.. . 20iQ·
HetShe is personally known to me or has presented _____ ~,.........---,~__:_:",.__:::_----'.....;.as .
identification. ' Type of identification
Print or Stamp Name 0
Notary Public -.State of "Flori
NKENGfti .
MY COMMISSION # DO 714025 erial Number
EXPIRES: October 5, 201+---1I~~""""'"""""",;"",--
Bonded Th.u Notary PUbllo Underwriters : piration -Oate .
Nota,ySeat
.' I. _."
. ,
j
CERTIFICATION REGARDING LOBBYING
Ccr~fiCation for C{}fttr'a~ts, Gra~tg. Loans and Cooperative Agreements
The undersigned certifies. to· the best ofhi~ Qr her knowlectge and helief:that
1. No Federafappropriated funds have.been paid 9r will be paid, by or on behalf of the
undersign.~ to. any person for influencing or attempting. to influence an officer 'or
employ~e of an ageIi6y, a Member of Congress. an officer ~t emp~oyee of CongreSs,
. or an emp'oy~e of a Memb~r Qf Congr.;:ss in connection with th¢ awarding of any
Federal contract, the making of any 'Federal grant, the mak:irtg.ofany FederaIloari.
the entering into or any cooperative agreement, and the' extension, continuation,
reuewal,' amelldm~n.t) or m.odification of any Federal cont!'~!> grant, !ott.n. or
.cooperative agreement.
2. If.any of the funds. other .than Federal appropriated funds. have been paid orwiUbe
paid to 'any person for influencing or attempting toinfluenee an officer or employee
.of ~y agency •. a .Member of Congress, an offiCer.ot eQ1ploye¢ .of Congress; Of· an
employee ofa·Me1ilb~r of Congress"ineonnootiQnwiththis Federai'contta~ @.'ant, .
19atl, ot .cooperauveagreement, the. tmdersigD.~shail" ¢oinpl~e:ahd, S.lWmitStail,dard
FomtLLL,' '«Discios~e Fonn·· to Report Lobbymg~" . iti a~ordance; with-its
instructions: .
3. The und~rsign~ shalt reqiIitethat the lailgUage of'this qeriliication be included in
the award docu.m.ents. for all subawru'ds ,at all· tiets (including .stib~onttacts) ·subgnmts,
.and ~ntractsurideJ; 'grants, l~; .. and-cooperative ~greetnent ill excess of.$~ OOtOOO)
. and that all sUbrecipients shall· certifY and disclose accordingly.
4. This~ficatioi1 is a material representation of fact upon which reliance was pla~d
when this transaction was made or entered ~in.to. Submission of t.hii certification is a
prerequisite f~r inak1ng ()f' entering into ~is tranSaction it\1P9Sed' by seCtion 1352, .
title 31, tJ.s. Code. Any person who fails to file the iequiredcertification. shall be
subject to a dvilpeUalty.of not less than' $10.000 aridnot.more than $l:OO,OQO for
.each such. failUre.
By: 7 ~thO~Representative)
Print: ~~ ot ~ ~ ·M~()..m; / t\<,c=brr:~\~~\o;\e..· Ph· D.
(print ~m~ of Firm lind .(Uthorlzed RepreSentlitive) , .
Title: Q:\.'9 ~,t-X\~
D~te: D.ec £..yn~ ltp(· @O}O
Agency Name
DISCLOSURE ABOUT RELATED PARTIES
J).fCQYf\\aer \~, JD\O
Date
THERE ARE NO BOARD MEMBERS OF THE ~ of doJth MjwYl'\
(Agency Name) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY
TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A
CONFLICT WITH % of SoJ\hB\~; (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,
refmishing and recycling
(iv) clerical or other non-supervisory office work, whether temporary or permanent
(v) trarisportation 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
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
10/2
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.: _-l~UoJ.../.I-!_A:.-~ ___ _
Title: -...!.4M~tJY(~~Yf-).......!· ~~(Wf~--!...+4~f~0fia..L:· L.~" Cet.d...:m~1-eI:!.-.:...----l.,.ron~..i.lISfuL¥..V..la-chUL:Oi1:...!-.J-A.:....:::.~-=--::.....::::L
I, MiCk( M,irO\.h,k 1 Ph. 0." ' 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 aU employees assigned to this contract. The bidder or
proposer further understarids 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: ~/,~~""" _" Z2+--~_ 7Sign~~ ---,-,D£~(,-",",.em ............... bif=----,-,",ll()'-f-I ___ , 20 lo
Date
51-i--.1&~~~~~lJ_
C1ry of J1 ,,1b1j; (Arn;
Printed Name of Firm
. · AddressPofFirm
SUBSCRIBED AND SWORN TO (or affirmed) before me this I~il. day of ~Rr-,2010
by t-kcffiv l"\ i If <:vb JL . He/She is personally known to me or has presented
Affiant
as identification. ---------------------------------of Identification
ature of Notary NKENGAA PAYNE
MY COMMISSION Ii DD 714025
EXPIRES: October 5, 2011
-.... ---
Serial Number
~~~~::.~dT:hru~N:O~~P~Ub~I!O~Und~.~~'il~.IS~" ~ ____ -:fJq~~~~ ______ _ Print or Stamp Name of Nota Expiration Date
Notary Public -State of 1= ~Ov' i ~"-Notary Seal
Rev. 1/20100"
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: ----rl/Z---:/:.....::~-=--=~7'-~-------------
Title: (\b MMl4?).ef Date: l>ecev"f\be[ \lo I¢. 01 0
Firm Name: ~ of s:So~ t'\ io.M \ . Fed. 10 No: 15\ -(0000 '131
Address: (q \'>0 S\.1\~+-Di\.JQ..
City: ~ gh tv\'o-.M.', State:_n-.->--.;;;.. ____ Zip COde:_3=-:3._'!....l-\...:..:::;:3:.....-____ _
Telephone: ~ [PtQ&-c05\D Fax: ~ {Q~3-Co3YS"
12
Microsoft Word/Affidavits 2006/Revised/mdm-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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12/20/1010
Purchasing 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 shaH 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 feast 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-baU, 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
(Ordinance'97-104)
Arm Name of Prime Contractor/Developer G~ Dt &v~ Mjo...VY\·,
This form;,ora comparable lIsting meeting the requir~mentsof Ordinal'1ceNo. 97~104. MUST be ~ompleted '
by the developers on Cm.ir'ity contracts for purchase of supplieS, materials or seMc~. 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 comparal;)!e
listing meeting the,requirements of Ordinance No. 97-104. mustbecompleted and submitted even
though th~ :develop~r will not utilize subcontractors or suppUers on the, contract, The developer
should enter 'the. wc:>rd"NONE" under the appropriate heading on' this fo~n'I in those instances where
nosubcolltractOrs or suppliers will be used on the con~c't. 'ThE:} devefop~r who is ',awarded the contract
'shaUnotcMnge 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 •. exceptupo~,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.
#wr Hi 1'0\ hik, Ph, D.
Print Name , PrintTiti
j)g(evY\~ 'Co I ,QOl 0
, Oate Authoriied Representative
(Duplicate if additional space is needed)
13
Microsoft WordfAfftdavlts 2006IRevised/mdm-C1-04-2006