3Sout~iami CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
February 2, 2016 Agenda Item NO.:::3
SUBJECT: A Resolution authorizing the City Manager to pay Stanley Consultants, Inc. to complete an
environmental study for SW 64'h Street (SW 57 Avenue to 62 Avenue).
BACKGROUND: Miami Dade's Board of County Commissioners approved the County's Public Housing and
Community Development (PHCD) FY 2015 Action plan for CDBG and HOME funding. It
included a recommendation of $336,000 of CDBG dollars for the City of South Miami to fund
a Public Facilities and Capital Improvement project titled SW 64'h Street Bike Lane & Street
Improvements (between SW 57 Avenue and SW 62 Avenue).
US Department of Housing and Urban Development (HUD) requires an environmental
review of projects that include excavation. Based on the scope of the project, a current
phase I Environmental Audit is required to conduct an environmental assessment of the
proposed project site.
Miami Dade County PHCD issued a contract for the CDBG grant (approved by commission
via Resolution No. 153-15-14492). However, they will not distribute any funds to the City
until the environmental review is complete. Therefore, this resolution is being presented to
award the environmental study to a consultant.
Stanley Consultants, Inc. has submitted a proposal in the amount of $5,110 to perform an
environmental study on SW 64'h Street.
A contingency in the amount of $760 will be included over the proposal amount to address
for unknown factors that may arise and for permitting fees.
In accordance with and pursuant to Florida Statute 287.055 for CCNA, Stanley Consultants,
Inc. was one of the firms selected to provide professional engineering services. The City
negotiated hourly rates with the firm and entered into a professional service agreement
with Stanley Consultants, Inc. to perform engineering services for the City.
AMOUNT: Amount not to exceed $5,870
ACCOUNT: The expenditure shall be charged $5;870 to the account number 120-3306-541-3120 which
has a balance of $60,000 before this request was made.
AnACHMENTS: Resolution
Resolution No. 153-15-14492
Proposal
Professional Service Agreement
CCNA Consultant Project List
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and
RESOLUTION NO.: _____ _
A Resolution authorizing the City Manager to pay Stanley Consultants, Inc. to complete an
environmental study for SW 64'h Street (SW 57 Avenue to SW 62 Avenue).
WHEREAS, the Mayor and City Commission wish to provide City road improvements to SW 64'h Street;
WHEREAS, the City desires to hire a consultant to complete an environmental study to fulfill grant
requirements; and
WHEREAS, in accordance with and pursuant to Florida Statute 287.055 for CCNA, the City Manager has
negotiated an agreement with Stanley Consultants, Inc. who was one of five (5) consultants previously selected to
perform professional services for the City; and
WHEREAS, the City Manager has negotiated the price for the services to be rendered, which does not
exceed the sum of $5,110; and
WHEREAS, the City desires to provide a contingency of $760 over the proposal amount for unknown
factors that may arise during the work and for permitting fees; and
WHEREAS, the total expenditure is not to exceed $5,870; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA THAT:
Section 1: The City Manager is authorized to pay Stanley Consultants, Inc., for an amount not to exceed
$5,110 in accordance with the form of Professional Service Agreement that was approved by the City Commission
by resolution 151-13-13969 to complete an environmental study for SW 64'h Street. The City Manager is
authorized to expend an additional $760 over the proposal amount for unknown factors.
Section 2: The expenditure shall be charged to the account number 120-3306-541-3120 which has a
balance of $60,000 before this request was made.
Section 3: If any section clause, sentence, or phrase of this resolution is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
portions ofthis resolution.
Section 4: This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this ___ day of _____ -', 2016.
ATIEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATIORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Harris
Commissioner Edmond
Commissioner Liebman
Commissioner Welsh
Stanley Consultants INC.
August 12, 2015
Engineering & Construction Division
City of South Miami
4795 SW 75 Avenue
Miami, FL 33155
Dear Grizel Martinez:
Subject: General Environmental Services Agreement -Phase I Environmental Site Assessment, SW 64"
St. Improvements from SW 62 nd Ave. to SW 57" Ave.
In accordance with your request, Stanley Consultants is pleased to provide this proposal to conduct a Phase
I Environmental Site Assessment (ESA) for the proposed roadway improvements on 64" st. in the City of
South Miami, Florida. It is our understanding that the project limits do not include the intersections at SW
62 nd and SW 57" Avenues. See attached project location map.
Scope of Proposed Work
Stanley Consultants will conduct a Phase I ESA in accordance with the American Society for Testing and
Materials (ASTM) Practice EI527-13. The purpose of the Phase I ESA is to identify the presence or
absence of Recognized Environmental Conditions (RECs) as defined by the standard.
The Phase I ESA process includes a search of standard historical sources (e.g., aerial photographs, historical
fire insurance maps, etc.), a review of federal and state environmental databases, interviews with past and
present owners, operators, and occupants of the site, and an on-site reconnaissance to determine the
presence or absence RECs.
An Environmental Scientist from Stanley Consultants will examine and document the current uses and
conditions of the site. It is the client's responsibility to provide site access and any available contact
information for the current site owner(s). Stanley Consultant's staff will visit the site to conduct the
assessment as per ASTM E 1527-13.
Stanley Consultants will make a reasonable attempt to conduct interviews with the site occupants, state and
local regulators, the local fire department, and other persons or agencies that may have knowledge of current
or historical environmental conditions within the project limits.
Report Preparation
Stanley Consultants will prepare a Phase I ESA report generally following the format recommended in
ASTM E 1527-13. The report will include a narrative of Phase I activities, supporting documentation,
findings, and an opinion on the need for further assessment of contaminated properties. This proposal does
not include an evaluation of permitting requirements or regulatory compliance issues. Per the ASTM
EI527-13 standard, asbestos, lead paint, mold, and radon are considered out ofthe scope of a Phase I ESA.
This document was sent electronically.
1641 Worthington Road, Suite 400 • West Palm Beach, FL 33409 • phone 561.689.7444 • fax 561.689.3003
www.stanleyconsultants.com
August 12, 2015
Page 2
Project Schedule
The site visit will be scheduled once receiving the notice to proceed. A draft Phase I ESA report will be
available approximately 30 days after completion of the site visit. Two copies of the final report will be
provided within 14 days of receipt of client comments.
Project Cost
Stanley Consultants will provide the professional services referenced above for a lump sum cost of$9,800,
based on the attached Hourly Fees and Charges. This fee includes one site visit, records searches,
interviews, and Phase I ESA report prepared in accordance with ASTM E 1527-13. This quote will remain
valid for 90 days.
We appreciate the opportunity to present this proposal to you. If you have any questions with regard to this
proposal, please feel free to call me at 561-584-8756.
Sincerely,
Stanley Consultants, Inc.
Courtney Arena, MS
Senior Environmental Scientist
Attachment: Project Location Map
RESOLUTION NO. 153-15-14492
A Resolution authorizing the City Manager to execute FY 2015 Community
Development Block Grant agreement as well as loan documents and other
documents required by the agreement with Miami-Dade County Public
Housing and Community Development (PHCD) for the SW 64th Street Bike
Lane and Street Improvements Project.
WHEREAS, the Mayor and City Commission desire to accept the grant of a loan in the
amount of $336,000 from Miami-Dade County administered by and through its Department of
Public Housing and Community Development (PHCD) that may be forgiven if all conditions are
met; and
WHEREAS, the Agreement will 'provide funding for the development of a bike lanes on
SW 64th Street between SW 57th Avenue and 62nd Avenue; and
WHEREAS, the Agreement requires matched funding in the amount of $84,000 from the
City of South Miami and;
WHEREAS, the grant period begins on October 1, 2015 and ends on September 30,
2017.
WHEREAS, the Mayor and City Commissioners desire to have the City Manager
execute the grant agreement in an amount of$336,000;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is hereby authorized to execute the grant agreement, loan
documents and any related documents required by the agreement with Miami-Dade County
Department of Public Housing and Community Development (PHCD) for the SW 64th Street
Bike Lane and Street Improvements Project in the amount of $336,000. The grant agreement is
attached to this resolution.
Section 2: Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
Res. No. 153-15-14492
PASSED AND ADOPTED this 6thdayof October ,2015.
• COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
·2
4-0
Yea
Absent
Yea
Yea
Yea
Resolutio~ Number: RM 579-15
Duns Num ber: 24628976
Awarded Amount: $336,000,00
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 "Agreemenf' or ~Contracr). by and between Miami-Dade County. a
political subdivision of the State of Florida, hereinafter referred to as "County" and City of South Miami, ~ereinafter
referred to as "Awardee" and having offices at 6130 Sunset Drive, Soulh Miami. FL 33143-5040, and telephone
number of (305) 668-2514 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 Housing and Community
Developmenthereinafter referred 10 as "PHCD," and having ils principal offices at 701 N.w. 1 Court, 14" Floor, Miami,
Florida 33136, collectively referred to as the ·Parties."
WHEREAS, Ihe Home Rule Charter authorIZes Miami-Dade County to provide for the uniform health and
welfare of the residents throughout the County a; and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and
Community Development Acl 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 10 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 $336.000.00 of CDBG funds (plus any Program Income awarded
by Ihe Board of County Commissioners, which shall be added to the -Contract by Amendment) to the Activity SW 64th
Street. between SW 57th Ave and 62nd Ave, located al SW 64 Street between 57th and 62nd Avenue, Miami. All
CDBG funds, excepl those awarded 10 County Departments and municipalties, are awarded in the form of a loan
that is forgivable if Ihe national objective is met pursuanl to Ihe lerms and conditions set forth herein, including but
nollimited to Section II, W(2)(a)(1)-(2); and
WHEREAS, the Awardee shall carry oul the Activities defined and set forth in Attachment A, 'Scope of
Services', in Miami-Dade County or the focus area(s) of the counly. This contract effeciive start date is October I,
2015, and shall expire on September 30. 2017.
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as
follows:
I. DEFINtTIONS
PHCD
24 CFR Part 570 -CDBG
Regulations
Awardee
Community Development
Corporation
Local
Public Housing and Community Oevelopmentor 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 peoformed.
Pagel
Low-and Moderate-Income
Individual or Family
Very Low Income Individual
or Family
Contract Records or
Agreement Records
Federal Award
Property
Policies and Procedures
Manual
Subcontractor or
Subconsultant
Subcontract
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,
prod uced. 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 tlkla Contract Compliance Manual
may be viewed and downloaded at
http://www/miamidade.govlhousing/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 "Al) ofthis 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 Departmenrs Community and Housing
Management Division (CHMD), 701 N.W. 1 Court, 14'" floor, Miami, Ftorida 33136, relevant
certificate(s) of Insuranc, in compliance with 24 CFR 84.31 and 24 CFR 84.48 as applicable,
evidencing insurance coverage as detailed in Attachment B·l (N). The effective coverage start date
of applicable insurances shall not be later than the date of the Agreement execution and shall be
approved by Miam~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 Builde~s Risk Insurance
andlor Flood Insurance Of applicable) upon the issuance of the Notice to Proceed with an effective
date for coverage commencing on the Notice to Proceed date.
Page 2
Any changes to the required insurance policies, including coverage renewals, must be submitted to
PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the
Awardee shall be in default of the terms and conditions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction
with this subsection remain in force for the duration of the Agreement period, including any and all
option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee
must have the coverage cited in Attachment B-1(N) of this Agreement at the time that it begins
construction on the project. If the insurance certificates are scheduled to expire during the
Agreement period, the Awardee shall be responsible for suhmiHing new or renewed insurance
certificates to the County at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period. the County shall suspend the Agreement until the new or renewed certificates
are received by the County in the manner prescribed in the requirements; provided, however, that
this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty
(30) calendar days, the County may, at its sole discretion, terminate the Agreement Prior to
execution of the Agreement by the County and commencement of the contracted services, the
Awardee shall obtain all insurance required under this Section and submit same to the County for
approval. All insurance shall be maintained throughout the term of the Agreement
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 kioo or nature
arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its
employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all
claims and losses in connection therewith and shall investigate and defend all claims, suits or
actions of any kind or nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The
Awardee expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Awardee shall in no way limit the responsibinty 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 seIVe as a waiver of sovereign
immunity by the County nor shall anything herein be construed as consent by the County to be sued
by third parties in any matter ariSing out of this Agreement Nothing herein shall be construed to
extend the County's or Awardee's liability beyond that provided in section 768.28, Florida Statutes.
The provisions of this section survive the termination or expiration of this Agreement.
E National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be
required to achieve the nalional objedive 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 PromissOlY 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 CD8G funds subject to this Agreement are to be used for the acquisition or
improvement of real property, the Awardee shall also be required to give the County a mortgage or
other sercurity instrument to be determined at the absolute and sole discretion of the County Mayor
or Mayo~s designee in order to secure the loan described in this Agreement ntle 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
Page 3
objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS,
PURSUANT TO THIS AGREEMENT ANDIOR THE PROMISSORY NOTE, IN THE EVENT THAT
HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The
County shall have all rights and remedies in law and equity to seek repayment of funds loaned to
Awardee pursuant to this Agreement.
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 fonn, manner, or frequency as
prescribed by PHCD. These will be used for monitoring progress, performance, and compliance with
this Agreement and for compliance with applicable County and Federal requirements.
1. Certificates of Insurance
The original certificate, as set forth in Attachment B-1(N) to be received by PHCD within
the first month of this Agreement period, and submitted with each payment request,
including any renewals, prior to payments made by the County. Theefleetive date of the
coverage must coincide with the beginning date of this agreement.
2. Progress Revorts
a. The Awardee shall submit each quarter a slatus 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-I.
The Awardee shall ensure that PH CD receives each report in triplicate (or as
indicated) no later than 10 days after the quarter ends.
The Awardee shall submit to PHCD a cumulative account of its activities under
this agreement by completing the following portions of the Progress Report Form:
Section 1-General Infonnation
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, dep',cting the twenty percent (20'10) to
be paid to the County quarterly as well as Awardee's usage of Program Income
for each contracted activity.
Section'" -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
durtng the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction andlor housing rehabilitation projects
shall report on the progress of their activities including the number of housing units
completed and occupied by low-moderate and low income residents. The
Awardee shall also report demographic information on each head of household.
Each goal and corresponding objective(s), as indicated in the approved Scope of
Services, must be addressed as part of this report. 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
Page 4
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,
In conjunction with the progress reports submitted, Awardee shall submit the
Performance & Benefit Data Supplement (the "Supplement") to the Quarterly
Expenditure & Progress Report. The Supplement shall be considered a part of the
progress reports due pursuant to this Agreement.
Section III -Contract and Subcontract Activity Report:
Contract and Subcontract Activitv Report (First and Third Quarter Progress
Report) -The Awardee shall report to PHCD the number of business activities
involving minority vendors, induding subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in Attachment
C, and when applicable Section 3in 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 submitled using the
Progress Report Form attached hereto as a Section in Attachment C, as it may
be revised, This section of the farm shall be completed semiannually by the
Awardee and submitted to PH CD no later than 10 days after the first and third
quarter.
The Awardee shall submit to the County, in a timely manner, any other information
deemed necessary by the County to shaw Awardee has performed its obligations
set forth in this Agreement and to shaw 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 ather
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 quarte~y 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
war!<.
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, ondinanee or administrative order.
PageS
c. Unspecified Site(s) Objective -If the Awardee has not yet identified a location to
carry out any of the activities described in Attachment A, the Awardee shall
submit, in triplicate, Progress Reports, using the form attached hereto as part of
Attachment C. on a monthly basis until such time as the Awardee complies with
the provisions contained within Section II, Paragraph FA. of this Agreement.
Copies of the above described Progress Report shall be received by PHCO no
later than Ihe 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
subm[t a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress made by the Awardee in achieving each of the National Objectives idenfified in
Attachment A during the previous year. The "Annual Report" must cover the COSG fiscal
year beginning on January 1 and ending on December 31 and shall be reoeived by PHCD
no later than 10 days after the year ends. The Final Progress Report submitted by Awardee
shall include a summary of services and accomplishments Awardee performed and
achieved throughout the term of this Agreement and shall be accompanied by sufficient
documentation to show Awardee has met the CDBG Nalional Objective. For Activities
where the National Objective is job creation, the Final Progress Report shall include
documentation sufficient to prove to U.S. HUO 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 0, "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 Of site
approval. and that such commitment of funds or approval may occur onlv upon satisfactory
completion of environmental review and receipt by the County of a release of funds from
the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The
parties further agree that the provision of any fUnds to the project is conditioned on the
County's determination to proceed with. modify or cancel the project based on the results of
a subsequent environmental review.
5. Audit Report -The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section II, Paragraph L of Ihis 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 OMS 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 prooedures, etc. Such infonnation 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. Affinnative 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 Affilialed 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
Affilialed Parties. Related or Affiliated Parties shall mean persons, corporations,
partnerships, or other business entities (a) which have a direct or indirect ownership
Page 6
interest in Awardee, (b) which have a parent or principal thereof which has a direct or
indirect ownership interest in Awardee, (c) whose members appointed by Awardee, or (d)
which the County deems in its sore discretion to be a Related or Affiliated Party of
Awardee. The Awardee shalt 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, notice-s of default, arrearage or late
payment, or any other documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for which
the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver,
e; Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and shall
entitle the County to seek any and all remedies available at law, equity ana pursuant to' this
Agreement.
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid,
by or on behalf of the ·undersigned, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an emp[oyee of a Member of Congress in connection with the awarding of
any federal Agreement, the making of any federat 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, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
Pago 7
Rules, Regulations and Licensing Requirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
selVices 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 wilh disabilities. The Awardee will also comply with
OMB A-122. OMB A-l10. OMB A-21.0MB A-133. and with the applicable procedures
specified in PHCD's Policies and Procedures Manual found at
htlp:/lwww/miamidade.gov/housing/community-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 penn its Of unlicensed professionals engaging in work which
requires a license, shall cause this Agreement to be voidable by the County at the County's
absolute and sole discretion. In the event the County voids this Agreement for failure to
comply with the requirements of this section, Awardee shall forfeit any right to payment
pursuant to this Agreement, regardless of when Awardee's or the subcontractors
noncompliance becomes known to the County.
4. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amenaed~
which prohibits discrimination on the basis of handicap and requires a minimum number of
unils to be accessible to persons with disabilities; Title VI of the Civil Rights Act of 1964. as
amended, which prohibits discrimination on the basis of race, color, or national origin; the
Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of
age; TlUe VIII of the Civil Rights Act of 1968. as amended, and Executive Order 11063
which prohibits discrimination in housing on the basis of race, colof, religion, sex, or
national origin; Executive Order 11246. as amended which requires equal employment
opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163)
which requires mandatory standards and policies relating to energy efficiency. The
Awardee also agrees to comply with the Domestic Violence Leave codified as 11A-60 et
seq. of the Miami-Dade County Code. which requires an employer, who in the regular
course of business has fifty (50) or more employees working in Miami-Dade County for
each working day during each of twenty (20) or more calendar work weeks to provide
domestic violence leave to its employees. Failure to comply with this local law may be
grounds for voiding or terminating this Agreement or for commencement of debarment
proceedings against the Awardee.
5. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess
of $1 00,000. the Awardee shall comply with all applicable standards, orders, or regulations,
Issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 7401, 1857 h). as
amended; the Federal Water Pollution Control Act (33 U.S.C. 1251). as amended; Section
508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations
(40 CFR Part 15. 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 temn of this Agreement or the Affordability Period.
7. Americans with Disabilities Act (ADA) of 1990 -The Awardee shall attest to; and submit the
required Disability Non-discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below including but not limited to, those provisions
Page 8
pertaining to employment. prOVISionS and program services, transportation,
communications, access to facilities, renovations, and new construction.
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 to contract with Miami-Dade County shall, as a condition of award, have a written
Affirmative Action Plan and Procurement Policy on file with the Regulatory and Economic
Resources Department. Said firms must also submit, as a part of their proposals/bid5 to be
filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action
Plan/Procurement Policy Affidavit. firms whose Boards of Directors are representative of
the population make-up of the nation are exempt from this requirement and must submit, in
writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each
board member, to the County's Regulatory and Economic Resources Department. Firms
claiming exemption must submit, as a part of their proposalslbids 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 bidderlrespondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the Miami-Dade
County Mayor.
9. Domestic Violence Leave Affidavit -Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condilion of award, certify that it is
in compliance with the Domestic leave Ordinance, 99-5 and Section 11A-60 of the Miami-
Dade County Code. This Ordinance applies to employers that have, in the regular course of
business, fifty (50) or more employees working in Miami Dade County for each working day
during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not oertified its compliance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the
Domestic Leave Ordinance may result in the contract being deClared void, the contract
being terminated andlor 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 entitiy that seeks to do business with Miami-Dade County shall
adopt a Code of Business Ethics ("Code') and shall submit an affidavit stating that the
Awardee has adopted a Code that complies with the requirements of Section 2-8.1 Ii) 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 firot
request a conflict of interest opinion from the County's Ethic Commission prior to their or
their immediate family members entering into any contract or transacting any business
through a firm, corporation, partnership or business entity in which the employee or any
member of the employee's immediate family has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
and that any such contract, agreement or business engagement entered in violation of this
subsection, as amended, shall render this Agreement voidable. For additional information,
please contact the Ethics Commission hotline at (305) 579-9093.
1 L Public EntitY Crimes -Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been plaoed 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
Page 9
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 pubJic entity; and,
may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017 for Category TWO ($10,OOO) 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 Jist 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 Miamj~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 -Pursuantto Miami-Dade County Ordinance No. 94-34, "Any individual
who has been convicted of a felony during the past ten years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or executive who
has been convicted of a felony during the past ten years shall disclose this information prior
to entering into a contract with or receiving funding from the County." Failure of the
Awardee to disdose this information as required may lead to the termination of this
agreement by Miami-Dade County.
If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee,
is found by the responsible enforcement agency, the Courts or the County to be in violation
of the Acts, the County will conduct no further business with Awardee. Any contract entered
into based upon a false affidavit, as listed below, and submitted pursuant to this resolution
shall be voidable by the County:
1. Miami-Dade County Vendor Affidavit Form
2. Criminal Record Affidavit
s. Public Entity Crime Affidavit
4. Related-Party Disclosure I nfonmation
5. Miami-Dade County Affidavit Regarding Delinquenl and Currently Due Fees or
Taxes
6. Affirmative Action Affidavits
7. Current on all County Contracts, Loans, and Other Obligations Affidavit
8. Financial and Conflicts of Interest Affidavit
9. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in violation
at the time it submitted its affidavi!.
The applicable Acts are as follows:
1. The Americans wah Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327,
42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I,
Employment; Title II, Public Services; Title III, Public Accommodations and
SelVices Operated by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
2. The Rehabilitation Act of 1973,29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement, the Awardee I Department agrees to
comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR 'Part 570,
Subpart K (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.
Pag.10
Employment and contrading opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub recipients.
Uniform administrative requirements and cost principles.
COf!fiict 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 perfonn the Activities described herein in a
manner in which Awardee meets the national objective of benefit to low~
andmoderate-income persons. Awardee shall ensure and maintain
documentation, acceptable to the County in its sole and absolute discretion, that
conclusively demonstrates that each activity assisted in whole or in part with
COSG 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 G),
3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570,606(d) governing optional relocation policies. (The County
may preemept Ihe optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies concerning
the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for which
a location has not yet been identified, the Awardee shall obtain, immedialely after
a site is identified by the Awardee, PHCD's written environmental clearance
statement and shall agree in writing to comply with any and all requirements as
may be set forth in the Site Environmental Clearance Statement.
5. The Awardee shall cooperate with PHCD in informing the appropriate CDBG
dtizen 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 a\lend meetings of the appropriate
committees and citizen partiCipation structures, upon the request of the citizen
partiCipation officers, PHCD, orthe County.
6. The Awardee shall make a good faith effort to address the concems of the
residents of the affected area. The Awardee shall cooperate with PHCD in
infonming the appropriate CDBG citizen participation stnuctures, including the
appropliate area commillees, of the activities of the Awardee in adhering to the
proVisions of this Agreement. Representalives of the Awardee shall allend
meetings of the appropriate committees and citizen participation structures, upon
the request of the citizen participation officers, PHCD, or the County,
7. Foraclivities involving acqUisition, rehabilitation andlor demolition of property and
which require the relocation of Families, individuals, businesses and/or industries,
the Awardee shall submit a written notification to the Community Planning and
Outreach Division of PH CD prior to relocating, evacuating, andlor 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
Page 11
industry) is in question, the Awardee shall contact the above mentioned unit prior
to making a determination. Awardees receivlng,COBG funds shall adhere to 24
CFR part 50 andlor part 58 and to the rules and regulations of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970, as
amended.The Awardee shall adopt Affirmative Marketing Procedures and
requirements for COBG assisted projects. These procedures must consist of
actions to provide information and attract eligible persons from all racial, ethnic
and gender groups to the available services. The Awardee shall annually assess
its affirmative marketing program to determine if the procedures used to comply
with the requirements specified in Public Law 88-352 and Public Law 90-284
success/ully meet these requirements. The Awardee shall submit to PHCD its
Affirmative Marketing Plan no later than 60 days from the date this Agreemeht is
executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that penod, 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 comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
10. For Special Economic Development projects, Awardee is reponsible for
understanding 24 CFR 570.209, which describes HUD's underwriting and project anlaysis
requirements. These requirements include, but are not limited to, the analysis of Awardee's
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 of
the Activity as conducted in compliance with the CDBG Regulations, including but not
limited to 24 CFR 570.209, including Appendix A, as well as OMB guidance on using
federal funds. Awardee understands that in the event that the Activity fails the analysis
conducted pursuant to 24 CFR 570.209, 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 their own costs, fees and damages
(as applicable).
I. Conflicts with ApplicableLaws
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 all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J. Board of Directors
If the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shall not be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall:
1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement,
prior to taking any action, to schedule a meeting to receive compliance information.
2. Comply with the Awardee's procurement and pre-award requirements and procedures
which, at a minimum, shall adhere to all applicable federal standards.
Page 12
3. Comply with Ihe Davis-Bacon Act; Copeland Anti-Kick Back Act (18 U.s.C. 874 et seq.);
Contract Work Hours and Safety Standards Acl (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.
5. Submit to PHCD all construction plans and specifications and receive PHCD's approval
prior to implementation. .
6. Contact the PHCD representative noted in Section IV, Paragraph M, prior 10 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 lime that the construction work is determined by PHCD to be seventy-five percent
complete, the retainer will be reduced to 5% unti[ 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:
a. Promissory Note
b. Mortgage
c. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment 01 leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
L Audits and Records
1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall
have a Single or program specifiC audit conducted in accordance with OMB A-133.
Nonprofit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program-specific audit performed, in accordance with
OMS A-133. Awardees who will be receiving, or who have received, federal awards for
loans or loan guaranteed programs may be required to conduct audits of those programs in
accordance with regulations of the federal agencies providing those guarantees or loans.
2. Nonprofit organizations that expend less than $500,000 annually in lederal 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, evalualions). Such agencies that receive
less than $500,000 in combined Federal awards must submit to Ihe County annual
compilation reports that describe their performance. To achieve uniformity regarding the
reporting fonmat, such documents musl 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 perfonmed (Agreed-Upon Procedures Report);
(3) non-expression of opinion or any lonm of assurance on a presentation in the form 01
financial statements infonmation 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 audil shall be conducted for each fiscal
year lor which federal awards attribulable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all
Page 13
program generated income and its disposition, especially attributable to COBG funds, an
internal control review, and a compliance review as described in OMS A-133. A copy of the
audit report in triplicate must be received by PHCD no later than six months following the
end of the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year or on the basis of the period during which PHCD-federal
assistance has been received. In either case, each audit shall cover a time period of not
more than twelve (12) months and an audit shall be submitted covering each assisted
period until all the assistance received from this Agreement has been reported on. Each
audit shall adhere to all other audit standards of OMS A-133, as these may be limited to
cover only those services undertaken pursuant to the terms of this Agreement. A copy of
the audit report in triplicate must be received by PHCD no later than six months following
each audit period.
5. The Awardee shall maintain all Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly' by the County
pursuant to the tenns of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement, 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 personnet 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 shalt 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 perfonnance 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 detennining the allow ability and allocability of
costs.
M. Protected Records and Documents
Any person or entity that perfonms or assists Miami-Dade County with a function or activity involving
the use or disclosure of "Individually Identifiable Health Information (IIHI) andlor Protected Health
Infonmation (PHI) shall comply with the Health Insurance Portabil"y and Accountability Act (HIPM)
of 1996 and the Miami-Dade County Privacy Standards Administrative Order. HIPM mandates
privacy, security and electronic transfer standards including but not limited to:
1. Use of infonnation only for perfonming services required by the Agreement or as
required by law;
Page 14
2. Use of appropriate safeguards to prevent non-permitted disclosures;
3. Reporting to Miami-Dade County of any non-permitted use or disclosure;
4. Assurances that any agents -and subcontractors agree to the same restrictions
and conditions that apply to the Contractor and reasonable assurances that
IIHI/PHI will be held confidential;
5. Making Protected Health Informalion (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 praclices, books and records related to PHI available to Miami-
Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, andlor electronic transfer of data). The Contractor must give its customers written notice of
its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retention of Records
1. The Awardee shall retain all Contract Records for a period of al least seven (7) years
following the final Close-Out of the Activity/Project (hereinafter referred to as "Retention
Period") subject to the limitations set forth below. The final Close-Out of the Activity/Project
is the date when PHCD provides written notification 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
PHCO that the Activity/Project has been finally Closed-Out in Ihe U.S. HUO lOIS system.
Upon Awardee's request in writing for confirmation of said final Close-Out, PHCO 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
Ihe threatened or pending litigation, claim or aud~ is, in the sole and absolute discretion of
PHCO, 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 PHCO in writing, both during the pendency of this Agreement and
after its expirafion 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 Informalion
1. The Awardee shall provide to PHCD, upon request, all Agreement records. These records
shall become the property of PHCD without restriction, reservation, or limitation of their
use. PHCO shall have unlimited rights to all books, articles, or other copyrighlable
materials developed for the purpose of this Agreement. These unlimited rights shall include
Ihe rights to royalty-fees; nonexclusive, and irrevocable license to reproduce, publish, or
othelWise usef and to authorize others to use, the information for public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies, and those agencies issue monitoring reports, regulatory examinations, or other
Page 15
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 policles of the regulatory agencies issuing the
reports_ . \
3. Proprietary Information
As a political subdivision of the State of Florida, Miami-Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain jnformation or materials which the County has developed at its own expense, the
disclosure of which could harm the Countys 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 pfOgr;;lms, 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 w~th the approval of the lessor or Awardees thereof. This includes mainframe,
minis, telecommunications, personal computers and any and all information technology
software.
The Awardee will report to the County any information discovered or which is disclosed to
the Awardee which may relate to the improper use, publication, disclosure or removal from
the County's property of any information teChnOlogy software and hardware and will take
such steps as are within the Awardee's authority to prevent improper use, disclosure or
removal.
3. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof furnished
by the County to the Awardee hereunder or furnished by the Awardee to the County
andlor created by the Awardee for delivery to the County, even if unfinished or in
process, as a result of the Services the Awardee performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the
Awardee as well as its employees, agents, subcontractors and suppliers may use only
in connection of the performance of Services under this Agreement. The Awardee
shall not, without the prior written consent of the County, use such documentation on
any other project in which the Awardee or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Awardee to
meet official regulatory requirements or for other purposes in connection with the
performance 01 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 01 the County.
c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or
any employee, agent, subcontractor or supplier thereof, without the prior written
consent of the County, except as required for the Awardee's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain aU proprietary
Page 16
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its
subcontractors and suppliers grant, jf the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose andlor permit any other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications. technical data and other Documentation for the operations of the
County or entities controlling, controlled by, under common control with. or affiliated
with the County, or organizations which may hereafter be formed by or become
affiliated with the County. Such license specifically includes, but is not limited to, the
right of the County to use and/or disclose, in whole or in part, the technical
documentation and Licensed Software, including source code provided hereunder; to
any person or entity outside the County for such person's or entity's use in furnishing
any and/or all of the Deliverables provided hereunder exclusively for the County or
entities conlrolling, controlled by, under common control with, or affiliated with Ihe
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 Inspeclors General
Nothing in this Agreement shall impair any independent right of the CounlY to conducl audil 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 ine;orporate. 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 a_me~ded, Miami-Dade County
has eSlablished 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 ofthe 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 tolal proposed amount. The audit cost will be
deducted by the County from progress payments to the selected Awardee. The audit cost shall also
be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percenl 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 contracls; (e) facility renlals and lease agreements; (f)
concessions and other rental agreements; (g) insurance contracts; (h) revenue-generating contracts;
(I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0)
professional service agreements under $1,000; (k) management agreements; (I) small purchase
orders as defined in Miami-Dade County Administralive Order 3-2; (m) federal, state and local
govemment-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, Ihe
Miami-Dade County Board of County Commissioners may authorize the inclusion of the fee
assessment of one quarter (1/4) of one percent in any exempted contract at the time of award.
Awardee consents to the powers of 1he Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report concerning
whether the project is on lime, within budget and in compliance with plans, specifications and
applicable law. .
Upon ten (10) days prior written notice to the Awardee from the Inspeclor General or IPSIG retained
by the Inspector General, the Awardee shall make all requested records and documents available to
the Inspector General or IPSIG for inspeclion and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Awardee's possession, cuslody
or control which, in the Inspector General or IPSIG's sale judgment, pertain to performance of the
Agreement, including, but not limited to original eslimate files, worksheets, proposals and
Agreements from and with successful and unsuccessful subcontractors and suppliers, all project-
Page 17
related correspondence, memoranda, instructions, financial documents, construction documents,
proposal and Agreement documents, back-charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records, and supporting documentation for the aforesaid documents and records.
Jndependent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafier
"IPSIG"), whenever the County deems it appropriate to do so. Upon wrillen notice from the County,
the Awardee shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shall be
responsible for the payment of these IPS1G services, and under no circumstance shall the
Awardee's prices and any changes thereto approved by the County, be inclusive of any charges
relating to these IPSIG services. The tenms of this provision herein, apply to the Awardee, its
officers, agents, employees, subcontractors and assignees, Nothing contained in this provision shall
impair any independent right' of the County to conduct an audit or investigate the operations,
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03~2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement
Q. Prior Approval
The Awardee shall obtain written approval from 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. th~ start dat,,-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 approvat by
PHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not specifically listed in the approved
budget.
5. The disposition of all real, expendable personal, and nonexpendable personal property as
defined in Section II, Paragraph W.1. of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget.
7. The disposition of Program Income not specifically listed in the approved Program Income
budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II, Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section It, 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
wriHen approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
Page 18
The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all
Agreement records, facilitie,s, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the teons 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 reclily all deficiencies cited by PHCD within the speCified period of time set forth in the report, or
provide PHea with a reasonable justification for not correcting the deficiencies. PHCD will
determine, in its sale 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. Connict of Interest
The Awardee agrees to abide by the provisions 01 24 CFR 84.42 (24 CFR Part 85.36 for Public
Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently
has no financial interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner or degree with the performance of services requried under this Agreement.
The Awardee further covenants that in the performance of this Agreement no person having such a
financial interest shalt be employed or retained by Ihe Awardee hereunder. These conflict of interest
provisions apply to any person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any deSignated public agencies or subrecipients which are
receiving funds under the CDBG Entitlement program. The Awardee certifies and represents that no
officer, director, employee. agent, or other consultant of the County or a member of the immediate
family or household of the aforesaid has directly or indirectly received Of" been promised any form of
benefit, payment or compensation, whether tangible or intanglble. in connection With the grant of this
Agreement.
The Awardee shall abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict 01
Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in
connection with its Agreement obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party
that are covered by the above standards. The Awardee shall make such disclosure in writing to
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, w',thin 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 lor 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 01 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 01 the County,
or of the Stale of Florida (including elecled and appointed members 01 the legislative
and executive branches 01 government), or a member of the immediate family or
household of any 01 the aforesaid:
i) is interesled on behalf of or through Ihe 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 01 the revenues; or
P2Ige 19
ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee_
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee shall have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County, in
its sole discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies aU the individuals
and entities involved and sets forth in detail the nature of the relationship and why it is in
the County's best interest to consent to such relationship_
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest In the event there is a difference between the standards
applicable under this Agreement and those provided by statule, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a CDnmCt 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, fivers, brochures,
news releases, media packages, promotions, and stationery. The use of the official County logo is
permissible. The Awardee shall ensure that all media representatives, when inquiring about the
activities funded by this Agreement, are informed that the County and US HUD are the funding
sources. The Awardee shall notify the County of all events and activities involving the Project ten
(10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department,
must be notified in order to request the project sign from Miami-Dade County Internal Services
Department (ISO). Within thirty (30) days of the erection of the sign, the CHMD Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing Sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment
for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization.
v. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCD in the CDBG application
approved by the supervising federal agency.
Page 20
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that Jow-income residents from Community Development Target and Service Areas be
provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income_ persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below:
1. The work to be performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (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 regul'ltions in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this Agreement, the parties
to this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the Awardee's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions. the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall begin.
4. The Awandee 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 whoni 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 perfonmed 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 perfonmed 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 exlent 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 Drdinance 97-35 as amended. requiring Awardees to provide a detailed
statement of their policies and procedures for awarding subcontracts which:
Page 21
a) notifies the broadest number of local subcontractors of the opportunity to be awarded a
subcontract;
b) invites local subcontractors to submit bids/proposals in a practical, expedient way;
c) provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a statement
of theif 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 othelWise
impair the performance of the Awardee's obligations under this Agreement.
w. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
c. Personal Property: 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. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, 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 tenmination 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 detenmined by PHCD in its sole
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PH CD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
Page 22
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 whale or in part with funds from PHCD, shall be lisled in the property
records of the Awardee and shall include a legal description; size; date of
acquisition; value at time of acquisition; present market value; present condition;
address or location; owner's name if different from the Awardee; information on
the transfer or dispOSition of the property; and map indicating whether property is
in parcels, lots, or blocks and showing adjacent streets and roads. The property
records shall describe the programmatic purpose for which the property was
acquired and identify the CDBG national objective that will be met. If the property
was improved, the records shall describe the. programmatic purpose for which the
improvements were made and identify the CDBG national objective that will be
met.
d. For awards involving the purchase or improvement of real property, the AWardee
agrees to execute a mortgage, loan document, or restrictive covenant for the
CDBG award with PHCD within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of the CDBG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCD. This report shall include the elements listed in
Paragraph W.2.c., above.
Nothing in this section shaH be construed to limit the County's right to collect from Awardee
the entire amount of CDBG funds awarded pursuant to this Agreement in the event
Awardee fails to meet a national objective.
3. Inventory -Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to
the County. A capital item shall be defined as an item that: (1) has a service life in excess
of one year; (2) is either complete within itself or is a major component of another item of
property; (3) by definition cannot be described either as supplies or materials; (4) will not be
consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify
the County immediately upon acquiring any capital items with funds allocated in this
Agreement
The County shall allow the Awardee to retain possession of capital equipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents of
litle or ownership and shall Iransfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of olher documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with Ihe 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 Ihe
property records of the Awardee and shall include a description of the property;
location; model number; manufacture~s serial number; date of acquisition; funding
source; unit cost al the time of acquisition; present market value; property
inventory number; information on its condition; and information on transfer,
replacemenl, or disposition of the property.
Page 23
b. All nonexpendable 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 PHCD, The
inventory report shall include the elements listed in Paragraph W.3.a., above.
c. Title (ownership) to all nonexpendable personal property purchased in whole or in
part with funds given to the Awardee pursuant to the terms of this Agreement shall
vest in the County and PHCD.
5. The Awardee shall obtain prior written approval from PH CD 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 CDSG funds. When Program
Income is generated by an activity that is only partially assisted with CDSG funds, the
income shall be prorated to refteclthe percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use Program Income to pay for charges
or expenses that are specifically not allowed pursuant to the terms of this Agreement and
applicable federal regulations or rules, or any County rules or ordinance.
a. The Awardee shall comply with the Program Income provisions in PHCD's
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. }h~ 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
if receives andlor has control over Program Income generated from this and any
previous Agreements with PHCD. The Awarded must submit the information for
the generated P[09ram 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 expresslv 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 sale discretion arant such permission
but such permiSSion may require the approval of the Board of County
Commissioners.
c. If the Awardee requests to use Program Income, the Awardee shall provide to
PHCD a written explanation of the activities to be assisted with Program Income
and shall obtain PHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Should Awardee be granted permission to use Program Income, Awardee's use of
Program Income shall be subject to the limitations set forth in this Agreement and
as set forth in the COBG regulations, 24 CFR Part 570.504(c) et.seq. Awardee
acknowledges that the COBG 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 pay/retum all Contract funds and Program Income to the County.
Page 24
e. Should Awardee be granted permission to use Program Income from a revolving
loan activity, Program Income must be used only for the same revolving loan
activity.
f. Should Awardee be granted permission to use Program Income, Program Income
from a revolving loan activity. such as loan repayments. interest earned, late fees,
and investment income, shall be substantially disbursed to eligible loans, loanR
related programmatic costs, and operational costs for the same revolving loan
activity before the Awardee may request additional CDBG funds for that activity.
g. Should Avyardee be granted permission to use Program Income, all Program
Income from activities other than a revolving loan activity shaH be subslantially
disbursed to carry out other PH CD-approved CDBG eligible activities, and to
cover operational costs before requesling additional CDBG funds.
h. Any proceeds from the sale of property as detailed in Section II, Paragraph W.4.,
above, shall be considered Program Income.
i. The Awardee shall obtain, as part of the required audit report, validation by a
certified auditor of all Program Income and its disposition.
3. Upon expiration or termination of this Agreement or at the. end of any program year, the
Awardee shall transfer to the County any Program Income funds on hand, and any
Program Income accounts receivable to any CDBG funded activities. PHCD may require
remittance of all or part of any Program Income balances (including investments thereof).
4. PHCD, in its sale and absolute discretion. reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shalt comply with the County's travel policies. Documentation of travel expenses shalt
conform to the requirements of PHCO'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 altowed, the Awardee shalt comply with County Resolution No.
1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties list System to confirm clearance of
contractors. The system may be accessed at https:llwww.sam.gov/ Awardee
shall provide to PHCD a copy of the s~e page that indicates the name and the
date it was checked. Awardee shalt further ensure that no contractor,
subcontractor, or assignee is listed on MiamiRDade County's debarred
Contracto~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.
Page 25
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval that
the County or 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
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. tn such drcumstances 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-conlractors or
assignees shall be governed by the terms and intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shalf require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
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 emptoyees 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 Consullant in carrying out the Scope
of Services provided in this subcontract.
3. The Awardee shalt be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services. Regardless of any approvals by PHCD of
subcontracts or subcontractors, the Awardee shall bear all risks associated with
subcontracting performance of the Activities to a subcontractor.
4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging
any party who agrees to eany out any substantive programmatic activities as may be
detenmined 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 wrtllen approvat from PHCD prior to either assigning or
transferring any obligations or responsibitity 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.
Page 26
7. If the subcontract in~volves $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
sUbconlractors 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) wilhout prior wollen approval from PH CD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Addilional Funding
The Awardee shall notify PHCD of any additional funding received for any aclivity described in this
AgreemenJ. 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 Ihe Awardee submits to PHCD adequate proof, as delermined 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 w[th the laws, rules and regulations sel 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 Ihe prior written approval by PHCD.
2. Requests for payment (reimbursement) s.hall be assembled by calendar month and
submitled 10 PHCD no less frequently than monthly. Expenditures incurred by the Awardee
must be submitted to PHCD, along with all original invoices, copies of front and back of
cancelled checkspaid to all subcontractorsand suppliers, all release of liens from alII
subcontractorsand suppliers, and all final approved permits, for paymenl 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 10 PHCD.
3. In no event shall the County provide advance CDBG funding 10 the Awardee or to any
subconlractor hereunder, nor shall the Awardee advance CDBG funds 10 any party.
4. Any payment due under Ihe lerms of Ihis Agreement may be withheld pend'lng the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit 10 PHCD pursuant to Ihe terms of Ihis Agreemenl or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that acoompanies the aclion
step chart in the scope of services. Payment is contingent on the achievement by the
Awardee of the quarteny accomplishment levels identified in the scope of services portion
of this agreement -Attachment A, which shall be submitted with all payment requests
and shall clearly identify the completed level of accomplishments mel. This shall also apply
to soli oosls associated wilh project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Internal Services
Department. PHCD must receive the final request for payment from the Awardee no more
than thirty (30) calendar days after the expiration or terminalion of this Agreement. If the
Awardee fails to comply with this requirement, Ihe Awardee will forfeit all rights to
payment(s) if PHCD, in its sole discrelion, 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 PH CD in accordance with PH CD's Policies and
Procedures Manual,
Page 27
8. Any unexpended funds remaining after the completion of the services under this
Agreement, or after termination of this Agreement, shall be recaptured in full by the County.
9. In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is enfltled to return of any or aU of the funds awarded under
this Agreement. Awardee agrees to and shall assign any proceeds to the County from any
Agreement between the County, its agencies or instrumentalities and the Awardee or any
firm, corporation, partnership or joint venture in which the Awardee has a controlling
financial interest in order to secure repayment of this award. "Controlling financial interest"
shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital
stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership or other business entity.
CC. Reversion of Asset.
The Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable. any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property, such reserves shall
not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, induding but not
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event shall ,funds received pursuant to this
Agreement be used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
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 permiHed 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 tenns 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. Effective Date
1. This Agreement shalt begin on the effective start date as stated on page 1 of this contract .
Any costs incurred by the Awardee prior to this date will not be reimbursed by the County.
2. This Agreement shall expire on the end date as stated on page 1 of this contract. 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 activite •. Any
Page 28
extension made pursuant to this paragraph shall be accomplished by a writing by the
County to the Awardee. Such notice shall automatically become a part of this Agreement.
3. This Agreement may, at the sole and absolute discretion of the County and PHCD, remain
in effect during any period that the Awardee has control over Agreement funds, including
Program Income. However, the County shall have no obligation or responsibility to make
any payment, except those described within Section II, Paragraph Y, or provide any type of
assistance or support to the Awardee if this Agreement has expired or been terminated.
4. Management Evaluation and Performance Review
1.
The Department may conduct a formal management evaluation and 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 pracflces. The performance review
should reflect the quality of service provided and the value received using monitoring data,
such as progress reports, site visits, and client surveys.
Defaurt or Breach
The Awardee shall be in default or breach of this Agreement if any of the following acts,
omissions or conditions occur:
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Agreement, 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. Firing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party,' or -against
Awardee or Related or Affiliated Party which the County determines, in its sole
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, inctuding 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 Affilialed Party or the Property, or any action, activity, facts, or
circumstances that would materially impair perlonnance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1)-(2) of this Agreement.
j. Failure to meet the fifty percent (50%) or sevenly percent (70%) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentalion) sufficient to show Awardee has met said
Benchmarks.
Page 29
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 feast ten (10) days before the effective dale 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
olher Agreements entered into between the County and Ihe Awardee. The Awardee shall
be responsible for its own direct and indirect costs associated with such suspension,
including attorney's fees. Reasonable cause shall be determined by PHCD, in its sale 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 Ihe Awardee 10 materially comply wilh any term or provision of Ihis
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 sevenly 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 defaull by the Awardee, PHCD may al 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 Iype of aclion 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
aClion(s).
D. Termination
1. TerminalionatWili
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten
(10) working days notice when PH CD determines that it would be in the best interest of
PHCD and the County. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. In the event of termination, the County may:
(a) request the return of all finished or unfinished documents, data studies, sUlveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured by
Ihe Awardee with County funds under this Agreement; (b) seek reimbursement of Counly
funds allocated to the Awardee under this Agreement; andlor (c) terminate or cancel any
olher Agreements entered into between the County and Ihe Awardee. The Awardee shall
be responsible for its own direct and indirect costs associated with such termination,
including attorneyrs fees.
2. Termination for Convenience
PHCD may terminate this Agreement. in whole part, in accordance with 24 CFR Part 85.44,
when both parties agree that the continuation of Ihe activities would not produce beneficial
results commensurate with the further expenditure of funds. Both parties shall agree upon
the termination conditions. PHCD, at ils sale discretion, reserves the right to terminale 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
Page 30
In the event of a funding short-fall, or a reduction in.federal appropriations, or should funds
to finance this Agreement become unavailable, PHCD may terminate this Agreement upon
no less than twenty-four (24) hours written notification to the Awardee. Sa'ld notice shall be
delivered by certified mail, return receipt requested, Of 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 andlor adjust the Agreement award whichever
is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee may, at its discretion, request 'In
writing from the Director of PHCD a release from its contractual obligations to the County.
The Director of PHCD will review the effect of 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 110 less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6, Termination for Failure to Make Sufficient Progress,
PH CD 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
r The County reserves the right to tenninate 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 proceedin.g, 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 derlvered by certified mall, return rece'lpt requested, or in person
with proof of delivery.
Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of
any other breach and shall not be construed to be a modification of the terms of this
Agreement. The provisions herein do not limit the County's right to legat 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, matenals, 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
Page 31
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, misrepresenfation or material
misstatement may be disbarred from County contracting for up to five (5) years.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a. 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
perfonnance of this Agreement or any breach or default" notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement, in accordance with 24 CFR Part 85.43 et.seq
including but not limited to filing an action with a cour! 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 vir!ue 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 exctude expenses incurred prior to the execution
date of this Agreement, personal expenses, travel expenses, expenses related to additional phases
of the Project not specifically and expressly incorporated into this Agreement. PHCD shall be the
sole judge of "reasonable, allowable costs.· All compensation pursuant to this Article 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-l . 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 Parties 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 equally 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 111, above.
Page 32
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. Neilher party shall be liable for cosls incurred by Ihe olher party prior 10 the execution of
this Agreement.
F. Renegotialion. Modification and Right 10 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 PHeD determines,
in its sore and' absolute discretion. that federal. state, andior County revisions of any
applicable laws or regulations, or increases or decreases in budget allocations make
changes in this Agreement necessary. PHCO 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 alfoc~tions.
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 :writiilg of the extension. This
Agreement may be extended beyond the initial extension period upon mutual agreement
between the County and the Awardee, upon approval by the County Mayor or Mayo~s
designee.
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 Mayo~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 COBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply
with PHCD's Policies and Procedures Manual. All budget revisions shall require an
amendmenl of this Agreemenl, which the County shall have no obligation to execute. The
County shall nol 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 PHCO no later than five (5) working days
of the action; written notification will constilute 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. Shoutd the modified budget not be received
within the specified time, The County will revise the budget at its discretion. The County in
its sole and absolute discretion will determine whether substantial reductions will
necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to
the Scope of Services, when required, will be negotiated to the mutual satisfaclion of both
parties.
3. Revisions to the COBG 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
Page 33
The County shall have the right to inspect, monitor, and-inquire of Awardee , at the sale and
absolute discretion of (he 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 CD8G 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.
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, Of an authOrized representative, will issue a
determination within thirty (30) calendar days of receipt and so advise PH CO 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 aelion
or against the County until thirty (30) days from Ihe County Mayor issuing his/her determination.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its Agreements to the
County Mayor for bidding and award in accordance with County policies and procedures.
L. Proceedings
This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispule
arising under, in connection with or related to this Agreement or related to any matter which is the
subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal
courts located in Miami-Dade County, Florida.
M. Notice and Contact
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
South Miami, FL 33143-5040
Attn: Ms. Jennifer Korth
Attn: ______________ __
Page 34
6130 Sunset Drive
TO COUNTY:
COpy TO:
COPY TO:
COPY TO:
Miami-Dade County
111 N. W. 1stSlreet
Miami, Florida 33128
Attn: Russell Benford, Deputy Mayor
Public Housing and Community Development
701 NW 1" Court, 14th Floor
Miami, FL 33136
Attn: Michael Uu, Director
Public Housing and Community Development
701 NW 1" Court, 14th Floor
Miami, FL 33136
Attn: Letitia Goodson, PHCD Project Manager
Assistant County Attorney
County Attorney's Office
111 N. W.1stStreet, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or new
address will be rendered in writing to the other party and said notification attached to originals of this
Agreement.
In the event that any of the information required by the provisions of this Article is changed by either
of the Parties after the execution of this Agreement, the affecled Party shall give notice in writing
within five (5) days to the other Party of the amended pertinent information, which shall be attached
and incorporated into this Agreement.
N. WAIVER OF JURY TRIAL
NEITHER THE AWARDEE, SUBCONTRACTOR, NOR ANY OTHER PERSON LIABLE FOR THE
RESPONSIBILITIES, OBLIGATIONS, SERVICES AND REPRESENTATIONS HEREIN, NOR ANY
ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE,
SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL
IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE
BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR THE DEALINGS OR THE
RELATtONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM.
NEITHER AWARDEE, SUBCONTRACTOR, NOR ANY SUCH PERSON OR ENTITY WtLL SEEK
TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED. THE
PROVtSIONS 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 wIIhout the prior written consent of the County.
P. Third Parties
This agreement is intended for the sole and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
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 COBG funds as well as the County's right
to inspect and monitor the Project and Awardee for complaince with the HOME Regulations, will
survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the
Awardee and the County under this agreement, which by nature would continue beyond the
termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration
hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the Awardee
is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the
County.
The Awardee is, aoo shall be, in the performance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or servan't of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
Umes, and in all places, be subject to the Awardee's sale direction, supervision and control. The
Awardee shall exercise confrol over the means and manner in which it and its employees perform
the work, and in all respects the Awardee's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees, servants or agents of the
County.
The Awardee does not have the power or authority to bind the County in any promise, Agreement or
representation other than specifically provided for in this Agreement.
S. All Terms and Conditions Included
This Agreement and its attachments as referenced (Attachment A -Scope of Services; Attachment
A 1 -Action Steps; Attachment B -Budget; AUachment B-1 (N) Idemnification and Insurance
Requirements; Attachment B-2 -CDBG Program Requirements (Housing Only); AUachment C-
Progress Report,Set-Up Forms, Performance & Benefit Oata 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. Confiict
In the event that a conflict arises between any prior funding documents andlor agreements
governing this development, the terms, provisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the
project's true "gap" finanCing needs to be less than the maximum award allocated by the Board of
County Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in
this Agreement shall be subsequently reduced. "Gap" financing means the difference between the
amount of financing availabte 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 Mayo~s designee. Any differences between the terms and conditions set fo·rth in this
Agreement and the subsequent funding award shall require a negotiation between the Parties in
order to resolve those differences. Awardee understands and acknowledges that changes to the
Project or Activities described in this Agreement may not be accomplished by applying for and being
awarded subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the
BCC funding for an additional phase of the same Project, a separate agreement must be negotiated
and executed between the Parties. Under no circumstances shall Awardee assert that a
Page 36
subsequent application for and award of funds for the same project constitutes and amendment of
this Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a
subsequent application for and award of funds for the same Project where such subsequent
application by Awardee includes terms which conflict with the terms of this Agreement.
U. Interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of thiS Agreement. Wherever used herein, the singular shall include
the plLiral and plural shall in dude 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 flmited to
the Awardee's obligation to indemnify the County, will survive the teon, 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 6t7.0835 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, Flortda 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, Ihe pariies herelo h!jvecau~ed this Thirty-Sgli\(~8) Page conlract tpbe executed by Ineir
undersigneil officiah' a$.dulyaulhorized, this ~ day 01 ~c. 2015.
TliLE:
BY:
NAME:
TliLE':
DATE:
BY:
(SiQn reI
~~. Type or rint Name
BY:
9haMe)
. ¥@.: 0,. ~ e-l.C?I
Type or print !'Iamja
FeUeraiiD Nuli'lber: !i96000~1
Resolution #: R-579-ts
Awardee's Fiscal Yifar Ending Data:
CORPORATE SEAL:
BY:
NAME:
TITL.E:
DATI;:"
AnEST
BY:
"Ca"riosA. Gimenez
Mayor
TITLE: Clerk, Boanf:ol County Commissioners
DATE:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ~OTH PARTIES
Page 38
PUBLIC HOUSING AND COMMUNITY DlWELOPMENT
ATTACHMENT A
MIAMI .•
[!(.l IHiilliifW
FY 2015 Scope of Services
October 1, 2015 through September 30, 2017
Agency Name: City of South Miami
1.
2.
3.
-A CTIVITY TITLE:
lOIS #:
RESOLUTION #:
DUNS#:
-ACTIVITY DESCRIPTION:
2a -Activity Category:
2b. _. Objective:
2c. -Outcome:
2d.-Scope of work (Attached)
-APPROVED BY BCC:
Other Funding Source and Amount:
4. -FY 2015 FUNDING REQUESTED:
5. -HUn INFORMATION:
Sa. -HUD matrix code:
5b. -HUD Activity Type:
5c. -HUD National Citation
6. -ACCOMPLISHMENTS:
6a. -Number of Units:
6b.-Type:
7. -NATIONAL OBJECTIVE:
Total # of Low/Mod in Service Area:
Census Tract:
Block Group:
8. -ACTIVITY ADDRESS:
9. -LOCATION:
NRSA (Activity located in):
District (Activity located in):
10. -LABOR STANDARD applicRble
Type of Work:
o Building o Residential
SW 64 th Street, between SW 57 th Avenue and 62 nd Avenue
R-579-15
24628976
Street improvements to install/improve buffered bike Janes: including
drainage renovations, landscaping, signage, pavement markings and
resurfacing along SW 64th street between S\V 51~ and 62nd avenue.
Public Facilities and Capital Improvement
Sustainable Living Environment
Availability/Accessibility
Amount: $336,000 Source: CDBG FY: 2015
$84,000 City of South Miami
$336,000
3K
LMA 570.208(a)(2)
570.20 1 (c)
Public Facilities
76.04
6130 Sunset Drive South Miami, .FL 33143
South Miami
7
o Highway o Heavy
11. Set aside units different from total units
12. INSURANCE REQUIREMENTS:
Project Manager: Letitia Goodson
Worker's Compensation Insurance. Commercial General Liability Insurance,
Auto mobility Liability Insurance and Professional Liability Insurance. See
Attachment for detailed re •
LaWanda S. Scott Ie'
Mario Alvarez
HCD MaDllilcrt <Signatucc) I ... Datr
FY 2015 CDBG Funding Application
SW 64th Street Bike lane & Street Improvements
Scope of Services
1. Detailed Activity Description
"American urbanism has been a process through which communities -diverse
in ideology, interest, in income, in ethnic background and in racial
identification -have negotiated space. Some of this evolution has been brutal.
Today's cities are, among other things, the result of generations of racism and
classism and struggles in the face of those discriminations. As decades and
centuries have gone by, racial boundaries in the United States have shift;
discrimination has remained. Transportation has been near the heart of that
struggle from the start. From housing choice to bus frequency to freeway
routing to sidewalk quality, cities have often failed to equitably distribute the
costs and benefits of mobility."
-Building Equity -A report from People for Bikes and Alliance for Biking and Walking
This project aims to ensure that the City of South Miami provides mobility choices throughout
the entire district. Specifically, the following items will be included:
-DeSignated bike lanes' on both sides of SW 64th Street between SW 57th Avenue and SW 62nd
Avenue with buffer islands where right-a-way is adequate.
-Shared green colored bike lanes at the intersections of SW 59th Place and SW 57th Avenue.
-Resurfacing of intersection of SW 59th Place for existing stamped concrete.
-Evaluation and establishment of drainage impacts throughout corridor.
-Milling and resurfacing of entire SW 64th Street corridor between SW 57th Avenue and SW
62nd Avenue (Approx. Length 2600 IF).
-Signing and Pavement Markings, including new bike lane symbols and sharrows.
-Landscaping
-New concrete curb type "0" for buffer islands.
2. Activity location
SW 64th Street (Hardee Drive), between SW 57th Avenue (Red Road) and SW 62nd Avenue
3. Target Population
The South Miami NRSA almost entirely consist of a minority community. The 2000 Census
figures indicate that 83% are Black and African American. With more than 32% of the
population falling below poverty level, property is clearly a major issue in the SMCRA.
Moreover, educational attainment levels of the redevelopment's area's residents continue to
lag behind regional levels. In 2000, nearly 36% of the population never graduated high school,
while 18% in the City and 32% in the County did not graduate. The boundaries of the SMCRA
are Sunset Drive on the South, SW 62nd Street on the North, SW 62nd Avenue on the West
and SW 57th Avenue (Red Road) on the East.
4. Priority Needs Statements
This activity meets one or more of the County's high priority needs listed in the FY 2013-2017
Consolidated Plan:
Overall Goal: Provide adequate public facilities and capital improvements to benefit low-to
moderate areas and residents
Proposed Five-Year Funding priorities and strategies:
Public Facilities and Capital Improvements: The County shall prioritize funding to upgrade
parks, community centers, and street and roadway improvements to benefit low-to moderate-
income residents in Miami-Dade County.
According to the South Miami NRSA priority needs table, Public Facility and Infrastructure
Needs are rated high.
Quarterly Milestones I Action Steps
FY 2015, Quarter 3
April I, 2015 -June 30, 2015
Receive funding from Community Development Block Grant (CDBG)
Staff coordination to prepare scope of work
Consultant Selection from the City of South Miami CCNA list
FY 2015. Quarter 4
July I, 2015 -September 30, 2015
Prepare package for Commission approval and Start Construction Documents (Design Phase)
Prepare Resolution Package
Commission Approval
Provide Purchase Order to Consultant
Consultant is to provide 30% plans to the City for review
City will provide comments for 30% submittal
Attachment At
Public Facilities and Infrastructure Improvements -FY 15 SW 64th Street, between SW 57th Ave. and 62nd Ave. (Bike Lanes)
Enter in the %
of Task Enter in the
Completed (as Start Date of Calculated End
ID Task Name Required Resource of today) Task Date of Task Notes:
1.1 l\.,onLracL veve Opmenl;: 1"'1Iase
1.1.1 5utlmittal-Ot scope aM Duaget Agency 100.00 8/1/15 8/31/15
scope and budget review by Public Housing and
1.1.2 Communitf Development (PHCD) Project Manager (PM} Project Manager 0.00 911/15 9130/15
prepare and assemble contract with Attachments A to H
1.1.3 (24 cfr 92.504) Project Manager 0.00 9/1115 9/30/15
1.1.4 submit contract for agency signature to execute Project Manager 0.00 10/1/15 10lf5115
1.1.5 return signed contract to PHCD for final processing Agency 0.00 10/15/15 11/15/15
1.1.6 receive and distribute executed PHCD Contract Project Manager 0.00 11/15115 12115/15
submit required Enviromental Review (ER) form (see
1.1.7 attachment 0 in the contract) Agency 0.00 711/15 12131115
1.1.8 environmental review process Environmental Specialist 0.00 711115 1131116
MHeS[One rc.evrew
1.2 re~ IJevelopmenl.. rilase i
1.2.1 submit required insurance certificate Agency 0.00 211116 . 2115/16 ,
,
1.2.2 Environment clearance letter Environmental Specialist 0.00 2/1/16 2115116
I"IIlleS~One "eVlew
1.3 J<,'uo re-Dla .... (lase
1.3.1 select consultant from City's CCNA list Agency g 0.00 2/15/16 3/15116 I
1.3.2 Approval of consurtant by City Commsission Q 0.00 2115116 3/15116
1 •. 4 uuml _ .. ''''., conu ac~ or r ' .... LI eVlew
1.4.1 Submit executed design contract for PHCD review '0 0.00 3115116 3/30/16
1.5 , •• 'u" co ,as.
1.5.1 Oevelopment of Construction Documents @ u.uu 4/1/1. 10130/16
1.6 IW'''' KUC"V" "reo DIO "nase
1.6.1 RFP package for General Contractor (GC) Agency 0.00 11/1116 12131/16
1.6,2 Submit RFP package to PHCD Agency 0.00 1111/16 12131116
1.6.3 review GC bid package by PHCD Project Manager 0.00 1111/16 12131116
1.6.4 Submit revised RFP feedback to Agency Project Manager 0.00 1111/16 12131116
1.6.5 Give written approval for RFP Project Manager 0.00 11/1/16 12/31116
1.6.6 Pre-bid meeting Agency/Project Manager 0.00 11/1/16 12131116
1,6.7 BidjRFP opening Agency 0,00 11/1/16 12131/16
.
Page 1 of 3
as of 912112015
Attachment A1
Enter in the %
of Task Enter in the
Completed (as Start Date of Calculated End
10 Task Name Required Resource of today) Task Date of Task Notes:
1.6.B Check debarment list Agency 1111/16 12/31116
1.6.9 Selection/Award Agency 0.00 1111/16 12131/16 I
1.6.10 Place oraer Tor IVllaml-uaae Lonstructlon :::'Ign Project Manager 0.00 11/1/16 12131/16
mlleSo;one n:evlew
1.7 ucmn; \"UI'I;) I n.U\,.IIVN contract;. lor rnl..v ,,;eV1ew .
1.7.1 'executed GC contract Agency 0.00 111/17 212912017
Submit GC contract, bid tabulations. recommendation by
agency staff, resolution approvigin selection, copy of ad to
1.7.2 PHCD Agency 0.00 111/16 212912017
1.7.3 PHCD Review GC contract / check debarment list Project Manager 0.00 111/16 212912017
1.7.4 Give agency written approval for subcontract Project Manager 0.00 111116 2129/2017
1.7.5 Certificate of Insurance Construction Manager 0.00 111116 212912017
1.7.6 Payment of Performance Bond Construction Manager 0.00 111116 2129/2017
Submit copies of State, County and City Ucences and
1.7.7 Certicate of Competencies Construction Manager 0.00 1/1/16 212912017
l.7.B Submit W-9 Request for Taxpayer 10# Construction Manager 0.00 1/1/16 2129/2017
Milestone Review
1.B ' ~U_ "u,"" ...
1.B.l pre-construction conference Agency u.uu ,,/1/17 3/31/17
1.8.2 notice to proceed Agency 0.00 3/1117 3131117
1.B.3 obtain permits Agency 0.00 3/1117 3/31/17
., INFRASTRUCTURE IMPROVEMENTS ONLY
.>.1 IIVlOCll Izatlon IAgency v.w ~/.,., 5/30/17
1.9.1 maintenance 0 traTTic Agency 0.00 4/1/17 5/30/17
1.9.3 submit payment request Agency 0.00 4/1/17 5/30/17
1.9.4 remove asphalt pavement Agency 0.00 4/1117 5/30/17
1.9.5 submit payment request Agency 0.00 411/17 5130/17
1,·>·0 I UaV1S-Hacon complalnce Agency V.vv
1'. Y.I luramage IAgency v.vv '/J./" 4130/17
1 .•.• curb inlet Agency O.uO 4/1/17 4130/17
1.9.9 pipes Agency 0.00 4/J.f17 4130/17
1.9.10 submit payment request Agency 0.00 411117 4130/17
1'-'·11 I Davls-oacon Lomplarnce I"gency u.uu
11.>·lL aVlng gency v.vv D/.,.' 6/30/17
1.9.13 construct concrete crUD Agency 0.00 6/1/17 6130/17
1.9.14 submit payment request Agency 0.00 6,1,17 6/30/17
11·~·1) i DavlS-oacon Lomp,a,"ce IAgency v.vu
Page 2 of 3
as of 912112015
Attachment Al
I
Enter in the %
of Task Enter in the
CQmpleted (as Start Date of Calculated End
ID Task Name Required Resource of today) Task Date of Task Notes:
L:r.TO !StriPing aifd Signs . . ""ency 7/15/17 v.vv """
1 .•. 17 pavement marKers Agency 0.00 7/1/17 7f15/17
1.9.18 reflective pavement markers Agency 0.00 7/1/17 7/15117
1.9.19 submit payment request Agency 0.00 7/1/17 7/15117
.7.LV LJClVfS-DClcon Lomp 2ilnCe ..... gency u.vv """ 7/1.5/17
.7.L' ~"' Agency u.w ,,.VI 7/31117
.'.i.t ...... gency v.w ., -, 7/31/17
2.1 artlClpant t.l1g1uldLY .'"
determine that each participant is income eligible by
2.1.1 determining the famity's annual income. Agency 0.00 8/1/17 8131/17 If appl
Examine the source documents evidencing annual income
(e.g., wage statement interest statement, unemployment
2.1.2 compensation statement) for the family Agency 0.00 8/1/17 8/31117 If appl
2.1.3 Census Tract and Block Group Information Agency 0.00 8/1/17 8131/17 . If appl
IMHflscone xevrew
2.2 I,-omp,e .. lon r.,ase
LLI submit final progress report Agency U.W lulll1l 10/10/17
2.2.2 submit payment with final release of liens Agency 0.00 9/1/17 10131117
2.2.J final walk thru All 0.00 9/1/17 10131/17
2.2.4 Certificate of completion Agency 0.00 911/17 10/31/17
2.2.5 project completion form Agency 0.00 9/1/17 10131117
2.2.6 construction close out All 0.00 9/1/17 10131/17
2.2.7 report accomplishment in lOIS PH CD's complaince unit 0.00 10/1/17 12131/17
2.2.B submit project close tetter to agency PH CD's compiaince unit 0.00 10/1/17 12131/17
Milestone Review
, Inspection of set aside units PHCD inspector 0.00
Inspection of set aside units PHCD inspector 0.00
Inspection of set aside units PHCD inspector 0.00
Inspection of set aside units PHCD inspector 0.00
Inspection of set aside units PHCD inspector 0.00
-I
ATTACHMENT B
CITY OF SOUTH MIAMI
SW 64th Street, between SW 57th Ave. and 62nd Ave. (Bike Lanes)
COBG FY 2015
Summary Budget
October 1, 2015 -September 30,2017
CATEGORIES
I. Personnel
II. Contractual Services
III. Operating Services
IV. Capital Outlay
TOTAL BUDGET
. SOURCES OF OTHER FUNDING
City of South Miami
NON-PHCD
FY 2015 FUNDING FUNDING
$
$ 60,000.00
$
$ 276,000.00
$ 336,000.00
$
$
$
$ 84,000.00
$ 84,000.00
TOTAL AMOUNT
$ 84,000.00
TOTAL ALL
SOURCES
$
$ 60,000.00
$
$ 360,000.00
$ 420,000.00
ATTACHMENT B
CITY OF SOUTH MIAMI
CDBG FY 201S
SW 64th Street, bet\o\leen SW 57th Ave. and 62nd Ave. (Bike lanes)
DETAil BUDGET
October 1, 2015 thru September 30, 2017
pp Non-PHCD PHCDZ015 Total All Sources
0410 PERSONNEL ~ Employee
Regular-Salaries
Position #1
Position tl2
Position #3
Sub-Total Salaries
4010 Fringe Benefits
FICA (salaryX7.65%)
Sub-Total Fringe
Total Personnel
Contractual Service:.
21011 External Audit
21012 Environmental Audit
,21030 9the;r Professional-Design
21030 Other Professional SVC
22350 Bottled Water
25330 Rel1t Copier
25511 Building Rental
Total Contractual
Operating Expenses
31011 Telephone Regular
31011 Telephone Long Distance
31610 Postage
31420 Advertising Radio
Total Operating Expenses
Commodities
31510 Outside Printing
95020 Computer Purchase
47010 Office Supplies I Outside Vendors
Total Commodities
Capital Outlay
90 Construction .
Signage
Infrastructure Improvements
Total Capital Outlay
I TOTAL BUDGET
SOURCES OF OTHER FUNlING
City of South Miami
$ $ · $
$ -$ $
$ -$ $
$ -$ -$
$ $ -$
$ · $ $
$ -$ · $
$ · $ $
$ -$ · $
$ · $ 60,000.00 $
$ · $ -$
$ · $ · . $
$ · $ -$
$ -$ -$
$ · $ 60,000.00 $
$ · $ -$
$ · $ · $
$ -$ · $
$ · $ · $
$ · $ · $
$ · $ · $
$ · $ $
$ -$ · $
$ · $ · $
$ 84,000,00 $ 275,000.00 $
$ · $ 1,000.00 $
$ · $ · $
$84,000.00 $ 276,000,00 $
I $ 84,000.00 I $ 336,000.00 I $
TOTAL AMOUNT
$ 84,000.00
·
-
-
-
-
·
60,000.00
-
·
-
60,000.00
·
·
-
·
-
·
-
·
359,000,00
1,000.00
·
360,000,00
420,000.00 I
ATTACHMENT B-l(N)
INDEMNIFICATION
Government entity shall indemnify anQ hold harmless the County and its officers, employees,
agents and illstrumentalities from any and all liability, losses or damages, including attorneys' fees
and costs of defense, which the County or its officers, employees, agents or illstrumentalities may
illcur 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 perfonnance of this Agreement by the Government
entity or its employees, agents, servants, partners principals or subcontractors. Government entity
shall pay all claims and losses in connection therewith and shaU investigate and defend all claims,
suits or actions of any kind or nature in the name of the County, where applicable, including
appellate proceedings, and shall pay all costs, jUdgments, and attorney's fees which may issue
thereon. Government entity expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by Government entity shall in nO way limit the
responsibility to indemnify, keep and save hannless and defend the County or its officers,
employees, agents and instrumentalities as herein provided.
Public Housing and Community Development
Attachment B-2
Community Development Block Grant (CDBG) Program
Not Applicable
ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20
I Reporting Period: L ~~ ___________________________ ~ __ ~ ____________ ~ __ ~ __________________ _
i 0 1st Quarter [Jan-Mar] 02'" Quarter [Apr-Jun) 03'· Quarter [Jul-Sept] 0 4th Quarter [Oct-Dec]/ Annual Report I t...='.. _____ ~ _.. .._ ..•... , __ .. _________ . __ . __ .. -.. ,,______ .. • __ .. _. _____ .. ___________ . _________ ...1
-----_._ .... _--_ •..•. ------_.-'--_.,,-------.-.. ---------.----.----.•. ----, rs;ctio;;-I: Generallnforma~~~_. ____ , ______________ . ___ . ________ ._.'. ________ .. __ ." __ '_ J
Recipient Name (Organization): ____ _
Contact Person (Name & Title): Telephone Number: _____ _
Activity Name (Project Title):
Activity Address: ________ _
Activity Description:
IDIS#: Index Code: ________ Funding Source: _____ Funded Amount: $ _______ _
Activity Category:
o Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Public Service o Housing 0 Homebuyer Assistance 0 Tenant-Based Rental Assistance (TBRA) 0 Homeless Housing
Objective: 0 Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportunities
outcome: 0 Availability/Accessibility 0 Affordability 0 Sustainability
'I Section II: Financial Information At the time the Awardees has been paid or otherwise received fifty percent (50%) and seventy I
percent (70%) of the Agreement Funds, the Awardees reporting these expenditures must submit documentation to show that Awardees has 't-
accomplished 50% and 70%, respectively, of the Activities de:s"c"rib:::e:::d:.:h"'e"re"'in", ____________________ ----'_
A B C o E F G H
Actual Reimbursed Projected
Approved Total Expenditures Cumulative Cumulative Projected Cumulative
Category Budget Expended Cumulative (Through end of Percentage Expenditures Expenditures
[This Quarter] [Through end of Ihis quarter] [8&DI [Next Quarter] [By end of Contract
this quarter] Period)
Personnel $ $ $ $ % $ $
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 0 No 0 N/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,
68/14151712
1013
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20
;---------------------ACTIVI-yy STATUS -ANO-iiccOiJlPlisii-';'-ENTiNFORMA1"ON ------------------------:
,--------.. -------.--.. -.... '-------------.------~------.-.. ~.--.--------,-.. --.---------.. -,--.. -... -.--,--.. -." .. _--_.-_ .. -
1. Activily Status: 0 Cancelled 0 Underway 0 Completed
z. 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
I Section ii~ 0 Work i~Proij;-;~[On-goi;;-9A--;;tiviii~~--;-O-Acco;:';plishme;:'t N.~r.ti~-;;-[Acti~it;;-C-~;:;;Pietedl------i
I Check appropriate box and reference the Scope of Services, included in your contract, as the basis for reporting the ! I work in progress or accomplished in a brief narrative format. [@Att.ch Scope of Services I -, -------,-,-----------,-_ .... '-----_.'------,--------.. ---------------.------.-~
------1 i Section IV: Other Supporting Efforts '-______________________ . _________________________________ ,
i Provide a description, using quantifiable data, of all other supporting efforts Ihat have begun, partially implemented, or i
i completed during this period. i '--_ _ ... ___ . ___ .~. ___ ,~ ___________ .. ___ , _____ ,, _______ .• _______ .~" ____ J
I Section V: Problems Encountered ~L' -,--------,-----,-----c--,-------i Provide a brief description of any problems or delays encountered during this period or anticipated_
! Section VI: Technical Assistance I
II If your organization has a need or anticipatLe-a-ne-e-dC-:-fo-r-Cte-c---:h-n-:-;c--a-:-l-a-ss"7is-Ct-an-c-e-d-:u-r-:-in-g-t:-:-h-:--is--p-e-ri:-o---:d-, -pl:-e-a-se--:d-es-c-ri::-b-e""Ct:-h-e -'
_ nature of the assistance required_ _ ____________ _
I Section VII: Performance Measurement
! 'Notes: A Supplemental Performance & Benefit Data Report must be submitted if any actual achievements are I reported during this reporting period and all HOME funded projects must submit applicable activity set-up form_
Accomplishment Type: 0 People [01] 0 Households [04] 0 Businesses [08] 0 Organizations [09]
o Housing Units [10J 0 Public Facilities [11] D Jobs [13]
National Objective: 0 Area Wide Benefit fe_g. lMA, LMAFI, LMASA, SBAJ -{Jr· 0 Direct Benefit [e-9-LMC, LMH, LMJ]
I People or Households· Achievements: 0 Yes 0 No
Ilf yes, what is the accomplishment type? 0 People -{Jr-0 Households
P I H eople h Id (LMH f"f I ) ouse 0 s ac IVI les on y
Total People low/Mod Total Households low/ Mod Female Headed
Projected Goal
Actual This Quarter
Actual Cumulative
Sopplelllelllal RepOi t Attactled Y I ill Pertomlance & Benefit Data:
o Housing -or-0 Public Service & Administration --or-0 Capital Improvement & Public Facilities
CDl14i51712
2013
H.IAHI~)
~",[-;lt1
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20
CH~U;;";;9tJnii~-;-A;;hi~ve-;;;~nts: 1JY~~_ o~;-=:_=----=~~~~:.:_===::==--c.-~~=~::~-=~' •• -·=::~=_:~-=-j
l.p=r::oj~e,",ct--,e::d:::G:.:o ... a~~_:;;;_-~: __ --=O_w_n_e_r ___ Fl-__ R_e-n_t_al_-_-_~t-=-=-BUY<:!:..... .. 1 " .• '-1
r-Actual This Quarter ~ _ .
Actual Cumulative
Supplemental Report Attached YIN ___ .____ 0 Performance & Benefit Data: Housing
'Jobs or Businesses :Achievem;"ts~'-0 y;;;'--OC-No ---·----·---------------··---------.. ----------1
LI! yes, what is Ih~ acc"-~..e!~hment type? __ 0 Job,,--:or-._D §usi!:'esses ___ .. _______ .. __________________________ .!
Total Job Count Total Weekly Hours Percent
t-::~:~~:!:j~:::~:e~::':'.:.::~:::::::~:.:lu-a-rt-e-r -+_F._U_II-_T_im_e_
I
A) jm=' .• " 1 ':"' ... I'n En~' Moo f~-'"'0" J
Actual Cumulative t= t
Assistance to Businesses Proiected Goal Actual This Quarter' Actual Cumulative
New Businesses
Existing Businesses
Total
Supplemental Report Attached YIN ___ _ o Performance & Benefit Dala: Economic Development
PERFORMANCE CERTIFICATION: 0 This certifies that No Accomplishments occurred during this Quarter.
Initials
NOTE: Submittal of Supplemental Form -Performance & Benefit Data is not required at this 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: _____ -----, ______ Title: ___________ _
Print Name
Date: ____ _
Signature of Certifying Official: _________ Title: ___________ _ Date: _____ _
F()~ PI;IC;P USE ()~LY Activity lOIS Number: _____ _
Report 0 is lOis not complete + Report 0 is lOis not accurate
Initial review for completeness and accuracy completed by -Name: ___ ===:--= __ ~
Project Manager
Name: ___________ Date: ____ _
Supervisor
Waming: Title 18. US Code Section 1001, states that a person who knowingly and w/7/ingly makes false or fraudulent statements to an De
-roVl e pens es rase or fravdulent statements.
This material is avajlable in an arressib1e format "pM reqllest SBlfot'5fTff
30f3
'HIAH~D ~..J!J
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY20
Recipient Name: Rel'orting Pe.riCld
--1~ Quarter [Jan-Marl
2"' Quarter [Apr-Junl
3" Quarter (,!tJ1-Septl
4" Quarter [Oct-Dec] I -
Activity Name: _____ _
lOIS # : ________ Activity Category: ________ _
HUD Activity Matrix Code: ____ Accomplishment Type: _____ _
HUD Matrix COde Description: _______ _ Annual Rel.'ort
0
0
I-H
0
ACC'PMPLISHMENT UNITS. .
PROJECT TYPE: ' o Acquisition I Disposition o Structures + 0 Parcels
o Clearance I Demolition o Structures + 0 Parcels
o Street Improvements Persons Served + LowlMod Income
COMPLETED: '" :,.
___ # of Structures
#of Parcels
# of Facilities ---o Public Facility I Type: Persons Served + LowlMod Income # of Persons Served
o Building I Type: Facilities + Persons Served + LowlMod Income ___ # of LowlMod Income
o Other Capital Improvement ffype:
[indicate below]
Persons Served + LowlMod Income
PERFORMANCE MEASUREMENT & ACCOMPLISHMENT INFORMATION
Instructions & Applicability: National Objectives include LMA & LMC activities with any 03 matrix code except 3T.
1. Total Persons Assisted for program year: 2. Counts by Households (H) or Persons (P): ____ _
3. Of the Total Persons, enter the number: Number of Persons
With New Access to this service or benefit
wiih ,"';proved'Access to thisservice or benefit
With access to a service or benefit that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted. ____ Total
" ,
,With New Access to this type of Public Facility or Infrastructure Improvement
With Improved Access to this type of Public Facility or Infrastructure Improvement
,With <!p,cessto Public Facility or Infrastructure that is No.Longer Substandard
Note: This field must equal the number in Total Persons Assisted. ____ Total
HOlJleless persons given overnight shelter
Number of beds created in overnight shelter or other emergency housing
NEIGHBORHOOD REVITALIZATION STRA TEGEY AREA (NRSA) INFORMATION
Is this activity located in a NRSA? DYes oNo
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami-Dade County's website -Services Near
You: http://qisweb.miamidade.gov/CommunityServicesl. A cOPy of the printout must be included with this report.
Provide the following informatlon:
NRSA # of Clients Served NRSA # of Clients Served
CDf15/51712V
1013
~'AHfD I~';':W
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
# of Clients Served # of Clients Served
---.. ~~~
-.--.~~~-
Location I Project Address:
Street I City I Zip Code -or-Folio Number is there is no street address
Location I Project Address:
Street I City I Zip-Code -or-Folio Number is there is no street address
DIRECT BENEFIT DATA: [] PERSONS -OR-[J HOUSEHOLDS . "
RACE & ETHNICITY CATEGORY
Instructions: (1) 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,
Racial Categories
White [llJ
Black I African American [12]
Asian [13]
American Indian I Alaskan Native [14]
Native Hawaiian / Other Pacific Islander [15]
American Indian / Alaskan Native & White [16J
Asian & White [17J
Black / African American & White [18J
American Indian or Alaskan Native & Black /
African American [191
Other / Multi Racial [20J
Totals
OTHER DIRECT BENEFIT INFORMATION
Income levels
Extremely Low (30% or less)
Low (31 % -50%)
Moderate (51% -81%)
Non Low/Mod {81 % orgreater
Re ortin based on household units onl ,
Number of Female Headed Households
Report Period Totals Cumulative I YTOTalals
Race Ethnicity Race
Total Number # Hispanic : Total Numbei .
.. Eth~ii;:ity .
if Hispailic
Re.ll..0rt Period Totals
Total Number
Totals
'.:. --
... " ..
.
' ... ~ ..
'.' ,",'
'. . ".-
--"
'. " ... .. -.. '. : .•.. : .
"-.-.
'~"-';.' ;, .
--"' . .' '.
.
.Cumufatlve I YTD Totals
Total Number . ',' ..
.' .' -i -' ... ' •.. ~ ... ".'
.. ". ':"-.',: :" .
'". , '.:"', ... :,::: i: .. ' .
.' ...... .
'., :.' -
"',-,;'
AREA BENEFIT INFORMATION
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 I ract: Block Groups:
Census Tract: Block Groups:
ea"5l5'7'2~'
2 of 3
$
$
$
$
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY20
PART 3 ·lFVERAG1NG 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
I@REQUIRED ATTACHMENTS [if appl'i~-;'ble]: 1) Certificat~ of Completion; 2) Printout of NRSA map, if applicable; 3)
Documentation of performance I accomplishments, e.g., new or improved access to services, facility, or infrastructure
upgrade; and 4) DocumentaU"n_.a.:'"described in the_C;o."tract or Scope of Services, o!, as instructed ~y the County.
Report Prepared by: _____ -=-:-:-:-c-_______ Title:
Print Name
Date:
Signature of Certifying Official: ___________ Title: ________ Date: _____ _
Warning: TtfJe 1 B, US Code Sect/on 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agel/cy 0, the VI/fled Stales is goofy ois fflluIlY. State jaw may 81$0 prOVide penaltiBS tot raise or fraudulent statements.
til ( ... .!::;... This maferia! is auajlable jn an accessible fnnnat Ilpon req'!ps' C0 '15lS17j?\I
3013
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST ............................................................................................................. : [_;~~:::::----r-:~_-··.·· -------------::----~==~--t
I ;-~ -------~-Fu~!!ing So~ce I Year _________ _
Amount /lOIS #
-------------------------"
................................................................................................................................................................................................ 0°
LMI Limited Clientele Criteria (Must check one below & Provide documentation as required)
Client Name
o 1. Low-Mod Clientele (LMC) -Documentation showing that the activity is designed for and used by a segment
of the population presumed by HUO 10 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 of location:
'Child(ren) School Records (showing home address)
• Driver License
• Utility Bill (FPL, Water & Sewer, etc)
REQUIRED DOCUMENTATlON-NO EXCEPTIONS
• PHCO General COBG Intake Eligibility Form (Must be Attached)
'Services Near You Print Out (Must be Attached)
(http://qisweb.miamidade.gov/CommunityServices/
1. Biscayne North
2. Cutler Ridge
3. Goulds
4. Leisure City/Naranja
5. Model City
6. Opa-Locka
7. Penrine
. 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, QIJARTERI Y PROGRESS REPORTS Will BE !lET' '''NED +0
THE AGENCY AND WILL BE CONSIDERED NON-COMPLIANT
Page 1 012
PHCD SUBIVIITT AL OF PUBLIC FACILITIES CHECKLIST
[J 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: SHOULO 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 & WMe 0 Native Hawaiian/Other Pacific Islander o Other: Multi Racial
o American Indian or Alaskan Native & Black/African American
List ' a nd all other LHome Gender Age
1 Self DYes DNa
2. DYes DNa
3. DYes n No
4. DYes 0 No
5. DYes 0 No
6. DYes DNa
7. DYes 0 No
8. D~s DNa
INCOME VERIFICATION,oATA . ..
The assistance you receive is determined in part by the size of your household and your income. All income and assets will require
verification befone eligibility will be granted. Income indudes all money coming into the household from all persons over 18 years old.
wages, salaries, tips, commissions; Self-employment income; Retirement, Survivor, or Disability pensions; Social Security or
Railroad retiremen~ Supplemental Security Income, Aid to Families with Dependent Children (AFDC), Temporary Assistance to
Needy Families (TANF), Food Stamps, or other public assistance, or public welfare programs; Interest, dividends, net rental income,
or income from estates or trusts; and any other sources of income received regularty, induding Veterans' (yA) payments,
unemployment comJl~nsation, alimonv, 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 (fANF) OiJicial Printoutlletier, Food Stamp Official Printoutlletier,
letter oonfirming amount of unemployment benefits received, proof of child support or alimony, proof of SSA/SSI or Veteran's
Benefits, or proof of retirement inoome. MUST ATTACH A COPY OF DOCUMENTS -NO EXCEPTIONS.
I, the undersigned applicant, do hereby authorize . to verify my personal reoords, including {Naoo"_
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 information acquired in this regard will remain oonfidentiaJ.
BY MY SIGNATURE, I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST
OF MY KNOVvtEDGE. l/Wi AWARE THAT IF I MAKE ANY WLLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY
OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED WTH 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 CIVILANO/ORADMINISTRATIVE PENALTIES AND SANCTIONS.
Signature of Applicant Date
Page1of2 CD/17/51712N3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
I CDSG INCOME ELIGIBILITY 24 CFR 570.208
Activity classified under family size and income 24 CFR 570.208(a)(2)(i)(B) 24 CFR 570.506(b)(3)(iii)
Aclivity is classified based on income eligibility requirements 24 CFR 570.208(a)(2)(i)(C) 24 CFR 570.506(b)(3)(iii)
that restrict it exclusively to low· and moderate·income persons
. .. .----.-.
I DEFINITIONS I 24 CFR 570.3 .
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 Jiving alone,
: 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 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 qualifying 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 qualify under 570.208(a)(1) (Area benefit activities), except when the
i recipient carries out a survey under 570.208(a)(1)(vi). Activities qualifying under 570.208(a)(1) generally must use the area
i income data supplied to recipients by HUD. The three definitions are as follows:
i (i) Annual income as defined under the Section 8 Housing Assistance Payments program at 24 CFR 813.106 (except that if i the COSG 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
, Estimate the annual income of a family or household by projecting Ihe prevailing rate of income of each person at the time
. assistance is provided for the individual, family, or household (as applicable). ! Estimated annual income shall include income from all family or household members, as applicable. Income or assel
I enhancement derived from the CDBG-assisted activity shall not be considered in calculating estimated annual income. ,
t Low-and moderate-income household means a household having an income equal to or less than the Section 8 low-
I income limit established by HUD.
; 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 HUD. Unrelated individuals will be considered as one,person families for this purpose.
I Low-income household means a household having an income equal to or less than the Section 8 very low-income limit I established by HUD. .
, Low-income parson means a member of a family that has an income equal to or less than the Section 8 very low-income
i_ limft established by HUD. Unrelated individuals shall be considered as one-person families for this purpose.
INSTRUCTIONS FOR IMPLEMENTING AGENCY
You must first seek third party verification. This is a verification that is received directly from the source of income. The request cali!
be by mail, fax, or email. It must be clearly evidenced that it Was received from the source. !
Waming: ntle 18, US Code Section 1001, states that a person who knowingly 8I1d willlflgly makes false or fraudulent statements to any Department or
Agency of the Uniteci States is guilty of a felony. State faw may also provide penelties for false orfraudulent statements.
: -¥.">l.~'~ This material 'IS available in an accessible format Upon request.
2012 CD/17/51712N3
MIAMI-D PUBLIC HOUSING AND COMMUNITY DEVELOPMENT = List of Persons Assisted (Public Service)
Supplement to Quarterly Expenditure and Progress Report
Date: .. .' ,.,;::~. T:R~P~.~n.:9~r,er,t~.q;.i ·,::·"~,,:ri:.
1st Quarter {Jan ~ Marl
Recipient Name: Activitv 2nd Quarter [Apr -Jun] 0
Name: 3rd Quarter [Jut -Sept]
lOIS Number: 4th Quarter [Oct -DecYAnnual Report
1, F'ersons Assisted 2. Status 3. Address 4& 5. NRSA
esl httD:IIe:isweb.mjamidade.R:o~/CommunitvServ
Last Name First Name New Existing House Number Direction Street Name Street Ty!'.e . Lives in a NRSA? Name of NRSA
1 0 0 []yes DNo
2 0 0 []yes DNO
3 0 0 Dyes DNo
4 0 0 Dye. DNO
5 0 0 DYe. DNO
6 0 D []yes DNO
7 0 0 Dyes DNO
B 0 0 DYes DNO
9 0 0 Dyes DNO
10 0 0 De. DNO
11 0 0 Dyes DNO
12 0 0 DYe. DNO
113 0 0 DYes DNO
I 0 0 ,
Dyes DNO : 14
115 0 0 Des DNO
INSTRUCnONS
1. Fill 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 fives in one of the NRSAs.
5, lfyes, view NRSA map at http://gisweb,miamidade,gov/CommunitySer,,ices/ to determine 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 Cutler Ridge.
Warning: THia ~ 8. US COde Seeliol""l 1001, states that a person who knowingly and wjliJngly makes (else or fraUdulent statements to any Department or AQency of the United Slates is guiHy Q( a felony, Stale taw may also provil1e penalties
for false or fr:mdulenl slatements.
® .'-.)'.,.,. Tilis rnat<;r!al is availab!e in an aCCEl~ible 'orma! upoo request. Pag-OolO C0123/12513N3
··1-MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmenlal 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'ateFiscal Year: FY·20 __
3. Name of SubrecipientiAgency:
4. Name of Proposed Activity:
o HOME
DEDI
5. location (Address with City, ST and. Zip) of Activity or Project:
6. Site Folio Number(s):
7. Commission District(s):
B. Direct Contact information of loan/grant recipient:
I Name: Address:
City: I State:
I Fax:
I Zip:
Phone:
9. Detailed deSCription of activity or project:
o HOPE VI
o NSP
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.J1l'oject result in the following?
YES NO
1. Change in use
2, Sub-surface alteration (i.e. excavati~
3. New construction
4, Renovation or demolition -' 5. Site improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, drives, etc.)
6. BUilding improvements (windows, doors, etc.)
7. Displacement of persons, households or business
8. I ncrease in population wOFking or living on site
9. Land acquisition
10. Activit'.in 100-year f1oo<f!'lain
11. A new nonresidential use generating at least 1,375,000
galions of water or 687,500 galions of sewage per 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 improvements
16. The impounding of more than 10 acre feet of water (e.g.
digging a lake or diverting or deepening 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 o NO
• If there 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:
o NO
Ooes the proposed activity include a new structure(s) or site improvements on a site of one
(1) acre or more?
DYES o 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 o 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. tn addition, provide for each existing structure on the site, the following
information:
• Existing structure(s) on site? DYES o NO
• Estimated age of structure(s)?
4, Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
DYES o NO
If yes, what is the estimated cost of rehabilitation or renovation? ________ _
What is the amount sought for funding?
In addition, indicate if the estimated value of the improvement represents:
o 0 to 39.9 percent of the market value of the structure(s) o 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market value of the structure(s)
o 75 percent or more of the market value of the structure(s)
3
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
DYES o NO
If yes, a copy of Phase I Environmental Audit cerlified to Miami-Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous sUbstance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership. land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hazardous facilities. solid waste/landfill facilities and
underground storage tanks (available Ihrough the Department of Permitting Environment and
Regulatory Affairs (DPERA), Florida Department of Environmental Protection (FDEP) and
U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed? DYES o NO
6. EnVironmental Health Information:
1.
2.
3.
4.
5.
6.
7.
• If a residential site, and the activity includes or involves rehabilitation. has it been inspected
for defective paint surfaces?
DYES 0 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 sile (including day care
facilily)?
Hazardous waste disposal facility?
StoraQe of hazardous malerials on site?
Abandoned slruclure(s) on sile?
o NO
YES NO
4
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit streeUplat maps that dep'lct location of property in the County andlor 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 ilemized
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. CERTIFICA nON
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 andlor 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 1" Court -14'· Floor
Miami, Florida 33136
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity EXEMPr CENST" CESr"
Economic Development
New Construction
Rehab X'
Non-Construction/EX£.ansion X
Housing
Single Family Rehab X
Multi-Family Rehab X'
New Construction
Homeownership Assistance X
Affordable Housing Pre-Dey. X
Capital Improvement
Handicapped Access X
Public Facilities X'
v l
.
5
Title
Date
EA****
X
X'
X'
X
X'
v'
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 NOIIRROF
Estimated Time Frame (Excluding 30-45 Days 30-45 Days
Triggered Statutes)
X' If for continued use and change in density (or size) of less than 20%
X' Change in density (or size) of more than 20%
•
••
** .. "
*"**
Exempt
CENST
CEST
EA
Exempt Activities
Categorically Excluded and Not Subject to 58.5
Categorically Excluded Subject to 58.5
Environmental Assessment (Format II)
6
(Statutory
Requirement
Triggered)
45-90 Days
CD/43131413
Publish
FONSI and
NOIIRROF
90 Days
Minimum
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCO)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
FeI1erat Employer JdeolilicaliOfl Nunmr (FEIN)
) , .
A) of En tv. I lvlduaJ(s), PartnefS or CorlJOfation 9) Doing BU$iI'Ie:$sAs (If same 3S line A, leave blan~
1~130 c.~ D",v-e.. ,,~Y1h.llAjal1i
51 etAl:ldress (P_O, Box Nvmllel Is nol pell'nitted) Cil)'
1_ MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT
(Sec. 2·8.1 01 the MiamI-Dade County Coda)
__ ft-_ __ llSE___ '"7" J '-i '3
stale N.SA) Counliy 2ip Code
Firms seglstered to db bUsiness with Mraml~Dade COUllly. Sh~" require the person contracting" or traosacling such busiJless with
lhe county to disclose under oath his or her fujI legal name, and business address. SOcn contract (Jr Iransaction shall also require
the discrosure under oalh of the full legaf name ~nd business address of elllndivlduaJs having any inl~st, (!~a-I. eqoitable,
beneficial or otherwise) in Ihe contract other than 5ubcontfactors. materIalmen; suppliers, laborers 01 leiu{eh3. Post office box
addresses shall not be accepted hereunder. I(the contract or busJllesS transaction is. wilh a corporation tIle foregoing informalion
shall be provided for each offl..er and director and each stockhOlder hOlding, dire[;/ly or Indirectly, five (5) percent or mora of ttl e
outslandlng slock In the corporalio,n. Ir the: contract Or buslnass transaction is with a p<innershlp. the foregoing Informalion shall
be provfc!ed for each paflner. If the contract or buslrless IransactiOfl is wilh a trust, the foregoing Information shat! be pfI)vided for
the trustee .lnd each beneficIary of tho trust. The foregoing disclosure requirements shall not apply to contracts with publicly.
traded co~or-ations. or to contracts with the United States or allY deP-CIrtment or agency thereof, the State or allY polilica:1
subdivision or 3gene.y thereof. Of any. munlcJpalUy of thb State. U:se duplicate page if needed-for additional names,
,
If no officer, dlrecfor orstockholder owns (5%) or more of stock, please write "None" below.
~ TITLE
.
IJ'.
FULL LEGAL NAME TITLE ADDRESS M F ~ i~ ~. 1 ~"
It Ii --d "~ ro" ~3
.
. .
1/1· . , 011 •• IIrm I, ownB' by. publicly I '. indicate below i. ", •• pac.·
, -.
-, . -
Paso 1 019 CO/421~1413
~
\
HIA.Hf~ ~I~iiiiii' PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
2. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT
(Counly Ordinance No. 90-133, 8mending Secti0ll2.B-1 (d) (2) 01 ih9 Miam;.[)ade County Code)
The following infonTIOilion Is for c;ompliancewith all items In Ihe aforementioned Section:
1. Does y<lu, firm have a collective bargaining agreemont with lis cmpklyee$1 Yes No
2. Docs your firm provide paid health care benefits for its employees? v,. No
3, provide a current breakdown (tlUmbB( of persons) In your firm's work force indicating rsce, national origin 8tld gender.
-NUMBER OF EMPLOYEES
Males
While ----Black --Hispanic
Asian 1 Pacific Islander -.
NatlveAIMrlcan I Alaskan Native
Olner
Total Number of Employees
3. MIAMI·VADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT
(Section 2-8. 1.2(b) of the MiamivDado CoUfity Coda)
FemalAs
.1-.-----
------
--
------
Total Employees
I
An-persons and entities that contract with Miamt--Oade County'are required to certify that theywm maintai[J a drug-free wOlkpl~ce
~nd such pe'rsons and 6l1UUes.are required to prov1c1e notice 10 employees. and Impose $andlons for drug viola1lons (lccurri(1g in
the workplace.
In compliance with Oldillance No. 92 .. 15 of the Code of MIami-Dade County. the above named firm is providing a drug-flee
workplace. A writton staleI'M"t to each employee shall Info/lll the employee about:
1. Oan,gor of drug abuse in the workplace
2. The fil11l's policy of maintaining a drug·free envj(orlment at all work places
3. Availability of drug CQunsellng. rehabilitation and employee assistal1ce programs
4. Penalties thai may be imposed ~pon employees for drug abuse viQlations
The firm shall also require an employe" ta sign 8 slatemenl, as a condition (If employment thilt the employee will abide by the
terms of the drug.iree wotkplace policy and notify the employer of any criminal drtlg convictiDn occurring no later than five (5)
days ane( receivins notice Df such convictir>n and Impose appropriate personnel action against the employee up to and including
termination. Firms may also comply wilh 1he County's Drug Free Workplace CeI1:ification where a person or entity is reqt!ired to
have a dlUg-free wOrkplace policy by another local, state Of' federal agency, or maintains such a policy of lis own accord and such
policy meets the intent of this OrdPlanCH.
4. MIAM~DADE COUNTY DISABILITY AND NON·DISCRIMINAnON AFFIOAVIT
(Allir:l91, S&ctwn 2-8.1.5 ResoJliJon R-182-00 Amending R-385-9S 01 the Miami-Dade Counly Code)
Firms transadlng business with MiamI-bade County shell provklo an affidavit Indicating compllance with all requirements of tile
Americshs witll OlsOJbilttl9lJ Ad (A.DA).
I, stateihat this firm, is in compliance with and agrees to continue to comply with, end assure that any $ubconttactor, or third party
contractor shall comply wilh all applicable requirements of the laws Inl;!udh)g, but not Hmtted 10. those provisions pertaining to
employment. provision of programs anel servfce$, transportation, communications •. access to facilities, renovations, and new
cons.tr~ction.
Tho AmMoan wnh Dlsabllhles Acto! !990 (A.D.A.), Pub. l. 1 01-336, 104 stat 327, 42 U.S.C. Sections 225 and 611
Includln9Tiles I,II,III,IV and V. .
The Rehabilitation Ad of 1973, 29 U.S.C. Section 794
The Federal Transil Ad.. as amended, 49 U.S.C. Sedion 1612
The F~lr HOUSing Act as amended. 42 U.S.C. Sec1ion 3601:3631
Pago 2 of 9 CD142131413
HIAHfil Z~ PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCO)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
J herebyaftitm tha.t t"am in cornoliance 'With the below sections;
Section 2-t0.4(4}(a) of the Code of Miami-Dade COUt1fy (Ordinance No, 82.37), whicll requires that al[ p(opedy licensed
architectural. engineering, landscape architectural, and land surveyo~ have an affirmative action plan on fife with Miami-Dade
County
Section 2-8.1,5 of the Code of MiBml-Dade County. which reqUJfes that fiuns thai have <JIlIJlJS/ f}foss It?venues in exCfiS:S of live
(5) mlJlion dol/ars have an 8/firm8Jjve ar;lion pfBn and procurement policy on file with Miami-Dade Counly. Firms that have a
Board of DlnJClors that are representative of the population make'lIp of the nation may be exampt.
$. MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Section 10.38 of tne Miami-Dade County Cede)
Flims wishing to do business with Miami-Daae County musl certify that iI's cOntractors, 6ubcont~or5. officers. principals,
stockholders. or affiliates are not debimed by fhe County before sLbmiUing a bid.
I; confirm that none of this Hnn.s agenls., officers. principals. stockholders, subcontractors or their affilia·tes are debarred by Miami-
Dade County.
6. MIAMI·DADE COUNTY AFFIDAVIT RS-ATING TO INDIVIDUALS AND ENTITIESA7TESTING BEING CURRENT IN THEIR
OBUGATIONS TO MIAMI-DADE COUNTY
(Ordinance 99w 162, Bme'nding Section 2-8.1; Oltiinancil 00-30. amending Section 2-8.1 (e), and Ordinanr;;e 00-67, amending 2--8. 1
(n), of the Miami-Dam; County Code) ;
Firms· wishing to b'ansad business with Miaml-Dade County must certify that a~ deijnqucnt and currelltly due fees, taxes and
parking tickets have been 'paid and no Individual or enuty in arrears in any p8)'ment under a contract, promissory note or other
document with 1he County shall be al~ed to receive any new bUsiness.
I, confltm that all delinquent and currently due fees or taxes Including, but not timiled to, real and pel"$onal properly taxes,
COfIvention and louris. development taxes. utility laxes, and Local Business Tax: Receipt coMeded in tho normal course by the
Miami-Dade CQunly Tax Colleclor and County issued parking tickets for vehlctes registered In the I\ame of the above firm, have
been paid.
7, MIAMI-DADE COUNTY CODE OF BUSINf'.SS f'.THrCS AFFrDA V/T
(Artlcie 1, Section 2-8.1(1) Ortl/e .Mfaml-Dade County Code through (6) and (9) 01 tbf! County Code and County OtrJln8nc8 No 00-f
amending Section 2-f1.1(c) of the County Code)
FJfOlS wishing to transact business with Mlaml-Oade County must certify that if has adopted a Code thaI complies wlU! the
requirements of Section :z.a.1 of the County Code. The Code of BUsiness Ethics shall apply to all business that the ccmtractor
does with the County and shaJl,·at a minimum: require the contractor 10 comply Ylith -all applicable ,governmental rules and
regulations.
I cOnfinn that this firm has adopted a Cod'o of bUSiness ethics which compiles with the reqIJiremenls of Sections 2-8.1 of the
County Code, and Ihal such code of bu~ness ethics shall apply (0 all busines:,!-that this finn does with the County and shall, at a
minimum·, require the contractor to comply Wijh all applid1bJo governmental ruJes and reg~I.at!ons.
6. MIAMI-DADE COUNTY FAMrL Y LEAVE AFFtrJAViT
(Artfcle Vot Chapter 11. oflhe MiamI-Dade County Code)
Anns contracting busln&ss wilh MiamI-Dade County, Which have mOle lllan My (50) ~mployees for each working day during
each of .twenty (20) or mor~ work weeks In the current or preceding calendar year, are required fa certify that they provide family
leave to their employees.
Firms with less than the number of employees fndicated above are exempt from this requlrement. but must indicate by letter
(signed by an authorized agent) t~at Rdoes not have the minimum number of employees requfred by the County Code.
I confirm that If applicabfe, this fJJlll· complies with Article V or Chapter 11 of the County Code, vtlictl requlres that firms
CClntractlng· bi.!:slness with Mfamt.lJade County which have more thall fifty (50) employees for each working day during each of
twenty (20) or more work weeks in the current or preceding caJendar year are requirel1"to certify that t~ey provide f~mlly leava to
Page 3 019 CDI.42r31413
"
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
their cmployee§_
9. MIAMI-DADE: COUNTY LIVING WAGE AFFIDAVIT
(Section 2-8.9 of the of II Ie Miami-Dade County OJde)
A~ applicable conlractors entering into a conlract with the County shan agree 10 pay Ihe preV'aiJing ~vin9 wage requlled by thi.s
S<!c;tioll of Ihe County Coder.
I con(!ID1 that if applicable, this firm complies with Section 2-6.9 of the County Code. which requires that all "-pplicable employels
enterin9 a contract with Miami-Dade Counl)! shall pay the prevailing li..,iog wage (equired by jhe section of Ihe County Code.
10. MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTINGAFFIDAVJT
(Article 8, Section 11A..sO -f IA-fi7 01 tho of the Miami·Dade COl1nty Code)
Films wishIng to transact business with Miami-Dade County must certify Inat it is in compliance with !he Domestic LeClve
Ordi(lance.
1 confirm that if applicable, this firm compiles with the Oomesl!c Leave Oldlnance. This ordinance applies to emplayel1l thai have,
in the regular course of business, rlfty (50) or more employees working in Miami-Dade County for each working day during the
current or pre(;~ing calendar year.
11. MIAMI·DADE COUNTY CRIMINAL RECORO AFFIDAVIT
(SecUon 2-8.6 of the Mislni·Oade County Coae)
The Individual or eoUty enlering into a contract or receiving funding from the County __ nas '~as not as of the dale-of
this affidavit been convlcled of a felony during 1M past len (10) years. ./
An officer, directol, or executive of the enlily enlering inlo a con~racl. Of receiving funding from the county _' __ has _.,/_ h has
not as of this dale been convicted of a felollY during the past ten (10) years. .."
----
(Signature)
Sworn to and subscribed before me this _-,-c2_" _1_ day of _.!C0_t"_/L-,!j4tF'-''-'-'' ____ , 20 / 3~
Personally known._/ __ "" __________________ ~;;_---._
Or produced identification __________ Notary PUblic-State of %~0
{J d 1e;,.;J!!y /' __ =_-:"""-:'""""-;-;--; __________ My commission expires
(Type of identification)
Wfl\/.Ll;oJ\C\A, '1 t{ ~J9
M'I OOMMISS\(\"I1 i fF~m::;t-\\-:-tY-pe-d"Co.:." r-."Cta-m-p-'e-'d-co-m-m-'-is~sio":.-e~d-.-'m"-e -of'".-o"Cta-ry-pu'b"lic")--
EXPIRES: OC'"'' 16,
I}ondM Thtu ~k;W'I p~tI'i: uooer'll'llt"
Page 4 019 COi42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCO)
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 OATI·IS ..
1. -This form statement is submitted to _tl1LC.L.<C1 tx=',-,I1l.1I_' -'"'. ""OlL-"C;"';i."""l'---'--==-:.!.4-cJ1-______ _
b~_ JIM)] f. /I d
for_JJ~4-Af~~~~~~·~~~-·cl1>~·~~~~~~-----~--~----.-------
(Print name of entity submitting sworn statement)
whosebusinessaddressis 10/3 0 (lU1l{j-O",vt t-/!i"-Ct/YI" PL 331 '-15
and if applicable its Federal Employer Identification Number (FEtN) is SI_~b'l'3J, If the entity
has no FEIN, include the Social Security Number of the individual signing this SWorn statement.
2,-I understand that a "public erlity crime" as defined In paragraph 287,133 (1.) (g), Florida StatUies, means a
violation of any state or federal law by a person with respect la, 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 selVices to be provided to publi, entity or
agency or political subdivision of any other state or of the United States and inVolving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, 'or material misinterpretation. '
3.-I understand that "convicted" or "COI1viction' as defined in Paragraph 287,133 (l)(b), Florida Statutes, means
a finding of guilt or a conviction of a public ehtity crime, with or without an adjudication of guilt, iri a federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of ajury verdict, non-jury Irial, or entry of a plea of guilty or nolo contendere,
4,· I under~tand that an 'Affiliate' as defined In paraQraph 287,133 (1)(a), Florida Statutes mean,s:
a) A predecessor or successor 01 a person convicted of a public entity crime or; .
b) An entity under the control of any natural person who is active in trye management of the enmy 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 pen;on who has been convicted of a public
entity crime in Florida during the preceding 36 moths shall be considered an affiliate,
5.-I understand that a 'person" as defined In paragraph 287,133 (1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States within the legal power 10 enter
into a binding contract and which, bids or applies to bid on contracts for the provision of goods or entily. The
term "person" includes those Officers, executives, partners, shareholders, employees, members, and agents
who are active in management of ,10 entity, .
Page 50r9 COf4Zf31413
i1lAH}.D
!0"lm PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
6·.-Based on information and belief. the statement which I have marked below is true_ in relation to the entity
submitting this sworn statement. (Please indicate which statement applies)
/ Neilher lhe entity sUbmitting sworn statement, nor (Jny of its officers, directors, executives, partners,
sYaretWlders. employees, members, or agents who are active in the management of the entity, nor ariy affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives. partners,
shareholders, employees, members, or agents who are active in the management of the enfily, or an affiliate of
the entily, or an affiliate of the entity had been charged wilh, and convicted of a public entity crime subsequent
to July 1,1989, AND (please indicate which additional statement applies).
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partryers.
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a
Hearing Officer of Ihe State of Florida, Division of Administrative Nearings and Ihe Final Order entered by the
Hearing Officer determined that it was 1101 in the public interest to place the enlity submitting Ihis sworn
statement on the convicted vendor list. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED,
I ALSO UNDERSTAND·THAT I AM REQUIRED TO INFORM THAT PUBLIC ENnTY PRIOR TO ENTRING
INTO A CONTRACT IN EXCESS OF THE. THRESHOLD AMOUNT PROVIDED IN SECTION 287.017
FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN E1I'lFORMATION CONTAINED IN
TillS FORM.
(Signature)
,..-/ ~··I. ci . ../J. / .:;-Sworn to and subscribed before me Ihis day of __ '_~_I-"'-.:=--___ " 20 __ . .
. Personally koown_.../' __ ·· -----------------zcc----:--;:--
Or produced identification __________ Notary Public-State of "'9-tI",dOLJ
----O;:---;c;'T-,,;c-;;c--;---------My commission expires te/]?/?, ~9
(Type of identilicatlon)
Page6of9 CD/42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
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
CDBG Commercial Loan Project
U.S.HUD Section 108 Loan
Other HUD Funded Programs
Other (liens, fines, loans, occupational licenses, etc.)
.If YES. please explain:
YES
2.-Do you have any past due financial obligations with Miami-Dade County?
YES ____ ~ NO/'
If YES, please explain:
3.-Are you a relative of or do you have any business or financial interests wilh any elecled Miami-Dade County
offICial, Miami-Dade County Employee, or Member of Miami-Dade County's Advisory Boards?
~ NOJ .
If YES, please explain:
Any Jalse Infom1ation provide~d",o!!U'~~fdavit will be reason for rejection and disqualification of your project..funding request to Miami-Dade'
County .
The answers to t s are cOHectlystated to the best of my knowledge at'Id belief.
By: -::::~~~;J;COnil--fApplicant)
Sworn to and subscribed before me this vi day a! ,20/..5 .. --~------'
Personally known,_"-/ ___ " _________________ ---,---;-.,---__ --:;--
Or produced identification __________ Notary Public-State of ~--.-L:..f.:~~~='
__ =_--;-====,, ________ -,-My commission expires -'iJ ___ --'-'----'---"
(Type of identification) If
~_ \(.. :J
~~~~~~, ti~c~_Nn~ ~ lIJIII ~ d:\ Iff""' .. 1;,dk::;7:~=~~~:;_;=_3_::=====:c_-.. ~~T~~~. ~'( CO't~'ll\~~\~l \6. ~~( ed, typed or stamped commissioned name of notary public)
iif)k' A . ~~t'If\.C$.~~.; •• ~""~u~"~~: -to: :: 1;:. W/\\ tl')Wi \;t ..... ·tt '"~~;.---age 7 of 9 ·ft,m,l'i' _.--' .
CD142131413
111AMI!!t
~1 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
. ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
COLLUSION AFFIDA VIT
(Code of Miami-Dade County Section 2-8.1.1 and 10-33.1J (Ordinance No. 08·113J
BEFORE ME, A NOTARY PUBLIC, personally appeared .St~ll AL".rJUWhO being duly
SWOIn slales: (insert name of affiant)
I am over 18 years of age, have personal knowledge of the facts stated in Ihis affidavit and I am
an owner, officer, director, principal sharellolder andlor I am olherwise authorized to bind the bidder Of
this contract.
I s,te that tile bidder o! Ihis conlract:
.t1 is nol relaled 10 any· of Ihe olher parties bidding in the competitive soliCitation, and that the
t:ontraclor's proposal is genuine and not sham or collusive or made In the interest or on behalf of
any person not therein named, and that Ihe contractor has not, directly or indirectly, induced or
solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to
refrain from propOSing, and that the proposer has not in any manner sought by collusion to secure
to the proposer an advantage over any other proposer.
OR o is related to the following parties who bid in the solicitation whic~ are identified and lisled below:
Note: A~y person or entity that'fails to submit this executed affidavit shail be ineligible for contract
award.i1i the event a recommended conlracloridenUnes related parties in.the competitive solicitalion ils
bid shalt be presumed to be collusive and the recommended contractor Shalt be Ineligible for award
unless thai presumption is rebulled by presentation of evidence as 10 the extent of ownership, control
and management of such related parties In the preparalion and submiltal of such bids or proposals.
Related parties shail mean bidders or proposers or the prinCipals, corporate officers, and managers
thereof which have· a direct or indirect ownership interest in ·another bidder or proposer for !he same
agreement or in which a parenl.company or the principals thereof of one (1) bidder or proposer have a
direct or indirect ow p Interest In another bidder or proposer for the same agreement. Bids or
proposals found e·coilusi e shail be rejected.
By:
Signalure of Affiant
~! ~I 20 1 :r
. Dale
. ':LlL-.ill!L!!li od..J3 ,u
Printed Name afAffiant and Title Federal Employer Identification Number
(} '7 6>( ~ I-L( ~~d Name of Firm
I Address of Firm
Page 8 of9 CD142131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHeD)
ATTACHMENT E
AFFIDAVITS
. Uniform Affidav its /J
SUBSCRIBED AND SWORN TO (or affirmed) before me this";)/ _ day of ~oL .:;;,.~ . .
He/She is perzonally known t~2r has presenled
"-JdentificaUon. ----_. __ ... _. ---
Page 9 of 9
. ___ .",_~~=--.". ____ as
. Type of identification
/J prial Number 1
U/ . a;: ~L
i Expiration Date
Notary Seal
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUIHY TAXES,
FEES AND PAR'KING TICKETS HAVE BEEN PAID
(Section 2-8.1 (e) ()f Ihe Code of Miami-Dade County, as amended by Ordinance No, 00-30)
and
THAT DEVELOPER (S NOT IN ARREARS TO THE COUNTY
(Section 2-6.1 (h) of the Code of Miami-Dade County, as amended by Ordinance No,OO-G7)
I, SbJen.J: ll&"-,ldu' , being firsl duly sworn, hereby slate and certify that the
foregOing statements are true and correct:
I, Thai I am Ihe Developer (if the Developer is an individuat), or the c..h, ~t.Il"~i-"k(fill in the tille of
the pas ilion held with the Developer) of Ihe Developer. 'f.IL~
2. ThaI the Developer has paid all delinquent and currently due fees or laxes (including bul nollimited. to,
real and personal property taxe" utiiity taxes, and occupatiollallaxes) collected in Ihe normal courSe by
Ihe Miami-Dade Counly Tax Gollectar, and County issued parking liekels for vehicles regislered in the
name of the above developer. have been paid.
3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final
non-appeasable judgment, or lien with Miami-Dade County, or any of its agencies or instrumentalities,
including Ihe Public Health Trust, either directly or indirectly through a firm, corporation, partnership or
joint venture in which the Devel6p~r has a conlrolling financial interest. For purposes hereof, the term
"enforcement threshold" means any arrearage under any individual contract, non-appeal able judgment,
or lien with Miami-Dade Counly Ihat exceeds $25,000 and has been d<llinquent for greater than 180
days, For ~ , ere of, Ihe term "conlrolling financial interest" meanS ownership, direclly or
indirec, len percent or more of Ihe o~lslanding capital slack in any corporalion. of a direct or
in . ct interest of te ent or more in a firm, partnership, or other business entity_
By: tl.~d~! ,20 !..?i
i9 ature of Affiant Date' ,
ilJ.~~~'.J.D~~~?frtt./fl{.tUt.~ .5/11 t. It) It) I C!.J !f3t1 J -.l _I '
Printed Name of Affiant nd Till Federal Employer Identificatioh Number
{!(/~ ~{r:fJ..'A Mia-.';
I r '. , Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me thiS';;! day of t2~ ,20...l.J-:-
By -51&1 Iltpu</r .. .tLeisheis ~_~ally known 10 me or has presented
___ ~_-:;: __ -::;==;;;::::-;;-:c:-___ as identification.
Print or Stamp Name of Notary ,
Notary Public-State of ~'
/J . Serial Number
r2 if 4~ dJ/ 'J
. Expirationoate .
Notary Seal
Miomi-Dade County
Contrador Due Piligence Affidavit
Per Mi3mi-Dade County Board of CoU~Jty Commissioners (Board) Resolution No. R-63-14. eounly Vendors and Conffacto~s shaH disclose the (ollov-.ing
as a condiflOn of award for ,my conlIact Ihal exceoos one million do"ars ($1,ODD,OOO) or thaI otheIWise must be presented fa Ihe B()21d for apptoval:
(1) Provide a Jist of alllawsUils in the five. (5) yeaIs prior 10 bid or propos~l submittallhal have been filed against fM lilm, ils diredDfs, p;lftners,
principals and/or board members based on a breach of COIJ!ract by the. flrm; include the case name, number and disjXlsilioJ1;
{2) Pf()\lide·a list 01 any instances in the five (5) yeats pdor If) bid 01 proposal submittal where fhe firm. has defaulted; include a brief descrfplicm of
the circumstances;
(3) Plovide a (1St of any inslancesln Ihe live (5) I~'IS prior 10 bid or ploposalsubmillal wnero the firm has beon deb:lIJed or IOcoived a romal
notice of non .. ~npJiallce or non-performance, such as a notice 10 cure or a .suspef'lsiol) from participating or bidding fOJ c{)I1lracts, whethe(
retaled 10 MIami-Dade County or nol.
AJI ·ot the above Inrormation shall be aUached 10 the executed affidilvil and submiHed to the ProculCmenl Contrading Officer {peD)1 AE Selection
Coordinalorover5eeing this soUcilaUon. The VendorlConlraclor allesls 10 provi61ng all or the aboveioformalion, If appllcabJa, 10 the peO.
Federal Employer
Contract :-lo. : ______ . _______ . __ IdeRtilicaticf} Number (FEIN):
Contract TItle: SIAl !P!i!' srr.ut=-___ _ --------~~~-----
Signalure of Affiant
Dale
ZlpCod.
,:
Nolaty Public-Slale of
Sub~cribed and.sworn to (or affirmed) before me Ihls
by
JypeD! Identilicaliro produced
Signalora of to')' Public
vUlVl? ;)~/YJ.
Prinl 01 Slamp ol Nolaf)' Pu~lc
-'-'-" '.'" '" ...... -----------._-_ ....... _ ..... _ ... _--
'i.
MIAMI·?i ffi1.1.lffi1
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
ETHICS DISCLOSURE STATEMENT FOR ALL PHCO PROGRAMS
Applicant: City of South Miami Mailing 6130 Sunset Drive, South Miami, FL
CO-Applicant: N/A ~::~:~ 331~ ____ .
E-mail Address: jkorth@southmiamifl.gov Telephone: 305-668-2514
The Miami-Dade County Conflict of Interest and Code of Ethics at Sec. 2-11.1 (c)(5)(5) allows County Employees aOO theif
Immediate family members to apply for direct housing assistance programs from the County's Public Housing and Communily
Development department (PHeO) if they meet certain conditions and if the following criteria are met. Check if any of the
following applies to you:
1. Please mark the PHCO Program you a"re applying {or;
0 Section B Housing Choice Voucher (HCV)
0 Project-Based Voucher (PBV)
0 Veterans Affair Supportive Voucher (VASH)
0 Moderate Rehabilrtation
0 Subsfantial Rehabilitation
0 Shelter Plus Care (S+C)
0
0
n
0
0
0
PLJb~c HOUSing Rental
Tenant-Based Rental Assistance (TBRA-maximum 2 years)
Home-ownersh'rp Program (Second Mortgages)
Home¥owner Rehabilitation Program
Home-owner Beautification Progfam
Olher (please lisl)· .c:'?~.~_. ____ . ____ ._ ....... _
2. Mark. the type of participation you are seeking for the program marked above:
o Owner/Landlord o Housing Assistance Applicant
-----.--.-.---------------~-.-.... --------..
3. 0
4. 0
l/we do not currently work for Miami~Dade County_
J/we amfare a 5cl1001 Board or Federal Employee. These ,empfoyees S!1U1!licovered under Section 2-11,1 Df
the Miami-Dade County Conflict of Interest and Code of Ethics OrdinancfJ.
IF YOU MARKED BOXES 3 OR 4, NO FURTHER ACTION IS NEEDED. THE PHCD REPRESENTATIVE MUST PLACE
THIS FORM IN APPLICANT'S FILE.
5. 0
6. 0
7. 0
llwe am/are a Miami-Dade County Employee (incfudillg Jackson Public Health Trust Employees),
Please provide the department and division you are working for:
I/We amfare an appointf;!d or elected County Offjclal.
l{we am/are -immediate ramHy to a Mhimi·Oade County employee, appointed or elected official.
(~)/mmediate famify;s defined as spous.e, domestic partner, parents, stepparents, children and stepchildren.
Please provide the following information regarding the Miamr~Dade County employee, appointed or elected
officiar:
Name of employee, appointed
or elected official:
Department, Division, or
Board:
IF YOU MARKED BOXES 5, or 7, THE APPLICANT MUST OBTAIN THE REQUEST FOR OPINION APPLICATION AT
Signature of
Applicant:
Date:
~r!.~l!l!~2 .. THE APPLICATION MUST BE FULLY COMPLETED AND
Signature of
Co·Applicant: ;vlll
Warning: TItle 18. US Code Section 1001. slates that a person who knowingly and willingly makes false or fraudulent statements 10 any
Department ot Agency of the Unl1ed Slales is guilty of a felony. Slate law may also provide penalties for false or fraudulent statements,
AtC/AM/CNCDI1J62414N4
August 20, 2015
(?~ South~iami
THE CITY OF f'LfASANT LIVING
DISCLOSURE ABOUT RELATED PARTfES
THERE ARE NO BOARD MEMBERS OF TI-IE CITY OF SOUTH MIAMI WHO HAVE ANY
RELATIONSHIP PR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT
MIGHT RESULT IN A CONFLICT WITH THE CITY OF SOUTI-I MIAMI OPERATIONS.
City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093
305.663.6338 I southmiamifl.gov
i
I r
CERTIFICATION REGARDING LOBBYING
Certification for Co'n1racts, Grants, Loans and Coopcr;,tive Agreements
111~ lmdersigned certifies, to the best of his or her knowledge and.belief) that:
I. ,No Federal appropriated funds have been paid or will be paid, by or on behalf of the
.undersigned. to any Ijerson for influencing or attempting to iIifluenee an officer or
employee of an agericy, a Member of Congress, an officer or employee of Congress,
or an employee of n Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, Ihe making of !l"Y Federal 10"",
the entering into of any cooperative agreement, and. the ext~nsiol1. continuation,
renewal, amenrullent, 01' mod,ification of (mY Federal contrac1, grant, loan~ or
cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or ~ltetnpting to .influencc an officer or·employee
. of any agency, a Member of Congress, an officer or employee of Congress, Or 'Ul
employee of a Member of Congress in CODncction with this Fedeml contract, grant,
loan, or cooperalive agreement, the Wldersigned shall complete and submit Standard
FOIDl LLL, "Disclosure Form to .Report Lobbying," ill accorda.'lce with its
instructions.
3. The underoigned ·shall require tltat the lanfluage of this certification be included in
the award documents for all.subawards at aU tierS (including subcontracts. subgrants,
ru.d.contracts under grants,loans, a~ cooperati~e· "w.emen! in excess of $1 00,000) .
. . 'and that aU subrecipients shan certify a.!1<I disclose accordingly.
. 4. This certification is a matelial representation offaet upon which reliance was placed
. when tills trarisaction was made or entered into. Submission of ibis certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. CQde. Any person wbo fails to file the required certification shan be
SUbject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure. ~
By: ~ ~
(SIg,.aturt"of AUlhoriurl Re{lrUtllfftllVI!) "" I
Print: (8 Cpf\dtr
Title:
.. (1'I'jnlli~mt of Rrol Qnd Aul Griud Repn:5(I'lalive}
fJdyJI/IJICLg&' . _____ _
Date:
County Construction Sign
(Only areas circled are subject to change)
bJ GOB a NON GOB
4' x 8' Construction Signs
[] In Ground
[] A-Frame 1 Sided a A-Frame 2 Sided
Email this form to:
Brian Williams: brianw@miamidade.gov
and Hernan Lopez: lopezh@miamidade.gov
c..rIos A. G~'"
M''''
~nMOnH~""
Chalmliln
,..-..., ....... .1,.
~Chaffl>iul
Sign is 4' X 8' with 12' post
Place check mark in box after
Once location has been marked
. submit .ignage reque.tform
:t..TTAGIlMENT F
Services Ticket
J
Quantity required C------]
Project Manager
Name: _____________ _
Department: ___________ _
Address: ____________ _
Phone Num.ber:
Index code
C
Project Name
District Commissioner
Check if ARRA Funded [J Yes [J No
Must indicate Federal Department and I or
State Department if applicable
Other Source
ForGOS Projects only
Sign location address
Plus specific location of sign placement
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHeD)
ATTACHMENT G
l ____ ._. __ ..
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, Ihe Developer submits the (allowing
detailed statement of its policies and procedures of awarding subcontracts:
I hereby cermy that the foregoing information is ~~""' __ _
::::ald~~::;;entative: • . Date: __________ _
Firm Name: §{ ,;;Z0 !d~ CL-w-. Fed. ID No: 57-1"IJ(}t;</~ /
Addre.ss: (p 130 J;:w ,SeT & ./ ~-:
City; !C ca.;;""" . Slate; PL Zip COde:~?P=-J/,--VJ..:::..3 ~ __ _
Telephone: a'P)&U& j1 -01 51 () Fax: (-> __ ~ ___ _
CDi39131313
(~(\ South~Miami
PURCHASING POLICY
The purchasing policy is in accordance with City of South Miami Charter Article III. Section 5
(Power and Duties) and Florida Statute Chapter 287.
Purchases less than $5.000.00. Purch.ses 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 competitive 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 requlrements.of this subsection. 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 governmental 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 exceed
$25,000,00. may be made or entered into by the City Manager with submittal to the City
Commission and without competitive bidding. bot shaJl 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 contr.ct which was part of an acceptable competitive
bid process
City Commission approval
Purdlases in excess of $25,000.00. Purchases in excess of $25.000,00 shall be in compliance with
the competitive bidding requirements. Purch.ses in excess of $25,000.00 reqUire:
-Competitive bid process unless piggybacking off an existing governmental contract
which was part of an acceptable competitive 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 Dry CommGslon .in rr 2015 may be adopting Q I'urdJOS\tlr Ordinance ~ will supersede-the Purdlos/ng Policy. within rhe F(
201 S Budget OoClHneflt
CITY OF SOUTH MIAMI BUDGET FY 2014·2015 20
, ,
•
AJTACHM.eNT Ii
PUBliC HOUSING ANQ COMMUNITY MVELOPMENT{PHCD)
SUEICONr:'5~(~T~?:~~I:')PPLiER LIST!N~
Firm Name 01. Ptlm~ ContraclorIDeveloper_,"",'--f-',-,--==-,,-"~lLL;.;·.;~"_"""""-'_·-=·o ___ ,""~,, __ ", •• _
IcS/lily J~al1ha r~presanl~t!QnS ~Qnlalrlesl in tl:!lsSubconlraclorISuppll~r Listing are to thebesl of my knOwledge
lIue and ru;:curale. tI!!t. Slgnlitor!>eVeloper(s)
Date Au
(OMP1!cale;r ~ddlilQrial $pace Is needed)
Page 1011
.aprasentallva
CD1531314131\1