Res No 004-18-15036RESOLUTION NO. 004-18-15036
A Resolution authorizing the City Manager to execute the FY2017
Community Development Block Grant (CDBG) Agreement with Miami-
Dade County for the City of South Miami Gibson-Bethel Community Center
Restrooms Renovation Project.
WHEREAS, the City of South Miami was awarded a grant for the City of South Miami
Gibson-Bethel Community Center Restrooms Renovation Project from Miami-Dade County, by
and through its Office of Grants Coordination, in the amount of approximately $70,846 with an
expiration date of September 30, 2019; and
WHEREAS, the Gibson-Bethel restrooms need renovation and the project cost IS
approximately $129,000; and
WHEREAS, the City will contribute in an amount of approximately $58,154 from its
approved 2018 Budget CIP Accounts: Gibson-Bethel Community Center Improvements Account
No. 301-2020-572-6450 with a current balance of $83,085 with the amount of $10,000; and the
Citywide Parks Master Plan Improvements Account No. 301-2000-572-6450 with a current
balance of$618,161 on the amount of$48,154; and
WHEREAS, the Mayor and City Commission authorize the City Manager to execute the
Community Development Block Grant (CDBG) agreement with Miami-Dade County's Office of
Grants Coordination and accept the funding amount of approximately $70,846 for the City of
South Miami Gibson-Bethel Community Center Restrooms Renovation 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 the CDBG agreement with
Miami-Dade County's Office of Grants Coordination for the South Miami Gibson-Bethel
Community Center Restrooms Renovation Project, with an expiration date of September 30,
2019 and accept the funding amount of approximately of $70,846. 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: This resolution shall be effective immediately after·the adoption hereof.
PASSED AND ADOPTED this 1 6 ~day of January ,2018.
APPROVED:
1)¥itJ~
MAY
Res. No. 004-18-15036 COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
2
THE CITY Of PLEASANT LIVING
To:
FROM: -
VIA:
DATE:
SUBJECT:
BACKGROUND:
GRANTOR:
CITY OF SOUTH MIAMI
OFFICE OF THE CITV MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
Angelica Bueno, Planning & Sustainability Administrator ,
January 16, 2018 Agenda Item No.:L
A Resolution authorizing the City Manager to execute the -F,Y20 17
Community Development Block Grant (CDBG) Agreement with_Miami-
Dade County for the City of South Miami Gibson-Bethel Community
Center Restrooms Renovation Project.
Miami-Dade County, by and through its Office of Grants Coordination,
awarded the City of South Miami for the amount of $70,846 under the
Community Development Block Grant (CDBG) Program_ The grant
provides funding for the Gibson-Bethel Community Center Restrooms
Renovation Project.
The project will consist of the renovation of four (4) restrooms and at a
cost of approximately $129,000; the City will contribute approximately
$58,154 from its 2018 Budget CJP Accounts_
The grant period began on October I, 2017 and shall expire on
September 30, 20 J 9.
Miami-Dade County Office of Grants Coordination -Local Granting
Agency
PROJECT AMOUNT: $129,000.00
$70,846 GRANT AMOUNT:
CITY'S CONTRIBUTION: $58, 154.00 From 2018 Budget CIP Accounts: Gibson-Bethel
ATTACHMENTS:
Community Center Account No_ 301-2020-572-6450 with a balance of
$83,085 in the amount of $10,000
And, Citywide Parks Master Plan Account No. 301-2000-572-6450 with
a balance of $6 18, 161 in the amount of $48, 154
Resolution and Miami-Dade Contract
December 12, 2017
Mr. Steven Alexander, City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Public Housing and Community Development
701 NW 1 st Court, 16th Floor
Miami, FL 33136-3914
T 786-469-4100· F 786-469-4199
miamidade.gov
Re: FY 2017 Community Development Block Grant (CDBG) Contract in the amount of $70,846.03 for
the Renovation of Gibson Bethel Community Center
Dear Mr. Alexander:
Enclosed is your FY 2017 contract(s). In order to fully execute the contract, you must return the following
documents:
.!. Five (5) of the (6) six original contracts executed by the authorized person(s)
.!. Board of Director's Resolution approving the funded amount and authorizing execution of
the contract with Miami-Dade County
.!. One set of the original completed Authorized Signature Form
.!. One set of the original completed Affidavits and Attachments
Only the individual(s) authorized legally by your agency's Board should sign and date all five contracts.
Please do not date the sentence that begins "IN WITNESS THEREOF, the parties hereto ... " on the
Signature page. The date can only be inserted by Miami-Dade County. Additionally your organizations'
corporate seal must be affixed to all copies returned to PHCD.
Please review your contract and all corresponding attachments. Please sign the contracts in blue ink
only and return to me no later than December 29,2017.
Should you have any questions or require additional information, please contact me at (786) 469-2220.
~~
Letitia S. Goodson
Project Manager
Enclosures
cc: Contract file
Resolution Number: R-1046-17
Duns Number: 24628976
Awarded Amount: $70,846,03
CDBG 2017
Non-Profit
FY 2017 COMMUNITY DEVELOPMENT BLOCK GRANT
CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami-Dade County, a
political subdivision of the State of Florida, hereinafter referred to as "County" and City of South Miami, hereinafter
referred to as "Awardee" and having offices at, 6130 Sunset Drive, South Miami, FL 33143, and telephone number of
(305) 668-2510 states conditions and covenants for the rendering of Community, Economic or Housing activities
hereinafter referred to as "Activity or Activities" for the County through its Public Housing and Community
Developmenthereinafier referred to as "PHCD," and having its principal offices at 701 N.W.1 Court, 14th Floor, Miami,
Florida 33136, collectively referred to as the "Parties,"
WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and
welfare of the residents throughout the County a; and
WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and
Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable
urban communities; and
WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities; and
WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous
of providing such activities; and
WHEREAS, the County has appropriated CDBG funds (plus any Program Income awarded by the Board of
County Commissioners, which may be added to the Contract by Amendment) to the Activity Renovation of Gibson
Bethel Community Center located at, 5800 SW 66 Street, South Miami, FL 33143. All CDBG funds, except those
awarded to County Departments and municipalties, are awarded in the form of a loan that is forgivable if the national
objective is met pursuant to the terms and conditions set forth herein, including but not limited to Section II, W(2)(a)(1)-
(2); and
WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services", in Miami-Dade County or the focus area(s) of the county.
NOW, ther~fore, in consideration of the. mutual covenants recorded ~erein, the parties hereto agree as follows:
EFFECTIVE TERM
OF AGREEMENT:
AMOUNT OF AGREEMENT:
I. DEFINITIONS
PHCD
24 CFR Part 570 -CDBG
Regulations
Awardee
This Agreement shall begin on October 1, 2017.
This Agreement shall expire on September 30,2019.
Subject to the availability of funds, the amount of funds which may be disburse, in
accordance with this Agreement, may not exceed $70,846.03.
Public Housing and Community Developmentor its Successor
Department.
Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended -Community
Development Block Grant.
Recipient of CDBG funds from Miami-Dade County.
Page 1
Community Development
Corporation
Local
Low-and Moderate-Income
Individual or Family
Very Low Income Individual
or Family
Contract Records or
Agreement Records
Effective Term
of Agreement
Federal Award
OMS A-133
Property
Policies and Procedures
Manual
Subcontractor or
Subconsultant
Subcontract
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of law-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 J>lace of
business located in Miami-Dade County from which the Contract or
Subcontract will be performed.
A person or family whose annual income does not exceed 80% of the
median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
A person or family whose annual income does not exceed 50% of the
median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Any and all books, records, 'documents; information, data, papers,
letters, materials, electronic storage data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed, maintained, completed, received or compiled by
or at the direction of the Awardee or any subcontractor in carrying out
the duties and obligations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, maps, pamphlets, designs, electronic tapes, computer
drives and diskettes or surveys.
The Effective Term of this Agreement is the duration of time listed
above as the "EFFECTIVE TERM OF AGREEMENT".
Any federal funds received by the Awardee from any source during the
period of time in which the Awardee is performing the obligati~ns set
forth in this contract.
OMB A-133 shall mean as amended, replaced or supplemented from
time to time.
The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any real
property of Awardee or Related or Affiliated Entities (as defined herein)
acquired or improved upon with funds awarded pursuant to-this
Agreement or on which funds awarded pursuant to this Agreement are
anticipated to be used.
PHCD's Policies and Procedures Manual flk/a Contract Compliance
Manual may be viewed and downloaded at
http://www/miamidade.gov/housing/community-development.asp
Any individual or firm hired on a contractual basis by the Awardee for
the purpose of perfonming work or functions cited on the Action Step
Format (Attachment "A1) of this contract.
Any contractual agreement between a Subcontractor and the Awardee.
Page 2
II. THE AWARDEE AGREES:
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 NW. 1 Court, 14th fioor, Miami, Florida 33136, relevant
certificate(s) of Insurance evidencing insurance coverage as detailed in Attachment B-1 (M). The
effective coverage start date of applicable insurances shall not be later than the date of the
Agreement execution and shall be approved by Miami-Dade County's Internal Services Department
prior to any reimbursement being processed. All certificates and insurance updates must identify the
names of the Awardee and the Activity being funded through this Agreement. The Awardee shall
provide Builder's Risk Insurance andlor Flood Insurance (if applicable) upon the issuance of the
Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date.
Any changes to the ,required insurance policies, including coverage renewals, must be submitted to
PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
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 temns 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(M) of this Agreement at the time that it begins
construction on the project. If the insurance certificates are scheduled to expire during the Agreement
period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the
County at a minimum of thirty (30) calendar days before such expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed certificates
are received by the County in the 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, temninate 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 hamnless 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 Awardee or its employees,
agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses
in connection therewith and shall investigate and defend all claims, suits or actions of any kind or
nature in the name of the County, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorney's fees which may issue thereon. The Awardee expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless
Page 3
and defend the County or its officers, employees, agents and instrumentalities as herein provided.
Nothing herein is intended to selVe 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 liability
beyond that provided in section 768.28, Florida Statutes. The provisions of this section survive the
termination or expiration of this Agreement. For an Awardee which is a municipality, nothing herein
shall be construed to extend the Awardee's liability beyond that provided in section 768.28, Florida
Statutes.
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
(LM/). (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with
this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant
to this Agreement in the event that Awardee fails to meet the national objective. In the event the
CDBG funds subject to this Agreement are to be used for the acquisition or improvement of real
property, the Awardee shall also be required to give the County a mortgage or other sercurity
instrument to be determined at the absolute and sale discretion of the 'County Mayor or Mayor's
designee in order to secure the loan described in this Agreement Title work and a title insurance
policy, if so required in the absolute and sole discretion of the County Mayor or Mayors designee in
order to adequately secure the loan set forth herein, shall be paid for by Awardee. Awardee
understands that the County may be liable to the United States Department of Housing and Urban
Development ("HUD") for repayment of the federal funds loaned to Awardee pursuant to this
Agreement in the event that HUD determines that Awardee has failed to meet the national objective.
AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT
TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE EVENT THAT HUD
DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County
shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee
pursuant to this Agreement.
F. Documents and Reporting Requirements
The Awardee shall submit documents to PHCD or report on relevant information to PHCD as
described below and provide any other documents in whatever form, manner, or frequency as
prescribed by PHCD. These will be used for monitoring progress, performance, and compliance with
this Agreement and for compliance with applicable County and Federal requirements.
1. Certificates of Insurance
The original certificate, as set forth in Attachment B-1(M) 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 ~eginning_ date of this agreement.
2. Progress Reports
a. The Awardee shall submit each quarter a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which
shall describe the progress made by the Awardee in achieving each of the
Activities, objectives and action steps identified herein, including but not limited to
Attachment A and Attachment A-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:
Page 4
Section I -General Information
Section II -Financial Information:
The Awardee must report expenditure information based on approved budgeted
line items to reftect 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 a~tivity.
Section III -Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments and/or delays encountered during
the implementation of the project and an unduplicated count of clients served
during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation projects
shall report on the progress of their activities including the number of housing units
completed and occupied by low_moderate and low income residents. The Awardee
shall also report demographic information on.each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report. Awardees engaged in job creation
projects shall report on the progress of their activities including the names of
businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
50% and 70% Benchmark Reporting: At the time Awardee has been paid or
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 and/or housing rehabilitation projects, Awardees shall
report on the progress of their activities including the number of housing units
completed and occupied by low-moderate and low income residents. The 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 IV -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 V -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.
Page 5
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 fonn shall be completed semiannually by the
Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
The Awardee shall submit to the County, in a timely manner, any other information
deemed necessary by the County to show Awardee has performed its obligations
set forth in this Agreement and to show U.S. HUD that Awardee has met the
national objective, and its presentation shall comply with the format specified at
the time of th~ request. Failure to submit the Progress Reports or other information
in a manner satisfactory to the County by the due date shall render the Awardee
in noncompliance with this Agreement. The County may require the Awardee to
forfeit its claim to payment requests or the County may invoke the termination
provision in this Agreement by giving five (5) days written notice of such action to
be taken.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized to
fulfill the terms and conditions of this Agreement, Miami-Dade County Resolution
No. 1634-93 will apply to this Agreement. This resolution requires the Awardees
to file quarterly reports as to the amount of Agreement monies received from the
County and the amounts thereof that have been paid by the Awardee directly to
Black, Hispanic and Women-Owned businesses performing part of the contract
work.
Additionally, the listed businesses are required to sign the reports, verifying their
participation in the contract work and their receipt of such monies. For purposes
of applicability, the requirements of this resolution shall be in addition to any other
reporting requirements required by law, ordinance or administrative order.
c. Unspecified Site(s) Objective -If the Awardee has not yet identified a location to
carry out any of the activities described in Attachment A, the Awardee shall
submit, in triplicate, Progress Reports, using the form attached hereto as part of
Attachment C, on a monthly basis until such time as the Awardee complies with
the provisions contained within Section II, Paragraph FA. of this Agreement.
Copies of the above described Progress Report shall be received by PHCD no
later than the tenth (10th) day of each month and shall address the progress
undertaken by the Awardee during the previous month. This Progress Report shall
not be required if the Awardee is submitting the Progress Reports required by
Section II, Paragraph F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report) and Final Report -The Awardee shall
submit a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress made by the Awardee in achieving each of the National Objectives identified in
Attachment A during the previous year. The "Annual Report" must cover the 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 perfonned and
achieved throughout the term of this Agreement and shall be accompanied by sufficient
documentation to show Awardee has met the CDBG National Objective. For Activities
where the National Objective is job creation, the Final Progress Report shall include
documentation sufficient to prove to U.S. HUD that Awardee met the National Objective.
Awardee shall report all Program Income earned during the year and shall pay to the County
all Program Income earned unless directed expressly, in writing, to otherwise by the County.
4. Environmental Review -The Awardee immediately upon locating or detennining a site for
each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall
Page 6
submit information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D, "Information for Environmental Review Form."
Notwithstanding any provision of this Agreement. the parties hereto agree and acknowledge
that this Agreement does not constitute a commitment of funds or site approval, and that
such commitment of funds or approval may occur only upon satisfactory completion of
environmental review and receipt by the County of a release of funds from the U.S.
Department of Housing and Urban Development under 24 CFR Part 58. The parties further
agree that the provision of any funds to the project 'is conditioned on the County's
determination to proceed with. modify or cancel the project based on the results of a
subsequent environmental review.
5. Audit Report -The Awardee shall submit to 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 Auditorthat the audit
complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMS A-133,
as may be amended from time to time, and 2 CFR Part 200.
6. Personnel Policies and Administrative Procedures -The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure, property
management and procurement policies and procedures, personnel management,
accounting policies and procedures, etc. Such information shall be submitted to 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 CDSG funds from this and previous agreements with the County
as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan -The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties -At the time of contract execution, or at any other
time at the request of the County, Awardee shall disclose to the County all Related or
Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations,
partnerships, or other business entities (a) which have a direct or indirect ownership interest
in Awardee, (b) which have a parent or principal thereof which has a direct or indirect
ownership interest in Awardee, (c) whose members appointed by Awardee, or (d) which the
County deems in its sale discretion to be a Related or Affiliated Party of Awardee. The
Awardee shall report this information to the County upon forming the relationship or, if
already formed, shall report it immediately. Any supplemental information shall be reported
quarterly in the required Progress Report. This -provision shall be construed broadly to the
benefit of the County. Non-compliance with these requirements will be considered a default,
which may result in the immediate termination of the agreement, the recovery of the entire
funding award, and the disqualification of funding through PHCD for a period of three years.
10. Reporting on financial Status, Bankruptcy. Real Property. or Personal Property -Awardee
shall notify the County in writing within ten (10) days olthe occurrence of any olthe 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.
Page 7
d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Faiiure to comply with these reporting requirements shall constitute a default and shall
entitle the County to seek any and all remedies available at law, equity and pursuant to this
Agreement.
11. Disclosure of Related or Affiliated General Contractor(s) or Subcontractor(s) -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 General Contractor(s) or Subcontractor(s).
Related or Affiliated General Contractor(s) or Subcontractor(s) shall mean any person or
entity hired by Awardee to perform any part of this Agreement and which shares an owner,
shareholder, officer, partner, member; parent, or principal with Awardee. The Awardee shall
report this information to the County at contract execution or upon forming the relationship,
if after contract execution, 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 offunding through PHCD for a period of three years.
12. Pursuant to the Miami-Dade Board of County Commissioners' Resolution No. R-34-15, the
Awardee, its agents and/or representatives, shall provide written notice to the County related
to the availability of rental opportunities, including, but not limited to, the number of available
units, bedroom size, and rental prices of such rental units at the start of any leasing activity,
and after issuance of certificate of occupancy. The Awardee, its agents and/or
representatives shall also provide the County with the contact information for the Awardee,
its, agents and/or representatives.
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 cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
Rules, Regulations and Licensing Requirements
PageS
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-11 0, OMB A-21, OMB A-133, and with the applicable procedures specified
in PHCD's Policies and Procedures Manual found at
hUp:llwww/miamidade.gov/housing/community-development.asp, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be revised.
2. The Awardee agrees to abide by Chapter II-A, Code of Miami-Dade County ("County
Code"), as amended, applicable to non-discrimination in employment, housing and public
accommodation on the basis of race, color, religion, ancestry. national origin, sex,
pregnancy, age, disability, marital status, familial status, gender identity, gender efpression,
sexual" orientation, actual or perceived status as a victim of domestic viole"nee, dating
violence or stalking, or source of income, as amended; and applicable to non-discrimination
in employment, housing and public accommodation; and 24 CFR 570.607.
3. Awardee shall comply with, and cause all subcontracts to require compliance with, Florida
Statutes, the Miami-Dade County Code of Ordinances, and all applicable building codes,
including the Miami-Dade County Building Code and any applicable municipal building
code. Failure of Awardee or any subcontractor of Awardee to so comply with these
requirements, which includes but is not limited to engaging in construction or repairs without
proper building permits or unlicensed professionals engaging in work which requires a
license, shall cause this Agreement to be voidable by the County at the County's absolute
and sole discretion. In the event the County voids this Agreement for failure to comply with
the requirements of this section, Awardee shall forfeit any right to payment pursuant to this
Agreement, regardless of when Awardee's or the subcontractor's noncompliance becomes
known to the County.
4. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended,
which prohibits discrimination on the basis of handicap and requires a minimum number of
units to be accessible to persons with disabilities; Title VI of the Civil Rights Act of 1964, as
amended, which prohibits discrimination on the basis of race, color, or national origin; the
Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of
age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination in housing on the basis of race, COIOf, religion, sex, or national origin;
Executive Order 11246, as amended which requires equal employment opportunily; and
with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires
mandatory standards and policies relating to energy efficiency. The Awardee also agrees
to comply with the Domestic Violence Leave codified as 11A-60 et seq. of the Miami-Dade
County Code, which requires an employer, who in the regular course of business has fifty
(50) or more employees working in Miami-Dade County for each working day during each
of twenty (20) or more calendar work weeks to provide domestic violence leave to its
employees. Failure to comply with this local law may be grounds for voiding or terminating
this Agreement or for commencement of debarment proceedings against the Awardee.
5. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess
of $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.CA Ch. 85) 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;
and Executive Order 11738.
Page 9
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 ofthe laws listed below including but not limited to, those provisions pertaining
to employment, provisions and program services, transportation, communications, access
to facilities, renovations, and new construction.
8. Affirmative Action/Non-Discrimination of Employment. Promotion. and Procurement
Practices (Ordinance #98-30) -All firms with annual gross revenues in excess of $5 million,
seeking to contract with Miami-Dade County shall, as a condition of award, have a written
Affirmative Action Plan and Procurement Policy on file with the Regulatory and Economic
Resources Department. Said firms must also submit, as a part of their proposals/bids to be
filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action
Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of
the population make-up of the nation are exempt from this requirement and must submit, in
writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each
board member.,.: to the County's Regulatory and Economic Resources Department. Firms
claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk
of the Board, an appropriately completed and signed Exemption Affidavit in accordance with
Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the
entities do not discriminate in their employment and procurement practices against
minorities and women-owned businesses.
It will be the responsibility of each firm to. provide verification of their gross annual revenues
to determine the requirement for compliance with the Ordinance. Those firms that do not
exceed $5 million annual gross revenues must clearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the Miami-Dade Board
of County Commissioners.
9. Domestic Violence Leave Affidavit -Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-60 of the Miami-
Dade County Code. This Ordinance applies to employers that have, in the regular course
of business, fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a contraclual 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 entitiy that seeks to do business with Miami-Dade County shall adopt
a Code of Business Ethics ("Code") and shall submit an affidavit stating that the Awardee
has adopted a Code that complies with the requirements of Section 2-8.1 (i) of the Miami-
Dade County Code (Form A-12). Section 2-11.1(d) of Miami-Dade County Code as
amended by Ordinance 00-1, also requires any county employee or any member of the
employee's immediate family who has a controlling financial interest, direct or indirect, with
Miami-Dade County or any person or agency acting for Miami-Dade County from competing
or applying for any such contract as it pertains to this solicitation, must first request a conflict
of interest opinion from the County's Ethic Commission prior to their or their immediate
family member's entering into any contract or transacting any business through a firm,
corporation, partnership or business entity in which the employee or any member of the
employee's immediate family has a controlling financial interest, direct or indirect, with
Page 10
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, shaH render this Agreement voidable. For additional information, please
contact the Ethics Commission hotline at (305) 579-9093.
11. Public Entity Crimes -Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of real property to a public entity; may not be awarded or perform work as a Awardee,
supplier, subcontractor, or c;onsultant 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 1WO ($10,000) for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list. The Awardee warrants and represents
that it has not been placed on the convicted vendor list The Awardee agrees that should
Miami-Dade County discover that the Awardee's representations regarding the list are false,
this Agreement shall be terminated on the discretion of Miami-Dade County. Further, should
the Awardee be placed on the list at any time during this Agreement Miami-Dade County
shall have the right to terminate this agreement
12. Criminal Conviction -Pursuant 10 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 infonmation prior
to entering into a contract with or receiving funding from the County." Failure of the Awardee
to disclose this information as required may lead to the termination of this agreement by
Miami-Dade County.
If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee,
is found by the responsible enforcement agency, the Courts or the County to be in violation
of the Acts, the County will conduct no further business with Awardee. Any contract entered
into based upon a false affidavit, as listed below, and submitted pursuant to this resolution
shall be voidable by the County:
1. Miami-Dade County Vendor Affidavit Form
2. Criminal Record Affidavit
3. Public Entity Crime Affidavit
4. Related-Party Disclosure Infonmation
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 finm violales 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 II, Public Services; Title III, 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;
Page 11
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement, the Awardee 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.
Section 109 of the Housing and Community Development Act (24 CFR 6)
Labor standards (24 CFR 570.603; 29 CFR Part 5).
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub recipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
13. CDBG-Related Requirements
1. National Objective -Awardee must perform the Activities described herein in a
manner in which Awardee meets the national objective of benefit to low-
andmoderate-incom~ persons. Awardee shall ensure and maintain
documentation, acceptable to the County in its sole and absolute discretion, that
conclusively demonstrates that each activity assisted in whole or in part with CDBG
funds is an activity which provides benefit to low-and moderate-income persons,
as defined in the CDBG Regulations.
2. The Awardee shall comply with all applicable provisions of 24' CFR Part 570 and
shall carry out each activity in compliance with all applicable federal laws and
regulations described therein. If the Awardee is a primarily religious entity, it shall
comply with all provisions of 24 CFR 570.200 0).
3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may 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 COBG 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, PHCD's written environmental clearance
statement and shall agree in writing to comply with any and all requirements as
may be set forth in the Site Environmental Clearance Statement.
5. The Awardee shall cooperate with PHCD in informing the appropriate CDBG
citizen participation structures, including the appropriate area committees, of the
activities of the Awardee in adhering to the provisions of this Agreement.
Representatives of the Awardee shall attend meetings of the appropriate
Page 12
committees and citizen participation structures, upon the requ'est of the citizen
participation officers, PHCD, or the 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 participation structures, upon
the request of the citizen participation officers, PHCD, or the County.
7. For activities involving acquisition, rehabilitation and/or demolition of property and
which require ~he relocation of families, individuals, businesses and/or industries,
the Awardee shall submit a written notification to the Community Planning and
Outreach Division of PHCD prior to relocating, evacuating, and/or dispersing any
and all legal occupants who reside at this property on the basis of a long or short
term lease. When the legality of an occupant (individual, family, business, andlor
industry) is in question, the Awardee shall contact the above mentioned unit prior
to making a determination. Awardees receiving 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
CDBG assisted projects. These procedures must consist of actions to provide
information and attract eligible persons from all racial, ethnic and gender groups
to the available services. The Awardee shall annually assess its affinnative
marketing program to determine if the procedures used to comply with the
requirements specified in Public Law 88·352 and Public Law 90·284 successfully
meet these requirements. The Awardee shall submit to PHCD its Affirmative
Marketing Plan no later than 60 days from the date this Agreement is executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this section
will apply throughout the regulatory period identified in the national objective.
Throughout that period, the Awardee will be required to submit an annual report
regarding their compliance with the national objective, and PHCD will have the
right to monitor the activity.
9. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
10. For Special Economic Development projects, Awardee is reponsible for
understanding 24 CFR 570.209, which describes HUD's underwriting and project
anlaysis requirements. These requirements include, but are not limited to, the
analysis of Awardee's financing gap or rate of return gap, project feasibility, and
the reasonableness of costs and Awardee's or owner's equity return. Awardee
agrees to defer to the County's analysis of the Activity as conducted in compliance
with the CDBG Regulations, including but not limited to 24 CFR 570.209, including
Appendix A, as well as OMB guidance on using federal funds. Awardee
understands that in the event that the Activity fails the analysis conducted pursuant
to 24 CFR 570.209, Awardee shall have the opportunity to renegotiate this
Agreement by modifying the Activity to improve the Activity to the County's
satisfaction or to terminate this Agreement with each party paying their own costs,
fees and damages (as applicable).
If Awardee is a municipality, the Awardee acknowledges that the County will
perform an underwriting and project analysis to determine the financing gap or rate
of return gap, project feasibility, and the reasonableness of costs and Awardee's
or owner's equity return. Awardee agrees to defer to the County's analysis.
Awardee shall have the opportunity to renegotiate this Agreement by modifying the
Page 13
Activity to improve the Activity to the County'_s satisfaction or to terminate this
Agreement with each party paying its own costs and fees (as applicable).
I. Conflicts with Applicable Laws
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted if modification is impossible.
However, the obligations under this Agreement, as modified, shall continue and all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J. Board of Directors
If the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shall not be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall:
1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement, prior
to taking any action, to schedule a meeting to receive compliance information.
2. Comply with the Awardee's procurement and pre-award requirements and procedures
which, at a minimum, shall adhere to all applicable federal standards.
3. Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act (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. Ensure that its contractors and subcontractors are classifying workers properly for Davis-
Bacon and Internal Revenue Code purposes and that they maintain proper documentation
to support worker classification. In reviewing certified payrolls, the County will be alert to
anomalies, and in such cases will consult with federal agencies such as the Internal
Revenue Service, the Department of Labor and the Department of Housing and Urban
Development.
5. Ensure that all contractors and subcontractors submit all certiied payrolls as required by the
Davis Bacon Act to PHCD through Elations software or any other method as required by
PHCD.
6. Submit to PHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
7. Submit to PHCD all construction plans and speCifications and receive PHCD's approval
prior to implementation.
Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, PHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is determined
by PHCD, in its sale discretion, to be seventy-five percent (75%) completed, At the time that
the construction work is detenmined 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.
S. The County shall have the right to assign Professional Staff and Technical Assistance from
the Public Housing and Community Developmentto assist the project if the County's staff
detenmines 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
Page 14
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.
9. 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
10. Comply with County Resoltuion No. R-346-15, establishing that the Maximum Development
Cost per Unit (as defined below) to construct, rehabilitate or acquire Affordable Housing
with these funds shall be $225,000.00, except for construction of High-Rise projects for
which the Maximum Development Cost per Unit shall be $250,000.00. "High-Rise" shall
mean Affordable Housing structures which are seven or more stories in height. This.
Maximum Development Cost per Unit shall apply to projects constructed, rehabilitated or
acquired by the County or by private or public entities using County funds, including, but not
limited to, Community Development Block Grant, Home Investment Partnership, State
Housing Initiative Program, Documentary Surtax, Building Better Communities General
Obligation Bond, or general revenue funds. The "Maximum Development Cost per Unit"
means the Total Development Cost, as defined herein, looking at all funding sources and
not just County funds, divided by the total number of units. For the purposes of detenmining
the Maximum Development Cost per Unit on construction or rehabilitation projects, the
"Total Development Cost" shall mean the total cost of completing the entire project, from
acquisition to the issuance of Certificate of Occupancy, including, but not limited to, the
costs for design, planning, zoning, variances, financing costs, legal costs, construction, and
permitting. For construction and rehabilitation projects, the cost of land acquisition shall be
deducted from the Total Development Cost. In addition, construction costs associated with
non-housing features included in a project or those not deemed by PHCD to be amenities
expected of, typically provided with or appurtenant to affordable housing units, may be
deducted from the Total Development Cost by the Mayor or Mayor's designee.
11. Awardee shall comply or provide the County with bonds sufficient for the County to comply
with Florida Statutes, Section 255.05.
L. Audits and Records
1. Nonprofit organizations that expend $750,000 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 $750,000 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 $750,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMS A-133, although their records
must be available for review (e.g., inspections, evaluations). Such agencies that receive
less than $750,000 in combined Federal awards must submit to the County annual
compilation reports that describe their perfonmance. To achieve uniformity regarding the
reporting format, such documents must comply with the accounting industry standards by
communicating an independent accountant's (1) expression of limited assurance on
FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures
(Review Report); (2) results of procedures performed (Agreed-Upon Procedures Report);
(3) non-expression of opinion or any form of assurance on a presentation in the form of
financial statements information that is the representation of management (Compilation
Page 15
Report); or (4) an opinion on an assertion made by management in accordance with the
Statements on Standards for Attestation Engagements (Attestation Report).
3. When the requirements of OMB A-133 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all program
generated income and its disposition, especially attributable to CDBG funds, an internal
control review, and a compliance review as described in OMB A-133. A copy of the audit
report in triplicate must be received by PHCD no later than six months following the end of
the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the reqUirements of OMB A-
133 do not apply the Awardee may choose to have an audit perfonmed 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 tenms 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 directty or indirectly by the County pursuant
to the terms of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement and in
accordance with 24 CFR 570.506; 570.503.
7. The Awardee shall ensu're that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8. The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such services
are described in this Agreement and defined by PHCD, each of the record-keeping and
audit requirements detailed in this Agreement. PHCD shall, in its sale discretion, determine
when se!vices are eligible substantive programmatic services and subject to the audit and
record-keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's expense.
The Awardee shall provide access to all of its records, which relate directly or indirectly to
this Agreement at its place of business during regular business hours. The Awardee shall
retain all records pertaining to this Agreement and upon request make them available to the
County for four years following expiration olthe 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 olthe audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the
Commission Auditor to all financial and perfonmance 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.
Page 16
M. Protected Records and Documents
Any person or entity that performs or assists Miami-Dade County with a function or activity involving
the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health
Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA)
of 1996 and the Miami-Dade County Privacy Standards Administrative Order. HIPAA mandates
privacy, security and electronic transfer standards including but not limited to:
1. Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non-permitted disclosures;
3. Reporting to Miami-Dade County of any non-permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and
conditions 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 Activity/Project (hereinafter referred to as "Retention
Period") subject to the limilations 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
peliormance of its obligations under this Agreement and has received confirmation from
PHCD that the Activity/Project has been finally Closed-Out in the U.S. HUD IDIS system.
Upon Awardee's request in writing for confirmation of said final Close-Out, PHCD shall
provide Awardee in writing either confirmation of final Close-Out or a list of documentation
required in order to proceed toward final Close-Out.
2. If the County or the Awardee have received or given notice of any kind indicating any
threatened or pending litigation, claim or audit arising out of the services provided pursuant
to the terms of this Agreement, the Retention Period shall be extended until such time as
the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of
PHCD, 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.
Page 17
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
similar reports, the Awardee shall provide a copy of each report and any follow-up
communications and reports to PHCD immediately upon such issuance unless such
disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports.
3. Proprietary Infonmation
As a political subdivision of the State of Florida, Miami-Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense, the
disclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement, the Awardee will not use directly or indirectly for itself or
for others, or publish or disclose to any third party, or remove from the County's property,
any computer programs, data compilations, or other software which the County has
developed, has used or is using, is holding for use, or which are otherwise in the possession
of the County (hereinafter "Computer Software"). All third-party license agreements must
also be honored by the Awardees and their employees, except as authorized by the County
and, ifthe 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.
4. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests il1..,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
perfonmance of Services under this Agreement shall not be construed as publication in
derogation of the County's copyrights or other proprietary rights.
Page 18
b) All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee and
its subcontractors specifically for the County, hereinafter referred to as "Developed
Works" shall become the property of the County.
c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized, reproduced or distributed by or on behalf of the Awardee,
or any employee, agent, subcontractor or supplier thereof, without the prior written
consent of the County, except as required for the Awardee's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its
subcontractors and suppliers grant, if the -County so desires, a perpetual, irrevocable
and unrestricted right and license to use, Quplicate, disclose ?nd/or permit any· other
person(s) or entity(ies) to use all such Licensed Software and the associated·
specifications, technical data and other Documentation for the operations of the County
,or entities controlling, controlled by, under common control with, or affiliated with the
County, or organizations which may hereafter be formed by or become affiliated with
the County. Such license specifically includes, but is not limited to, the right of the
County to use and/or disclose, in whole or in part, the technical documentation and
Licensed Software, including source code provided hereunder, to any person or entity
outside the County for such person's or entity's use in furnishing any and/or all of the
Deliverables provided hereunder exclusively for the County or entities controlling,
controlled by, under common control with, or affiliated with the County, or organizations
which may hereafter be formed by or become affiliated with the County. No such
License Software, specifications, data, documentation or related information shall be
deemed to have been given in confidence and any statement or legend to the contrary
shall be void and of no effect
5. Public Records Law
a. Awardee acknowledges that the County is subject to Chapter 119 of the Florida Statutes.
known as the upublic Records Law". As such, items considered to be public records under
the Public Records Law related to this Agreement shall be disclosed by the County upon a
public records request in accordance with law.
b. IF THE AWARDEE HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, flORIDA STATUTES, TO THE
AWARDEE'S DUTY TO PROVIDE PUBliC RECORDS RELATING TO
THIS AGREEMENT, CONTACT THE PHCD CUSTODIAN OF PUBliC
RECORDS AT 786-469-2168, Alisa_Caballero@miamidade.gol/, 701
NW 1st Court, 16th Floor, Miami, Fl 33136.
c. Many agencies contracting for CDBG funds are not considered "contractors" as defined in
Florida Statutes, Section 119.0701. However, where Awardee is a "contractor," as defined
in Florida Statutes, Section 119.0701, meaning that Awardee has entered into a contract
for services with the County and is acting on behalf of the County as provided under Florida
Statutes, Section 119.011(2), the following shall apply:
. d. Contractor shall comply with the Florida public records law, specifically to:
i. Keep and maintain public records required by the County to perform the service.
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ii. Upon request from the County's custodian of public records, provide the County
with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law.
iii. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as aut~orized by law for
the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
iv. Upon completion of the Agreement, transfer, at no cost, to the County all public
records in possession of the contractor or keep and maintain public records
required by the County to perform the service. If the contractor transfers all public
records to the County upon completion of the Agreement, the contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the contractor keeps and maintains
public records upon completion of the Agreement, the contractor shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's
custodian of public records, in a format that is compatible with the information
technology systems of the County.
e. A request to inspect or copy public records relating to this Agreement for s8IVices must be made
directly to the County. If the County does not possess the requested records, the County shall
immediately notify the contractor of the request, and the contractor must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
i. If a contractor does not comply with the County's request for records, the County shall
enforce these requirements in accordance with the Agreement.
ii. A contractor who fails to provide the public records to the County within a reasonable time
may be subject to penalties under Florida Statutes, Section 119.10.
f. The contractor shall be liable in any civil action brought due to contractor's violation of Florida's public
records laws, and shall indemnify the County as described in this Agreement.
P. Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the County by the Awardee or third parties. The provisions in this section
shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or
Affiliated Parties. The Awardee shall incorporate the provisions "in this section in all subcontracts and
all other Agreements executed by the Awardee in connection with the performance of the Agreement.
Miami-Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami-Dade County, as amended, Miami-Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total
contract amount which cost shall be included in the total proposed amount. The audit cost will be
deducted by the County from progress payments to the selected Awardee. The audit cost shall also
be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply
to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for
financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (D
concessions and qther 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; G)
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
Page 20
government-funded grants; and (n) interlocal agreements. Notwithstanding the foregoing. the Miami-
Dade County Board of County Commissioners may authorize the inclusion of the fee assessment of
one quarter (1/4) of one percent in any exempted contract at the time of award.
Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report concerning
whether the project is on time, within budget and in compliance with plans, specifications and
applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained
by the Inspector General, the Awardee shall make all requested records and documents available to
the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Awardee's posseSSion, custody
or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the
Agreement, including, but not limited to original estimate files, worksheets, proposals and
Agreements from and with successful and unsuccessful subcontractors and suppliers, all project-
related correspondence, memoranda, instructions, financial documents, construction documents,
proposal and Agreement documents, back-charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records, and supporting documentation for the aforesaid documents and records.
Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County,
the Awardee shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shall be
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 tenns 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 petiormance.related records, property, and -equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from PHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein
CDSG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to PHCD at least thirty (3~) days prior to the start date of
the agreement. PHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
PHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not specifically listed in the approved
budget.
Page 21
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
The Awardee shall pennit PHCD and other persons duly authorized by PHCD to inspect all
Agreement records, facilities, equipment, materials, and selVices of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or
provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD will determine,
in its 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 84.42 (24 CFR Part 85.36 for Public
Agencies) and 24 CFR 570.611, all as may be amended from time to time, with respect to conflicts
of interest, and covenants that it presently has no financial interest and shall not acquire any financial
interest, direct or indirect, which would conflict in any manner or degree with the performance of
services requried under this Agreement. The Awardee further covenants that in the performance of
this Agreement no person having such a financial interest shall be employed or retained by the
Awardee hereunder. These conflict of interest provisions apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of the County, or of any designated
public agencies or subrecipients which are receiving funds under the CDBG Entitlement program.
The Awardee certifies and represents that no officer, director, employee, agent, or other consultant
of the County or a member of the immediate family or household of the aforesaid has directly or
indirectly received or been promised any form of benefit, payment or compensation, whether tangible
or intangible, in connection with the grant of this Agreement.
The Awardee shall abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of
Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in
connection with its Agreement Obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party
that are covered by the above standards. The Awardee shall make such disclosure in writing to PHCD
immediately upon the Awardee's discovery of such possible conflict. PHCD will then render an
opinion which shall be binding on all parties
The Awardee shall submit to PHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, includinig Related or
Page 22
Affiliated General Contractor(s) or Subcontractor(s), list of current Board members, and list of all
business associations with the following documents:
}> Original Agreement or its subsequent amendments.
}> Requests for budget revisions.
}> Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement, which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through PHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected Of
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 Ihe 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 peliormance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee shall have an interest which is in conflict with the Awardee's
faithful perfomnance of its obligation under this Agreement; provided that the County, in
its sole discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies all the individuals
and entities involved and sets forth in detail the nature of the relationship and why it is
in the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a confiict of interest as set forth above
and acquires information which may indicate that there may be an actual or apparent
violation of any of the above, Awardee shall promptly bring such information 10 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
Page 23
Slates Department of Housing and Urban Development (US HUD), as funding sources and that the
Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the
County and US HUD for the support of all contracted activities. This is to include, but is not limited
to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures,
news releases, media packages, promotions, and stationery. The use of the official County logo is
permissible. The Awardee shall ensure that all media representatives, when inquiring about the
activities funded by this Agreement, are informed that the County and US HUD are the funding
sources. The Awardee shall notify the County of all events and activities involving the Project ten
(10) days prior to the activity or event.
When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department,
must be notified in order to request the project sign from Miami-Dade County Internal Services
Department (ISD). Within thirty (30) days of the erection of the sign, the CHMO Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment
for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCO in the CDBG application
approved by the supervising federal agency.
The Award,ee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas be
provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below:
1. The work to be performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section
3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUO assistance or HUD-assisted projects covered by Seclion
3, shall, to the greatest extent feaSible, be directed to low-and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this Agreement, the parties
to this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the Awardee's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
pOSitions can see the notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall begin.
Page 24
4. The Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that .the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training positions,
that are filled (1) after the Awardee is selected but before the Agreement is executed, and
(2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the Awardee's
obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection"with 'Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic
Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and
section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
8. Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject to
and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed
statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be awarded
a subcontract;
b) invites local subcontractors to submit bids/proposals in a practical, expedient way;
c} provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a statement
of their subcontracting policies and procedures (see Attachment G). The County will not execute this
Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and
Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it appears
to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise
impair the performance of the Awardee's obligations under this Agreement.
W. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
Page 25
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 Of 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 Of termination of this Agreement, or for such
longer period of time as determined by PHCD in its sale and absolute
discretion; Of
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
sale discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD in its sale
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.l., above.
b. Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from PHCD for $25,000 or less shall be disposed
of, at the expiration or termination of this Agreement, in accordance with
instructions from PHCD.
c. All real property purchased or improved in whole or in part with funds from this and
previous Agreements with PHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from PHCD, shall be listed in the property
records of the Awardee and shall include a legal description; size; date of
acquisition; value at time of acquisition; present market value; present condition;
address or location; owner's name if different from the Awardee; information on
the transfer or disposition of the property; and map indicating whether property is
in parcels, lots, or blocks and showing adjacent streets and roads. The property
records shall describe the programmatic purpose for which the property was
acquired and identify the CDBG national objective that will be met. If the property
was improved, the records shall describe the programmatic purpose for which the
improvements were made and identify the CDBG national objective that will be
met.
d. For awards involving the purchase or improvement of real property, the Awardee
agrees to execute a mortgage, loan document, or restrictive covenant for the
CDBG award with PHCD within 180 days after the execution of this agreement.
Page 26
Failure to comply with this requirement may result in the retraction of the COSG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCO. 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 COSG funds awarded pursuant to this Agreement in the event Awardee
fails to meet a national objective.
3. Inventory -Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to
the County. A capital item shall be defined as an item that: (1) has a service life in excess
of one year; (2) is either complete within itself or is a major component of another item of
property; (3) by definition cannot be described either as supplies or materials; (4) will not be
consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify
the County immediately upon acquiring any capital items with funds allocated in this
Agreement
The County shall allow the Awardee to retain possession of capital equipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services (Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents of
title 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 non expendable personal property requirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with PHCO shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number; date of acquisition; funding
source; unit cost at the time of acquisition; present market value; property inventory
number; information on its condition; and information on transfer, replacement, or
disposition of the property.
b. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with PHCO 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 PHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property purchased
or improved in whole or in part with funds given to the Awardee or subcontractor pursuant
to the terms of this Agreement. The Awardee shall dispose of all such property in
accordance with instructions from PHCD. Those instructions may require the return of all
such property to PHCO.
x. Program Income
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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 CDBG funds. When Program
Income is generated by an activity that is only partially assisted with CDBG funds, the
income shall be prorated to reflect the percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use Program Income to pay for charges
or expenses that are specifically not allowed pursuant to the terms of this Agreement and
applicable federal regulations or rules, or any County rules or ordinance.
a. The Awardee shall comply with the Program Income provisions in PHCD's 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 PHeD with each reimbursement request and
quarterly as part of the Fiscal Section of the Awardee's Progress Report as
outlined in Section II, Paragraph F.2.a.
The awardee will submit the Calculation of Progam Income form Attachment"
with every reimbursement request.
C. The Awardee's use of Program Incomeshall be for the same activities described
in this Agreement and subject to the limitations set forth in this Agreement and as
set forth in the CDBG regulations, 24 CFR Part 570.504. Awardee acknowledges
that the CDBG Regulations require that Awardee spend Program Income before
further CDBG funds are drawn down., Awardee agrees that Awardee shall expend
the Program Income funds prior to seeking payment of CDBG funds from the
County. Twenty percent (20%) of the Program Income Awardee makes, retains or
receives shall be paid to the County on a quarterly basis and reported in Awardee's
quarterly Progress Report. At the conclusion of the contract period or upon
termination of this Contract, Awardee shall immediately pay/return all Contract
funds and Program Income to the County.
d. 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.
e. All 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.
f. All Program Income from activities other than a revolving loan activity shall be
substantially disbursed to carry out other PHCD-approved CDBG eligible activities,
and to cover operational costs before requesting additional CDBG funds.
g. Any proceeds from the sale of property as detailed in Section II, Paragraph W.4.,
above, shall be considered Program Income.
h. The Awardee shall obtain, as part of the required audit report, validation by a
certified auditor of all Program Income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shall transfer to the County any Program Income funds on hand, and any Program
Income accounts receivable to any CDBG funded activities. PHCD may require remittance
of all or part of any Program Income balances (including investments thereof).
Page 28
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 otherwise specified in this Agreement, the Awardee shall not subcontract any portion
of the work without the prior written consent of the County. Subcontracting without the prior
consent of the County may result in termination of the Agreement for breach. When
Subcontracling 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, sub'contractor or assignee is listed on the U:S. HUO's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUO's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at https:/Iwww.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.miamictade.gov/smallbusiness/business-
development-reports.asp to determine if a person or entity is on Miami-Dade
County's debarred contractor's list. Awardee shall provide PHCD with a printout
copy of the site page that indicates the name and the date it was checked.
b. Comply with all CDBG requirements, as applicable, as well as the regulations
specified in PHCD's Policies and Procedures Manual.
c. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all 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 sale discretion determine
when services are eligible substantive programmatic services and subject to the
audit and record-keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three bids.
Such competitive process shall be described in writing, approved by the Board of
Directors and a copy of which submitted to PHCD. In such circumstances that
open, competitive bids are not feasible or that a minimum of three bids are
unobtainable, permission to use other methods of award must be requested in
writing and approved by PHCD prior to the assignment or award of subcontract.
The Awardee agrees that no assignment or sub-contract will be made or let in
connection with the Agreement without the prior written approval of PHCD, which
approval shall not be unreasonably withheld, and that all such sub-contractors or
assignees shall be governed by the terms and intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
Page 29
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 ofthree (3)
years from the expiration date of this Agreement and any extension t~ereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, 8.g.,-social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provid~d 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 PHCO 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 Agreernent. PHCO's approval shall be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD prior to either assigning or
transferring any obligations or responsibility set forth in this Agreement or the' right to receive
benefits or payments resulting from this Agreement.
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar
amount agreed upon in this Agreement.
7. If the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials, the Awardee shall provide the names of the
subcontractors and suppliers to PHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval frorn PHCO.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
10. Where an Awardee intends to use a Related or Affiliated General Contractor or
Subcontractor, as defined herein, PHCD will require a third party non-affiliated professional
in the same field as the Related or Affiliated General Contractor or Subcontractor, to be
selected by PHCD, to review cost estimates and evaluate whether or not such estimates
are less than costs that may be incurred by use of non-related or non-affiliated entities. The
costs of this third-party review will be paid by the Awardee, however, said costs may be an
eligible cost to be paid from the Contract funds.
AA. Additional Funding
Page 30
The Awardee shall notify PHCD of any additional funding received for any activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the
Awardee's notification by the funding source.
BB. Method of Payment
The Awardee shall be paid as described below:
1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided
below only when the Awardee submits to PHCD adequate proof, as determined by PHCD
in its sole and absolute discretion, that the Awardee has incurred the expenditures. It shall
be presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to PHCD canceled checks or original invoices approved by the
Awardee's authorized representative which show periormance 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 PH CD. 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 PH CD no less frequently than monthly. Expenditures incurred by the Awardee
must be submitted to PHCD, along with all original invoices, copies of front and back of
cancelled checkspaid to all subcontractorsand suppliers, all release of liens from alii
subcontractorsand suppliers, and all final approved permits, for payment within 30 days
after the month in which the expenditures were incurred. Failure to comply will result in
rejection of invoices. In no event shall the County be obligated to pay any invoices for
expenses which were incurred more than 60 days prior to the date the request for payment
is submitted to PHCD.
3. In no event shall the County provide advance CDBG funding to the Awardee or to any
subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms of this Agreement or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that accompanies the action
step chart in the scope of services. Payment is contingent on the achievement by the
Awardee of the quarterly accomplishment levels identified in the scope of 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) calendar days after the expiration or termination of this Agreement. If the
Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
payrnent(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.
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.
g, 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
Page 31
firm, corporation, partnership or joint venture in which the Awardee has a controlling
financial interest in order to secure repayment of this award. "Controlling financial interest"
shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital
stock in any corporation or a direct or indirect interest of ten percent or more in a firm,
partnership or other business entity.
10. For special economic development projects: Notwithstanding any other provIsIon herein,
payments to Awardee shall be restricted in the following manner: payment by the County of
expenditures contained within Attachment B, "Budget," to this Agreement shall be on a pro rata
basis in accordance with the level of development progress and percentage of construction
completed by Awardee using funds from Awardee's equity contribution toward the project.
CC. Reversion of Assets
The Awardee shall retum to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real-property, such reserves shall
not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, including but not
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall
not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be
used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
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
Page 32
B.
other assests, including Program Income to support CDBG eligible activites. Any extension
made pursuant to this paragraph shall be accomplished by a writing by the County to the
Awardee. Such notice shall automatically become a part of this Agreement.
3. This Agreement may, at the sale and absolute discretion of the Couniy 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 Peliormance Review
1.
The Department 'may conduct a formal management evaluation and performance review of
the Awardee, if in the Department's sole discretion it is deemed necessary and applicable.
The management evaluation shall reflect the Awardee's compliance with generally accepted
fiscal and organizational standards and practices. The performance review should reflect
the quality of service provided and the value received using monitoring data, such as
progress reports, site visits, and client surveys.
Default or Breach
The Awardee shall be in default or breach of this Agreement if any of the following acts,
omissions or conditions occur:
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Agreement, including but not
limited to failure to meet the National Objective, as detenmined by the County and
U.S. HUD.
b. Awardee fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requried herein.
c. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sale
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sale
discretion would materially impair perfonmance 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, diss'olution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1)-(2) of this Agreement.
Page 33
j. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
C. Suspension
1. The County may suspend payment in whole or in part under this Contract by providing
written notice to the Awardee of such suspension and specifying the effective date thereof,
at least ten (10) days before the effective date of suspension. If payments are suspended,
the County shall specify in writing the actions that must be taken by the Awardee as
conditions precedent to resumption of payments and shall specify a reasonable date for
compliance. The County may also suspend any payments in whole or in part under any
other Agreements entered into between the County and the Awardee. The Awardee shall
be responsible for its own. direct and indirect costs associated with such suspension,
including attorney's fees. Reasonable cause shall be determined by PHCD, in its sole and
absolute discretion, and may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of its
subcontractors;
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
ct. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
e. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports and
applicable supporting documentation) sufficient to show Awardee has met said
Benchmarks.
2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all of the activities funded by this Agreement.
3. PHCD will notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include the
reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten (10)
working days notice when PHCD determines that it would be in the best interest of PHCD
and the County. Said notice shall be delivered by certified mail, return receipt requested,
or in person with proof of delivery. In the event of termination, the County may: (a) request
the return of all finished or unfinished documents, data studies, surveys, drawings, maps,
models, photographs, reports prepared, and capital equipment secured by the Awardee
with County funds under this Agreement; (b) seek reimbursement of County funds allocated
to the Awardee under this Agreement; andlor (c) terminate or cancel any other Agreements
entered into between the County and the Awardee. The Awardee shall be responsible for
its own direct and indirect costs associated with such termination, including attorney's fees.
2. Termination for Convenience
Page 34
PHCD may terminate this Agreement, in whole part when both parties agree that the
continuation of the activities would not produce beneficial results commensurate with the
further expenditure of funds. Both parties shall agree upon the termination conditions.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should funds
to finance this Agreement become unavailable, PHCD may terminate this Agreement upon
no less than twenty-four (24) hours written notification to the Awardee. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
PHCD shall be the final authority to determine whether or not funds are available. PHCD
may at its discretion terminate, renegotiate andlor adjust the Agreement award whichever
is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County ·Commissioners' action, the Awardee may, at its discretion, request in
writing from the Director of PHCD a release from its contractual obligations to the County.
The Direclor of PHCD will review the effecl ofthe request on the community and the County
prior to making a final detennination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its
sale and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is not materially complying with any term
or provision of this Agreement, PHCD may treat such failure to comply as a repUdiation of
this Agreement;
7. Termination for Bankruptcy
The County Teserves the right to terminate this Agreement, if; during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion
of the property of the Awardee under federal bankruptcy law or any state insolvency law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by written
notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours
notice. Said notice shall be delivered by certified mail, return receipt requested, or in person
with proof of delivery.
Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of
any other breach and shall not be construed to be a modification of the terms of this
Agreement. The provisions herein do not limit the County's right to legal or equitable
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.
Page 35
In the event the County shall terminate this Agreement for default or breach, the County or
its designated representatives, may immediately take possession of _all applicable
equipment, materials, products, documentation, reports and data.
9. Penalties for Fraud, Misrepresentation, Material Misstatement, or Criminal Conviction
In accordance with the Code of Miami-Dade County, Section 2-8.4.1, and other County
policies, if Awardee or any individual, corporation, firm, partnership, joint venture or other
business entity in which Awardee or its principals has a Controlling Financial Interest
attempts to meet its contractual obligations with the County under this Agreement or any
other County agreement or County program through fraud~ misrepresentation or material
misstatement, or is convicted of fraud, bribery or any other corrupt or criminal act in
connection with any County program or County agreement, the County shall have the sole
and absolute discretion to terminate this Agreement and may terminate or cancel any other
agreements which Awardee or such individual, corporation, firm, partnership, jOint venture
or other business entity in which Awardee or its principals has a Controlling Financial
Interest has with the County. Such individual or enlity 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, corporation, firm, partnership, joint
venture or other business 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. For the purposes of this section, "controlling
financial interest" shall mean ownership, directly or indirectly to ten percent or mOre of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a-firm, partnership or other business entity.
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 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
Page 36
due the County is determined. The County may also pursue any remedies available at law or equity
to compensate for any damages sustained by the breach.
Payment Settlement If termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination.
"Reasonable, allowable costs" are those costs which are necessary in order to perform Awardee's
obligations under this Agreement and specifically exclude expenses incurred prior to the execution
date of this Agreement, personal expenses, travel expenses, expenses related to additional phases
of the Project not specifically and expressly incorporated into this Agreement PHCD shall be the
sole judge of "reasonable, allowable costs." All compensation pursuant to this Article is subject to an
audit at the County's discretion. Awardee shall not receive payment for lost future revenues, lost
developer fees or lost profits.
E·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 peliormance 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.
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 PHCO 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 Mayors 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
Page 37
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 Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with
PHCD's Policies and Procedures Manual. All budget revisions shall require an amendment
of this Agreement, which the County shall have no obligation to execute. The County shall
not be obligated to make payments for expenditures incurred prior to the approval of the
budget revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by PHCD no later than five (5) working days
of the action; written notification will constitute a Agreement amendment. The Awardee will
. have five working days upon receipt of certified return receipt notification to submit a revised
budget reflecting funding adjustments. Should the modified budget not be received within
the specified time, The County will revise the budget at its discretion. The County in its sale
and absolute discretion will detennine whether substantial reductions· will necessitate
revision and resubmitlal of the Scope of Service (Attachment A). Revisions to the Scope
of Services, when required, will be negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are
classified as noted in the Scope of Services shall not require a Agreement amendment.
H. Compliance
The County shall have the right to inspect, monitor, and inquire of Awardee, at the sole and absolute
discretion of the County, remain in effect during any period that the Awardee is obligated to complete
a National Objective or has control over Agreement funds, including Program Income, in order to
ensure compliance with the COBG Regulations. However, the County shall have no obligation or
responsibility to make any payment or provide any type of assistance or support to the Awardee if
this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
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
detemnination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in
the event additional time is necessary, PHCD will notify the Awardee within the thirty (30) day period
that additional time is necessary. The Awardee agrees that it shall not bring any legal action or
against the County until thirty (30) days from the County Mayor issuing his/her determination.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
Page 38
In order to gain greater Black business participation, the Awardee may submit its Agreements to the
County Mayor for bidding and award in accordance with County policies and procedures.
L. Proceedings
.. This Agreement shall be construed in. accordance with the laws of the State of Florida. Any dispute
arising under, in connection with or related to this Agreement or related to any matter which is the
subject of this Agreement shall be subject to the exclusive jurisdiction of the state andlor 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:
TO COUNTY:
COPY TO:
COPY TO:
COpy TO:
City of South Miami -Parks and Recreation
6130 Sunset Drive
South Miami, FL 33143
Attn: Steven Alexander, City Manager
Attn:
Miami-Dade County
111 N. W.1stStreet
Miami, Florida 33128
Attn: Maurice L. Kemp, Deputy Mayor
Public Housing and Community Development
701 NW 1" Court, 14fu Floor
Miami, FL 33136
Attn: Michael Liu, Director
Public Housing and Community Development
701 NW 1'\ Court, 14fu Floor
Miami, FL 33136
Attn: Letitia Goodson, PHCD Project Manager
Assistant County Attorney
County Attorney's Office
111 N. W. 1 st 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 Of 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 eilher
of the Parties after the execution of this Agreement, the affected Party shall give notice in writing
within five (5) days to the other Party of the amended pertinent information, which shall be attached
and incorporated into this Agreement.
N. WAIVER OF JURY TRIAL
Page 39
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, Of its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
P. Third Parties
This agreement is intended for the sale and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that many of the obligations in this agreement, including but not limiled to
Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient
evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated
to meet a National Objeclive 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. Ii is expressly understood and intended that the Awardee
is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the
County.
The Awardee is, and shall be, in the performance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or servant of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sole 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
A 1 -Action Steps; Attachment B -Budget; Attachment B-1 (M) Idemnification and Insurance
Page 40
Requirements; Attachment B-2 -COBG Program Requirements (Housing Only); Attachment C -
Progress Report,Set-Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure
& Progress Report; Attachment 0 -Information for Environmental Review; Attachment E -
Certification, Statements and Affidavits; Attachment F -Publicity, Advertisements and Signage;
Attachment G -Fair Subcontracting Policies; Attachment H -Subcontractor/Supplier Listing)
contain all the terms and conditions agreed upon by the parties; Attachment I -Agreement to
Authorize Examination of Records and Adhere to Records Retention Requirements; Attachment J -
Calculation for Use of Program Income from COBG Activities (Micro-Lenders Only). No other
Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or bind any of the parties hereto.
T. Conflict
In the event that a conflict arises between any prior funding documents and/or agreements governing
this development, the terms, provisions and definitions included in this Agreement shall prevail.
In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the project's
true "gap" financing needs to be less than the maximum award allocated by the Board of County
Commissioners, the SLR amount shall prevail and the amount of COBG funds described in this
Agreement shall be subsequently reduced. "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 tenns 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 subsequent
application for and award of funds for the same project constitutes and amendment of this
Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a
subsequent application for and award of funds for the same Project where such subsequent
application by Awardee includes terms which conflict with the terms of this Agreement.
U. Interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or
neuter as the context requires.
v. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the Awardee's obligation to indemnify the County, will survive the term, tenTlination and cancellation
hereof. Accordingly, the respective obligations olthe Awardee and the County under this Agreement,
which by nature would continue beyond the tennination, 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 41
X. Miami-Dade County Implementing Order: 10 4-132 will apply to this Agreement. This Implementing
Order requires the County to charge Awardee applicable fees as outlined below:
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT SERVICE RATE SCHEDULE
Fee Name Proposed Fee (FY 2015 -16) Fee Due
Construction Inspection Fee $1,500.00 At Loan ClosinQ
Contract Extension/Modification Fee $2,500.00 At Time of Request for
(Multi-Family Development Loans Extension
Only)
Page 42
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly
authorized, this ___ day of 2017.
AWARDEE: ___ .:?' MIAMI-DADE COUNTY
CitYOfSouth~~L-______ _
BY _~ BY:
~.
/,) NAME: ~"<) ... ' 6[/ !r~ NAME:
TITLE: TITLE:
DATE: DATE:
ATTEST
BY: BY:
NAME: :v1artii M. MenendeZ TITLE:
TITLE: DATE:
DATE:
Witnesses ,n
BY ~_
(Slgnat e)
\'~..z
BY:
(Signature)
Type or Print Name
FederallD Number: 59·6000431
Resolution #: R-1046-17
Awardee's Fiscal Year Ending Date: September 30 th
CORPORATE SEAL
Page 43
. /i .. ·X..} ~71!!~7~
Carlos A. Gimenez
Mayor
\./ '
Clerk, Board of County Commissioners
"
PUBLIC HOUSllNG AND COMMUNJ[TY DEVELOPMENT
FY 2017 Scope of Services
October 1, 2017 tlllJt'olllglli September 30, 21119
Agency Name: City of South Miami
1. -ACTIVITY TITLE:
IDIS #:
RESOLUTION #:
DUNS#:
2. -ACTIVITY DESCRIPTION:
3.
4.
2a -Activity Category:
2b. -Objective:
2c. -Outcome:
-APPROVED BY BCC:
Other Funding Source and Amount:
-FY2017 FlJNDlNGREQUESTED:
5. -HIDllNlFORMATION:
Sa -HUD matrix code:
5b. -HUD Activity Type:
5c. -HUD National Citation
6. -ACCOMPLISHMENTS:
6a -Number of Units:
6b.-Type:
7. -NATIONAlL OBJECTIVE:
Total # of LowlMod in Service Area:
Census Tract:
Block Group:
8. -ACTIVny ADDRESS:
9. -LOCATION:
NRSA (Activity located in):
District (Activity located in):
Rehabilition of Gibson-Bethel Community Center Bathrooms
TBD
R-I046-17
Rehabilitation of restrooms and other facilities for Gibson-Bethel
Community Center
Public Facilities/Capital Improvement
Sustainable Living Environment
A vaiIabilityl Accessibility
Amount: $70,846.03 Sou<ce: CDBG FY 17 (CDF District 7 allocation)
$58,154
$129,000.03
03F -Parks, Recreational Facilities
LMA
570.208(a)(1)
1
Public Facility
1615
76.03
1
5800 SW 66"' Street, South Miami 33143
South Miami
7
10. -lLABOR STANDARD applicable ~N,-"I",A,-_____________________ _
Type of Work:
o Building 0 Residential D Highway DHeavy
ll. Set aside units different from total units
12. INSURANCE REQ1I1REMENTS:
Project Manager: Letitia Goodson
/
Worker's Compensation Insurance. Commercial General Liability Insurance,
Auto mobility Liability Insurance and Professional Liability Insurance. See
Attachment for det ·led re uirements.
Tab 05 ~ AppiicatilOl1 Sl.Ib-SectulOn
Pl.lb~ic Fadlity Capita! impmvement -iRestlmlOms iRel1lOvatiml
Gibson Be!hei Community Cel'Bter -City 101' South Miami
Abbreviated Activity Description: The City of South Miami Parks Department will hire a
vendor to remodel four restrooms at the Gibson Bethel Community Center.
Details Activity Description:
The City of South Miami Parks Department offers the playground for residents to enjoy and benefit
from educational, physical activities and social enhancement. City staff operates all activities
related to the Center usage.
The Project Manager from the City's Park Department and the recreational staff are responsible
for the Restrooms Renovation Project and center functions. Their salaries and all other costs
related to the project and programs are covered by the City of South Miami.
Activity Location:
Gibson Bethel Community Center: 5800 SW 66th St., South Miami, FL 33143
Location Map
Not To Scale
Proposed Accomplishments:
The Gibson Bethel Community Center is facility targeted to the young population.
The existing Center features a multi-purpose room, gym, enclosed basketball court,
administration offices, and four restrooms facilities.
The proposed project will enhance the service provided at the Center.
Phase I:
Design. Preparation of architectural drawings showing existing and proposed changes for ADA-
complianttoilet rooms. Drawings will contain specifications that identify the products and materials
being used as part of the renovation.
Phase II:
Remodel. Replace existing plumbing fixtures with water-efficiency technology, remodel floor and
wall tiles surfaces, replace locker cabinetry at second floor only, replace low wall partitions,
replace all accessories, patch and paint interior walls.
Quarterly Milestones:
Complete design and remodel phases.
Priority Needs Statement:
The City of South Miami will hire a vendor/contractor to provide design/remodel services.
Design, obtain permits, provide supply materials, demolish, install, and finalize the project.
Action Steps:
The use of grant funds will start after the Grant Agreement is executed by City Commission
authorizing the City Manager to enter an agreement, and Miami-Dade County agreement
execution.
Existing Condition Photos:
END ofTAB 05
.,
Attacnment A1
Public Facilities and Infrastructure Improvements -City of South Miami -FY 17 Gibson-Bethel -Restrooms Renovation
Enter in the %
of Task Enter in the
Completed (as Start Date of Calculated End
JD Task Name Required Resource of today) Task Date of Task Notes:
1 .1 contract uevelOpmem "nase ·U) 11.11
sUbmit required Enviromnetal Review (ER) form lsee
1.1.1 attachment D In the Contract) Agency 100.00 11/30/17 12/29/17
1.1.2 environmental review process Environmental Specialist 0.00 11/30/17 2/28/1B
1.1.3 submittal of scope and budget Agency 0.00 11/30/17 12/29/17
scope and budget review by Public Housing and Community
1.1.4 Development (PHCO) Project Manager (PM) Project Manager 0.00 11/30/17 12/15/18
prepare and assemble contract with Attachments A to H (24
1.1.5 cfr 92.504) Project Manager 0.00 11/30/17 1/8/18
1.1.6 submit contract for agency signature to execute Project Manager 0.00 12/15{17 1/15/18
1.1.7 return signed contract to PHCD for final processing Agency 0.00 12/15/17 3/30/18
1.1.8 submit CDBG contract to Miami-Dade Mayor's Office PM Supervisor and PM Manager 0.00 12/15/17 3/30/18
1.1.9 receive and distribute executed PHCD Contract Project Manager 0.00 12/15/17 3/30/18
IIVI1 es[one KeVlew
1.2 re-uevelOpment t-'nase . (":) 0.00
1.2.2 submit sources and uses statement Agency 0.00 11/30/17 1/30/18
1.Z.3 submit required insurance certificate Agency 0.00 10/1/17 11/30/17
1.2.4 submit insurance document to Miami-Dade GSA Project Manager 0.00 1/Z/18 4/30/18
1.2.6 pro forma Agency 0.00 1/Z/18 2/28/18
1.2.7 Environment clearance letter EnvIronmental Specialist 0.00 1/2/18 2/2B/1B
submit quarterly progress report (Due no later than 10 days
1.2.8 after the end of each quarter) Agency 0.00 1/1/18 1/10/18
Milestone Review
1.3 Pre-Bid Phase C§ 0.00
1.3.1 RFP package for General Contractor (GC) Agency 0.00 2/1/18 4/30/18
1.3.Z Submit RFP package for GC to PHCD Agency 0.00 2/1/18 4/30/18
1.3.3 revIew RFP bid package for GC by PHCD Project Manager/Construction N 0.00 2/1/18 5/15/18
1.3.4 review RFP bid package for GC by PHCD's Compliance Unit Compliance Unit 0.00 2/1/18 5/15/18
1.3.5 Provide Davis Bacon Wage Determination to Agency Compliance Unit/Project Mange 0.00 2/1/18 5/15/18
1.3.6 Submit reVIsed RFP feedback to Agency Project Manager 0.00 2/1/18 5/15/18
1.3.7 PHCD to give agency written approval for RFP bid package for Project Manager 0.00 2/1/18 5/15/18
1.3.8 Pre-bid meeting Agency/PHCD Staff/Bidders 0.00 2/1/18 5/15/18
1.3.9 Bid/RFP opening Agency 0.00 2/15/18 6/30/18
1.1':10 Check debarment list Agency 0.00 2/,)5/18 6/30/18
1.3.11 Selection/Award Agency 0.00 3/1/18 6/30/18
1.3.12 Place order for Miami-Dade Construction Sign by PHCD Project Manager 0.00 4/30/18 6/30/18 -
Page 1 of 3
__ ~.r~.., '£ ''">'H'"
Attachment A1
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:
jMllestone R.evIeW
1.4 l~uLlmlL . ...:I\", conlraCL ror nl..1J t\eVlew t.) 0.00
1.4.1 executed GC contract Agency 0.00 4/30/18 6/30/18
Submit GC contract, bid tabulations, recommendation by
agency staff, resolution approving selection, copy of ad to
1.4.2 PHCD Agency 0.00 4/30/18 6/30/18
submit print out of proof that the debarment lists where
1.4.3 checked Agency 0.00 4/30/18 6/30/18
Submit copies of State, County and City Licences and
1.4.4 Certlcate of Competencie$ Construction Manager 0.00 4/30/18 6/30/18
1.4.5 Certificate of Insurance Construction Manager 0.00 ·4/30/18 6/30/18
1.4.6 Payment of Performance !;land Construction Manager 0.00 4/30/18 6/30/18 ,
1.4.7 Submit W-9 Request for Taxpayer ID# Construction Manager 0.00 4/30/18 6/30/18
1.4.8 Notice to BiddersjProspec.tive Contractor Agency 0.00 4/30/18 6/30/18
1.4.9 Statement of Bidder'S Construction experience Agency 0.00 4/30/18 6/30/18
1.4.10 Certification receipt Agency 0.00 4/30/18 6/30/18
1.4.11 Insurance Requiret;nents Agency 0.00 4/30/18 6/30/18
1.4.12 affirmation action standard (24 CFR 92.351) Agency 0.00 4/30/18 6/30/18
Certification of Compliance with Part 60-2 Affirmative Action
1.4.13 Program Agency 0.00 4/30/18 6/30/18
1.4.14 Certification Regarding Drug Free Workplace Agency 0.00 4/30/18 6/30/18
1.4.15 As~urance of Companies Agency 0.00 4/30/18 6/30/18
Section 3 Requirements (GC must meet Section 3
1.4.16 Requirements) Agency 0.00 4/30/18 6/30/18
1.4.17 Section 3 Clause Agency 0.00 4/30/18 6/30/18
1.4.18 check debarment list Project Manager 0.00 4/30/18 6/30/18
1.4.19 review GC bid package and contract by PHCD Project Manage Manager 0.00 4/30/18 6/30/18
1.4.20 review GC bid package and contract by PHCD's Compliance Un Compliance Unit 0.00 4/30/18 6/30/18
1.4.21 pHCD to give agency written approval for GC _ Project Manager 0.00 5/1/18 7/30/18
submit quarterly progress report (Due no later than 10 days
1.4.22 after the end of each quarter) Agency 0.00 4/1/18 10/10/19
Milestone Review .
1.5 . 11.onStrUC~lon t'"llase (J . 0.00
1.5.1 pre-construction conference Agency/PHCD Stall/GC 0.00 . 7/30/18 1013~18
1.5.2 notice to proceed Agency 0.00 ~18 11/30/18
1.5.1 obtain permits Agency 0.00 8/1/18 11~3(J/18
Page 2 of J
___ I: ~"lii. l"l"'~'"
Attachment Ai ;.!
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 Tas-k Notes:
, .0.' Improvemvent RenavatJo'n ,'."
1.5.0 Site preparation, oemolition, clean-up 0,00 8/1/18 'S"/30119
" 1.5.7 Construction renovatim2~new Installation plumbing 0.00 8/1/18 9730/19
1,.0 •0 /l..onstructlon Close-out ana approveo .inspection 0.00 "/1/1>
1.7 . l~omplet1on .nase (,a1 0.00
1'.7.1 submit final progress report Agency 0.00 ll71/18 10110119
1.7.2 submit payment with flna! release orE ens Agency 0.00 8/1/18 11/10/19
1.7.3 f1ni'\1 walk thru All 0.00 8/1/18 11/10/19
1.7.4 Ce·~lficate of completion Agency 0.00 8/1/18 11/10/19
1.7.5 project completion form Agency 0.00 8/1/18 11/10/19
1.7.6 construction close out . All 0.00 8/1/18 11/10/19
1.7.7 submit LMI Information to PHCD's Complalnce Unit P'roject Manager 0.00 8/1/18 11/10/19
1.7.8 review lMI information Comp!1ance Unit 0.00 8/1/18 11/10/19
1.7.9 print out copy of Finance balance Project Manager 0.00 8/1/18 11/10/19
1.7.10 report accomplishment in lOIS 1015 Specialist 0.00 8/1/18 11/10/19
1.7.11 submit project close letter to agency PHCD's complaince unit 0.00 8/1/18 12731119
Milestone Review
-----
Page 3 of 3
CONSTRUCTION BUDGET FOR CDBG FUNDS
FY 2011 CDBG -Brewer Pmk
October 1 s 2017 thru September 3D, 2019
BUDGEr SUMMARY
MAJOR CATEGORIES:
1. Personnel
2. Contractual Services
3. Operating Expenses
4. Commodities
5. Capital Outlay
FY 17 -CDBG
FUNDING SOURCES;
CDBG Grant
City's Contribution
$
$
$
$
$
CDBG
-
-
-
70,846.03
70,846.03
To!al
$
$
$
$
$
$
NON-PHCD
3,936.00
54,218.00
58,154.00
70,846.03
58,154.00
129,000.03
ATTACHMENT B
TOTAL FUNDING
$ 3,936.00
$ -
$ -
$ -
$ 125,064.03
$ 129,000.03
ATTACHMENT B
CONSTRUCTION BUDGET FOR CDBG FUNDS
Gibson-Bethel Community Center -Restrooms Renovation
City of South Miami
CDBG FY 2017
October 1, 2017 thru September 30, 2019
SUB OBJECT DESCRIPTION PHCD CIT~S TOTALAMT
CDBG AMOUNT CONTRIBUTION
01 Personnel
Project Manager $ $ 3,280.00 $ 3,280.00
FICNMICA $ $ 656.00 $ 656.00
Total Personnel $ $ 3,936.00 $ 3,936.00
90 Capital Outlay
Environmental $ $ $
Site Preparation $ $ $
Property Taxes $ $ $
Building Pennils $ $ $
Drawings, Construction, and Installation $ 70,846.03 $ 54,218.00 $ 125,064.03
Impact Fees $ $
Total Capital Outlay $ 70,846.03 $ 54,218.00 $ 125,064.03
TOTALS $ 70,846;03 $ 58,154.00 $ 129,000.03
FUNDING SOURCES:
COBG Granl $70,846.03
CilVs conlribulion $58,154.00
Total $129,000.03
INDEMNIJFICATION AND IN§URANCE-B-l(M)
City of South Miami, Parks and Recreation Department shall indemnify and hold harmless the
County and its officers, employees, agents and instrumentalities from any and all liability, losses
or damages, including attorney's fees and costs of defense, which the County or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of
actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the Agreement by City of South Miami, Parks and Recreation Department or its
employees, agents, servants, partners, principals or subcontractors. City of South Miami, Parks
and Recreation Department 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, judgements, and
attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to
the extent and within the limitations of Section 768.28 Florida Statutes, subject to the provisions
of the Statute whereby City of South Miami, Parks and Recreation Department shall not be held
liable to pay a personal injury or property damage claim or judgment by anyone person which
exceeds the sum of $200,000, or any claim or judgement or portions thereof, which when totaled
with all other claims or judgments paid by City of South Miami, Parks and Recreation Department
arising out of the same incident or occurrence, exceed the sum of $300,000 from any and all
personal injury or property damage claims, liabilities, losses or causes of action which may arise
as a result of the negligence of City of South Miami, Parks and Recreation Department.
City of South Miami, Park and Recreation Department shall require that all its subcontractors
performing work under this contract name Miami Dade County as an additional insured with
respect to their Commercial General Liability policy.
Public Housill1g all1d Commull1ity Development
Attachmell1t 18-2
Comml.mity Development lB~m:k Grall1t {CDIBG} Pmgram
Not Applicable
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDiTURE AND PROGRESS REPORT
FY20 __
ATIACHMEIliTC
i Reporting Period:
i 0 1" Quarter [Jan-Mar]
--------, o 20 ' Quarter [Apr-Jun] 03'" Quarter [Jul-Sept] 0 4th Quarter [Oct-Dec]/ Annual Report
~ [ Section I: General Information ------.. ---.--~-------~-----..... -..... ---,
Recipient Name (Organization): ______________________________ _
Contact Person (Name & Title): Telephone Number: ________ _
Activity Name (Project Title):
Activity Address: ___________________________________ ~
Activity Description: ________________________ ~ _________ ~
Program Income: (if
IDIS#: Funding Source: ____ _ Funded Amount: _____ applicable) ...:$'------__ _
Activity Catego!']{:
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: Fin.ancial Information At the' time the:-Awardees has been paid or otherwise re~eived fifty percent {50%} and se~enty \
! percent (70 Gfg) ot'the Agreement Funds, the Awardees reporting itlese expenditures must submit documentation to show that Awardees has! ! accomplished 50% and '70%, respecti~~~~!~.~_ Activities described herein. ___ .___ '
A B C D E F G H
Actual Reimbursed Projected
Approved Tota! Expenditures Cumulative Cumuiative Projected Cumuiative
Category Budget Expended Cumulative [Through end of Percentage Expenditures Expenditllres
[This Quarter} [Through end of this quarter1 [B&D] [Next Quarter] [By end of Contract
this quarter) Period]
Personnel $ $ $ $ % $ $
Contractual $ $ $ $ % $ $
Operating $ $ $ $ % $ $ Costs
Commodities $ $ $ $ % $ $
Capital $ $ $ $ % $ $ Outlay
TOTAL $ $ $ $ % $ $
Program Income The disposition of Program Income not specifically listed in the approved Program Income
budget requires prior written approval from PHCD.
11. Does this activity generate Program Income? 0 Yes 0 No
2. If yes, indicate the amount generated this quarter. ---'$'---_____ _
.
CDI14/51712
1 of 3
MIAMJ .. t) :~·'qn·l
PUBLIC HOUSiNG AND COMIIIIUI\HTY DEVELOPMENT
QUARTERLY EXPENDinDRE AND PROGRESS REPORT
H20
ATIACHMENTC
ACTIVITY STATUS AND ACCOMP=L='S=H=M::.,EccNc=T"'I"'N=-FOccR=-Mc::A-:-T=lccOccN-:----
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
rSectu;;-n-ili:[J Work in Progress [On-going ActivitiesJ 050% and 70% benchmark
: 0 Accomplishment Narrative [Activity CompletedJ
I Check appropriate box and reference the Scope of Services, included in your contract, as the basis for reporting the .
I work in progress or accomplished in a brief narrative formal. ~ta~~cop~_~ Services L. ______________ .I
lSectioR1 IV:-Oth~r SuppoU1ting Efforts _____________ .. _ .. _______ .. ______ .. ______ .. _
: Provide a description, using quantifiable data, of all other supporting efforts that have begun, partially implemented, or I
~_Clmp~:,!:.9.juring this perio~ _____________ .. _. _____ -'
) Seciion V: Problems Encountered
i Provide a briefdescription of any problems or delays encountered during this period or anticipated. ,
'-----_.-' ----.-.. ---.---.----------------.----------.------.--~-,,---,
.~-=.------.--.---.----.. ' ! Secticln1 VI: TechnicaiAssistance
[ If your organization has a need or anticipate a need for technical assistance during this period, please describe the
i nature of the assis~Cl':1.c':. required, _ .. _________________ .. __ _ __ -'
----.-:-:--c--=----------i Section VII: Perlormance Measurement. _ _ _____ ,
*Notes: A Supplemental Performance & 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, _0
Accomplishment Type: 0 People [01J 0 Households [04J 0 Businesses [08J 0 Organizations [09J
o Housing Units [10J 0 Public Facilities [11J 0 Jobs [13J
National Objective: 0 Area Wide Benefit [e,g. LMA, LMAFI, LMASA, SBAJ -or-0 Direct Benefit [e.g. LMC, LMH, LMJJ
! People or Households o Achievements: 0 Yes 0 No
( If yes, what is the accomplishment type? 0 People -or-0 Households
People Households (LMH activities only)
Total People Low/Mod Total Households Low/Mod Female Headed
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y / N ___ _ Performance & Benefit Data:
CDI141S1712 Rev 11114/17
2013
ATTACHMENT C
PUBliC HOUSING AND COMMUNiTY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY20 __
D Housing -or-_ D Public Service & Administration -{)f-D Capital Improvement & Public Facilities i Housing Units' Achievements: DYes D No ---------------------------
--Owner Renta! Buyer Tolal
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached YIN ==;;;::=:... D Performance & Benefit Data: H~_u_s_in~ ____ _
i Job;-~r Busi~;sses-·--A~hi;~~-ments D Yes -ElN~----------
i If yes, what i~..!tJe accomplishmenll)rpe?g Jobs_-or-[lB.!:l~ness_~ ____ _
Total Job Count Total Weekly Hours
Jobs Created Full-Time 1FT) FT Low IlIIiod Part-Time (PT) PT low I Mod
Projected Goal
Act"a! This Quarter
Actual Cumulative
Assistance to Businesses Projected Goal Actual This Quarter' Actual Cumulative
New Businesses
Existing Businesses
Total
Percent
Low I Mod Jobs
Supplemental Report Attached YIN ___ _ D Performance & Benefit Data: Economic Development
PERfORMANCE CERTIFICATION: D This certifies that No Accomplishments occurred during this Quarter_
Initials
NOTE: Submittal of Supplemental Form -Performance & Benefit Data is not required at this time based on the
certification that no accomplishments occurred during this quarter.
CERTIFICATION
This is to certify that the data -and other information provided in this 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: ------=--:--:-:cc------Title: __________ _ Date: -----Print Name
Signature of Certifying Official: _________ Title: ___________ Date: _____ _
FO~PHCDUSE ONLY Activity lOIS Number:
Report D is I D is not complete < Report Dis I D is 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 any Department or
Aaencvofthe United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request.
3013
COl141S1712
ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Suppiement to Quarter!y Expenduture & Progress Report
FY20
Recipient Name: Reporting Period
Activity Name: _______________________ _
lOIS # : Activity Category: _______ _
HUD Activity Matrix Code: _____ Accomplishment Type: _____ _
1~ Quarter [Jan-Marl
20d Quarter [Apr-Jun]
3rd Quarter [Jul-Sept]
. 4th Quarter [Oct-Dec] I
HUD Matrix Code Description: _________________ _ Annual Report
D Acquisition I Disposition
D Clearance I Demolition
D Street Improvements
o Structures -D Parcels # of Structures
o Structures> 0 Parcels # of Parcels
Persons Served> Low/Mod Income· # of Facilities
0
0
0
0
D Public Facility I Type: ____ _ Persons Served> Low/Mod Income # of Persons Served
D Building /Type: Facilities> Persons Served 0 Low/Mod Income ___ # of Low/Mod Income
D Other Capital Improvement {Type:
[indicate below]
Persons Served 0 Low/Mod Income
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 or Infrastructure that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted. _____ Total
Homeless persons given overnight shelter
Number of beds created in overnight shelter or other emergency housing
Is this activity located in a NRSA? DYes ONo
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami-Dade County's website -Services Near
You: http://qisweb.miamidade.qov/CommunityServicesJ. A coPy of the printout must be included with this report.
Provide the following information:
NRSA # of Clients Served # of Clients Served
C0115151712V
1 of 3
NRSA
PUBLIC HOUSING AND COMMUNITY DEVElOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY20
# of Clients Served # of Clients Served
Location / Project Address: ---;c;----;-;-=__;=--=~---;=-~:-;--;---o-;;-_c_-__;-_;__;_;_---
Street / City / Zip Code -or-Folio Number is there is no street address
Location / Project Address: ---;c;----;-;-=__;=--=~---.=-c~:-;--;---o-;;--c--__;-_;__;_;_---
Street / City / Zip Code -or-Folio Number is there is no street address
i
RACE & ETHNICITY CATEGORY
instnJlctions: (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 Comulative IYTD Tolals
Race Ethnicity .. .Race> , EthniCity
Racial Categories Total Number # Hispanic Total Number ftHispanic
White [11] .: ..•.....•. :., .. ' ... : ... : .. ' ..
Black I African American [12] ... .... .: ... .:.
Asian [13] .. . .•...... .. : ....
American Indian / Alaskan Native [14] .. .. · ... ., .
Native Hawaiian / Other Pacific Islander [15] .. . .. .. . . . ...
American Indian / Alaskan Native & White [16] ...
. ... ..
Asian & White [17] .. .. . : ..
Black / African American & White [18] . .. ....
American Indian or Alaskan Native & Black / . I . •....
African American [191 .. : ..
Other / Multi Racial [20] . ..
Totals .. . ... . . ..
OTil-IER 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 . ... . . , . . .
. .. · .
Reporting based on household units only.
I Number of Female Headed Households I
Census ( C) or Survey (S) Data Used: ___ _ If (S), enter # of Low/Mod & Total Population:
Total # of Low/Mod in Service Area: Total Low/Mod Universe Population in Service Area:
Percent of Low/Mod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
.
I
COII5151712V
2 of 3
PUBUC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACiLITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
I@ REQUIRED ATTACHMENTS [if applicable]: 1) Certificate of Completion; 2) Printout of NRSA map, if applicable; 3)
I Documentation of performance I accomplishments, e.g" new or improved access to services, facility, or infrastructure
I upgrade; and 4) Documentation as described in the Contract or Scope of Services, or as instructed by the County.
Report Prepared by: Title: Date:
--------~~~----------~ ~----------------~----------~
Print Name
Sig nature of Certifying Official: ______________________ Title: ___________________ Date: ____________ __
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request COII5151712V
3 of 3
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
•
AQency · Activity Name · · · Funding Source I Year · · · Amount IIDIS # · :
Project Location · · · · " .. " ............... 0 ........................................................................................................... ., ...... 00 ........ 00 .............. 0 .. 0 ................ ..
LMI Limited Clientele Criteria (Must check one below & Provide documentation as required)
D 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 sole member is a person aged 62 or older),
o Severely disabled,
o Homeless persons,
o Illiterate adults,
o Persons living with AIDS,
o Migrant farm workers
D 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
D
D
D
Yes
D
D
o o o
No
o
D
NOTE: SHOULD ANY OF THE ABOVE NOT BE PROVIDED, QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO
THE AGENCY AND WILL BE CONSIDERED NON-COMPLIANT
Page 1 of2
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
o 3. Required Documentation: -Data showing the size and annual income for the family of each person receiving
the benefit and that at least 51 % of those served are LMI.
REQUIRED DOCUMENTATION A MUST -NO EXCEPTIONS Yes No
• PH CD General CDBG Intake Eligibility Form (Current Income Must be Attached) 0 0
Select One Form of Proof to Provide:
• Pay Stub( s) 0 0
• Aid to Families with Dependent Children (AFDC) or
Temporary Assistance to Needy Families (TANF) 0 0
• Food Stamp Official Print out Letter 0 0
• Unemployment Benefits Letter with Amount 0 0
• Proof of Child Support or Alimony 0 0
• Proof of SSAISSI or Veteran's Benefits 0 0
• Proof of Retirement Income (Must be attached for Senior Programs) 0 0
* Other Income 0 0
Prepared by (Print) Agency Official Signature and Date
NOTE: SHOULD ANY OF THE ABOVE NOT BE PROVIDED, QUARTERLY PROGRESS REPORTS WILL BE RETURNED TO
THE AGENCY AND WILL BE CONSIDERED NON-COMPLIANT
Page 2 of 2
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
LIMITED INCOME (LMI) LIMITED CLIENTELE (LMC) I liMITED JOBS (LMJ) I LIMITED HOUSING (LMH)
NAME: ____________________ PHONE: __________ _
ADDRESS: ___________________ -'-___ -'ZIP: ________ _
Gender: 0 Male 0 Female Ethnicity: 0 Hispanic o Not Hispanic
Race (Please check the race category which applies to you): o White 0 Black/African American o American Indian/Alaskan Native
o Asian 0 Black/African American & White o American Indian/Alaskan Native & White
o Asian & White 0 Native Hawaiian/Other Pacific Islander o Other: Multi Racial
o American Indian or Alaskan Native & Black/African American
Home
INCQME VERIFICATION DATA
The assistance you receive is determined in part by the size of your household and your income. All income and assets will require
verification before eligibility will be granted. Income includes all money coming into the household from all persons over 18 years old.
Wages, salaries, tips, commissions; Self-employment income; Retirement, Survivor, or 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' 0JA) payments,
unemployment compensation, alimony, and child support must be disclosed.
Household Member Source of Income Gross Monthly Amoun! Received
1. $
2. $
3. $
4. $
5. $
I ... come 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 Printoutlletter.
Letter confirming amount of unemployment benefits received, proof of child support or alimony, proof of SSAISSI or Veteran's
Benefits, or proof of retirement income. MUST ATTACH A COPY OF DOCUMENTS -NO EXCEPTIONS.
I, the undersigned applicant, do hereby authorize _____ ===;::;-____ t,o verify my personal records, including
(Name of Agrcy)
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 AM AWARE THAT IF I MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY
OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED WITH FINES OR
IMPRISONMENT OF UP TO FIVE (5) YEARS, OR BOTH, UNDER SECTION 1001 OF TITLE 18, UNITED STATES CODE, AND I
ALSO MAY BE SUBJECT TO CIVILAND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS.
Signature of Applicant Date
Page 1 of2 CD/17/51712N3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
CDBG INCOME ELIGIBILITY 24 CFR 570.208
Activity classified under family size and income 24 CFR 570.208(a)(2)(i)(B)
Activity is classified based on income eligibility requirements 24 CFR 570.208(a)(2)(i)(C)
that restrict it exclusively to low-and moderate-income persons
24 CFR 570.S06(b)(3)(iii)
24 CFR 570.506(b)(3)(iii)
'-OEFlNlrioNSI24CFRS70."3----------------------------------.. ----------------------.--------------
I Family means all persons living in the same household who are related by birth, marriage or adoption.
; Household means all the persons who occupy a housing unit The occupants may be a single lamily, one person living alone,
, two or more families living together, or any other group 01 related or unrelated persons who share living arrangements.
Income. For the purpose of determining whether a family or household is low-and moderate-income under subpart C of this
part, grantees may select any of the three definitions listed below lor each activity, except that integrally related activities of the
same type and qualifying under the same paragraph of 570.208(a) shall use the same definition 01 income. The option to
choose a definition does not apply to activities that qualify under 570.208(a)(1) (Area benefit aclivities), except when the
recipient carries out a survey under 570.208(a)(1)(vi). Activities qualilying under 570.208(a)(1) generally must use the area
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 01 the homeowner's primary
residence may be excluded Irom any calculation of Net Family Assets); or
Estimate the annual income of a family or household by projecting the prevailing rate of income 01 each person at the time
assistance is provided lor the individual, family, or household (as applicable).
Estimated annual income shall include income from all family or household members, as applicable. Income or asset
enhancement derived from the CDBG-assisted activity shall not be considered in calculating estimated annual income,
Low-and moderate-income household means a household having an income equal to or less than the Section 8 low-
income limit established by HUD.
Low-and moderate-income person means a member of a lamily 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 lor this purpose.
Low-income household means a household having an income equal to or less than the Section 8 very low-income limit
established by HUD.
Low-income person means a member of a family that has an income equal to or less than the Section 8 very low-income
1~lllit _~~~blish"",_~~_ri ~I}'ynrela~d_ in_~~vld~_~!~_s..l1_~!!b_"__~o~~~d~~d _ _".s _",_,,-e:per~n laJ11!lie_~()r_thls pUIJl()s",--_ ____ __ __
INSTRUCTIONS FOR IMPLEMENTING AGENCY
["YOu must" firStseekthTrd pa;ty-ve-rificatimThiSisa-verlfieationthat iSreceiveddlfeCtly-iro":;-thesourceol incon'-e:-ThereclueSt-can-Oj
!_b-"'.EY_'!'_~0-"",-",_~,!,_ail. __ ~t..'!'_~st b,,_cle-,,-,Iy~~~i~en,-~_!t>_~t it_""asrec~!':'.'!.~.!':9111_l~-"_~.()~rc:"'-__ .. ___ ._________________~ _______________ j
Income Limits for Fiscal Year 2017 (Effective 04/14/2017)
~~~",,~.,,~~~checkthe
Warning: Tftle 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudu/ent statements to any Department or
Agency of the United States is guilty of a felony. State law may also provide penalties forfa/se or fraudulent statements.
This material is available in an accessible format upon request.
2of2
CO/17/517121V3
VIVIENDA PUBLICA Y DESARROLLO COMUNITARIO
FORMULARIO GENERAL DE ADMISiON PARA CDBG
INGRESOS (LMI*, porsus sigh:lsen ingleS), CLIENTES (LMC**, por sus siglas en ingleS), EMPLEOS (LMJ***, porsussiglaseningleS)
VIVIENDAS (LMH****, porsussiglaseningleS) BAJOS Y MODERADOS
!\IOMBRE: ____________________________________ TELEFONO: ____ ~~~~-------
CODIGO
DIRECCION: ____________________________________________ __ POSTAL: ______ _
Genero: O I' OF . Origen Mascu Ina ememno etnico: o Hispano 0 No Hispano
Raza (Par favor, marque la categoria de raza que Ie correspond e): o Blanco 0 Negro/Afro Americana o Indigena Estadounidense/Nativo de
Alaska o Asiatica o Negro/Afro Americana y Blanco
o Asiatica y Blanco o Nativo de Hawaii Otras Islas del Pacifico
o Indigena Estadounidense I Nativo de Alaska I Afro Americana
Menci6nese a Usted mismo y a todas las personas que
o Indigena Estadounidense/Nativo de Alaska
yBlanco o Otros: Multi Racial
.. n~" I. Parentesco Genera ~
1. F=I ~~
2. ~:~~
Si
3. No
lSi
4. I No
lSi
5. INa
lSi
6. No
Si
17. j'lo_
Is F= ~~
DATOS'DELAVERIFICACloi\l DE INGRESOS
La ayuda que Usted recibe se determina en parte par el numero de miembros en su nueleo familiar y de sus ingresos. Todos los
ingresos y los bienes deberan ser verificados antes de que la elegibilidad sea concedida. EI ingreso incluye todas las sumas de
dinero que reciben todos los miembros del nucleo familiar mayores de 18 anos. Los salarios, sueldos, propinas, comisiones; los
ingresos como trabajador par cuenta propia; Pensiones de jubilacion, de supervivencia, par discapacidad; la jubilaci6n del Segura
Social a del Ferrocanil, ellngreso Suplementario de Seguridad, la Ayuda a las Familias can Ninos Dependientes (AFOC, par sus
siglas en ingles), la Ayuda Temporaria a las Familias Necesitadas (TANF, par sus siglas en ingles), los Sellas para Alimentos, u
otro tipo de ayuda publica, a de programas publicos de ayuda social, a de ingresos provenientes de patrimonios a fideicomisos;
asi como otras fuentes regulares de ingresos, ineluyendo los pagos a los Veteranos 01A, par sus siglas en ingles), la
compensacion par desempleo, la pension alimenticia y la manutencion de menores deber;," ser deelarados.
Miembro del Nucleo Familiar Fuente de Ingresos Manto del Ingreso Bruto
Mensual Recibido
1. $
2. $
3. $
4. $
5. $
Documentacion Aceptable para verilicar la Elegibilidad a partir de los Ingresos: Copia de las colillas de pago (del empleador
anterior), la Ayuda a las Familias con Ninos Oependientes (AFOC, par sus siglas en ingles) 0 la Ayuda Temporaria a las Familias
Necesitadas (TANF, por sus siglas en ingles) la Impresion 0 la Carta Oficialde las Estampillas de Alimentos, la Carta confimnando
®: Pagina 1 de 3
CD/17/51712N3
VIVIENDA PUBLICA Y DESARROllO COMUNITARIO
FORMULARIO GENERAL DE ADMISION PARA CDBG
la cantidad de beneficios percibidos par desempleo, la prueba de la manutencion de menores a del pago de la pension alimenticia,
la prueba del SSNSSI a de los Beneficios de los Veter~nos a la prueba de los ingresos par jubilacion. DEBERA ADJUNTARSE
UNA COPIA DE LOS DOCUMENTOS -SIN EXCEPCION.
Quien suscribe, el solicitante, par media de la presente autorizo a a fin de que verifique mis
antecedentes persoo~les, incluyendo: (Nr?l"£DredelaAgenda)
los salarios, pension'es e inversiones. Se entiende que esla autorizacion se otorga con el unico proposito de certificar mi elegibilidad
para la ayuda financiera federal, y que toda la informacion adquirida en este sentido seguin' siendo confidencia!.
CON MI FIRMA, RECONOZCO QUE TODA LA INFORMACION QUE HE PROPORCIONADO ES VERDADERA Y CORRECTA A
MI LEAL SA8ER Y ENTENDER. SOY CONCIENTE DE QL!E SI HAGO ALGUNA DECLARACION FALSA INTENCIONALMENTE
EN ESTA CERTIFICACION 0 EN CUALQUIER OTRA DOCUMENTACION QUE PROPORCIONE PARA LA ELEGIBILIDAD DEL
PROGRAMA, PUEDO SER CASTIGADO CON MULTAS 0 CON LA CARCEL DE HASTA CINCO (5) ANOS, 0 AMBOS, BAJO LA
SECCION 1001 DEL TITULO 18, DEL COOl GO DE LOS ESTADOS UNIDOS, Y QUE TAMBIEN PODRIA ESTAR SUJETO A LAS
MULTAS Y SANCIONES CIVILES Y/O ADMINISTRATIVAS PERTINENTES.
Firma del Solicitante Fecha
ELEGIBILIDAD DE LOS INGRESOS PARA EL SUBSIDIO EN 24 CFR 570.208
BLOQUE PARA EL DESARROLLO COMUNITARIO (CDBG,
por sus siglas en ingles)
Aclividad clasificada bajo los ingresos y la composicion del 24 CFR 570.208(a)(2)(i)(8) 24 CFR 570.506(b)(3)(iii)
I grupo familiar
La actividad se clasifica a partir de los requisitos de elegibilidad 24 CFR 570.208(a)(2)(i)(C) 24 CFR 570.506(b)(3)(iii)
de los ingresos que se limitan exclusivamenle a las personas
de ingresos bajos y moderados
DEFINICIONES 124 CFR 570.3
Familia: Se refiere a todas las personas que vivan en la misma casa, que esian relacionadas pDr nacimiento.
matrimonio 0 adopci6n.
!\lucleo Familiar: Se refiere a todas las personas que ocupan la vivienda. Los ocupantes podrian ser una sola familia, una
persona viviendo sola, dos a mas familias viviendo juntas a cualquier otro grupo de personas relacionadas a no que
compartan las condiciones en materia de vivienda.
Ingresos: Can el fin de determinar si los ingresos de una familia a de un nucleo familiar son bajos a moderados denlro de la
Subseccion C de esta seccion, los beneficiarios podrian seleccionar cualquiera de las Ires definiciones enumeradas abajo
para cada aclividad, salvo que las actividades integralmente relacionadas que sean del mismo tipo y que califiquen dentro del
mismo apartado del 570.208(a) deban utilizar la misma definicion de los ingresos. La opeion de elegir una definicion no se
aplica a las actividades que califican can el 570.208(a)(1) (Actividades de beneficia del area), salvo cuando el beneficiario
lIeve a cabo una investigacion de acuerdo can el 570.208(a)(1 )(vi). Las actividades que califican de acuerdo can el
570.208(a)(1) generalmente deberan utilizar los datos de ingresos del area provistos par HUD a los beneficiarios. Las tres
definiciones son las siguientes:
(i) Los ingresos anuales tal como se los define en el programa de Pagos de Ayuda para la Vivienda de la Seccion 8 en el
Titulo 24 del Codigo Federal de Regulaeiones 813.106 (salvo que la ayuda para la CDBG que se proporcione tenga
relacion can la rehabilitaeion al propietario de acuerdo can el 570.202, el valor de la residencia principal del propietario se
pod ria excluir del calculo de los Activos Netas de la Familia); a bien
Calcular los ingresos anuales de una familia a de un nucleo familiar efectuando una proyeccion de la tasa predominante de
ingresos de cada persona al momenta de proporcionarsele la ayuda a la persona, a la familia a al nucleo familiar (segun
corresponda).
EI Ingreso anual estimado debera incluir los ingresos de toda la familia a de los miembros del nucleo familiar, segun sea el
caso. La mejora en los ingresos a en los bienes derivada de la actividad de la ayuda del CDBG no se considerara para
calcular los ingresos anuales.
Hogar de ingresos baios y moderados se refiere a un nucleo familiar que tiene un ingreso igual a inferior allimite de bajos
ingresos de la Secei6n 8 establecido par HUD. (LMH, par sus siglas en ingles)
Advertencia: EI Titulo 18, Articulo 1001 del C6digo de los Estados Unidos establece que una persona sera hal/ada culpable de un delito penal grave
cuando intenciona/mente haga declaraciones (alsas 0 fraudulentas ante cua/quier departamento 0 agencia de los Estados Unidos. La ley estata!
podria prever sanciones para las declaraciones falsas 0 fraudulenlas.
Esle material e5tft disponible en un formato accesible a pelici6n. CD/17/51712N3
2 de 3
VIVIENDA PUBLICA Y DESARROLLO COMUNITARIO
FORMULARIO GENERAL DE ADMISION PARA COBG
Persona de ingresos baios y moderados S6 refiere a un miembro de la familia cuyo ingreso es equivalente 0 inferior al
limite. de ingresos bajas de la Secci6n 8 establecido por HUD. Los individuos no emparentados se consideran,n familias
unipersonales para este prop6sito. (LMI, por sus siglas en inglss)
Hogar de ingresos bajos se refiere a un hogar can un ingreso igual 0 inferior al limite de ingresos muy bajo de la Secci6n 8
establecido par HUD. (LMH, por sus siglas en ingles)
Persona de Bajos Ingresos se refiere a un miembro de una familia cuyo es un ingreso igual 0 inferior al limite de ingresos i
muy bajos de la SecGi6n 8 establecido por HUD. Los individuos no emparentados deberan considerarse como familias
L ... ':'.'2ip~~sona~~.pa!.a .. ~st"2-,op6.silo-,-(LJ'II<:;.!p.or:~s"i~I".~~.il1gJ.e.sL ........ .... ....................... .............................._ .................. .
INSTRUCCIONES PARA LA AGENCIA DE EJECUCION
iUsted'debeiiip"dirpnmerameiite la verificaci6ndetercaros. S"tratadel.Jna verificaci6n'proveriiente'(jjreclamenle 'de la fue"le del
i ingresos. La solicitud puede ser enviada por correo, por fax 0 por correo eleclr6nico. Debera quedar bien claro que fue recibida de i
U<!!Llt3.nt"''-_. __ ...... __ .. _ .. _ .. _.....___._.... .... __ ._ .. _ ............................. ............................ . ........ __ .. _ ... ;
$15,900 $26,450
2 $18,150 $30,200
3 $20,420 $34,000
4 $24,600 $37,750
5 $28,780 $40,800
6 $32,960 $43,800
7 $37,140 $46,850
8 $41,320 $49,850
Note:
LMI* (LOW·MODERATE INCOME): Ingresos bajos 0 moderados
LMC** (LOW·MODERATE CLIENTELE): Clientela de Ingresos bajos 0 moderados
LMJ*** (LOW·MODERATE JOBS): Empleos de Ingresos bajos 0 moderados
LMH**** (LOW·MODERATE HOUSING): Vivienda de Ingresos bajos 0 moderados
$42,300
$48,350
$54,400
$60,400
$65,250
$70,100
$74,900
$79,750
Adverlencia: Ef Titulo 18, Articulo 1001 del C6digo de los Estados Unidos estab/eee que una persona sera hal/ada culpable de un delito penal grave
cuando intencionalmente haga declaraciones fa/sas 0 fraudu/entas ante cua/quier departamento 0 agencia de los Estados Unidos. La ley estatal
podrfa prever sanciones para las decfaraciones falsas 0 fraudulentas.
Este material esta disponible en un formato accesible a peticion. CDI17151712N3
3 de 3
ATTACHMENT D
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures i~"
to fosler the Implementation of environmentally compatible activities. As a grant or loan--
recipient, Miaml-Oade County will not lund projects that will negatively impact cllents;--'
communities, or the environment. .. ".
Part I. AGENCY AND pROJECT DETAIL
1. Indicate Funding Source:
(gJ CDSG o HOME o HOPE VI o HOMELESS (SRO/SHP) o ED! o NSP
2. Indicate Fiscal Year: FY 2017
3. Name of SubrecipientiAgency: City..,o"'f-=S"'o"'ut:.:;h"'M=ia"'m"'i ____________ _
4. Name of Proposed Activity: Gibson-Bethel Community Center -Restrooms Renovation
5. Location (Address with City, ST and Zip) of Activity or Proiect:
Gibson-Bethel Community Center
5800 SW 66th St.
South Miami, FL 33143
6. Site Folio Number(s):
I 09-4025-028-0130
7. Commission Districl(s): Board of County Commissioner, Xavier Suarez, District 7
8 D' t C t t' f f I tree on ac In ormation 0 oan/grant recIpient:
Name: Angelica Bueno
Address: 6130 Sunset Drive
City: South Miami I State: FL I Zip: 33143
Phone: (305) 668-2514 I Fax:
9. Detailed description of activity or project:
Project entails professional architectural layout and specifications including: plumbing
fixtures replacement and installation of fixtures with a new water.efficiency technology, and
re-tile floor and walls, at four (4) restroom facilities at the Gibson·Bethel Community Center.
The work consists of furnishing all permit's application, labor, tools, supervision, means of
transportation, equipment, and materials. Phase 1 consists of hiring a firm to provide
architectural layout. Phase 2 entails hiring the most responsive firm to complete construction
and remodeling services.
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
Capital Improvement
1 i. What is the status of activity or project? For example, Pre"Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed, etc.
Presently no action has been taken yet.
The Project will commence, as soon as funds become available
and an award letter is issued.
Part II. PROJECT OUTCOME
Will the activity or oroiect result in the followino?
YES NO
X 1. Change in use
X 2. Sub"surface alteration (I.e. excavations)
X 3. New construction
X* see below 4. Renovation or demolition
X 5. Site improvements (utilities, sidewalk. landscaping, storm
drainage, parking areas, drives, etc.l
X 6. Building improvements (windows, doors, etc.)
X 7. Displacement of persons, households or business
X 8. Increase in population working or living on site
X 9. Land acquisition
X 10. Activity in 1 OO"year floodplain
X 11. A new nonresidential use generating at least 1,375,000
oallons of water or 687,500 aallons of sewaoe per dav.
X 12. Use requirtng operating permit (I.e. for hazardous waste,
pretreatment of sewaae, etc.)
X 13. A sanitary landfill or hazardous waste disposal site
X 14. Tree removal or relocation
X 15. Street Improvements
X 16. The impounding of more than 10 acre feet of water (e.g.
diooina a lake or divertino or deeoenino of a body of waterl.
* Scope: EXlstmg plumbmg fixtures replacement and re-ttle ofrestrooms.
2
Part III. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the eXisting and proposed land use:
• Exisling?
Existing -Recreational Use.
• Proposed?
No changes to the Recreational Use.
, Does the site have any known contaminants?
DYES IX1 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. Sile 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 IX1 NO
If yes, a sile plan must be provided. Project(s) will not be environmentally reviewed without a
stle plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation? Existing plumbing
fixtures replacement of four restrooms
IX1 YES o NO
If yes, photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
information:
• Existing structure(s) on site? 12:1 YES o NO
o Estimated age of structure(s)? _14 years old __
3
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
[gJ YES DNO
If yes, what is the estimated cost of rehabilitation or renovation? _$129,000 (includes
architectural drawings, $29,000; and construction, $100,000), ___ _
What is the amount sought for funding? $70,846
In addition, indicate jf the estimated value of the improvement represents:
[gJ 0 to 39.9 percent of the market value of the structure(s) o 40 to 49.9 percent of the market value of the structure(s) o 50 to 74.9 percent of the market value of the structure(s) o 75 percent or more of the market value of the structure(s)
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 [gJ NO
If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be'
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning fOT 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 ~ NO
6. Environmental Health Information:
• If a residential site and the activity includes or involves rehabilitation, has it been inspected
for defective paint surfaces? NI A
DYES ONO
If yes, please submit the results.
a Have any child under the age of six at the site been tested for elevated levels of lead in the
body?
DYES [gJ NO
If yes, please submit the results.
4
7. Other Site Information:
YES NO
1. Flood insurance required? X
2. Public water available on site? X
3. Public sewer available on site? X
4. Children under 6 years of age residing on X
site or relocating to site (including day care
facilitv)?
5. Hazardous waste disposal facility? X
6. Storage of hazardous materials on site? X
7. Abandoned structure(s) on site? X
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit streeUplat maps thai depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: fu!.!m!l! a scope of service, an itemized budget, and a site plan.
3. For hOllsing/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~ch, I am aware tha19milted information
couid deiay the commencement of m rgaruzatlOn's project. ~nd all approved
environmental reviews are valid for 0 (1) year maxi
Steven J. Alexander
Print Name
City of South Miami
Name of Organization or Corporation
Signature
City Manager
Title
Iz!<o!n
'Date
Unless otherwise indicated, return completed form and attachments to:
Project Management Division
Public Housing and Community Development
701 NW is' Court • 14th Floor
Miami, Florida 33136
5
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 Housing Pre-Dev. X
Capital Improvement
Handicapped Access X
Public Facilities X'
Infrastructure X'
Public Services
Employment X
Crime Prevention X
Child Care X
Youth or Senior Services X
Supportive Services X
Type of Publication No Public No Public No Public Notice/No
Notice/No Notice/No RROF (No Statutory
RROF RROF Requirement
Triggered)
Q[
Publish NOI/RROF
Estimated Time Frame (Excluding 30-45 Days 30-45 Days
Tri ered Statutes
X' If for continued use and change in density (or size) of le88 than 20%
X' Change in density (or size) of more than 20%
* •• -, ....
Exempt
CENST
CEST
EA
CD/38/10412
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
EA~"'**
X
X'
X'
X
X'
X'
Publish
FONSI and
NOIIRROF
90 Days
Minimum
PUIBLIC HOUSING AND COMMUNiTY DEVELOPMENT (PHCD)
UNIFORM AffiDAVITS
ATTACHMENT E
Federal Employer Identification Number (FEIN) Dun & Bradstreet Number (O-U-N-S"j
A) Name of Entity, Individual(s), Partners or Corporation B) Doing Business As (If same as line A, leave blank)
street Address (P,O. Box Number is not permitted) City State (U.S.A) Country Zip Code
1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT
(Sec. 2-8.1 of the Miami-Dade County Cede)
Firms registered to do business With Miami-Dade County, shall require the person contracting or transacting such bUsiness with
the County to disclose under oath his or her full legal name, and business address," Such contract or transaction shall also reqUire
the disclosure under oath of the full legal name and business address of all individuals having any Interest (legal, equitable,
beneficial or otherwise) in the contract other than subcontractors, materialmen, suppliers, laborers o[ lenders. Post office box
addresses shall not be accepted hereunder. If the contract or business transaction is with a corporation the foregoing information
shall be provided for each officer and director and each stockholder holding, directly or indirectly, five (5) percent or more of the
outstanding stock in the corporation. If the contract or bUsiness transaction is with a partriership, the foregoing infonnation shall
be provided for each partner. If the contract or business transaction is with a trus~ the foregoing information shall be provided for
the trustee and each beneficiary of the trust. The foregoing disclosure requirements shall not apply to contracts with publicly_
traded corporations, or to contracts with the United states or any department or agency thereof, the State or any political
subdivision or agency Ihereof, or any municipality of this State. Use duplicate page if needed for additional names.
If no officer, director or stockholder owns (5%) or more of stock, please write "None" be/ow.
PRINCIPALS
FULL LEGAL NAME TITLE ADDRESS
OWNERS CHECK BOXES BELOW
GENDER RACE I ErnNICITY ..
J:
li1 -w 0 0
~ ~ ~m
FULL LEGAL NAME TITLE ADDRESS F '0 ·c~
M ~ •• 0 "-, Ez .. 'c -m «0
0 f ~ • c~ m]1 0 ~ .~~ h '" '" -£ ro "" zO:
0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0
If a percentage of the firm ;s owned by a publicly traded corporation, indicate be/ow In the space 'Other Corporations~.
OTHERCORPORATlONS 0 0 0 0 0 0 0
0 0 0 0 0 0 0
0 0 0 0 0 0 0
Page 1 019 CD/52f31413N
0;
;;
0
0
0
0
0
0
0
0
PUBUC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UN~FORM AfFiDAVITS
2. MIAM~DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT
(County Ordinance No. 90-133, amending Section 2.8-1 (d) (2) of the Miami-Dade County Code)
The following information is for compliance with all items in the aforementioned Section:
1. Does your firm have a collective bargaining agreement with its employees? Yes 0
2. Does your finn provide paid health care benefits for its employees? Yes 0
No 0
No 0
3. Provide a current breakdown (number of persons) in your firm's work force indicating race, national origin and gender.
NUMBER OF EMPLOYEES
Males
Whoe
Black
Hispanic
Asian I Pacific Islander
Native Amerlcan I Alaskan Native
Olher
Total Number of Employees
3. MIAMI·DADE EMPLOYMENT DRUG·FREE WORKPLACE AFFIDA VlT
(Section 2·S.1.2(b) of the Mlami·Dade County Code)
Females
I
Total Employees
All persons and entities that contract with Miami-Dade County are required to certify that they wi!! maintain a drug-free workplace
and such persons and entities are required to provide notice to employees and impose sanctions for drug violations occurring in
the workplace.
In compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, the above named firm is providing a drug-free
workplace. A written statement to each employee shalf infolTIl the employee about:
1. Danger of drug abuse in the workplace
2. The firm's policy of maintaining a drug-free environment at all work places
3. Availability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be imposed upon employees for drug abuse violations
The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the
terms of the drug-free workplace pol1cy and notify the employer of any criminal drug conviction occurring no later than five (5)
days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and Including
termination. Firms may also comply with the County's Drug Free Workpla[;e Certification where a person or entity is required to
have a drug-free workplace policy by another local. state or federal agency. or maintains such a policy of ils own accord and such
policy meets the intent of this ordinance.
4. MIAMI·DADE COUNTY D/SABIUTY AND NOIlt-DISCRIMINA nON AFFIDAVIT
(Article 1, SecUon 2-8.1.5 Resolution R-182-00 Amending R-385-95 of the Miami-Dade County Code)
Firms transacting business with Miami-Dade County shall provide an affidavit indicating compliance with all requirements of Ihe
Americans with Disabilities Act (A.D.A.).
I, state that this 'firm, is in compliance with and agrees to continue to complywilh, and assure that any subcontractor, o~ third party
contractor shall comply with all applicable requirements of the laws including, but not limited to, those provisions pertaining to
employment, provisIon of programs and services, transportation, communications, access to facilities, renovations, and new
construction.
The American with Disabilities Act of 1990 (A.DA), Pub. L. 101-336, 104 Slat 327, 42 U.S.C. Seclions 225 and 611
including TItles I, II, III, tV and V.
The Rehabilitation Act of 1973, 29 U.S.C. Section 794
The Federal Transit Act, as amended, 49 U.S.C. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631
I. hereby affirm that J am in compliance with the below sections:
Section 2-10.4(4){a) of the Code of Miami-Dade County (Ordinance No. 82-37), which requIres that all properly licensed
architectural, engineering, landscape architectural. and land surveyors have an affirmative action plan on file with Miami-Dade
County
SecUon 2-8.1.5 of the Code of Miami-Dade County, which requires that firms that have annual gross revenues in excess of five
Page 2 019 CDI52/31413N
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
(5) million dollars have an affirmative action plan and procurement policy on file with Miami-Dade County. Finns that have a
Board of Directors that are representative of the population make-up of the natfon may be exempt.
5. MIAMI·DADE COUNTY DEBARMENT DISCLOSURE AFFIDA VlT
(Section 10.38 aftha Miami·Dade County Code)
Firms wishing to do busjness with Miami-Dade County must certify that it's contractors, subcontractors, officers. principals,
stockholders, or affiliates are not debarred by the County before submitting a bid.
I, conflm1 that 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 ENTITIESATTESTING BEING CURRENT IN THEIR
OBUGA TlONS TO MIAM~DADE COUNTY
(Ordinance 99-162, amending Section 2-8.1; Ordinance 00-30. amending Section 2-8.1 (0), and Ordinance 00-67, amending 2-8.1
(h), of the Miami·Dade County Code)
Firms wishing 10 transact business with Miami-Dade County must certify that all delinquent and currently due fees, taxes and
parking tickets have been paid and no individual or entity in arrears in. any payment under a contract, promissory note or other
document with the County shall be allowed to receive any new business.
I, confirm that all delinquent and currently due fees or taxes including, but not limited tal real and personal property taxes,
convention and tourist development taxes, utility taxes, and Local Business Tax Receipt collected in the normal course by the
Miami-Dade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firm, have
been paid.
7. MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT
(Article 1, Section 2-8.1(i) of the Miami-Dade County Code through (6) and (9) of the County Gode and County Ordinance No 00-1
amending Section 2-11.1(0) of the County Code)
Firms wishing to transact business with Miami-Dade County must certifY that it has adopted a Code that complies with the
requirements of Section 2-8.1 of the County Code. The Code of Business Ethics shall apply to all business that the contractor
does with the County and shaU, at a minimum; require the contractor to comply with all applicable governmental rules and
regulations.
I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2-8.1 of the
County Code, and that such code of business ethics shall apply to all business that this finn does with the County and shall, at a
minimum, require the contractor to comply with all applicable governmental rules and regulations.
8. MIAMI·DADE COUNTY FAMIL Y LEA VE AFFIOAVIT
(Arliele V of Chapter 11, of the Miami-Dade County Code)
Firms contracting business with Miami-Dade County, which have more than fifty {50) employees for each working day during
each of twenty (20) or more work weeks in the current or preceding calendar year, are required to certify that they provide family
leave to their employees.
Finns with less than the number of employees Indicated above are exempt from this requirement, but must indicate by letter
(signed by an authorized agent) that it does not have the minimum number of employees required by the County Code.
I confirm that if applicable, this firm complies with Article 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 family leave to
their employees.
9. MIAMI·DADE COUNTY UVING WAGE AFFIDAVIT
(Section 2-8.9 of the of the Miami-Dade County Code)
All applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this
section of the County Code.
I confirm that If applicable, this firm complies with Section 2-8.9 of the County Code, which requires that all applicable employers
entering a contract with Miami-Dade County shall pay the prevailing living wage required by the section of the County Code,
Page 3 019 CD152t31413N
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFF!lDAVITS
10_ MIAMI-DADE COUNIT DOMESTIC LEAVE ANO REPORTING AFFIDA VlT
(Article 8, Section 11A w 60-11A-67 of the althe Miami-Dads County Code)
Firms wishing to transac:f: business with MiamiwDade County must certify that it is in compliance with the Domestic Leave
Ordinance.
I confirm that if applicable, this firm complies with the Domestic leave Ordinance. This ordinance applies to employers that have,
in the regular course of business, fifty (50) or more employees working in Miami-Dade County for each working day during the
current or preceding calendar year.
11_ MIAM~DADE COUNTY CRIMINAL RECORD AFFIDAVIT
(Section 2-8.6 of the Miami-Dade County Code)
The individual or entity entering into a contract or receiving funding from the County 0 has 0 has not as of the date of this
affidavit been convicted of a felony during the past ten (10) years.
An officer, director, or executive of the entity entering into a contrad. or receiving funding from the County 0 has 0 has not as of
this date been conviGted of a felony during the past ten (10) years.
(Signature)
Sworn to and subscribed before me this _____ day of ___________ , 20 __ .
personally known, _________________________ _
Or produced identification __________ Notary Public State of ______ _
---;:;:--7=-;--=--;-;--;-----------My commission expires ______ _
(Type of identification)
(Print, type or stamp commission name of notary publiG)
Page 4019 CD/52131413N
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
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.
1.-This form statement is submitted to ____________________ _
by ______________ -,~~~~~~~~~------------------
(Print individual's name and title)
ror ________ ~77~~~~~~~~~~~~~~-------
(Print name of entity submitting sworn statement)
whose business address is -,-_______ -----------------
and if applicable its Federal Employer Identification Number (FEIN) is __________ __
If the entity has no FEIN, include the Social Security Number (SSN) of the individual signing this sworn
statement: SSN ____ -___
2.-I understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes, means a
violation of any state or federal law by a person with respect to, and directly relaled to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the United
States, including, but not limited to any bid or contract for goods or services to be provided to public entity or
agency Dr political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misinterpretation.
3.-I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in a federal or
state tnal 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 pleaot guilty or nolo contendere.
4.-I understand 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 entity and who
has been convicted of a public entity cnme. The term "affiliate" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person ot shares constrtuting 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 pnma 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 laws of any state or of the United States within the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The
term "person' includes those officers, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
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)
Page50f9 CD/52f31413N
PUBLIC HOUSING AND COMMUNnV DEVELOPMENT (PHCD)
UNifORM AFFmAV~TS
Neither the entity submitting sworn statemen~ nor any of its Officers, directors, executives, f'artners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
__ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are aclive in the management of the entity, or an affiliate of
the entity, or an affiliate of the entity had been charged with, and convicted of a public entity crime subsequent
to July 1, 1989, AND (please indicate which additional statement applies).
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and conVicted of a public entity crime subsequent proceeding before a
Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor lis!. (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC 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 THE INFORMATION CONTAINED IN
THIS FORM.
(Signature)
Sworn to and subscribed before me this ____ day of __________ , 20 __ .
Personally known, ___________________________ _
Or produced identification __________ Notary Public-State of ______ _
----'=---;-cc--::::;---;c---;----------My commission expires ______ _
(Type of identification)
(Print, type or stamp commission name of notary public)
Page 6 019 CDI52131413N
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
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 Yes D No D
Multi-Family Housing Rehab Yes D No D
CDBG Commercial Loan Project Yes D No D
U.S.HUD Section 108 Loan Yes D No D
other HUD Funded Programs Yes D No D
other (liens, fines, loans, occupational licenses, etc.) Yes D No D
If YES, please explain:
2.-Do you have any past due financial obligations with Miami-Dade County?
YEsD NOD
If YES, please explain:
3.-Are you a relative of or do you have any business or financial interests with any elected Miami-Dade County
official, Miami-Dade County Employee, or Member of Miami-Dade County's Advisory Boards?
YEsD NoD
If YES, please explain:
Any false information provided on this affidavit will be reason for rejection and disqualification of your project-funding request to Miami-Dade
County
The answers to the foregoing questions are correctly stated to the best of my knowledge and belief.
By: ---;(S"'i~gn""a7tu:-::re'-:oC<f7Ap'-:p"'lic"'a::;nt') ----(Date)
Sworn to and subscribed before me this ____ day 01 __________ , 20 __ .
Personally known ___________________________ _
Or produced identificalion __________ Notary Public-State of ___ ~ __ _
--=---;==;:--;:-c:-;----------My commission expires ______ _
(Type 01 identification)
(Print, type or stamp commission name of notary public)
Page 7 019 CD152131413N
PUBUC HOUS~NG AND COMMUNiTY DEVELOPMENT (PHCD)
UNIFORM AFFiDAVITS
COLLUSION AFFIDAVIT
(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 __ ---,,---,-,-,-_--:-=-,, ___ _
(Insert Name of Affiant)
who being duly sworn states:
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 I am otherwise authorized to bind the bidder of
this contract.
I state that the bidder of this contract:
o is not related to any of the other 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.
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. In the event a recommended contractor identifies related parties in the competitive solicitation its
bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award
unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control
and management of such related parties in the 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 indirect ownership interest in another bidder or proposer for the same agreement. Bids or
proposals found to be collusive shall be rejected.
By:
Signature of Affiant
Print Name of Affiant and Title
__ -:::-:-___ 20
Date
-'_-_'_1_'_'_1_1_'
Federal Employer Identification Number
Print Name of Firm
Address of Finm
Page B Df9 CDf52f31413N
, , PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCID)
UNIFORM AFFIDAVITS
SUBSCRIBED AND SWORN TO (or affirmed) belore me this day 01 ___ ,,20_
He/She is personally known to me or has presented -------=-----,-,-,---c-cc--::---as
identification. Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public state 01 __ _
Notary Seal
Page 9019 CD/52131413N
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8.1 (c) of the Code of Miami-Dade County, as amended by Ordinance No. 00-30)
and
THAT 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.00-67)
I, , being first duly sworn, hereby state and certify
that the foregoing statements are true and correct:
By:
1. That I am the Developer (if the Developer is an individual), or the. _______ Cfili in the title of
the position held with the Developer) of the Developer.
2. That the Developer has paid all delinquent and currently due fees or taxes (including bul not limited
to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal
course by the Miami-Dade County Tax Collector, and County issued parking tickets for 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 contracl,
final non-appeasable 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, partnership or joint venture in which the Developer has a controlling financial interest.
For purposes hereof, the term "enforcement threshold" means any arrearage under any individual
contract, non-appeal able judgment, or lien with Miami-Dade County that exceeds $25,000 and has
been delinquent for greater than 180 days. For purposes hereof, the term "controlling financial
interest" means ownership, directly or indirectly, of len percent or more of the outstanding
capital stock in any corporation, or a direct or indirect interest of ten percent or more in a firm,
partnership, or other business entity.
Signature of Affiant
Printed Name of Affiant and Title
________ -,~~~20,-----
Date
Federal Employer Identification Number
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before methis _____ day of _____ ,20~~.
by _____________ . He/She is personally known to me or has presented
----"'T:=--::;""==:==----as identification. Type of Identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public-State of ______ _ Notary Seal
PUBUC HOUSING AND COMMUNiTY DEVELOPMENT
CONTRACTOR DUE DILIGENCE AFFIDAVIT
Per Miami-Dade County Board of County Commissioners (Board) Resolution No.R-63-14, County Vendors and
contractors shall disclose the following as a condition of award for any contract that exceeds one million dollars
($1 ,000,000) or that otherwise must be presented to the Board for approval:
(1) Provide a list of all lawsuits in the five (5) years prior to bid or proposal submittal that have been filed against the
firm, its directors, partners, principals and/or board members based on a breach of contract by the firm; include the
case name, number and disposition;
(2) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has defaulted;
include a brief description of the circumstances; .
(3) Provide a list of any instances in the five (5) years prior to bid or proposal submittal where the firm has been
debarred or received a formal notice of non-compliance or non-performance, such as a notice to cure or a
suspension from participating or bidding for contracts, whether related to Miami-Dade County or not.
All' of the above infonnation shall be attached to the executed affidavit and submitted to the Procurement Contracting
Officer (PCO)! AE Selection Coordinator overseeing this solicitation. The Vendor/Contractor attests 10 providing all of the
above information, if applicable, to the PCO.
Contract No.:
Federal Employer
_________ Identification Number (FEIN):
ContractTitle:
Printed Name of Affiant Printed Title of Affiant
Name of Firm
Address of Firm Stale
Notary Public Information
Signature of Affiant
Date
Zip Code
Notary Public-State, ____________ _ Countyof ___________ _
Subscribed and sworn to (or affirmed) before me this ________ day of, ________ 20 __
By _____________ He or she is personally known to me 0 or has produced identification 0
Type of identification produced
Signature of Notary Public Serial Number
Print or Stamp of Notary Public Expiration Date Notary Public Seal
212014
"
CERTIFICATION REGARDING LOBBYING
Certification Jfor Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the malcing of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreement in excess of $100,000)
and that all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U. S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
By:
(Signature of Authorized Representative)
Print: __________ ~~~~~~~~~~--~~-----------
(FontName of Firm and Aufhl)rized Representative)
TitRe:
Date:
Agency's letterhead
SAMPLE
AGENCY NAME
DISCLOSURE ABOUT RELATED PARTiES
(DATE)
THERE ARE NO BOARD MEMBERS OF THE _-I('-!AG=EN=C,,-,Y-,-N-,,"-A=M=E'-L) __ _
WHO HAVE ANY RELATiONSHiP OR HAVE MADE ANY TRANSACTION WITH
OTHER ENTITIES THAT MIGHT RESULT IN A CONFliCT WITH (AGENCY
NAME) OPERATIONS.
PUBLIC HOUSING AND COMMUNITY_DEVELOPMENT (PH CD)
ETHICS COMMISSION DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS
Applicant:
Co-Applicant:
In accordance with Section 2-11.1 Subsection (c), and (d) of the Miami-Dade County Conflict of Interest
and Code of Ethics Ordinance, covered persons defined under 2-11.1(b) are required to request an Ethics
Opinion if they are seeking to participate in housing assistance programs administered by the PHCD.
Check if any of the following applies to you:
o Ilwe !!Q..nQ! currently work for Miami-Dade County (no additional action is required).
o l!we amlare a School Board or Federa! Employee. These employees are not covered under
Section 2-11.1 of the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance (no addifional
action is required).
o Ilwe arnlare an appointed or elected County Official (Ethics Opinion must be sought -
ht1p:J/ethics.miamidade.govlfrequenily-used-forms.asp)
o IIwe arnlare a Miami-Dade County Employee (Ethics Opinion must be sought-
http://ethics.miamidade.gov/frequenily-used-forms.asp).
o Please provide the department and division name below:
o "we arnlare immediate family to a Miami-Dade County employee, appointed or elected official.
(*) Immediate family is defined as spouse, domestic partner, parents, stepparents, children and
stepchildren (Ethics Opinion must be sought -ht1p:J/ethics.miamidade.govlfrequenlly-used-forms.asp).
• Please provide the following infonmation regarding the County employee, appointed or elected
official:
Name of employee,
appointed or eleded
official:
OepartmenL
Division, or Board:
Signature of
Applicant
Signature of
Co-Applicant:
Dale:
Warning; Title 18. US Code Section 10D1, states that a person who knowingly and WT7Dng/y maf!es false or fraudulent statements to any Department or
Agenc:y of the United States is guilty of a felony. state law may also provide penalties for false or fraudulent statements.
ALC/AMlCNCDI1/62414N
County Construction Sign
DOOS DNON GOB
STANDARD 4' X 8' CONSTRUCTDON SiGN
1m Ground 1 Sided In Ground :2 Sided
A-Frame 2 Sided
MODIFIED 2' X 3' CONSTRUCTION SIGN I Dportable A-Frame
Quantity required D .
This Form to be Emailed to:
Makingston Chery; cmakin@miamidade.gov
and Hernan Lopez: lopezh@miamldade.gov.
It Project Manager to mark location of
slgn(s) on site.
® InstaU@rto emil S~nshine 811 or 11-800-432-4700
for underground inspection before digging.
ATTACHMENT F
Service Ticket #
Index code
GOB Capital Project Number
Name
Project Manager
Name: _____________ _
Department: ___________ _
Address: ____________ _
Phone Number:
District Commissioner
specific iocation of sign placement
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
(Ordinance 97-35)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title: ____________________ _ Date: ____________ _
Firm Name: ---------------------------------FEIN: ______________ _
Address: _________________ _ City: State: ------------
Zip Code:
Fax: --------------Telephone: ____________________ __
CD/51/31313N
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENTH
SUBCONTRACTOR/SUPPLIER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer ---,,-~,.--__ .,...,=-~,.--__________ _
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed
by the developers on County contracts for purchase of supplies, materials or services, including professional
services which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable
listing meeting the requirements of Ordinance No. 97-104, must be completed and submitted even
though the developer will not utilize subcontractors or suppliers on the contract. The developer
should enter the word "NONE" under the appropriate heading on this form in those instances where
no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract
shall not change or substitute first tier subcontractors, direct suppliers or the portions of the contract work to
be performed, or materials to be supplied from those identified, except upon written approval of the County.
I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge
true and accurate.
Signature Developer(s)
Date
Print Name Print Title
Authorized Representative
(Duplicate if additional space is needed)
Page 1 of1 CD/53/31413N,
PUBLIC HOUSING AND COMMUNnV DEVELOPMENT
Agreement
ATTACHMlENT I
To Authorize Examination of Records and Adhere to Records Retention Requirements
The undersigned agrees to the stipulations noted below for all work, materials, and services provided under
this agreement dated and/or for all other third-party agreements/contracts for labor, materials,
and services related to the work covered by this agreement for the ____________ _
project/activity.
The undersigned shall ensure, and shall require all parties with whom it contracts to ensure, that Miami-Dade
County, the Department of Housing and Urban Development, or Comptroller General of the United States, or
any of their duly authorized representatives shall, have access to and the right to examine any of the following
records from the awardee, sub-recipient, developer, contractor, subcontractor, suppliers and/or any other
entity involved in any capacity in the above-referenced project/activity, for seven (7) years after final payment
under contract. Records shall include, but are not limited to, the following:
Contracts, sub-contracts, audils, financial books, ledgers, copies of canceled checks (front
and back), wire transfer confirmations, payment requests (draws), invoices, receipts,
drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes, other
media storage, pertinent books, documents, papers, or other records-whether physical,
electronic, or in any for;,,--involving transactions related to this contract for the purpose of
making audits, examinations, excerpts, and transcriptions.
The awardee, sub-recipien~ developer, contractor, sub-contractor, sub-tier, suppliers and or any other entity
involved in any capacity in the above-referenced project shall adhere to the following records retention
requirements:
a) Maintain, and require that its sub-contractors and suppliers maintain complete and accurate records to
substantiate compliance with the requirements set forth in the contracVagreement documents for this
project.
b) The undersigned shall retain such records, and all other documents related to the services and
materials furnished for this project, for a period of three (3) years from the completion of the activity or
project.
other information:
a) The County may conduct unannounced visits to offices, satellite offices, work sites, supplier
warehouse, etc. of all entities involved in any capacity in the above-referenced project.
b) Pursuant to the contract, there may be additional records requirement not listed in this agreement.
Entity Name: Employer ID #/FID #: .
Full Address (including City, ST and Zip) and Email Address
Signature:
Print Name: Date:
I Title:
Check one, as applicable:
_ Developer Prime-Contractor
_ Sub-contractor or sub-tier sub-contractor _ Other (specify) ________ _
tit -7+:<'f~;i\' This material Is available in an accessible format upon request. CD/61131616
!Pub~k HOlIJIsilT1lg i3ll1ld CommllJll1lity Deve!o!PlmelT1l'il:
Atti3lchmel1l'il: J
CommulT1Ii1l:y Deve~o!PlmelT1lt lB~m:k Gri3ll1lt (CDBG) !Progri3lm
Not AppikaJb~e