1THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
AMOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
October 7, 2014 Agenda Item No.: __
A Resolution authorizing the City Manager to execute FY 2014
Community Development Block Grant agreement with Miami-Dade
County Public Housing and Community Development (PHCD) for
the Murray Park Multi-Purpose Field Project in the amount of
$55,000.
The City of South Miami was awarded funding for the Murray Park
Multi-Purpose Field Project under the Community Development
Block Grant (CDBG) Program in a total amount $55,000 through
Miami-Dade County, Public Housing and Community Development
(PHCD). The grant will provide funding for the development of a
multi-purpose field at Murray Park. The Agreement requires matched
funding in the amount of $7,500 from the South Miami Community
Redevelopment Agency and $7,500 from the City of South Miami
C.LP., which is the $100,000 miscellaneous line item in Parks.
The grant period begins on October 1, 2014 and ends on September
30, 2015.
$55,000.00
Grant Contract
1 RESOLUTION NO. __ _
2
3 A Resolution authorizing the City Manager to execute FY 2014 Community
4 Development Block Grant agreement with Miami-Dade County Public
5 Housing and Community Development (PH CD) for the Murray Park Multi-
6 Purpose Field Project in the amount of $55,000.
7
8
9 WHEREAS, the Mayor and City Commission desire to accept the grant from Miami-
10 Dade County administered by and through its Department of Public Housing and Community
11 Development (PHCD); and
12
13 WHEREAS, the Agreement will provide funding for the development of a multi-purpose
14 field at Murray Park; and
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16 WHEREAS, the Agreement requires matched funding in the amount of $7,500 from the
17 SMCRA and $7,500 from the City of South Miami and;
18
19 WHEREAS, the grant period begins on October 1, 2014 and ends on September 30,
20 2015.
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22 WHEREAS, the Mayor and City Commissioners desire to have the City Manager
23 execute the grant agreement in an amount of $55,000;
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26 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
28
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30 Section 1: The City Manager is hereby authorized to execute the grant agreement with
31 Miami-Dade County Department of Public Housing and Community Development (PHCD) for
32 the Murray Park Multi-Purpose Field Project in the amount of $55,000. The grant agreement is
33 attached to this resolution.
34
35 Section 2: This resolution shall be effective immediately after the adoption hereof.
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37 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
38 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
39 not affect the validity of the remaining portions of this resolution.
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41 Section 4. Effective Date. This resolution shall become effective immediately upon
42 adoption by vote of the City Commission.
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PASSED AND ADOPTED this __ day of _____ , 2014.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
2
APPROVED:
MAYOR
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
Resolution Number #R-685~14
Duns Number 24628976
Awarded Amount $55,{)(lO
CDBG 2014
Municipality
FY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI·DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter refened to as "Agreement" or "Contract"), by and between Miami-Dade County, a
political sUbdivision of the State of Florida, hereinafter referred to as "County" and ,(;ity ol;ioutlLMI,mJJ1, hereinafter
referred to as "Awardee" and having offices at §J;l~L$JJn§Slt[2rl'{?,,$9!JIJLM1?mi,J:L,~1J:Et and telephone number of
[30tH. stales conditions and covonanls for tho rendering of Communiiy, Economic or Housing activities hereinafter
referred 10 as "Activity ()( Activities" for the County lhroufjh its Public: tlousing and Community Dcveloprnenthereinafter
,dermd to as "PHCD," and haVing its principal offices at '101 N,W, 1 Court, 141h Floor, Miami, Florida 331:36,
collectively referred to as 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 a; and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and
Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable
urban communities; and
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous
of providing such activities; and
WHEREAS, the County has approprioted i5!l,QQQ of corm funds 10 the Activity D8\{ylol1l!)8!'JLt2LMu!li
Purpose Field located at 6701,§y'y,§[: Place, MianlLf:i~._33143, All CDBG funds awarded to County Departments and
municipalties, such as Awardee, shal! be in the form of a grant conditioned upon Award!'!!) met;tlng a CDBG national
objective pursuant to the terms and conditions set forth herein, including but not limited to Section II, W(2){a)(1)-(2);
and
WHEREAS, the Awardee shall carry out the Activities defined and set forth 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:
L DEFINITIONS
PHCD
24 CFR Part 570 -CDBG
Regulations
Community Development
Corporation
local
Public HOLlsing and Community Development or its successor
Department.
Federa! 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.
Page 1
Low-and Moderate-Income
Individual or Family
Very Low Income Individual
or Family
Contract Records or
Agreement Records
Federal Award
Property
Policies and Procedures
Manual
Subcontractor or
Subconsultant
Subcontract
It 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 HUO 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 data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed, maintained, completed, received or compiled by
or at the direction of the Awardee or any subcontractor in carrying out
the duties and obligations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, 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.
The rea! property as descibed by legal deSCription in any loan
documents executed between Awardee and the County and any rea!
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.
PHCO's Policies and Procedures Manual flkla Contract Compliance
Manual may be viewed and downloaded at
http://www.miamidade.govthousingfcommunity-development.asp
Any individual or firm hired on a contractual basis by the Awardee for
the purpose of performing work or functions cited on the Action Step
Format (Attachment uA 1) of this contract.
Any contractual agreement between a Subcontractor and the Awardee.
A. The Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services," which is incorporated herein and attached hereto, in the County or the focus area(s) of
the County. Awardee acknowledges and agrees that the purpose of CDBG funds is to benefit low-
and moderate-income persons. Therefore, Awardee shall carry out the Activities in such a manner
as to satisfy a National Objective.
B. Insurance Requirements
Upon PHCD's notification, the Awardee shall furnish to the Department's Community and Housing
Management Division (CHMD), 701 NoW. 1 Court, 14th floor, Miami, Florida 33136, relevant
certificate(s) of Insurance evidencing insurance coverage as detailed in Attachment B-1 (M). The
effective coverage start date of applicable insurances shall not be !ater than the date of the
Agreement execution and shaH be approved by Miami-Dade County's Internal Services Department
prior to any reimbursement being processed. All certificates and insurance updates must identify
the names of the Awardee and the Activity being funded through this Agreement. The Awardee shall
provide Builder'S Risk Insurance andlor Flood Insurance (if applicable) upon the issuance of the
Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date.
Any changes to the required insurance policies, including coverage renewals, must be submitted to
PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
Page 2
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 shalf 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(M} of this Agreement at the time that it begins
construction on the project. If the insurance certificates are scheduled to expire during the
Agreement period, the Awardee shall be responsible for submitting new or renewed insurance
certificates to the County at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed certificates
are. received-by the. County in. the mannerprescribed.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 shaH obtain all insurance required under this Section and submit same to the County for
approval. All insurance shall be maintained throughout the term of the Agreement.
D. Indemnification
The County shaft 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 shaH 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 or Awardee (if Awardee is a municipality). Nothing herein shall be construed
to extend the County's or Awardee's liability (if Awardee is a municipality) beyond that provided in
section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the County or
Awardee (if Awardee is a municipality) to be sued by third parties in any matter arising out of this
Agreement. The provisions of this section survive the termination or expiration of this Agreement.
E. National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be
required to achieve the national objective of Benefit to Low and Moderate Income Persons or
Households (LMI). (See Attachment B-2). Awardee shall execute and deliver to the County,
simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the
County pursuant to this Agreement in the event that Awardee fails to meet the national objective. In
the event the CDBG funds subject to this Agreement are to be used for the acquisition or
improvement of real property, the Awardee shall also be required to give the County a mortgage or
other sercurity instrument to be determined at the absolute and sole discretion of the County Mayor
or Mayor's designee in order to secure the loan described in this Agreement. Title work and a title
insurance policy, if so required in the absolute and sole discretion of the County Mayor or Mayor's
designee in order to adequately secure the loan set forth herein, shall be paid for by Awardee.
Awardee understands that the County may be liable to the United States Department of Housing
and Urban Development ("HUD") fo'r repayment of the federal funds loaned to Awardee pursuant to
this Agreement in the event that HUD determines that Awardee has failed to meet the national
objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS,
PURSUANT TO THIS AGREEMENT ANDIOR THE PROMISSORY NOTE, IN THE EVENT THAT
HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The
Page 3
County shall have all rights and remedies in law and equity to seek repayment of funds loaned to'
Awardee pursuant to this Agreement.
F. Documents and Reporting Requirements
The Awardee shall submit documents to PHCD or report on relevant information to PHCD as
described below and provide any other documents in whatever form, manner, or frequency as
prescribed by PHCD. 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 IDsurance
The original to be received by PHCD within the first month of this Agreement period, and
submitted with each payment request, including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of this
agreement. Awardee shall comply with the insurance requirements set forth in Attachment
B-1 (M).
2. Progress Reports
a. The Awardee shall submit each quarter a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which
shall describe the progress made by the Awardee in achieving each of the
Activities, objectives and action steps identified herein, induding but not limited to
Attachment A and Attachment A-i.
The Awardee shall ensure that PH CD receives each report in triplicate (or as
indicated) no later than 10 days after the quarter ends.
The Awardee shall submit to PHCD a cumulative account of its activities under
this agreement by completing the fo!lowing portions of the Progress Report Form:
Section I -General Information
Section II -Financial 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, depicting the twenty percent (20%) to
be paid to the County quarterly as well as Awardee's usage of Program Income
for each contracted activity.
Section ill -Status of Contract~d 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 applicab!e) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation projects
shalt report on the progress of their activities including the number of housing units
completed and occupied by low-moderate and low income residents. The
Aw.ardee 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. Awardees engaged in job
creation'projects shan report on the progress of their activities including the names
of businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
50% and 70% Benchmark Reporting: At the time Awardee has been Raid or
otherwise received fifty percent (50%Und~Jlgventy percent (TO%') of the
Mreell1~!1t Fllnd"~,~§[\;t~.J.I1!l~Lmp_ort =J!11 the [10xt progress reDort due -am!
pUQ!IJJt documentation to show sufficiont to show that Award(1.§,IJ'?"~U!ccQ!I!PJl~heQ
50'% and 70%\~diveIYL" of_ltl~1.\s;;Jii1ities_"Q.tz§~[illi'Jjl-':lJ3rein, FQLAwardees
engaged in construction and/or housing rehabilitation projects, Awardees 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
Page 4
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. Awardces engaged In job
creation projects shall report on the progress of their activities including the names
of businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
In conjunction with the progress reports submitted, Awardee shall submit the
Performance & Benefit Data Supplement (the "Supplement") to the Quarterly
Expenditure & Progress Report. The Supplement shall be considered a part of the
progress reports due pursuant to this Agreement.
Section III ~ Contract and Subcontract Activity Report:
~~9Dlml£LflmJ.$J!tlf:.91JJI£!..c;;i_tjc1L\lJ1yJ~j)~I:! {Firsl and.Third Quarter Progress-
Report) -The Awardee shall report to PHCD the number of business activities
involving minority vendors, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in Attachment
C, and when applicable Section 3 in the same Attachment shall be completed
semiannually by the Awardee and submitted to PHCD no later than 10 days after
the first and third quarter.
Section IV -Neighborhood Employment Opportunities:
Ne!9hborhoocLJ;XDI1]gYlnenl OrW0r11!Il[!jQ:;L80P9JJ (First and Third Quarter
Progrehs Report) .. The Awardee shall repmt to PHCD the number of target and
service a,Ga residents Who have received employment opportunities from federally
financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be submitted using the
Progress Report Form attached hereto as a Section in Attachment C, as it may
be revised. This section of the form shall be completed semiannually by the
Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
The Awardee shall submit to the County, in a timely manner, any other information
deemed necessary by the County to show Awardee has performed its obligations
set forth in this Agreement and to show U.S. HUD that Awardee has met the
national objective, 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 Agreement. 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 (5) days written notice of
such action to be taken.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized to
fulfil! the terms and conditions of this Agreement, Miami-Dade County Resolution
No. 1634-93 will apply to this Agreement. This resolution requires the Awardees
to file quarterty 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.
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
Page 5
submit, in triplicate, Progress Reports, using the form attached hereto as part of'
Attachment C, on a monthly basis until such time as the Awardee complies with
the provisions contained within Section II, Paragraph FA. of this Agreement.
Copies of the above described Progress Report shall be received by PHCD no
later than the tenth (10th) day of each month and shall address the progress
undertaken by the Awardee during the previous month. This Progress Report
shall not be required if the Awardee is submitting the Progress Reports required
by Section II, Paragraph F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report) and Final Report -The Awardee shall
submit a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress 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 CDSG fiscal
year beginning on January 1 and ending on December 31 and shall be received by PHCD
no later than 10 days after the year ends. The Final Progress Report submitted by Awardee
shall include a summary of services and accomplishments Awardee performed and
achieved throughout the term of this Agreement and shall be accompanied by sufficient
documentation to show Awardee has met the CDBG National Objective. For Activities
where the National Objective is job creation, the Final Progress Report shall include
documentation sufficient to prove to U.S. HUD that Awardee met the National Objective.
Awardee shall report all Program Income earned during the year and shall pay to the
County all program Income earned unless directed expressly, in writing, to otherwise by the
County.
4. f!:tvjLQnm~E1DJ§L8~§~i,glt{ -The Awardee immediately upon locating or determining a site for
each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall
submit information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D, "Information for Environmental Review Form."
NotwithstandillgJ!1Y ... J2!Qvision .QLJtlL!'l"8.9EQQXngnJ •..... !.b;~ ....... Rf,lrlJl"J;:; ........ h§lmtQ?9.m.Si ....... ?D.fl
acknowledge that this Agreement· does not constitute ~?~QmmLtQlent of filll.J13'i""QL~J!?
m1prov~lJJitllat SU!fjl.£9mmltsmmlJlUy.f1(!§gL~mJ2LQ,!gIJmw.S1D<:.~J( .. 9.n!y. ... \!Q9.Q ... §£.!i.§f?GtPfY
cQllm!etif;tn of environmental review and receipt by th0 County oi.frJ:gjg.51se"RfJ1JG.Q§.lL12!I!
the 11.3, Dellfl!J!II9JlLQLl:!gJJ§lllilj~):1C;U,lJ:l'?iJjlJ.t(,iy.(}.IQ1m.lQ!1L..lmgQL2.1..£FR Part 58. ThQ
12§.fjlf?§.J!JJjJ)§L"i;.1.9IQQ.Jlli'11J11fU2!I!,!isit1!:L..QLillJY~J!ds to ti¥u?LQjr;ct is conditioned on thq
S:;ounty's determination 10 proceed with, modify or c;nnQgJJJl.l}J2r9jQfUl£l;?Q~;tQ!ltl]()Jes!JJj:'lQf
a subsequent environmental review.
5. Audit Report -The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any non-
compliance issues stated in the audit, and a written statement from the Auditor that the
audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-
133.
6, Personnel Policies and Administrative Procedures -The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure, property
management and procurement policies and procedures, personnel management,
accounting policies and procedures, etc. Such information shalf be submitted to PHCD
within 30 days of the execution of this Agreement.
7. Inventorv Report -The Awardee shall report annually all nonexpendable personal and real
property purchased with CDBG funds from this and previous agreements with the County
as specified in Section II. Paragraph W of this Agreement.
S. Aff![mJi.\JiY.~.h.Qtion Pial} -The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. J1L!?gJQ§'YJJ~QfBgtatect9LAffiliaJ~J;LE:.<:jrt~.§ -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)
Page 6
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 PHCD for a period of three years.
10. gepQE!!JJ9<<2r:1fin?Df,.!£lL§i§tv§,J?£mJ.mmlfy',Jif!?IJ:?IQllQJj.y,Q(\?gEl?,QIJi'lJ.J'(QPQlty -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:
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 Of-late
payment, or any other documents relevant to the disclosures required herein.
b. Any !egal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note Of 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 ali the terms and conditions of this Agreement.
Failure to comply with these reporting reqUirements shaH constitute a default and shall
entiUe 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 Of employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal Agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative Agreement, and the extension, continuation. renewal,
amendment. or modification of any federal Agreement, grant, loan. or cooperative
Agreement.
2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds
have been paid Of 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 Of 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 It, Paragraph G.1. and G.2 be
included in the award documents for all subawards at aU tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that an subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
Rules, Regulations and Licensing Requirements
Page 7
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
Florida Statutes and any and aU other (ocal, 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 PHCD's Policies anQ~J~fQggdu[g.lL_.Jy'l£[lI:!£1 found at
http://www.miamidade.gov/housing/community-developmenLasp which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be revised.
2. The Awardee agrees to abide by Chapter II-A, Code of Miami-Dade County ("County
Code"), as amended, applicabfe to non-discrimination in employment, housing and public
accommodation.
3. Awardee shall comply with, and cause all subcontracts to require compliance with, Florida
Statutes, the Miami-Dade County Code of Ordinances, and all applicable building codes,
including the Miami-Dade County Building Code and any applicable municipal building
code. Failure of Awardee or any subcontractor of Awardee to so comply with these
requirements, which includes but is not limited to engaging in construction or repairs
without proper building permits or unlicensed professionals engaging in work which
requires a license, shall cause this Agreement to be voidable by the County at the County's
absolute and sole discretion. In the event the County voids this Agreement for failure to
comply with the requirements of this section, Awardee shall forfeit any right to payment
pursuant to this Agreement, regardless of when Awardee's or the subcontractor's
noncompliance becomes known to the County.
4. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on the basis of handicap and requires a minimum number of
units to be accessible to persons with disabilities; 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, Of
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.
5. If the amount payable to the Awardee pursuant to the tenns 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 PoJiution 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.
6. Assurance of Compliance with Section 504 of the Rehabilitation Act -The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
PHCD within the tenn of this Agreement or the Affordability Period.
7. 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.
Page i!
8. AifinTl,ll.tivo jl,cilon/Non·.Qj~I~riIIli!la!iorL of E!J];2tqY!JillnL.~ElorllotiQI1......J;Jm.LJ:JQ~;'Pf~!IJJ:m!'
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 Regulatory and
Economic Resources Department. Said firms must also submit, as a part of theif
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are exempt from this
requirement and must submit, in writing. a detailed listing of their Boards of Directors,
showing the race or ethnicity of each board member, to the County's Regulatory and
Economic Resources Department. Firms claiming exemption must submit, as a part of their
proposalsibids 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.
Any bidder/respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the Board of County
Commissioners.
9. 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 or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not certified its compliance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the
Domestic Leave Ordinance may result in the contract being declared void, the contract
being terminated and/or the firm being debarred.
10. .Q.ggg 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
f::..wj:lr.Q,0SU.1!:.t2,?Sl.Qntfj£L§,gJ2t;t12J!l?t£Q[UP!i.~;L\yjJJl.Jtl(;;!"L12glJ.lrenl12!lt*iQL!i~g![\m.:.fJ?'J(t) . .Qf1b?
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 Dr 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 members 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 hoUins at (305) 579-9093.
11. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133. Florida Statutes, a
person Of affiliate who has been placed on the convicted vendor list following a conviction
for a public entity clime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of teal 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
PageS
in Section 287.017 for Category TWO ($10,000) for a period of thirty-six (36) months fron'l
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
12. .QrimJ!}QLQQr.lVi9tI9!1-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 shalf 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 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 Vendor Affidavit Form
2. Criminal Record Affidavit
3. Public Entity Crime Affidavit
4. Related-Party Discfosure Information
5. Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
6. Affirmative Action Affidavits
7. Current on all County Contracts, Loans, and Other Obligations Affidavit
8. Financial and Conflicts of Interest Affidavit
9. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in violation
at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327,
42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I,
Employment; Title H, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and ntle V,
Miscellaneous Provisions.
2. The Rehabmtation Act of 1973,29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement, the Awardee I Department agrees to
comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570,
Subpart K, including the following:
Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order
11063.
Section 109 of the Housing and Community Development Act.
Labor standards.
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub reCipients.
Page 10
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.
13. CDBG-Related Requirements
1, National Objective -Awardee must perform the Activities described herein in a
manner in which Awardee meets the national objective of benefit to low-
andmoderate-income persons. Awardee shall ensure and maintain
documentation. acceptable to the County in its sole and absolute discretion, that
conclusively demonstrates that each activity assisted in whole or in part with
CDBG funds is an activity which provides benefit to low-and moderate-income
persons, as defined in the CDBG Regulations.
2. The Awardee shall.complywith alLapplicabie provisions of 24 CFRPart570 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 (j).
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 1D4(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies concerning
the displacement of persons from their residences;
4. For each activity or portion of activity described in Attachment A hereto for which
a location has not yet been identified, the Awardee shall obtain, immediately after
a si.te is identified by the Awardee, PHCD's written environmental clearance
statement and shall agree in writing to comply with any and all requirements as
may be set forth in the Site Environmental Clearance Statement.
5. The Awardee shall cooperate with PHCD 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, PHCD, or the County.
6. The Awardee shall make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with PHCD 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, PHCD, Of 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 Planning and
Outreach Division of PH CD 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
Page 11
\
Relocation Assistance and Real Property Acquisition Act of 1970, as
amended. The Awardee shall adopt Affirmative Marketing Procedures and
requirements for CDBG assisted projects. These procedures must consist of
actions to provide information and attract eligible persons from all racial, ethnic
and gender groups to the available services. The Awardee shall annually assess
its affirmative marketing program to determine if the procedures used to comply
with the requirements specified in Public Law 88-352 and Public Law 90-284
successfully meet these requirements. The Awardee shall submit to PHCD its
Affirmative Marketing Plan no later than 60 days from the date this Agreement is
executed.
8. For Housing. Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding their compliance with the national objective, and PHCD
will have the light to monitor the activity.
9. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
10. The Awardee acknowledges that the County will perform an underwriting and
project analysis to determine the financing gap or rate of return gap, project
feasibility, and the reasonableness of costs and Awardee's or owner's equity
return. Awardee agrees to defer to the County's analysis. Awardee shall have the
opportunity to renegotiate this Agreement by modifying the Activity to improve the
Activity to the County's satisfaction or to terminate this Agreement with each party
paying its own costs and fees (as applicable).
I. Conflicts with Applicable laws
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted if modification is impossible.
However, the obligations under thi,s 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). PHCD 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 PHCD 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 PHCD for written approval all proposed Solicitation Notices, Invitations for Bids.
and Requests for Proposals prior to publication.
5. Submit to PHCD all construction plans and specifications and receive PH CD's approval
prior to implementation.
Page 12
6. Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, PHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is
determined by PHCD, in its sole discretion, to be seventy-five percent (75%) completed, At
the time that the construction work is determined by PHCD to be seventy-five percent
complete, the retainer will be reduced to 5% until the work is completed, Completion shall
occur whl'1n a Certificate of Occupancy is issued.
7. The County shall have the right to assign Professional Staff and provide Technical
Assistance from the Public 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 may result in a reduction of a maximum of 5% of the Agreement's award
to cover the cost of the technical assistance. The Awardee shall cooperate and comply with
all requests made by such staff.
8. Execute and record; at the County's request, any of the following documents-in order to
ensure the Property is used as defined and described in Attachment A of this Agreement
a. Promissory Note
b. Mortgage
c. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-i Rider
h. Title Insurance Policy
L. Audits and Records
1. Nonprofit organizations that expend $500,000 or more annually if! 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 OMB A-133, although their records
must be availab!e 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 OMB A-i33 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all
program generated income and its disposition, especially attributable to CDBG funds, an
internal control review, and a compliance review as described in OMB A-133. A copy of the
audit report in triplicate must be received by PHCD no later than six months following the
end of the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of 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 PHCD-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 aU the assistance received from this Agreement has been reported on. Each
Page 13
audit shall adhere to aU 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 PHCD 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.
7. The Awardee shall ensure that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8" The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this Agreement and defined by PHCD, each of the record-keeping
and audit requirements detailed in this Agreement. PHCD shall, in its sale 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 ali of its records, which relate directly or indirectly to
this Agreement at its place of business during regular business hours. The Awardee shall
retain all records pertaining to this Agreement and upon request make them available to the
County for four years following expiration of the 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 and must submit
the audit report to PHCD within six months after the conclusion of the audit period.
11, Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission
Auditor to aU financial and performance related records, property,' and equipment
purchased in whole or in part with government funds, The Awardee agrees to maintain an
accounting system that provides accounting records that are supported with adequate
documentation, and adequate procedures for determining the allow ability and allocability of
costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami-Dade County with a function or activity involving
the use or disclosure of "Individually Identifiable Health Information (UHI) andfor Protected Health
Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA)
of 1996 and the Miami-Dade County Privacy Standards Administrative Order. HIPAA mandates
privacy, security and electronic 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
IIHIIPHI will be held confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
Page 14
7. Making PHI available to Miami-Dade County for an accounting of disclosures; and
8. Making internal practices, books and records related to PH! 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 of
its privacy information practices induding 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 seven (7) years
following the final Close-Out of the Activity/Project (hereinafter referred to as "Retention
Period") subject to the limitations set forth below. The final Close-Out of the Activity/Project
is the date when PHCD provides written notificationo of such. Under no circumstances shall ..
Awardee dispose of any Contract Records prior to Awardee providing the County sufficient
documentation to show that the HOME Regulations were fully complied with in Awardee's
performance of its obligations under this Agreement and has received confirmation from
PHCD that the Activity/Project has been finally Closed-Out in the U.S. HUD IDIS system.
Upon Awardee's request in writing for confirmation of said final Close-Out, PHCD shall
provide Awardee in writing either confirmation of final Close-Out or a list of documentation
required in order to proceed toward final Close-Out
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
PHCD, fuily, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County fu!! access to and the right to exami.ne any of the Agreement records during the
required Retention Period. .
4. The Awardee shall notify PHCD in writing, both during the pendency of this Agreement and
after its expiration as part of the final closeout procedure. of the address where aU
Agreement records will be retained.
5. The Awardee shall obtain written approva! of PHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
O. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to PHCD, upon request, all Agreement records. These records
shaH become the property of PHCD without restriction, reservation. or limitation of their
use. PHCD shaH 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 PHCD immediately upon such issuance unless such
disclosure is a violation of the rules or policies of the regulatory agencies issuing the
reports.
3. Proprietary Information
As a political subdivision of the State of Florida, Miami-Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or cOntain information or materials which the County has agreed to protect as
Page 15
proprietary information from disdosure or unauthorized use and may also constitute or
contain information Of 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 aU materials, data. documentation and copies thereof furnished
by the County to the Awardee hereunder or furnished by the Awardee to the County
and/or 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 onfy
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 aU proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its
subcontractors and suppliers grant. jf the County so desires. a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose and/or permit any other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the
County or entities contrOlling. controlled by, under common control with, or affiliated
with the County, or organizations which may hereafter be formed by 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
Page 16
any person or entity outside the County for such person's or entity's use in furnishing
any and/or all of the Defiverables 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
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; (1)
concessions and other rental agreements; (g) insurance contracts; (h) revenue-generating contracts;
(I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j)
professional service agreements under $1,000; (k) management agreements; (I) smail purchase
orders as defined in Miami-Dade County Administrative Order 3-2; (m) federal, state and loca!
government-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the
MiQml:pade County 89.Qrd of County C~mmi~§iQn§!X§.rrE1Y-.?J1UJQfiZ;1iLJh@wjnyJWi!jQIL.QLtD!'Lf0f';
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
Genera! 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 aU requested records and documents available to
the Inspector Genera! or IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Awardee's possession, custody
or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the
Agreement, including, but not limited to original estimate files, worksheets, proposals and
Agreements from and with successful and unsuccessful subcontractors and suppliers, all project-
related correspondence, memoranda, instructions, financial documents, construction documents,
proposal and Agreement documents, back-charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records, and supporting documentation for the aforesaid documents and records.
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
Page 17
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.
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to aU
financial and performance related records, property, and equipment purchased in whole or in part
with govemment funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from PHCD 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 PHCD at feast thirty (30) days prior to the start date of
the agreement. PHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
PHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of ail 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 persona!, and nonexpendable personal property as
defined in Section II, Paragraph W.1. of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget.
7. The disposition of Program income not specifically listed in the approved Program Income
budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II, Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this
Agreement.
10. In the event the Awardee wishes to SUbstitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all
Agreement records, facilities, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or
provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD will
determine, in its sole and absolute discretion, whether or not the Awardee's justification is
acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by PHCD in
its report.
S. Conflict of Interest
Page is
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 presentry
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
I rite rest 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
PHCD immediately upon the Awardee's discovery of such possible conflict. PHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to PHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board
members, and list of all business associations with the 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 PHCD for a period ofthree years .
. a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collUSion, fraud or conflict of interest No elected or
appointed officer or official, director, employee, agent or other consultant of the County,
or of the State of Florida (including elected and appointed members of the legislative
and executive branches of government), or a member of the immediate family or
household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
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.
Page is
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
shaH 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
U. Publicity, Advertisements and Sign age
The Parties agree that the Awardee is funded by the County for CDSG Activities. Further, the
Awardee agrees that all events funded by this Agreement shaH recognize the County and the United
States Department of Housing and Urban Development (US HUD), as funding sources and that the
Awardee shaH 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, fIyers, brochures,
news releases, media packages, promotions, and stationery. The use of the official County logo is
permissible. The Awardee shall ensure that all media representatives, when inquiring about the
activities funded by this Agreement. are informed that the County and US HUD are the funding
sources. The Awardee shall notify the County of all events and activities involving the Project ten
(10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department,
must be notified in order to request the project sign from Miami-Dade County Internal Services
Department. Within thirty (30) days of the erection of the sign, the CHMD Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATIACHMENT 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 PHCD 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. HOlu
(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
Page 20
3, shall, to the greatest extent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUO assistance for housing.
2. The parties to this Agreement agree to comply with HUO'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 froin 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
plates 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, shaff set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall begin.
4. The Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training positions,
that are filled (1) after the Awardee is selected but before the Agreement is executed, and
(2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the Awardee's
obligations under 24 CFR part 135.
6. 'Noncompliance with HUO'l> regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUO
assisted contracts.
T. 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 feasil,:Jle, 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 bids/proposals in a practical, expedient way;
c} provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a statement
of their subcontracting policies and procedures (see Attachment G). The County will not execute this
Agreement with Awardees who faB to provide a statement of the Subcontractors Policies and
Procedures.
Page 21
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.
c. Personal Property: Persona! property of any kind except real property.
1) Tangible: AU personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights.
d. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $1,000 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, facility or another piece of equipment.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shail comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or PHCD in whole or in part with CDSG funds received from PHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five (5)
years after the expiration or termination of this Agreement, or for such
longer period of time as determined by PHCD in its sale 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 PHCD, the Awardee shall, in the
sole discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD in its sole
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
b. Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from PHCD for $25,000 or less shall be
disposed of, at the expiration Of termination of this Agreement, in accordance with
instructions from PHCD.
c. AI! rea! property purchased or improved in whole or in part with funds from this
and previous Agreements with PHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from PHCD, 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
Page 22
acquired and identify the CDBG national objective that will be met. If the property
was improved, the records shall describe the programmatic purpose for which the
improvements were made and identify the CDBG national objective that will be
met.
d. For awards involving the purchase or improvement of real property, the Awardee
agrees to execute a mortgage, loan document, or restrictive covenant for the
CDBG award with PHCD within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of the CDBG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shaH be submitted to PHCD. This report shall include the elements listed in
Paragraph W.2.c., above.
Nothing in this section shan be construed to limit the County's right to collect from Awardee
the· entire· amount of CDBG funds awarded pursuant to this Agreement in the event
Awardee faits to meet a national objective.
3. Inventory -Capital Equipment and Real Property
An capital items acquired for the project by the Awardee with funds aJlocated 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 aHocaled 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 an'y 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 capita! equipment. Awardee shall deliver to the County all documents of
title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with the nonexpendable personal property requrrements as
stated below:
a. AI! nonexpendable persona! property purchased or improved in whole or in part
with funds from 1his and previous Agreements with PHCD shall be listed in the
property records of the Awardee and shalt 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 whore or in part
with funds from this and previous Agreements with PHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to PHCD. The
inventory report shall include the elements listed in Paragraph W.3.a., above.
c. Titre (ownership) to aU 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 PHCD.
5. The Awardee shall obtain prior written approval from PHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property purchased
or improved in whole or in part with funds given to the Awardee or subcontractor pursuant
to the terms of this Agreement. The Awardee shall dispose of all such property in
Page 23
accordance with instructions from PHCD. Those instructions may require the return of all'
such property to PHCD.
X. Program Income
1. Program Income as defined in 24 CFR Part 570.500 means gross income received by the
Awarde,e 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.
a. The Awardee shall comply with the Program Income provisions in PHCD's
e.Q[ici~~ ... l!DfLE[Q9_eJ,IYIes,M.?11lli!!, If any Program Income provisions of the
P9H9If?s!:l.O~LPIQg~clU[E2S.M?lJy.?J conflict with any Program Income provisions of
this Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to PHCD aU cumulative Program Income generated from
activities financed in whole or in part by funds from this Agreement, for as long as
it receives and/or has control over Program Income generated from this and any
previous Agreements with PHCD. The Awarded must submit the information for
the generated Program Income to PH,CD 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 expressly permit Awardee to use Program Income in the Scope
of Services. If such permission is n9t expressly set forth in the Scope of Services,
then Awardee must request permission from the County to use Program Income
for eligible activities. The County may in its sole discretion grant such permission,
but such permission may require the approval of the Board of County
Commissioners.
c. If the Awardee requests to use Program Income, the Awardee shall provide to
PHCD a written explanation of the activities to be assisted with Program Income
and shall obtain PHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Should Awardee be granted permission to use Program Income, Awardee's use of
Program Income shall be subject to the limitations set forth in this Agreement and
as set forth in the COBG regulations, 24 CFR Part 570 et.seq. Awardee
acknowledges that the CDSG Regulations require that Awardee spend Program
Income before further COSG funds are drawn down. Therefore, in the event that
the County permits Awardee to use Program Income, Awardee agrees that
Awardee shall expend the Program Income funds prior to seeking payment of
COBG funds from the County. Twenty percent (20%) of the Program Income
Awardee makes, retains Qr receives shall be paid to the County on a quarterty
basis and reported in Awardee's qua'rterty Progress Report. At the conclusion of
the contract period or upon tennination of this Contract, Awardee shall
immediately pay/return all Contract funds and Program Income to the County.
e. Should Awardee be granted permiSSion to use Program Income from a revolving
loan activity, Program Income must be used only for the same revolving loan
activity.
f. Should Awardee be granted permission to use Program Income, Program Income
from a revolving loan activity, such as loan repayments, interest earned, late fees,
and investment income, shall be substantially disbursed to eligible loans, loan-
related programmatic costs, and operational costs for the same revolving loan
activity before the Awardee may request additional CDBG funds for that activity_
g. Should Awardee be granted permission to use Program Income, all Program
Income from activities other than a revolving loan activity shall be substantially
disbursed to carry out other PHCD-approved CDBG eligible activities, and to
cover operational costs before requesting additional CDBG funds.
Page 24
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 Income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shan transfer to the County any Program Income funds on hand, and any
Program Income accounts receivable to any CDBG funded activities. PH CD may require
remittance of all or part of any Program Income balances (including investments thereof).
4. PHCO, 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.
The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall
conform to the requirements of PHCD's Policies and Procedures M!'l[!YJ1!.
Z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
the prior consent of the County may result in termination of the Agreement for breach.
When Subcontracting is allowed, the Awardee shall comply with County Resolution No.
1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that aU 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 Ust System to confirm clearance of
contractors. The system may be accessed at https:llwww.sam.gov/ Awardee
shall provide to PHCD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami-Dade County's debarred
Contractor's List; Awardee shall, at a minimum, check at
http://www.miamidade.9Q-yl!!.Hsiness/smi.!!!.business.asp to determine if a
porson or entity is on Miami·Dade Counly's debarred contrador's list. Awardee
shall provide PHCD with a printout copy of the site page that indicates the name
and the date it was checked.
b. Comply with all COBG requirements, as applicable, as well as the regulations
specified in PHCO's Policies and Procedures Manual.
c. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
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 PHCO 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
PHCD, set forth in this Agreement. PHCD shall in its sale 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
Page 25
Directors and a copy of which submitted to PHCD. In such circumstances that'
open. competitive bids are not feasible or that a minimum of three bids are
unobtainable, permission to use other methods of award must be requested in
writing and approved by PHCD prior to the assignment or award of subcontract.
The Awardee agrees that no assignment or sub-contract will be made or let in
connection with the Agreement without the prior written approval of PHCD, which
approval shall not be unreasonably withheld, and that all such sub-contractors or
assignees shall be governed by the terms and intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shaH retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in aU consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withholdings, retirement or leave benefits, for the ConSUltant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in 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. Regardless of any approvals by PHCD of
subcontracts or subcontractors, the Awardee shall bear all risks associated with
subcontracting performance of the Activities to a subcontractor.
4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging
any party who agrees to carry out any substantive programmatic activities as may be
determined by PHCD as described in this Agreement. PHCD's approval shall be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD 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 PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD 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 PHCD (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 PHCD.
9. The Awardee shalf not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Additional Funding
The Awardee shall notify PHCD of any additional funding. received for any activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the
Awardee's notification by the funding source.
Page 26
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 PHCO adequate proof, as determined by PHCD
in its so(e and absolute discretion, that the Awardee has incurred the expenditures. It shall
be presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to PHCD canceled checks or original invoices approved by the
Awardee's authorized representative which show performance of the Activities described in
Attachment A and conformance with the laws, rules and regulations set forth in this
Agreement. When original documents cannot be presented, the Awardee must adequately
justify their absence in writing and furnish copies of those documents to PHCO. The
Awardee shat! be paid only for those expenditures contained within Attachment B,
"Budget," to this Agreement as it may be revised with the prior written approval by PHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to PHCD no less frequently than monthly. Expenditures incurred by the Awardee
must be SUbmitted to PHCD, along with all original invoices, copies of front and back of
cancelled checks paid to aU subcontractors and suppliers, all release of liens from alii
subcontractors and 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. In no event shall the County be obligated to pay any invoices for
expenses which were incurred more than 60 days prior to the date the request for payment
is submitted to PHCD.
3. In no event shall the County provide advance CDBG funding to the Awardee or to any
subcontractor hereunder, nor shall the Awardee advance COSG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms 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 cornpletedlevel 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 PHCD and the Internal Services
Department. PHCD must receive the final request for payment from the Awardee no more
than thirty (30) calendar days after the expiration or termination of this Agreement. If the
Awardee fails to comply with this reqUirement, the Awardee will forfeit all rights to
payment(s) if PHCD, in its sale discretion, so chooses.
7, All monies paid to the Awardee which have not been used to retire outstanding obligations
of this Agreement must be refunded to PHCD in accordance with PHCD's Policies and
EJ:Q£edures Manual.
8. Any unexpended funds remaining after the completion of the services under this
Agreement, or after termination of this Agreement, shaH be recaptured in fun 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. "Controliing 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
Page 27
The Awardee shalf return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement; including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
qisaHowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property, such reserves shall
not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, including but not
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by the County to effectuate the reversion of assets.
DO. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event 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.
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 $55,000.
IV. THE AWARDEE AND PHCD AGREE:
A. Effective Date
1, This Agreement shall begin on October 1, 2014. Any costs incurred by the Awardee prior
to this date will not be reimbursed by the County.
2. This Agreement shall expire on September 30,2015. 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 addiional time period during
which the Awardee remains in control of the CDBG funds or other assests, including
Program Income to support CDSG eligible activites. Any extension made pursuant to this
paragraph shall be accomplished by a writing by the County to the Awardee. Such notice
shall automatiCally become a part of this Agreement.
3, This Agreement may, at the sale and absolute discretion of the County and PHCD, remain
in effect during any period that the Awardee has control over Agreement funds, including
Program Income. However, the County shall have no obligation or responsibility to make
any payment, except those described within Section II, Paragraph Y, or provide any type of
assistance or support to the Awardee if this Agreement has expired or been terminated,
4. Management Evaluation and Performance Review
The Department may conduct a forma! 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
Page 26
B.
1.
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.
b.
c.
d.
e.
g.
h.
1.
j.
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, including but not
limited to failure to meet the Nl1tional Objective, as determined by the County and
U.S. HUD.
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.
Filing of a !is pendens. foreclosure action, or other lega! action against the
Property. any property of fi.wardee or Related or Affiliated Party, or against
Awardee or Refated 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.
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 Awardee
or Related or Affiliated Party, including properties not related to this Agreement
Any legal encumbrance on the Property not permitted in writing by the County.
Any anticipated or pending bankruptcy. restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
Any action, activity, facts, or circumstances that the County determines in its sole
discretion would materially impair performance by Awardee of all the terms and
conditions of this Agreement.
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 cciditions .of this Agreement.
Failure tb comply strictly with Section W(2)(a)(1 )-(2) of this Agreement
Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set fortJ:l iii this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
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 its own direct and indirect costs associated with such suspension,
including attorney's fees. Reasonable cause shall be determined by PHCD, in its sole and
absolute discretion, and may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of its
subcontractors;
Page 29
b. Failure by the Awardee to materially comply with any term or provision of this
Agreement;
c. Falfure 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.
e. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or 10 submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
2. In the event of a default by the Awardee, PH CD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or bath. These actions may apply to only
part or af! of the activities funded by this Agreement.
2. PHCD 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 PHCD upon no less than ten
(10) working days notice when PHCD determines that it would be in the best interest of
PHCD 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 alfocated to the Awardee under this Agreement; and/or (c) terminate or cancel any
other Agreements entered into between the County and the Awardee. The Awardee shall
be responsible for its own direct and indirect costs associated with such termination,
including attorney's fees.
2. Termination for Convenience
PHCD 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 tennination conditions.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. I.)pon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
In the event of a funding short-fall. or a reduction in federal appropriations. or should funds
to finance this Agreement become unavailable, PHCD may terminate this Agreement upon
no less than twenty-four (24) hours written notification to the Awardee. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
PHCD shall be the final authority to determine whether or not funds are available. PHCD
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 Awarqee may, at its discretion, request in
writing from the Director of PHCD a release from its contractual obligations to the County.
Page 30
The Director of PHCD win review the effect of the request on the community and the
County prior to making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or in part. when PHCD determines, in its
sole and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is not materially complying with any term
or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of
this Agreement;
7. Termination for Bankruptcy
The County reserves the right to 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 jf a trustee or receiver is appointed over al! or a substantial
portion of the property of the Awardee under federal bankruptcy law or any state insolvency
law.
8. Genera! 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, Of in person
. with proof qf 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
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 aU 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 Of cancel any other Agreements which such individual or other
subcontracted entity has with the County. Such individual or entity shall be responsible for
its own 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
Page 31
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. 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
b. such other direct damages.
2. The Awardee shaH 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 its own 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.
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.
"Reasonaple, allowable costs" are those costs which are necessary in order to perform Awardee's
obligations under this Agreement and specifically exclude expenses incurred prior to the execution
date of this Agreement, personal expenses, travel expenses, expenses related to additional phases
of the Project not specifically and expressly incorporated into this Agreement. PHCD shall be the
sole judge of "reasonable, allowable costs." AI! compensation pursuant to this Article is subject to an
audit at the County's discretion. Awardee shaH not receive payment for lost future revenues, lost
developer fees or lost profits,
E-1. Limitation of Liabllity and Limitation of Remedies
Awardee acknowledges that the County is providing substantial funds to Awardee at low or no cost
to Awardee, and that these CpBG funds are for the purpose of providing a benefit to the community
health and welfare.
Therefore, notwithstanding any other provision herein, the Parties agree to the following limitations
on liabilities for any and aU claims of any kind arising from or in connection with pertormance or
breach of this Agreement, which limitations shall apply equaUy to both Parties:
1. 80th Parties' cumulative liability for damages, if any, is limited to the amount of the CDBG
funds set forth in Section III, above.
2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost
developer fees.
3. Each party shall bear its own attorney's fees and costs.
4. Neither party shall be liable for costs incurred by the other party prior to the execution of
this Agreement.
F. Renegotiation, Modification and Right to Waive
Page 32
1. Modifications of provisions of this Agreement shall be valid only when in writing and signed
by duly authorized representatives of each party, which for the County is the County Mayor
Of Mayor's designee. The parties agree to renegotiate this Agreement if PHCO determines,
in its sole and absolute discretion, that federal, state, and/or County revisions of any
applicable laws or regulations, or increases or decreases in budget allocations make
changes in this Agreement necessary. PHCD sha.!! 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 appHcable laws or regulations, or increases in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement beyond the
current Agreement period and will notify .the Awardee in writing of the extension. This
Agreement may be extended beyond the initial extension period upon mutual agreement
between the County and the Awardee, upon approval by the County Mayor or Mayor's
designee.
3. The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver
requests.from the. Awardee shall bejo writing. No waiver sball be valid unless in writing
and signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to
be a modification of this Agreement.
4. The County's failure to exercise any of its rignts under this Agreement, or the County'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 the County in the exercise of any
right shall operate as a waiver.
G. Budget Revisions and Changes to the COSG Eligibility Activity Title
1. ReviSions to the Budget (Attachment B) shaH be requested in writing and must comply.
with PHCO's Policies and Procedures Manual. All budget revisions shall require an
amendment of this Agreement, which the County shall have no obligation to execute. The
County shall not be obligated to make payments for 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 allocati6n to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by PHCO no later than five (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, The County will revise the budget at its discretion. The County in
its sole and absolute discretion will determine whether substantial reductions will
necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to
the Scope of Services, when required, will be negotiated to the mutual satisfaction of both
parties.
3. Revisions to the COSO eligibility activity titles under which this Agreement's objectives are
classified as noted in the Scope of Services (Attachment A) shall not require a Agreement
amendment.
H, Compljance
Tbe County shall have the right to inspect, monitor, and inquire of Awardee , at the sole and
absolute discretion of the County, remain in effect during al')y period that the Awardee is obligated to
complete a National Objective or has control over Agreement funds, including Program Income, in
order to ensurecompHance with the COBO Regulations. 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 fuHy set forth herein.
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.
Page 33
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
I. Disputes
In the event an unresolved dispute exists between the Awardee and PHCD, PH CD shall refer the
questions, including the views of all interested parties and the recommendation of PHCD, to the
County Mayor for determination. The County Mayor, or an authorized representative, will issue a
determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in
the event additional time is necessary, PH CD will notify the Awardee within the thirty (30) day
period that additional time is necessary. The Awardee agrees that it shall not seek legal redress for
breach or enforcement of this Agreement untH thirty (30) days from the County Mayors issuing
hislher determination.
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 Mayor 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. Any dispute
ariSing under, in connection with or related to this Agreement or related to any matter which is the
subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal
courts located in Miami-Dade County, Florida.
M, Notice and Contact
AI! notices between the Parties shaH be in writing and sent by registered or certified mail and
addressed as foHows:
TO AWARDEE:
COpy TO:
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attn: Steven Alexander, City Manager
Page 34
TO COUNTY:
COPY TO;
COPY TO;
COPY TO:
Miami-Dade County
111 N. W. 1st Street
Miami, Florida 33128
Attn: Russell Benford, Deputy Mayor
Public Housing and Community Development
701 NW 1st Court, 14th Floor
Miami, FL 33136
Attn: Clarence Brown, Division Director
Public Housing and Community Development
701 NW 1st Court, 14th Floor .
Miami, FL 33136
Attn: Letitia Goodson, PHCD Project Manager
Assistant County Attorney
.. J::'ounty Attorney's Office .
111 N. W. ist 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 th~ information required by the provisions of this Article is changed by either
of the Parties after the €$xecu!ion 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 JURY TRIAL
NEITHER THE AWARDEE. SUBCONTRACTOR, NOR ANY OTHER PERSON LIABLE FOR THE
RESPONSIBILITIES, OBl-lGATIONS, 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
This agreement is intended for the sale and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
Page 35
The parties acknowledge that many of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient
evidence of COSG Regulation compliance for the duration of the period in which Awardee is
obligated to meet a Nationa! Objective or has control over COBG funds as well as the County's right
to inspect and monitor the Project and Awardee for complaince with the HOME Regulations, wi!!
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 aU 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 shaH 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 relationship of its employees to the
County shall be that of an independent contractor and not as employees, servants or agents of the
County.
The Awardee does not have the power or authority to bind the County in any promise, Agreement or
representation other than specifically provided for in this Agreement.
S. All Terms and Conditions Included
This Agreement and its attachments as referenced (Attachment A -Scope of Services; Attachment
Ai -Action Steps; Attachment B -Budget; Attachment B-1(M) !demnification and Insurance
Requirements; Attachment B-2 -COBG Program Requirements (Housing Only); Attachment C -
Progress Report,Set-Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure &
Progress Report; 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) or Underwriting analysis determine 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 and the amount of COBG funds described in
this Agreement shall be subsequently reduced. "Gapff financing means the difference between the
amount of financing available for the Project from other sources and the total project cost. In the
event Awardee applies for and is awarded by the Board of County Commissioners ("BCC")
additional funding for the same Project, as described in this Agreement, a separate Agreement or
amendment to this Agreement must be negotiated and executed between Awardee and the County
Mayor or Mayor's designee. Any differences between the terms and conditions set forth in this
Agreement and the subsequent funding award shall require a negotiation between the Parties in
order to resolve those differences. Awardee understands and acknowledges that changes to the
Project or Activities described in this Agreement may not be accomplished by applying for and being
awarded subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the
BCC funding for an additional phase of the same Project, a separate agreement must be negotiated
and executed between the Parties. Under no circumstances shall Awardee assert that a
Page 36
subsequent application for and award of funds for the same project constitutes and amendment of
this Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a
subsequent application for and award of funds for the same Project where such subsequent
application by Awardee includes terms which conflict with the terms of this Agreement.
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.
V. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation
hereof. ~Accordingly, .·the. respective obligations of the Awardee and the County.underthis
Agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
W, Corporate Governance
A Not-for-Profit Awardee shall abide by and be govemed by Chapler 617, Florida Statutes,
particularly Sections 617.0830 through 617,0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fu!ly set forth herein in connection with its contractual obligations hereunder.
Page 37
IN WITNESS THEREOF. the parties hereto have caused this Thirty-Eight (38) page contract to be executed by their
undersigned officials as duly authorized, this __ day of 2014.
AWARDEE: M!AMI~DADE COUNTY
City of South Miami
BY; BY:
NAME: NAME: Carlos A. Gimenez
TITLE: Mayor
TITLE:
DATE: DATE:
BY: ATTEST
BY:
NAME:
TITLE: Clerk, Board of County Commissioners
TITLE:
DATE: DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal 10 Number: 59-6000431
Resolution #: R-685-14
Awardee's Fiscal Year Ending Date:
CORPORATE SEAL:
AGREEMENT IS NOTVAUD UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 38
PUBLIC HOUSING AND COMMUNITY DI£VELOPMENT
FY 2014 Scope of Services
October 1,2014 through September 302015
Agency Name: City of South Miam.i
1. -ACTlVHYTlTLE:
mIS#:
RESOLUTION #:
DUNS#:
2. -ACTIVITY DESCRIPTION:
2a-Activity Category:
2b. -Objective:
2c .... Outcome;
3. -APPROVED BY BCC:
Other Funding Source and Amount:
4. -FY 2014 FUNDING RIIQUESTED:
5. -HUD INFORMATION;
5a. -HUD matrix code:
50. -HUD Activity Type:
5c. -HOD National Citation
6. -ACCOMPLISHMENTS:
6a. .... Number of Units:
6b.-Type:
7. -NA"fIONAL OBJECTIVE:
Total #-ofLowfMod in Service Area:
Census Tract:
Block Group:
8. -ACTIVITY ADDRESS:
9. -LOCA1'ION:
NRSA (Activity located in):
District (Activity located in):
HI. -LABOR Sl'ANDARD applicable
Type of Work:
o Building 0 Residential
1(,2,3,4)
ll.
U.
Set aside units different from total units
INSURANCE REQUIREMENTS:
Projed Manager: Letitia Goodson
o Highway o Heavy
Cit<; of SOuth Miami
Mu,ru P8rK M;JIHHP:Jn:',,')Se Fh~ld
CDBG2014
Pil;9<.! 1 vi 3
ACTION STEPS
r-______________________________ -=O::ct,ober'1,.:;2::.01:;;4~T~H::.R:::U:.:S::""'r:;l • .:;ffi:;M:::r~'::O::., 2:::0:.:1::S _______ ~~ ________________ ,
I
AGEK.CY NAME, """"
;~CTl\'TTY:
; r:"UNDfNG SOURCE:
I:"MOUN,:
OTHER fUNDlNG: South Mi:ami eRA
t Cit\:'cf So!~lh MEflmi
trot/i. PROJECT COST:
ACCOMPUSHMENT UNITS:
r-'f';::>E
Page :2::>r:;.
City <.>f So;,th Miami
~'O'krra'i P;:;'(r( M\,Jl~l~h.H'Pose Fi-eld
CDBG 2014
$55.!JDQ .OC
t,7,S;JC,QO
$7.500 no
S7u.CCQ,{)O
1
,~Ullchmf!rU .4-1
.;
ii'
:'1
i
I:,
I'
ll_' ______ !
.-~
;A';;;:;:~CY r.lAME:
L.\CTVfT'{
I
fUND!NG SOURCE:
"-------------'-------------'-'"AciioN',.S::cT=E"'Pc::Sc---------"
October i. 2014 THR\J S~~w:!mt<(-r ~v. 2015
City vf Bodh Miami
Mum:ly ParJ<. MlJm~PUrpCSE Field
CDBG2014
OF
Rt9dlE2-?.3.th'lQ.VB9.£
·F~
"uuuumu~
iCanslniotioo dc,,. (>ul in lOiS 1011/2015 1 121311'201'5
10 '5 IS
I !'
P'lg.o.:,3 G/ j.
;!:.u&;;.nrne<'.t A·1
CUMUlATIVE
-,
"""""1',------rc---~,~i
City of South Miami
PUBLIC WORKS &. ENGINEERING DEPARTMENT
4795 SW 75th Avenue
Miami, Fl33155
Tel. (305) 663-6350 Fax (305) 668-7208
Murray Park Multi-Purpose Field
Activity Timeline
FY 20 IS, Quarter I
October I. 2014 -December 3 I, 2014
Request for Proposal to solicit bids for turf renovation program
Staff collaboration to prepare RFP
Staff recommendation to Commission
Commission Approval
PH CD Approval
FY 2015, Quarter 2
January I, 2015 -March 30, 2015
Prepare turf renovation program (contractor -staff liaison)
South Miami
b1!td
'~fP
2001
Completion of design plans based on field measurements and safety hazards mitigation
Contractor to obtain proper materials
Conduct pre-operational and safety check on tools, equipment and machinery
Calibrate and adjust tools and equipment
FY 2015, Quarter 3
April!, 2015 -June 30, 2015
Implement the turf renovation program (contractor -staff liaison)
Keep a dean and safe work area throughout renovation period
Dispose of waste materia!
Review quality of work and correct deviations if necessary
FY 2015, Quarter 4
July I, 2015 -September 30, 2015
Finalize Project
Submit final reimbursement and dose-out grant
CATEGORiES
I. Personnel
II. Contractual Services
HI. Operating Services
!V. Capital Outlay
TOTAL BUDGET
SOURCES OF OTHER FUNDING
SMCRA
City of South Miami
CITV OF SOUTH MIAMI
Murray Park Multi-Purpose Field
CDBG FY 2014
Summary Budget
ATTACHMENT B
October 1, 2014 -September 30,2015
PR!ORYEAR FY 2014
FUNDING FUNDING NON-PHCD FUNDING TOTAL
$ $ $ $
$ $ $ $
$ $ $ $
$ $ 55,000.00 $ 15,000.00 $ 70,000.00
$ $ 55,000.00 $ 15,000.00 $ 10,000.00
TOTAL AMOUNT
7,500.00
$ 7,500.00
I-__ .~_~c::o:.::n:.::tr-"actual Services
CITY OF SOUTH MIAMI
CDBG FY2014
Murray Park Multi-Purpose Field
DETAIL BUDGET
October 1, 2014 thru September 30, 2015
ATTACHMENTS
21011 Externa! Audit _._.m.~ _____ ...... ,----''-+-r:------m--+...c;--------t-';-------+-';--,-'''' ...... -..... -i...c;---"",,'--"""------1
21012 Environmental Audit
21030 O!.her profe~!onal" SVC S<:>n.?t Mgnlt
Total Contractual
r---"----·---~ ... "--"---~·-"-~w-
Commodities
31510 _ql:!~side Printing" __ ,, ____ .... ,, ____ ,j ___ +: ____ .,_,,. +-;-_, ___ . __ 1_-;--_______ ",1: .. _,., _______ "' __ +,;_'''''''" .. ,,''''''-'''',--"."""--".",, I
9:>010 Computer Purchase
47010 Office SlIppHesL2!J.tslde v~~ii>,~~=-_
Total COmmodl_tl"es'---__
INDEMNIFICATION
B-l(l\1) Municipality Non-Construction
Government entity shall indenmify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and al11iability, 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 Government
entity or its employees, agents, servants, partners principals or subcontractors. Government entity
shaH pay all claims and losses in connection therewith and shaH investigate and defend aU claims,
suits or actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shaH pay aU costs, judgments, and attorney's fees which may issue
thereon. Government entity expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by Government entity shaH 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.
Public Housing and Community Development
Attach ment B-2
Community Development Block Grant (CDBG) Program
Not Applicable
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
fY20
Recipient Name (Organization): "'"''.''' .. ''''''' ........ ......"....~..._.
Contact Person (Name & Title):
Activity Name (Project Title): . __ _
Activity Address: ..... _._~_ ......... ___ .... .
Activity Description: .. ........_ .. __..... ...
ATTACHMENT C
IDIS#: Index Code: Funding Source: ___ .w .. Funded Amount: w§ ____ .. "._ ... ''
Activity category:
o Administration 0 Capital Improvement 0 Economic Deve!opment 0 Historic Preservation 0 Public Service
o Housing 0 Homebuyer Assistance 0 Tenant-Based Rental Assistance (TBRA) 0 Homeless Housing
Obiective: 0 Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportunities
Outcome: 0 Availability/Accessibility 0 Affordability 0 SustainabHity
Category
At the time the Awardees has been paid or otherWise received fifty percent (50%} and seventy
the Awardees reporting these expenditures must submit documentation to show that Awardees has
of the Activities described herein.
Program Income The disposition of Program Income not specifically listed in the approved Program Income
budget requires prior written approval from PHCD.
1. Does this activity generate Program Income? 0 Yes 0 No
2. If yes, indicate the amount generated this quarter.
3. If yes, was written approval granted by PHCD to use the Program Income generated from this activity?
DYes DNa ON/A
4. If yes, @ attach copy of approval letter and related documents. [f no, a written request for approval to use the
Program Income must be submitted to PHCD.
CDI14151712
1 of 3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20
. ACTIVITY STATUS AND INFORMATION
1. Activity Status: 0 Cancelled 0 Underway 0 Completed
2. Environmental Status: 0 A=Exempt 0 C=Completed 0 D=Underway
3. Is this activity still in compliance with the original project schedule? 0 Yes 0 No
Section Ill: Worle in Progress [Oo-going Activities] + 0 Accomplishment Narrative [Activity Completed]
Check appropriate box and reference the SC9pe of Services, included in your contract, as the basis for reporting the
a format. Attach of
L-~ .. ~~~_~ __ ._ •. ~~. __ ~~ .. ~ ................ ~~ ____ ~." .... _____ ,.,
Section IV: OtherSuppo·rting Efforts
Provide a description, using data, of all other supporting efforts that have begun, partially implemented; or
this
----.... '"--''~''''''' "'~---'-~"-""""""'---"-""""""
ISectio~V': Prob(;;m~' Erlco~~tered
I Provide a brief description of any problems or delays enZountered during this period or anticipated.
L .... " .. ~ __ .. _ .... "" ...... _, ____ •. ." .. """ """.'''' _ ........... " .............. ____ .. " ... "."" .......... _ .. _ .. "". __ ~. ___ ~" .. ,,, ... _,,, " .. " .. " ...... _~ .. ".".J
Section VI: Technical Assistance
If your organization has a need or anticipate a need for technical assistance during this period, please describe the
nature of the assistC,loce . .
---"-... "" ...... ,,.-.~-.. """""'_'_"'_""""'''''''''''''''''''-'-'-'''''' .................. --.---.. "-.,,,--~--.~~,,, .. ,,,,,, ................................ "'"''''''''''''''''''''''''''''''''''' .. ''' ,,, ..... ,, .... "',, .... .
Sect.ion VB; Performance
wNotes: A Supplemental Performance & Benefit Data Rep~rtmustbe sUbmittedifanya~tuaiaChie~ementsa~ej'
reported durinn this reporting periOd and all HOME funded projects must submit applicable activity set"up form.
""._-" __ .. _,.,, •... "~~-~----"''' ... ''''' ........ ,.~-,, .. ~--~ .. ''.'' ...... ~.~---__ .~'" ".~"", ,_y.>'_.~~--_____ .... ,_.,~"., ... ~,~_''' .. ''''' .. _ ~'~m'~""'"
Accomplishment Type: 0 People [01] 0 Households [041 0 Businesses [08] 0 Organizations [09]
o Housing Units (iO] 0 Public Facilities [111 0 Jobs [13]
National Objective: 0 Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA] -or-0 Direct Benefit [e.g. LMC, LMH, LMJ]
Households
Households (LMH activities only)
Lowf Mod Households Low I Mod Female Headed
Supplemental Report Attached YIN .~~_ Performance & Benefit Data:
o Housing -or-0 Public Service & Administration -or-0 Capi!B! Improvement & Public FacUities
CDI14!51712
2of3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20
o Performance & Benefit Data: Housing
Total Job Count Total Weekly Hours Percent
Jobs Created Full-Time (FT) FT Low IMod Part-Time (PT) PT low/Mod low I Mod Jobs
PI UJ~\';lt;U Goal
Actual This Quarter
Actual Cumulative
I-vl<:tir,'" Businesses
Total
Supplemental Report Attached YIN ............. ~_ .... . o Performance & Benefit Data: Economic Development
PERfORMANCE CERTIFICATION: D This certifies that No Accomplishments 'occurred during this Quarter.
Initials'
NOTE: Submittal of Supplemental Form .. Performance & Benefit Data is not required at this time based on the
certification that no accomplishments occurred during this quarter.
CERTIFICATION
This is to certify that the data and other information provided in this Heport is correct, based on official accounting
system and records, and that expendilums and obligations shown have been made for the purpose of and in
accordance with applicab\e Terms and Conditions of the Contract and Funding [~equiremellts.
Report Prepared by: Title: Date: ...................•..•.....•. ~" ..................... ~ .•...... ~~."" ..
Print Name
Signature of Certifying Official: ".-Title: Date:
Activity lOIS Number: .......................... ""--_ ......... ..
Report 0 is / 0 is not complete + Report 0 is lOis not accurate
Initial review for completeness and accuracy completed by -Name: ................... ""PfojectManager-'"
Name: Date:
Supervisor
Waming: Title 18, US Code Section 1001, states that a person who knowingly end willingly makes false or fraudulent statements to any Department or
Agency of the United Stetes is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request.
30f3
CDI14I51712
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
Recipient Name: ...... __ ......... __ .... _ ..... ~_ ..... ~ ... _. ___ .. ~~ .. ~_.~ .. _._. ___ .......... ~ ___ .<
Activity Name: __ ._~~_« < .... < .. ___ .m._« .. < ......... __ .,,~,' ...................... '_<.«,<.«.<.... ..< .......... ,<'m< ... < .. « •...
lOIS # : __ < __ <~ < ____ ..... Activity Category: __ .,_< ______ _
HUD Activity Matrix Code: .<mm« ___ <_< Accomplishment Type: <.... __
HUD Matrix Code Description: _«~.<. ___ ,< ... ___ .......... __ ... ____ .. _ .... __ _
D Acquisition I Disposition D Structures + D Parcels
D Clearance I Demolition D Structures + D Parcels
___ # of Structures
___ # of Parcels
"DStreenmpf6vemerits'pcrsori13~SeiVe(r+'T6Wl!\/kldlr;cbj']ie .
o Public Facility I Type:m..m.~_.. Persons Served + low/Mod Income
D Building I Type: _. _____ .___ Facilities + Persons Served t Low/Mod Income ... _ ..... __ o Other Capita! Improvement /Type: Persons Served + Low/Mod Income
[indicate below]
of Persons Served
of Low/Mod Income
Instructions & Applicability: National Objectives include LMA & LMC activities with any 03 matrix code except ST.
1. Tota! Persons Assisted for program year: _...... .. __ . 2. Counts by Households (H) or Persons (P):
3 •. 0f the Tota! Persons, enter the number: N!JJTlber of Pc::!sc!.I}'§
With New Access to this service or benefit
VVith Improved Access to this service or benefit
With access to a service or benefit that is No longer Substandard
Note: This field must equal the number in Total Persons Assisted.
With New Access to this type of Public Facility or Infrastructure Improvement
With Improved Access to this type of Public Facility or Infrastructure Improvement
With access to Public Facility or Infrastructure that is No longer Substandard
Total
Note: This field must equal the number in Total Persons Assisted ...... _~_ ..... , Total
Homeless persons given overnight shelter
Number of beds created in overnight shelter or other emergency housing
Is this activity located in a NRSA? DYes DNa
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami-Dade County's website -Services Near
You: http://gisweb.miamidade.govICommunityServicest. A copy of the printout must be included with this report.
Provide the following information:
NRSA # of Clients Served
CD115151712V
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PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expemiiture & Progress Report
FY20
# of Clients Served !t of Clients Served
Location I Project Address:
··--·SfreetTCfty I Zip·Code -o~Fo"iioNum"beris"thereis·no~streeTaddress···""
Location I Project Address:
RACE ÐNICITY CATEGORY
.dil1~i~ucii;;ns: (1 )lndicate"thetot8!dnumber of persons or hou~~ho!ds served in each Racial Category for this n:iporting d
period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that
are of Hispanic Ethnicity for this reporting period and the cumulative total.
OTHER DIRECT BENEFIT INFORMATION
Census ( C) or Survey (S) Data Used: ___ _
Total # of Low/Mod in Service Area:
Percent of Low/Mod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
Cumulative I YTn :Tota.!s
. Tota! Number: .•• __ ._.,,_., __ ~ ____ ,.,_,,~_, _" ,"··_··· ____ ~_'v ___ .~"
••.••.••.•••••• =:J
If (S), enter # of Low/Mod & Total Population:
Totallow/Mod Universe Population in Service Area:
CD115151712V
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PUBLIC HOUSiNG AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAP!TALIMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY20
-""~"""""""""""""""""_"."""""".,, ... ,,. 1. CDBG Funds .,,",," __ ,,''''''' __ .,,'' ___ 5. Other Federal Funds
";"-"""."""",~.~."~.""" .. ,,--,,,,,,
2. HOME Funds .-'---.,,----~--.-6. State / Local Funds
-,,, .. ,,,--.. ~.--,,,,-3. ESG Funds
.. ~.'w." ____ ~"".~.""""""''''' .. ,,._''''''''''_
7. Private Funds
--'---.""".",,,_ .... , ..... ---4; Section 1 08 Loan Guarantee
1""'''--'''-'''''''''''''''-'''''''''''''''-.-'''''''''-,,-''''-'''':'''''--''''''''~-"" "" ... "_.".--" .•.• """"-_ •• """""-_ ..••.•.. "_.".,,,,.",,".,,,,", ••••• "".""""""""""""" •••• " .. ""."" ..... ".",, •• ,,.,, ...... " .. " .. " """"""""""""";
". r@·REQUIR~DATTACHMENDL[iLappliG~bleJ:"J) "C;Slrli[l.l;£]tq glJ?mplg"tiqn;2)"eLilltt.?u"t()(l!J3$A."~;ClP,,jt~Ee!L':~?!)Ie;})!
i Documentation of performance I accomplishments, e.g,. new or Improved access to servIces, faCility. or Infrastructure I
lupgrade; and 4} Documentation as described in the Coritract or Scope of Services, or as instructed by the County, l
""~_~ .,,·,._ .. "' .. _~hv.,. __ . ___ "·'n .. ~_m·····~_ .. __ .m'··· __ .... ___ .~"v,·· .. , .................... ,.' .... "" ......... ,,, .... ,,, .................... ' .··'NM·''' ......•. ~~~"'~~ .• ···· .• ~· ............... ~._· ... ···, ...... ,. ............ n ,.,~_ .. ~_~ '.~"'~A~ __ '" .. ~, .. ".~~y~_~ ... ~ .. <. "" __ • ___ •••• >.,~~_._.
Report Prepared by: ... Title: Date:
Print Name
Signature of Certifying Official: Title: Date:
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agency of the United States is guilty of a fetony. State law may also provide penalties for false or fraudulent statements.
This material is available In an accessible format upon request CD115151712V
:3 of3
DATE:
AGENCY NAME:
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
MONTHLY PROGRESS REPORT
{Form to be submitted with every Payment Request}
-------
PROJECT! ACTNITY NAME:
.ACTIViTY CATEGORY:
FlJNDiNG YEAR f SOLJHCE: FUNDING AMOUNT: --_ .................• -.. -------••....
GOD!?J!D!S; REQUEST AMOUNT: -'----•...... ~
··REPORTING· MONTH I YEAR:
Attach copy of approved Action Step Format (Attachment M) in the contract, which depicts: (1) Service Frequency;
(2) Number of Clients; (3) Cumulative Quarterly Service Units; (4) Cumulative Number of CHents; and (5) Cumulative
Projected Payment LeveL
ECONOMIC DEVELOPMENT ACTMTIES
1) NUMBER OF CLIENTS! PARTiC!PANTS J BUSiNESSES SERVED: .. __ _
2) NUMBER OF AGREEMENTS EXECUTED WITH BUSINESSES:
3) NUMBER OF JOBS CREATED:
4) NUMBER OF JOBS FILLED:
5) NUMBER OF JOBS RETAINED:
HOUSING ACTNITIES {EMERGENCY SHELTER, TENANT BASED RENTAL ASSISTANCE, ETC.}
1) NUMBER OF PERSONS ASSISTED:
ACCOMPLISHMENTS I CHALLENGES NARRATIVE:
Report Prepared By: ......... .. Report Reviewed By:
TITLE: TITLE:
By Signing below I, m. ____ mm'.m._' verify that the information in this report is accurate and appropriate
records have been maiiltainecf·m
of Reviewer:
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements 10 any Oepartment or
Agency of the United States is guilty of a felony. state law may also provide penalties for false or fraudulent statements.
This materia! is available in an accessible format upon request. C012216812V
1 of 1
MIAMI-DADE PUBLIC HOUSING AND 'COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCT!ONS: Per 24 CFR Part 58. the purpose of the environmental review procedures is
to foster the implementation of environmentally compatible activities. As a grant or loan
recipient, Miami-Dade County will not fund projects that will negativery impact clients.
communities, or the environment.
Part I. AGENCY AND PROJECT DETAIL
1: Indicate Funding Source:
O' tOBG o HOMELESS (SRO/SHP)
3. Name of SubrecipientiAgency:
4. Name of Proposed Activity;
o HOME
DEDI
o HOPEVI
o NSP
.....................•• ~............. ...................................... . ... -........................... ~ .. -----........ --
7. Commission District(s): ........................... -~ .... -.-............ ----.... ---~
8. Dired Contact information of loan/grant recipient:
9. Detailed description of activity or project
i O. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capita! Improvement, Housing, etc.
11. What is the status of activity or project? For example, Pre-Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed, etc.
Part II. PROJECT OUTCOME
Part m. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed fand use:
.. Existing?
<II Proposed?
2
.. Does the site have any known contaminants?
DYES o NO
.. If there are known contaminants, has a Phase. I audit been completed? If yes, a copy
of Phase I Environmenta! Audit certified to Miami-Dade County must be submitted to
determine the likely presence of either a release or threatened release of hazardous
substance.
DYES
2. Site Plan:
o NO
Does the proposed activity indude a new structure(s) or site improvements on a site of one
{1) acre or more?
DYES o NO
lfyes. 11 fiii£! nla.n must !?r~.9vidgd. _proiect{£~lYiiU.l!Qt9J) env!£QJHnem£ll!Ylgviewed wiihout q
site plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
DYES o NO
If yes,
photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildioDs on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existin~l structure on the site, the foHowing
information:
.. Existing structure(s) on site? DYES D NO
Estimated age of structure(s)?
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
DYES o NO
If yes, what is the estimated cost of rehabilitation or renovation? _____ ,.,,~_,, ___ ,," ... _.
In addition. indicate if the estimated value of the improvement represents:
o 0 to 39.9 percent of the market value of the structure(s) o 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market value of the structure{s) o 75 perc:ent or more of the market value of the structure(s}
3
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
DYES o NO
If yes, a copy of Phase I Environmenta! Audit certified to Miami-Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownersh ip,-land use and zoning for the last 50 years;· researching -environmental records for-
information on hazardous waste sites,. hazardous facHities, solid waste/landfill facilities and
underground storage tanks (available through the Department of Permitting Environment and
Regulatory Affairs (OPERA). Florida Department of Environmental Protection (FDEP) and
---------HU:S:-Bwironmental-Protectiof1~geficyiEPA]);=afld~site=if'lsl'ectiGn-9'or=physicalo-evidenee=of=="="""'''7.'~''==
contamination such as damaged vegetation or stains in the soiL
Has a Phase I been performed? DYES o NO
6. Environmental Health Information:
.. If a residential site, and the activity includes or involves rehabilitation, has it been inspected
for defective paint surfaces?
DYES D NO
If yes, please submit the results.
.. Have any child under the age of six at the site been tested for elevated fevels of lead in the
body?
DYES
If yes, please submit the results.
7. Other Site Information:
o NO
4
Part: IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For aH projects: Submit. street/plat maps that depict location of property in the County and/or qty
with the location or lot clearly pointed out
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Su.bmit a scope of service, an itemized
budget describing the major components of the rehabHitation program planned, and a photograph
of the property. . "
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
! certify to tim accuracy of the lnforrnatlon prov-ided. I understand that all funded activities rnust:
have an approved environrnrmtal review cleardnce prior to the cormnenCl)ment of projects. I
clearly understand that any omitted andlor incorrect information will delay thf~ initiation of ih(~
enVironmental wvlew process by the PHCD stati'. As such, I arn aware that omitted information
could delay the commencement of my organization's projf~Ct. I understand ,dt approved
environmental reviews are valid for one (1) year maximum.
Unless otherwise indicated, return completed form and attachments to:
Project Management Division
Public Housing and Community Development
701 NW 1"t Court _14th Floor
Miami, Florida 33136
TYPES Of ACTiVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Economic U':"C"U
New Construction
Rehab
~_~~ .. ()n-C~~ction/Expansion
Housing
Single Family Rehab
Multi-Family Rehab
New Construction
Homeownership Assistance
x
x
Date
,,_".~"_".,,~!f()Tda~!~ Hou"~J{m.f!:.~I::J~~':"I_~" ___ ""'_"'_' ____ """+''''''''''''"_''''""_ .... _ ...... _____ '~-----" .• ~ ....... " ......... "--"'--•• ----..... ""-... , .".""_,~"~~ __ ... _"
Capital Improvement
Handicapped Access
Public Facillties XZ
Infrastructure Xl _~. ___ .. _______ ".~-"--'_'".""_~~" .. __ "._" .. __ " __ ~. __ "'_'" ___ -'--"_"~"_" ___ .L-_~.
5
Public Services
Employment X
Crime Prevention X
Child Care X
Youth or Senior Services X
.. _<.~.§~£P9~y~~§~11?".~ ....... ____ ~~___4 __ X~~._...J
~,=>'"~_~_,~=.~ . ..,.,.,.".",._~,,,~~_~~N=mm' ." .... >_ •••••• ~ ••• .,~. __ ~~_.~ ••• ~ •• ,.,_~~rl"
Type of Publication No Public
Notice/No
RROF
No Public
NoticelNo
RROF
No Public Notice/No
RROF (No Statutory
Requirement
Triggered)
Or
Publish NOllRROF
(Statutory
X1 Iffor continued use and change in density (or size) of less than 20%
X2 Change in density {or size) of more than 20%
Exempt
CENST
CEST
,EA
Exempt Activities
Categorically Excluded and Not Subject to 58.5
Categorically Excluded Subject to 58.5
Environmental Assessment (Format II)
CD143131413
Publish
FONS! and
NOllRROF
PUBLIC HOUS[NG AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFfiDAVITS
,Uniform Affidavits
_ Street Address (P .0. Box NLlmber Is not pennltled)
Firrrm registered to do business \A~th Miami-Dada County, shall require the person contracting or tronsactll1g such buslness with
the Counly to disclose under oath his or her full legal name, and bUsiness address. Such contract or transaction shall also require
the disclosure under oath of lila full legal name and business address of aU individuals having any Intere!;t (!egal, equitable,
oonejiei,!l of olhep. ... ise) in the contm<:t: oUll~r than subcontractors, materialmen, suppliers, laborers or !enders. Post office box
addresses shall nol be ;lcceplad hc{eund'~r. If tho contta~;! or business traosactJoo is with a corpnratioo the foregoing informatlon
shal! be provided for eoch oJllcer i1l1d dlrector and ench stockholder holdIng, dlrectty Of Indirectly, five (5) perrent Of mDre of the
outs!,lnding slor,.k in Iht' r:.orpomllon. It th" contmct Of business trensactlon ls with a partnership, the foregoing information shall
b<~ provided fOf each porhler, If lile Ctlnlmcl of business transaction is with a trust, the furegoing infurmation shall be prOllided fur
Ihe trustee and each bcneficllllY of \tIC {rust The foregoing disclosure mqulremenl:, shall not apply to CtlnhJ:lr.:ts with pubficly-
traded corporations, or to contracts witn the United States of any depatitnent Of Bfjem:y therB()f, the Stilt, Of any political
subdivision or agency thereof, or any municipality of this State. Use duplicate pflge if 1lC{,ded for adoiliol1<l1 namGs.
If no officer, dlrector or stockllo/der owns (5"/..; or more of srock, please write "None" be/ow.
PRINCIPALS I
FlJU..lEGAL NAME TITLE.
FULL LEGAL NAME TITLE ADDRESS
If <') pen::enfage oflhe firm {s owned by tI jllJbllcJy trBded corpondl<m, Indica!", below in the space 'Other Corporation's',
OTHER CORPORATlO~
Page '1 of 9 CDl42131.4-13
PUBUC HOUSING AND. COMMUNITY DEVELOPMENT (PHCD)
A IT AGHMENT E
AFF!DAVITS
Uniform Affidavits
1.. MtAMf·DADE COUNTY EMPLOYMENT DISCLOSURE AFRDA WT
(COunty OrrJinsllC'e No. 90-133, amending Sectfan 2.8·1 (d) (2) of the Miamf-Daoo County Code)
The following information Is for compliaoce wiIJ1 all items in the aforementioned Sl;;ctlon:
1. Does your fum have a 9'lIecUve bargaining agreement with its employees? Yes No
2. Does your firm provide paid health care benefll:s for its employees? Yes No
3. Provlae a current braakdDWrl (number of persons) in your firm's work force indiCating race, motional oriilki~ani:! gender.
NUMBER OF BIIIPlOYEES
3. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPL.ACE AFFiDA vrr
(Section 2-8.1.2(1)) oftha Miamf..lJaue County Code)
AI! persons and entities that contract with Miami-Dade County are required to certify that they will maintain a drug..free workplace
and sllch persons and entities ure required to provide notice to employees and impose sanctions for drug violations occurring in
the workplace.
In compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, the :above named firm is providing a drug-free
workplace. A vnitton statement to each employee shall infotlT1 the employee about
1. D<lOgor of dmn abU,$<' in Ihe workplace
2. The film's polfey of maintaining a drug-flee environment at ill! work planes
3. Availability at drug counseling. rehHhilitation and employee assishmte programs
4. Penalties Hmi may be Imposed upon employees fOI drug abuse viofnlions
ThH finn shall also require an "'!11ployoH In sign a smlpmcnt. as a condition of employment th;,t the employee wiH "bide by the
linIn:> of Iht. dfllg·,fr,'"' workplacu poliGY ,md not1fy ihe employer of ~my crimina! drug cOllviction occurring no laler Ihan live (5)
days alief mceiving nolle" of Sllch r:onvidion and impose approiJrialc personnel action against the employee IIp to and int:iuding
lerminalirm, firm!?, may al;;o comply wilh the County's Drug Frec V\loritplao:J Certificcatkm where a pmson or entity is required to
have :a drllg-flee workplacc policy by anoJJlef 10C<11. sla\e, Of federal agoncy, Of mRlinlains such a policy of ~s mllil aGctlrcl nnd such
policy mer,!!; the intent offhls ortlillanC(I.
4. MIAMl-DADECOUNIY DlSABJU1Y AND NON-DISCRIMINATION AFFIDAVIT
(Article 1, Sectfon 2-8. 1.5 f/.esoflJlio{! n-11J2-00 Anwndh79 R-385·95 of the Miami-Dade COunty Code)
Firms transacting business with M1ami-Dade County shall provide an affidavit Indicating oompnance with aU requirements of the
Americans with Disabilities Act (A.D.A.).
I, state that this firm, is In Cnmpli:lflce with and agroes 10 continua to comply with. and assure that any SUbcontractor, or third party
contractor shaH comply with all applicable mquircl'n<mts of the laws including, but not Ilmlted to, those provisions pertaining to
employment. provision 01 pfO[;rmns "nd se!vlces, lmor;portalion, communications, access to facilities, renovations, and new
construction.
The Amerlc:an with DisabUities Act of 1990 (A,D.A.), Pub. L 101-330, 104 Stat 327, 42 U.S.C. SectiQns 225 and 611
!ncludlng TIlles I, II. m. IV and V.
The Rehabilitation Act' of 1913, 29 U.S.C. Sadlon 794
The Federal Transit Act, as amended, 49 U.S.C. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601·3631
PageZ of9 CD142131413
PUBliC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
A IT ACHMENT E
JJlffLfJJxLrifJirrrl lila} ( mil in cotrJpliall£.f.1.J:dJl! the Im['2.1!L§JJ.£ffP.ll§:
Secfjon i!·'roA(4)(a) of lile C.ade of Miomi-Daria County (OrdInance No, 82-37), whim requires that all properly licensed
<!rdlit&.iural, engineering, [tmdscape archlteciur"l. and h:HId sUiveyors have an affirmative action plan on jjla with Mlaml-Dade
County
Sed/on ;2-8.1,5 of Ihe Code of Miomi-Dm}e County, whfch requires filM finns find have 8JlltlJlJl gross revenues In excess of fiVe
(5) milliOfl doflars have 1111 {lflirmalive OC/i()f7 pJ:;m mu;i prucUfu:me(Jt policy 00 filt! wilh MiamHi8dtJ County. Firms that have a
Board of Dirac!olS Hwl ilte rDprol';Onl"IAm off/If; population 1J16kn,tJp of tile I1tltiCiIl may be eXf1mp(.
5. MIAMI-DADE CDUNTY DEBARMENT DISCLOSURE AFFIDA Vir
(Section '10.38 of the I' .. <jamf-Dacfa County Code)
Films wishIng to do business with Mlaml-Dade County must certify that it's contractors. subcontractors, officers, principals,
stockholders, or affiliates are not debarred by the County befure submi1tlng a bid.
I, confirm that none of this nm1s agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by MiamI-
Dade County.
6. MIAMI-DADE COUNTY AFFIDA VlT RELATfNG 10 fNDflllf)UALS AND ENTITlES A ITES71NG BBNG CURRENTfN THBR
DBUGA710NS TO MIAMUJADE COUNTY
(Ordinance 99-162, amending SoctiM 2-8. 1; Ordinance (1),-30, amending Soclion 2-8.1 (c), and Ordinance 00-67, amentfing 2-8.1
(h), of the Miami-Dade County Code)
Firms wishing to transact business IIAth Miami·Darla County must certify that at! delinquent and currently due 'fees, taxes and
parking tickets have been paid and flO indiVidual or entity in arrears ill any payment under a contmct, promissory flote or other
document \\Ilth the County shall be aHowed to mceivG any !lew business.
I, confirm that aU delinquent and currently due fees or taxes including, but not limited to, real and pernonal property taxes,
convention,and tourist development taxes, utility taxes, and local Business Tax Receipt collected ill the normal course by the
Miami-Dade County Tax Collector and County Issued parking tickets fur vehides registered in the name of the above firm, hal/e
been paid.
7. MIAMI-mWE COUNTY CODE OF BUSINESS E1111CS AFFIDAVIT
(/lrlide 1. Secti()n 2-8.1(i) of fhe Miami·Dade County Codn through (o) and (9) offhe County Code and County Ordinance No 00-1
amendin[j .secllo!! 2A t 1 (c) of tfle County Cod,,)
Fhms winhlng \.0 !raosaci. husine;;;s with Miami-Dade County must certify that it has adopted a Gode that complies with the
roq\Jifl~menlll of Section 2·S.1 of the COUnty Code. The Code of Business Ethics shall apply to ali business that the e')Hltactor
dncs with the COlin!y and shall. at a minimum; require the cctnlractor to comply with ali appiiGil\lkl g()vernmeplal rul(1s and
regulations.
I coofirm that this llll!) h"s adopted " C()do of husiness ethics which complies with the reqUirements of Sections 2-8.1 of the
Counly Code, and Uwt such code of business dhics shall apply to aU business that this firm does with the County and shall, at a
minimum, require the GOlllractor to c.omply with ali applicable governmental rules and regulations.
8. MIAMf-f)ADE COUNTY FAMIL Y LEA VE AFFlDA 11«
(Artfcle Vaf Chapter 11, afrha Miami-Dada Couoly Code)
Firms contmding business with Miami-Dade County, which have mOfe than fifty (50) employees for each working day during
each of twenty (20) or more walk weeks In the current or preceding calendar year, are required to certify that thaI' provide family
leave \0 their employees.
Arms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter
(signed by an lluthonz.ed agent) that it does not have the minimum number of employees required by the County Code.
I confirm that If applicable, this fmn compfleS with Article V of Chapter 11 of the County Code, which requlres that firms
contracling business with MIamI-Dade County which have more than fifty (50} employees fur each working day during each of
twenty (ZO) or more war1< weeks in the current or preceding caklndar year ara required to certny that they prOvide family leave to
Page30f9 CDf42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (pHeD)
ATTACHMENT E
AFFIDAVITS
.Uniform Affidavits
their employees.
9. NlIAM/~lJAD/E COUNTY UWNG WAGE AFFllJAVrr
(Section 2-8.9 of the of the Miam!..[)ade County COt:fe)
All applicable contractof$ entering into a contract with the County shaH agree to pay the prevamng IMng wage required by thfs
section of the County Code. --
I conilrm that if applfcable, furs firm complies with Section 2-8.9 of the County Code, which requires that ali appHcable employers
entering a contmctlJliU1 Mfam!-Oade County shall pay the prallul!lng !Mng w.age required by the secti()n of the County Code.
10. MIAMt-DAP/E COUNTY DOMESTIC LEA \IE' ANO REPORTING AFFIDAVrr
(Mids e, SadiO!) 11A-60 -itA-57 of the of the fl/Jaml-Daoo County Code)
Arms wishing to transact business with Miami-Dade County must certify that it Is in compliance with the Domestic Leave
O.dimmce.
! confirm that if applicable, thls firm complies with the DomesUo Leave Ordinance. This ordinance app!1es to employers ttiat have,
in the regular course of business. fJfty (50) or more employees working in Miami-Dade County for each working day during the
current or prea:.-ding calendar year.
11. MIAMI-DADE COUNTY CRIMINAL RECORP AFRDA ViT
(SecVon 2-8. ('; of the Mfami-Dade County Code)
The Indlvidua[ or entity entering into a contract Of reatMog funding from the County ___ has __ has nctas oHlle date 01
this affidavit been convicted of a felony during the past ten (10) years.
An officer. director. Of executive of the entity entering Into a contract or receiving funding from toe County __ has __ has.
not DS of lhi'£> date been convicted of a felony during the past ten (i 0) years.
Sworn to and subscribed before me this
Personally
Or produced identification ~ __ . __ _ ~_. Notary PUblic-State
Page 4 of9 CDf42131413
PUBUC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
Uniform Affidavj~
SWORN STATEMENT PURSUANT TO SECTION 281.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
TH!S 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
and if applicable its Federal Employer Identification Number (FEIN) is ... _. ______ . If the entity
has no FEIN. include the Social Security Number of the individual signing this sworn statement
2.-! understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes, means a
violation of any state or federal law by a person with respect fo, and directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the United
States, induding, but not limited to any bid or contract for goods Of services to be provided to public entity or
agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, rackctHering, conspiracy. or material misinterpretation.
3.-! understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florid,,! statuteli, means
a finding of guBt or a conviction of a public entity crime, with or without an adjudication of gunt, in a federal or
state mal court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdic~ non-jury trial, or entry of a plea of guilty or nolo contendere.
4.-1 understand that an "Affiliate" as defined in paragraph 287.133 (1}{a), Florida.Statutes means:
a) A predecessor or'SUCC0ssor of a person cOfwic1ed of a public entity crime or;
b} An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity crime_ The tann "affiliate" includes those officers, directors,
executives, partners, sharehOlders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest in
another person, or a pooling of equipment or inwrne among persons when not for f3ir market vniuc
under an arm's length agreement, shalf be a prirna facie case that one person controls t;1nothor person.
A person who knOwingly enters into a joint veniure with 3 pen;on Who has been convicted of a pubUG
entity crime in Florida during the preceding 36 moths shall be considered an affiliate.
5.-I understand that a 'person~ as defined in paragraph 287.133 (1)(e), Florida Statutes, means any natural
person or entil:y organized under the laws of any state or of the United Slates within the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The
term "person' ilicludes those officers, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
Page 50f9 CDl42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAViTS
Unilt~rm Affidavits
6.-Based on information and belief, the statement which r have marked below is true in relation to the entity
submittlng this swom statement (Please indicate which statement applies)
__ Neither the entity submitiing sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of (j public entity crime subsequent to July 1, 1989.
___ ~ The enUly submitting this sworn statement, or one or more of its officers:, directors, executives, partners,
shareholders, employees, members. or agenis who are active in the management of the entity, or an affiliate of
the entity. or an affiliate of tho entity had been charg(~d with, i}:nd convicted of a public entity crime subsequent .
to July 1 t 1989. AND (please indicate which additional statement applies)"
.. " .......................••.•.• """"N""" ..... ~...... . 'N 'N' •• ~ •• " •••••
••••••• .. ······_._·.· ___ ••••••• N ...... . • ••••••••••••••• _.~ •••• " •• A •• ~
__ 0 __ " The entity submitting tl1is swom statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a
Hearing Officer of the State of F!orIda, Dfvision of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list (attach a copy of the final order}o
I UNDERSTAr-lD THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN J?AHAGRAPH '1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND
THAT THIS FOHM IS VALlD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM EEQUIHED TO INFORM THAT PUBLIC ENTITI PRIOR TO ENTRING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017
FLORIDA STATUTES FOR A CATEGORY lWO OF ANY CHANGE iN THE !NFORMATION CONTAINED IN
THIS FORM.
Sworn. to and subscribed before me this _.0 ___ ... _. day
Or produced identification ._ ... __ ........... _, ... __ ... _ Notary Public-State
............ _._ ..•... ~_ ... _. My commission expires _0.'.
PageS ofS CD!4213i413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHeD)
ATTACHMENTE
AFFiDAVITS
Uniform Affidavits
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1.-Do you have any past due financial obligations with Miami-Dade County?
Single Family House Loans
Multi-Family Housing Rehab
CDBG Commercial Loan Project
··O.SJ-lUD-SeCtloniOB Loan· .
Other HUD Funded Programs
Other (liens, fines, loans, occupational licenses, etc.)
YES
2.-Do you have any past due financial obligations with MIami-Dade County?
YES. __ .. ~._ NO __ _
If YES, please explain:
NO
3.-Are you a relative of or do you have any business or finandal interests with any elected Miami-Dade County
official, Miami-Dade County Employee, or Member of Miami-Dade County's Advisory Boards?
YES __ _ NO __ _
If YES, please explain:
Any false information provided on !hls affidavit will be reason for rejection and disqualification of your project-funding request jo Miami-Dade
County
The answers to the foregcing questions are rorrectly stated to the best of my knowledge and beHef.
By: ---:=:---:---::-:--::c---:-;----
(Signature of Applicant)
Sworn to and subscribed before me this _..._~_._ ..... day
Personally
Page 10fS CD/42!31413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
p,FFrDAVIT!:t
Uniform Affidavits
COLLUSION AFFIDAVIT
(Code of Miami-Dado County Section 2~8.1.1 and 10-33.1) (Ordinance No. 08-113)
BEFORE ME, A NOTARY PUBLIC. personally appeared ___ '"" "" ___ who being duly
swom states: (insert name of affiant)
! am over i B years of age, ~ave personal knowledge of the facts stated in this affidavit and! am
an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of
"",,,,--thiS.{JOfltract,,,, '''''''''''''-''''-"-~,-.. ,, -",.,,,"-,----.. -,-"'-"'''-'''''''''''''._",'' ",-----, """,""""''''''''"_",~'""",,_,, '" "'," ",,,-,,,_,,, __ ,,,,,,,,_ "',," .,"---" ''''
I state that the bidder of this contract
[] Is not related to any of the other pariies bidding in the competitive solicitation, and that tile
contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of
any person not therein named, and that the contractor has not, directly or indirectly. induced or
solidted any other proposer to put in ;:) sham proposal, or any other person, firm, or corporation to
refrain from proposing. and that the proposer has not in any manner sought by collusion to secure
to the proposer an advantage over any other proposer. <
OR o is related to the following parties who bid in the solicitation which are identified and listed below:
Note: Any person or entity that fails to submit this executed affidavit shaH be ineligible for contract
award. In the event a recommended contractor identifies related parties in the competitive solicitation its
bid shall be presumed. to be collusive and the recommended contractor shall be ineligible for award
unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control
and management of such related parties in the prep3ration and rmbmiUai of such bids or proposals.
Related pariies shall mean bidders or proposers or thE; principals, corporate officers, and managers
thereof which have a dired or indirect ownership interest in another bidder or proposer for the same
agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a
direct or indirect ownership interest in another bidder or proposer for the same agreement Bids or
proposals found to be collusive shall be rejected.
By;
Signature Date
Printed Name of Affiant
Arlrln::·t,,,,, of Finm
PageS of9 CD!42131413
PUBLIC HOUS!NG AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
~FFIDAVITS
Uniform Affidavits
SUBSCRIBED AND SWORN TO (or affirmed) before me this __ oay of~_.----, 20_
Type rdentificatiofl
.......... '''' . .""W'''~''"' ...... ~~.'''''',,~_~.~,,~~.'._''''H'_'''~~,,~·.~~.~ ...... ~.~=~_
Signa!11re of Notary Serial Number
Print or Stamp
Notary Public -State of ~ __
PageS ofS CD14m1413
DEVELOPER'S AfFIDAVIT THAT NHAMI-DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2.-8.1 (c) ofthe Code of Miami-Dade County, as amended by Ordinance No. DO-3~}
and
THAT DEVELOPER !S NOT IN ARREARS TO THE COUNTY
(Section 2-8. i (h) of the Code of Miami-Dade County. as amended by Ordinance No.00-67)
1. That! am the Developer (if the Developer is an individual), or
the position held with the Developer) of the Developer.
in the title of
2. That the Developer has paid at! delinquent and currently due fees or taxes (including but not limited to,
real and persona! property taxes, utility taxes, and occupational taxes) collected in the normal course by
~----.. _ ........ _lhfl.Mia!ni;,Q§'p .. ~ ....... CqJJn"ty~Ig~,,kgl1~~;tqf!_~JJ.dC91111!y ..... j$~~lm-j ...... PJlrkLQD ...... tit;::~~lsf()Lyel)ic:l{~s ........ !~?~j?l~(~Ej ..... iD ..... the name of the above developer, have ooen paJ;:C· ..... -------------........... . ... ....---....... -.. ..... ........ . ............... .
3. That the Developer Is not in arrears in excess of the enforcement threshold under any contract, final
non-appeasable judgment, or lien with Miami-Dade County, Of any of Us anencies Dr instwrnentaHties,
including the Public Health Trust, either directly or indirectly through a fiml, corporation, partnership or
joint venture ill which the Developer has. a conlrolling financial interest. For purposes hereof, ihe term
"enforcement threshold" means any arrearage under any individual contract, non-appeal able judgment,
or lien with Miami-Dade Counly that exceeds $25,000 and has been delinquent for greater than 130
days. For purposes hereof, the term "controlling financial interest" means ownership, diredly or
indirectly. of ten percent or more of the outstandinfJ capital stock in any corporation, or a direct or
indirect interest of ten percent or more in a finn, parlnership. or other business entity,
S' y,." .. <~---~« .. --~<.<-~--... -<.
Signature of Affiant
Printed Name Firm
Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me this __ day
Type of Identification
--Pnn(pr'Stamp Name of NotarY
Notary PubHc-State of _.~_<~ __
as identification.
Notary Sea!
Expiration Date
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooncrative Agreements
The undersigned certifies, to the best of his or her knowledge and belie£: that:
L No Federal appropriated funds have been paid or will be paid, by or on behalf of the
oodersigned, to any person for influencing or attempting to influence an officer or
employee of an agcl1GY, a Member of Congress, an officer or cm;ployr;0 of Congress.
or an employee of 11. Member of COllbrress ill connectiol1 with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federall(Jal1~
the entering into of any cooperative agreement, and the extension, . continuation,
renewal, amendment, or modification of any Federal contract, grant. loan, or
"""": .. :::"::":::::::::::::::::::::::::';"::::,
2. If any of the funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency. a Member of Congress, an officer or employee of Congress, or an
tttnployee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form LLL, "Disclosure Fornl to Report Lobbying," in accordance with its
instmctions.
3. The undersigned shall require that the language of this eertification be included in
the award documents for all subawards at all tiers (induding subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreement in excess of $100,000)
and that all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite fur making or entering :into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such :fuilure.
Ey:
Print: ............•. " •......••• "',.,., ........................ , ............. ' ..............• --,-.•. ,--~".".~--"""--.. -.-....... _-,_ ...... ,._--
(print Nfllile ofFit'm ~nd Authorized Representative)
Title:
Date:
Agency's letterhead
AG'ENCY N E
DISCLOSURE ABOUT R TED PARTIES
{DATE}
THERE ARE NO BOARD MEMBERS OF THE _-L-(A~GENCY NA!V!B __
WHO HAVE ANY RELATIONSHfP OR HAVE MADE ANY TRANSACTION WITH
.. OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH ---,AGENCY
t~L6MEL~ ____ mmm __ ~._ OPERATIONS.
PUBLIC HOUS!NG AND COMMUNITY DEVELOPMENT (PHCD)
ETHICS COMMISSION DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS
Applicant;
Co-Applicant:
In accordance with Section 2··11.1 Subsection (c), and (d) of the Miami-Dade County Conflict of Interest
and Code of Ethics Ordinance, covered persons defined under 2-11.1 (b) are required to request an Ethics
Opinion if they are seeking to participate in housing assistance programs administered by the PHCD.
Check if any of the foHowingapplies to you:
o l!we do not currently work for Miami-Dade County (no additional action is required).
o l!we am/are a School Board or Federal Employee. These employees are not covered under
Section 2-11.1 of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (no additional
action is required).
o It we amfal'8 an appointed or elected County Official (Ethics Opinion must be sought -
http://ethics.miamidade.govlfrequently-used-forms.asp)
o Ilwe am{are a Miami-Dade County Employee '(Ethics Opinion must be sought-
http://efhics.miamidade.govlfrequently-used-forms.asp).
Please provide the department and division name below:
o lfwe amfg,m immediate famiiy to a Miami-Dade County employee, appointed or elected official.
(*) Immediate family is defined as spouse, domestic partner, parents, stepparents, chifdren and
stepchildren (Ethics Opinion must be sought -http://ethics.miamidade.govlfrequently-used-forms.asp).
.. Please provide the following information regarding the County employee, appointed or elected
official:
Name of employee,
appointed or elected
official:
Department,
Division, or Board:
Signature of
Applicant:
Signature of
Co-Applicant:
Date:
---_ .•.•.. _.--_. __ ._ ........ _--.. _ .. _ ... _-_.
Warning: TJtle 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agency of tile United States Is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
ALCIAMICAlCD/1162414N
Miami~Dade County
Contractor Due Diligence Affidavit
Per Miami-Dade County Board of COU0ty Commissioners (Board) ResoltJlion No. R-63-14, County Vendors and Contractors shall disciose the fonowlng
as a condition of award for any contract that e)(ceeds one million dol!ars ($1,000,000) or that otherwise must be presented to the Board for approval:
(1) Provide a list of all lawsuits in the rNa (5) years prior to bid or proposal submittal that have been filed against [he firm, Its directors, partners,
principals and/or board members based on a breach of contract by lhe firm; include (he case name, number and disposition;
(2) Provide a tist of any instances in the five (5) years prior to bid or proposal submlUal where Ihe firm has defaulted; Include a brief description of
the drcumstances; .
. (3) Provide a list of any instances in the five (5) years prior to bid Of proposal submittal where the firm has been debarred or received a formal
notice of nOll-compliance or non-penormance, sllch as a nolicc io cure or a suspension from participating or bidding for contracts, whether
related to Miami-Dada County or not
All of lhe above information shaH be attached [0 the execuled affidavit and submitted to the Procurement Contracting Officer (PCO)! AE Selecllon
C.oordinaior overseeing this soircilation. The Vendor/Conlrac!or attests to providing all of lhe above information, if applicable, to ille PCO.
Federal Employer
Contract No. : ... ___ .... _.~_~_ ... __ _______ Identification Number (FEIN):
Contract Tltle;
Printed Name of Affiant Signature of Affian!
~---N;ne of Arm
Notal)' Public -Slate of .... _ ______ County of
Subscribed and sworn 10 (or affirmed) before me this , day of, 20
by He or she is personally known 10 mo 0 Of has produced Identificatioo
Type of IdooU1k:aUon produced
Print Of Stamp 0\ Nolary Public Expiration Date
212014
County Construction Sign
(Only areas are subject to change)
Carlos A-Gimenez
Mayor
RebeC<! 50S<!
Chairworrmn
Lynda Bcll
V!C8 Chair
Barbara J. Jordan
DIWict 1
:;e""tM Javier D. Scuto
Disfrid 10
Juan C. Zapata
Dis1Iid 11
J""", UP"p"" Dial:
DlWict12
E;,iehan 130\10, Jr.
Distrid13
Sign is 4' X 8' with 12' post
o Place check mark in box after
location has been marked.
Once location has been marked
submit signage request form
This form to be faxed to:
305-637-1746 or 305-375-1125
Attention: Michael O. Smart
ent signs (In Glfotmd)
Iacement or 0 New
Distt"ict Commissioner
3-10 9 (5)
Check if ARRA Funded 0 Yes 0 No
Must ii1dic:ate Federal Deparlmellt alitd I Or'
State Department if applicable
Sign locatkm address
Plus locatiml of
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT G
FAIR SUBCONTRACTtNG POLICIES
(OrcHnance 91-35)
FA!R 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:
! hereby certify that the foregoing information is true, correct and complete.
10 No:
Address: ___________________________ _
CDf39f31313
ATTACHMENT H
PUBliC HOUSING AND COMMUNITY DEVELOPMENT (P~CD)
SUBCONTRACTOR/SUPPLIER liSTING
(Ordinance 91~104)
Firm Name of Prime COll~ctor!Oeveloper _~ ________ ~.
This form, or a comparable listing meeting the requirements of Ordinance No. 91-104, MUST be completed
by the developers on County contracts for purchase of ~upp!ies, materials or services, including professional
servfces which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable
listing meeting ilie requirements of Ordinaru::e No. 91-104, must be completed and submitted even
though tlH~ developer will not utilize subcontractors or suppliers on the contract. The developer
.N ''ltnould,entcl>thewordDNONEt.' .. underthe .. approflriaie.heading-{)rlAhlsJotm.Jn.cthosocirlstancns.,where,,=.=,~-
no sld.u;onttaclors or suppliers wi!! be used 011 the contract. The developer who is awarded the contract
shall not change or SUbstitute first tier suoc.ontraclors. direct suppliers or the portions of the contract work to
be performed, or materials to be supplied from those identified, except upon written approva! of the County.
I certify that the reprt',sentations contained in this Subcontractor/Supplier Listing are to the best of my knowledge
true and accurate. .
.. ··'_='''''m~m'·N .... __ ~_~.,. __ ~~'NV •. '' ..• '"·.·,,··,
Signature Developer(s) Print Name PrintTitJe
(Duplicate if additional space is needed)
Page 1. of1 C0f40f31415
PUBUC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
Uniform Affidavits
Zip Code
1. MJAMI4)!\DE COUNTY OWNERSIllP DISCLOSURE Ar-FJDAlflT .. ··-(:,>-;c:z:.Ji.l of ihit Miiiillf.Da·dei'50linfY(,'Ode) ....... ..... . ............. .
firms registert.'<1 to do busln",ss with Mlami-Dacia County, shall require the person contracting or transacting such business with
ihe County to disclose under oath his or her full lega! name, and business address. Such contract or transaction shall also require
Ihe disclosure under oath of the full legal name and busine',$ address of al! indMdu;;ls having any inleresl (legal, equitable,
beneficial or otherwise) jn the contract other than subcontractors. materialmen, ~uppliers. laborers or lenders. Post office box:
addresses shall not be accepted hereunder. If the contract or business transaction Is with a corporation !.he foregoing information
shall be provided for each officer aod director and each slockholder holdIng, directly or indirectly. fiVH (5j percent or more of the
outstanding stock In the corporation. If the contract Of business transaction is with a partnersh1p. the foregoing information shall
be provided for each partner. If the contract or business transaction is with a trust, the foregoing information shall be provided for
the trustee and each beneficiary of the trust The foregoing disclosure requirements shall not apply to contrads with publicly-
traded corporations, or to contracts with the United States or any department or agency thereof, the Slale or any political
subdivision or agency thereof. or any municipality of this State. Use dlJpUcate page if needed for additional names.
If flO officer, director or stockholder owns (5";';) Of more of stock, please wrife "None" below.
-..
AODRESS
,g ji M F tl
'" .~ D,.~
'" -.. .,~ ~ TI .. 0="0
"-we: j~ ~ " f ~~ ii'i
fULL LEGAL NAM~ nnE.
.".~.~--.-~-. . ~~~.~ -" ._-
Page 1 ofE! CD/42/31.413
a;
5
PUBLIC HOUSING AND. COMMUNITY DEVELOPMENT (PHCD)
A IT ACHMENT E
AFFIDAVITS
Uniform Affidavits
2. MIAMi-DADE COUNTY EMPLOYM£NT D1SCLOSUR£ AFFIDAVIT
(County Ordinance No. 90·133, aroondlng SE1Cfion 2.8-1 (d) (2) of the Miami-Dade COI.Jlliy Code)
The following information is forcompfianoo with all Items in the aforementioned Section:
1. Does your fum have a ~lIectl\le bargaining agreement with its employees? ¥es No
2. Does your firm provide paid health care benefits for its employees? Yes No
3. Provlda a current breakdown (number ur persons) in your firm's work force indicating race, national origin and gender.
' __ "",,M>' .~. .---.~~
NUMBER OF EMPLOYEES
MEJ:fiJ§
3. MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDA VIr
(Section ;Z-8.1.2(b) of the Mfami-Dade County Code)
E.§m?L~
" ~-J
Total Employees
All persons and entities that contract with Miamf.-Dade County are required to certify that they will maintain a drug-free workplace
and such persons and entities are reqUired \0 provide notice to employees and impose sanctions for drug violations oc:CUrring in
the workplace.
In compliance with Ordinance No. 9245 of the Code of Miami-Dade County, the above named firm is providing a drug-free
workplace. A writfen statement to each employee shall inform the employee about:
j. Dang"'f of drug anus« in the workplace
2. 111<\ firm's polky of maintaining a drug-fi'ee environment at all work places
3. Availability of drug counseling. rehabilitation and employee assistancn programs
4. Pnnallles that may be Imposed upon employees for dwg abuse violations
The firm shall also require an emp'oYlli~ to siun a sM"'If,ent. as a condition of employment that the employee will abide by the
lenns of UW dn.l9"fme workplace policy and notify ttle employer of any crirnin"l drug GOfwk:tion occulting no lalr,r than five (5)
drlYS alter recdving noticn of such conviction and impose appropliaie personnel action against the employee up to and illci'ld1llg
termination, Films rnay also comply with the County's D!i.lq Free Workplace CElltific:.4lion where a person or enOty is requirc>d to
have e dnJg-free wOIkplace polir,y by another local, state or federal agency. Of fWllnlains such a polk;y of its own acc()rd and mlt'.h
policy meets Ihe inlen! of this ordinance.
4. MIAMf-DADE COUNTY D1SASlUTY AND NON·DiSCRIMINATION AFFIDAVIT
(Miele 1, Section 2-8.1.5 Resolution R-182-OO Amending R-385-95 of fhe Miami-Dade County Code)
firms transacting busIness with Miami-Dade County shall provide an affidavit Ind~Ung compllanoo with all requirements of the
Americens with Disabilities Act (A.D.A.).
I, state that this firm. is in compliance with a~d agrees 10 (Dfltinue to comply with, and assure that any subcontractor, orthird party
contractor shall comply with all applicable I!lquircmen!s of the laws Including, but not limited to, those provisions pertaining to
employment.. prOVision of progfllll1S and s0IVices, transportation, communications, access to facilities, renovations, ano new
construction.
The Amerlcan with Disabilities Act of 1990 (A.DA), Pub. L. 101-336, 104 Stat 327, 42. U.S.C. Sections 225 and 611
including Titles I, n, IU, IV Ilnd V.
The Rehabilitation Act'of 1973,29 U.S.C. Section 794
The Faderal Transit Act, as amendoo,49 U.S.C. Section 1612
The Fair Housing Act as amended, 42 U.S,C. Section 3601·3531
Pagelof9 CD142131413
PUBUC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
L~I!qlJtP.YJ!tflLm.,tlJfJ,U~?'(1],l(l,c;g[1JJ]Jjy!1c:.?iyjJ!Lfjl(t (;QIQ~JAlrtl~:
Section 2-10.4(4)(8) of the Code of Miaml-Dada County (Onlfmmca No. 82-37), which requires Ihal all properly licensed
architectural, engineering. landscape arcnltectural, and land surveyors have an affirmative llcllon plan on file with Miami-Dade
County
SeciJon 2-E$.1.5 of the Code of Mmmi-Dade County, which requires that firms that have annual gross revenues in excess offfve
(5) million dollars have an affirmative ec1ion plan and procurement po/icy on fifo with Miami-Dade County. Rrms that have 8
Board of Directors thai are representative of the population make-up of the nation may be exempt.
5. MIAMi-DADE COUf.!TY DEBARMEf.!T mSCLOSURE AFFIDA VlT
(Section 10.38 of ihe Miamf-Dacie County Code)
FIrms w!shfng to do business with Mlaml-Dade County mllst certify that it's contrectors, subcontractors, officers, principals,
stockholders, or afflllates are not debarred by the County before submitting a bid.
I, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Mlami-
Dade County.
6. MIANfl.DADE COUNTY AFFIDAVIT REtA TlNG TO JNDfVfDUALS AND EN TinES A ITES17NG BEING CURRENT IN THEIR
OBUGA nONS TO MIAMI-PADE COUNTY
(Ordinance 99-162, amendlng Seelion 2-8.1; Ordinance 00-30. amending Section 2-8.1 (e), and Ordinance 00-67, amending Z..:fI.1
(h), of the Miami-Dade County Code)
F1rms wishing to transact business with Miami-Dade County rnust certify that all delinquent and currently due rees, taxes and
parking tickets have been paid and no Individual or entity in arrears in any payment under a contract, promissory note or other
document with the County shall be allowed 10 receive any new bUSiness.
I, confirm thai aU delinquent and currently due fees Of taxes including, but not limited to, real and personal property taxes.
convcntionand tourist development taxes, utility taxes, and Local Business Tax Receipt collected in the normal course by the
Miami-Dade County Tax Collector and County Issued parking tickets for vehicles registered in the name of Iha above firm, have
been paid.
7. MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT
(Aroda 1, Section 2-8.1 (i) of the Miami-Dade County Cooe through (8) and (9) of the County Code and County Ordinance No 00-1
amending Section 2-11. 1 (c) of the County Code)
FIrms wishlnn 10 lransac! bUsiness with Miami-Dade CQunty must certil)' that it has adopted a Coos that complies with the
requimrnent,; {If BodioD :Hl.1 of the County Code. The Code of Business Ethics shall apply to aU business that the contractor
does wilh the (Alunfy C.M shall, at a minimum; require the contractor to comply with all app!fcable governmental rules and
regUlations.
I confirm that this 1ifTl1 has adopted a Code of business ethics which complies with the requirements of Sections 2-8.1 of the
County Code, and that such code of business ethics shall apply to all business that this firm does with the County and shall, at a
minimum. require the contractor to comply with ail applicable governmental rules and regulations.
8. MIAMf-DADE COUNTY FANI1L Y LEA VE AFFIDAVIT
(Article Vof Chapter 11, ofilia Miami-Dade County Code)
Firms contracting business with Miami-Dade County, which have more than fifty {50} employees for each working day dUring
each of twenty {20} or more work weeks In the current or preceding calendar year, are required to certify that they provide family
leave \0 their employees.
firms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter
(signed: by an authorized agent) that it does not hal/e the mInimum number of employees required by the County Code.
I confirm that If applicable, this firm complies wlth Article V of Chapter 11 of the County Code, which requires that firms
contracting bUsiness with MlamI·Dade County which have more than fl1ty (50) employees for each woli\lng day during each of
twenty (20) or more work weeks in the current or preoedlng calendar year are required to certify that they proVide famUy leave to
Page 30f9 CDf42.131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENTE
iheir employees.
9. MIAMf-DADE COUNTY LNfNG WAGE' AFFiDAVIT
(Section 2-8.9 of the of the Miaml-Daoo County Code)
AFFIDAVITS
All applicable contractors entering into a contract with the County shall agree to pay the prevailins Uvlng wage required by Ihls
sectlon of the County Code. .
I confirm that tf applicable, this firm compiles with Section 2-8.9 of the County Code, which requires that all applfcable employers
entering a contract with Mi3mi-Oade County shall pay the prevailing living wage requirEKi by the section of the County Code.
1f1. MIAfAr-DADE' COUNTY DOMESTIC LEAVE' AND Rf3POR.TING AFFIDAVIT
(Article 8, Section 11 A-60 -11A-57 of the ofilia Miami-Dade County Code)
Firms wishing to transact bUsiness with Miami-Dade County must certify that it is in compliance with the Domestic Leave
Ordinance.
I confirm that if applicable, this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have,
in the regular course of bus1ness. fifty (50) or more employees working in Miami-Dade County for each working clay during the
current or preceding calendar year.
11. MIAMt-DADE COUNTY CRIMINAL RECORD AFFIDAVIT
(Section 2-8.6 of the Miami-Dade County Code)
The Individual Of entity entering into a conuact or receiving funding from the County __ has __ has not as of the date 01
tllis affidavit been convicted of a felony during the past ten (10) years.
An officer, director. or executive of the entity entering into a contract or receiving funding from the County __ has __ has
not as ofthi& date been convicted ofa felony during the past ten (10) years.
Sworn to and subscribed before me this ~_.~ __ day 20 __ .
Personally
Or produced identification ~~, ... __ ..... _ ........ __ , .. __ Notary PubHc-State
<--w· __ ""~,_~ __ • __ ~,······,·~,~~~
(Type of identification)
Page40fS CDf4213i413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
AFFIDAVITS
SWORN STATEMENT PURSUANT TO SECTlON 281.133 (3) (a)
,FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
A IT ACHMENT E
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
-~,--~.,..~-.~.-~-,,-.-~--.-~.-.-.. -
(Print name of entity submitting sworn statement)
and jf applicable its Federal Employer Identification Number (FEIN) is ______ ~<. If the entity
has no FEIN, inducte the Social Security Number of the individual signing this sworn statement
2.-I understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes, means a
violation of any state or federal taw by a person with respect to, and directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the United
States, including, but not limited to any bid or contract for goods or services to be provided to public entity or
agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, coIlusion, racketeering, conspi~acy, or materia! misinterpretation.
3.-( understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in a federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere.
4.-1 understand that an "Affiliate'; as defined in paragraph 287.133 (1){a), Florida Statutes means:
a) A predecessor or {;UGcessor of a person convicted of a public entity crime or;
b) An entity under the Gontro! of any natura! person who is active in the management of the entity and who
has been convided of H public entity crime. The term 'affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by Doe person of shares constituting a controlling Interest in
another person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 moths shall be considered an affifiate.
5.-I understand that a 'person" as defined in paragraph 287.133 (1}(e), Florida Statutes, means any natura!
person or entity organized under the laws of any stale or of the United States within the legal power to enter
into a binding contract and which bids or applies to bid on contracts fur the provision of goods or entity. The
term "person" includes those officers, executives, partners, sharehOlders, employees, members, and agents
who are active in management of an entity.
Page 50f9 CDJ42i314i3
PUBliC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATIACHMENTE
Uniform Affidavits
6,-Based on information and bellef, the statement which I have marked below is true in relation to the entity
submittlog this sworn statement. (Please Indicate which statement applies)
_____ Neither the entity subrnitling sworn statement, nor any of its officers, directors, executives, partners,
shareholders, ernployees, members, or agents who are active in the management of the entity, nor any affiliate
01 !ilf~ entity has been charged with and convicted of 8 public entity crime subsequent to July 1, 1989.
_____ The entity submitting this sworn statement, or On8 or more of its ameen,. directors, executives, partners,
sharei1olders, employees, members, or agents who are active in the management of the entity, or an affiliate of.
the entity, or an afJ1!!ate of the entity had been charged with, and convic.ied of a public entity crime subsequent
to ,Ju!y 1, 19B9, AND (please indicate Which additional statement applies).
_____ , The entity submitiing this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, (~rnployees. members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a
Hearin9 Officer of the Stale of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Oliicer determined that it was not in the public interest to place the entity submitting this sworn
statement On the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN P.ARAGRAPH "1 (ONE) ABOVE [S FOR THAT PUBLIC ENTlTY ONLY AND
THAT THIS FORM IS VAUD THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT! AM REQUIRED TO lNFORM THAT PUBLIC ENTI1Y PRIOR TO ENTRING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTiON 2B7.017
FLORIDA STATUTES FOR A CATEGORY "TWO OF ANY CHANGE IN THE !NFORMATION CONTAINED IN
THIS FORM.
Sworn to and subscribed before me this _""___ _ ... day
Personally known, _______________ ~.~ ___ ,
_. My commission expires ............. ~~_.~ ____ .. _
(Type of identification)
PageS ofS CDf42f314i3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
Uniform Affidavits
AfFIDAVIT OF FiNANCIAL AND CONFLICTS OF INTEREST
1.-Do you have any past due financial obligations with Miami-Dade County?
Single Family House Loans
Multi-Family Housing Rehab
CDBG Commercial Loan Project
U.S.HUD Section 108 Loan
Other HUD Funded Programs .
Other (liens, fines, loans, occupational licenses, etc.)
YES
2.-Do you have any past due financial obHgations with Miami-Dade County?
If YES, please explain:
NO
3.-Are you a relative of or do you have any business or financial interests with any elected Miami-Dade County
official. Miami-Dade County Emproyee, or Member of Miami-Dade County's Advisory Boards?
NO __ _
If YES, please explain:
Any false information provided on thIs affidavit wi!! be reason for rejection and disqualification of your project{unoing request to Miamf-Dade
County
The answers to the foregoing questions are correctly stated to the best of my knowledge and belief.
By: __ ", __ ~ ___ .. _~ __ . __ ..... " ..... _~ __ ,.
(Signature of Applicant)
Sworn to and subscribed before me this __ . __ . ____ day
Personally
Or produced identification __ . ______ .. _ .. ____ .. ___ Notary Public-State
Page '7of9 CD!42(31413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
Uniform Affidavits
COLLUSION AFFIDAVIT
(Code of Miami~Dad6) County Section 2AJ.1.1 and 1()~33.1) (Ordinance No. 08-113)
BEFORE ME, A NOTARY PUBLIC, personally appeared ___ " """"""_~_'_""'""""""_ who being duly
swom states: 0nsert name of affiant)
I am over 18 years of age, t)ave personal knowledge of the facts stated in this affidavit and I am
an owner, officer, director, princlpal shareholder and/or I am othelWise authorized to bind the bidder of
thiscontract-"-" ' -'"-'--"'''',
I state that the bidder of this contract
[] Is not related to any oj' the other parties bidding in the competitive solicitation, and that the
r.1)ntraciors proposal is t'Jenuine and not sham or collusive or made in the interest or on behalf of
any person not theffzin named, ~!(ld that the contractor has not, directly or indirectly, Induced or
solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to
refrain from proposinrJ, and that the proposer has not in any manner sought by collusion to secure
to the proposer an advantage over any other proposer. .
OR
0-is related to the following parties who bid in the solicitation which are identified and listed below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contrad
award. In the event a recommended contractor identifies related parties in the competitive solicitation its
bid shall be presumed to be collusive and the recommended contractor shaH be ineliglb!e for award
unless that presumption is rebutted by presentation of evidenc(;! as to the extent of ownership, control
and management of such related parties in the preparation and submiti:C1i of such blds or proposals.
Related parties shall mean bidders or proposers or the principals. corporate officers. and managers
thereof which have a direct or indirect ownership interest in another bidder or proposer for the same
agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a
direct or indirect ownership interest in another bidder or proposer for the same agreement. Bids or
proposals found to be collusive sha!! be rejected.
By:
Signature of Affiant
Printed Name of Affiant and Title
Date
_'_-_1_1_'_'_'_1_1
Federa! Employer Identification Number
Printed Name of Firm
Page 8 ofS CDf4213i413
PUBUC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
AITACHMENT E
Uniform Affidavits
SUBSCRIBED AND SWORN TO (or affirmed) before me this ___ day of ___ , 20_
HeiShe is personally known to me or has presented __ "_""" ""'_""""~_""'_'" ,_"_"""",,, ___ "'''''''''',,'' as
identification.
--"SignatUre of Notary"---'--
Print or Stamp Name of Notary
Notary Public -state of __ _
Page 9 ofS
Type of identification
Serial Number
Expiration Date
CDf42131413
DEVELOPER'S AfFIDAVIT THAT MIAMI-DADE COUNTY TAXES,
fEES AND PARKING TICKE.TS HAVE. BEEN PAiD
(Section 2-8.1 (0) of the Code of Miami-Dade County. as amended by Ordinance No. 00-30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h) of the Code of Miaml-Dade County, as amended by Ordinance No.00-67)
I, ___ m~",~ __ ,",_,_,,", ___ ,,~ ___ ,, __ ,,_," ___ ' being first duly sworn, hereby state and certify that the
foregoing statements are true and correct
t That I am the Developer (if the Developer is an individual). or the , .. , ..... ~_ .. _" ...... '"" __ ,~ __ ._ .. (fiH in the title of
the position held with the Developer) of the Developer.
2. That the Developer has paid all delinquent and currently due fees or taxes (including but not limited to,
real and personal property taxes, utility taxes, and occupational taxes) collected in the normal course by
"the. Miam i::Oade CountyT axC.Q!!!;1cipf. .9JKlJ;}2uqty .. i~;sJJj;~~t P9r~il]g.!k~QJs.. fQL\,iehiq:!t;;$ J?gistl':lCf;:sLir1.the.
name of the above developer. have been paid.
3. That the Developer is not in arrears in excess of the enforcement threshold under any contract. finat
flon--appeasable judgment, or lien with Miarni--Oade County, or any of its agencies or instrumentalities,
includlng the Public Health Trust, either directly or indirectly through a firm, corporation, partnership or
joint venture in which the Developer has, a controlling financial interest. For purposes hereof, the term
"enforcernent threshold" means any arrearage under any individual conlrad, non·appeal able jud9ment,
or lien with MiamiMDade County that exceeds $2(5,000 2nd has been delinquent for greater than 'H30
days. For purposes hereof, the term ~controlling financial interest" means ownership, directly or
indirectly, of ten percent or more of the outstanding cnpital stock in any corporation, or a direct or
indirect interest of ten percent or more in a firm, partnership, or other business entity.
Signature
1111111/11 f
FederalEmployer IdentlficatioflNumber
Printed Name of
Address of Firm
SCRI8ED AND SWORN TO (or affirmed) before me this __ day
He/She is personally known to me or has presented
as identification .
. ~,~~--,-,~~--~ .. ~-~--
Signature of Notary
Print.pr'Stamp Notary Date
Notary Public-State of ,.. . __ ~ Notary Sea!
CERTIFICATION REGARDING LOBBYING
Certilication for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge aud belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress.
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract. grant, loan, or
~.~?p~r~tive:~1ill~ment.
2. If any of the funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
t1D1ployee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement,. the undersigned shall complete and submit Standard
Form. LLL, "Disclosure FOTIn to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all sub awards at all tiers (including subcontracts, subgrants.
and contracts under grants, loans, and cooperative agreement in excess of $100,000)
and that all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation offac! upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to flie the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
By:
(Signature
Title:
Date:
Agency's letterhead
A 'ENCYNA E
DISCL SURE ABOUT RE TED PARTIES
{DATE}
THERE ARE NO BOARD MEMBERS OF THE ._,,_~"18GI;J~tQYJ:!8JVI!;t~ ___ , ..... ~~_.
WHO HAVE ANY RELATIONSHfP OR HAVE MADE ANY TRANSACTION WITH
'. OTH.ER ENTITI THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY
NA.Ml;.L~" .. "." ... _ ... _~ ... OPERA TIONS.
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ETHICS COMMISSION DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS
Applicant:
Co-Applicant:
In accordance with Section 2-11.1 Subsection (c), and (d) of the Miami-Dade County Conflict of Interest
and Code of Ethics Ordinance, covered persons defined under 2-·11.1 (b) are required to request an Ethics
Opinion if they are seeking to participate in housing assistance programs administered by the PHCD.
Check if any of the following applies to you:
o l!we do not currently work for Miami-Dade County (no additional action is required).
o l!we amfare a Schoo! Board or Federal Employee. These employees are not covered under
Section 2-11.1 of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (no additional
action is required).
D ffwe am/are an appointed or elected County Official (Ethics Opinion must be sought -
http://ethfcs.miamidade.govlfrequently-used-folms.asp)
o !/we am/are a Miami-Dade County Employee ·(Ethics Opinion must be sought-
htfp:llethics.miamidade.govlfrequently-used-forms.8sp).
.. Please provide the department and division name below:
o l!we am!~ immediate family to a Miami-Dade County employee, appointed or elected official.
(*) Immediate family is defined as spouse, domestic partner, parents, stepparents, children and
stepchildren (Ethics Opinion must be sought -http://ethics.miamid8de.govlfrequently-used-forms.asp).
" Please provide the following information regarding the County employee, appointed or eleded
official:
Name of employee,
appointed or elected
official:
Department,
Division, or Board:
Signature of
Applicant
Signature of
Co-Applicant:
Date:
Waming: TTtIe 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agern:y of the United Slates Is guilty of a felony. Stale law may also provide penalties for false or fraudulent siatements.
ALCIAMICNCD/1/62414N
Miami~Dade County
Contractor Due Diligence Affidavit
Per Miami-Dade County Board of County Commissioners (Board) Resolution No. R-63-i4, County Vendors and Contractors shall disclose the following
as a condition of award for any conlract that exceeds one million dollars {$1 ,DOD,OOO} or thai otherwise must be presented to the Board for approval:
(1) Provide a list of aJllawsuits in the five (5) years prior to bid or proposal submitlalthat have been filed against the firm. its directors, parlners,
principals andlor board members based on a breach of contract by the firm; include the case name, number and disposition;
(2) Provide a list of any instances in the five (5) years prtor to bid or propos'al submittal where the firm has defaulted; include a brief description of
the circumstances; .
(3) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has been debarred or received a formal
notice of non-compliahceor non-performanCe, such asa notice to cure or a suspensionfrorn participating or bidding for contracts, Whether
related to Miami-Dade County or not.
All of the above information shall be attached to the executed affidavit and submitted to the Procurement Contracting Officer (PCO)/ AE Selection
Coordinator overseeing this solicitation. The Vendor/Contractor attests to providing all of the above information, if applicable, to the PCO.
Federa! Employer
Contract No. : ~~ __ ...... ~ ....... _ Identification Number (FEIN):
Contract Title;
Siale
Notary Public Information
Notary Public -State of ..... _ Countyof
Sl1bscrlbed and sworn fo (or affirmed) before me this 20
by He or she is personally known to me 0 or has produced Identification
Type of Identificatlon produced
Serial Numbe;~
Notary publlc Seal
212014
PUBLIC HOUSJNG AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT G
FAiR SUBCONTRACTlNG POLICIES
(Ordinance 91-35)
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 and complete.
10 No:
Address:
CDf39/31313
ATTACHMENT H
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
SUBCONTRACTORlSUPPUER LISTING
(Ordinance 91~104)
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed
by the developers on County contracts for purchase of supplies, materials or services, including professional
services which involve expenditures of $100,000 or more, and aU developers on County or Public Health
Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable
Hating meeting the requirements of Ordinance No. 97-104, must be compieted and submitted even
though the developer wi!! not utilize subcontractors or suppliers on the contract. The developer
should -entertha worrl..!:'NONE'Lundedho-appl'Opriaia -heading-on"thistOlminthosa-jnstiln~s where
no subcontractors or suppliers will be used on the contract. The developer who Is awarded the contract
shall not change or substitute first tier subcontractors. direct suppliers or the portions of the contract work to
be performed. or materials to be supplied from those identified, except upon written approval of the County.
,'-~---".. -'-''''''''''-'''''''-.-.. '.-'.-<--.''---t--~,,-,,---·,-·--,,--------,---,--,-,,""'" ··i----,,----"'-·
~---.-.-.--.-.---,------!----'''-,-'''''-''''--, .... ".-,--"."-""--{-,--,-,-.-----------,---."-",, .... ,'-"'-,, ......... _m_"<m_· 1···-:·",,,--·-1·--·-·· .. ,·-· .. , .. ,· .. , .. '1
--,--."-,,.----'" ·",---I--........ '''-----, .. ''·-,-"'''---+~--·-·,---.. ·---··,,-.. '''· .. ~-.. ,-··-·1--.. ·-·<,··4---·--!
------+-__ J , ...... , .... ,', .. ,"', .. _,---"_._+-------._"-,._------{_ ... " .. -_._-,,---,--,,----"'--,-"-_ ....
.. ,---, .... ------_.,,, ..... _._--
I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge
true and accurate. '
--,~"'",.---~.~"-~-~-""~=.~---~"¥,,'" .... ,,.,."'"
Signature Developer(s) Print Name Print Title
Date
--... "' ... -.... ~ .. -"' .. "'~~--~--::-----
Authorized Representative
(Duplicate if additional space is needed)
Page 1 ofi CDf40/314i5