13THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
The Honorable Mayor & Members of the City Commission
February 16, 2016 Agenda Item No.:13
Steven Alexander, City Manager
A Resolution authorizing the City Manager to execute Amendment
One to the agreement for the SW 64th Street, between SW 57th
Avenue and 62nd Avenue (Bike Lanes) project with Miami-Dade
County.
On October 6, 2015, the City of South Miami executed the grant
agreement for the SW 64th Street Bike Lane and Street Improvements
(Project) under the Community Development Block Grant (CDBG)
Program from Miami-Dade County, Public Housing and Community
Development (PHCD) in a total amount of $336,000 with a contract
expiration date of September 30, 2017. The Agreement requires
matched funding in the amount of $84,000 from the City of South
Miami. People's Transportation Plan (PTP) funds have been
allocated to cover these match requirements.
The project scope of work involves street improvements to install and
improve buffered bike lanes, including drainage renovations,
landscaping, signage, pavement markings and resurfacing along SW
64th Street between SW 57th Avenue and 62nd Avenue.
Amendment One to the agreement provides additional funding for the
SW 64th Street, between SW 57th Avenue and 62nd Avenue (Bike
Lanes) project in the amount of $18,916, increasing total funding from
$336,000 to $354,916.
The proposed Project is part of a continuing effort to enhance the
transportation system and mobility choices for the residents and
visitors to the City of South Miami. This Project was identified in the
South Miami Intermodal Transportation Plan (SMITP) completed in
early 2015 with a focus on pedestrian safety and mobility. The Project
includes buffered bike lanes, drainage renovations, landscaping,
signage, pavement marking and resurfacing along SW 64th Street
between SW 57th and 62nd Avenue. A main priority of this Project is
to provide a safer environment for pedestrians, cyclists, and residents
by through infrastructure improvements.
THE CITI( OF PLEASANT LIVING
GRANT PERIOD:
AMOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The grant period begins on October 1, 2015 and ends on September
30,2017.
$18,916
Grant Contract Amendment One
Resolution 153-15-14492 (Contract)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
RESOLUTION NO.: ____ _
A Resolution authorizing the City Manager to execute Amendment One to the
agreement for the SW 64th Street, between SW 57th Avenue and 62nd Avenue (Bike
Lanes) project with Miami-Dade County.
WHEREAS, the City of South Miami was awarded a grant for the SW 64th Street, between SW
57th Avenue and 62nd Avenue (Bike Lanes) project from Miami-Dade County's Department of Public
Housing and Conununity Development in the amount of $336,000 with a contract expiration date of
September 30,2017; and
WHEREAS, Amendment One to the agreement provides additional funding for the SW 64th
Street, between SW 57th Avenue and 62nd Avenue (Bike Lanes) project in the amount of$18,916; and
WHEREAS, the Mayor and City Conunission authorize the City Manager to execute Amendment
One to the agreement with Miami-Dade County's Department of Public Housing and Conununity
Development to increase funding from $336,000 to $354,916 for the SW 64th Street, between SW 57th
Avenue and 62nd Avenue (Bike Lanes) project.
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 Amendment One to the grant
agreement with Miami-Dade County's Department of Public Housing and Conununity Development to
accept additional funding in the amount of$18,916 for the SW 64th Street, between SW 57th Avenue and
62nd Avenue (Bike Lanes) project.
Section 2. This resolution shall take effect inunediately upon adoption hereof.
PASSED AND ADOPTED this __ day of _____ ,' 2016.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
CITY ATTORNEY
APPROVED:
MAYOR
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
Resolution Number #R-579-15 and R-925-15
Duns Number #024628976
Award Amount $354.916.00
COBG 2015
Municipality
AMENDMENT ONE TO THE
FY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Amendment amends the FY 2015 Community Development Block Grant Contract between
Miami-Dade County, a political subdivision of the State of Florida, hereinafter referred to as the
"County", and the City of South Miami, hereinafter referred to as the "Awardee", executed on
December 8th , 2015, (the "Contract" or" Agreemenf) is amended as follows:
1. Page 28,. Section III The County Agrees, is amended to read as follow:
Subject to the availability of funds, to pay for contracted Activities according to the terms and
conditions contained within this Agreement in an amount not to exceed $354,916.00.
2. Attachment A of the Contract is replaced in its entirety and is hereby amended by
Attachment A, which is attached hereto and incorporated by reference.
3. Attachment B of the Contract is replaced in its entirety and is hereby amended by
Attachment B, which is attached hereto and incorporated by reference.
The Parties ratify and adopt all the provisions, duties and obligations of the Contract as if fully
set forth herein.
This Amendment and all its attachments are hereby made a part of the Contract.
Except for any changes enumerated above, all provisions of the contract shall remain in full
force and effect.
Pag.e 1 of2
Resolution Number#R-579-"lS and R-925-15
Duns Number #024628976
Award Amount $354,916.00
COBG 2015
Municipality
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized, this day of 2016.
AWARDEE:
CITY OF SOUTH MIAMI
BY:
NAME: ____________________ _
TITLE: City Manager
DATE:
BY:
NAME: __________________ __
TITLE:
DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
FederallD
Number: 59-6000431
Resolution #: R-579-15 and R-925-15
IDIS #: ....:5=-:4'-=3-'..1 _____ -,-___ _
MIAMI-DADE COUNTY
BY:
NAME: Carlos A. Gimenez
TITLE: Mayor
DATE:
AITEST
BY:
TITLE:
DATE:
Contractor's Fiscal Year Ending Date: September 30 th
CORPORATE SEAL:
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page2of2
PUBLIC HOUSING AND COMl~UNITY DEVELOPMENT
ATTACHMENT A
MIAMI .•
MeliJ:i.l iiiiiIr
FY 2015 Scope of Services
October 1,2015 through September 30, 2017
Agency Name: City of Sonth Miami
I.
2.
3.
4.
-ACTIVITY 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:
-FY 2015 FUNDING REQUESTED:
5. -HUD INFORMATION:
5a. -HUD matrix code:
5b. -HUD Activity Type:
5c. -HUD National Citation
6. -ACCOMPLISHMENTS:
6a. -Number of Units:
6b. -Type:
7. -NATIONAL OBJECTIVE:
Total # ofLowlMod in Service Area:
Census Tract:
Block Group:
8. -ACTIVITY ADDRESS:
9. -LOCATION:
NRSA (Activity located in):
District (Activity located in):
10. -LABOR STANDARD applicable
Type of Work:
o Building 0 Residential
SW 64th Street, between SW 57'" Avenue and 62" Avenue
R-S79-15 -R-925-15
24628976
Street improvements to install/improve buffered bike lanes: including
drainage renovations, landscaping, signage, pavement markings and
resurfacing aloog SW 64 tll street between SW 57111 and 62nd avenue.
Public Facilities and Capital Improvement
Sustainable Living Environment
A vailabilityl Accessibility
Amount: $354,916.00 Source: CDBC FY: 2015
$84,000 City of South Miami
$336,000
3K
LMA 570.208(8)(2)
570.201(c)
1
Public Facilities
'1 . v
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
Attachmentr. r lIetail.ed
LaW.nda S. Scott It,
Planner' (SigA3tll
Selena P. Williams
Planning Supervisor, (Signature) Date
CATEGORIES
I. Personnel
II. Contractual Services
III. Operating Services
IV. Capital Outlay
TOTAL BUDGET
CITY OF SOUTH MIAMI
SW 64th Street, between SW 57th Ave. and 62nd Ave. (Bike Lanes)
CDBG FY 2015
Summary Budget
October 1, 2015 -September 30, 2017
Revised as of 01-15-2016
FY 2015 FY2015
NON-PHCD CDBG FUNDING CDSG FUNDING
FUNDING R-579-15 R-925-15
$ $ $
$ $ 60,000.00
$ $ $
$ 84,000.00 $ 276,000.00 $ 18,916.00
$ 84,000.00 $ 336,000.00 $ 18,916.00
TOTAL
FY 2015
CDBG FUNDING
$
$ 60,000.00
$
$ 294,916.00
$ 354,916.00
SOURCES OF OTHER FUNDING TOTAL AMOUNT
City of South Miami $ 84,000.00
ATTACHMENT B
TOTAL ALL
SOURCES
$
$ 60,000.00
$
$ 378,916.00
$ 438,916.00
0410 PERSONNEL· Employee
Regular-Salaries
Position #1
Position #2
Position #3
Sub-Total Salaries
4010 Fringe Benefits
FICA (salaryX7.6S%)
Sub-Total Fringe
Total Personnel
Contractual Services
21011 External Audit
21012 Environmental Audit
21030 Other Professional -Design
21030 Other Professional SV(
22350 Bottled Water
25330 Rent 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 / Outside Vendors
Total Commodities
Capital Outlay
90 Construction
Signage
Infrastructure .Improvements
Total Capital Outlay
I TOTAL BUDGET
SOURCES OF OTHER FUNDING
City of South Miami
CITY OF SOUTH MIAMI
COBG FY 2015
SW 64th Street, between SW 57th Ave. and 62nd Ave. {Bike Lanes)
DETAIL BUDGET
pp
October 1, 2015 thru September 30,2017
Revised as of 01-15-2016
Non-PHCD PH CD 1015 PHCD 2015
COBG CDBG
R-579·15 R·925·15
$ $ · $ ·
$ · $ · $
$ $ · $
$ $ $
$ $ $
$ · $ $
$ · $ · $ ·
$ · $ · $ ·
$ · $ · $
$ · $ 60,000.00 $
$ $ · $
$ · $ $
$ · $ · $
$ · $ $
$ · $ 60,000.00 $
$ $ $
$ · $ · $
$ $ · $ ·
$ · $ · $ ·
$ $ · $
$ $ · $
$ $ · $
$ $ · $
$ · $ · $
$ 84,000.00 $ 275,000.00 $ 18,916.00
$ $ 1,000.00 $
$ $ $
$ 84,000.00 $ 276,000.00 $ 18,916.00
PH(D 1015
(DSG
Total Funding
$
$
$
$ ·
$ ·
$ ·
$ ·
$ ·
$ ·
$ 60,000.00
$
$ ·
$
$
$ 60,000.00
$ ·
$ ·
$ ·
$
$
$
$
$
$
$ 293,916.00
$ 1,000.00
$
$ 294,916.00
ATIACHMENT B
Total AU Sources
$
$
$
$
$
$
$
$
$
$ 60,000.00
$
$
$
$ ·
$ 60,000.00
$ ·
$ ·
$
$
$
$ ·
$ ·
$ ·
$ ·
$ 377,916.00
$ 1,000.00
$
$ 378,916.00
I $ 84,000,00 I $ 336,000.00 I $ 18,916.00 I $ 354,916.00 I $ 438,916.00 I
TOTAL AMOUNT
$ 84,000.00
.
RESOLUTION NO. 153-15-14492
A Resolution authorizing the City Manager to execute FY 2015 Community
Development Block Grant agreement as weD 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 6th day of october ,2015.
• COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
2
4-0
Yea
Absent
Yea
Yea
Yea
THE CITY OF p!.L\SMH llVltlG
To:
FROM:
DATE:
SUBJECT:
BACKGROUND:
AMOUNT:
ATTACHMENTS:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
February 16, 2016 Agenda Item No.: __
A Resolution authorizing the City Manager to execute Amendment
One to the agreement for the SW 64th Street, between SW 57th
Avenue and 62nd Avenue (Bike Lanes) project with Miami-Dade
County.
The City of South Miami was awarded funding for the SW 64th Street
Bike Lane and Street Improvements (Project) under the Community
Development Block Grant (CDBG) Program from Miami-Dade County,
Public Housing and Community Development (PHCD) in a total
amount of $336,000 with a contract expiration date of September 30,
2017. The Agreement requires matched funding in the amount of
$84,000 from the City of South Miami. People's Transportation Plan
(PTP) funds have been allocated to cover these match requirements.
Amendment One to the agreement provides additional funding for the
SW 64th Street, between SW 57th Avenue and 62nd Avenue (Bike
Lanes) project in the amount of $18,916, increasing total funding from
$336,000 to $354,916.
The proposed Project is part of a continuing effort to enhance the
transportation system and mobility choices for the residents and
visitors to the City of South Miami. This Project was identified in the
South Miami Intermodal Transportation Plan (SMITP) completed in
early 2015 with a focus on pedestrian safety and mobility. The Project
includes buffered bike lanes, drainage renovations, landscaping,
signage, pavement marking and resurfacing along SW 64th Street
between SW 57th and 62nd Avenue. A main priority of this Project is
to provide a safer environment for pedestrians, cyclists, and residents
by through infrastructure improvements.
The grant period begins on October 1, 2015 and ends on September
30,2017.
$18,916
Grant Contract Amendment
Resolution 153-15-14492 (Contract)
Resolution Number: R-579-15
Duns Number: 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 UContract"). by and between Miami-Dade County, a
political subdivision of the State of Ftorida, hereinafter referred 10 as "County" and City of South Miami, hereinafter
referred 10 as "Awardee" and having offices at 6130 Sunset Drive, South 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 to as "PHCD," and having its principal offices at 701 NW. 1 Court, 14'" Floor, Miami,
Florida 33136, collectively referred to as Ihe "Parties.'
WHEREAS, Ihe Home Rule Charter authorizes Miami-Dade County to provide for Ihe uniform health and
welfare of the residents throughout the County a; and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and
Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable
urban communities; and
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous
of providing such activities; and
WHEREAS, the County has appropriated $336,000.00 of CDBG funds (plus any Program Income awarded
by the 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 at SW 64 Street between 57 th and 62nd Avenue, Miami. All
CDBG funds. except those awarded to County Departments and municipalties, are awarded in the form of a loan
that is forgivable if the national objective is met pursuant to the terms and conditions set forth herein, including but
not limited to Section II, W(2)(a)(1)-(2); and
WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services', in Miami-Dade County or the focus area(s) of the county. This contract effective start date is October 1,
2015, and shall expire on September 3D, 2017.
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties herelo agree as
follows:
I. DEFINITIONS
PHCD
24 CFR Part 570 -CDBG
Regulations
Awardee
Community Development
Corporation
Local
Public Housing and Community Developmentor its successor
Deparbmen!.
Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended -Community
Development Block Gran!.
Recipient of CDBG funds from Miami-Dade County.
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of low-and moderate·income area
residents and which is receptive to the needs expressed by the
community.
Having headquarters in Miami-Dade County or having a place of
business located in Miami-Dade County from which the Contract or
Subcontract will be performed_
Page 1
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 determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
A person or family whose annual income does not exceed 50% of the
median income for the area, as determined by HUD with adjusbnents
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 conected, preserved,
produced, developed, maintained, completed, received or compiled by
or at the direction of the Awardee or any subcontractor in carrying out
the duties and obUgations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, maps, pamphlets, designs, electronic tapes, computer
drives and diskettes or surveys.
Any federal funds received by the Awardee from any source during the
period of time in which the Awardee is performing the obligations set
forth in this contract.
The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any real
property of Awardee or Related or Affiliated Entities (as defined herein)
acquired or improved upon with funds awarded pursuant to this
Agreement or on which funds awarded pursuant to this Agreement are
anticipated to be used.
PHCD's Policies and Procedures Manual flk/a Conlract Compliance Manual
may be viewed and downloaded at
htlp:llwww/miamidade.gov/housing/community-development.asp
Any individual or firm hired on a contractual basis by the Awardee for
the purpose of performing work or functions cited on the Action Step
Format (Attachment "Al) of this contract.
Any contractual agreement between a Subcontractor and the Awardee.
A. The Awardee shall carry out the Activities defined and set forth in Attachment A. "Scope of
Services." which is incorporated herein and attached hereto, in the County or the focus area(s) of
the County. Awardee acknowledges and agrees that the purpose of CDBG funds is to benefit low-
and moderate-income persons. Therefore. Awardee shall carry out the Activities in such a manner
as to satisfy a National Objective.
B. Insurance Requirements
Upon PHCD's notification, the Awardee shall furnish to the Department's Community and Housing
Management Division (CHMD). 701 N.W. 1 Court, 14th fioor, Miami, Florida 33136, relevant
certificate(s) of Insurane, 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 Miami-Dade County's Internal Services Department prior to any reimbursement being
processed. All certificates and insurance updates must identify the names of the Awardee and the
Activity being funded through this Agreement. The Awardee shall provide Builder's Risk Insurance
and/or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective
date for coverage commencing on the Notice to Proceed date.
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 submitting new or renewed insurance
certificates to the County at a minimum of thirty (30) calendar days before such expiration.
tn 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, employ~es, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its
employees, agents, servants, partners principals or SUbcontractors. The Awardee shall pay all
claims and losses in connection therewith and shall investigate and defend ail claims, suits or
actions of any kind or nature in the name of the County, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The
Awardee expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to
indemnify, keep and save hannless and defend the County or its officers, employees, agents and
instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign
immunity by the County nor shall anything herein be construed as consent by the County to be sued
by third parties in any matter arising out of this Agreement. 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 national objective of Benefit to Low and Moderate Income Persons or
Households (LMI), (See Attachment B-2). Awardee shall execute and deliver to the County,
simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the
County pursuant to this Agreement in the event that Awardee fails to meet the national objective. In
the event the CDBG funds subject to this Agreement are to be used for the acquisition or
improvement of real property, the Awardee shall also be required to give the County a mortgage or
other sercunty instrument to be detenmined at the absolute and sole discretion of the County Mayor
or Mayor's designee in order to secure the toan described in this Agreement. Title work and a title
insurance policy, if so required in the absolute and sale 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. Documen1s and Reporting Requirements
The Awardee shall submit documents to PHCD or repOl1 on relevant information to PHCD as
described below and provide any other documents in whatever form, manner, or frequency as
prescribed by PHCD. These will be used for monitoring progress, peiformance, 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. The effective date of the
coverage must coincide with the beginning date of this agreement.
2. Progress Reoorts
a. The Awardee shall submit each quarter a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which
shall describe the progress made by the Awardee in achieving each of the
Activities, objectives and action steps identified herein, including but not limited to
Attachment A and Attachment A-1.
The Awardee shall ensure that PHCD receives each report in triplicate (or as
indicated) no later than 10 days after the quarter ends.
The Awardee shall submit to PHCD a cumulative account of its activities under
this agreement by completing the following portions of the Progress Report Form:
Section 1-Generallnfonnation
Section II -Financial Information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income, depicting the twenty percent (20%) to
be paid to the County quarterly as well as Awardee's usage of Program Income
for each contracted activity.
Section III -Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, inCluding accomplishments andlor delays encountered during
the implementation of the project and an unduplicated count of clients served
during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction 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 infonmation 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
otherwise 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 111-Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report) -The Awardee shall report to PHCD the number of business activities
involving minority vendors, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in Attachment
C, and when applicable Section 3 in the same Attachment shall be completed
semiannuallY by the Awardee and submitted to PHCD no later than 10 days after
the first and third quarter.
Section IV -Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) -The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from federally
financed and assisted projects and activities,
The Neighborhood Employment Opportunities Report shall be submitted using the
Progress Report Form attached hereto as a Section in Attachment C, as it may
be revised, This section of the form shall be completed semiannually by the
Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
The Awardee shall submit to the County, in a timely manner, any other information
deemed necessary by the County 10 show Awardee has performed its obligations
set forth in this Agreement and to show U.S. HUD that Awardee has met the
national objective, and its presentation shall comply with the format specified at
the time of the request. Failure to submit the Progress Reports or other
information in a manner satisfactory to the County by the due date shall render the
Awardee in noncompliance with this Agreement. The County may require the
Awardee to forfeit its claim to payment requests or the County may invoke the
termination provision in this Agreement by giving five (5) days written notice of
such action to be taken.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized to
fulfill the terms and conditions of this Agreement, Miami-Dade County Resolution
No. 1634-93 will apply to this Agreement. This resolution requires the Awardees
to file quarterly reports as to the amount of Agreement monies received from the
County and the amounts thereof that have been paid by the Awardee directly to
Black, Hispanic and Women-Owned businesses performing part of the contract
work.
Additionally, the listed businesses are required to sign the reports, verifying their
participation in the contract work and their receipt of such monies. For purposes
of applicability, the requirements of this resolution shall be in addition to any other
reporting requirements required by law, ordinance or administrative order.
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, fhe 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 Il, Paragraph FA. of this Agreement.
Copies of the above described Progress Report shall be received by PHCD no
later than the tenth (10th) day of each month and shall address the progress
undertaken by the Awardee during the previous month. This Progress Report
shall not be required if the Awardee is submitting the Progress Reports required
by Section II, Paragraph F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report) and Final Report -The Awardee shall
submit a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress made by the Awardee in achieving each of the National Objectives identified in
Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal
year beginning on January 1 and ending on December 31 and shall be received by PHCD
no later than 10 days after the year ends. The Final Progress Report submitted by Awardee
shall include a summary of services and accomplishments Awardee performed and
achieved throughout the term of this Agreement and shall be accompanied by sumcient
documentation to show Awardee has met the CDBG National Objective. For Activities
where the National Objective is job creation, the Final Progress Report shall include
documentation sufficient to prove to U.S. 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 D, "Information for Environmental Review Form."
Notwithstanding any provision of this Agreement. the parties hereto agree and
acknowledge that this Agreement does not constilute a commitment of funds or site
approval. and that such commitment offunds 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 this Agreement, as set forth below. The Awardee
shall submit a written statement from its aUditing firm to confirm that it has cleared any non-
compliance issues stated in the audit, and a written statement from the Auditor that the
audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-
133.
6. Personnet Policies and Administrative Procedures -The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure, property
management and procurement policies and procedures, personnel management,
accounting policies and procedures, etc. Such information shall be submitted to 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 CDBG funds from this and previous agreements with the County
as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan -The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties -At the time of contract execution, or at any other
time at the request of the County, Awardee shall disclose to the County all Related or
Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations,
partnerships, or other business entities (a) which have a direct or indirect ownership
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 sole 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, notices of default, arrearage or late
payment, or any other documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for which
the Property is security.
d., Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee orreceiver.
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 employee of a Member of Congress in connection with the awarding of
any federal Agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative Agreement, and the extension, continuation, renewal,
amendment, or modification of any federal Agreement, grant, loan, or cooperative
Agreement.
2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan, or cooperaflve 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
Page 7
Rules, Regulations and Licensing Requirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, especially those applicable to conflict of interest and
collusion. Awardees are presumed to be familiar with all Federal, State and local laws,
ordinances, codes, rules and regulations that may in any way affect the goods or services
offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity"
and as amended by Executive Order No. 11375, as supplemented by the Department of
Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of
Florida Statutes and any and all other local, State and Federal directives, ordinances, rules,
orders, and laws relating to people with disabilities. The Awardee will also comply with
OMB A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures
specified in PHCD's Policies and Procedures Manual found at
http://www/miamidade.gov/housing/communily-developmenl.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, Flodda
Statutes, the Miami-Dade County Code of Ordinances, and all applicable building codes,
including the Miami-Dade County Building Code and any applicable municipal buildin9
code. Failure of Awardee or any subcontractor of Awardee to so comply with these
reqUirements, which includes but is not limited to engaging in construction or repairs
without proper building permits or unlicensed profeSSionals engaging in work which
requires a license, shall cause this Agreement to be voidable by the County at the County's
absolute and sole discretion. In the event the County voids this Agreement for failure to
comply with the requirements of this section, Awardee shall forfeit any right to payment
pursuant to this Agreement, regardless of when Awardee's or the subcontractor's
noncompliance becomes known to the County.
4. The Awardee shall comply with Section 504 of the ~ehabilitation Act of 1973, as amenaed~
5.
which prohibits discrimination on the basis of handicap and requires a minimum number of
units to be accessible to persons with disabilifles; Title VI of the Civil Rights Act of 1964, as
amended, which prohibits discrimination on the basis of race, color, or national origin;-the
Age Discrimination Act of 1975, as amended. which prohibits discrimination on the basis of
age; Title Vllt of the Civil Rights Act of 1968, as amended, and Executive Order 11063
which prohibits discrimination in housing on the basis of race, color, religion, sex, or
national origin; Executive Order 11246, as amended which requires equal employment
opportun"ity; 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 w"ith 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.
If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess
of $100,000, the Awardee shall comply with all applicable standards. orders. or regUlations,
issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 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 term of this Agreement or the Affordability Period.
7. Americans with Disabilities Act (ADA) of 1990 -The Awardee shall attest to; and SUbmit the
required Disability Non-discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below including but not limited to, those provisions
Page a
:
c~
pertaining to employment, provisions and program services, transportation,
communications, access to facilities, renovations, and new construction.
8. Affirmative Action/Non-Discrimjnation 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/bids to be
filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action
Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of
the population make-up of the nation are exempt from this requirement and must submit, in
writing, a detailed listing of their Boards cif Directors, showing the race or ethnicity of each
board member, to the County's Regulatory and Economic Resources Department. Firms
claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk
of the Board, an appropriately completed and signed Exemption Affidavit in accordance
with Ordinance 98-30. These submitlals 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 wHl be the responsibility of each firm to provide verification of their gross annual revenues
to determine the reqUirement for compliance with the Ordinance. Those firms that do not
exceed $5 million annual gross revenues must clearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the 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 condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11 A-60 of the Miami-
Dade County Code. This Ordinance applies to employers that have, in the regular Course of
business, fifty (50) or more employees working in Miami Dade County for each working day
during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not certified its compliance with the Domestic Leave
Ordinance. Failure to comply with the reqUirements of Resolution R-185-00, as well as the
Domestic Leave Ordinance may result in the contract being declared void, the contract
being terminated and/or the firm being debarred.
10, Code of Business Ethics -In accordance with Section 2-8.1(1) of the Code of Miami-Dade
County each person Or entltiy that seeks to do business with Miami-Dade County shall
adopt a Code of Business Ethics ("Code') and shall submit an affidavit stating that the
Awardee has adopted a Code that complies with the requirements of Section 2-8.1(i\ of the
Miami-Dade County Code (Form A-12). Section 2-11.1(d) of Miami-Dade County Code as
amended by Ordinance 00-1, also requires any county employee or any member of the
employee's immediate family who has a controlling financial interest, direct or indirect, with
Miami-Dade County or any person or agency acting for Miami-Dade County from
competing or applying for any such contract as it pertains to this solicitation, must first
request a conflict of interest opinion from the County's Ethic Commission prior to their or
their immediate family member'S entering into any contract or transacting any business
through a firm, corporation, partnership or business entity in which the employee or any
member of the employee's immediate family has a controlling financial interest, direct or
indirect, with Miami-Dade County or any person or agency acting for Miami-Dade County
and that any such contract, agreement or business engagement entered in violation of this
subsection, as amended, shall render this Agreement voidable. For additional information,
please contact the Ethics Commission hotline at (305) 579-9093.
11. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
Page 9
leases of reaJ property to a public entity; may not be awarded or perform work as a
Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and.
may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017 for Category "TWO ($10,000) for a period of thirty-six (36) months from
the date of being placed on the convicted vendor list. The Awardee warrants and
represents that it has not been placed on the convicted vendor 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 Miami-Dade County.
Further, should the Awardee be placed on the list at any time during this Agreement Miami-
Dade County shall have the right to terminate this agreement
12. Criminal Conviction -Pursuant to Miami-Dade County Ordinance No. 94-34, "Any individual
who has been convicted of a felony during the past ten years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or executive who
has been convicted of a felony during the past ten years shall disclose this information prior
to entering into a contract with or receiving funding from the County." Failure of the
Awardee to disclose this information as required may lead to the termination of this
agreement by Miami-Dade County.
If Awardee, or any owner, subsidiary. or other firm affiliated with or related to the Awardee,
is found by the responsible enforcement agency, the Courts or the County to be in violation
of the Acts, the County will conduct no further business with Awardee. Any contract entered
into based upon a false affidavit, as listed below, and submitted pursuant to this resolution
shall be voidable by the County:
1. Miami-Dade County Vendor Affidavit Form
2. Criminal Record Affidavit
3. Public Entity Crime Affidavit
4. Relaled-Party Disclosure Information
5. Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
6. Affirmative Action Affidavits
7. Current on all County Contracts, Loans, and Other Obligations Affidavit
8. Financial and Conflicts of Interest Affidavit
9. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in violation
at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327,
42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I,
Employment; Title It, Public Services; Title lit, Public Accommodations and
Services Operated by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
I n add~ion to the requirements in the Agreement, the Awardee f 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.
Page 10
Employment and contracting opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub reCipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
13. CDBG-Related Requirements
1. National Objective -Awardee must perform the Activities described herein in a
manner in which Awardee meets the national objective of benefit to low-
and moderate-income persons. Awardee shall ensure and maintain
documentation, acceptable to the County in its sale and absolute discretion, that
condusive!y demonstrates that each activity assisted in whole or in part with
COBG funds is an activity which provides benefjt 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. !f the Awardee is a primarily religious entity, it shall
comply with all provisions of 24 CFR 570.200 OJ.
3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies concerning
the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for which
a location has not yet been identified, the Awardee shall obtain, immediately after
a site is identified by the Awardee, PH CD's written environmental clearance
statement and shall agree in writing to comply with any and all requirements as
may be set forth in the Site Environmental Clearance Statement.
5, The Awardee shall cooperate with PHCD in informing the appropriate CDBG
citizen participation structures, including the appropriate area committees, of the
activities of the Awardee in adhering to the provisions of this Agreement.
Representatives of the Awardee shall attend meetings of the appropriate
committees and citizen participation structures, upon the request of the citizen
participation officers, PHCD, 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
informing the appropriate CDBG citizen participation structures, including the
appropriate area committees, of the activities of the Awardee in adhering to the
provisions of this Agreement. Representatives of the Awardee shall attend
meetings of the appropriate committees and citizen parflcipation structures, upon
the request of the citizen participation officers, PHCD, or the County.
7. For activities 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 PHCD 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 receiving CDBG 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 COSG assisted projects. These procedures must consist of
actions to provide information and attract eligible persons from all racial, ethnic
and gender groups to the available services. The Awardee shall annually assess
its affirmative marketing program to determine if the procedures used to comply
with the requirements specified in Public Law 88-352 and Public Law 90-284
successfully meet these requirements. The Awardee shall submit to PHCD its
Affirmative Marketing Plan no later than 60 days from the date this Agreement is
executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding their compliahce 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 descnbed 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 indude, but are not limited to, the analysis of Awardee's
financing gap or rate of return gap, project feasibBity, and the reasonableness of costs and
Awardee's or owner's equity retum. Awardee agrees to defer to the County's analysis of
the Activity as conducted in compliance with the CDSG Regulations, induding but not
limited to 24 CFR 570.209, including Appendix A, as well as OMS 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 Applicable Laws
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted if modification is impossible.
However, the obligations under this Agreement, as modified, shall continue and 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 infonnation.
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 the Davis-Bacon Act; Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.);
Contract Work Hours and Safety Standards Act (40 U.S.C. 327 Et Seq.); and Lead-Based
Paint Poisoning Prevention Act as amended on September 15, 1999; and other related
acts, as applicable.
4. Submit to PHCO 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 PHeD's approval
prior to implementation.
6. Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, PHeD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is
determined by PHCD, in its sole discretion, to be seventy-five percent (75%) completed, At
the time that the construction work is determined by PHCD to be seventy-five percent
complete, the retainer will be reduced to 5% until the work is completed, Completion shall
occur when a Certificate of Occupancy is issued.
7. The County shall have the right to assign Professional Staff and Technical Assistance from
the Public Housing and Community DevelopmenUo assist the project if the County's staff
determines that the Awardee has been unable to consistently achieve the work and units
described within the time frames of the action step format of this agreement. Such
involvement may result in a reduction of a maximum of 5% of the Agreement's award to
cover the cost of the technical assistance. The Awardee shall cooperate and comply with
all requests made by such staff.
8. Execute and record, at the County's request, any of the following documents in order to
ensure the Property is used as defined and described in Attachment A of this Agreement:
a. Promissory Note
b. Mortgage
c. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
L. Audits and Records
1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB A-133.
Nonprofit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program-specific audit performed, in accordance with
OMB A-133. Awardees who will be receiving, or who have received, federal awards for
loans or loan guaranteed programs may be required to conduct audits of those programs in
accordance with regulations of the federal agencies providing those guarantees or loans.
2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A-133, although their records
must be available for review (e.g., inspections, evaluations). Such agencies that receive
less than $500,000 in combined Federal awards must submit to the County annual
compilation reports that describe their performance. To achieve uniformity regarding the
reporting format, such documents must comply with the accounting industry standards by
communicating an independent accountant's (1) expression of limited assurance on
FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures
(Review Report); (2) results of procedures performed (Agreed-Upon Procedures Report);
(3) non-expression of opinion or any fonm of assurance on a presentation in the form of
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 audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all
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 OMS A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year or on the basis of the period during which PHCD-federal
assistance has been received. In either case, each audit shall cover a time period of not
more than twelve (12) months and an audit shall be submitted covering each assisted
period until 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 personnel duly authorized by the County.
8. The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this Agreement and defined by PHCD, each of the record-keeping
and audit requirements detailed in this Agreement. PHCO shaU, in its safe discretion,
determine when services are eligible substantive programmatic services and subject to the
audit and record-keeping requirements described above. I
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's expense.
The Awardee shall provide access to all of its records, which relate directly or indirectly to
this Agreement at its place of business during regular business hours. The Awardee shall
retain all records pertaining to this Agreement and upon request make them available to the
County for four years following expiration of the Agreement. The Awardee agrees to
provide such assistance as may be necessary to facilitate the review or audit by the County
to ensure compliance with applicable accounting and financial standards.
10. The Awardee shall ensure that its auditors share their audit results with and must submit
the audit report to PHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission
Auditor to all financial and 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 detenmining 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
Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA)
of 1996 and the Miami-Dade County Privacy Standards Administrative Order. HIPAA mandates
privacy, security and electronic transfer standards including but not limited to:
1. Use of infonmation 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 Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7, Making PHI available to Miami-Dade County for an accounting of disclosures; and
8. MaKing 'Internal practices, books and records related to PHI available to Miami-
Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and/or electronic transfer of data). The Contractor must give its customers written notice of
its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least seven (7) years
following the final Close-Out of the ActivityfProject (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
PHCD thaI the Activity/Project has been finally Closed-Out in Ihe U.S. HUD lOIS system.
Upon Awardee's-request in writing for confirmation of said final Close-Out, PHCD shall
provide Awardee in writing either confirmation of final Close-Out or a list of documentation
required in order to proceed toward final Close-Out.
2. If the County or the Awardee have received or given notice of any kind indicating any
threatened or pending litigation, claim or audit arising out of the services provided pursuant
to the terms of this Agreement, the Retention Period shall be extended until such time as
the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of
PHCD, fully, completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County full access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify PHCD in writing, both during the pendency of this Agreement and
after its expiration as part of the final closeout procedure, of the address where all
Agreement records will be retained.
5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
O. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to PHCD, upon request, all Agreement records. These records
shall become the property of PHCD without restriction, reservation, or limitation of their
use. PHCD shall have unlimited rights to all books, articles, or other copyrightable
materials developed for the purpose of this Agreement. These unlimited rights shall include
the rights to royalty-fees; nonexclusive, and irrevocable license to reproduce, publish, or
otherwise use, and to authorize others to use, the information for public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies, and those agencies issue monitoring reports, regulatory examinations, or other
Page 15
similar reports, the Awardee shaH provide a copy of each report and any follow~up
cornmunic..'1tions and reports to PHCD immediately upon such issuance unless such
disclosure is a violation of the rules or pancies of the regulatory agencies issuing the
reports.
3. Proprietary Information
As a political subdivision of the State of Florida, Miami-Oade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense, the
drsclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement, the Awardee w!ll not use directly or indirectly for jtself or
for others, or publish or disclose to any third party, or remove from the County's property,
any computer progri;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 with the approval of the lessor or Awardees thereof. This includes mainframe,
minis, telecommunications, personal computers and any and all information technology
software,
The Awardee will report to the County any information discovered or which is disclosed to
the Awardee which may relate to the improper use, publication, disclosure or removal from
the County's property of any information technology software and hardware and will take
such steps as are within the Awardee's authority to prevent improper use, disclosure or
removal.
3. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof furnished
by the County to the Awardee hereunder or furnished by the Awardee to the County
andlor created by the Awardee for delivery to the County, even if unfinished or in
process, as a result of the Services the Awardee performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the
Awardee as well as its employees, agents, subcontractors and suppliers may use only
in connection of the performance of Services under this Agreement. The Awardee
shall not, without the prior written consent of the County, use such documentation on
any other project in which the Awardee or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Awardee to
meet official regulatory requirements or for other purposes in connection with the
performance of Services under this Agreement shall not be construed as publication in
derogation of the County's copyrights or other proprietary rights.
b) All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee and
its subcontractors specifically for the County, hereinafter referred to as "Developed
Works" shall become the property of the County.
c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or
any employee, agent, subcontractor or supplier thereof, without the prior written
consent of the County, except as required for the Awardee's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary
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 SefVices.
Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its
subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose andlor permit any other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the
County or entities contromng, controlled by, under common control with, or affii'lated
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 andlor 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 andlor all of the Deliverables provided hereunder exclusively for the County or
entities controlling, controlled by, under common control with, or affiliated wilh the
County, or organizations which may hereafter be formed by or become affiliated with
the County. No such License Software, specifications, data, documentation or related
information shall be deemed to have been given in confidence and any statement or
legend to the contrary shall be void and of no effect
P. Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the County by the Awardee or third parties. The provisions in this section
shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or
Affiliated Parties. The Awardee shall Incorporate the provisions in this section in all subcontracts
and all other Agreements executed by the Awardee in connection with the performance of the
Agreement.
Miami-Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami-Dade County, as a,mended, Miami-Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (114) of one (1) percent of the total
contract amount which cost shall be included in the total proposed amount. The audit cost will be
deducted by the County from progress payments to the selected Awardee. The audit cost shall also
be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply
to the following contracts: (a) IPSIG contracts; (b) contracts for legal seNices; (c) contracts for
financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (I)
concessions and other rental agreements; (g) insurance contracts; (h) revenue~generating contracts;
(I) contracts where an IPSIG is assigned at the time the contract is approved by the CommiSSion; (j)
professional service agreements under $1,000; (k) management agreements; (I) small purchase
orders as defined in Miami-Dade County Administrative Order 3-2; (m) federal, state and local
government-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the
Miami-Dade County Board of County Commissioners may authorize the inclusion of the fee
assessment of one quarter (1/4) of one percent in any exempted contract at the time of award.
Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an eXisting project or program may include a report concerning
whether the project is on time, within budget and in compliance with plans, specifications and
applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained
by the Inspector General, the Awardee shall make all requested records and documents available to
the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Awardee's possession, custody
or control which, in the Inspector General or IPSIG's sale judgment, pertain to performance of the
Agreement, including, but not limited to original estimate files, worksheets, proposals and
Agreements from and with successful and unsuccessful subcontractors and suppliers, all project-
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.
Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County,
the Awardee shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shan be
responsible for the payment of these IPSIG services, and under no circumstance shall the
Awardee's prices and any changes thereto approved by the County, be inclusive of any charges
relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its
officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall
impair any independent right of the County to conduct an audit or investigate the operations,
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement
Q. Prior Approval
The Awardee shall obtain written approval from PHCD prior to undertaking any of the following:
1. The engagement Of 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~ stllrt date. of
the agreement. PHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
PHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions 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 II, Paragraph N of this
Agreement.
10. In the event the Awardee wishes to substitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
Page 18
The Awardee 'shall permit PHCD and other persons duly authorized by PHCD to inspect all
Agreement records, facilities, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, andlor to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or
provide PHCO with a reasonable justification for not correcting the defidencies. 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, Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84A2 (24 CFR Part 85,36 for Public
Agencies) and 24 CFR 570,611 with respect to confilcts of interest, and covenants that it presently
has no financial interest and shall not acquire any financial interest, direct or indirect, which would
conflict in any manner, or degree with the performance of services requried under this Agreement.
The Awardee further covenants that in the performance of this Agreement no person having such a
financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest
provisions apply to any person who is an employee, agent, consultant, officer, or elected official or
appointed official of the County, or of any designated public agencies or subrecipients which are
receiving funds under the COBG Entitlement program. The Awardee certifies and represents that no
officer, director, employee, agent, or other consultant of the County or a member of the immediate
family or household of the aforesaid has directly or indirectly received or been promised any form of
benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this
Agreement.
The Awardee shall abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of
Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in
connection with its Agreement Obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party
that are covered by the above standards, The Awardee shall make such disclosure in writing to
PHCD immediately upon the Awardee's discovery of such possible conflict PHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to PHCD, within five business days of execution this Agreement, all
updated Conmct of Interest affidavits, Related Party Disclosure statements, list of current Board
members, and list of all business associations with the following documents:
» Original Agreement or its subsequent amendments,
» Requests for budget revisions, » Requests for approval of subcontracts,
Non-compliance with the above requirements will be considered a breach of Agreement, which will
result in the .immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through PHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or confilct of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the County,
or of the State of Florida (including elected and appointed members of the legislative
and executive branches of government), or a member of the immediate family or
household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the servic8s 1
supplies or work, to which this Agreement relates or in any portion of the revenues; or
Page 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 nOf any officer, director. employee, agency, parent, subsjdiary, 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 sale discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies all the individuals
and entities involved and sets forth in detaH the nature of the relationship and why it is in
the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above
and acquires information which may indicate that there may be an actual or apparent
violalion of any of the above, Awardee shall promptly bring such information to the
attention of the County's Project Manager. Awardee shall thereafter cooperate with the
County's review and investigation of such information, and comply with the instructions
Awardee receives from the Project Manager in regard to remedying the situation.
T. Intentionally Left Blank
U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the United
States Department of Housing and Urban Development (US HUD), as funding sources and that the
Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the
County and US HUD for the support of all contracted activities. This is to include, but is not limited
to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, fiyers, brochures,
news releases, media packages, promotions, and stationery. The use of the official County logo is
permissibte. 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 aciivities 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 seruices
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 coilered by Section
3, shall, to the greatest eldent feasible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUO assistance for housing.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this Agreement, the parties
to this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any, a
notice advising the fabor 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 Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training positions,
that are filled (1) after the Awardee is selected but before the Agreement is executed, and
(2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the Awardee's
obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work 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 eldent 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 eldent 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 I provide a statement
of their subcontracting policies and procedures (see Attachment G). The County will not execute this
Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and
Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it appears
to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise
impair the performance of the Awardee's obligations under this Agreement.
W. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
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 sole and absolute
discretion; or
2) Not used to meet one of the three (3) CDBG National Objectives. In the
event the property is not used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement or
such longer period as determined by PHCD, the Awardee shall, In the
sole discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD in its sole
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1_, above.
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 whole or in part with funds from PHCD, shall be listed in the property
records of the Awardee and shall include a legal description; size; date of
acquisition; value at time of acquisition; present market value; present condition;
address or location; owner's name jf 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 termrnation 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 shall be construed to limit the County's right to collect from Awardee
the entire amount of CDBG funds awarded pursuant to this Agreement in the event
Awardee fails to meet a national objective.
3. Inventory -Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocaied in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to
the CQunty. 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 capita! items with funds allocated in this
Agreement
The County shall allow the Awardee to retain possession of capital equipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents of
title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All non expendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with PHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacture~s senal number; date of acquisition; funding
source; unit cost at the time of acquisition; present market value; property
inventory number; information on its condition; and information on transfer,
replacement, or disposition of the property.
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 submitled to PHCO. The
inventory report shall include the elements listed in Paragraph W.3.a., above.
c. Title (ownership) to all nonexpendable personal property purchased in whole or in
part with funds given to the Awardee pursuant to the terms of this Agreement shall
vest in the County and PHCO.
5. The Awardee shall obtain prior written approval from PHCO for the disposition of real
property, expendable personal property, and non expendable 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 PHCO. 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 COSG funds. When Program
Income is generated by an activity that is only partially assisted with COSG funds, the
income shall be prorated to refiect the percentage of CDSG 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 ruJes, or any County rules or ordinance.
a. The Awardee shall comply with the Program Income provisions in PHCD's
Policies and Procedures Manual. If any Program Income provisions of the
Policies and Procedures Manual conflict with any Program Income provisions of
this Agreement, the provisions of this Agreement shall rule.
b. The Awardee shall report to PHCD all cumulative Program Income generated from
"activities financed in whole or in part by funds from this Agreement, for as long as
it receives and/or has control over Program Income generated from this and any
previous Agreements with PHCD. The Awarded must submit the information for
the generated Program Income to PHCD quarterly as part of the Fiscal Section of
the Awardee's Progress Report as outlined in Section II, Paragraph F.2.a.
The County may expressly permit Awardee to use Program Income in the Scope
of Services. If such permission is not expressly set forth in the Scope of Services.
then Awardee must request permission from the County to use Program (ncome
for eligible activities. The County may in its sale discretion grant such permission.
but such permission may reguire the approval of the Soard 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 COSG regulations, 24 CFR Part 570.504(c) el.seq. Awardee
acknowledges that the CDSG Regulations require that Awardee spend Program
Income before further CDSG 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
CDSG 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 tenmination of this Contract, Awardee shall
immediately pay/return 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, loan-
related programmatic costs, and operational costs for the same revolving loan
activity before the Awardee may request additional CDBG funds for that activity.
g. Should Awardee be granted permission to use Program Income, all Program
Income from activities other than a revolving loan activity shaH be substantially
disbursed to carry out other PHCD-approved CDBG eligible activities, and to
cover operational costs before requesting additional CDBG funds.
h. Any proceeds from the sale of property as detailed in Section II, Paragraph W.4.,
above, shall be considered Program Income.
i. The Awardee shall obtain, as part of the required audit report, validation by a
certified audltor 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 shall comply with the County's travel policies. Documentation of travel expenses shall
conform to the requirements of PHCD's Policies and Procedures Manual.
Z. Subcontracts and Assignments
1. Unless otheJWise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
the prior consent of the County may result in termination of the Agreement for breach.
When Subcontracting is allowed, the Awardee shall comply with County Resolution No.
1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at https:lfwww.sam.gov/ Awardee
shall provide to PHCD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami-Dade County's debarred
Contractor's List; Awardee shall, at a minimum, check at
http://www.miamidade.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 PH CD'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. In such circumstances that
open, competitlve bids are not feasible Of that a minimum of three bids are
unobtainable, permission to use other methods of award must be requested in
writing and approved by PHCD prior to the assignment or award of subcontract.
The Awardee agrees that no assignment or sub-contract will be made or let in
connection with the Agreement without the prior written approval of PHCD, which
approval shall not be unreasonably withheld, and that all such sub-contractors or
assignees shall be governed by the terms and intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, 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 teave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
ConSUltant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services. Regardless of any approvals by PHCD of
subcontracts or subcontractors, the Awardee shall bear all risks associated with
subcontracting performance of the Activities to a subcontractor.
4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging
any party who agrees to carry out any SUbstantive programmatic activities as may be
determined by PHCD as described in this Agreement. PHCD's approval shall be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD prior to either assigning or
transferring any obligations or responsibility set forth in this Agreement or the right to
receive benefits or payments resulting from this Agreement.
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar
amount agreed upon in this Agreement.
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
subcontractors and suppliers to PHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from PHCD.
g: The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Additional Funding
The Awardee shall notify PHCD of any additional funding received for any activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the
Awardee's notification by the funding source.
BB. Method of Payment
The Awardee shall be paid as described below:
1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided
below only when the Awardee submits to PHCD adequate proof, as determined by PHCD
in its sale 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 canceleo checks or original invoices approved by the
Awardee's authorized representative which show performance of the Activities described in
Attachment A and conformance with the laws, rules and regulations set forth in this
Agreement. When original documents cannot be presented, the Awardee must adequately
justify their absence in writing and furnish copies of those documents to PHCD. The
Awardee shall be paid only for those expenditures contained within Attachment B,
"Budget," to this Agreement as it may be revised with the prior written approval by PHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to PHCD no less frequentli 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 payment within 30 days
after the month in which the expenditures were incurred. Failure to comply will result in
rejection of invoices. In no event shall the County be obligated to pay any invoices for
expenses which were incurred more than 60 days prior to the date the request for payment
is submitted to PHCD.
3. In no event shall the County provide advance CDBG funding to the Awardee or to any
subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms of this Agreement or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that accompanies the aclion
step chart in the scope of services. Payment is contingent on the achievement by the
Awardee of the quarterly accomplishment levels identified in the scope of services portion
of this agreement -Attachment A, which shall be submitted with all payment requests
and shall clearly identify the completed level of accomplishments met. This shall also apply
to soft costs associated with project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Internal Services
Department. PHCD must receive the final request for payment from the Awardee no more
than thirty (30) celendar days after the expiration or termination of this Agreement. If the
Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
payment(s) if PHCD, in its sale discretion, so chooses.
7. All monies paid to the Awardee which have not been used to retire outstanding obligations
of this Agreement must be refunded to PHCD in accordance with PHCD's Policies and
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 entitled to return of any or all of the funds awarded under
this Agreement, Awardee agrees to and shall assign any proceeds to the County from any
Agreement between the County, its agencies or instrumentalities and the Awardee or any
firm, corporation, partnership or joint venture in which the Awardee has a controlling
financial interest in order to secure repayment of this award. "Controlling financial interest"
shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital
stock in any corporation or a direct or indirect interest of ten percent or more in a finn,
partnership or other business entity.
CC. Reversion of Assets
The 'Awardee shall return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the rea! property. In the case of activities involving real property, such reserves shall
not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, including but not
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by Ihe County to effectuate the reversion of assets,
DO, Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event shall .funds received pursuant to this
Agreement be used for:
1 . Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials, The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
III. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions
contained within this Agreement in an amount not to exceed the appropriated amount as stated on page 1 of this
contract.
IV. THE AWARDEE AND PHCD AGREE:
A. Effective Date
1, This Agreement shall 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 activites. Any
Page 28
B.
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 sole discretion it is deemed necessary and applicable.
The management evaluation shall reflect the Awardee's compliance with generally
accepted fiscal and organizational standards and practices. The performance review
should reflect the quality of service provided and the value received using monitoring data,
such as progress reports, site visits, and client surveys.
Default or Breach
The Awardee shall be in default or breach of this Agreement if any of the fotlowing acts,
omissions or conditions occur:
a. The Awardee fails to fulfil! 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 nat
limited to failure to meet the National Objective, as determined by the County and
U.S, HUD.
b. Awardee fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requried herein.
c. Filing of a lis pendens, foreclosure action, or ather legal action against the
Property, any property of Awardee or Related or Affiliated Party,' or -against
Awardee or Related or Affiliated Party which the County determines, in its sale
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services. .
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance an the Property nat permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sale
discretion would materially impair performance by Awardee of all the terms and
conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any aclion, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1)-(2) of this Agreement.
j. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to SUbmit documentation (via Progress Reports and
applicable supporting documentation) sufficient to shaw 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 least ten (10) days before the effective date of suspension. If payments are suspended,
the County shall specify in writing the actions that must be taken by the Awardee as
conditions precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any
other Agreements entered into between the County and the Awardee. The Awardee shall
be responsible for its own direct and indirect costs associated with such suspension,
including attorney's fees, Reasonable cause shall be determined by PHCD, in its 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 the Awardee to materially comply with any term or provision of this
Agreement;
c. Failure by the Awardee to submit any documents required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
e, Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or alt of the activities funded by this Agreement.
2. PHCD wilt notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include the
reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
1. Termination at Wilt
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten
(10) working days notice when PHCD determines that it would be in the best interest of
PHCD and the County. Said notice shalt be delivered by certified mail, return receipt
requested, or in person with proof of delivery. In the event of termination, the County may:
(a) request the return of all finished or unfinished documents, data stUdies, surveys,
drawings, maps, models, photographs" reports prepared, and capital equipment secured by
the Awardee with County funds under this Agreement; (b) seek reimbursement of County
funds allocated to the Awardee under this Agreement; andlor (c) terminate or cancet any
other Agreements entered into between the County and the Awardee. The Awardee shall
be responsible for its own direct and indirect costs associated with such termination,
including attorney's fees,
2. Termination for Convenience
PHCD may terminate this Agreement, in whole part, in accordance with 24 CFR Part 85.44,
when both parties agree that the continuation of the activities would not produce beneficial
results commensurate with the further expenditure of funds. Both parties shalt agree upon
the termination conditions. PHCD, at its sale discretion, reserves the right to terminate this
Agreement without cause upon thirty (30) days written notice. Upon receipt of such notice,
the Awardee shall not incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
Page 30
In the event of a funding short~faU, 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) hOUfS written notification to the Awardee. Said notice shall be
del"lvered by cerfrfied mail, return receipt requested, or in person with proof of delivery.
PHCD shall be the final authority to determine whether or not funds are eJVaiiabJe. PHeD
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 allocalion to the Awardee th rough
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 effecl of Ihe request on the community and the
County prior to making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6, Termination fer Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its
sale and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement perrermance, or is not materially complying with any term
or proviSion of this Agreement, PHCD may treat such failure to comply as a repudiation of
this Agreement;
7. Termination for Bankruptcy
The County reserves the right to terminate Ihis Agreement, if, during the term of any
Agreement the Awardee has with the County, Ihe Awardee becomes involved as a debtor
in a bankruptcy proceeding) or becomes involved in a reorganization, dissolution I or
liquidation proceeding, or if a trustee or receiver is appointed over all or·8 substantial
portion of the property of the Awardee under federal bankruptcy law or any state insolvency
law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by written
notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours
notice. Said notice shall be delivered by certified mail, return receipt requesled, 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 10 be a modification of Ihe terrns of this
Agreement. The provisions herein do not limit the County's right to legal or equitable
remedies. The County may resort to any remedy for breach provided herein or at law,
including but not limited to, taking over the performance of the Services or any part thereof
either by itself or through others.
In the event the County shall terminate this Agreement for default or breach, the County or
its designated representatives, may immediately take possession of all applicable
equipment, materials, products, documentation, reports and data.
9. Penalties for Fraud Misrepresenlation or Malerial Misslatement
In accordance with the Code of Miami-Dade County, Seclion 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 malerial 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, misrepresentation or material
misstatement may be disbarred from County contracting for up to five (5) years.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, 'the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a, the difference between the cost associated with procuring Services hereunder and the
amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and
b. such other direct damages.
2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's
performance of this Agreement or any breach or default, 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 court of appropriate jurisdiction. The
Awardee shall be responsible for its own direct and indirect costs associated with such
enforcement, including attorney's fees.
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the
County for damages sustained by the County by virtue of any breach of the Agreement, and the
County may withhold any payments to the Awardee until such time as the exact amount of damages
due the County is determined. The County may also pursue any remedies available at law or equity
to compensate for any damages sustained by the breach.
Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination.
"Reasonable, allowable costs H are those costs which are necessary in order to perform Awardee's
obligations under this Agreement and specifically exclude expenses incurred prior to the execution
date of this Agreement, personal expenses, travel expenses, expenses related to additional phases
of the Project not specifically and expressly incorporated into this Agreement. PHCD shall be the
sale 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-1. Limitation of Liability and Limitation of Remedies
Awardee acknowledges that the County is providing substantial funds to Awardee at low or no cost
to Awardee, and that these CDBG funds are for the purpose of providing a benefit to the community
health and welfare.
Therefore, notwithstanding any other provision herein, the 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 III, 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. Neither party shall be liable for costs incurred by the other party prior to the execution of
this Agreement.
F. Renegotiation, Modification and Right to Waive
1. Modifications of provisions of this Agreement shall be valid only when in writing and signed
by duly authorized representatives of each party, which for the County is the County Mayor
or Mayor's designee. The parties agree to renegotiate this Agreement if PHCD determines,
in its sale and absolute discretion, that federal, state, and/or County revisions of any
applicable laws or regulations, or increases or decreases in budget allocations make
changes in this Agreement necessary. PHCD shall be the final authority in determining
whether or not funds for this Agreement are available due to federal, state and/or County
revisions of any applicable laws or regulations, or increases in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement beyond the
current Agreement period and will notify the Awardee in writing of the extension. This
Agreement may be extended beyond the initial extension period upon mutual agreement
between the County and the Awardee, upon approval by the County Mayor or Mayor's
designee.
3. The County may, for good and sufficient cause, waive provisions in thiS Agreement. Waiver
requests from the Awardee shall be in writing. No waiver shall be valid unless in writing
and signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to
be a modification of this Agreement.
4. The County's failure to exercise any of its rights under this Agreement, or the County's
waiver of a provision on anyone occasion, shall not constitute a waiver of such rights or
provision on any other occasion. No failure or delay by the County in the exercise of any
right shall operate as a waiver.
G. Budget Revisions and Changes to the CDBG Eligibility Activity Tille
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
am·endment of this Agreement, which the County shall have no obligation to execute. The
County shall not be obligated to make payments for expenditures incurred prior to the
approval of the budget revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by PHCD no later than five (5) working days
of the action; written notification will constitute a Agreement amendment. The Awardee will
have five working days upon receipt of certified return receipt notification to submit a
revised budget reflecting funding adjustments. Should the modified budget not be received
within the specified time, The County will revise the budget at its discretion. The County in
its sole and absolute discretion will determine whether substantial reductions will
necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to
the Scope of Services, when required, will be negotiated to the mutual satisfaction of both
parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are
classified as noted in the Scope of Services shall not require a Agreement amendment.
H. Compliance
Page 33
The County shall have the right to inspect, monitor, and inquire of Awardee , at the sale and
absolute discretion of the County, remain in effect during any period that the Awardee is obligated to
complete a National Objective or has control over Agreement funds, including Program Income, in
order to ensure compliance with the COBG Regulaflons. However, the County shall have no
obligation Of 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, or an authorized representative, will issue a
determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in
the event additional time is necessary. PHCD will notify the Awardee within the thirty (30) day
period that additional time is necessary. The Awardee agrees that it shaH not bring any legal actton
or against the County until thirty (30) days from the County Mayor issuing his/her determination.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its Agreements to the
County Mayor for bidding and award in accordance with County policies and procedures.
L. Proceedings
This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute
arising under, in connection with or re!ated 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:
COPYTO:
COpy TO:
Miami-Dade County
111 N. W. 1st Street
Miami, Florida 33128
Attn: Russell Benford, Deputy Mayor
Public Housing and Community Development
701 NW 1" Court, 14'" Floor
Miami, FL 33136
Attn: Michael Liu, 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. 1st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or new
address will be rendered in writing to the other party and said notification attached to originals of this
Agreement.
In the event that any of the information required by the provisions of this Article is changed by either
of the Part',es after the execution of this Agreement, the affected Party shall give notice in writing
within five (5) days to the other Party of the amended pertinent information, which shall be attached
and incorporated into this Agreement.
N. WAIVER OF 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
RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM.
NEITHER AWARDEE, SUBCONTRACTOR, NOR ANY SUCH PERSON OR ENTITY WILL SEEK
TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED. THE
PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES
HERETO, AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS. NO
PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT
THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL
INSTANCES.
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement,
including any rights, title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
P. Third Parties
This agreement is intended for the 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 COBG Regulaflon compliance for the duraflon of the period in which Awardee is
obligated to meet a National Objective or has control over CDBG funds as well as the County's right
to inspect and monitor the Project and 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, and shall be, in the performance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or serVan1 of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sale direction, supervision and control. The
Awardee shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects the Awardee's relationship and the 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
A1 -Action Steps; Attachment B -Budget; Attachment B-1(N) Idemnification and Insurance
Requirements; Attachment B-2 -CDBG Program Requirements (Housing Only); Attachment C -
Progress Report,Set-Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure &
Progress Report; Attachment 0 -Information for Environmental Review; Attachment E -
Certification, Statements and Affidavits; Attachment F -pubncity, Advertisements and Signage;
Attachment G -Fair Subcontracting Pondes; Attachment H -Subcontractor/Supplier Listing)
contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the
parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents and/or agreements
governing this development, the terms, provisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the
project's true "gap" financing needs to be less than the maximum award allocated by the Board of
County Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in
this Agreement shall be subsequently reduced. "Gap" financing means the difference between the
amount of financing available for the Project from other sources and the total project cost. In the
event Awardee applies for and is awarded by the Board of County Commissioners ("BCC")
additional funding for the same Project, as described in this Agreement. a separate Agreement or
amendment to this Agreement must be negotiated and executed between Awardee and the County
Mayor or Mayor's designee. Any differences between the terms and conditions set forth in this
Agreement and the subsequent funding award shall require a negotiation between the Parties in
order to resolve those differences. Awardee understands and acknowledges that changes to the
Project or Activities described in this Agreement may not be accomplished by applying for and being
awarded subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the
BCC funding for an additional phase of the same Project, a separate agreement must be negotiated
and executed between the Parties. Under no circumstances shall Awardee assert that a
Page 36
subsequent application for and award of funds for the same project constitutes and amendment of
this Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a
subsequent application for and award of funds for the same Project where such subsequent
application by Awardee includes terms which conflict with the terms of this Agreement.
U. Interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or
neuter as lhe context requires.
v. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this
Agreement, which by nature would continue beyond the termination, cancellation or expiration
thereof, shall survive termination, cancellation or expiration hereof.
w. Corporate Governance
A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
Page 37
IN WITNESS THEREOF, the parties hereto have caused this Thirty-Eight (38) page contract to be executed by their
undersigned officials as duly authorized, this -30-day of 1)£(.. ... 2015.
AWARDEE: CitYOfS~~ .
:M~~
-0h~
TITLE:
DATE:
BY:
NAME:
TITLE:
DATE:
BY:
(Sign re)
~ ~rt:HI Type or rint Name
BY:
gnature)
. idM ~ ~ cJ.0\
Type or Print Name
FederallD Number: 596000431
Resolution #: R-579-15
Awardee's Fiscal Year Ending Date:
CORPORATE SEAL:
BY:
NAME: Carlos A. Gimenez
TITLE: Mayor
DATE:
I I
ATIEST
BY:
........... ; ..... .
••••• ('J () M .1J11.~', •••••
.' .\ --, ........ \;,j~ • : z-' ,.';"\f.Hq·., ~ ". : .':' /~.. .f)\ 0 \ : < r't. .. -tn---X\,·~ "':JI : ::J; GOUIHY ! ~: '0\ .. _,.._. !m:
':. \"" "~ l )J : ... (.) ··.~OJl\'O .. •·· G::I .--'. ........... ", '.. .., .... .......... ,.
TITLE: Clerk, Board.of County Commissioners
DATE: I 1
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 38
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
ATTACHMENT A
MIAMI'~ (fNmi.l~
FY 2015 Scope of Services
October 1, 2015 through September 30, 2017
Agency Name: City of South Miami
1.
2.
3.
-ACTIVITY TITLE:
lD[S#:
RESOLUTlON #:
DUNS#:
-ACTIVITY DESCRIPTION:
2a -Activity Category:
2b_ --Objective:
2e. -Outcome:
2d.· Scope of work (Attached)
-APPROVED BY BCC,
Other Funding Source and Amount:
4. -FY 2015 FUNDING REQUESTED:
5. -HUD INFORMATION:
5a. -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 applicable
Type of Worlc:
o Building o Residential
SW 64th Street, between SW 57 th Avenue and 62 nd Avenue
R-S79-1S
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 571~ and 6211<1 avenue.
Public Facilities and Capital Improvement
Sustainable Living Environment
A vailabil ity/ A ccessibitify
Amount: $336,000 Source: CDBG FY, 2015
$84,000 City of South Miami
$336,000
3K
LMA 570.208(a)(2)
570.201(c)
Public Facilities
76.04
6130 Sunset Drive South Miami, FL 33143
South Miami
7
·0 Highway o Heavy
II. Set aside units different from total units
12. INSURANCE REQUIREMENTS:
Project l\1anager: 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
HCD Manprer. (Signaturc) Datc
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 LF).
-Signing and Pavement Markings, including new bike lane symbols and sharrows.
-Landscaping
-New concrete curb type "D" 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 / Action Steps
FY 20 IS, Quarter 3
April 1,2015 -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 20 IS, 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 Al
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 II..OnLraC'l: lIeVelOpmen~ t'nase
1.1.1 suomittal OT scope and budget Agency 100.00 8/1/15 8131/15
scope and budget review by Public Housing and
1.1.2 Community Development (PHCO) Project Manager (PM) Project Manager 0.00 9/1/15 9130/15
prepare and assemble contract with Attachments A to H
1.1. 3 1(24 efr 92.504) Project Manager 0.00 9/1/15 9/30/15
1.1.4 submit contract for agency signature to execute Project Manager 0.00 10/1/15 10/15/15
u.s 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 11/15/15 12115115
submit required Enviromental Review '(ER) form (see
1.1.7 attachment 0 in the Contract) Agency 0.00 7/1115 12131/15
1.1.8 environmental review process Environmental Specialist 0.00 7/1115 1/31/16
1 es~one eVlew
1.2 re~ vevelopmenL rase
1.2.1 submit required insurance certificate Agency 0.00 2/1/16 2/15/16
1.2.2 Environment clearance letter EnVironmental Specialist 0.00 211/16 2115/16
1M es[one f'(eVleW
1.3 VO"~N re~ DIu rase
1.3.1 Select consultant from City's CCNA list Agency @ 0.00 2/15/16 3/15/16
1.3.2 Approval of consuitant by City Commsission (:) 0.00 2/15/16 3115116
1.4 ,UDmiC U""~N comract Tor , ............ evlew
1.4.1 Submit executed design contract for PHCD review IQ 0.00 3/15/16 3/30/16
1.5 .nas.
1.5.1 Development of Construction Documents (6 u.uu 4/1/16 10130/16
1.6 CUN' r KUC iiv" re-~Ju r-t lase
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 11/1/16 12131/16
1.6.3 review GC bid package by PHCD Project Manager 0.00 11/1/16 12131/16
1.6.4 Submit revised RFp feedback to Agency project Manager 0.00 11/1/16 12/31/16
1.6.5 Give written approval for RFP Project Manager 0.00 11/1116 12131/16
1.6.6 Pre~bid meeting Agency/Project Manager 0.00 11/1/16 12131/16
1.6.7 BidjRFP opening Agency 0.00 11/1/16 12131/16
Page 1 of 3
"''' .... ~ 0/"1/"[111:::
Attachment Al
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:
1.6.8 Check debarment list Agency 1111116 12131/16
1.6.9 Selection/Award Agency 0.00 11/1/16 12131/16
1.6.10 t"'lace oraer or IVllaml-uaoe I...onstructlon .)Ign Project Manager 0.00 11/1/16 12131/16
/Yll es~one f'(eVlew
1.7 uoml " .IIUN contract or n,-u ~eVlew
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 1/1/16 212912017
1.7.3 PHCD Review GC contract / check debarment list Project Manager 0.00 1/1/16 2129/2017
1.7.4 Give agency written approval for subcontract Project Manager 0.00 1/1/16 2/29/2017
1.7.5 Certificate of Insurance Construction Manager 0.00 1/1/16 2/29/2017
1.7.6 Payment af performance Bond Construction Manager 0.00 1/1116 2/2912017
Submit copies of State, County and City Licences and
1.7.7 Certicate of Competencies Construction Manager 0.00 1/1/16 2129/2017
1.7.8 Submit W~9 Request for Taxpayer 10# Construction Manager 0.00 1/1116 2/29/2017
Milestone Review
1.8 IW"-' ~u,' ,u,' enase
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 3/31/17
1.8.3 obtain permits Agency 0.00 3/1/17 3/31/17
I' -7 INFRASTRUCTURE IMPROVEMENTS ONLY
11. Y. 1 IIVIOIJIlzatlon IAgency v.vv ql'I" 5/30/17
U.L maintenance or traTTiC Agency 0.00 4/1/17 5/30/17
1.9.3 submit payment request Agency 0.00 4/1117 5/30117
1.9.4 remove asphalt pavement Agency 0.00 4/1/17 5/30/17
1.9.5 submit payment request Agency 0.00 4/1117 5/30/17
1'·'·0 I UaVIS-l:Sacon lOmplalnCe lJ..I.gency v.uu
1'·'·1 I uramage Agency u.uu ql l.l " 4/30/17
1.'.b CUrl.) inlet Agency 0.00 4/1/17 4/30/17
1.9.9 pipes Agency 0.00 4/1117 4/30/17
1.9.10 submit payment request Agency 0.00 4/1/17 4/30/17
1'·'·11 11J3vlS-tiacon lomplalnce Agency u.uu
.,. '" ailing Agency u.uu 01 'I J.I 6/30/17
1.9.13 construct concrete crUD Agency 0.00 6,1,17 6/30/17
1.9.14 submit payment request Agency 0.00 6/1/17 6/30/17
I]. ~. 1, iuav,s-oacon c.omp,alnce IAgency . u.uu
Page 2 of 3
as of 9/2112015
Attachment Al
I 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:
r'.lO I ::.ffipmg -a-n-Cf5Igns -IAgency u.uu 11>1 J., 7/15/17
1. Y. 17 pavement markers Agency 0.00 7/1117 7/15/17
1.9.18 reflective pavement markers Agency 0.00 7/1/17 7/15/17
1.9.19 submit payment request Agency 0.00 7/1/17 7115/17
, .'.LV I uavls~oacon l..omp amce gency 0.00 'll./" 7/15/17
, I.Y.LI IL •n IAgency U.UU 7/16/" 7/31/17
I.'·U l'uU IAgency u.uu , I 7/31/17
2.1 aructpanr; t.l1gIDlllry I"'r ase
12.1 1
determine that each participant is income eligibLe by
determining the famity's annual income. Agency 0.00 8/1117 8/31/17 If appl
i
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 8/31/17 If appl
2.1.3 Census Tract and Block Group Information Agency 0.00 8/1117 8/31/17 If appl
IMTles,on. XeVTew .
2.2 amp (;'~lan a>e
, ,.2.1 submit final progress report Agency U.UU 10/1/17 10/10/17
1 2.2 .2 submit payment with final release of liens Agency 0.00 9/1/17 10131/17
!2.2.3 final walk thru All 0.00 9/1/17 10131/17
12.2.4 Certificate of completion Agency 0.00 9/1/17 10131/17
2.2.5 project completion form Agency 0.00 9/1/17 10131/17
2.2.6 construction close out All 0.00 911/17 10/31/17
2.2.7 report accomplishment in lOIS PHCD's complaince unit 0.00 10/1/17 12131/17
2.2.8 submit project close letter to agency PH CD's complaince unit 0.00 10/1/17 12/31/17
Milestone Review
Inspection of set aside unlts 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 PH CD inspector 0.00
Inspection of set aside unlts PHCD inspector 0.00
-•
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-PHCO
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
S 420,000.00
ATIACHMENT B
CITY OF SOUTH MIAMI
CDBG FY 2015
SW 64th Street, between SW 57th Ave. and 62nd Ave. (Bike lanes)
DETAIL BUDGET
October 1, 2015 thru September 30, 2017
pp NonrPHCD PHCO 2015 Total All Sources
0410 PERSONNEL -Employee
Regular-Salaries
Position #1
Position #2
PosItion #3
Sub-Total Salaries
4010 Fringe Benefits
FICA (salaryX7.65%)
Sub-Total Fringe
Total Personnel
Contractual Services
21011 External Audit
21012 Environmental Audit
21030 Other Prl?fessional -Design
21030 Other Professional SVC
22350 Bottled Water
25330 Rent 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 / Outside Vendors
Total Commodities
Capitol Outloy
90 Construction
Signage
Infrastructure Improvements
Total Capital Outlay
ITOTAl BUDGET
SOURCES OF OTHER FUi'IllNG
City of South Miami
$ $ -$
$ -$ $
$ -$ $
$ -$ -$
$ -$ -$
$ -$ -$
$ -$ -$
$ · $ $
$ -$ -$
$ -$ 60,000.00 $
$ · $ · $
$ -$ -$
$ -$ -$
$ · $ -$
$ -$ 60,000.00 $
$ · $ -$
$ · $ · $
$ · $ -$
$ · $ -$
$ -$ · $
$ -$ -$
$ -$ -$
$ -$ · $
$ -$ -$
$ 84,000,00 $ 275,000.00 $
$ -$ 1,000,00 $
$ · $ -$
S 84,000.00 $ 276,000.00 S
I $ 84,000.00 I $ 336,000.00 I S
TOTAL AMOU NT
$ 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 and hold harmless the County and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees
and costs of defense, which the County or its officers, employees, agents or instrumentalities may
incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature
arising out of, relating to or resulting from the performance of this Agreement by the Government
entity or its employees, agents, servants, partners principals or subcontractors. Government entity
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. 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
~IA.H'S;, · .. ·,"1 ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FYZO
--------,--------_ .. __ ._-_._----" .•. -, .. _-.
! Section I: General Information
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 Inform-ation At the time the Awardees has been paid or otherwise received fifty pe~cent (50%) and seventy
! percent (70%) of the Agreement Funds, the Awardees reporting these expenditures must submit documentation to show that Awardees has
I accomplished 50% and 70%, respectively. of the Activities de:S,-,cc.ri=b=ed=he::,-=:ei",n::. __________________ .
A B C D E F G H
Actual Reimbursed Projected
Total Expenditures Cumulative Projected Cumulative
Category Approved Expended Cumulative Cumulative Percentage Expenditures Expenditures Budget [Through end of [This Quarter] [Through end of this quarter} [B&DJ {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 PHeD.
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.
CBl141S1712
1 of 3
.~J.AH,:r) ,.,J .,,'
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION :. ______ ~ •• _____________________ ._ ••• ________ •••• ________ o,_. ____ ·w _____ • ________ ,",, __ ._·_ ....... __ , _, •• ___ ._, _~ __ ,_. ____ • ___ •••• _. __ ' __ • _. __ •• _____ • __ •
1. Activity Status: 0 Cancelled 0 Underway 0 Completed
2. Environmental Status: 0 A=Exempt 0 C=Completed 0 D=Underway
3. Is this activity still in compliance with the original project schedule? 0 Yes 0 No
!Section III: 0 Work-;;;-P-;:~9r;;s[On.goi~g-A-;;tivi;i~~-;-O·A~c-;;,:;;pli~hm~-~t-N;;;ati;;;,-[Act,;"ity-C-~;.;;p;~tedj-'--,
i Check appropriate box and reference the Scope of Services, Included in your contract, as the basis for reporting the :
i work in pro.~ssg!_"£cornP_'is!.:edii'~i:lrief [larrati~~.!.'!.rma!jll A.tt~c.~_l>_c0f',,_<>f_Servi.c-"~J. .. __ . ____ .. _ ... _. ___ . _._. __ . ..;
Section IV; Other Supportin-;iEffort~·--··l. ___ . ________ . ______ . ____ ... _ .. __ .. _ _ ___ ~_ ......... _____ .. _. __ ............. _._
Provide a description, using quantifiable data, of all other supporting efforts that have begun, partially implemented, or I
completed during this ~erio~_. _. _____ ... _____________ .... _ .. ______ ~. ___ ...... ________ . ___ ~_ ... ___ . __ . ________ .
Section V: Problems Encountered
Provide a brief description of any problems or delay~ encountered during this period or antic_ip,-a_t_ed_. __ ~~~~~~----,
----~~~~~~----~ Section VI: Technical Assistance i
L-___ ~-~-~-----------~.----------~
If your organization has a need or anticipate a need for technical assistance during this period, please describe the
nature of the assistance required.
Section VII: Performance Measurement
'Notes: A Supplemental Perfomnance & Benefit Data Report must be submitted if any actual achievements are
reported during this reporting period and all HOME funded projects must submit applicable activity set~up form.
I\ccomplishment Type: 0 People [01J 0 Households [04J 0 Businesses [08J 0 Organizations [09J
o Housing Units [1 OJ 0 Public Facilities [11 J 0 Jobs [13J
~ational Objective: 0 Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA] -Dr-0 Direct Benefit [e.g. LMC, LMH, LMJ]
People Households (LMH activities on y)
Total People Low/Mod Total Households Low/ Mod Female Headed
'rojected Goal
~ctual This Quarter
\ctual Cumulative
lie al eDit Attached Y I i'l Pertonmance & Benefit D ta: 3Uflflle:, Ilt ~ fJ a
] Housing -or-0 Public Service & Administration -or-0 Capital Improvement & Public Facilities
COl14151712
2013
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
(H;;using units-.~~-hi~;~=~=-;,ts:1rY~~_J:::l~~-_~~_=~==-=-=_-_~==_.-.--_=.=:_==:_.=-:=._~ __ :===-.
Supplemental Report Attached YIN _______ 0 Performance & Benefit Data: Housing
i:J';i.-;-or B~;inesses '---Achieve~~nts~-0 Ye; 0 NO----··-------· -------------------------------------------~-----,
LILl'~' whati"JI:~~~c?'2:'e~_hment type ?_ 0 Job~_..::~~~_ .0 ?usiflessiO_s ___ . ____ ... _______________________________________ . _______ .. 1
Total Job Count Total Weekly Hours Percent
I--:-:-~'--j~-:-:-~d-eh-~-:-~-Iu-a-rt-e-r-t---'"""·· (n)~:":~."O, I '''''_'.' ()'~o" "0' _ ~_o_ W~!"'"l
Actual Cumulative t _-1 _
Assistance to Businesses Projected Goal Actual This Quarter" Actual Cumulative
New Businesses
'Existing Businesses
Total
Supplemental Report Attached Y J N ___ _ o Performance & Benefit Data: Economic Development
PERFORMANCE CERTIFICATION: 0 This certifies that No Accomplishments occurred during this Quarter.
Initials
NOTE: Submittal of Supplemental Form -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: ------::--O--:7C------Title: ___________ Date: _____ _
Print Name
Signature of Certifying Official: __________ Title: ____________ Date: _____ ~
FOR PHCD USE Ot,jL Y :.,. .. Activity lOIS Number: _____ _
Report 0 is J 0 is not complete • Report 0 is lOis not accurate
Initial review for completeness and accuracy completed by -Name: ___ --,,---_=,------
Project Manager
Name: ____ -::-_~----Date: ____ _
Supervisor
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to an D a
. roVI e pena les or a se or fraudulent statements.
This material is available in an arrnssih1e foanat "pon reqoest Cllf'l"/Sf712
3 of3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
Recipient Name:
Activity Name:
lOIS # : _________ Activity Category: ________ _
HUD Activity Matrix Code: Accomplishment Type: . _____ _
HUD Matrix Code Description: _______ _
PROJECT TVPE: : .' : ' ':
AC~OM!,LISHMENT UNITS -,c. .-.
COMPLETED: -'i.::.; /,'.;' ,
o Acquisition / Disposition o Structures' 0 Parcels # of Structures ---o Clearance / Demolition o Structures' 0 Parcels # of Parcels
o Street Improvements Persons Served' Low/Mod Income # of Facilities
o Public Facility / Type: Persons Served + Low/Mod Income # of Persons Served
o Building /Type: Facilities' Persons Served + Low/Mod Income # of Low/Mod Income
o Other Capital Improvement /Type:
[indicate below]
Persons Served + Low/Mod 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
With Improved' Access to this service or benefit
With access to a service or benefit that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted. ____ 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 access to Public Facility orlnfrastructure that is No.Longer Substandard
Nole: This field must equal the number in Tolal Persons Assisted. ____ Total
Homeless persons given overnight shelter .
Number of beds created in overnight shelter or other emergency housing
NEIGHBORHOOD REVITALIZATION STRATEGEY AREA (NRSA) INFORMATION
Is this activity located in a NRSA? DYes DNa
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami-Dade County's website -Services Near
You: hftp:llgisweb.miamidade.gov/CommunitvServices/ . A copy of the printout must be included with this report.
'rovide the following information:
NRSA # of Clients Served # of Clients Served
CDI1S151712V
1 of 3
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 / Zip Code -or -Folio Number is there is no street address
DIRECT BI!NEFIT DATA: [] PI!RSONS..,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.
Report Period Totals Cumulative I YTDTotais
Race Ethnicity .Rac~. '. . EthniCity
Racial Categories Total Number # Hispanic ' Total Number . '. # Hispahic
White [11] . .... .' " ..
Black / 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 [17] .
Black / African American & White (18]
.. " . .. .
American Indian or Alaskan Native & Black / .. .... ':/
African American [19] . .. .
, ....•.
Other J Multi Racial (20J
Totals .' .
OTHER DIRECT BENEFIT INFORMATION
Report Period Totals .Cumulative} YTD Totals
Income Levels Total Number Total Number
Extremely Low (30% or less) : ...... ' .. .,'
Low (31% -50%) .. . '.:' .. '
Moderate (51% -81%) ':, .. .. ':':." ..
Non Low/Mod (81 % or greater .:' ", ,', .... :: . ..
Totals . ..... '. ' ... ':'
. .
AREA BENEFIT INFORMATION
Census (C) or Survey (S) Data Used: ___ _
Total # of Low/Mod in Service Area:
Percent of Low/Mod in Service Area:
Census Tract:
Census I ract
Census Tract:
Block Groups:
Block Groups:
Block Groups:
If (S), enter # of Low/Mod & Total Population:
Total Low/Mod Universe Population in Service Area:
CDi15/5171l'V
2 of 3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY20
: .. :. '" ' ,PART 3 • LeVERAGING OF FUNDS [Other· funding Sources!: )'\ ',. ..,' ,: " . '. . .
$ 1. CDBG Funds $ 5. Other Federal Funds
$ 2. HOME Funds $ 6. State I Local Funds ------
$ 3. ESG Funds $ 7. Private Funds
$ 4. Section 108 Loan Guarantee $ 8. Other:
Name of Funding Source
$ Total Funds
r-----_.. "-:~-"",--::----::-:-=-:-c--C--:-C=c:-c---"Cc---c-__ --:-i I@ REQUIRED ATTACHMENTS [if applicable]: 1) Certificate 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) Docu.f':enta!i"n ... a." ... described in the~o.~!,:act or Scope of Services, O! as instructed by the County.
Report Prepared by: ______ -::--:-:-' _______ Title:
Print Name
Date:
Signature of Certifying Official: ____________ Title: _________ _ Date: _____ _
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Age/Icy OIlile UJJil&u Slates is gaMy 01a feJoIIj. Siale law may also pfovftJa panaRlas tor taiSe or fraudulent statements.
® .. " . .).' This material is available in an accessjble format! 'pon reqlrpst CO!f515171?1I
3 of 3
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
-~ ................................. , ..................................................................... _-. .. -----~~-.-----,.-----------.---,.--------~. · ~~~~~~~:-----·F-·--~~=~~=_-:.~~.
£Ll~!!ing Source / Y~~ _. _______ _
Amount/IDIS #
Proiect Location . · ------------_._.
• -••••••••• _ ••••••• , ••••••••••••••••••••••••••••••••••••••••••••••••••• " .................................• ,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 HUD to be LMI persons; for example:
o Abused children,
o Battered spouses,
o Elderly persons (family whose head, spouse, or sale member is a person aged 62 or older),
o Severely disabled,
o Homeless persons,
o Illiterate adults,
o Persons living with AIDS,
o Migrant fanm 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 DOCUMENTATION-NO EXCEPTIONS
• PHCD General CDBG Intake Eligibility Form (Must be Attached)
'Services Near You Print Out (Must be Attached)
(http://gisweb.miamidade.gov/CommunityServices/
1. Biscayne North
2. Cutler Ridge
3. Goulds
4. Leisure City/Naranja
5. Model City
6. Opa-Locka
7. Perrine
. 8. South Miami
9. West Little River
Yes No
o o o
Yes
o
o
o o o
No
o
o
NOTE: SHOULD ANY OF THE ABOVE NOT BE PROVIDED QUARTER I Y PROGRESS REPORTS Will BE IlETIIRJ>lED TO
THE AGENCY AND WILL BE CONSIDERED NON·COMPLIANT
Page 1 012
PHCO SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
[] 3. Required DocumentaJion: -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 COBG 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 (AFOC) 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 SSA/SSI or Veteran's Benefits 0 0
* Proof of Retirement Income (Must be attached for Senior Programs) 0 0
, Other Income 0 0
Prepared by (Print) Agency Official Signature and Date
NOTE: SHOULD ANY OF THE ABOVE NOT BE PROVIDED, QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO
THE AGENCY AND WILL BE CONSIDERED NON-COMPLIANT
Page 2 of2
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 & Vllhite o Asian & White 0 Native Hawaiian/Other Pacific Islander o Other: Multi Racial
o American Indian or Alaskan Native & Black/African American
Yourself and all
INCOME VERIFICATIONDATA
The assistance you receive is detemnined in part by the size of your household and your income. All income and assets will require
verification before eligibility will be granted. Income includes all money coming into the household from all persons over 18 years old.
Wages, salaries, tips, commissions; Self-employment income; Retirement, Survivor, or Disability pensions; Social Security or
Railroad retirement; Supplemental Security Income, Aid to Families with Dependent Children (AFDC), Temporary Assistance to
Needy Families (TANF), Food Stamps, or other public assistance, or public welfare programs; Interest, dividends, net rental income,
or income from estates or trusts; and any other sources of income received regularly, including Veterans' f:JA) payments,
unemployment compensation, alimony, and child support must be disclosed.
Household Member Source of Income Gross Monthly Amount Received
1. $
2. $
3. $
4. $
5. $
Income Eligibility Acceptable Documentation: Copy of Pay Stubs (from previous employer), Aid to Families with Dependent
Children (AFDC) or Temporary Assistance to Needy Families (TANF) Official Printout/letter, Food Stamp Official Printoutf/etter,
Leiter confimning amount of unemployment benefits received, proof of child support or alimony, proof of SSNSSI or Veteran's
Benefits, or proof of refirement inoome. MUST ATTACH A COpy OF DOCUMENTS -NO EXCEPTIONS,
I, the undersigned applicant, do hereby authorize to verify my personal records, including
(N:rneq~
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 confidential.
BY MY SIGNATURE, I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE. I AiM AWARE THAT IF I MAKE ANY V\>1LLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY
OTIiER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED V\>1TH FINES DR
IMPRISONMENT OF UP TO FIVE (5) YEARS, OR BOTH, UNDER SECTION 1001 OF TITLE 18, UNITED STATES CODE, AND I
ALSO MAY BE SUBJECT TO CIVILAND/ORADMINISTRATIVE PENALTIES AND SANCTIONS,
SiynalHre of Applie8"! Date
Page 1 012 CD/17/51712N3
I CDBG INCOME ELIGIBILITY
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
24 CFR 570.208
Activit![ classified under famil~ size and income 24 CFR 570.208\.at(2)(i)(B) 24 CFR 570.506(b)(3JQii)
AcJivity 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 124 CFR 570.3
l Family means all persons living in the same household who are retated by birth, marriage or adoption. ,
i Household means all the persons who occupy a housing unit. The occupants may be a single family, one person living alone, l
• two or more families living together, or any other group of related or unrelated persons who share living arrangements. l ! Income. For the purpose of determining whether a family or household is low-and moderate-income under subpart C of this j
i part, grantees may select any of the three definitions listed below for each activity, except that integrally related activities of the :
i same Iype and qualifying under the same paragraph of 570.208(a) shall use the same definition of income. The option to \
choose a definition does not apply to activities that qualify under 570.208(a)(1) (Area benefit activities), except when the 1
recipient carries out a survey under S70.208(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) Annual income as defined under the Section 8 Housing Assistance Payments program at 24 CFR 813.106 (except that if !
the CDBG assistance being provided is homeowner rehabilitation under 570.202, the value of the homeowner's primary 1
residence may be excluded from any calculation of Net Family Assets); or :
Estimate the annual income of a family or household by projecting the 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 asset i
l enhancement derived from the CDBG-assisted activity shall not be considered in calculating estimated annual income. i , . i 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. :
1 Low-and, moderate-Income person means a member of a family having an income equal to or less than the Section 8 low-!
; income limit established by HUD. Unrelated individuals will be considered as one-person families for this purpose. l
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. i
, Low-income person means a member of a family that has an income equal to or less than the Section 8 very low-income i
:_ limit established by HUD. Unrelated individuals shall be conside!.ed 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 can:
be by mail, fax, or email. It must be clearly evidenced that it Was received from the source. . '
Income Limits for Fiscal Year 2015-16 (Effective 03/06/2015)
2 $16.,250 $27,100 $43,550
3 $20,090 $20,090 $48,750
4 $24,250 $24,250 $54,150
5 $28,410 $28,410 $58,500
6 $32,570 $32,570 $62,850
7 $36,730 $36,730 $67,150
8 $40,890 $40,890 $71,500
Waming: TWe 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Aa,encv ai' the United States is guilty of 8 felony. Sta~ law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request.
2012 CD/17I51712N3
-M1AH)-D PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
t:SU.u.t List of Persons Assisted (Public Service)
Supplement to Quarterly Expenditure and Progress Report
Dale: '" ::; ;~: R~p~o,~j'~·g'~P,e~i.o,:d: " ·,':?':;"i':":
1 st Quarter (Jan -Mar] 0
Recipient Name: Actiyity 2nd Quarter [Apr -Jun] 0
Name: 3rd Quarter [Jul -Sept] 0
lOIS Number: 4th Quarter [Oct -Dec¥Annual Report [ ]
1. Persons Assisted 2. Status 3. Address 4&5. NRSA
es! htto:lll!jsweb.mlamidade.go~/-CommunitvServ·
Last Name First Name New Existing House Number Direction Street Name Street Type o Lives in a NRSA? Name ofNRSA
1 D D DYes DNa
2 D D DYes DNa
3 D D DYes DNa
4 D 0 DYes DNa
5 0 0 DYes DNa
6 D 0 DYes DNa
7 0 0 DYes DNa
8 D D DYes DNa
9 0 0 DYes DNa
10 0 0 DYes DNa
11 D D DYes DNa
12 0 0 DYes DNO
13 D 0 DYes DNO
0 0 , DYes DNa 14
15 0 0 DYes DNa
INSTRUCTIONS
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 lives in one of the NRSAs,
s. If yes, view NRSA map at http://gisweb.miamidade.gov/CommunilySeroJices/ to determine correct NRSA location and fill in the name of the NRSA Goulds, Leisure City, Melrose, Mode! City,
Opa-Locka, Perrine, South Miami, West UtIle River, Biscayne North or Cutler Ridge.
Warning: Title: 6, US Code Section 1001, stales that a perSQn who knowingly end willingly makes felse orfraudulenl slatemenls 10 any Department or Agency of the United Slales is guilty Qf e felony. Stata law may also provide penalties
lor false Of IraudlJlenl slatements.
~Th' '1' 'Ibl' . ,.,~,.,.,. , ,S ma\~r:'l 1£ a'l,1I a ,e in IOn acceSSIble 'orms! upon request.
PageOotO CD123/12513N3 I
MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is
to foster the implementation of environmentally compatible activities. As a grant or loan
recipient, Miami-Dade County will not fund projects that will negatively impact clients,
communities, or the environment.
Part I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
o CDBG o HOME o HOPE VI
o HOMELESS (SRO/SHP) o EDI o NSP
2. Indicate Fiscal Year: FY'20~'_
3. Name of SubrecipientiAgency:
4. Name of Proposed Activity:
5. location (Address with City, 5T and.Zip) of Activity or Project:
6. Site Folio Number(s):
7. Commission District(s):
B. Direct Contact information of loan/grant recipient:
1"'= Address:
I State:
I Fax:
I Zip: City:
Phone:
9. Detailed description of activity or project:
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc .
. -------------------------------.-.-----------.---.---
---_. _._---. __ .
11. What is the status of activity or project? For example, Pre-Development Phase,
Rehab/Construction UndeIWay, Rehab/Construction Completed, etc.
Part II. PROJECT OUTCOME
1 I Will the activity or flfoject result in the 0 lowing?
YES NO
1. Chanqe in use
2. Sub-surface alteration (Le. excavati~
3. New construction
4. Renovation or demolition
5. Site improvements (utilities, sidewalk, landscaping, storm
drainaqe, parking areas, drives, etc)'
6. BuildingirTljlrovements (windows, doors, etc.)
7. Displacement of persons, households or business
8. Increase in population workinq or livin!1 on site
9, Land acquisition
10. Activity in 100-year fioodplain
11. A new nonresidential use generating at least 1,375,000.
qalions of water or 687,500 qallons of sewaqe per day.
12. Use requiring operating permit (ie. 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 01 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
Does 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:
ODes the activity include new cDnstruction, renovation or rehabilitation?
DYES o NO
If yes,
photographs must be provided of each side (front, rear and sides) Df the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
information:
• Existing structure(s) on site? DYES o NO
• Estimated age of structure(s)?
4. Value of Improvements:
ODes the proposed activity include rehabilitation or renDvation Df structure(s)?
DYES o NO
If yes, what is the estimated cost of rehabilitatiDn or renovatiDn? ________ _
What is the amDunt 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 Dr more of the market value of the structure(s)
3
1.
2.
3,
4.
5.
6.
7.
5, Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
DYES o NO
If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be
submitted to determine the likely presence of eithe'r 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 through the Department of Permitting Environment and
Regulatory Affairs (OPERA), Florida Department of Environmental Protection (FDEP) and
U,S, Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed? DYES o NO
6, Environmental Health Information:
• If a residential site, and the activity inclUdes or involves rehabilitation, has it been inspected
for defective paint surfaces?
. 0 YES 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 site (including day care
facility)?
Hazardous waste disposal facility?
Storalle of hazardous materials on site?
Abandoned structurels) on site?
o NO
YES NO
4
f-
I ,
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan,
3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized
budget describing the major components of the rehabilitation program planned, and a photograph
of the property.
4, For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V, CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I
clearly understand that any omitted 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 _14th Floor
Miami, Florida 33136
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity EXEMPT* CENST" CEST*"
Economic Development
New Construction
Rehab X'
Non-Construction/Expansion X
Housing
Single Family Rehab X
Multi-Family Rehab X'
New Construction
Homeownership Assistance X
Affordable Housinq Pre-Dev. X
Capital Improvement
Handicapped Access X
Public Facilities X'
y'
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
Stpportive 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/43/31413
Publish
FONSI and
NOIIRROF
90 Days
Minimum
HIAK'fs' ~. PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
Fe-defal Employer )def'liIfitauon Number(FEIN)
) , .
Q ----A) Na of E ty. Indlvidual(S). Partners or Corporation B) Doing Business As (If same as line A, leave blai1~
/~/:'x2 Jlnst± D",VL ~gv1k Il1iun-t:
sir et Address {P.O. Box Numoor is no1 peO'nit(ed) Cily
1. MIAMI-DADE COUNTY OWNERSHIP DISCLOsURE AFFIDAVit
(Seu. 2·8.1 of the Miaml·Dad& County Code)
__ llm __ _
Counfry
FInns registered to dD business with MiamI-Dade County, sh.all require the person contracting or transacling such business with
the County to disclose under oath his or her fu)J legal name, and business address. Such contract or transaction sh(lt! also require
the disc{?sure under oalh of toe full legal name !'ind pusiness address of all indivjduals having any iRI~~st (I~al, equitable.
beneficial or otherwise) in lhe contract other than subcontractors. materialmen; suppliers, laborers or lender9. Posl office box
addresses shall not be accepted hereunder. I( the contract or business transadk>n is. wilh a C{)Iporation ttle foregoing information
shall be provided for each officer and dIrector and each stockholde( holding. diret;t!y or indirectly, five (5) percent or more of Ihe
outstanding stock in the corporalio.n. If the contract Or business transaction is with a partnership, the foregoing Information shall
be proviQ~d for each paftner. If the contract or business transaction is with a trust, the for€:going Information shalf be provided for
the trustee and each beneficiary of the trust. The foregoing distlosure requirements shall not 3pply to contracts with publicly·
traded corporations, or to contracts with the United States or any dep-artment or agency there(lf, the State or any polilical
subdivision or agency thereof, o~ atlY. municipality of this Sta1e. Use duplicale page if needed-for additional names,
If no officer, dlreclor orstockhoJder owns (5%) or mow of stock, pf(Jase write "None" below.
PRINCIPALS I
FUll LEGAL NAME TITLE ADORESS
.
OWNERS CHECK BOXES BELOW
GENDER RAC_E/ ETHNJCIT'(
e.
:J:
::1 h w .~ FULL LEGAL NAME 'TITLE ~ ADDRESS M F g ~~ .~ ~" ... _0
0 "-x • c TI H ~ 0 ~ roe
" iii '" ~~ :J: , " :;:
It 8 percentage of the firm is owned by e publicly traded corporation, ind;cale befow i" the space ·OtherCorporation~
OrnER CORPORATIONS
Page 1 019 CD/42/~1413
:;;
~
i:)
\
MIA.K~~ ~1~1iii' PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
2. MIAMI-DADE COUNry EMPLOYMENT DISCLOSURE AFFIDAVIT
(County Ordinance No. 90-133, amending Seclion 2.8-1 (d) (2) of the Miami-Dade County Code)
The foUowlng information Is for compliance ,wnt)" all items ;n the aforementioned Sec.bon:
1. Does your firm have a collective bargaining agreemont with Us cmpklyees? Yes No
2. Does your fifT)'l provide paid heaHh care benefits for its employees? Yes No
3, Provide .a current breakdown (number of persons) in your firm's work force indicating race, national origin and gender.
NUMBER OF EMPLOYEES ._ ..
Ma!es females
White 1--_ ... _-----.-.
81acK
~-
Hispanic r----~
.. -
Asian J Pacific Islander
-. ._._--
Native American I Alaskan Nalive
Olher
Total Number of Employees I
Total Employees
3. MIAMI·DADE EMPLOYMEHTDRUG-FREE WORKPLACEAFADAVlf
(Section 2-8.1.2(b) of (he Miami-Dado County Code)
AlI'persons and enlilies that contract with MiamI-Dade County-are requIred to certify that they wi!! maintain a drug-free workplace
and sum pe'rsons and £IntlUes.are required to ptovlde notice to employees and impose sand.lons for drug violations occurring in
the workplace.
In compliance with Ordinance No. 92~15 of the Code of Miami.Dade County, the above named firm is providing a drug-free
workplace. AwrlUen statement to each employee shallinfonn the employee aboul:
1. Danger of drug abuse in the workplace
2. The fif71l's policy of maintaining a drug-free erlVi~onrnent at all work places
3. Availability of dCU9 counsellng. rehabilitation and emp!Qyee assistance programs
4. Penames thai may be imposed .upon employees for drug abuse violations
The 'firm shilll also require an employee to sign a statement, as a condition of employment tnat the employee wit! abide by the
taims of the drug-free wotkplace policy and notify the employer of any criminal drug convictiun occurring no later than five (5)
days aftef receiving notice of such [;onvlction and Impose appropriate personnel action agaInst the employee up to and including
termination. Firms may also comply with lhe County's Drug Free Workplace Certification where a person or entity is reqt!ired lo
have a dfUg·free workplace policy by another local, state Of federal agency, or maintains such a policy of Us own accord and such
policy meets the intenl of thIs ordinan~.
4. MIAM~DADE COUN rY DISABILITY AND NON·DISCRIMINAnON AFFIDA VlT
(Article 1, Section 2.8.1.5 ResoJutkm R-182-00 Amending R-385-9S of the Miami-Dadf1 Counly Code)
Firms transacting business with Miami-Dade County shall provide an affidavit Indicating compliance with all requirements of Ihe
Americans with Disabilities Ad (A.DA).
I, state thai this firm, is in compliance with and agrees 10 continue to comply with, and assure that any SUbcontractor, or lhird party
contractor shall comply with all applicable requirements of tile laws Inc!uding, but nO! IimJted 10, those provisions pertaining to
employment. provision of programs and servfces. transportation, communications •. ~cceS$ 10 facilities, renovations. and new
constnlction.
The Am<!rican wHh Dlsablll1les Ad 011990 (A.DA), Pub.l. 1 01·336, 104 stat 327,42 U.S.C. Sed~ns 225 and 611
Indudlng Titles I, II, III, IV and V. .
The Rehabilitation Act of 1973, 29 U.S.C. SecUon 794
The Federal Transit Ad, as amended, 49 U.S.C. Section 1612
The F~ir Housing Act as amended, 42 U.S.C. Section 3601:-3631
Page 2 of 9 CD/42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
J herebyaltinn that I-am in comoliance with the below seclions:
Section 2-10.4(4)(8) of the Code of Miami-Dade COUlIfy (Ordinance No. 82-37), which requites that all plOperly licensed
architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Miami-03oo
County
Section 2-8.1,5 of the Code of MiBmi-DBde County, which requires thai films thai have allilual gross levenues In exceSs of five
(5) million dollars have an affirm alive 8elion plan and procurement policy on file wjth Miami-Dade County. Firms lhal have a
Board of Directors Ihal are representative of the population make-up of the oation may be exempt.
$. MIAMI-DADE COUNTY DEBARMENT DISCLOSURE APFIDAVIT
(Section 10,38 of the Miami-Dade County Code)
Firms wishing to do business with Miaml·Dade County muSI certify that ii's contractors, subcontmclors, officers, principals,
stockholders, or affiliates are not debauoo by the County before submilling a bid,
I: confirm Ihat none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami-
Dade County.
6. MIAMI.DADE COUNTY AFFIDAVIT RELATING TO INDIVIDUALS AND ENl1T1ES ArrESTING BEING CURRENT IN THEIR
OBUGATIONS TO MJAM~DADE COUNTY
(OrdinsnCIJ 99-162, amending Section 2-B.1; Ordinance 00·30. amending Section 2-8.1 (c), and Ordinance 00·67, amending 2-8. 1
(h), of the Miami-Daoo County Code) ;
Films' wishirlg to transact business with Miami-Dade county must certify that all delinqut:nt and c.urrenlty due fees, taxes and
parking tickets have been paid and 110 individual or entity in arrears in any payment under a contract, promissory note or other
document with the County s.hall be allowed to receiVe any new business.
I, confirm that 0111 delinquent and currently due fees or taxes Including, but not limiled 10, real and personal property taxes,
cofwentlon and tourist development taxes, utility taxes, and local BLlsiness Tax Receipt collected in the normal course by the
MIami-Dade COunlyTax Colleclor and County issued parking tickets for vehicles registered In the name of the above firm, have
been paid.
7, MIAMI-DADE COUNTY CODE OF BUSIN£SS HHICS AFFIDAVIT
(Article 1, Section 2-8.1(i) Or the M'ami..fJade County Cede through (6) and (9) of the County C<lcf& and County Ordinance No 00-1
amending Section 2-t1.1(c) of/he County Code)
Firms wishing to Iransact business wah Mlami-Dada County must certify that it has adopted a Code that complies with the
requirements of Section 2·8.1 of the CounLY Code. The Code of Bl,Islness Ethics shan apply 10 aU business that the contractor
does with the County and shall" at a minimum: require the contractor to comply with all applicable ,governmental rules and
regulations.
I confirm that this film has adopted a Code of business elhics Which complies with the requirements of Sections 2-8,1 of the
County Code! and that such code of bu~ness ethics shall apply 10 all bus/nes:> that this finn does with the County and shall, at a
minimum', require the contractor to comply Witb all applicable governmental tules and res~lattons.
6, MIAMI-DADE COUNTY FAMIL Y LEAVE AFFIDAVIT
(Article VofCh8pter11, oflhe Miami-Dade County Code)
Flrms contracting buslnQ$s Wjth Mlam~Dade County, which have mOle thart fIfty (5D) employees for each working day during
each of.tw-enty (20) or more work weeks In the current or preceding calendar year, are required to certify that they provide family
leave to 1heir employee~.
Firms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter
(signed by an authorized agent) t~at it does not have the minimum number of employees requIred by the County Ctlde.
I confirm that if applicable! this finn-complies with Artfcle V of Chapter 11 of the County Code, which requires that firms
contracting' business with Miami-Dade County whIch have more than fifty (50) employees for each working day during each of
twenty (20) or more work weeks in the current or preceding calendar year are required to certify that they provide (~mlty 'a~ve to
Page 3 019 CD/42/31413
"
•
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
9. MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Section 2_8.9 of the 01 Ow Miami-Dade County Code)
AK applicable contractors entering inl0 a contract with the County shall agree 10 pay the preva"lijng rlv'lng wage requl/ed by this
section of Ihe County CodG~
I confirm that if appficable, this firm complies with Sedlon 2-8.9 of the Counly Code. which requires fhat all applicable employers
entering a contract with Miami-Dade County shall pay the prevailing living wage required by lhe section of the County Code
10. MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT
(Arlir.:/e 8, Sec/ion 11A-60-i1A-67 of Ihe 01 lhe Miami·Dade County Code)
Firms wishing to transact business wjlh Miami-Dade County must certify lhat il 'IS in compliance with the Domestic Leave
Ordinance.
1 confirm that [f applicable, this firm compiles wHh the Domestic leave OrdInance. This ordinance applies to employers that have,
in the regular course of business, rrlty (50) Of more employees working in Miami-Dade County (or "each worKing day during the
current Of preceding calendar year.
11, MIAMI-DADE COUNTY CRIMINAL RECORl! AFFIDAVIT
(Seclion 2-8. 6 of the Miaini-Dade County Coae) /
The individUal cir entity enlering into a Contract or receiving funding from the County __ has _V __ h has nol as of the date' of
this affidavit been convided of a felony during the past ten (10) years. ,/
An officer, director, or executive of the entity entering into a con~tact or receiving funding from the County _' __ has _./_ "has
oot as of this dale been convicted of a felony during the past ten (10) years. .>'"
----
(Signature)
Sworn to and subscribed'before me this __ ~_J __ day ol_-,-(2_{_:G-,~+=--,-,"-' ___ ,20 /3-,-
Personally known,_/_~_" ____________ -------7'.-----:;-
Or produced identification ___________ Notary PUblic-State 01
----:=:----;-:--:--;;-:-c:;--;-----------My commission eXpires
(Type of identification)
%~0
oet /4,.;JtJ//,
IMHI/.L(;MCIk 'l/1 0( Q-/LcA9
MY COMMISSl{\~ I FF ':o:teftctC:y::pe=-d07or"s"t::am=p-C.:;d-=",::m=m"js=s:Cio"n"e"d-:n::,=m"e"-o"f-=n"o"C'a::ry=p-Cub"'l"-ic"j--
EXPIRES: OC'.OtIa~ 10. tl$
OoodM lhrU '.k"::r' PcbllC lJ(IdefW!li
Page4of9 CD/42/31413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS ..
by
~r __ ~~~~~~~J",~~~,~~~c·~n~'~~~~~~ ______ ~~ __ ~ ___
(Print name of entity submitting sworn statement)
whose business address is ia/3 6
and if applicable its Federal Employer Identification Number (FEIN) is S2_;;~b(t9. If the entity
has no FEIN, include the Socia! Security Number of the individual signing this sworn statement.
2.-I understand that a "public e('lity cri;ne" as defined in paragraph 287.133 (1) (g), Florida Statuies, means a
violation of any state or federal law by a person with respect to, and directly related to the transactions of
business with any public entity or with an agency or pOlitical subdivision of any other state or wilh the United
States, including, but not limited to any· bid or contract for goods or services to be provided to public entity or
agency or political subdivision of any other state or of the Un lied States and involving antitrust, fraud, Iheft,
bribery, collusion, racketeering, conspiracy,' or material misinterpretation.
3.-I understand that "convicted" or "conviction' as defined in Paragraph 287.133 (1)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or wilhout an adjudication of guilt, in a federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, non-jury tnal, or entry of a plea of guilty or nolo contendere.
4.-1 under~tand that an 'Affiliate' as defined in paragraph 287.133 (1)(a), Florida Statutes means:
a) A predecessor or successor of a person convicted of a public entity crime or;
b) An entity under the control of any natural person who is active in the 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 Ihe
management of an affiliate. The ownership by one person of shares constituting a controlling interest in
another person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement. shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 moths shall be considered an 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 Jaws of any state Or of the United States within the Jegal power to enter
into a binding contract and which.bids or applies to bid on contracts for the provision of goods or entity. The
term "person" includes those officers, executives, partners, shareholders, employees, members, and agenls
who are active in management of ,m entity. .
Page50f9 CDI42131413
11IAH'~
0"J2iti 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 the entity submitting sworn statement, nor CJny of its officers, d"lrectors, executives, partners, ~lOlders, employees, members, or agents who are active in the management of lhe entity, nor any affiliate
of the entity has been charged wilh and convicted of a public enlily crime subsequent to July 1, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partn-ers,
shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of
the enlity, or an affiliate of the entity had been cllarged wilh, and convicled of a public enlily crime subsequent
to July 1, 1989, AND (please indicate which additional slatement applies).
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partl)ers,
shareholders, employees, members, or agents who are active in the management of the entity. nor any affiliate
of the entity 11as been charged with and convicted of a public enlity crime subsequent proceeding before a
Hearing Officer of Ihe Stale of Florida, Division of Adminislrative Hearings and the Final Order enlered by the
Hearing Officer determined that il was nol in the public interest to place the entity submilting Ihis sworn
stalement on the convicted vendor list. (attach a copy of Ihe final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTRING
INTO A CONTRACT IN EXCESS OF THE. THRESHOLD AMOUNT PROVIDED IN SECTION ·287.017
FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN E11"li""6RMATION CONTAINED IN
TillS FORM.
(Signature)
./-
.d/ {;d _.nil-/ S~
Sworn to and subscribed before me this _____ day of ___ ~-+-------. 20 __ .
. Personally known_..-/ __ ·' ___________ --------z:c----:---;:--
Or produced identification ___________ Notary Public-State of ""9-z.I ..t.dOtJ
--::c::----cc;--;-----c:;:---:::--:----------My commission expires tf/c.,PI? ,. .;;tY?
(Type of identification)
pageGof9 CD/42/31413
.. \lAMI!!)
'?'''''''"ill''' ':'0 ...... 1 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,SHUD 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 nnanclal obligalions with Miami-Dade County?
YES ____ _ NO/
If YES, please explain:
3,-Are you a retative of Or do you have any business or financial interests with any elected Miami-Dade County
officiat, Miami-Dade County Employee, or Member of Miami-Dade County's Advisory Boards?'
YES __ _ NO J
If YES, please explain:
Any Jalse Infonnation provid,:e",d20!LJL","::~'ldavit will be reason for rejection and disqualificalion of your project-funding reque~t 10 Miomj·Oade
County
The answers 10 t going ques' s are correctly slaled to the best of my k09wledge and belief.
/
By: --::!i~~~PiiCaiii)~-fApplicant)
Sworn to and subscribed before me this r:;;;>/ day of _=-C4-=-~--~" 20 /..:5:-
Personally known._~c-__ ' __________ ----------:0--...--,,---,;-
Or produced identification __________ Notary Public-State of -'--L-"'''7T=''-='=
/~ ;;):!J/ I
(Type of identification)
ed, typed or stamped commissioned name of notary public)
CDI42131413
!1IAMIE!) ~. PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHr:O)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
COLLUSION AFFIDA VIT
(Code of Miami-Dade County Section 2-8.1.1 and 10-33.1) (Ordinance No. 08·113)
BEFORE ME, A NOTARY PUBLIC, personally appeared _\S~'! 1 A~~JWhO being duly
sworn states: (insert name of affiant)
I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am
an owner, officer, director, principal shareholder and/or! am otherwise authorized to bind the bidder of
{his contract.
I s,te thai tile bidder of this contract:
T:J is not related to any of the olher parties bidding in the competitive solicitation, and that the
contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of
any person not therein named, and that the contractor has not, directly or indirectly, induced or
solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to
refrain from proposing, and that the proposer has not in any manner sought by collusion to secure
to the proposer an advantage over any other proposer.
OR o is related to the following parties who bid in the solicitation which are identified and listed below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract
award. Iii the event a recommended contractor identifies related parties in .\he competitive solicitation its
bid shall be presumed to be collusive and the recomm·ended contractor snail be ineligible for award
unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control
and management of such related parties in the preparation and submittal of such bids or proposals.
Related parties shall mean bidders or proposers or the principals, corporate officers, and managers
thereof which have· a direct or indirect ownership interest in ·another bidder or proposer for the same
agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a
direct or indiree! ow Ip Interest in another bidder or proposer for the same agreement. Bids or
By:
Signature of Affiant
rl ~I 20/.r
. Date
proposals found ecollusi e shall be rejected.
Printed Name 01 Amant and Title
. 2..ii-.iu!LJ!2JQJ:iJ3 IL,
Federal Employer Identification Number
(If, 6)/ JduM Ut thni'
I M,CtWl ,"1
I Address of Firm
Page B 019 CDJ42/314n
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
, Uniform Affidavits /}
SUBSCRIBED AND SWORN TO (or affirmed) before me this d / _ day of ~o~ .:5;:-
He/She is per~ona!ly known t~r has presented _______ as
--Identification. '-..-._-_._-_ .... .-.--_.--Type of identification
(G, ~_' __
,
I Signalurf,0f ,No tar),:,? _ ' ,
/--Uhl//) 't2l.--(2d;{1"4!J-
Piint or Stamp Name of Notary
!2 prial Number /7 ,. , &.. ~L/
, Expiration Date
Notary Public -State of __ '~Z~ .
Notary Seat
Page 9 of 9 CD/42/31413
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8.1 (c) ()f the Code of Miami-Dade County. as amended by Ordinance No. 00-30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h) of the Code of Miami-Dade County, as amended by Ordinance No.00-57)
I, .SbJtJ1 .J:J1kt",IW , being first duly sworn, hereby state and certify that the
foregoing statements are true and correct:
1. Thall am Ihe Developer (if the Developer is an individual), or Ihe «~ !lit<ILC<:o?-<f:(fill in the litle of
the position held with the Developer) of the Developer. (j
2. Thai Ihe Developer has paid all delinquent and currenlly due fees or taxes (including but nol limited. to,
real and personal property taxes, uliiity taxes, and occupational taxes) collected in the normal course by
the Miami-Dade County Tax Gollector, and County issued parking tickets for vehicles registered in the
name of the above developer, have been paid.
3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final
non-appeasabie judgment, or lien with Miami-Dade County, or any of its agencies or instrumentalities,
including the Public Health Trust, either directly or indirectly through a firm, corporation, partnersllip or
joint venture in which the Deve!oper has a conlrolling financial interest. For purposes hereof, the term
"enforcement lbreshold" means any arrearage under any individual contract, non-appeal able jUdgment,
or lien with Miami-Dade County that exceeds $25,000 and has been delinquent for greater than 180
days. For ~ ere of, the term "controlling financial interest" means ownership, direclly or
indirec ,0 ten percent or more of the outstanding capital stock in any corporation, or a direct or
in . ect interest of ten ent or mOre in a firm, partnership, or other business entity.
BY:_--:;=,"e7-~;o--;----
ig ature of Affiant
tl.~d<:?/ ,20 /,b
Date
(iliu;4r7 J. Ifharv:{if 0,(, .J(tUt~ J/?,tlcJ ,() I~ !/31 LI-.-J-.-J .
Printed Name of Affiant ind Tiller Federal Employer Identification Number
Cr/9 t?fr#lh i{u,---n.";
I I ,.
Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me this bJ/ day of t2~ ,20 / J,~
By .siJeu,o!J Ilt,k?Mc;/ .. Ji.~SheiS ~~_~~!~_~nown to me or has presented
___ ~_-:;,-_=,,-=-;c,,-____ as identification.
j) . . Serial Number
r2 {j7 4, ;J:!/ 2
Print or Stamp Name of Notary . . Expiration Date.
Notary Public-State of r(J2dy~
Miami-Dade County
Contractor Due Diligence Affidavit
Per Mi3mi-Dacie County Board of CoUJ}ty Commissionel"S (Board) Resolution No. R-63-14. CotJnly Vendors and Conlradars shall disciose Ihe foJlowing
as a condilion of award for allY conlIad lha! exceeds one m'~I;on do~ars ($1,OOO,OOO) or thai otherwise must be presenled 10 the Boald fOf apPfOval:
(1) Provide a list of aU lawsUits in the five (5) years prior 10 bid or propose! submiitallhal have been filed against the firm, its OIredors, p;Jltners,
principals <3nd/or board members based on a breach of con!.racl by the firm; include the case name, numbet and disposition:
{2) Provide-a list of any inslances in the five (5) yeats jAicr 10 bid or proposal submillal where Ihe firm has defaulted; fncllJde .a brief descripllOf' of
the circujTIslances;
(3) Provide a list of any inslances In the five (5) Y€iltS prior 10 bid or proposal submittal where the firm hilS Men debafJed Of received a formal
notice of non~p)j3l1ce or mm-peifofm~nce, such as a notice lQ cure or a suspension from participating or bidding (Of contracts, whether
related 10 Miami-Dade County or not
All of the above Information shall be atlached 10 the executed affidavit and 5ubmiHed to Ihe Procurement Contracting Officer (peG)/ AE Selection
Coordinalor overseeing this soijcitatioo. The Vendor/Contractor altesls 10 providing all or the above information, if applicable, 10 the PCO_
COhuad No. : ._-------
Federal Employer
ldentilication Number (FEIN):
Contract Title: .~-----~~~.---.----
S~nalura of Affiant
Dale
lJp Code
Notary Public -Siale of
No'tart Publit /niormiltion ~, '.--I~e-<Lt. -_~.<.~_. =,-",,,,' ",' .",50= ____ Counlyof
S·ub~cribed and sworn fo (or alfirmed)befac me thls __ ..;v",---, __ day of,
tJ,.e or she Is personally known to me ~ Of has produced Identification
Jype of Idenli&.lkin produced
Signal,," of tat)' Public
d&/v11 2~//}-
Pliot or SI.mp of Nolary Pu~lc
~'.
M.AMJra IN!1lli1
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
ETHICS DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS
l\pplicant: City of South Miami -------_.--------Mailing
Address:
6130 Sunset Drive, South Miami, FL
Co-Applicant: N/A Zip Code 33143
E-mail Address: jkorth@southmiamifl.gov Telephone: 305-668-2514
The Miami-Oade County Conflict of Interest and Code of EthicS at Sec. 2-11.1 (c)(5)(5) allows County Employees and their
Immediate family members to apply for direct housing assistance programs from the County's Public Housing and Community
Development department (PHCD) if they meet certain conditions and if the following criteria are mel. Check if any of the
following applies to you:
1. Please mark the PHeO Program you a-re applying for:
0 Section 8 Housing Choice Voucher (HeV)
0 Project-Based Voucher (P8V)
0 Veterans Affair Supportive Voucher (VASH)
0 Moderate RehabilItation
0 Substantial Rehabilitation
0 Shelter Plus Care (S+C)
0
0
n
0
0
0
Public Housing Rental
Tenant-Based Rental Assistance (TBRA-maximum 2 years)
Home-ownership Program (Second Mortgages)
Home-owner Rehabilitation Program
Home-owner Be<'}utification Program
Other (please list): _~~_B<,:.~ __ . ____ . _______ _
2. Mark the type of participation you are seeking for the program marked above:
o
3. []
4_ []
Owner/Landlord o Housing Assistance Applicant
----.-----~-----.. ------------
l!we do not currently work for Miami-Dade County,
IIwe amfare a Scllool Board or Federal Employee. These ,empfoyees are not covered under Section 2-11.1 of
the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance.
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
IIwe am/are a Miami-Dade County Employee (including Jackson Public Health Trust Employees),
Please provide the department and division you are working for:
IIwe amfare an appointed or elected County Official.
Itwe am/are "'immediate family to a Miami-Oade County employee, appointed or elected official.
r)/mmediate family is defined as spous.e, domestic partner, parents, stepparents, children and stepchildren.
Please provide the following information regarding the Miami-Dade County employee, appointed or elected
official:
Name of employee, appointed
or elected offie'lal:
Department, Division, or
Board:
IF YOU MARKED BOXES 5, 6, or 7, THE APPLICANT MUST OBTAIN THE REQUEST FOR OPINION APPLICATION AT
THE APPLICATION MUST BE FULLY COMPLETED AND
Signature O~f
Applicant: --::::---""'b.----------
Date: 5
Signature of
Co-Applicant· /V/fJ
Warning: Title 18, US Code Section 1001, states that a person who knowingly and Wl1lingly makes false or fraudulen't statements fo any
Department 0/ Agency of the United States is guilty of a felony, Slate law may also provide penalties for false orfraudulenl statements.
AlCIAMICNC0I1/62414N4
~l\ Souih~Miami
THE CITY OF PLEASANT LIVING
DISCLOSURE ABOUT RELATED P ARTlES
August 20, 2015
THERE ARE NO BOARD MEMBERS OF THE CITY OF SOUTH MIAMI WHO HAVE ANY
RELATIONSHIP PR HA VE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT
MIGHT RESULT IN A CONFLICT WITH THE CITY OF SOUTH MIAMI OPERA TrONS.
City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093
305.663.6338 I southmiamifl.gov
CERTIFICATION REGARDING LOBBYING
Certificatio-n for CoD.tracts, Grants, Lom.1S :tnd CQopcr;,tive Agreements
111~ undersigned certifies, to tlJe best of his or her knowledge and.bclief, that:
1. ,·No Federal appropriated funds have been paid or will be paid, by or On behalf of tile
,undersigned. to any person for inIluencing or attempting to influenc.e an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an cmployee of a Member of Congress Ul connection with tile "warding of any
Fcderal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal~ amendment) or modification of any Federal contract, grant, Joan, or
Coopc-T1l..tive agreement.
2. If any of the funds other ihan Federal appropriated funds have been paid or will be
paid to any person for influenclllg or attemptulg to influence an officer ,,,employee
. of any agency, a Member of Congress, an officer or employee of Congress, Or 'UI
employee of a Member of Congress in comlcction with this Federal contract, grant,
loan, or cooperative agreement, the undersigued shall complete and submit Stand,,,d
Form LLL, "Disclosure Form to Report LDbbying," ill accorda.']ce with its
instructions.
3. The undersigned 'shall require that the language of this certification be included in
1/le award documents for al1.subawards at all tierS (including subcontracts, subgr!ll1ts,
and.contracts under grants, loans, and cooperative· agreement in excess 0[$100,000) .
. . 'and that aU suhrecip;ent,; shall certify and disclose accordingly.
4 . This certification is a matelial represclltation of fact upon which reliance was placed
. when this transaction was made or entered into. Submission of this celiitication is a
prerequisite for making or entering into this (rallsaction imposed by section 1352,
title 31, U.S. Code. Any person who fails jo file the required certification shall be
subject to a civil penalty of not le3' than $10,000 and not more thall $100,000 for
eacb such failure. ~
Dy: ~ ~
(Slgnllfl.lre Qf AUlhoriurl Repnsl':llftlllvc) <:::::
Print:
,
Title:
Date:
County Construction Sign
(Only areas circled are subject to change)
g GOB a NON GOB
4' x 8' Construction Signs
D In Ground
D A-Frame 1 Sided D A-Frame 2 Sided
Email this form to:
Brian Williams: brianw@miamidade.gov
and Hernan Lopez: lopezh@miamidade.gov
ATTAGIlMENT F
Services Ticket
[ J
1 ___ .---_-----1
Quantity required L ___ ~ ~
Project Manager
Name: ____________________________ _
Department: ______________________ __
Address: __________________________ _
Phone Number:
Index code
Project Name
f1~~~~~>-____ i-__________ ~rP-r-~~·e_c-t-N-u-m--b-er--------------------~--.
Sign is 4' X 8' with 12' post
Place check mark in box after
Once location has been marked
. submit signage request form
District Commissioner
Check jf ARRA Funded Q Yes Q No
Must indicate Federal Department and I or
State Department if applicable
Other Funding Source
For GOB Projects only
Sign location address
Plus specific location of sign placement
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
(Ordinance 97-35)
.~-----.-••• ----~-.---__ oJ
FAIR SUBCONTRACTING PRACTICES
In compliance wilh Miami-Dade Calmly Ordinance 97-35, the Developer submits lhe following
detailed statement of its policies and procedures of awarding sUbcontracts:
I hereby certify that the foregoing information is ~f;o"".~ __
~:~:~tUd~~L:;;entalive: Date: __________ _
Firm Name: ~f 'J-rlA idA 0--,--,,-' Fed. 10 No: 57-/v()rJ() <;3/
Address: & /3 0 (~I JeT &, ,f ~-:
City: Ii (a~ State:-'--f?L--=~ __ Zip COde:.~5?"'-=---.I_/-'-y-3-----
Telephone: dil)M&Jl -d 51() Fax: (-..1 _______ _
COl39/31313
(~')
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. Purchases of, or contracts for, materials, supplies, equipment,
improvements or services for which funds are provided in the budge~ 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 requirements.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 thon $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 shall require that the City Manager obtain
quotes from at least three different vendors. Single purchases or contracts in excess of
$25,000.00 shall not be broken down to amounts less than $25,000.00 to avoid the requirements
of this subsection. Purchases more than $5,000.00 but less than $25,000.00 require:
-Approval by the City Manager before the expenditure is made or funds
committed.
-A minimum of 3 written quotes from 3 different vendors unless piggybacking off
an existing governmental contract which was part of an acceptable competitive
bid process
-City Commission approval
Purchases in exceSS of $25,000.00. Purchases in excess of $25,000.00 shall be in compliance with
the competitive bidding requirements, Purchases in excess of $25,000.00 require:
-Competitive bid process unless piggybacking off an existing governmental contract
which was part of an acceptable 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 Ory CCmmiss-lon in FY 2015 may be adopting a PurdJosinr Ordinance which will supersed~ the Purchosing PeRcy. within the F(
2015 Budget Document
CITY OF soum MIAMI BUDGET FY 2014-2015 20
ATTACHMENT H
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
Firm Name 01 Prime ContractorlDeveloper _""''-'-f-='-'----':..-=-__ . __ ._,_.:.I.:..U:c~_.:. _c ... '-"--__ : ... ~· _____ . __ ..... ________ _
This 10rm,"O[ a comparable listing meeting lhe requirements of Ordinance No. 97-104, MUST be completed
by lhe developers on Counly conlracls for purchase of supplies, rnalerials or services, including prolessional
selVlces which involve expendilures of $100,000 or rtlOre, and all developers on Coun1Y or Public Heallh
Trust conslructioncontracts which involve expenditures of $100,000 or more. This lorm,or a comparable
tlstlng meeting Ihe requirements of Oidlnance No. 97-104, must be completed and submitled even
though the developer wiH not utilize subcontractors or suppliers on the conlrac!. Tho developer
should enter the word "NONE" under the appropriate heading on this form In those Instances where
np subcontractors-or suppliers wilt be used on the contract, The developer \ivho is awarded the contract
shall nol change or subslilute lirst liar subcontractors, direct suppliers or tile porlions of the contract work to
be performed, or materials io be supplied Irom those Identified, except upon wrillen approval althe. County.
I certify .that the representations contained in this Subcontractor/Supplier Listing are to the best qf my knowledge
Irue and accurate.
Si9nattka'te"Clo-p-er"C(s"C) ----
Date
Print Ti1l0
Au -Representalive
(Duplicate if addlJlona.1 space Is needed)
Page t ot t CD/63131413N