15SoutrJJiami
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
AMOUNT:
ATTACHMENTS:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Agenda Item No.:15 December 15, 2015
A Resolution authorizing the City Manager to execute FY 2015
Community Development Block Grant agreement with Miami-Dade
County Public Housing and Community Development (PH CD) for
the After School Programming Support.
The City of South Miami was awarded funding for the After School.
Programming Support (Project) under the Community Development
Block Grant (CDBG) Program in a total amount of $2,000 through
Miami-Dade County, Public Housing and Community Development
(PHCD). The grant will provide funding for desks and bookshelves
for the City of Sputh Miami's After School Program.
The grant period begins on October 1, 2015 and ends on
December 31,2015.
$2,000.00
Grant Contract
1 RESOLUTION NO. __ _
2
3 A Resolution authorizing the City Manager to execute FY 2015 Community
4 Development Block Grant agreement as well as loan documents and other
5 documents required by the agreement with Miami-Dade County Public
6 Housing and Community Development (PH CD) for the After SchQol
7 Programming Support.
8
9
10 WHEREAS, the Mayor and City Commission desire to accept the grant of a loan in the
11 amount of $2,000 from Miami-Dade County administered by and through its Department of
12 Public Housing and Community Development (PHCD) that may be forgiven if all conditions are
13 met; and
14
15 WHEREAS, the Agreement will provide funding for desks and storage furniture for the
16 After School Program; and
17
18 WHEREAS, 'the grant period begins on October 1, 2015 and ends on December 30,
19 2015.
20
21 WHEREAS, the Mayor and City Commissioners desire to have the City Manager
22 execute the grant agreement in an amount of $2,000;
23
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
26 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
27
28
29 Section 1: The City Manager is hereby authorized to execute the grant agreement, loan
30 documents and any related documents required by the agreement with Miami-Dade County
31 Department of Public Housing and Community Development (PHCD) for the After School
32 Programming Support in the amount of $2,000. The grant agreement is attached to this
33 resolution.
34
35 Section 2: Severability. If any section clause, sentence, or phrase of this resolution is for
36 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
37 not affect the validity of the remaining portions of this resolution.
38
39 Section 3. Effective Date. This resolution shall become effective immediately upon
40 adoption by vote of the City Commission.
41
42
43 PASSED AND ADOPTED this __ day of ,2015.
44
45 ATTEST: APPROVED:
46
47
48 CITY CLERK MAYOR
49
50 READ AND APPROVED AS TO FORM Mayor Stoddard:
51 LANGUAGE, LEGALITY AND Vice Mayor Harris:
52 EXECUTION THEREOF: Commissioner Edmond:
53 Commissioner Liebman:
54 Commissioner Welsh:
55
56 CITY ATTORNEY
2
Resolution Number: # R-925-15
Duns Number 024628976
Awarded Amount $2.000.00
CDBG 2015
Non-Profit
FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
City of South Miami
This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami-Dade County, a
political subdivision of the State of Florida, hereinafter referred to as "Countt and After School Programming Support.,
hereinafter referred to as "Awardee" and having offices at 6130 Sunset Drive 1 South Miami. FL 33143. and telephone
number of (305) 668-2510 states conditions and covenants for the rendering of Community, Economic or Housing
activities hereinafter referred to as "Activity or Activities" for the County through its Public Housihg and Community
Developmenthereinafter referred to as "PHCD," and having its principal offices at 701 N.W. 1 Court, 14th Floor, Miami,
Florida 33136, collectively referred to as the "Parties,"
WHEREAS, the Home Rule Charter authorizes Miami-Oade 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 appropriated of $2,000.00 CDSG funds (plus any Program Income awarded by
the Board of County Commissioners, which shall be added to the Contract by Amendment) to the Activity After School
Programming Support, located at 5800SW 66 Street South Miami FL 33143. All CDBG funds, except those awarded
to County Departments and municipalties, are awarded in the form of a loan that is forgivable if the national
objective is met pursuant to the terms and conditions set forth herein, including but not limited to Section II, W(2)(a)(1)-
(2); and
WHEREAS, the Awardee shall carry out the Activities defined and set forth in AUachment A, "Scope of
Services", in Miami-Dade County or the focus area(s) of the county. This contract effective start date is October 1.
2015, and shall expire on December 31, 2015.
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as
follows:
I. DEFINITIONS
PHCD
24 CFR Part 570 -CDBG
Regulations
Awardee
Community Development
Corporation
Local
Public Housing and Community Developmentor its successor
Department.
Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended -Community
Development Block Grant.
Recipient of CDBG funds from Miami-Dade County.
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
Lowwand 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
II. THE AWARDEE AGREES,
A person or family whose annual income does not exceed 80% of the
median income for the area, as detennined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
A person or family whose annual income does not exceed 50% of the
median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Any and all books, records, documents, information, data, papers,
letters, materials, electronic storage 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 real property as descibed by legal description in any loan
documents executed between Awardee and the County and any real
property of Awardee or Related or Affiliated Entities <as defined herein)
acquired or improved upon with funds awarded pursuant to this
Agreement or on which funds awarded pursuant to this Agreement are
anticipated to be used.
PHCD's Policies and Procedures Manual flk/a Contract Compliance
Manual may be viewed and downloaded at
htlp:/Iwww.miamidade.gov/housing/community-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 "A1) 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 N.W. 1 Court, 14th fioor, Miami. Florida 33136, relevant
certificate(s) of Insurance. in compliance with 24 CFR 84.31 and 24 CFR 84.48 as applicable.
evidencing insurance coverage as detailed in Attachment B~1(A}. The effective coverage start date
of applicable insurances shall not be later than the date of the Agreement execution and shall be
approved by Miami-Dade County's 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 shall be responsible for ensuring that the insurance certificates required in conjunction
with this subsection remain in force for the duration of the Agreement period, including any and all
option years, 1f applic",ble. In the case of construction and major rehabilitation activities, the Awardee
must have the coverage cited in Attachment B-1(A) of this Agreement at the time that it begins
construction on the project. If the insurance certlficates are scheduled to expire during the
Agreement period, the Awardee shall be responsible for submitting new or renewed insurance
certificates to the County at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed certificates
are received by the County in the manner prescribed in the requirements; provided, however, that
this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty
(30) calendar days, the County may, at its sale discretion, terminate the Agreement. Prior to
execution of the Agreement by the County and commencement of the contracted services, the
Awardee shall obtain all insurance required under this Section and submit same to the County for
approval. All insurance shall be maintained throughout the term of the Agreement.
D. Indemnification
The County shall not assume any liability for the acts, omissions to act or negligence of the
Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts,
omissions to act, or negligence arising out of the Awardee's performance pursuant to this
Agreement. The Awardee shall indemnify and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees
and costs of defense, which the County or its Officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of. relating t6 or resulting from the performance of this Agreement by the Awardee or its
employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all
claims and losses in connection therewith and shall investigate and defend al[ 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
immunrty by the County nor shall anything herein be construed as consent by the County to be sued
by third parties in any matter arising out of this Agreement. Nothing herein shall be construed to
extend the County's liability beyond that provided in section 768.28, Florida Statutes. The provisions
of this section survive the tennination or expiration of this Agreement.
E. National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be
required to achieve the national objective of 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 sale 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") for repayment of the federal funds loaned to Awardee pursuant to
this Agreement in the event that HUD determines that Awardee has failed to meet the national
objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS,
PURSUANT TO THIS AGREEMENT ANDIOR THE PROMISSORY NOTE, IN THE EVENT THAT
Page 3
HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The
County shall have all rights and remedies in law and equity to seek repayment of funds loaned to
Awardee pursuant to this Agreement.
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 PHeD. These will be used for monitoring progress, performance, and compliance with
this Agreement and for compliance with applicable County and Federal requirements.
1. Certificates of Insurance
The original certificates, as set forth in Attachment B.l{A) shall 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.
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, including but not limited to
Attachment A and Attachment A-l.
The Awardee shall ensure that PHCD receives each report in triplicate (or as
indicated) no later than 10 days after the quarter ends.
The Awardee shall submit to PH CD a cumulative account of Its activities under
this agreement by completing the following portions of the Progress Report Form:
Section 1-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 III • Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments andlor delays encountered during
the implementation of the project and an unduplicated count of clients served
during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation projects
shall report on the progress of their activities including the number of housing units
completed and occupied by low-moderate and low income residents. The
Awardee shall also report demographic information on each head of household.
Each goal and corresponding objective{s), as indicated in the approved Scope of
Services, must be addressed as part of this report. Awardees 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.
50% and 70% Benchmark Reporting: At the time Awardee has been paid or
othelWise received fifty percent (50%) and seventy percent (70%) of the
Agreement Funds, Awardee must report --on the next progress report due .-and
submit documentation to show sufficient to show that Awardee has accomplished
50% and 70%, respectively, of the Activities described herein. For Awardees
engaged in construction andlor 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. Awardees 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 111-Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report) -The Awardee shall report to PHCD the number of business activities
involving minority vendors, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in Attachment
C, and when applicable Section 3 in the same Attachment shall be completed
semiannually by the Awardee and submitted to PHCD no later than 10 days after
the first and third quarter.
Section IV -Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) -The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from federally
financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be submitted using the
Progress Report Form attached hereto as a Section In Attachment C, as it may
be revised. This section of the form shaJi 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 10 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
fulfill 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 quarterly reports as to the amount of Agreement monies received from the
County and the amounts thereof that have been paid by the Awardee directly to
Black, Hispanic and Women-Owned businesses performing part of the contract
work.
Additionally, the listed businesses are required to sign the reports, verifying their
partiCipation in the contract work and their receipt of such monies. For purposes
of applicability, the requirements of this resolution shall be in addition to any other
reporting requirements required by law, ordinance or admInistrative order.
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 6
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 shaH describe the
progress made by the Awardee in achieving each of the National Objectives identified in
Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal
year 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
shan 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 indude
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. Environmental Review -The Awardee immediately upon locating or determining a site for
each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall
submit information detailing the location of each site for which a Site Environmental
CondITions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D, "Information for Environmental Review Form."
Notwithstanding any proVision of this Agreement the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or site
approval. and that such commitment of funds or approval may occur only upon satisfactory
completion of environmental review and receipt by the County of a release of funds from
the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The
parties further agree that the provision of any funds to the project is conditioned on the
Gountv's determination to _proceed with, modify or cancel the project based on the results of
a subsequent environmental review.
5. Audit Report -The Awardee shall submit to PH CD 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, eic. Such information shall be submitted to PHCD
within 30 days of the execution of this Agreement.
7. Inventory Report -The Awardee shall report annually all nonexpendable personal and real
property purchased with COSG funds from this and previous agreements with the County
as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan -The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties -At the time of contract execution, or at any other
time at the request of the County, Awardee 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 sale 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, Reporting on financial Status, Bankruptcy, Real Property or Personal Property -Awardee
shall notify the County in writing within ten (10) days of the occurrence of any of the
following as to Awardee or any Related or Affiliated Parties:
a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default,
late payment regarding any property of Awardee or Related or Affiliated Parties,
including properties not related to this Agreement. Awardee shall also provide the
County with a copy of all court filings, notices of default, arrearage or late
payment, or any other documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for which
the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all1he terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and shall
entitle the County to seek any and all remedies available at law, equity and pursuant to this
Agreement.
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid orwill be paid,
by or on behalf of the undersigned, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of
any federal Agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative Agreement, and the extension, continuation, renewal,
amendment, or modification of any federal Agreement. grant, loan, or cooperative
Agreement.
2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, ParajJraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity,
H. Federal, State, and County Laws and Regulations
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 all other local, State and Federal directives, ordinances, rules,
orders, and laws relating to people with disabilities. The Awardee will also comply with
OMB A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures
specified in PHCD's Policies and Procedures Manual found at
http://l.NWW.miamidade.gov/housingfcommunity-development-asp 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, applicable to non-discrimination in employment, housing and public
accommodation, and in accordane with 24 CFR 570.607.
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 sale 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 Viol the Civil Rights Act of 1964, as
amended, which prohibits discrimination on the basis of race, color, or national origin; the
Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of
age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063
which prohibits discrimination in housing on the basis of race, color, religion, sex, or
national origin; Executive Order 11246, as amended which requires equal employment
opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163)
which requires mandatory standards and policies relating to energy efficiency. The
Awardee also agrees to comply with the Domestic Violence Leave codified as 11 A-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 terms of this Agreement is in excess
of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations,
issued pursuant to Section 306 01 the Clean Air Act of 1970 (42 U.S.C. 7401,1857 h), as
amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section
508 01 the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations
(40 CFR Part 15 ,50); 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 term 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 induding but not limited to, those provisions
pertaining to employment, provisions and program services, transportation,
communications, access to facilities, renovations, and new construction.
Page 8
8. Affirmative Action/Non-Discrimination of Employment. Promotion. and Procurement
Practices (Ordinance #98-30) -All firms with annual gross revenues in excess of $5 million,
seeking 10 contract with Miami-Dade County shall, as a condition of award, have a written
Affirmative Action Plan and Procurement Policy on file with the County's Regulatory and
Economic Resources Department. Said firms must also -$ubmit, as a part of their
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are exempt from ihis
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
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall be
subject to periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women-owned businesses.
It will be the responsibility of each firm to provide verificatIon of their gross annual revenues
to determIne the requirement for compliance with the Ordinance. Those firms that do not
exceed $5 million annual gross revenues must clearly state so in their bid/proposal.
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 contracfwith 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 1111-60 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 obligatlon. The County shall not enter
into a contract with any firm that has not certified its comptiance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the
Dome'stic Leave Ordinance may result in the contract being declared void, the contract
being terminated and/or the firm being debarred.
10. Code of Business Ethics -In accordance with Section 2-8.1 (1) of the Code of Miami-Dade
County each person or entilly that seeks to do business with Miami-Dade County shall
adopt a Code of Business Ethics ("Code") and shall submit an affidavit stating that the
Awardee has adopted a Code that complies with the reqUirements of Section 2-8.1 (i) of the
Miami-Dade County Code (Form A-12). Section 2-11.1(d) of Miami-Dade County Code as
amended by Ordinance 00-1, also requires any county employee ,or any member of the
employee's immediate family who has a controlling financial interest, direct or indirect, with
Miami-Dade County or any person or agency acting for Miami-Dade County from
competing or applying for any such contract as it pertains to this solicitation, must first
request a conflict of interest opinion from the County's Ethic Commission prior to their or
their immediate family member's entering into any contract or transacting any business
through a firm, corporation, partnership or business eniify 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
subsectfon, as amended, shall render this Agreement voidable. For additional information,
please contact the Ethics Commission hotline at (305) 579-9093.
11. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of real property to a public entity; may not be awarded or perform work as a
Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and,
Page 9
may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017 for Category TWO for a period of thirty-six (36) months from the date of
being placed on the convicted vendor list. The Awardee warrants and represents that it has
not been placed on the convicted vendor list The Awardee agrees that should Miami-Dade
County discover that the Awardee's representations regarding the list are false, this
Agreement shall be terminated on the discretion of Miami-Dade County. Further, Should the
Awardee be placed on the list at any time during this Agreement Miami-Dade County shall
have the right to terminate this agreement
12. Criminal Conviction -Pursuant to Miami-Dade County Ordinance No. 94-34, "Any individual
who has been convicted of a felony during the past ten years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or executive who
has been convicted of a felony during the past ten years shalJ 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 1he Coun1y 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 Disclosure 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 1he 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 Disabili1ies Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327,
42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I,
Employment; Title II, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunica1ions; and Title V,
Miscellaneous Provisions.
2. The Rehabilitation Act of 1973.29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement, the Awardee I Department agrees to
comply with all the provisions of 24 CFR 570.502. 24 CFR 570.503, and 24 CFR Part 570,
Subpart K (24 CFR 570.600 -570.614), including the following:
Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order
11063.
24 CFR 570.602 Section 109 of the Housing and Community Development Act.
Labor standards (24 CFR 570.603; 29 CFR Part 5).
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead-based paint regulations.
Page 10
Eligibility of contractors or sub recipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
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 sale 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 comply with all applicable provisions of 24 CFR Part 570 and
shall carry out each activity in compliance with all applicable federal laws and
regulations described therein. If the Awardee is a primarily religious entity, it shall
comply with all provisions of 24 CFR 570.200 0).
3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidispiacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDSG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies concerning
the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for which
a location has not yet been identified, the Awardee shall obtain, immediately after
a site is identified by the Awardee, PH CD's written environmental clearance
statement and shall agree in writing to comply with any and a/l requirements as
may be set forth in the Site Environmental Clearance Statement.
5. The Awardee shall cooperate with PHCO 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 PHCO in
informing the appropriate COBG citizen participation struGtures, including the
appropriate area committees, of the activities of the Awardee in adhering to the
provisions of this Agreement. Representatives of the Awardee shaH attend
meetings of the appropriate committees and dtizen participation structures, upon
the request of the citizen participation officers, PHCD, or the County.
7. For activities involving acquisition, rehabilitation and/or demolition of property and
which require the relocation of families, individuals, businesses and/or industries,
the Awardee shall submit a written notification to the Community Planning and
Outreach Division of PHCD prior to relocating, evacuating, and/or dispersing any
and all legal occupants who reside at this property on the basis of a long or short
term lease. When the legality of an occupant (individual, family, business, andlor
industry) is in question, the Awardee shall contact the above mentioned unit prior
to making a determination. Awardees receiving COBG funds shall adhere to 24
Page 11
CFR part 50 and/or part 58 and to the rules and regulations of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970, as
amended.The Awardee shall adopt Affirmative Marketing Procedures and
requirements for CDBG assisted projects. These procedures must consist of
actions to provide information and attract eligible persons from all racial, ethnic
and gender groups to the available services, The Awardee shall annually assess
its affirmative marketrng 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 PHCO its
Affirmative Marketing Plan no later than 60 days from the date this Agreement is
executed.
8. For Housing, Rehabilftation, 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 right to monitor the activity.
9. The Awardee shall ccmply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
10. The Awardee acknowledges that the County will perform an undenwriting 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 this Agreement,-as modified,· shall continue and an other provisions
of this Agreement shalt 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 directorg-. 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 (18 U.S.C. 874 et seq.);
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 Et Seq.); 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.
Page 12
5. Submit to PH CD all construction plans and specifications and receive PHCD's approval
prior to implementation.
6. Contact the PHCD representative noted in Seelion 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 when a Certificate of Occupancy is issued.
7. The County shall have the right to assign Professional Staff and Technical Assistance from
the Public Housing and Community Developmentto 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:
8. Promissory Note
b. Mortgage
c. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
L. Audits and Records
1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB A-133.
Nonprofit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program-specific audit performed, in accordance with
OMB 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 available for review (e.g., inspections, evaluations). Such agencies that receive
less than $500,000 in combined Federal awards must submit to the County annual
compilation reports that describe their performance. To achieve uniformity regarding the
reporting format, such documents must comply with the accounting industry standards by
communicating an independent accountant's (1) expression of limited assurance on
FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures
(ReView Report); (2) results of procedures performed (Agreed-Upon Procedures Report);
(3) non-expression of opinion or any form of assurance on a presentation in the form of
financial statements infonnation 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-133 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all
program generated income and its disposition, especially attributable to 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 OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year of on the basis of the period during which PHCD-federal
Page 13
assistance has been received. In either case, each audit shall cover a time period· of not
more than twelve (12) months and an audit shall be submitted covering each assisted
period until all the assistance received from this Agreement has been reported on. Each
audit shall adhere to all other audit standards of OMB A-133, as these may be limited to
cover only those selVices 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 aU 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 t~is 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, in
accordance with 24 CFR 570.506; 570.503 ..
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 all of its records, which relate directly or indirectly to
this Agreement at its place of business during regular business hours. The Awardee shall
retain all records pertaining to this Agreement and upon request make them available to the
County for four years following expiration of the 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 all financial and performance-related records, property, and equipment
purchased in whole or in part with government funds. The Awardee agrees to maintain an
accounting system that provides accounting records that are supported with adequate
documentation, and adequate procedures for determinIng the allow ability and allocability of
costs.
M. . Protected Records and Documents
Any person or eniiQr that performs or assists Miami-Dade County with a function or activity involving
the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health
Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (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 thai apply to the Contractor and reasonable assurances that
IIHI/PHI will be held confidential;
Page 14
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7. Making PHI available to Miami-Dade County for an accounting of disclosures; and
8. Making internal practices, books and records related to PHI available to Miami-
Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and/or electronic transfer of data). The Contractor must give its customers written notice of
its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least 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 Aclivity/Project
is the date when PHCD provides written notificaiiono 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 sale and absolute discretion of
PHCD, fully, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person· authorized by the
County full access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify 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 all
Agreement records will be retained.
5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
O. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to PHeD, upon request, all Agreement records. These records
shall become the property of PHCD without restriction, reservation, or limitation of their
use, PHCD shall have unlimited rights to all books, articles, or other copyrightable
materials developed for the purpose of this Agreement. These unlimited rights shall include
the rights to royalty-fees; nonexclusive, and irrevocable license to reproduce t publish, or
otherwise use, and to authorize others 10 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
Page 15
As a political subdivision of the State of F[orida, 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
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense, the
disclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement. the Awardee will not use directly or indirectly for itself or
for others, or publish or disclose to any third party, or remove from the County's property,
any computer programs, data compilations, or other software which the County has
developed, has used or is using. is holding for use, or which are otherwise in the
possession of the County (hereinafter "Computer Software"). All third-party license
agreements must also be honored by the Awardees and their employees, except as
authorized by the County and, if the Computer Software has been leased or purchased by
the County, all hired party license agreements must also be honored by the Awardees'
employees with the approval of the lessor or Awardees thereof. This includes mainframe,
minis, telecommunications, personal computers and any and all information technology
software.
The Awardee will report to the County any information discovered or which is disclosed to
the Awardee which may relate to the improper use, publication, disclosure or removal from
the County's property of any information technology software and hardware and will take
such steps as are within the Awardee's authority to prevent improper use, disclosure or
removal.
3. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof furnished
by the County to the Awardee hereunder or furnished by the Awardee to the County
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 only
in connectton 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, subcontraclors 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 Awardeels performance hereunder.
d) Except as othelWise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its
subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose and/or permit any other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the
Page 16
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 inciudes l but is not limited to, the
right ,of the County to use and/or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder, to
any person or entity outside the County for such person's or entity's use in furnishing
any and/or all of the DeHverables provided hereunder exclusively for the County or
entities controlling, controlled by, under common ,control with, or affiliated with the
County, or organizations which may hereafter be formed by or become affiliated with
the County. No such License Software, specifications, data, documentation or related
information shall be deemed to have been given in confidence and any statement or
legend to the contrary shall be void and of no effect
P. Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the County by the Awardee or third parties.The provisions in this section
shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or
Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts
and all other Agreements executed by the Awardee in connection with the performance of the
Agreement.
Miami-Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami-Dade County, as amended, Miami-Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total
contract amount which cost shall be included in the total proposed amount. The audit cost will be
deducted by the County from progress payments to the selected Awardee. The audit cost shall also
be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (114) of one percent fee assessment shall not apply
to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for
financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (I)
concessions and other rental agreements; (g) insurance contracts; (h) revenue-'generating contracts;
(I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j)
professional service agreements under $1,000; (k) management agreements; (I) small purchase
orders as defined in Miami-Dade County Administrative Order 3-2; (m) federal, state and local
government-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the
Miami-Dade County Board of County Commissioners may authorize the inclusion of the fee
assessment of one quarter (114) of one percent in any exempted contract at the time of award.
Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed Co~nty 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 General or IPSIG for inspection and copying, The Inspector General and IPSIG shall
have the right to inspect and copy alldocuments and records in the Awardee's possession, custody
or control which, in the Inspector General or IPSIG's sale 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 dOGuments, 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
Page 17
Pursuant to Miami~Dade County Administrative Order 3-20, the Awardee is aware that 1he County
. has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPS!G"), whenever the County deems it appropriate to do so, Upon written notice from the County,
the Awardee shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shall be
responsible for the payment of these IPSIG selVices, 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 lndependent right of the C6unty to conduct an audit or investigate the operations,
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03~2, Awardee shall grant access to the Commission Auditor to all
financial and, performance related records, property, and equipment purchased in whole or in part
with governrri'ent 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 least 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 all job descriptions tor existing staff.
4. The purchase of all non expendable personal property not specifically listed in the approved
budget
5. The disposition of a/l real, expendable personal, and-nonexpendable personal property as
defined in Section II, Paragraph W 1. of this Agreement
6. Out-of-town travel not speCifically listed in the approved budget
7. The disposition of Program Income not specifically listed in the approved Program Income
budget
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section tI, Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Seelion 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 approva! 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 reelify 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
Page 18
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
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for public
Agencies) and 24 CFR 570.611 with respect to conflicts of interest. and covenants that it presently
has no financial interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services requrred under this Agreement.
The Awardee further covenants that in the performance of this Agreement no person having such a
financial interest shalf 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 Of a member of the immediate
family or household of the aforesaid has directly or inairectly 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 (Conffict of
Interest Ordinance), as amended, which is incorporated herein by reference as jf fully set forth, in
connection with its Agreement obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party
that are covered by the above standards. The Awardee shall make such disclosure in writing to
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 of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with-any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the County,
or of the State of Florida (induding 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; Dr
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 fhe Awardee,
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee shall have an interest which is 1n conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County, in
Page 19
its sale discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies all the individuals
and entitles involved and sets forth in detail the nature of the relationship and why it is in
the County's best interest to consent to such relationship,
c) The proVisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above
and acquires information which may indicate that there may be an actual or apparent
violation of any of the above, Awardee shall promptly bring such information to the
attention of the County's Project Manager. Awardee shall thereafter cooperate with the
County's review and investigation of such information, and comply with the instructions
Awardee receives from the Project Manager in regard to remedying the situation.
T. Intentionally Left Blank
U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the United
States Department of Housing and Urban Development (US HUD), as funding sources and that the
Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the
County and US HUD for the support of all contracted activities. This is to include, but is not limited
to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, 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,
rrl,l~st be n()tifi~d _in_ order,_.to, ~~q':le:~t,.t~.e .rroj~ct sign from !v1iamj~l)ade _CCl_unty_ General_Services
Administration (GSA). Within thirty (30) days of the erection ofihe 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 maintainin'g 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:
Page 20
1. The work to be performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3, shall, to the greatest extent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this Agreement, the parties
to this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organizatlon 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 AlJ'!ardee's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall begin.
4. .The Awardee agrees to include this Section 3 clause in every subcontract SUbject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training positions,
that are filled (1) after the Awardee is selected but before the Agreement is executed, and
(2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the Awardee's
obligations under 24 CFR part 135.
6. Noncompliance with ·HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this Agreement that are subject to the proviSions of Section 3 and
section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
8. Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject to
and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed
statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be awarded
a subcontract;
b) invites local subcontractors to submit 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.
Page 21
All Awardees seeking to contract with the County shall, as a condition of award, provide a statement
of their subcontracting policies and procedures (see Attachment G). The County will not execute this
Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and
Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it appears
to the County, in its discretion and authority, that the subcontract will delay, prevent, or othel"W'ise
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. Persona! Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights.
d. NonexpendabJe Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or PHCD in whole or in part with CDBG 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 sale
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 or termination of this Agreement, in accordance with
instructions from PHCD.
c. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with PHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from PHCD, shall be listed in the property
records of the Awardee· and shall include a legal description; size; date of
Page 22
acquisition; value at time of acquisition; present market value; present condition;
address or location; owner's name if different from the Awardee; information on
the transfer or disposition of the property; and map indicating whether property is
in parcels, lots, or blocks and showing adjacent streets and roads. The property
records shall describe the programmatic purpose for which the property was
acquired and identify the COSG 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
COSG award with PHCO within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of the COBG
award for the project and termination of this agreement.
€. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCD. This report shall include the elements listed in
Paragraph W.2.c., above.
Nothing in this section shall be construed to limit the County's right to collect from Awardee
the entire amount of CDBG funds awarded pursuant to this Agreement in the event
Awardee fails to meet a national objective.
3. Inventory -Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to
the County. A capital item shall be defined as an item that: (1) has a service life in excess
of one year; (2) is either complete within itself or is a major component of another item of
property; (3) by definition cannot be described either as supplies or materials; (4) will not be
consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify
the County immediately upon acquir'lng any capital items with funds allocated in this
Agreement
The County shall allow the Awardee to retain possession of capital equipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the, Awardee disbands, becomes
defunct or in any way ceases to exist or jf the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents of
title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with PHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number; date of acquisition; funding
source; unit cost at the time of acquisition; present marker value; property
inventory number; information on its condition; and information on transfer,
replacement, or disposition of the property.
b. All non expendable personal property purchased or improved in whole 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 PHCO. The
inventory report shall include the elements listed in Paragraph W.3,a., above.
c. Title (ownership) to all nonexpendable personal property purchased in whole or in
part with funds given to the Awardee pursuant to the terms of this Agreement shall
vest in the County and PHCO.
Page 23
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
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 (a) means gross income received by
the Awardee directly generated from activities supported by COBG funds. When Program
Income is generated by an activity that is only partially assisted with CDBG funds, the
income shall be prorated to reflect th~ percentage of COSG 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
Policies and Procedures Manual. If any Program Income provisions of the
Policies and Procedures Manual conflict with any Program Income prOVisions of
this Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to PHCD all cumulative Program Income generated from
activities financed in whole or in part by funds from this Agreement, for as long as
it receives and/or has control over Program Income generated from this and any
previous Agreements with PHCD. The Awarded must submit the information for
the generated Program Income to PHCD 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 not 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 CDBG regulations, 24 CFR Part 570 .504(c) et.seq. Awardee
acknowledges that the CDBG Regulations require that Awardee spend Program
Income before further CDBG 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
CDBG funds from the County. Twenty percent (20%) of the Program Income
Awardee makes, retains or receives shall be paid to the County on a quarterly
basis and reported in Awardee's quarterly Progress Report. At the conclusion of
the contract period or upon termination of this Contract, Awardee shall
immediately paylreturn 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 onry 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 loaos, loan-
related programmatic costs, and operational costs for the same revolving loan
activity before the Awardee may request additional CDBG funds for that activity.
Page 24
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.
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 alt Program Income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shaH transfer to the County any Program Income funds on hand, and any
Program Income accounts receivable to any CDBG funded activities. PHCD may require
remittance of all or part of any Program Income balances (including investments thereof).
4. PHCD, in its sale and absolute discretion, reserves the right to pursue other courses of
acHon in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall
conform to the requirements of PHCD's Policies-and Procedures Manual.
z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
the prior consent of the County may result in termination of the Agreement for breach.
When Subcontracting is allowed, the Awardee shall comply with County Resolution No.
1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use,-at a
minimum, US HUQ's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at https:llwww.sam.gov Awardee
shall provide to PH CD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami-Dade County's debarred
Contractor's List; Awardee shall, at a minimum, check at
http://www.miamidade.gov/business/small·business.asp to determine if a
person or entity is on Miami-Dade County's debarred contractor's list. Awardee
shall provide PHCD with a printout copy of the site page that indicates the name
and the date it was checked.
b. Comply with all CDBG requirements, as applicable, as well as the regulations
specified in PHCD'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 appiicable regulatory and
other requirements of this Agreement and with any conditions of approval that
the County or PHCD 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 sole discretion determine
Page 25
when services are eligible substantive programmatic services and subject to the
audit and record-keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three bids.
Such competitive process shall be described in writing, approved by the Board of
Directors and a copy of which submitted to 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 Subccntractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to sUbstantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiraflon date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e,g., social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in 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 aU risks associated with
subcontracting pertormance 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 shall not hire any of the Awardee's staff members or employees as
subcontractors.
Page 26
M. 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.
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 PHCD adequate proof, as determined by PHCD
in its sole 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 PHCD. The
Awardee shall be paid only for those expenditures contained within Attachment B,
"Budget," to this Agreement as it may be revised with the prior written approval by PHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
subrnitted to PHCD no less frequently than monthly. Expenditures incurred by the Awardee
must be submitted to PHCD, along with all original invoices, caples of front and back of
cancelled checkspaid to all subcontractorsand suppliers, all release of liens from alII
subcontractorsand suppliers, and all final approved permits, for payment within 30 days
after the month in which the expenditures were incurred. Failure to comply will result in
rejection of invoices. 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 CDBG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms 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 s€lVices portion
of this agreement -Attachment A, which shall be submitted with all payment requests
and shall clearly identify the completed level of accomplishments met. This shall also apply
to soft costs associated with project delivery.
6. No payment(s) will be made without evidence of approp'riate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Internal SelVices
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 sole discretion, so chooses.
7. All monies paid to the Awardee which have not been used to retire outstanding obligations
of this Agreement must be refunded to PHCD in accordance with PHCD's Policies and
Procedures Manual.
8. Any unexpended funds remaining after the completion of the services under th[s
Agreement, or after termination of this Agreement, shall be recaptured in full by the County.
9. In the event the County deterrnines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded under
this Agreement, Awardee agrees to and shall assign any proceeds to the County from any
Agreement between the County, its agencies or instrumentalities and the Awardee or any
firm, corporation, partnership or joint venture in which the Awardee has a controlling
financial interest in order to secure repayment of this award. "Controlling financial interest"
Page 2.7
shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital
stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership or other business entity.
CC. Reversion of Assets
The Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property, such reserves shall
nol be dislribuled 10 any partner or subconlraclor prior to repayment to PHCD of Ihe CDBG Loan.
The Awardee shall al 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 Of 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 the appropriated amount as stated on page 1 of this
contract.
IV. THE AWARDEE AND PHCD AGREE:
A. Effeclive Date
1. This Agreement shall begin on the effective star! date as stated on page 1 of this cotnrac!.
Any costs incurred by the Awardee prior to this date will not be reimbursed by the County.
2. This Agreement shall expire on the date as stated on page 1 of this contrac!. Any costs
incurred by the Awardee beyond this date will not be reimbursed by the County. The term
of this agreement and the provisions herein may be extended by the County to cover any
additonal time period during which the Awardee remains in control of the CDBG funds or
other assests, including Program Income to support CDBG eligible activites. Any extension
made pursuant to this paragraph shall be accomplished by a writing by the County to the
Awardee. Such notice shall automatically become a part of this Agreement.
3. This Agreement may, at the sale and absolute discretion of the County and 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 Revlew
Page 28
B.
1.
The Department may conduct a formal management evaluation and performance review of
the Awardee, if in the Department's sale discretion it is deemed necessary and applicable.
The management evaluation shall reflect the Awardee's compliance with generally
accepted fiscal and organizational standards and practices. The pertormance review
should reflect the quality of service provided and the value received using monitoring data,
such as progress reports, site visits, and client surveys.
Default or Breach
The Awardee shall be in default or breach of this Agreement if any of the foltowing acts,
omissions or conditions occur:
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Agreement, including but not
limited to failure to meet the National Objective, as determined by the County and
U.S. HUD.
b. Awardee fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requried herein.
c. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sale
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default or late payment on any loan, Note or other debt or
obligation for Which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sole
discretion would materially impair performance by Awardee of all the terms and
conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1)-(2) ofthis Agreement.
j. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in 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,
Page 29
including attorney's fees. Reasonable cause shaH 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;
b. Failure by the Awardee to materially comply with any term or provision of this
Agreement;
c. Failure by the Awardee to submit any documents required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
e. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to 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, PHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all 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, in accordance with 24 CFR Part 85.44, when PHCD determines
that it would be in the best interest of PHCD and the County. Said notice shall be delivered
by certified mall, return receipt requested, or in person with proof of delivery. In the event
of termination, the County may: (a) request the return of all finished or unfinished
documents, data studies, surveys,-drawings,. maps, models, photographs, reports
prepared, and capital equipment secured by the Awardee with County funds under this
Agreement; (b) seek reimbursement of County funds allocated to the Awardee under this
Agreement; and/or (c) terminate or cancel any other Agreements en1ered 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 termination conditions.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should funds
to finance this Agreement become unavailable, PHCD may terminate this Agreement upon
no tess 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
Page 30
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee may, at its discretion, request in
writing from the Director of PHeO a release from its contractual obligations to the County.
The Director of PHCD will review the effect of the request on the community and the
County prior to making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach Of default.
6. Termination for Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or In part, when PHCD determines, in its
sale 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 if a trustee or receiver is appointed over all or a SUbstantial
portion of the property of the Awardee under federal bankruptcy law or any state insolvency
law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by written
notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours
notice. Said notice shall be delivered by certified mail, return receipt requested, or in person
WithprbOf of delivery.
Waiver of breach of any provision of this Agreement shaH 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 all applicable
equipment, materials, products, documentation, reports and data.
9. Penalties for Fraud Misrepresentation or Material Misstatement
In accordance with the Code of Miami~Dade County, Section 2-8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the County
through fraud, misrepresentation or material misstatement, shall have its Agreement with
the County terminated, whenever practicable, as determined by the County. The County
may terminate or cancel any other Agreements which such individual or other
subcontracted entity has with the County. Such individual or entity shall be responsible for
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 jor up to five (5) years.
Page 31
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a. 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 shall remain liable for any liabilities and claims related to the Awardee's
performance of this Agreement or any breach or default, notvvithstanding the expiration or
termination of this Agreement.
3, Seek enforcement of this Agreement, in accordance with 24 CFR Part 85.43 etseq
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.
"Reasonable, 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 execu1ion
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
sale judge of "reasonable, allowable costs." All compensation pursuant to this Articte is subject to an
audit at the County's discretion. Awardee shall not receive payment for lost future revenues, lost
developer fees or lost profits,
E-1. Limitation of Liability 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 CDBG funds are for the purpose of providing a benefit to the community
health and welfare,
Therefore, notwithstanding any other provision herein, the PaJiies agree to the following limitations
on liabilities for any and all claims of any kind arising from or in connection with performance or
breach of this Agreement, which limitations shall apply equalty to both Parties:
1, Both 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.
Page 32
F. Renegotiation, Modification and Rightto Waive
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
or Mayor's designee. The parties agree to renegotiate this Agreement if PHCD determines,
in its sole and absolute discretion, that federal, state, and/or County revisions of any
applicable laws or regulations, or increases or decreases in budget allocations make
changes in this Agreement necessary. PHCD shall be the final authority in determining
whether or not funds for this Agreement are available due to federal, state and/or County
revisions of any applicable laws or regulations, or increases in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement beyond the
current Agreement period and will notify the Awardee in writing of fhe 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 Mayors
deslgnee.
3. The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver
requests from the Awardee shall be in writing. No waiver shall 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 rights 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 CDBG Etigibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply
with PHCD'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 allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by PHCD no later than 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 sale and absolute discretion will determine whether substantial reductions will
necessITate revision and resubmittal of the Scope of Service (Attachment A). Revisions to
the Scope of Services, when required, will be negotiated to the mutual satisfaction of both
parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are
Classified as noted in the Scope of Services shall not require a Agreement amendment.
H. Compliance
The County shall have the right to inspect, monitor, and inquire of Awardee , at the sote and
absolute discretion of the County, remain in effect during any period that the Awardee is obligated to
complete a National Objective or has control over Agreement funds, including Program Income, in
order to ensure compliance with the COBG 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 fully set forth herein.
Page 33
Any' alterations, variations, modifications, extensions or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, duly approved and signed by both
parties and attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
I. Disputes
In the' event an unresolved dispute exists between the Awardee and PHCD, PHCD 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, PHCD will notify the Awardee within the thirty (30) day
period that additional time is necessary. The Awardee agrees that it shall not bring any legal action
or against the County until thirty (30) days from the County Mayor issuing his/her determination.
J. Headings
The section and paragraph headings in this Agreement are ins.erted for convenience onry 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 Agreemen1s 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 10 tne exclusive jurisdiction of the state and/or federal
courts located in Miami-Dade County, Florida
M. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
TO AWARDEE:
COPY TO:
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attn: Steven Alexander
Attn: ______________ __
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 1" Court, 14" Floor
Miami, FL 33136
Attn: Michael Liu J Director
Public Housing and Community Development
701 NW 1" Court, 14'h Floor
Miami, FL 33136
Attn: Letitia Goodson, PHCD Project Manager
Assistant County Attorney
County Attorney's Office
111 N. W. 1st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or new
address will be rendered in writing to the other party and said notification attached to originals of this
Agreement.
In the event that any of the information required by the provisions of this Article is changed by either
of the Parties after the execution of ihis Agreement. the affected Party shall give noiice 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, OBLIGATIONS, SERVICES AND REPRESENTATIONS HEREIN, NOR ANY
ASSIGNEE, SUCCESSOR,HEIROR 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 righls 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 CDBG Regulation compliance for the duration of the period in which Awardee is
obligated to meet a National Objective or has control over CDBG funds as well as the County's right
to inspect and monitor the Project and Awa~dee for complaince with the HOME Regulations, will
survive the term, termination, and cancellation hereof. Acc~rdingly, the respective obligations of the
Awardee and the County under this agreement, which by nature would continue beyond the
termination, cancellation or expiration thereof, shaH 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 redpient of funding support and is not an agent, employee, servant or instrumentality of the
County.
The Awardee is, and shall be, in the perrormance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or S€lVant of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sale direction, supervision and control. The
Awardee shall exercise control over the me~ms 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 Of 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
At -Action Steps; Attachment B -Budget; Attachment B-t(A) Indemnification and Insurance
Requirements; Attachment B-2 -CDBG Program Requirements (Housing Only); Attachment C -
Progress Report, Set-Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure
& Progress Report; Attachment D -Information for Environmental Review; Attachment E -
Certification, Statements and Affidavits; Attachment F -Publicity, Advertisements and Signage;
Attachment G -Fair Subcontracting Policies; Attachment H -Subcontractor/Supplier Listing)
contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the
parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents and/or agreements
governing this development, the terms, provisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the
project's true "gap" financing needs to be less than the maximum award aUocated by the Board of
County Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in
this Agreement shall be subsequently reduced. "Gap" financing means the difference bemeen 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
BCe 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 I termination and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this
Agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
w. Corporate Governance
A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder ..
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully 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 2015.
AWARDEE:
BY:
NAME:
TITLE:
DATE:
BY:
NAME:
TITLE:
DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
FederallD
Number:
596000431
Resolution #: R·925-15
Awardee's Fiscal Year Ending Date:
CORPORATE SEAL:
MIAMI·DADE COUNTY
BY:
NAME: Carlos A. Gimenez
TITLE: _M=ay,-,o,,-r~~~~~~~~~~~_
DATE:
ATIEST
BY:
TITLE: Clerk, Board of County Commissioners
DATE:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 38
J.
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
-ACTIVITY TITLE:
lDIS#:
RESOLUTION #:
DUNS#:
FY 2015 Scope of Services
October 1, 2015 through December 31, 2015
Agency Name: City of South Miami
After-School Services
R-925-15
24628976
2. -ACTIVITY DESCRIPTION, Agency to pl'ovide After School services to youth ages 4-17, including
educational Rnd sporting activities.
2a -Activity Category:
2b. -Objecti ve:
2c. -Outcome:
2d.-Scope of work (Attachcd)
3. -APPROVED. BY BCC:
Other'Funding -Source and Amount:
4. -FY 2015 FUNDIJ\IG REQUESTED:
5. -HUD1NFORMATlON:
6.
5a.--HUD matrix code:
5b. ~ HUD Activity Type:
5c. -HUD National Citation
~ ACCOMPLisHMENTS:
6a. -Number of Units:
6b.-Type:
7. -NATIONAIoOBJECTIVE:
Total #ofLowlMod in Service Area:
Census Tract:
Block Group:
8. -ACTIVITY ADDRESS,
-LOCATION'
NRSA (Activity located in):
Distdct (Activity located iiI):
lO. -IoABOR STANDARD applicable
Type of Work:
o Building 0 Residential
Public Service
Sustainable Living Environments
Availabilityl AcceSsibility
Amoll.t: $2,000 Source, CDBG FY,20iS
05D -Youth Services
LMC, 570.208(0)(2)
570.201(e)
8
People
5800 SW 66 Street, South Miami, FL 33143
South Miami
7
o Highway o Heavy
11. Set-aside units different from tat\ll units
12. lNSURANCE REQUIREMENTS: Worker's Complfnsation Insurance, Commercial General Liability Insurance,
Auto mObHity Liability Insura nd,ProfessiQnal Liability Insurance. See
-=~~~ ____________________________ ~A~tt~a~c~h~m~e~m~f~or~d~e~la~i~le~d~~~ ~t~'~==~T-____ ;-__ '-____ ___
Project Manager:
LaWanda'S.'Sco
Planner: (Signature ""'--Jon'
Selena P. WilHam
AFTER SCHOOL PROGRAM
Scope of Work
The goal of the Afterschool House (Tutoring) Program is to provide positive social, cultural,
educational, and recreational opportunities for children residing in the City of South Miami. The
program will also create a friendly environment and essential after-school services to
participants regardless of race, religion, gender, family income, and/or ability to pay for children
ages 5 -14 years (kindergarten to eighth grade),
The After-School House Program operates from August -June, Funding will be used to provide
tutoring services which will include reading and math curricula, homework assistance,
Commission District 7 will be served and the target population is children, ages 5-14.
The program takes place 39 weeks throughout the year and one hundred (100) children grades
K through 8th grade will participate in the program,
CDBG funding will be used towards the furniture, such as desks and storage,
Service Site and Hours of Service
• The Afterschool House (Tutoring) Program is located at the Gibson-Bethel Community
Center, Murray Park -5800 SW 66th Street, South Miami, Florida 33143,
• Hours of Operation for the Center are Monday -Friday, 5:00 am -10:00 pm, Saturday,
9:00 am -6:00 pm, and Sunday, 10:00 am. -2:00 pm and services will be provided
from 2:00 pm -6:00pm,Monday -Friday.
• Afterschool House (Tutoring) Program hours of operation: Monday -Friday, 2:00pm -
6:00pm, excluding holidays.
The service site phone number is: (305) 663-6319; email: gpough@southmiamifl.gov.
Copy of CDBG -After School -Attachment Ai public service
FY 15 -Public Service -City of South Miami -After School Programming Support -$Z,OOO.OO
••
10· Task Name
f ? .. , 1:~pl1~rj3.,~:~w~ve,'9.pm~,J:I;~::,::"",·:,~r~:,:.!·: '.,<? ....
submit requirement documents with Environmental
1.1.1 Review (ER) form (see attachment 0 1n the Contract)
1.1.2 environmental review process
1.1.3 submittal of scope and budget
scope and budget review by Publlc Housing and
1.1.4 Community Development (PHCO) Project Manager (PM)
1.1.5 review eligibility of activity
1.1.6 meet with stake holders
prepare and assemble CDBG contract with Attachments A
1.1.7 to H
1.1.8 submit CDBG contract for agency signature to execute
1.1.9 return signed CDaG contract to PHCO for final processing
submit CDBG contract to Miami-Dade County Mayor's
1.1.10 Office
1.1.11 receive and distribute executed CDBG Contract
m11eStOne AeV1ew
1;.<;·" ,fn~r:;~,~;~l~~'.1 ....... } ................................
1.2.1 publicize program
1.2.2 submit copy of publications to PHCD
fdentify potential recipients -name, addresses, telephone
1.2.5 number & income
MHesr;one n:eV1ew
1":3 •• ....... ..........
1.3.1 Environmental clarence letter ,
submit insurance certificate to PH CD -Attachment B1 of
1.3.2 contract
submit insurance to Miami-Dade Risk Management for
1.3.3 approval
1.3.4 submit payments request to PHCD-monthly basis
submit quarterly progress report (Due no later than 10
1.3.5 days after the end of the quarter)
1.3.6 submit procurement policies to PHCD
1.3.7 reVlew and approve procurement poHces
1.3.8 ,ubmit accounting policies to PHeD
Enter! in the %
ofiTask
Comp:teted (as
Required Resource of today) ,
1/0 .. , •• //.<.:'" ",,··p·;W ' ..
Agency 0.00
Environmental Specialist 0.00
Agency 0.00
Project Manager 0.00
Planner,IDIS Specia1ist,Project ..
Manager 0.00
All 0.00
Project Manager 0.00
Project Manager 0.00
Agency . 0.00
PM Supervisor and PM Manager 0.00
Project Manager 0.00
[ .............. .......: ....... : ......... . ....
Agency 0.00
Agency 0.00
Agency 0.00
' ..
Environmental Specialist 0.00
Agency 0.00
Project Manager 0.00
Agency 0.00
Agency 0.00
Agency 0.00
Project Manager 0.00
Agency 0,00
Page 1 of2
as of 121412015
.
Enter in the
S~ar:t Dat,e, pf . Calculated End
r~sk Date of Task
".
lilA
MIA
10/1/15
10/1115
10/1115
1011/15
10/1/15
12/15/15
12/15/15
1Z115/15
12131/15
'.;-"'.?
10/01/15
10/01/15
10/01/15
....................... . ....
10/1/15
10/1/15
1Z115115 ...
10/1/2015 -12/31/2015
1/10/16
10/1/15
10/1/15
10/1/15
Notes:
. ............. ..........., ..........
Information used from Consolidated Plan
.
• •••• ..... ;.:, .................... ),,, ..... ;
................... ...........................
Copy of CDBG -After School -Attachment A1 public service
ID Task Name
1.3.9 review and approve accounting polices
provide a compLete inventory of all capital equipment to
1.3.10 PHCD -$700 or more
1.3.11 submit inventory list to Miami Dade GSA
1.3.12 SUDmlt copy or prior year auait report
provide copy of program income tracking -report income
1.3.13 immediately
1.3.14 reVlew and approve program mcome
suomr( copy or C lenl m-'l.aK€ lorm '1.0 lLLJ or approva
1.3.15 I eSl:one KeVlew
1 .. 3:1<\ fartic,ip:ilrl~ : -t::.l1g.1 ...•.........
determine that each participant is income eligible by
1.3.17 determining the family's annual income.
Examine the source documents evidencing annual income
(e.g., wage statement, interest statement, unemployment
1.3.18 compensation statement) for the family
1.3.19 I eSl:one KeVlew
8,:~:-,~~~,rn"c:W~ / .• ··.· ..... 5.·.···.·.··· ··.··.·· .. ·.t
1.5.1 subm[tfinal progress report
1.5.2 sL1bmitfina! payment
1.5.3 submit lMl information to PHCD's Complaince Unit
1.5.4 review LMI information
1.5.5 print out copy of Finance balance
1.5.6 report accomplishment in IDIS
11111 esmne l(,eVlew
Enter) in the %
ofjTask
Completed (as
Required Resource of today)
Project Manager Q.OO
Agency 0.00
Project Manager 0.00
Agency 0.00
Agency 0.00
Project Manager 0.00
.......... , .............................. ., ...•..
.:.< ............ ~.
Agency 0.00
Agency 0.00
Project Manager 0.00
Compliance Unit 0.00
Project Manager 0.00
1015 SpeCialist 0.00
.
Page 2 of 2
as of 12/412015
Enter in the
Start Date of Calcu (ated End
Task Date of Task Notes:
1011/15
N/A
• N/A
10/1/15
1/10/16
1/15/16
1/10/16
Ll: . ... I· .. ····~· ···.····'Z······
1/10/16
1/15/16
.:'..'2 ~ .. e. ... : ........ ~
01/31/16
01/31/16
01/31/16
01/31/16
01/31/16
01/31/16
CITY OF SOUTH MIAMI
After School Programming Support
CDBG FY 2015
Summary Budget
October 1, 2015 -December 31, 2015
PRIOR YEAR FY2015
AITACHMENT B
CATEGORIES FUNDING FUNDING NON·PHCD FUNDING TOTAL
I. Personnel $
II. Contractual Services $
III. Operating Services $
IV. Capital Outlay $
TOTAL BUDGET $
SOURCES OF OTHER FUNDING
MDC -Office of Management and Budget
City of South Miami
$
$
$
$ 2,000.00
$ 2,000.00
TOTAL AMOUNT
$ 18,073.00
$ 13,251.00
$ 31,324.00
$ 18,073.00 $ 18,073.00
$ $
$ 2,900.00 $ 2,900.00
$ 10,351.00 $ 12,351.00
$ 31,324.00 $ 33,324.00
0410 PERSONNEl-Employee
Regular-Salaries
Sub-Total Salaries
4010 Fringe Benefits
FICA (saiaryX7.65%)
Sub-Total Fringe
lotal Personnel
Contractual Services
External Audit
Environmental Audit
Other Professional -SVC Const Mgmt
other Professional SVC
Bottled Water
Rent Copier
Building Rental
Total Contractual
.. ..... Operating Expenses -
Instructional supplies, books, learning
material (white boards, teachersl edition
books, etc.)
Educational supplies for afterschool
(books, workbooks, crayons, paper,
scissors, etc.)
Thanksgiving Celebration for Afterschool
Participants
Total Operating Expenses
Commodities
Furniture (desk, storage)
Recreational supplies and equipment
4 mobile 12' Cafeteria Tables
Total Commodities
Capital Outlay
90 Construction
Infrastructure Improvements
Total Capital Outlay
I TOTAL BUDGET
SOURCES OF OTHER FUNDING
MDe -Office of Management and Budget
City of South Miami
CITY OF 50UTH MIAMI
CDBG FY 2015
After Schoo! Programming Support
DETAil BUDGET
October 1,2015 thru December 31, 2Q15
PP Non-PHCO PHCD 2014 PHCD 2015
$ 18,073.00 $ -$ -
$ 18,073.00 $ -$ -
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
$ $ -$ -
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
$ -$ -$ -
$ $ -$ -
$ $ -$ -
$ -$ -$ -
. ...
$ 1,050.00 $ -$ -
$ 1,500.00 $ $ -
$ 350.00 $ -$ -
$ $ -$ -
$ 2,900.00 $ $ -
$ 3,500.00 $ -$ 2,000.00
$ 1,000.00 $ -$ -
$ 5,851.00 $ -$ -
$ 10,351.00 $ -$ Z,OOO.OO
$ -$ -$ -
$ -$ $ -
$ -$ $ -
ATIACHMENTB
Total PH CD Total All Sources
$ -$ 18,073.00
$ -$ 18,073.00
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
$ -$ -
.. ......
$ -$ 1,050.00
$ -$ 1,500.00
$ -$ 350.00
$ -$ -
$ -$ 2,900.00
$ 2,000.00 $ 5,500.00
$ -$ 1,000.00
$ $ 5,851.00
$ 2,000.00 $ 12,351.00
$ -$ -
$ -$ -
$ -$ -
I $ 31,324.00 I $ I $ 2,000.00 I $ 2,000.00 I $ 33,324.00 I
TOTAL AMOUNT
$ 18,073.00
$ 13,251.00
ATTACHMENT B-l(A)
INDEMNIFICATION AND INSURANCE REQUIREMENTS
Contractor shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,
which 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 Contractor or its employees, agents, servants, partners
principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall
investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. Contractor expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as
herein as herein provided.
The Contractor shall furnish to the Miami-Dade County, clo of Public Housing and Community
Development, 701 NW 1st Court, 14th Floor, Miami, FL 33136, Certificate (s) of Insurance which indicates
that insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the Contractor as required by
Florida Statute 440. .
B. Commercial General Liability Insurance on a comprehensive basis in an amount not
less than $300,000 combined single limit per occurrence for bodily injury and
property damage. Miami-Dade County must be shown as an additional insured
with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with the work set forth in the Scope of Services, in an amount not
less than $300,000 combined single limit per occurrence for bodily injury and
property damage. For Providers using vans or mini-vans with seating capacities of
fifteen (15) passengers or more, the limit of liability required for Automobile
Liability Insurance is $500,000.
D. Professional Liability Insurance, when applicable, in an amount not less than $250,000 .
per claim.
All insurance policies required above shall be issued by companies authorized to do business under the laws
of the State of Florida, with the following qualifications:
The company must be rated no less than "A-" as to management, and no less than "Class VII"
as to financial strength, by A.M. Best Company, Oldwick, New Jersey, or its equivalent,
subject to the approval of the County Risk Management Division.
or
NOTE:
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of
All Insurance Companies Authorized or Approved to Do Business in Florida" issued by the
State of Florida Department of Financial Services.
CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY
111 NW 1" STREET
SUITE 2340
MIAMI, FL 33128
Public Housing and Community Development
Attachment B-2
Community Development Block Grant (CDBG) Program
Not Applicable
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20
ATTACHMENT C
rs;;;;!ion I: General Information
--------.~---,
I L ___ _ --------------------------.1
Recipient Name (Organization): _______________________________ _
Contact Person (Name & Title): _____________ _ Telephone Number: ________ _
Activity Name (Project Title): _______ --, _____________________ -'-__
Activity Address:
Activity Description: ____________________________ -'--______ _
IDIS#: Index Code: ______ Funding Source: ____ Funded Amount: $'---____ _
Activitv Category:
D Administration D Capital Improvement 0 Economic Development 0 Historic Preservation 0 Public Service
D Housing 0 Homebuyer Assistance D Tenant-Based Rental Assistance (TBRA) 0 Homeless Housing
Objective: D Create suitable living environments D Provide decent affordable housing D Create economic opportunities
Outcome: D Availability/Accessibility 0 Affordability D Sustainability
Section II: Financial Information At the time the Awardees has been paid or otherw.ise received fifty percent (50%) a'nd seventy 1\
perc~nt (70%) of the Agreement Funds, the Awardees reporting these expenditures must submit documentation to show that Awardees has
accomplished 50% and 70%, respectively. of the Activities described herein. .j
A B C D E F G H
.. I Actual Projected
t Total Expenditures Reimbursed Cumulative Projected Cumulative
Category Approved Expended Cumulative Cumulative Percentage Expenditures Expenditures Budget [This Quarter} I [Through end of [Through end of [8&DI [Next Quarter] [By end of Contract
this quarterl this quarter]
Period]
. Personnel $ $ $ $ %1$
I
$
Contractual· $ $ $ $ % $ :$
Operating $ $ $ $ % $ $ Costs
Commodities $ $ $ $ % $ $
Capital $ $ $ $ % $ $ Outlay
TOTAL $ $ $ $ % $ $
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 ONo DN/A
4. If yes, ® attach copy of approval letter and related documents. If no, a written request for approval to use the
Program Income must be submitted to PHCD.
I
i
COl14151712
1013
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
L _____ :===::-=-=:-ACTI'{I~y-S:r}.jus AND A~-COM£~_Jl>_rf_M.ENTiNF<2RMAyio,,! __ ~=~:~==_~:=~===~-~
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 III: 0 Work in Progress [On-going ActivitiesJ + 0 Accomplishment Narrative [Activity CompletedJ ,
i Check appropriate box and reference the Scope of Services, included in your contract, as the basis for reporting the I
i work in er~gress or?ccome.~shed il}_<3 brief narrative. form.'l_!:_.lJ!lL~t!ach __ !>coRe of S!:.r:'!.~~_"'_s._L_. ______ .. _. ______ J
! Secti;'--;;-;-V~-Other S;;pp~rt;~g Effort~----! I ~.-----, ... ---------.. '"'.---.. ---,-.---.,---.------,------.-----------.---,
\ Provide a description, using quantifiable data, of all other supporting efforts that have begun, partially implemented, or I
I completed during this period. . , '_.... •. ________ .,'" __ ,, ___ '_' ___ •. _____ , __________________ , •. ____ ~,,~ _____ ... _, ____ ._, ____ ... __ . _____ ~ __ ,~. __ . __ .,. __ J
i S;'ction V: p~oblems--Encountered ! i Provide a brief description of any probl~ms oC.r-d:---e:---la-ys-_-en-c-o-u-~-:-te-r-ed-,-d:-ur---:-in-g-_~::-h-:-is-p-e-r:---io---:d-o-r-a-nt~ic--:-ip-a---cte-d-:-_----_~:::::::::-_--.J
i Section VI: TechnicalAssistance ---------'c.' -----,---:--------,------,------,------------,--:--------,-------c-------,---------,----,----------_____,___----,
i If your organization has a need or anticipate a need for technical assistance during this period, please describe the i ! nature of the assistance required_ _ _ _ ___ . ________ --.J
I Section VII: Performance Measureme;'t
\ 'Notes: A Supplemental Performance & Benefit Data Report must be submitted if any actual achievements are l L reported during this reporting period and all HOME funded projects must submit applicable activity set-up form.
Accomplishment Type: 0 People [01) 0 Households [04J 0 Businesses [08J 0 Organizations [09J
o Housing Units [10) 0 Public Facilities [11J 0 Jobs [13J
National Objective: 0 Area Wide Benefit [e-9. LMA, LMAFI, LMASA, SBAJ --or-0 Direct Benefit [e.g_ LMC, LMH, LMJJ
People or Households· Achievements: 0 Yes 0 No i
If yes,what is the accomplishment type? 0 People -or-0 Households ----------.l
People Households (LMH activities only)
Total People Low {Mod Total Households Low/Mod Female Headed
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached YIN Performance & Benefit Data:
o Housing -or-0 Public Service & Administration -or-0 Capital Improvement & Public Facilities
CDI14151712
2013
PUBUC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20
LB:~~~ing~~it~~~';h~~~;-ent~~O~~~T D~~--~.~-=--=.~=.=====--=~======~=====~~~=:=J
Owner Rental Buyer Total
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y / N ___ _ o Performance & Benefit Data: Housing
Total Job Count Total Weekly Hours
Jobs Created Full-Time (FT) FT Low I Mod Part-Time (PT) PT Low / Mod
Projected Goal
Actual This Quarter
Actual Cumulative
Assistance to Businesses Projected Goal Actual This Quarter> Actual Cumulative
New Businesses
Existing Businesses
Total
Percent
Low I Mod Jobs
Supplemental Report Attached Y / N ___ _ o Performance & Benefit Data: Economic Development
PERFORMANCE CERTIFICATION: 0 This certifies that No Accomplishments occurred during this Quarter.
Initials
NOTE: Submittal of Supplemental Form ~. Pelformance& Benefit Data is hot 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 Report is correct, based on official accounting
system and records, and that expenditures and obligations shown have been made for the purpose of and in
accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by: -----=-c---,.,-------Title: ___________ _
Print Name
Date: _____ ~
Signature of Certifying Official: __________ Title: ____________ Date: _____ _
I FOR. PHCDUSEONLY 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: ___ -=~==----_
Project Manager
Name: ____ =---: ____ ~ Date: ____ ~
Supervisor
Warning: Title 18, US Code Section 10Q1, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agency of the United Stales is guifty of a felony. state faw may also provide penalties for-false or fraudulent statements.
fir .":f,~~·;-,·:r-< This material Is available in an accessible fannat upon request. C0/14151712
3013
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFlf DATA: PUBLIC SERVICES -OR-ADMINISTRATION
Supplement to Quarterly Expenditure & Progress Report
FY20
Recipient Name: __________________ _ Reporting Perioti .... . '.'
Activity Name: ___________________ _ l' Quarter Jan-Mar
IDIS#: Activity Category: _____ _ 2" Quarter Apr-Jun
HUD Activity Matrix Code: __ _
HUD Matrix Code Description',
3' Quarter Jul,Sept
4 Quarter [Oct-Dec] I Annual Report
Accomplishment Type: ____ _
0
0
0
0
PROJECT CATEGORY: ACCOMPLISHMENT TYPE I MEASURES: ACCOMPLISHMENT UNITS COMPL.ETED:
o Public Service
o Administration
(Fair Housing Activities)
o People --or-0 Households
Low & Moderate Income
___ # of Persons Served
___ # of Households Served
___ # of Low & Moderate Income
PART 1 • PERFORMANCE MEASUREMENT & ACCOMPLISHMENT INFORMATION
Instructions & Applicability: National Objectives include LMA, LMC, LMH, SSA, SSR, SSS or URG
1. Total benefiting for program year: 2. Counts by Households (H) -or-Persons (P): ____ _
3. Of those assisted, enter the number that:
a) Now have New Access to this service or benefit
b) Now have Improved Access to this service or benefit
c) Now receive a service or benefit that is No Longer Substandard
Total
PART 2 -BENEFICIARY INFORMATION
1. Complete the Direct Benefit Information in the table below for the service or benefit provided for this activity,
Icc~'.::D!::i;{i:1\~2;s;:-!s!X2E2G::Jll!K~J~;!ill§I:.N§:Fj1tJ"!tT~:y;gmT~§M9.~.§~;;:9j;;']ZJ7tt9:g§~[<?IQ:SL:;B3:.;:\(i:';:;~;:~::::.E;::i
RACE & ETHNICITY CATEGORY
Instructions: (i) Indicate the total number of persons or households served in each Racial Category for this reporting
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.
CD/I8/51712V
1 of 3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: PUBLIC SERVICES ---OR-ADMINISTRATION
Supplement to Quarterly Expenditure & Progress Report
FY20
OTHER DIRECT BENEFIT INFORMATION
I Number of Female Headed Households
Census ( C) or Survey (S) Data Used: If (S), enter # of Low/Mod & Total Population:
Total # of Low/Mod in Service Area: Total Low/Mod Universe Population in Service Area:
Percent of Low/Mod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
PART 3 -NEIGHBORHOOD REVITALIZATION STRATEGEY AREA (NRSA) INFORMATION
Is this activity located in a NRSA? 0 Yes 0 No
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami-Dade County's webSite. -SelVices Near
You:http://gisweb.miamidade.govICommimitySelVices/ A copy of the printout must be included with this reporl.
Provide the following information:
N RSA # of Clients Served # of Clients Served
Location I Project Address:
Street / City / Zip Code
Location I Project Address:
Street I City I Zip Code
Location I Project Address:
Street I City I Zip Code
PART 4 -LEVERAGING OF FUNDS [Other Funding Sources]
..,,$'--_____ 1. CDBG Funds ..,.$'--_____ 5. Other Federal Funds
..,,$'--_____ 2. HOME Funds -"$'--_____ 6. State I Local Funds
..,.$'--_____ 3. ESG Funds "'$'--_____ 7. Private Funds
..,.$'--_____ 4. Section 108 Loan Guarantee ..:!$,---~~~_8. Other:
Name of Funding Source
-'$'--______ Total Funds
CDI81S1712V
2013
H1AH~9 ~!LluJ
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: PUBLIC SERVICES --OR-ADMINISTRATION
Supplement to Quarterly Expenditure & Progress Report
FY20
!-@-REQuiR-EOATiAc~MkNTs[if~p~iic~-bi;j~q1)D;-;~-V~~if0~¥i;~T~-~iI~;h~-;~~~:~iiri~~;;;~-;P~¥~h-~~~~ri;-;~~~iV{r\;!
i the ben<)fit;(2)Prin toU(qtNRSA map, if applicable; & (3) any other requjieclclpcument$~describecl .. in. th~'(:;iintra. G.t.or\ I '-'" '_ '_ , _: --,--" -_' -". --"-'-"'.---' --, -" -'. ' ----_ --""., ' ". --"'-:', -'. ,:,' :-,' -, ,-.--' -" ,Scope pfServices, orasinstructedpy the County; . :.... . . .... .. ..... ..j
l ... , ....... ".".,_,_ .• _, . ..:.,".,."., ••..... __ ._.0,.,.,._."" _____ ". __ ."_,_,., .. _'" ... " .. ,.""_~_,."_ ....... ,, .. ,. __ " .. "~" ___ ., .• ,_., .. _._ .• _ .• __ ._.-.. ,"' ___ ." ___ ... ,._._"~ __ •• _+ __ ._."_.,_, __ ~ __ ,_" .... " .. , .. , .. " ... ,.".'"._"._."_, ... _,._, .. ,""_.""._'"_. __ .. _, .•• __ •. ,._ .. ,._ .. '_,._, .. ,,.'" __ ._. _____ . _______ .... _-". __ . ___ •. __ •. ,.,"., ... .1
Report Prepared by: ____ ------=c~7C"-----~Title: _________ Date: ______ _
Print Name
Signature of Certifying Official: _________ Title: _________ Date: ______ _
Warning: Title 18, US Code Section 1 Dot, states that a person who knowingly and wllJingly makes false or fraudulent statements to any Department or
Agency of the United States is guilty Df a felony. State law may also provide penalties (Dr false or fraudulent statements.
® This material is available In an accessible format upon request COl181S1712V
30f3
PHCD SUBMITTAL OF PUBLIC SERVICE CHECKLIST .................... · Agency_ :
: ActivityName · · Fundinq Source I Year :
Amount IIDIS # :
:
Project Location · · · •• " •••••••••••• " ••••••••••••••••••••••••••••• 0."' ........... " •••• " •••••• " ••••••••• " ••••••••••• " ••• , •••••••• 0°
LMI Limited Clientele Criteria (Must check one below & Provide documentation as required)
o 1. Low·Mod Clientele (LMC) -Documentation showing that the activity is designed for and used by a segment
of the population presumed by HUD to be LMI persons; for example:
o Abused children,
o Battered spouses,
o Elderly persons (family whose head, spouse, or sale member is a person aged 62 or older),
o Severely disabled,
o Homeless persons,
o Illiterate adults,
o Persons living with AIDS,
o Migrant farm workers
o 2. Neighborhood Revitalization Strategy Area (NRSA) -Be of such a nature and in a location that it may be
concluded that the activities clientele located in an NRSA:
Obtain documentation that shows the client lives at the address which is located in an NRSA:
• Proof allocation:
• Child(ren) School Records (showing home address)
• Driver License
• Utility Bill (FPL, Water & Sewer, etc)
REQUIRED DOCUMENTATION-NO EXCEPTIONS
• PHCD General CDBG Intake Eligibility Form (Must be Attached)
'Services Near You Print Out (Must be Attached)
(http://qisweb.miamidade.govICommunityServices/
1. Biscayne North
2. Cutler Ridge
3. Goulds
4. Leisure City/Naranja
5. Model City
6. Opa-Locka
7. Perrine
8. South Miami
9. West Little River
Yes No
o 0 o 0 o 0
Yes No
o 0
o 0
NOTE: SHOULD ANY OF THE ABOVE NOT BE PROVIDED, QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO
THE AGENCY AND WILL BE CONSIDERED NON-COMPLIANT
Page 1 of2
PHCD SUBMITTAL OF PUBLIC SERVICE CHECKLIST
o 3. Required Documentation: -Data showing the size and annual income for the family of each person receiving
the benefit and that at least 51 % of those served are LMI.
REQUIRED DOCUMENTATION A MUST -NO EXCEPTIONS Yes No
, PHCD General CDBG Intake Eligibility Form (Current Income Must be Attached) 0 0
Select One Form of Proof to Provide:
, Pay Stub(s) 0 0
* Aid to Families with Dependent Children (AFDC) or
Temporary Assistance to Needy Families (TANF) 0 0
, Food Stamp Official Print out Letter 0 0
, Unemployment Benefits Letter with Amount 0 0
* Proof of Child Support or Alimony 0 0
* Proof of SSAISSI or Veteran's Benefits 0 0
* Proof of Retirement Income (Must be attached for Senior Programs) 0 0
* Other Income 0 0
Prepared by (Print) Agency Official Signature and Date
NOTE: SHOULD ANY OF THE ABOVE NOT BE PROVIDED, QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO
THE AGENCY AND WILL BE CONSIDERED NON-COMPLIANT
Page 2 of 2
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
LMI LIMITED CLIENTELE (LMC) / JOBS (LMJ) / HOUSING (LMH)
NAME: _____________________________________ PHONE: __________________ ___
ADDRESS: _______________________ ZIP: _______ _
Gender: o Male o Female Ethnicity: 0 Hispanic 0 Not Hispanic
Race (Please check the race category which applies to you): o White 0 Black/African American o American Indian/Alaskan Native o Asian 0 Black/African American & White o American Indian/Alaskan Native & White
o Asian & White 0 Native Hawaiian/Other Pacific Islander o Other: Multi Racial
o American Indian or Alaskan Native & Black/African American
List
'INCOIVIEVERIFICMION;bAJA ........ .. . ........ ..
. ' .. ' ....•. ';'.: ." ." •..... ' .. . ' ..
The assistance you receive is determined in part by the size of your household and your income. All income and assets will require
verification before eligibility will be granted. Income includes all money coming into the household from all persons over 18 years old.
Wages, salaries, tips, commissions; Self-employment income; Retirement, SurVivor, or Disabiflty pensions; Social Security or
Railroad retirement; Supplemental Security Income, Aid to Families with Dependent Children (AFDC), Temporary Assistance to
Needy Families (TANF), Food Stamps, or other pubuc assistance, or public welfare programs; Interest, dividends, net rental income,
or income from estates or trusts; and any other sources of income received regularly, including Veterans' \VA) payments,
unemployment compensation, alimony, and child support must be disclosed.
Household Member Source of Income Gross Monthly Amount Received
1. $
2. $
3. $
4. $
5. $
Income Eligibility Acceptable Documentation: Copy of Pay Stubs (from previous employer), Aid to Families with Dependent
Children (AFDC) or Temporary Assistance to Needy Families (TANF) Official Printout/letter, Food Stamp Official PnntouUlelter,
Leiter confinning amount of unemployment benefits received, proof of child support or alimony, proof of SSAISSI or Veteran's
Benefits, or proof of retirementincome. MUST An ACH A COpy OF DOCUMENTS ~ NO EXCEPTIONS.
I, the undersigned applicant, do hereby authorize to verify my personal records, including
(Name d PgJnoj)
wages, pensions, and investments. It is understood that this authorization is granted for the sole purpose of certifying my eligibility
for federal financial assistance, and that all infonnation accuired in this regard will remain confidential.
BY MY SIGNATURE, I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE. I AM AWARE THAT IF I MAKE ANY VViLLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY
OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED VViTH FINES OR
IMPRISONMENT OF UP TO FIVE (5) YEARS, OR BOTH, UNDER SECTION 1001 OF TITLE 18, UNITED STATES CODE, AND I
ALSO MAY BE SUBJECT TO CIVILAND/ORADMINISTRATIVE PENALTIES AND SANCTIONS.
Signature of Applicant Date
Page '1of2 CD/17/51712N3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
COBG INCOME ELIGIBILITY 24 CFR 570.208
Activity classified under family size and incame 24 CFR 570.208(a)(2)(I)(8)
Activity is classified based an income eligibility requirements 24 CFR 570.208(a)(2)(i)(C)
that restrict it exclusively to law-and moderate-income persons
24 CFR 570506(b)(3)(iii)
24 CFR 570,506(b)(3)(iii)
; DEFINITIONS I 24CFR 5iO:3~-~~--------~~----~---~~-~--~'-~-~-~-~~-~--~'----~~'~---'~~---"-~~'-~~-'--~-'--'
i Family means all persons living in the same household who are related by birth, marriage or adoption. ~ i Household means all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, 1
i two or more families living together, or any other group of related or unrelated persons who share living arrangements. ,
i Income. For the purpose of determining whether a family or household is low-and moderate-income under subpart C of this I
I part, grantees may select any of the three definitions listed below for each activity, except that integrally related activities of the i
! same type and qualilYing under the same paragraph of 570.208(a) shall use the same definition of income. The option to ! i choose a definition does not apply to activities that qualilY under 570.208(a)(1) (Area benefit activities), except when the! i recipient carries out a survey under 570.208(a)(1)(vi). Activities qualilYing under 570.208(a)(1) generally must use the area i
I income data supplied to recipients by HUO. The three definitions are as follows: i I (i) Annual income as defined under the Section 8 Housing Assistance Payments program at 24 CFR 813.106 (except that if i
I, the COBG assistance being provided is homeowner rehabilitation under 570.202, the value of the homeowner's primary I
residence may be excluded from any calculation of Net Family Assets); or i
Estimate the annual income of a family or household by projecting the prevailing rate of income of each person at the time I
, assistance is provided for the individual, family, or household (as applicable). i
I Estimated annual income shall 'Include income from all family or household members, as applicable, Income or asset I i enhancement derived from the COBG-assisted activity shall not be considered in calculating estimated annual income. i
: Low-and moderate-income household means a household having an income equal to or less than the Section 8 low-j
: income limit established by HUO. i
: Low-and moderate-income person means a member of a family having an Income equal to or less than the Section 8 low-)
i income limit established by HUO. Unrelated individuals will be considered as one-person families for this purpose. i
! Low-income household means a household having an income equal to. ar less than the Section 8 very low-income limit i I established by HUO. I
, Low-income person means a member of a family that has an income equal to. ar less than the Sectian 8 very law-income i
; limit establlsheE.tJY HUO, Unrelated individuals shall be co~!.~".'ed as o,:,~:person famili.~.~Jarthl$ purpose. . I
INSTRUCTIONS FOR IMPLEMENTING AGENCY ! You must first seek th'irdiiarty verification. This is" verification that is received"dfrectly-fromttie'sou;Ce-ofincame~:The requestGanl
, be by mail, fax, or email. It must be clearly evidenced that it was received from the source. J
Warning: Tifle 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 felony. state faw maya/so provide penalties for false or fraudulent statements.
. 1i;r This material is available in an accessible format upon request.
20f2 CD/17/51712N3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
M.~AM .. a '.:;e'\ .'Hi
Date:
Recipient Name: Activity
Name:
lOIS Number:
1. Persons Assisted
Last Name First Name
INSTRUCTIONS
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
List of Persot:ls Assisted (Public Service)
Supplement to Quarterly Expenditure and Progress Report
2nd Quarter [Apr -Jun]
3rd Quarter [Jul -Sept]
4th Quarter [Oct -, DecYAnnual Report
2. Status 3. Address
New Existing House Number Direction Street Name Street Type
0 0
0 0
0 0 ·
0 0
0 0
0 0 ·
0 0
0 0
0 0
0 0
0 0
0 0
• 0 0
0 0
0 0
i. Flil in name of the person for which public Services were provided.
2. Enter a check mark in the column that matches the person's status [New-or-Existing], \
3. Enter the complete address of the person aSSisted, e.g., House Number, Direction, Street Name, & Street Type.
4 Enter Yes or No as applicable if the person lives in one of the NRSAs.
D
D
D
4& 5. NRSA
h ttE:/ / '{z.iswe b.m iamida de.gpv / Commun I!yServlces/
Lives in a NRSA? Name ofNRSA
DYes DNO
Dyes DNo
DYes DNO
[Jes DNO
Dyes DNO
DYes DNo
Dyes DNo
DYes DNO
DYes DNo
DYes DNO
DYes DNO
Dyes DNO
DYes DNO
Dyes DNO
Dyes DNO
5. If yes, view NRSA map at http://gisweb.miamldade.gov/CommunityServices/to detennine correct NRSA location and fill in the name of the NRSA: Goulds, Leisure City, Melrose, Model City,
Opa~Locka, Perrine, South Miami, West Little River, Biscayne North or Cutier Ridge.
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements \0 any Department or Agllncyof the United States is guilty of a felony. State law may also provide penalties
lor lalsa or fraudulent statements.
~ ~ This material is available in an accessible format upon request.
Page DofD CD12a/12513N3
t
· MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is
to foster the implementation of environmentally compatible activities. As a grant or loan
recipient, Miami-Dade County will not fund projects that will negatively impact clients,
communities, or the environment.
Part I. AGENCY AND PROJECT DETAIL
1, Indicate Funding Source:
o CDBG o HOMELESS (SRO/SHP)
2.lndic;ate Fiscal Year: FY-20 __
3, Name of SubrecipientiAgency:
4, Name of Proposed Activity:
o HOME
DEDI
5. Location (Address with City, ST and ZiD) of Activitv or Proiect
6, Site Folia Number(s):
7, Commission District(s):
8, Direct Contact information of loan/grant recipient:
o HOPEVI
o NSP
I Name: Address:
I State:
I Fax:
I Zip: City:
Phone:
g, Detailed description of activity or project:
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
11. What is the status of activity or project? For example, Pre-Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed, etc.
Part II. PROJECT OUTCOME
Will the activity or project result in the following?
YES NO
1. Change in use
2. Sub-surface alteration (I.e. excavations)
3. New construction
4. Renovation or demolition
5. Site improvements (utilities, sidewalk, landscaping, storm
draina~e, parking areas, drives, etc.)
6. Buildin~ improvements (windows, doors, etc.)
7. Displacement of persons households or business
8. Increase in population workinq or livingon site
9. Land acquisition
10. Activity in 1 OO-year floodjJIain
11. A new nonresidential use generating at least 1,375,000
~allons of water or 687,500 qallons of sewa.9..e -,,-er day.,
12. Use requiring operating permit (i.e. for hazardous waste,
pretreatment of sewage, etc.)
13. A sanitary landfill or hazardous waste disposal site
14. Tree removal or relocation
15. Street ifTl!ll'ovements
16. The impounding of more than 10 acre feet of water (e.g.
diqqinq a lake or divertinq or deepeninq of a body of water).
Part III. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed land use:
• Existing?
• Proposed?
2
• Does the site have any known contaminants?
DYES. D NO
• 11th ere are known contaminants, has a Phase I audit been completed? If yes, a copy
of Phase I Environmental Audit certified to Miami-Dade county must be submitted to
determine the likely presence of either a release or threatened release of hazardous
substance.
DYES
2. Site Plan:
D NO
Does the proposed activity include a new structure(s) or site improvements on a site of one
(1) acre or more?
DYES D NO
If yes, a site plan must be provided. Project(s) will not be environmentally reviewed without a
site plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
DYES D NO
If yes,
photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
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 D NO
If yes, what is the estimated cost of rehabilitation or renovation? ________ _
What is the amount sought for funding?
In addition, indicate if the estimated value of the improvement represents:
D 0 to 39.9 percent of the market value of the structure(s)
D 40 to 49.9 percent of the market value of the structure(s)
D 50 to 74.9 percent of the market value of the structure(s)
D 75 percent or more of the market value of the structure(s)
3
1.
2.
3.
4.
5.
6.
7.
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 D NO
If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hpzardous facilities, solid wastellandflll facilities and
underground storage tanks (available through the Department of Permitting Environment and
Regulatory Affairs (OPERA), Florida Department of Environmental Protection (FDEP) and
U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soii.
Has a Phase I been performed? DYES D NO
6. Environmental Health Information:
• If a residential site, and the activity includes or involves rehabilitation, has it been inspected
for defective paint surfaces?
DYES D NO
If yes, please submit the results.
• Have any child under the age of six at the site been tested for elevated levels of lead in the
body?
DYES
If yes, please submit the results.
7. Other Site Information:
Flood insurance required?
Public water available on site?
Public sewer available on site?
Children under 6 years of age residing on
site or relocating to site (including day care
facility)?
Hazardous waste disposal facility?
Storage of hazardous materials on site?
Abandoned structure(s) on site?
D NO
YES NO
4
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized
budget describing the major components of the rehabilitation program planned, and a photograph
of the property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I
clearly understand that any omitted and/or incorrect information will delay the initiation of the
environmental review process by the PHCD staff. As such, I am aware that omitted information
could delay the commencement of my organization's project. I understand all approved
environmental reviews are valid for one (1) year maximum.
Print Name Signature
Name of Organization or Corporation
Unless otherwise indicated, return completed form and attachments to:
Project Management Division
Public Housing and Community Development
701 NW 1st Court -14'" Floor
Miami, Florida 33136
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity EXEMPT* CENST*' CEST*'*
Economic Development
New Construction
Rehab X'
Non-Construction/Expansion X
Housing
Single Family Rehab X·
Multi-Family Rehab X'
New Construction
Homeownership Assistance X
Affordable Housina Pre-Dev. X
Capital Improvement
Handicapped Access X
Public Facilities X'
Infrastructure X'
5
Title
Date
EA***'ir
X X2
X2
X
X2
X2
Public Services
Employment X
Crime Prevention X
Child Care X
Youth or Senior Services X
Supportive Services X
Type of Publication No Public No Public No Public Notice/No
Notice/No Notice/No RROF (No Statutory
RROF RROF Requirement
Triggered)
Or
Publish NOI/RROF
Estimated Time Frame (Excluding 30-45 Days 30-45 Days
Triggered Statutes)
X' If for continued use and change in density (or size) 01 less than 20%
X2 Change in density (or size) 01 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)
6
(Statutory
Requirement
Triggered)
45-90 Days
CD/43/31413
Publish
FONSI and
NOI/RROF
90 Days
Minimum
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCO)
ATTACHMENT E'
AFFIDAVITS
Uniform Affidavits
Federal Employer IdCfllffication Number (fEIN) Dun & Brads\reet Number (D·V~ti.S"')
I . ,
A} Nam of~n (y, I IvJdua((s). Pal1ners (lr Corpotatlon B) Doing Business As (lfsll.me as line A, leave blank)
1t1I:'il &w-O,..,ve... ~v1h 111iu!11: =*n.~_
s!f\;st Addfess (P.O. Box Number Is not permitted) City State (U.S.A)
1, MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIOAVrr
(Seo. 2·8. 1 of the Mlaml·Dade County Code)
IlSA '-?~/<f3
Country Zip Code
Finns registered to do business with MIami-Dade County. sh.all requIre the perSon contracting or transacting such business with
the County to disclose ullder oath his or her fuillega\ name, and business address. Such contract or transaction 5hall also require
. the disc!osure under oalh of the full legal heme !lnQ business address of all Individuals having any interest (legal. eqUitable,
beneficIal or olherwlse) 10 the contract other tosn subcontract(ll'S. matorialmen; supplie.l1>, laborers. Of lenders. Post office box
aduresses shall not be accepted hereunder. ffthe contract or business transaclion is with a corporation tf1e foregoing Information
shall be provided for each officer find dlrecto( and each stockhOlder holding, dlr~{)t1y or indlreclly, five (5) percent or more of the
outstanding sloc\{ In the corporation. Ifihe contract or business transaction is with a partnershIp, the foregoing Information shall
be proviqed tor each paftner. Jf tbe contract Of b\Jslne~s transaction Is with a trust, the foregoing Information shall be provided for
the trustee aha each beneficiary of the-trust, the fotegolng disclosure requirements shaH not a.pply tQ ctmtracts with publicly·
traded corpo~.qtiorts, or 10 contracts with the United States or any dep.ariment or agency thereof, th.e State or any poUllcal
subdivIsion or agency lhereof, or any.mutliclpamy o1lhis State. Use duplicate page if needed 'for additional names,
If no offlcer, dfrecior orstockhpldi1r owns (5%) or more of stock, please wJite #None" below.
FUll . NAME TiTlE
.. ", •..
':~~. ,
~
0 ~l FULL LEGAL NAME TITLE AODRESS M F 'il
! • P' "-,
~ f ~
-< .j "~ ~ c ,~ )3 ~~ h ..
,
-'
,
lie I ' ,f Ih. firm I, cwnM by • puO/l,/y I , Ind"sle below In /he 'P'" ·Olh."
.
I I
I I·
CD/421~1413
~
\
MIAHflWlil tm!1 -PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
2. MIAMI-DADE COUN1Y EMPLOYMENT DISCLOSURE AFFIDAViT
(County Ordinance No. 90-133, amending Sect/on 2.8-1 (d) (2) of the Miamf-Dade Counfy Code)
The foJlowlng information Is for compliance ,with an (tems in ths aforementioned SectIon:
1. Does your firm have a collective bargaining agreement with its employees? Yes No
2. Does yourfill'l'l provide paid health care benefits for its J::lmployees? Yes No
3. Provide a current bfeakciowll (number of peraons.) In your firm's work force indicating race. natlonal origin and gender.
NUMBER OF EMPLOYEES
Males
White
. Slack
Hispanic
Asian I Pacific Islander
Native American I Alaskan Native
other
Total Number of Employees
3. MIAMI'OADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT
(Sectfon 2-8.1.2(b) Q/fhe Miami-Dade County Code)
Females
.1
Total Employees
Alrpersons and entities that contract with Miami-Dade County' are required to certify that thay will maintaIn a drug-free workplace
and such persons and entftles.are required to provIde notice to employees and Impose sanctions for drug vlo!aUons occurring in
the wOlkplace.
In compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, the above named firm is providitlg a drug-free
'Workplace. A wrltten statem&nt to each employee shall·lnform the employee about:
1. Danger' of drug abuse in the workplace
2. The fim'i"s pOlicy of maintaining a drug·free envitonment at all work places
3. Availability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be imposed ~pon employees for drug abuse violations
The firm s.hall also require an employee to sign a statement, as a condition of employment that the employee will abide by the
taims of 1he drug-free workph;!ce policy and rlOtlfy the employer of any criminal drug conviction occurring no later than five (5}
d\1Ys after receiving notice of such conviction and impose appropriate personnel actIon against the employee up to and including
termination. Firms may also C(Impfy with the Co.unty's 0(U9 Free Workplace Certification whe,e a person. or entity is req~jTed to
have a drug-free workplace policy by another local, state or federal agenoy. or maintains such a policy of lis own accord and such
policy meets lhe intent of this ordinanCfl.
4. MIAM~DADE COIJNTY DISABILITY AND NON-DISCRIMINATION AFFIDAVIT
(Article 1, Section 2-.8.1.5 Resolution R-182-00 Amendfng R·38fj~95 of the Miami·Oade Counly Code)
Arms transacting business with MiCimi-Dade County shall prov1de aTi affidavit Indicatlng compliance wIth all requirements of the
Americans with Disabilities Am (A.DA).
I, state that this firm, is in compliance wlth and agrees to continua to comply with, and assure that 3hy SUbcontractor, (lr third party
contractor shall comply with all applicable requirements of the laws IncludIng, but not limited to, those provisions pertaining to
employment. proviSion of programs and services, transportation, communications, .access to facilities, renovations. and new
construction.
The American wlt~ Disabilities Actor 1990 (A.D.A.), Pub. L. 101-336, 104 Stet 327. 42 U.S.C. Sections 225 end 611
Including TiUes I, II, III. tV and V.
The Rehabilitation Act of 1973, 29'U.S.C. Section 794
The Federal Transit Act, as amended, 49 U.S.C. Section 1612
The F~lrHousing Ad:. as amended. 42 U.S.C. SectIon 3601:3831
Page2of$ OD142131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
I hereby affirm that I 'am In cOfnplfanc6 with the below secilons:
Section 2-10,4(4)(a) of the CDde of MiamJ...D8de County (Ordinance No. 82.37), which requlre~ that all properly licensed
archllectural, engineering, landscape arcliilectural, and land surveyors have art affirmative actron plan on file with Mlami-Dade
Coun1y
Section 2-8.1.5 of the Code of Miam/..fJade County, which requires that firms thai have annual gross revenues In excess of five
(5) million do/lars htJ'le an affirmaUve at!r'of] pf8n and procurement policy on file with Miami~DBde Counly. Firms thaI have a
Board of Diroclors that am representative of the populalion make-up of the 11BUon may be exempt.
-5. MIAMI-DADE COUNTY DEBARMENT OISCI.OSURE AFADAVIT
(Section 10.38 Df the MJami-Dade County Code)
Firms wishing to do buslness with Miami-Dade County must certify that it's-contractors, subcontraclOls, officers, principals,
stockholders, or affiliates are not debarred by the Covnty before sUbmining a bid,
I; connrm that none or this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami·
Dade county.
6, MIAMI.DADE COUNTY AFFIDAVIT RELATING TO 1N00VlDUALSAND ENTffIESATTESTING BEING CURRENT IN THEIR
OBLIGATIONS TO MIAM~DADE COUNTY
(OrdInance 99~162, emending Section 2-8.1; Ordinance OO~30, amending Secllon 2-8, 1 (e), and Ordinance 00-67, amending 2-8. 1
(h), of the Miaml·Dada County Cod.) J
Firms· wishing to transact business with Miaml~Dade Counly must certify thai aU delinquent and currently due fees, taxes· and
parking tickets have been paid and no individual or enlily in arrears in any payment under a contract, prGmlssory note or other
document with the County $hall be allo\."led to receive any new business.
I, confirm that all delinquent and currently due fees or taxes Including, but not limiled to, real and peroonal property taxes,
corwention and tourist development taKes, utilily taxes, and Local Business Tax Receipt collected In the normal course by the
Miami-Dade County Tax Collector and County Issued parking tickets for vehicles registered In the name of the abQVe firm, have
been pald.
)" MIAMI·DADE COUNTY CODE OF BUSINESS ETHICS AFFfDA VlT
(Arllcle 1, SectIon 2~8,1(I) orth6.M/aml-Dade Co~mly Code through (6) and (9) of the County C{Jde and County Ottflnance No 00·1
amending Section 2-11,1(0) of the County Code)
FIrms wishing to transact business with Mlaml-Dade County must certify that it has adopted a Code thal complies wR~ the
requirements of Section 2~a.1 of the County Code. The Code of Business Ethics shall apply to all business thal the contractor
does witn the County and shaH,· at a minimum: require the contractor to comply with all applicable .governmental rules and
regulations,
I confirm that this firm has adopted a Code of business ethics Which complles with the reqUirements of Sections 2-8,1 of the
County Coda, and tnal such code of blJ~ness ethics shall apply to al! blJslnes;l.lhat this firm does with the County and shall, at a
mjnimum~ require 1he contractor to comply with all applicable governmental rules and re9~lations.
8, MIAMI·DADE COUNTY FAMILY LEAVE AFFIDAVIT
(Artfcle Vof Chapter 11, of the MIami-Dade County Cade)
Arms contracting business with Miami-Dade County, whlch have more than fifty (50) employees for each working day during
each of.twenty (20) or more work weeks In the current or preceding calendar year, are required 10 certify that they provide familY
leavlf;J to their employees,
FiJms with less than the number of employees indicated above are exempt from this reqUirement, but must lndfcale by letter
(signed by an authorized agent) ii:lat it does not have the mInimum number of employee$ requIred by the Ct)unty Code,
J confirm that if applicable, Ihls firm· complies wilh Article V of Chapter 11 at the County Cods, whk:h requIres that firms
contracting' blJs!ness with Mlami·Dade County whIch have more than fifty (50) employees for each working day durlng each of
twenty (20) or more work weeks In the curfEmt or preceding calendar year are rlf;Jquired·to -certify \hat they provide f~m1ly leavQ to
Page 3 019 CDI.42131413
,.
their employees,
PUBLIC HOUSING.AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFJDAVITS
Uniform Affidavits
9, MIAMI-DADE COUNTYVV/NGWAGE AFFIDAVIT
(Section 2-8.9 o(ff/e_of.(he Miami-Dade Couroy Code)
All applicable·eo.ntradQTS_ enterilig into a contract with the County shall agree to pay the prevaHlog lIving wage. requiled by this
sedion of I,he County Code;
I confjrm that if applicable, this firm complies With Section 2-6,9 of the County Codei,which requires that all applicable employers
entering a contract with Miami-Dada County shall pay the: prevalUng living wage required by Ihe sectio'n 'of the county Code.
10, MIAMI-DADE COUNTY DOMESTIC LEAVE AIID REPORTING AFFIDAVIT
(ArtirJle 8, Seotion 11.A-60 -11A~6? of Ihl< Ollhe Mlan);;Dade Cgu(lty Code)
firms wishing to traf)sact bus'in~ss: wilh N!1aml·Dade County must certify Ih<lt ii I~ -in Compliance with 1he Domeslic leave
Ordinance.
I confirm that If applicable, this firm 'complies with the Domestic Leave Ordinance. This ordinance applies to employers that have,
Iii tM; regular course' of busIness; frfly (50)_ O( more employees,w9rking in Miaml·Pade county for each working day' during ,the '
current or prece~ing calendar year,
11, MIAMI,DADE COUNTY CRIMINAL RECORD AFFIDAVIT
(Section 2-8. 6" of the Mi8-mi-D~de CountY Cooe) /
Th~ individual cir entity enlering in.to a contract or receiVing funding from ihe County ~'_' has _V_ h has not as of the date'of
this affidavit been convIcted of $. felony ~~ring the past ten {10)_years, /
An off.icer, direchlT, _or exe.cutive of the e'ntUy_ enteri_ng [\lt~ a con{nact' or w_Cli!lving funding irQm the COl!nty"_' __ ha's _./_ h 'as"
not ~softh!s <.1at.e l}eefl '?Q"ovl,cte;q. of a fefony QUf.!ng,tt)e past len (10) ye:ars. "'~
(Signature)
Sworn to and subscribed before me (hi" --,c2-,-_I_ day of _,,-0_e/-'--~7~f' . =. --=. -'--" ___ <. 20 /3-;-
Personally known,-/_'_-' __ ,-~~ ____________ -----,""----:;-
Or produced identification Notary Public-State of 9~0
---::~--;-:-;---,:;;--;;---;c---~-~--My commission expires () ut I? ' ~/;7
(Type ofidentification)
~yped "pf s~amped cOrllr:nissioned ri~rne of notary public)
Page 4 019 (;0/42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
for , t.".t"H
(Print name of entity submitting sworn statement)
whosebuslnessaddressls h(5~ cl?i1)-(f-Otz,·VJ. ,MiCt/¥!" FL .'331 '-1'5
I
and if applicable its Federal Employer Identification Number (FEIN) is 5Z-6t~b'('1,I. If the entity
has no FEIN. Include the Social Security Number of the Individual signing this sworn statement
2.-I understand that a "public e{ltlty crime" as deiined In paragraph 287.133 (1.) (g), Florida Statuies, means a
violation of any state or federal law by a person with respect to, and directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the United
States, including, but not limited to any· bid or contract for goods or services to be pruvided to public ent~y or
agency or political subdivision of any other state or of the United States and involving antitrust, fralJd, theft,
bribery ,collusion, racketeering ,conspira.cY ,of material misinterpretation.' .
3.-I understand that "convicted" or "conviction' as defined in Paragraph 287.133 (1)(b), Florida Statutes. means
a finding of guilt or a conviction of a public entity crime, with Of 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 lrial, or entry of a plea of guilty or nolo contendere.
J .
4.-1 understand that an 'Affiliate" as defined In para9,faph 287.133 (1)(a), Florida Statutes mean.s:
a) A predecessor or successor of a person convIcted of a public entity crime or; c
b) An entity under the control of any natural person who is active in t~e management of the entity and who
has been convicted of a public entity crime. The term 'affiliate" inclUdes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest in
another person, or a pooling of eqUipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 moths shall be considered an affiliale.
6.-r understand that a "person" as defined in paragraph 287.133 (1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States within the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The
term "person" includes those officers, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
Page 5 of 9 CO(42/31413
, ,
i
" [ ,
I
?
j ,.
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
6.-Baseq on information and belief, the statement which I have marked below is true in reiation to the entity
submitting this sworn statement (Please indicate which statemehlapplies) .
~ Neither Ihe entity submitting swomstatemen, nor any of ils officers, directors, executiVes, partners,
snareholders, employees, members, or agents who are active in the mariagemenl of Iheentily, nor ,my affiliale
of the entity has been charged with and convicted ofa pUblic entity crime subsequent to JUly 1, 1989.
The entity submitting this sworn statement, or one or more of its Officers, directors, executives, partners,
Shareholders, employees, members, or agents who are active in the management of the entily, or an affiliale of
the entity, or.an affiliale of Ihe entity had been charged with, and convicted ofa public entity crime subsequent
to July 1;1989, AND (please indicate which additional statement applies),
_. __ The .. entity submitting this sworn statement, or one or more of its officers, directors, execl,ltive!;l, partners,
shareholders, employees, members, or agents who are acfive 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 oi the State of Florida,Division of Administrative Hearings and the Final Order enterE).d by the
Hearing Officer determined that it was not in the pubiic interest to place tile entity submitting .this sworn
stalement on the convicted vendor list. (attach a copy ofthe final order). .
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR'rHE
PUBLIC ENTITY IDENTIFIED IN PARAGRApH 1 (ONE) ABOVE IS FDR THAT PUBLIC ENTITY ONLYANb.
THAT THIS FORM IS VALIDTHROI,JGH DECEMBER ,1 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTRING
INTo A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVlillW IN SECTI0N-?87,017
FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN E11I!FORMATION CONTAINED IN
THISFORM. . .
(Signature)
.,;)/ ci " ~/J. / S...,. Sworn to and subscribed before·me this day. of~ __ ~~I--==--___ ' 20 __ . .
. Personally known,_~ __ ' --________ -------z::-----;---;;--
Or prodtl¢ed Identiiicatibli Notary Public-Slale of ~z:'tU~
---;o~--;~-:c;-;c-,~-------My comll1ission eXpires /!c.tl? ,,;;;ry'?
(Type of identification)
Pa~e 6 019 CP/42131413
Hl"HI'D ~ . PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHeD)
ATTACHMENT E
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
COBG Commercial Loan Project
U.S.HUD Sadion 108 Loan
Other HUO Funded Programs
Other (liens, fines, loans, occupational licenses, etc.)
If YES; please explain:
YES
2.-00 you have any past due financial obligations with Miami-Dade County?
YES ____ _ NO/
If YES, plea,,, explai~:
3.-Are you a rdatlve of or do you have any business or financial interest; with any elected Miami-Dade County
official, Miami,Dade County En1ployee, or Member of Miami-Dade County's Advisory Boards?
YES __ ~. NO J
If YES, please explain:
AnY.faise Informat,oll p-ro .... lde"'d.!l!' _,-,,!!,rdavu wi!! be reason for rejectio() and disqualification' of 'your' project-fundh\9 requ~st to Miami-Oaql3
County .
The' ansWers to t $, are correctly state~ to the best of my kri?wli;ldge and bellet.
8y; -:::J8i~~~;nt)'--'---f Applicant) ( ate)
. s~rn to and sub~cribed Defore me this ~/ day of t2~J
PersonallY known.~·. -'~'--_.~' ______ ~ __ ~ __ ~ _____ ~~_-~
Or prociuced identification _________ • Notary Public-~taie of (92"~
---;:;:--~"--=-'-;;--:7---------:-My commission. expires ;J if /(,. ;;):!J( 1
(Type of identification)
20J~ , '--
d; typed or st~inped commISSIoned nanw of notary .public)
CDI42i31413
. !
HIAMfE) ·ezmm PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E·
AFFIDAVITS
Uniform Affidavits
COLLUSfONAFFIDAVIT
(Code of Mlami·Dade COLmtySection 2·8.1.1 and 10·33.1) (Ordinance No. 08.113)
BEFORE ME, A NOTARY PUBLIC, personally appeared (~'l X A/uN"ocLUWhO being duly
sworn states: (insert name of affiant)
I am over 18 years of age, have personal knowledge of lhe facts stated in this affidavit and.1 am
an owner; officer, director, principal shareholder andlor I am otherwise authorized to bind th" bidder of
thisconlract
I sre that the bidder of this .contract:
'Elis 110t related to ·any· of the other parties bidding in the competitive soliCitation, and that the·
. contracto(s proposal Is genuine and not sham or collusive or made in the ihterest or on behalf 6f
. any person hot therein named, .and thaI the contractor has. nat, directly or indirectly, induced or
soliGitedany other proposer to put in a sham proposal, or any otherpersdh, firm, or corporation to
refrain from proposing, and that the proposer has not in any !llanoer soughtby collusion to secure
to the proposer an advantage over <;Iny bther proposer.
OR . o is related to thEifoliowing parties who bid in the solicitation which are identified and listed below:
Note; Any Person or entity that falls to submit this executed affidavit shall be ineligibte for cOnlract
award .. In the event a,recommended contractor identifies related parties in "be competit,v8solicitation its
bid .. shaH.be presumed to be collusive and· the recommendedcontractoishall·be Ineligible for award
unless that Presumption is rebutted by presentation of eVidence as to Iheextent of ownership, conlrol
anp management of such related parties In the. preparation ~nd submittal of such bids or proposals.
Relate1 parties shall mean bidders or proposers or the principals, torporate . officers, and managers
thereof which have .a. qlrect Or Indirect ownership interest in 'another bidder or proposer for the same
agreement or In which ii parent company or th.e principals lhereof of one (1) bidder dr proposer have 1:\
direct or indire,,! o~ersiiiPffiterest in anoth .. r bidder or proposer for the same agreement. Bids or
proposals found <fbe collusi e shalt be rejected. . I. __
By ~ ~I 20/5-
Signature Of Affiant Date
en ., t:l . s:...l:L-.l£JQ.J!l,J OI:Lr5ILI
Printed Name of Affian( and Title Federal Emplo~"r Identification Numper
0,4 t2t cWb Ur eJ-mi' .
Page8of9 COl42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
. Uniform Affidavits . .... . £. _
SUBSCRIBED AND SWORN TO [or affirmed) before me thisd/ _day of t2~ 20~ .,5.
.3de/Shfie iS
t
. per~-"-,,l'!:'..k.<::"."'P 10 me or has presented ____ -:--,;:====== __ as.
I entt lea 1011. Type of ide.nlification
/,. Signalurp.tota~ • • -L 17i./I) !t' ~7-&1J-
Plint or Siamp Name of Notary
aFi 'f'Y'. rial N .. u. mbe,.. 7 ~dd.. ~/
Expiration Date
Notary Public -Stale of 1~ .
Notary Seal
Pago9 of9
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY tAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8;1 (c) of the Code of Miami-Dade County. as amended by Ordinance No. 00-30)
and
THAT DEVElOPERJS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h) of the Code.of Miami-Dade County, as amended by Ordinance No.DO-G7)
I, SbV8I1:J: !l/<t:.r.IlW , ' being first duly sworn, hereby state and certify that the
foregOing statements a.re true a.nd correct;
1. Tha,t 1 am, the Deve, loper (if the Developer, is an individual). or the(]~ Jt.Iell."CP"'(fill in the title of
the position held with the Developer) of the Developer_
2. That the Developer has paid all delinquent and currently due fees or taxes (Induciing but not limited, \0,
real and personal property taxes, utility taxes,and occupational taxes) collected In the normal courSe bY
the Miami-Dade County Tax Collector, and County Issued parking tickets for vel)icl~S registered In the
name, of the atlove developer, have been paid.
3, That the Developer is not in arrears in excess of the enforcement threshold under any contract" final
non-appeasabie Judgment, or lien with Miami-Dade CountY, or any 01 Its agenci~s or instrumentalities,
includlrigthe Public Health Trust, either directly or Indirectly throu~h a firm, corporation, partnership or
joint vl;nture In which the Developer has a controlling financial interest. For purposes hereof, the term
"enforcement threshold" means any arrearage under any Individual contract, non-appeal ablejudgnient,
or lien with Miami-Dade County that exceeds $25,000 arid has been d",linquentfor greater than 180
days. For '"~",, , ere 01, the term "controlling financial Interest" means ownerShip, directly or
indiree, teri percent or more of the o4tstandlng capital stock In any corporation, or a 'direct· or
In . ect interest of te' ent or more In a firm, partnership, or other business entity.
By::~ __ ~~~~~ ______ __
ig ature of Affiant
v~.d~/, ,,20 J-b '
Date.
.LLJlLIll'~!C....:...jL.&k\.!,.""-'''-+''-'L!;::UU( 4ft r 07/? t cJ to t CI 1.5131 b....J....J .
.., , "Federal Employer Identification Number
Printed Name of. Fiim
~Jl(f1Jcf-Db'>£.. / 41. let;IA' I R-~:? I '1'5
Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me thiS.,;)! day a! !2*J1 ,20 /J,-:-
By sikwtI '1JIePU'Ir .. .lli>/She'ls e.:!:"..,:~ally~own to meor has presented
___ ~ ___ ,.--.'-~ ________ as Id"ntlfication,
:tit ' Signa , ra ofNolary!
-lin ;; GJthviJ.
Print or Stamp Name of Notary . _ ExpiratiorlDate ,
Notary Public-State of ~'
,
I
r ,
CERTIFICATION REGARDING LOBBYING
CerJification for Contracts, Grants, l,osns.l1d Cooper.tiveAgrecmenls
TIl~-lInders_igned certifies, to,the best of his or her knowledge and.belief, that:
l. 'No Federal appropriated funds have been paid or wili be paid, by oJ: on behalf of the
,undersigned, to R!lY person fur inflnencing or atteI1)pting to influence au officer or
employee of ail agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in cormection ",itb: the awarding of any
Federa! contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal' contract, grant, loan, or
cooperative agreement.
2, Ifany ofthefuuds other ihanFcderal approprialedfunds have beeupaio or wm'be.
paid w any person for influencing or ~ttentptlilg to influence ail ofl,icer or,employee
'of any agency, .a Memb", of Congress, an officero! employee of C6ngres~i Or <U1
employee of a Member o[Congress in connection with lhis Federal contract, grant,
loan, or cooperative agreement, the underSigned shall complete and,suhrnit Standard
Form LlL,"Disclosure Form to .Report Lobbying," in accordance with its
instructions ..
',3, The undersigned shall require tilat the larlllJage of th;~celtlfication be included i1)
the award docunients for alJ,s~bawards at all tieci. (jnchlding subcontracts, subgrants,
, and, contracts under grants, loans, and cooperatiye agreement in excess of $1 00,000) ,
, 'and that all sub recipients shall cert,Uy and disclose accordingly .
. --.,-.. "" ., . . '. . '. .
'4, This certification is a matelial repreecntation of fact upon which reliance was placed
, when this transaction was IDade or entered ,into. Snbmission offuis certification isa
prercqvisite for making oreoterin!> into this traOsactionimposed by section. 1352,
title 3!, u, S. Code. Any person Who fa\ls 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
_"'fuU~~~_ __
By: ~ '___....
(SlgB.IIlure <tt AuthQrJud Jl;erires/!ntJ).l1v~) t
Print: Cif\d/-r ~~~~~~~~~~~~~~~~~~~~~.
flifTji!l/~:;;~fFi,m 'n; Aul on". R'p,.".,.li,,)
Title:
Date:
~ South ~Miami
TH~ ClrY OF PLEASANT LIVING
DISCLOSURE ABOUT RELATED PARTIES
August 20, 2015
THERE ARE NO BOARD MEMBERS OF THE CITY OF SOUTH MIAMI WHO HAVE ANY
RELATIONSHIP PR HAVE MADE ANY TRANSACTION WITH OTHER ENTITlES THAT
MIGHT RESULT IN A CONFLICT WITH THE nTYOF SOUTH MIAMI OPERA TrONS.
City of South MiamI I 6130 Sunset Drive I South Miami, FL 33143-5093
305.663.6338 I southmiamifl.gov
Miami-Dade County
contractor Due Dlligen~ Affidavif
Per Miami-Dade County Board of County Commissioners (Board) Resolution No. H-S3-14. Counly Vendors and Contractors shall disclose Ih. following
as' a condilkm of award for any'conlradlha! exceeds one million dollars ($1,000,000) S'r thai otherwIse muslb"e presented to the Board for approv~l:
(1) Provide a lis! of ali laWsuils In Ihe five (5) years prior to bid nr proposal submiftalU .. t have been filed againsllhe film. ils direclors, parmers,
principals and/or board members based on a breach of corirraGt by-the firm; Include the case nams, number.and di.sposilion:
(2) Provide a list of any inslances In Iha five (5) years pnor 10 ~dor propoS'il1 submittal where the firm has def,ulled; Include a brterdescnpllon of
the circumslances;
(3) Provide a lislof any instances In the five (5) years pnor 10 bid or proposal submittal where the finn has bIlendebarred or received a formal
notice of non-pompliance or nDfJ-performance, s'uGh as a notice to cUre-or a suspeilsion from partl.cipalirlg, or "bid~ing ror 6oq~rac\s, Whether
related 10 Miami-Dade Counlyor nol.
All of Ihe above Information ,nail be allached 10 the execuled affidavit and submi«ed to the Procurement Con~acling Officer (PCO)I AE Selection
Coordinator overseeing"this 5O»ciiaU.oo. The Vendor/Conlrm:\or attests [0 providing aU of the above rntotmal)O!ll if appllcablo, 10 the PCO,
contract No, :
,C,ontract Title":
Federal Employer
_____ ------IdenmiG,tion Number (FEIN):
Signa1!Jl€ of Affiant
Dale
Zlp Cod,
Nqlaf)' PubliG-Slate of
Notary Publfc Information X~
-,,~,--,,' elL, ,,,,,,',,,,",'qd=-~_ Coun~of ~, !-d(~t-
o day 01, ~ ~ /.j,~
He or she Is pnrsona!ly known 'lo,m~ ~" or has prod0ced !derlllfieation
S·u6strib'ed and sworn to (or iilfirmed) before-me Ihls
by sir ~(,/I!~at;~hp.bv~, ,,"""'-.','
,
lype 01 Idenilficalioo produced
signalure o[ tar)' Public
elI/-mit, ;;C;;frld IYJ-
Pdnl or Siamp 01 NolaI)' Public
'---~~" ... --"-,,,---.. ,
212014
1,·
MIAMI.Wet
~ .
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
ETHICS DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS
Applicant: City of South Miami Mailing 6130 Sunset Drive, South Miami, FL
Address:
Co~Applicant: N/A ZiP Code: 33143
--~--------------
E-mail Address: jkorth@southmiamifl.gov Telephone: 305-668-2514
The MiamicDadeCounty Conftict of Interest and Code of Ethics at Sec. 2-11.1 (c)(5)(5) allows County Employees and Iheir
immediate_family'members to apply for direct-hoDsing assistance programs f~om lhe 'County's_Public Hous~ng and Community
Development department (PHCD) If they meet certain conditions. and if .the-following criteria are met Check iJ any of the
following applies to you:'
1. Please ma-rk the PHCO Program you are applying for:
0 Section 8 Housing-Choice Voucher-(HCV)
0 Project-Based Voucher (PBV)
0 Veterans Affair Supportive Voucher (VAS H)
0 Moderate Rehabilitation
0 Substantial Rehabllitation
0 Shelter Plus Care (S+C)
0
0
0
0
0
0
Public,Housing Rental
Tenant-Base_d Rental Assistance (TBRA-maximurn 2 years)
Homs-9wnership'Program (Second-Mortgages)
Home-owner Rehabiijtati6n Program
Home-owner Beautification Program
Other (please list): CDBG ____________ _
2. Mark the typo!?: of pa,rtidpafi'on you are seeking for the program marked above,
DOwner/Landlord o Housing Assislance Applicant
3. 0
4. 0
I/we do liot currenfly work-for. Miami-Dade County,
I/we am/are:a Seha'ol Board or Federal Employee; These ,empfoyees'are not CDvered I)nr;ier Section 2-11,1 of
the Mjami~D.pde County Conflict of Interest _and Code of Ethics' Ordinance,
IF YOU MARKED130XES 3 OR 4, NO FURTHER ACTION IS NEEDED. THE PHCD REPRESENTATIVE MUST PLACE
THIS FORM IN APPLICANT'S FILE.
5. 0
I/we am/are a Miamj-Dad~ 'county· Employe_e HncJuding Jackson public Health. Trust Employees).
Piea$_e provide th~ department an<:ldiyision you are working for,:
IIwe am/are an a.ppointed or elected County Official.
.~/we am/are "'immediate family to a Mlam-j·Dade County'employee" appointed ore_lecteq official.
e)Immediate famity is defined as,spous.e, domestic partn€lr, parents/-stepparents, children 'and stepChildren.
Please provide the following information regarding the Mfami~Oade' county employee. appointed or elected
offic_ial:
Name of employee, appointed
or elected-official:
Department,. Division, or
Board:
IF YOU MA.RKED or 7, THE APPLICANT MUST DBTAIN THE REQUEST FOR OPINION APPLICATION AT
Q!P~@\!g~~¥!!~~g THE APPLICATION MUST BE FULLY COMPLETED AND
Signature of
AppliCant:
Date:
Signature of
Co-Applicant: N!ti
Wtim;nt;; Tlfle 18. US Code Section ,1001, states that a person who knowingly and. Willingly makes false or fraudulent ~f.atemeiJfs to any
Department or Agency of the United States-1e guilty of a felony. State law may also provide pima/ties for false or fmudulent statements.
AlCIAMICNCD/1162414N4
County Construction Sign
(Only areas circled are subject to change)
bJ GOB o NON GOB
4' x 8' Construction Signs
o In G~ound
o A-Frame 1 Sided o A-Frame 2 Sided
Email this form to:
Brian Williams: brianw@miamidade.gov
and Hernan Lopez: lopezh@miamidade.gov
J .... n Mc.n .... limo
Chaimlan
~I3.tw<.,J,.
\ibo Chalnmm
ATIACHMENT F
Services Ticket
Quantity required LI _______ ..J
Project Manager
Name: _____________ _
Department: ___________ _
Address: ____________ _
Phone Number:
Index code
Project Name
_".~_. ~:eE~~~S--_~-J~ __ ~~-1:!~(~i,::'=tN:.::u::.:m::.:b::.;e::r------------, """". _r.lllVletD .. _
Dhlrict10
Jllan C.bp;oto;
DWrict11
J_~Pe",,"DIu
Dislri<:tf2
Est.,b;;,n ikwo, Jr.
Di$trid13
Sign is. 4' X 8' with 12' post
o Place check mark in b"x after
location has been marked~
Once location has been marked
submit signage request form
District Commissioner
Check if ARRA Funded DYes 0 No
Must indicate Federal Department and I or
State Department if applicable
Other Funding Source (Max
For GOB Projects only
Sign location address
Plus specific location of sign placement
PURCHASING POLICY
The purchasing policy is in accordance with City of South Miami Charter Article III. Secdon 5
(Power and Duties) and Florida Statute Chapter 287.
Purchases tess than $5,000.00. Purchases of, or contracts for, materials, supplies. equipment,
improvements or services for which funds are provided in the budget, where the total amount to
be expended is not in excess of $5,000.00. may be made or entered into by the City Manager
without submittal to the City Commission and without competitlve bidding. Single purchases or
contracts in excess of $5,000.00 shall not be broken down to amounts less than $5,000.00 to
avoid the requirements ,of this subsectlon. Purchases of less than $1,000.00 do, not require:
-Purchase orders
-Sealed Competitive bids
Purchases of less than $5,000.00 but greater than $1,000 do require
A minimum of 3 written quotes from 3 different vendors unless piggybacking off an
existing govemmental contract, which was part of an acceptable competitive bid process.
An approved purchase order
-Must have been Included in the original budget or received approval from the City
Manager.
Purchases more than $5,000.00 but less than $25,000.00. Purchases of or contracts for materials,
supplies. equipment, Improvements or services for which funds are prOVided in the budget, where
the total amount to be expended is in excess of $5.000.00 but which does not e)(ceed
$25,000.00, maybe made or" entered into by the City Manager with submittal 'to the City
Commission and without competitive bidding. but shall require that the City Manager obtain
quotes from at least three different vendors. SIngle purchases or contracts In excess of
$25,000.00 shall not be broken down to amounts less than $25,000.00 to avoid the requirements
of this 'subsection. Purchases more than $5,000.00 but less than $25,000.00 require:
-Approval by the City Manager before the expenditure is made or funds
committed.
A minimum of 3 written quotes from 3 different vendors unless piggybacking off
an existing governmental contract which was part of an acceptable competitive
bid process
-City Commission approval
Purcha$es in excess of $25,000.00. Purchases in eXCess of $25,000.00 shall be in compliance With
the com petitive bidding requirements. Purchases in excess of $25,000.00 require:
-Competitive bid prOCess unless piggybacking off an existing governmental contract
which was part of an acceptable competitlve bid process
-Purchase orders must be obtained before an expenditure is made or funds
committed and approved by the City Manager,
-City Commission approval
.:-The Oty CommisSion in FY 20 15 may be adopting 0 PurdlaslJJg Otdlno'1ce whIch will supettede the Purchasing Policy. wlrhlfllh~ p(
20lS budget Dowment
CITY OF SOUTH MIAMI BUDGET FY 2014·2015 20
ATIACHMENTH
PUBLIC HOUSINc;, AND COMMUNITY DEVELOPMENT (PHCD)
SUBCONTRACTORISUPPLl~R LISTING
(Ordinance 97-~4) . _.
Firm Name 01 PrimeContraclorlDeveloper &/1 () f J1) ~ IlL. c,--,,--
This form;. or a comparable iisting meetin'g the requir'emehls Of Ordinance No. 97-104, MUST be completed
by the dev~topers on _County contracts 10r .purctlase of suppliss, materials Of services, including professJona!
serylces which involve expenditures 01 $100,000 or more, and all developers on County or Public Hesllh
Trust construction contracts whIch involve expenditures ot $100,000 or more. ThIs form; or a comparable
listing meetfng the. requirements· of Ordinance. No. 97~104J must be completed and-submitted even
though the developer will not utilize subcontractors or suppliers on the contract. The. developer
should enterthe word "NONE" under the appropriate heading on this form in those instances wher\>
no: subcontractors or supplic"rs will pe used Dn the ccm.tract. The developer who is awarded the' contract
sna,1l {lot change:dr, su.bstltute 1irSl ,tief subcontractors l direot suppliers o( the' por1ions'of the ,con1ract work 10
be perfor~edl or materials to be from those" Identified, except ~pon written approva! of the County,
loertify that the ,epresentations contained in this SUbconlrac\()rISuppll~r Listing are to the best 01 my ~noWlodge
true and accurate.,
-. J1!.!+-,..-/t~-Signature f5'eveloper(S)
Dale Aut
(Duplioate if additional space Is needed)
Page 1 of 1
epresentative
CD/63i31413N