Res No 108-20-15548RESOLUTION NO.:1t)8-20-15548
A Resolution authorizing the City Manager to pay Stantec to complete professional
engineer services for various improvements at Marshall Williamson Park.
WHEREAS, the City received a Community Development Block Grant (CDBG) award in the
amount of $150,000 from Public Housing and Community Development (PHCD) of Miami Dade
County. As part of the agreement, the City is responsible for contributing $50,000 towards the
project, totaling $200,000 in project spending; and
WHEREAS, the grant agreement provides funding towards professional engineering
construction plans and various safety and ADA capital improvements at Marshall Williamson
Park; and
WHEREAS, as the next firm listed in the City's rotation, Stantec has submitted a proposal
to provide professional engineering services and construction plans for the referenced project in
the amount not to exceed $32,025.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they
are incorporated into this resolution by reference as if set forth in full herein.
Section 2. The City Manager is authorized to pay Stantec to complete professional
engineer services for various safety and ADA improvements at Marshall Williamson Park. The
total expenditure in the amount of $32,025 shall be charged to account number 120-3313-572-
6550, which has a balance of $121,383 before this request was made.
Section 3. Corrections. Conforming language or technical scrivener -type corrections may
be made by the City Attorney for any conforming amendments to be incorporated into the final
resolution for signature.
Section 4. 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 S. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 18t' day of August • 2020.
Resolution No. 108-20-15548
ATTEST:
CITY CL K
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Agenda Rem No:8.
City Commission Agenda Item Report
Meeting Date: August 18, 2020
Submitted by: Quentin Pough
Submitting Department: Parks & Recreation
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to pay Stantec to complete professional engineer services for
various improvements at Marshall Williamson Park. 3/5 (City Manager -Parks & Recreation)
Suggested Action:
Attachments:
Memo -Design Plans.docx
Resolution -Design Plans.docx
Stantec Proposal.pdf
Amendment One.pdf
FY-2018 CDBG Contract.pdf
Stantect Professional Service Agreement.pdf
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
SouthMiami INTER -OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
Via: Quentin Pough, Director of Parks & Recreation
DATE: August 18, 2020
SUBJECT: A Resolution authorizing the City Manager to pay Stantec to complete
professional engineer services for various improvements at Marshall
Williamson Park.
BACKGROUND: The City received a Community Development Block Grant (CDBG) award in
the amount of $150,000 from Public Housing and Community Development
(PHCD) of Miami Dade County. As part of the agreement, the City is
responsible for contributing $50,000 towards the project, totaling $200,000
in project spending.
The grant agreement provides funding towards professional engineering
construction plans and various improvements including tree trimming,
removal of diseased or dead trees, replacement of damaged sidewalks, new
ADA path from right-of-way public sidewalk to existing viewing area at tennis
courts, benches and pre -fabricated shade structures at tennis courts, a new
emergency call box and four new security cameras (two located at the
existing building and two located on a new standalone pole).
As the next firm listed in the City's rotation, Stantec has submitted a
proposal to provide professional engineering layout drawings and product
specifications for various safety and ADA improvements at Marshall
Williamson Park. The work scope includes a tree assessment report for all
trees within and along the right-of-way of the park, civil and electrical plans
for the improvements mentioned above, as well as assistance with pre -bid
conference(s) and construction administration services.
EXPENSE: Amount not to exceed $32,025.
ACCOUNT: The total expenditure shall be charged to account number 120-3313-572-
6550, which has a balance of $121,383 before this request was made.
ATTACHMENTS: Resolution
Proposal- Stantec
Amendment One to FY 2018 CDBG
FY-2018 CDBG Contract
Stantec Professional Service Agreement
FA
Ponce de Leon Boulevard, Suffe 900
�l Coral Gables,Florida33134
Sta ntec
Tel: (305) 445-290900
August 3, 2020
City of South Miami
Parks & Recreation Department
5800 SW 66th Street
Miami, FL 33143
Main: (3o5) 668-3867
Attention: Mr. Quentin Pough, CPRP, CPSI
Director of Parks and Recreation
Reference: Marshall Williamson Park — 6125 SW 68 Ave
City of South Miami, Florida
Dear Mr. Pough:
We are pleased to present this proposal for professional engineering services. We are excited to assist the
City of South Miami with various improvements at the above referenced park.
Desier► Phase
Planned Improvements include tree trimming, removals of diseased or dead trees, replacement of damaged
sidewalks, ADA path from right of way back of sidewalk to existing viewing area at tennis courts, two new
benches and two new pre -fabricated shade structures, one new emergency call box and four new security
cameras (two located at the existing building and two located on a new standalone pole within the park to
obtain visibility of the play areas.
Our scope of work includes obtaining a tree assessment report with trimming/removal/protection
recommendations for all trees within the park and along the adjacent half of the right of way. Trees on the
other side of the street are not included. Stantec's sub -consultant will prepare a topographic survey to
include tree locations, type, size and spread. Civil and electrical plans will be developed for the scope
mentioned above. The electrical design assumes that adequate capacity is available at the existing meter
attached to the exterior of the existing building. We will include specifications on the plans and an estimate
of probable costs will be provided.
Procurement Assistance:
During the permitting assistance phase, we will compile the required final signed and sealed sets for
Building Department approval. Submittal will be by others. Comments will be addressed, and plans will be
issued, as necessary. Permit fees and final permit to be obtained by City or their selected contractor.
Bid Assistance Phase:
During this phase Stantec will be available for general assistance during the procurement process. The
procurement process will be led by the City. (Limited to 5 hours).
Design with community in mind
5
5
August 3, 2020
Page 2 of 3
Post Desian Phase
During this phase, we will prepare for and attend one preconstruction meeting, review contractor's
submittals, coordinate the work and work schedule, perform general construction observations during
construction activities (limited to 36 hours), review contractor's payment requisitions, conduct punch list
inspection, and complete project closeout.
Terms and Conditions:
All terms and conditions shall be per our Professional Service Agreement for Professional General
Engineering and Architectural Services as authorized by Resolution o6o-17-1486i. Our fees shall be as
follows.
Design Phase (Lump Sum) ......................................................... $22,530
Permit Assistance Phase (Lump Sum) .......................................... $2,020
Procurement Assistance (Lum Sum) ............................................. $ 85o
Post Design Phase (Lump Sum) ................................................... $6,625
TOTAL: $32,025
We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you,
we will accept a signed copy of this form as your written authorization to proceed.
Thank you,
StanteceeCoonsulting Services Inc.
S Compel , . �zYl l DAP, ENV SP
Principal
Tel: 305-445-2900
sean.compel@stantec.com
City of South Miami
Approved by:
Signature Print Name
Design v.-ith community in mind
Date
11
Stantec Consulting Services Inc.
Fee Worksheet - Page I
I OWN A
3-Aug-20
PROJECT: Marshall Wiliamson Park
Design Phase (Lump Sum)
Principal
Senior Project
Manager
Senior
Biol/LA/Engi
neer
Engineer
Intern
Senior CAD
Tech
Clerical
Project & Desi nCoordination
2
2
Site visit and photo log
3
3
Cover Sheet, details & notes
2
6
6
Sidewalk repair plans
2
2
6
ADA connections to existing tennis courts
2
2
8
Two benches and two pre-fab shad
structures
2
4
4
Electrical design for new emergency call
box and Security Cameras
12
16
26
Quantities and Estimate of Probable cost
2
2
Specifications on plans
2
2
Sub -Total Hours
0
29
0
35
54
0
Billing Rate
S 180.00
$ 170.00
S 145.00
$ 95.00
$ 100.00
$ 45.00
Labor Cost
$0
$4,9301
$0
$3,325
$5,400
SO
Design Phase Sub -Total:
$13,655
Certified Arborist: $2,000
Survey: $6,875
Design Phase Total: 522,530
Permit Assistance Phase (Lump Sum)
Principal
Senior Project
Manager
Senior
LA/Engineer
Engineer
Intern
Senior CAD
Tech
Construction
Ins ector
Compile and provide signed and sealed
plans for submittal to building department
by others
2
4
Respond to comments and issue fmal sets
4
6
Sub -Total Hours
0
6
0
0
10
0
Billing Rate
$ 180.00
$ 170.00
$ 145.00
$ 95.00
$ 100.00
$ 75.00
Labor Cost
$0
$1,020
$0
$0
$1,0001
SO
Post -Design Sub -Total:
1 $2,020
Stantec Consulting Services Inc.
Fee Worksheet - Page 2
Procurement Assistance (Lump
Sum)
Principal
Senior Project
Manager
Senior
LA/Engineer
Engineer
Intern
Senior CAD
Tech
Construction
Inspector
Virtual Preconstruction Meeting
l
RFI
4
Sub -Total Hours
1 0
1 5
1 0
1 0
1 0
0
Billing Rate
$ 180.00
$ 170.00
$ 145.00
$ 95.00
$ 100.00
$ 75.00
Labor Cost
$0
$850
$0
$0
$0
$0
Post -Design Sub -Total:
$850
Post Design Phase (Lump Sum)
Principal
Senior Project
Manager
Senior
LA/Engineer
Engineer
Intern
Senior CAD
Tech
Construction
Inspector
Pre -Cons) r iction Meeting
2
2
Project Coordination
4
2
RFI (Limited to 5)
5
Submittal Reviews
3
Field observation during construction
activities (assume 12 total visits, 3 hrs each)
36
Quantity/PayQuantity/Pay requisition review
2
Punch List Inspection
2
2
Closeout including as -built review and final
payment req.
2
1
Sub -Total Hours
0
20
0
0
0
43
Billing Rate
$ 180.00
$ 170.00
$ 145.00
$ 95.00
$ 100.00
$ 75.00
Labor Cost
$0
$3,400
$0
$0
$0
$3,225
Post -Design Sub -Total:
$6,625
Total Fee: $32,025
W
LL 0 N G I T U D E SURVEYORS
Tuesday, July 21, 2020
Carlos Herdocia, PE, LEED AP
Senior Project Manager
Stantec
901 Ponce de Leon Blvd.
Coral Gables, FL 33134-3070
RE: Surveying and Mapping services for Marshall Williamson Park, South Miami, FL
VIA EMAIL, carlos.herdocia@stantec.com
MARSHALL WILLIAMSON PARK
Dear Mr. Herdocia,
Pursuant to your request regarding a fee estimate for Surveying and Mapping services for the above -referenced
project, Longitude Surveyors, LLC (LS) is pleased to submit the following Proposal for your consideration.
Scope of Work - Boundary. Drainage and Tree Survey with Elevations:
➢ Longitude will establish/determine the boundary of the park.
➢ LS will collect all the following aboveground improvements; buildings, finish floor elevations (FFE's) tennis courts, playground,
trees, fences, sidewalks, driveways, curbs, pavements, catch basins, signs, poles, overhead lines, etc.
D Longitude will include site furniture and furnishings such as tables, benches, bike racks, trash receptacles, etc.
D Longitude will perform a Tree Survey and collect all trees that are 3-inches in diameter or greater at breast height or 12-high.
Longitude will provide the scientific and common name, Diameter at Breast Height (DBHJ, Canopy and Height. A spread sheet
will be created and a Table Shown on the survey.
➢ Elevations will be collected equivalent to a 25-foot grid.
➢ LS will collect all existing drainage information such as; rim elevation, pipe size, pipe material, pipe direction and inverts.
➢ LS will set control points/temporary benchmarks.
➢ Longitude will show any easements that are found on the plat or can be found performing a public search. However, without a
title commitment or title search there is no guarantee that all easements will be shown on the survey.
D The survey will be geo-referenced to the Florida State Plane Coordinate system.
D Elevations will be referenced to the National Geodetic Vertical Datum of 1929 (NGVD29).
Survey Limits:
The limits of the survey will cover the area as delineated by the client of Marshall Williamson Park, including portions of the
adjacent rights of way of SW 60 Court and SW 68 Street (See attached exhibit provided by the client).
Deliverables:
Longitude will provide signed and sealed hardcopies, PDF, and Cad file of the resulting survey.
Time of Completion:
Longitude has estimated twenty business days to complete this task.
Fee:
The total professional fee to complete this task shall be a lump sum of 6 875.00.
LONGITUDE SURVEYORS 7769 NW 48 Street • Suite 375 • Doral, FL 33166 • Ph: 305.463.0912 • Fax: 305.513.5680 9
LLONGITUDESURVE"ORS
I understand and agree by signing below I APPROVE AND ACCEPT" this proposal as a legal binding contract.
By
(Authorized Signature)
(Typed or printed name)
Date:
Title:
Or behalf of the firm, I thank you for the opportunity to present this proposol. We look forward to utilizing our best professional efforts
on your behalf on this very important project.
Respectfully Yours,
Eduardo M. Suarez, PSM/President
LONGITUDE SURVEYORS 7769 NW 48 Street • Suite 375 • Doral, FL 33166 • Ph:305.463.0912 • Fax: 305.513.5680 10
Illii t ,1��i , •• ,f'^
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Tropical Designs of Florida
Sean Compel, P.E.
Stantec
901 Ponce de Leon Boulevard, Suite 900
Coral Gables, FL 33134-3070
July 30, 2020
Dear Mr. Compel,
I will provide a written tree resource evaluation for the property identified as Marshall
Williamson Park that was identified by the survey that was emailed to me on July 14,
2020 by Sean Compel of Stantec.
This written report of the trees and palms on this site and in the adjacent right-of-way
will include numbered photos of most trees and palms, condition rating, size of the
critical root zones, and measurements. I will include information and specifications on
the pruning of these trees on an individual basis as needed. My pruning specifications
and recommendations will follow current ISA Best Management Practices and the
ANSI A300 Pruning Standards.
The tree evaluation will be based upon a current and recent tree survey performed by
a surveyor licensed in the State of Florida. This will need to be delivered to me via pdf
before my work can commence.
I will rate the trees and palms in accordance with ANSI A300 (Part 5) — 2012, Annex A,
Management Report Information. Trees and palms will be rated Good, Moderate, or
Poor.
I will also follow the Levels and Scope of Tree Risk Assessment from the ANSI A300
Part 9- 2017: Levels of tree risk assessment; Level 1 limited visual tree risk assessment..
Level 2 basic tree risk assessment, and Level 3 advanced tree risk assessment. The
scope of this report/evaluation is limited to a Level 2 Assessment for all trees and
palms onsite.
My fee is $2000.00 with payment due at the time of digital delivery to the architect.
This fee will include any subsequent follow-up for three months from the date of the
Tropical Designs of Florida
Proposal and Contract
12
tree evaluation with the architect or the City of South Miami regarding the tree
resource evaluation.
I will schedule the site visit if I can easily enter the property and not have to interact
with tenants or the property owners. If a gate is left open for me to access the
property, or given a combination to a lock, I can close and/or lock it up when I am
finished.
My fee for further work which is outside the scope of the original tree resource
evaluation and may include monitoring demolition, root excavation or root
inspection, tree pruning or relocation specifications, air -spading, hearings, or meetings
regarding tree and zoning issues will be billed at $150 per hour.
Who shall I coordinate with for site access? I will need access to the entire site but not
inside buildings.
No person or entity is authorized to make any changes to this tree evaluation without
my written consent.
Sincerely, Accepted:
Date:
Jeff Shimonski
President, Tropical Designs of Florida
305-773-9406
jeff(@tropicalarboriculture.com
ISA Certified Arborist Municipal Specialist FL-1052AM
American Society of Consulting Arborists
ISA Tree Risk Assessment Qualification
Tropical Designs of Florida
Proposal and Contract
13
Resolution Number. $.8J4.1_6
Awwdsd Amount bQ.Qod
Duns Number., 248_8970
COBS 2018
Non -Profit
AMENDMENT ONE TO THE
FY 2018 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
This Amendment amends the FY 2018 Community Development Block Grant Contract between
Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as the
"County'" and City of South Miami, hereinafter referred to as the "Awardee", executed on June
109 2018, (the "Contract" or "Agreement') is amended as follows:
1. Page 1, paragraph 8, is amended to read as follow:
NOW, therefore, In consideration of the mutual covenants recorded herein, the parties
hereto agree as follows:
EFFECTIVE TERM
OF AGREEMENT: This Agreement shall begin on October 1.2018:
This Agreement shall expire on March 31, 2022. Any extension
granted will be contingent upon compliance with and in accordance with Resolutions No. R-165-
13 and/or R-232-14, as applicable and must be signed by the Mayor or Mayor's Designee to be
valid.
All other portions of paragraph 8 remain unchanged.
2. Attachment A-1 of the Contract Is replaced in its entirety and is hereby amended by
Attachment A-1, which Is attached hereto and incorporated by reference.
The effective date for this amendment is September 30, 2020.
All references In the Contract to the expiration date shall now read the expiration date of M r .hc
31�22
This Amendment Is intended to extend the Contract, until March 31. 2022. The Parties ratify
and adopt all the provisions, duties and obligations of the Contract as if fully set forth herein.
This Amendment and all its attachments are hereby made a part of the Contract.
Except for any changes enumerated above, all provisions of the contract shall remain in full
force and effect.
Page 1 of 2
4 14
Rewwan Number. .416
Awarded Amount: $$2,000
Oasts Number. 2M976
cose me
Non*fa t
IN WITNESS THEREOF the parties hereto have caused
this contract to be executed2by their
undersigned officials as duty authorml
ed, this y
AWARDEE: MIAM1 DADE COUNTY
City of South Miami
BY:
BY:
NAME: r OL MA I , NAME: Carlos A. Gimenez
TITLE: �..��fi► TITLE: Mayor _
DATE: 71/7 IZa DATE:
BY;2 ATTEST
7,e
8Y:
NAME: S=- wJ-i.onc2,
TITLE: TITLE: _ _ _—
DATE: I -1I1- a.O DATE:
Witnesses:
BY: 10
R
wre))
- N(R r 6
Type or Print Name
Federal ID
Number. 69-6000431
Resolution #: R 8144 8
IDIS #: 5729
Contractoes Fiscal Year Ending Date:
CORPORATE SEAL:
READ AND APPROVED AS TO FORM:
LANGUAG EGALITY
EXF.T i N�{HERE
C TTORNE
September 3021
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 2 of 2
15
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N
Resolution Number: R-814-18
Awarded Amount: $150,000
Duns Number. 24628976
CDBG 2018 FY 2018 COMMUNITY DEVELOPMENT BLOCK GRANT
Non -Profit 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
Developmenthereinafter referred to as "PHCD," and having its principal offices at 701 N.W. 1 Court, 14t' 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; 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 Marshall Williamson Park
CPTED Prolect. located at 6100 SW 6r Avenue, 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 11, W(2xaX1)-(2); and
WHEREAS, the Awardee shall cant' out the Activities defined and set forth in Attachment A, "Scope of
Services", in Miami -Dade County or the focus area(s) of the county.
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows:
EFFECTIVE TERM
OF AGREEMENT: This Agreement shall begin on October 1. 2018.
This Agreement shall expire on September 30, 2020.
AMOUNT OF AGREEMENT: Subject to the availability of funds, the amount of funds which may be disburse, in
accordance with this Agreement, may not exceed $150,000
DEFINITIONS
PHCD Public Housing and Community Development or its successor
Department.
24 CFR Part 570 — CDBG Federal regulations implementing Title I of the Housing and
Regulations Community Development Act of 1974, as amended - Community
Development Block Grant.
Awardee Recipient of CDBG funds from Miami -Dade County
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Community Development
A local agency that is organized to meet community development
Corporation
needs with particular emphasis on the economic development,
housing and revitalization needs of low- and moderate-lncome area
residents and which is receptive to the needs expressed by the
community.
Local
Having headquarters In Mlaml-Dade County or having a place of
business located in Miami -Dade County from which the Contract or
Subcontract will be performed.
Low- and Moderate4ncome
A person or family whose annual income does not exceed 80% of the
individual or Family
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.
Very Low income individual
A person or family whose annual income does not exceed 50% of the
or Family
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.
Contract Records or
Agreement Records
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.
Effective Term
of Agreement
The Effective Term of this Agreement is the duration of time listed
"EFFECTIVE
above as the TERM OF AGREEMENT".
Federal Award
Any federal funds received by the Awardee from any source during the
period of time in which the Awardee Is performing the obligations set
forth in this contract.
OMB A-133
OMB A-133 shall mean as amended, replaced or supplemented from
time to time. -
Property 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.
Policies and Procedures PHCD's Policies and Procedures Manual f/k/a Contract Compliance
Manual Manual provided to Awardee and may be viewed and downloaded at
http://www/miamidade.govihousing/community-development.asp
Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for
Subcorisultant the purpose of performing work or functions cited on the Action Step
Format (Attachment "Al) of this contract
Subcontract Any contractual agreement between a Subcontractor and the Awardee.
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II. THE AWARDEE AGREES:
A. The Awardee shall cant' 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.
Insurance Requirements
Upon PHCD's notification, the Awardee shall furnish to the Department's Community and Housing
Management Division (CHMD), 701 N.W. 1 Court, 14t' floor, Miami, Florida 33136, relevant
certificate(s) of Insurance evidencing insurance coverage as detailed in Attachment B-1(H). The
effective coverage start date of applicable insurances shall not be later than the date of the
Agreement execution and shall be approved by Miami -Dade County's Internal Services Department
prior to any reimbursement being processed. All certificates and insurance updates must identify the
names of the Awardee and the Activity being funded through this Agreement. The Awardee shall
provide Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the
Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date.
Any changes to the required insurance policies, including coverage renewals, must be submitted to
PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the
Awardee shall be in default of the terms and conditions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction
with this subsection remain in force for the duration of the Agreement period, including any and all
option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee
must have the coverage cited in Attachment B-1(H) 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, terminate the Agreement. Prior to
execution of the Agreement by the County and commencement of the contracted services, the
Awardee shall obtain all insurance required under this Section and submit same to the County for
approval. All insurance shall be maintained throughout the term of the Agreement.
D. Indemnification
The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee,
its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions
to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The
Awardee shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the County or its officers, employees, agents or instrumentalities may incur as a result
of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating 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
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and defend the County or its officers, employees, agents and instrumentalities as herein provided.
Nothing herein is intended to serve as a waiver of sovereign immunity by the County nor shall
anything herein be construed as consent by the County to be sued by third parties In any matter
arising out of this Agreement Nothing herein shall be construed to extend the County's 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 Beneflt to Low and Moderate Income Persons or Households
(LMQ. (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with
this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant
to this Agreement in the event that Awardee fails to meet the national objective. In the event the
CDBG funds subject to this Agreement are to be used for the acquisition or improvement of real
property, the Awardee shall also be required to give the County a mortgage or other sercurity
instrument to be determined at the absolute and sole discretion of the County Mayor or Mayor's
designee in order to secure the loan described in this Agreement. Tale work and a title insurance
policy, if so required in the absolute and sole discretion of the County Mayor or Mayor's designee in
order to adequately secure the loan set forth herein, shall be paid for by Awardee. Awardee
understands that the County may be liable to the United States Department of Housing and Urban
Development ("HUD") for repayment of the federal funds loaned to Awardee pursuant to this
Agreement in the event that HUD determines that Awardee has failed to meet the national objective.
AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT
TO THIS AGREEMENT 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(H) to be received by PHCD within
the first month of this Agreement period, and submitted with each payment request,
including any renewals, prior to payments made by the County. The effective date of the
coverage must coincide with the beginning date of this agreement.
2. ' Progress Reports
M
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:
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Section 1— General Information
Section II - Financial Information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income, depicting the twenty percent (20%) to
be paid to the County quarterly as well as Awardee's usage of Program Income
for each contracted activity.
Section III - Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments 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.
. ..,4,:
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 Quart,
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.
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The Neighborhood Employment Opportunities Report shall be submitted using the
Progress Report Form attached hereto as a Section in Attachment C, as it may
be revised. This section of the form shall be completed semiannually by the
Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
The Awardee shall submit to the County, in a timely manner, any other information
deemed necessary by the County to show Awardee has performed its obligations
set forth in this Agreement and to show U.S. HUD that Awardee has met the
national objective, and its presentation shall comply with the format specified at
the time of the request. Failure to submit the Progress Reports or other Information
in a manner satisfactory to the County by the due date shall render the Awardee
in noncompliance with this Agreement. The County may require the Awardee to
forfeit its claim to payment requests or the County may invoke the termination
provision in this Agreement by giving five (5) days written notice of such action to
be taken.
b. Quarterly Reporting when Subcontractors are Utilized
Awardees are advised that when Subcontractors or Subconsultants are utilized to
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 Sites) 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 11, 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.
Annual Report (Fourth Quarter Progress Report) and Final Report The Awardee shall
submit a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress made by the Awardee in achieving each of the National Objectives identified in
Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal
year beginning on January 1 and ending on December 31 and shall be received by PHCD
no later than 10 days after the year ends. The Final Progress Report submitted by Awardee
shall include a summary of services and accomplishments Awardee performed and
achieved throughout the term of this Agreement and shall be accompanied by 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 determining a site for
each of the 'Unspecified Site" activities to be carried out pursuant to this Agreement, shall
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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 acknowledg
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 Countv's
determination to proceed with, modify or cancel the proiect based on the results of a
subsequent environmental review.
5. Audit Report - The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any non-
compliance issues stated in the audit, and a written statement from the Auditor that the audit
complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A-133,
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 and policies and procedures governing the federally
funded activity, etc. Such information shall be submitted to PHCD within 30 days of the
execution of this Agreement.
7. Inventory Report - The Awardee shall report annually all nonexpendable personal and real
property purchased with CDBG funds from this and previous agreements with the County
as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan - The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties - At the time of contract execution, or at any other
_ time at the request of the County, Awardee shall disclose to the County all Related or
Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations,
partnerships, or other business entities (a) which have a direct or indirect ownership 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 sate discretion to be a Related or Affiliated Party of Awardee. The
Awardee shall report this information to the County upon forming the relationship or, if
already formed, shall report it immediately. Any supplemental information shall be reported
quarterly in the required Progress Report. This provision shall be construed broadly to the
benefit of the County. Non-compliance with these requirements will be considered a default,
which may result in the immediate termination of the agreement, the recovery of the entire
funding award, and the disqualification of funding through PHCD for a period of three years.
10. Reporting on financial Status. Bankruptcy, Real Property, or Personal Property — Awardee
shall notify the County in writing within ten (10) days of the occurrence of any of the following
as to Awardee or any Related or Affiliated Parties:
a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default,
late payment regarding any property of Awardee or Related or Affiliated Parties,
including properties not related to this Agreement. Awardee shall also provide the
County with a copy of all court filings, notices of default, arrearage or late payment,
or any other documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for which
the Property is security.
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d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and shall
entitle the County to seek any and all remedies available at law, equity 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 Contractors) or Subcontractor(s).
Related or Affiliated, General Contractor(s) or Subcontractors 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 of funding 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 11, Paragraph G.I. 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.
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H. Federal, State, and County Laws and Regulations
Rules, Regulations and Licensing Requirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
services contemplated . herein, especially those applicable to conflict of interest and
collusion. Awardees are presumed to be familiar with all Federal, State and local laws,
ordinances, codes, rules and regulations that may in any way affect the goods or services
offered, especially Executive Order No.11246 entitled "Equal Employment Opportunity" and
as amended by Executive Order No. 11375, as supplemented by the Department of Labor
Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of
Florida Statutes and any and all other local, State and Federal directives, ordinances, rules,
orders, and laws relating to people with disabilities. The Awardee will also comply with OMB
A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures specified
in PHCD's Policies and Procedures Manual found at
http://wwwlmiamidade.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 expression,
sexual orientation, actual or perceived status as a victim of domestic violence, 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 VI I I of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin;
Executive Order 11246, as amended which requires equal employment opportunity; and
with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires
mandatory standards and policies relating to energy efficiency. The Awardee also agrees
to comply with the Domestic Violence Leave codified as 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.C.A. 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.
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6. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
PHCD within the term of this Agreement or the Affordability Period.
7. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the
required Disability Non-discrimination Affidavit assuring compliance with all applicable
requirements of the laws listed below including but not limited to, those provisions 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 Cleric of the Board, an appropriately completed and signed Affirmative Action
Plan/Procurement Policy Affidavit. Finns 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 11 A-60 of the Miami -
Dade County Code. This Ordinance applies to employers that have, in the regular course
of business, fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not certified its compliance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the
Domestic Leave Ordinance may result in the contract being declared void, the contract
being terminated and/or the firm being debarred.
10. Code of Business Ethics - In accordance with Section 2-8.1(1) of the Code of Miami -Dade
County each person or 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 10) 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
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employee's immediate family has a controlling financial interest, direct or indirect, with
Miami -Dade County or any person or agency acting for Miami -Dade County and that any
such contract, agreement or business engagement entered in violation of this subsection,
as amended, shall render this Agreement voidable. For additional information, please
contact the Ethics Commission hotline at (305) 579-9093. _
11. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
leases of real property to a public entity; may not be awarded or perform work as a Awardee,
supplier, subcontractor, or consultant under a contract with any public entity; and, may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017 for Category TWO ($10,000) for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list. The Awardee warrants and represents
that it has not been placed on the convicted vendor 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
Apt
12. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94-34, "Any individual
who has been convicted of a felony during the past ten years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or executive who
has been convicted of a felony during the past ten years shall disclose this information prior
to entering into a contract with or receiving funding from the County. Failure of the Awardee
to disclose this information as required may lead to the termination of this agreement by
Miami -Dade County.
If Awardee, or any -owner, subsidiary, or other firm affiliated with or related to the Awardee,
is found by the responsible enforcement agency, the Courts or the County to be in violation
of the Acts, the County will conduct no further business with Awardee. Any contract entered
into based upon a false affidavit, as listed below, and submitted pursuant to this resolution
shall be voidable by the County:
1. Miami -Dade County Vendor Affidavit Form
2. Criminal Record Affidavit
3. Public Entity Crime Affidavit
4. Related -Party Disclosure Information
5. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
6. Affirmative Action Affidavits
7. Current on all County Contracts, Loans, and Other Obligations Affidavit
8. Financial and Conflicts of Interest Affidavit
9. Collusion Affidavit
If any attesting firm violates any of 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.
The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
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3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; "'
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement, the Awardee 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-income persons. Awardee shall ensure and maintain
documentation, acceptable to the County in its sole and absolute discretion, that
conclusively demonstrates that each activity assisted in whole or in part with CDBG
funds is an activity which provides benefit to low and moderate -income persons,
as defined in the CDBG Regulations.
2. The Awardee shall 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 6).
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 Antidi6placement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies conceming
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
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committees and citizen participation structures, upon the request of the citizen
participation officers, PHCD, or the County.
6. The Awardee shall make a good faith effort to address the 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 the relocation of families, individuals, businesses and/or industries,
the Awardee shall submit a written notification to the Community Planning and
Outreach Division of PHCD prior to relocating, evacuating, and/or dispersing any
and all legal -occupants who reside at this property on the basis of a long or short
term lease. When the legality of an occupant (individual, family, business, and/or
industry) is in question, the Awardee shall contact the above mentioned unit prior
to making a determination. Awardees receiving CDBG funds shall adhere to 24
CFR part 50 and/or part 58 and to the rules and regulations of the Uniform
Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The
Awardee shall adopt Affirmative Marketing Procedures and requirements for
CDBG assisted projects. These procedures must consist of actions to provide
information and attract eligible persons from all racial, ethnic and gender groups
to the available services. The Awardee shall annually assess its affirmative
marketing program to determine if the procedures used to comply with the
requirements specified in Public Law 88-352 and Public Law 90-284 successfully
meet these requirements. The Awardee shall submit to PHCD its Affirmative
Marketing Plan no later than 60 days from the date this Agreement is executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this section
will apply throughout the regulatory period identified in the national objective.
Throughout that period, the Awardee will be required to submit an annual report
regarding their compliance with the national objective, and PHCD will have the
right to monitor the activity.
9. In the event the CDBG funds subject to this Agreement are to be used for the
acquisition or improvement of real property, the Awardee shall also be required to
give the County a mortgage or other sercurity instrument to be determined at the
absolute and sole discretion of the County Mayor or Mayor's designee in order to
secure the loan described in this Agreement
10. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
11. For Special Economic Development projects, Awardee is reponsible for
understanding 24 CFR 570.209, which describes HUD's underwriting and project
anaaysis 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
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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
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).
Conflicts with Applicable Laws
..� W-
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 sole discretion, to be seventy-five percent (75%) completed, At the time that
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the construction work is determined by PHCD to be seventy-five percent complete, the
retainer will be reduced to 5% until the work is completed, Completion shall occur when a
Certificate of Occupancy is issued.
8., The Count' shall have the right to insert itself as construction manager and assign
Professional Staff and Technical Assistance from the Public Housing and Community
Development to assist the project if the County's staff determines that the Awardee has
been unable to consistently achieve the work and units described within the time frames of
the action step format of this agreement. Such involvement may result In a reduction of a
maximum of 5% of the Agreement's award to cover the cost of the technical assistance.
The Awardee shall cooperate and comply with all requests made by such staff.
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 determining
the Maximum Development Cost per Unit on construction or rehabilitation projects, the
"Total Development Cosy' 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.
12. Art in Public Places: Development/construction projects on County land are subject to the
Art in Public Places ("AIPP") provisions in Section 2.44-15 of the Miami -Dade County Code,
Administrative Order 3-11, and the Dade County Guide to AIPP. This includes all
improvements that are built on County land under long-term leases or other long-term
agreements, even if privately financed and privately owned during the term of the lease.
The Awardee shall transmit 1.5% of all construction costs (as defined by the AIPP Program)
to the Miami -Dade County Department of Cultural Affairs for the implementation of the AIPP
program and the contract(s) with the artist(s) for the improvements to the Project shall be
between the artist(s) and the AIPP Trust, and the contractor, as applicable, in accordance
with the AIPP Program. The County will work collaboratively with the Awardee on the
implementation of the AIPP program pursuant to the requirements of said program. This
sum shall be included in the Awardee's Projected Hard Costs.
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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 and for profit entities that expend less than $750,000 annually in federal
awards shall be exempt from an audit conducted In accordance with OMB A-133, although
their records must be available for review (e.g., inspections, evaluations). Such agencies
that receive less than $750,000 in federal funds, but more than $25,000, in combined
Federal awards must submit to the County annual compilation reports that describe their
performance. To achieve uniformity regarding the reporting format, such documents must
comply with the accounting industry standards by communicating an independent
accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result
of performing inquiry and analytic procedures (Review Report); (2) results of procedures
performed (Agreed -Upon Procedures Report); (3) non -expression of opinion or any form of
assurance on a presentation in the form of financial statements information that is the
representation of management (Compilation Report); or (4) an opinion on an assertion
made by management in accordance with the Statements on Standards for Attestation
Engagements (Attestation Report). For nonprofit entities receiving less than $25,000 in
federal funds, the agency must submit their annual IRS Form 990.
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 mouths following the end of
the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year or on the basis of the period during which PHCD-federal
assistance has been* received. In either case, each audit shall cover a time period of not
more than twelve (12) months and an audit shall be submitted covering each assisted period
until all the assistance received from this Agreement has been reported on. Each audit shall
adhere to all other audit standards of OMB A-133, as these may be limited to cover only
those services undertaken pursuant to the terms of this Agreement. A copy of the audit
report in triplicate must be received by PHCD no later than six months following each audit
period
5. The Awardee shall maintain all Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly by the County pursuant
to the terms of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement and in
accordance with 24 CFR 570.506; 570.503.
7. The Awardee shall ensure that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8. The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to cant' out any eligible substantive programmatic services, as such services
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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 sole discretion, determine
when services are eligible substantive programmatic services and subject to the audit and
record -keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's expense.
The Awardee shall provide access to all of its records, which relate directly or indirectly to
this Agreement at its place of business during regular business hours. The Awardee shall
retain all records pertaining to this Agreement and upon request make them available to the
County for four years following expiration of the Agreement. The Awardee agrees to provide
such assistance as may be necessary to facilitate the review or audit by the County to
ensure compliance with applicable accounting and financial standards.
10. The Awardee shall ensure that its auditors share their audit results with and must submit
the audit report to PHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission
Auditorto all financial and performance related records, property, and equipment purchased
in whole or in part with government funds. The Awarded agrees to maintain an accounting
system that provides accounting records that are supported with adequate documentation,
and adequate procedures for determining the allow ability and allocability of costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami -Dade County with a function or activity involving
the use or disclosure of "Individually identifiable Health Information (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 limitations set forth below. The final Close -Out of the Activity/Project
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is the date when PHCD provides written notification of such. Under no circumstances shall
Awardee dispose of any Contract Records prior to Awardee providing the County sufficient
documentation to show that the HOME Regulations were fully complied with in Awardee's
performance of 'its obligations under this Agreement and has received confirmation from
PHCD 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.
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 Rece_rds 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 othercopyrightable materials
developed for the purpose of this Agreement. These unlimited rights shall include the rights
to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, the information for public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies, and those agencies issue monitoring reports, regulatory examinations, or other
similar reports, the Awardee shall provide a copy of each report and any follow-up
communications and reports to PHCD immediately upon such issuance unless such
disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports.
3. Proprietary Information
As a political subdivision of the State of Florida, Miami -Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
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 thirdal0frty license agreements must
also be honored by the Awardees and their employees, except as authorized by the County
and, if the Computer Software has been leased or purchased by the County, all hired party
license agreements must also be honored by the Awardees' employees with the approval
of the lessor or Awardees thereof. This includes mainframe, minis, telecommunications,
personal computers and any and all information technology software.
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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
;fomoval.
4. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights, title
and interests in and to all materials, data, documentation and copies thereof famished
by the County to the Awardee hereunder or furnished by the Awardee to the County
and/or created by the Awardee for delivery to the County, even if unfinished or in
process, as a result of the Services the Awardee performs in connection with this
Agreement, including all copyright and other proprietary rights therein, which the
Awardee as well as its employees, agents, subcontractors and suppliers may use only
in connection of the performance of Services under this Agreement. The Awardee shall
not, without the prior written consent of the County, use such documentation on any
other project in which the Awardee or its employees, agents, subcontractors or
suppliers are or may become engaged. Submission or distribution by the Awardee to
meet official regulatory requirements or for other purposes in connection with the
performance of Services under this Agreement shall not be construed as publication in
derogation of the County's copyrights or other proprietary rights.
b) All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee and
its subcontractors specifically for the County, hereinafter referred to as "Developed
Works" shall become the property of the County.
c) Accordingly, neither the. Awardee nor its employees; agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized, reproduced or distributed by or on behalf of the Awardee,
or any employee, agent, subcontractor or supplier thereof, without the prior written
consent of the County, except as required for the Awardee's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants; and shall require that its
subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose and/or permit any other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the 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.
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5. Public Records Law
a. Awardee acknowledges that the County is subject to Chapter 119 of the Florida Statutes,
known as the "Public 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-
469-4232, Jacqueiine.Dana@miamidade.gov, 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:
Keep and maintain public records required by the County to perform the service.
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 authorized 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 services 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.
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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,- perfbiTn 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; (f)
concessions and other rental agreements; (g) insurance contracts; (h) revenue -generating contracts;
(1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0)
professional service agreements under $1,000; (k) management agreements; (1) small purchase
orders as defined in Miami -Dade County Administrative Order 3-2; (m) federal, state and local
govemment-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 conceming
whether the project is on time, within budget and in compliance with plans, specifications and
applicable law.
Upon ten (10) days priorwritten 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 terms of this provision herein, apply to the Awardee, its officers, agents,
employees, subcontractors and assignees. Nothing contained in this provision shall impair any
independent right of the County to conduct an audit or investigate the operations, activities and
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performance of the Awardee in connection with this Agreement The terms of this Article shall not
impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from PHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreemdnt assignments, wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to PHCD at least thirty (30) days prior to the start date of
the agreement. PHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract) which was incurred prior to the approval by
PHCD of such agreement or subcontract.
2. The -addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not specifically listed in the approved
budget.
5. The disposition of all real, expendable personal, and nonexpendable personal property as
defined in Section II, Paragraph W.1, of this Agreement
6. Out-of-town travel not specifically listed in the approved budget
7. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II, Paragraph K of this Agreement
S. The disposal of all Agreement records as provided for in Section II, Paragraph N of this
Agreement.
9. In the event the Awardee wishes to substitute personnel for the key personnel identified
by .the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit PHCD and other persons duly authorized by PHCD to inspect all
AgreemeaL,U=rds, facilities, equipment, materials, and services of the Awardee which are in any
way conngMd to the activities undertaken pursuant to the -terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report, or
provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD will determine,
in its sole and absolute discretion, whether or not the Awardee's justification is acceptable or if the
Awardee must, despite the justification, rectify the deficiencies cited by PHCD in its report.
S. Conflict of Interest
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
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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 disclos re in writing to PHCD
immediately upon the Awardee's discovery of such possible conflict. PH -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
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 or
appointed officer or official, director, employee, agent or other consultant of the County,
or of the State of Florida (including elected and appointed members of the legislative
and executive branches of govemment), or a member of the immediate family or
household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee shah have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County, in
its sole discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies all the individuals
and entities involved and sets forth in detail the nature of the relationship and why it is
in the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
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respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above
and acquires information which may indicate that there may be an actual or apparent
violation of any of the above, Awardee shall promptly bring such information to the
attention of the County's Project Manager. Awardee shall thereafter cooperate with the
County's review and investigation of such information, and comply with the instructions
Awardee receives from the Project Manager in regard to remedying the situation.
T. Intentionally Left Blank
U. Publicity, Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the United
States Department of Housing and Urban Development (US HUD), as funding sources and that the
Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the
County and US HUD for the support of all contracted activities. This is to include, but is not limited
to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, 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 CHMD Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment
for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas be
provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below-
1 . The work to be performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701(Section
3). The purpose of Section 3 is to ensure that employment and other economic
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opportunities generated by HUD assistance or HUD- assisted projects covered by Section
3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
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.
The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any, a
notice advising the labor organization or workers' representative of the Awardee's
commitments under this Section 3 clause, and will post copies of the notice in conspicuous
places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the Section 3 preference, shall set
forth minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the person(s)
taking applications for each of the positions; and the anticipated date the work shall begin.
4. The 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 ate'
(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).
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.
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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.
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.
Nonexpendable Personal Property. Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below.
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or PHCD in whole or in part with CDBG funds received from PHCD in
excess of $25,000 shall be either.
1) Used to meet one of the three (3) CDBG national objectives until five (5)
years after the expiration or termination of this Agreement, or for such
longer period of time as determined by PHCD in its sole and absolute
discretion; or
2) Not used to meet one of the three (3) CDBG National Objectives. In the
event the property is not used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement or
such longer period as determined by PHCD, the Awardee shall, in the
sole discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD in its sole
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
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.
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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
Failure to comply with this requirement may result in the retraction of the CDBG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCD. This report shall include the elements listed in
Paragraph W.2.c., above.
Nothing in this section shall be construed to limit the County's right to collect from Awardee
the entire amount of CDBG funds awarded pursuant to this Agreement in the event Awardee
fails to meet a national objective.
3. Inventory - Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to
the County. A capital item shall be defined as an item that: (1) has a service life in excess
of one year, (2) is either complete within itself or is a major component of another item of
property; (3) by definition cannot be described either as supplies or materials; (4) will not be
consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify
the County immediately upon 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
Ube or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with 'PHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number, date of acquisition; funding
source; unit cost at the time of acquisition; present market value; property inventory
number; information on its condition; and information on transfer, replacement, or
disposition of the property.
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b. All nonexpendable personal property purchased or improved In whole or in, part
with funds from this and previous Agreements with PHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to PHCD. The
inventory report shall include the elements listed in Paragraph W.3.a., above.
C. Titie (ownership) to all nonexpendable personal property purchased in whole or in
part with funds given to the Awardee pursuant to the terms of this Agreement shall
vest in the County and PHCD.
5. The Awardee shall obtain prior written approval from PHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property purchased
or improved in whole or in part with funds given to the Awardee or subcontractor pursuant
to the terms of this Agreement. The Awardee shall dispose of all such property in
accordance with instructions from PHCD. Those instructions may require the return of all
such property to PHCD.
X. Program Income
1. Program Income as defined in 24 CFR Part 570.500 (a) means gross income received by
the Awardee directly generated from activities supported by 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 report to PHCD all cumulative Program Income generated from
activities financed in whole or in part by funds from this Agreement, for as long as
it receives and/or has control over Program Income generated from this and any
previous Agreements with PHCD. The Awarded must submit the information for
the generated Program Income to PHCD with each reimbursement neguest and
quarterly as part of the Fiscal Section of the Awardee's Progress Report as
outlined in Section 11, Paragraph F.2.a.
The awardee will submit the Calculation of Progam Income farm Attachment " L "
with every reimbursement request.
b. The Awardee's use of Program Income shall 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.
C. 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.
d. 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.
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e. 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.
Any proceeds from the sale of property as detailed in Section 11, Paragraph WA.,
above, shall be considered Program Income.
g. The Awardee shall obtain, as part of the required audit report, validation by a
s„ certified auditor of all Program Income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shall transfer to the County any Program Income funds on hand, and any Program
Income accounts receivable to any CDBG funded activities. PHCD may require remittance
of all or part of any Program Income balances (including investments thereof).
4. PHCD, in its sole and absolute discretion, reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall
conform to the requirements of PHCD's Policies and Procedures Manual.
Z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion
of the work without the prior written consent of the County. Subcontracting without the prior
consent of the County may result in termination of the Agreement for breach. When
Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634-93,
Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
�. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at https:/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 miamidade aov/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 sole discretion determine
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when services are eligible substantive programmatic services and subject to the
audit and record -keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three bids.
Such competitive process shall be described in writing, approved by the Board of
Directors and a copy of which submitted to PHCD. In such circumstances that
open, competitive bids are not feasible or that a minimum of three bids are
unobtainable, permission to use other methods of award must be requested in
writing and approved by PHCD prior to the assignment or award of subcontract
The Awardee agrees that no assignment or sub -contract will be made or. let in
connection with the Agreement without the prior written approval of PHCD, which
approval shall not be unreasonably withheld, and that all such sub -contractors or
assignees shall be governed by the terms and intent of this Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the subcontractor.
The Awardee shall maintain, and shall require that its subcontractors and suppliers
maintain, complete and accurate records to substantiate compliance with the
requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three.(3), ,
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withhofdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this subcontract
3. The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services. Regardless of any approvals by PHCD of
subcontracts or subcontractors, the Awardee shall bear all risks associated with
subcontracting performance of the Activities tq,@. subcontractor.
4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging
any party who agrees to carry out any substantive programmatic activities as may be
determined by PHCD as described in this Agreement. PHCD's approval shall be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD prior to either assigning or
=« transferring any obligations or responsibility set forth in this Agreement or the right to receive
benefits or payments resulting from this Agreement.
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar
amount agreed upon in this Agreement.
7. If the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials,.the Awardee shall provide the names of the
subcontractors and suppliers to PHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from PHCD.
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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
The Awardee shall notify PHCD of any additional funding received forany activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the
Awardee's notification by the funding source.
BB. Method of Payment
The Awardee shall be paid as described below:
1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided
below only when the Awardee submits to PHCD adequate proof, as determined by PHCD
in its sole and absolute discretion, that the Awardee has incurred the expenditures. It shall
be presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to PHCD canceled checks or original invoices approved by the
Awardee's authorized representative which show performance of the Activities described in
Attachment A and conformance with the laws, rules and regulations set forth in this
Agreement. When original documents cannot be presented, the Awardee must adequately
justify their absence in writing and furnish copies of those documents to PHCD. The
Awardee shall be paid only for those expenditures contained within Attachment B,
"Budget," to this Agreement as it may be revised with the prior written approval by PHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to PHCD no less frequently than monthly. Expenditures incurred by the Awardee
must be submitted to PHCD, along with all original invoices, copies of front and back of
cancelled checkspaid to all subcontractorsand suppliers, all release of liens from alll
subcontractorsand suppliers, and all final approved permits_.�efor 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
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Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
payment(s) if PHCD, in its -sole discretion, so chooses.
7. All monies paid to the Awardee which have not been used to retire outstanding obligations
of this Agreement must be refunded to PHCD in accordance with. PHCD's Policies and
Procedures Manual.
8. Any unexpended funds remaining after the completion of the services under this Agreement,
or after termination of this Agreement, shall be recaptured in full by the County.
9. In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded under
this Agreement, Awardee agrees to and shall assign any proceeds to the County from any
Agreement between the County, its agencies or instrumentalities and the Awardee or any
firm, corporation, partnership or joint venture in which the Awardee has a controlling
financial interest in order to secure repayment of this award. "Controlling financial interest"
shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital
stock in any corporation or a direct or indirect interest of ten percent or more in a 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 return to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned furrds 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 f%4eligious 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.
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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 i 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 CDBq. funds or
other assests, including Program Income to support CDBG eligible actvttes. 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 sole and absolute discretion of the County and PHCD, remain
in effect during any period that the Awardee has control over Agreement funds, including
Program Income. However, the County shall have no obligation or responsibility to make
any payment, except those described within Section II, Paragraph Y, or provide any type of
assistance or support to the Awardee if this Agreement has expired or been terminated.
4. Management Evaluation and Performance Review
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.
B. Default or Breach
1. The Awardee shall be in default or breach of this Agreement if any of the following acts,
omissions or conditions occur.
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A) within the effective term of this Agreement, including but not
limited to failure to meet the National Objective, as determined by the County and
U.S. HUD.
b. Awardee fails to disclose all Related or Affiliated Parties and all matters required
to be disclosed as to Related or Affiliated Parties to the County as requiied herein.
C. Filing of a lis pendens. foreclosure action, or other legal action against the
Property, any property of Awardee or Refa*d or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sole
' discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
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f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sole
discretion would materially impair performance by Awardee of all the terns and
conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
i. Failure to comply strictly with Section W(2)(a)(1 Y(2) of this Agreement.
j. Failure to meet the fifty percent (50%) or seventy percent (70%) Benchmarks, as
set forth in this Agreement, or to submit documentation (via Progress Reports'and
applicable supporting documentation) sufficient to 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 tern or provision of this
Agreement;
C. Failure by the Awardee to submit any documents required by this Agreement; or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
e. Failure of Awardee to maintain regular business hours if providing services to low
to moderate incoome residents and or businesses.
f. 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). .
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D. Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten__.19)
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; and/or (c) terminate or cancel any other Agreements
entered into between the County and the Awardee. The Awardee shall be responsible for
its own direct and indirect costs associated with such termination, including attorneys fees.
2. Termination for Convenience
' PHCD may terminate this Agreement, in whole part when both parties agree that the
continuation of the activities would not produce beneficial results commensurate with the
further expenditure of funds. Both parties shall agree upon the termination conditions.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
In the event of a funding short -fall, or a reduction in federal appropriations, or should funds
to finance this Agreement become unavailable, PHCD may terminate this Agreement upon
no less than twenty-four (24) hours written notification to the Awardee. Said notice shalt be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
PHCD shall be the final authority to determine whether or not funds are available. PHCD
may at its discretion terminate, renegotiate and/or adjust the Agreement award whichever
is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the Awardee through
Board of County Commissioners' action, the Awardee may, at its discretion, request in
writing from the Director of PHCD a release from its contractual obligations to the County.
The Director of PHCD will review the effect of the request on the community and the County
prior to raking a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or in part, when PHCD determines, in its
sole and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is not materially complying with any term
or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of
this Agreement;
Termination for Bankruptcy
The County reserves the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
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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 fo 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.
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 entity shall be responsible for its own direct
and indirect costs associated with such termination or cancellation, including attomey'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) ydars. 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
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performance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a court
of appropriate jurisdiction. The Awardee shall be responsible for its own direct and indirect
costs associated with such enforcement, including attorney's fees.
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the
County for damages sustained by the County by virtue of any breach of the Agreement, and the
County may withhold any payments to the Awardee until such time as the exact amount of damages
due the County is determined. The County may also pursue any remedies available at law or equity
to compensate for any damages sustained by the breach.
Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall
be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination.
°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 performance or
breach of this Agreement, which limitations shall apply equally to both Parties:
1. Both Parties' cumulative liability for damages, if any, is limited to the amount of the CDBG
funds set forth in Section 111, above.
2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost
developer fees.
3. Each party shall bear its own attorney's fees and costs.
4. Neither party shall be liable for costs incurred by the other party prior to the execution of this
Agreement.
F. Renegotiation, Modification and Right to Waive
1. Modifications of provisions of this Agreement shall be valid only when in writing and signed
by duly authorized representatives of each party, which for the County is the County Mayor
or Mayor's designee. The parties agree to renegotiate this Agreement if PHCD determines,
in its sole and absolute discretion .Haases
federal, state, and/or County revisions of any
applicable laws or regulations, or m 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.
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2. The County shall have the right to exercise an option to extend this Agreement beyond the
current Agreement period and will notify the Awardee in writing of the extension. This
Agreement may be extended beyond the initial extension period upon mutual agreement
between the County and the Awardee, upon approval by the County Mayor or Mayor's
designee.
3. The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver
requests from the Awardee shall be in writing. No waiver shall be valid unless in writing and
signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to be
a modification of this Agreement.
4. The County's failure to exercise any of its rights under this Agreement, or the County's
waiver of a provision on any one occasion', shall not constitute a waiver of such rights or
provision on any other occasion. No failure or delay by the County in the exercise of any
right shall operate as a waiver.
G. Budget Revisions and Changes to the CDBG Eligibility Activity 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 sole
and absolute discretion will determine whether substantial reductions will necessitate
revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope
of Services, when required, will be negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are
classified as noted in the Scope of Services shall not require a Agreement amendment.
H. Compliance
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 CDBG 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.
.
Page 38
Disputes
In the event an unresolved dispute exists between the Awardee and PHCD, PHCD shall refer the
questions, including the views of all interested parties and the recommendation of PHCD, to the
County Mayor for determination. The County Mayor, or an authorized representative, will issue a
determination within thirty (30) calendar days of receipt and so advise PHCD and the Awardee, or in
the event additional time is necessary, PHCD will notify the Awardee within the thirty (30) day period
that additional time is necessary. The Awardee agrees that it shall not bring any legal action or
against the County until thirty (30) days from the County Mayor issuing his/her determination.
J. Headings
The section and paragraph headings in this Agreement are inserted for convenience only and shall
not affect in any way the meaning or interpretation of this Agreement.
K. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its Agreements to the
County Mayor for bidding and award in accordance with County policies and procedures.
L. Proceedings
This Agreement shall be construed in accordance with the laws of the State of Florida. Any dispute
arising under, in connection with or related to this Agreement or related to any matter which is the
subject of this Agreement shall be subject to the exclusive jurisdiction of the state and/or federal
courts located in Miami -Dade County, Florida.
M. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
TO AWARDEE: City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Attn: Steven Alexander, City Manager
COPY TO:
Attn:
TO COUNTY: Miami -Dade County
111 N. W. 1 st Street
Miami, Florida 33128
Attn: Maurice L. Kemp, Deputy Mayor
COPY TO: Public Housing and Community Development
701 NW 1st Court, 144' Floor
Miami, FL 33136
Attn: Michael Liu, Director
COPY TO: Public Housing and Community Development
701 NW 1st Court, 14t" Floor
Miami, FL 33136
Attn: Letitia Goodson, PHCD Project Manager
COPY TO: Assistant County Attorney
County Attorney's Office
111 N. W. 1 st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Page 39
00
VO
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or new
address will be rendered in writing to the other party and said notification attached to originals of this
Agreement.
In the event that any of the information required by the provisions of this Article is changed by either
of the Parties after the execution of this Agreement, the affected Party shall give notice in writing
within five (5) days to the other Party of the amended pertinent information, which shall be attached
and incorporated into this Agreement.
N. WAIVER OF JURY TRIAL
NEITHER THE AWARDEE, SUBCONTRACTOR, NOR ANY OTHER PERSON LIABLE FOR THE
RESPONSIBILITIES, OBLIGATIONS, SERVICES AND REPRESENTATIONS HEREIN, NOR ANY
ASSIGNEE, SUCCESSOR, HEIR OR PERSONAL REPRESENTATIVE OF THE AWARDEE,
SUBCONTRACTOR OR ANY SUCH OTHER PERSON OR ENTITY SHALL SEEK A JURY TRIAL
IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEDURE
BASED UPON OR ARISING OUT OF THIS AGREEMENT, OR THE DEALINGS OR THE
RELATIONSHIP BETWEEN OR AMONG SUCH PERSONS OR ENTITIES, OR ANY OF THEM.
NEITHER AWARDEE, SUBCONTRACTOR, NOR ANY SUCH PERSON OR ENTITY WILL SEEK
TO CONSOLIDATE ANY SUCH ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED. THE
PROVISIONS OF THIS PARAGRAPH HAVE BEEN FULLY DISCUSSED BY THE PARTIES
HERETO, AND THE PROVISIONS HEREOF SHALL BE SUBJECT TO NO EXCEPTIONS. NO
PARTY HAS IN ANY WAY AGREED WITH OR REPRESENTED TO ANY OTHER PARTY THAT
THE PROVISIONS OF THIS PARAGRAPH WILL NOT BE FULLY ENFORCED IN ALL INSTANCES.
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement,
including any rights, title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
P. Third Parties
This agreement is intended for the sole and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that many of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient
evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated
to meet a National Objective or has control over CDBG funds as well as the County's right to inspect
and monitor the Project and Awardee for complaince with the HOME Regulations, will survive the
term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee
and the County under this agreement, which by nature would continue beyond the termination,
cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the Awardee
is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the
County.
The Awardee is, and shall Wi ..;.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
Page 40
0)
LO
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
Al — Action Steps; Attachment B - Budget; Attachment B-1(H) Idemnification and Insurance
Requirements; Attachment B-2 — CDBG Program Requirements (Housing Only); Attachment C -
Progress Report,Set-Up Forms, Performance & Benefit Data Supplement to Quarterly Expenditure
& Progress Report; Attachment D - Information for Environmental Review, Attachment E —
Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage;
Attachment G — Fair Subcontracting Policies; Attachment H — Subcontractor/Supplier Listing) cofain
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 CDBG 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.
Conflict
In the event that a conflict arises between any prior funding documents and/or agreements governing
this development, the terms, provisions and definitions included in this Agreement shall prevail.
In the event that the Subsidy Layering Review (SLR) or Underwriting analysis determine the project's
true "gap" financing needs to be less than the maximum award allocated by the Board of County
Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in this
Agreement shall be subsequently reduced. "Gap" financing means the difference between the
amount of financing available for the Project from other sources and the total project cost. In the
event Awardee applies for and is awarded by the Board of County Commissioners ("BCC") additional
funding for the same Project, as described in this Agreement, a separate Agreement or amendment
to this Agreement must be negotiated and executed between Awardee and the County Mayor or
Mayor's designee. Any differences between the terms and conditions set forth in this Agreement and
the subsequent funding award shall require a negotiation between the Parties in order to resolve
those differences. Awardee understands and acknowledges that changes to the Project or Activities
described in this Agreement may not be accomplished by applying for and being awarded
subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the BCC
funding fovoh* 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, termination and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement,
Page 41
9
Ea
which by nature would continue beyond the termination, cancellation or expiration thereof, shall
survive termination, cancellation or expiration hereof.
W. Corporate Governance
A Not -for -Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0836 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.
X. Miami -Dade County Implementing Order. 10 4-132 will apply to this Agreement. This Implementing
Order requires the Countv to chame Awardee awlicable fees as outlined below.
PUBUC HOUSING AND COMMUNITY
DEVELOPMENT SERVICE RATE
SCHEDULE
Fee Name
Proposed Fee FY 2018 —19
Fee Due
Construction Inspection Fee
$1,500.00
At Loan Closing
Contract Extension/Modification Fee
(Multi -Family Development Loans
Only)
$2,500.00
At Time of Request for
Extension,
Page 42
T-
CO
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed'by their undersigned officials as duly
authorized, this day of 201 e.
AWARDEE: MIAMI-DADE COUNTY
City of South Miami
BY: BY:
NAME:
TITLE:
DATE.
BY:
NAME:
TITLE:
DATE:
Witnesses:
BY.
(Signature)
Type or Print Name.
BY:
(Signature)
Type or Print Name
Federal ID Number. 59-6000431
Resolution #: R-814-18
Awardee's Fisdal Year Ending Date: September 30th
CORPORATE SEAL
Page 43
NAME: Carlos A.-Gimer ez-
TITLE: Mayor
DATE:
ATTEST
BY:
TITLE: Clerk, Board of County Commissioners
DATE:
DF
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
FY 2018 Scope of Services
October 1, 2018 through September 30, 2020
City of South Miami- Marshall Williamson Park
ACTIVITY TITLE:
IDIS #.
RESOLUTION#:
DUNS*
2 = ACTIVITY DESCRIPTION:
2a — Activity Category:
2b. — Objective:
2c. — Outcome:
3. -APPROVED BY BCC:
Other Funding Source and Amount:
4. - FY 2018 TOTAL PROJECT COST:
5.- HUDINFORMATION:
5a. — HUD matrix code:
5b. — HUD Activity Type:
5c. — HUD National Citation
6. -ACCOMPLISHMENTS:
Be. — Number of Units:
6b. —Type:
7.- NATIONALOBJECTIVE:
Total # of Low/Mod in Service Area:
Census Tract and Block Group:
8. -ACTIVITY ADDRESS:
9. - LOCATION:
NRSA (Activity located in):
District (Activity located in):
10. -LABOR STANDARD applicable
Type of Work
❑ Building ❑ Residential
ACHMENT A
City of South Miami -Crime Prevention Through Environment Design
Amount: $146,474.58 & $3,525.42 Total $150,0D0 Source: CDBG FY:
2018 and 2016 _
n'AF
LMA
570.208(a)(1)
1
Public Facility
1615
76 U3/1
6121 SW 68 Street, South Miami, Florida 33143
South Miami
❑ Highway ❑ Heavy
11. Set aside units different from total units
12. INSURANCE REQUIREMENTS: Worker's Compensation Insurance, Commercial General Liability Insurance,
Auto mobility Liability Insurance and Professional Liability Insurance. See
Attachment for detailed requirements. For economic development projects, the
County expressly permits the Awardee to use Program Income to continue the
same Activities described in the Scope of Services to addrtional beneficiaries
Goodson
Fiallo, HCD Manager
t7
Tab 05 — Application Sub -Section
Public Facility Capital Improvement
Marshall Williamson Park CPTED - City of South Miami
Abbreviated Activity Description:
The project is to renovate the park using the Crime Prevention Through Environmental Design
(CPTED) to reduce the Crime in the area.
Details Activity Description:
The project is design and construction of Park Infrastructure Improvements, that may include:
benches, lighting equipment, stationary ping-pong equipment, signs, landscape, sidewalks,
emergency blue light call box system, and a gunshot detection system, following the Crime
Prevention Through Environmental Design criteria.
The purpose of the project is to provide a safe environment to residents, by reducing the crime in
the park.
The CIP Project Manager's salary and all other costs related to the project and programs are
covered by the City of South Miami.
Activity Location:
6125 SW 68th Street, South Miami, FL 33143
The Park is located in the NRSA, Commission District 7
Location Map
§Vy 64th 53 _
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13
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Proposed Accomplishments:
The CPTED renovation will help to control and reduce the crime at the park. Also, it will enhance
the physical, social, and cultural use of the park. Afterthe project's completion, area residents will
enjoy nature and pleasant activities in a safe environment.
Phase I:
Design. Preparation of architectural drawings showing existing and proposed Crime Prevention
Design infrastructure.
Phase II:
Construction. construction of Parts Infrastructure Improvements, that may include: benches,
lighting equipment, stationary ping-pong equipment, signs, landscape, sidewalks, emergency
blue light call box system, and a gunshot detection system, that will help to prevent and reduce
crime.
Quarterly Milestones:
Complete design and construction phases.
Priority Needs Statement~
The City of South Miami will hire consultants to provide design and construction services.
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.
Public Facility Capital Improvement
Marshall Williamson Park CPTED - City of South Miami
14
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♦ I rrr� \ , \ �\ Is% \ \\ ••w�M.
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• � .' _f ^ i I � , • \ �� Cif SST :S.a. A
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BASED ON A;FLOW OF B00 G.P.O. IS "'Zi �;•. \ y,��•w•+ �� � � ';�',��\ k �\\ \ \
1,650 GAL 74NK I :+4.�,,
J. Gt1CUiATE REOi11RED $REHCN DRAIN -FIELD AREA FOR 800 GPD FUR AB.SORPnOTr 1 I,"�' � ,h'\ ?� ` *w!\\ `�♦\ \ i
BEDS (OEP. OF KA M TABLE IV •► 800 G.P.O.10.80 GALLONS.PER sq.fl.;PER I -as
BEDS "' * ' "' � , �{ � • ' � .� � ' �\ ',`% \ `�w �
OAY a 1,000 Jq.f6 """..7'a.TA ,..� �' ?� ' \\ �♦ /
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�imm, COMM
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ran imm"M 9111x
GRAPMG SCALE
NOTEM r
(. � PTO M � M WE My SMACKS LomolTUDINAI. SLOPE 00 NO
EXCEED 5X AT ANY7WEr
2. ALL SODEWALK CROSS••SLOPES. SHALL' NOT EXCEED 29 AT ANY DUE
J. ALL GRADING "M •3'. Of; AROPOSED DOORS SFIALL NOi CREATE SLOPES THAT
NY
aMD 2X AT A•TWE-.
4. ALL OlSTl1RbEO AREASAMU BE RESTORED TO US Ol?lol* . CONanotl.
.%1iAln &
4- -
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4
89 Attachment Al
Public Facilities and Infrastructure Improvements - City of South Miamt- FY18 Marshall Williamson Park CPTED Project
ID
Task Name
Required Resource
Enter in eN'e %
of Task
Completed (es
of today)
Enter In the
Stert Date of
Task
Calculated End
Date of Task
Notes:
7
D RMATI 0 N I S PR E UMI N ARY BAS ED
o e
0 N MIAMI - DADE COU NIT V AVAI
LABI LITY DATES
0.00
(M It c ha rite as per
MDC Porj act Ma
nager for final Cant rac: t)
i.1.1
submit required Enwromneta Review Ell arm see
attachment D in the Contract)
Agency
0.00
8/1/18
9/7/18
1.1.2
environmental review process
Environmental Specialist
0.00
8/3/18
9/7/18
1.1.3
submittal of scope and budget
Agency
0.00
8/1/18
9/7118
1.1.4
scope and budget review by Public Housing and Community
Development (PHCD) Project Manager (PM)
Project Manager
0.00
8/1/18
9/7/18
1.1,5
prepare and assemble contract with Attachments Ato H (24
dr 92.504)
Project Manager
0.00
9/1/I8
3/31/19
1.1.6
submit contract for agency signature to execute
Project Manager
0.00
9/1/18
3/31/19
1,1,7
return signed contract to PHCD cur na processing
Agency
0.00
9/3/18
3/31119
T-1.8
submit CUBG contract to Miami -Dade Mayor's Oce
PM Supervisor and PM Manager
0.00
BAAS
3131/19
T1,9
receive and distribute executed PHCD Contract
Project Manager
0.00
911118
3/31119
es ono Review
1.2
0.00
1.2.2
submit sources and uses statement
Agency
0.00
8/1118
9 18
1.2.3
submit required insurance certificate
Agency
0.DO
101/18
9/30/20
1.2.4
submit insurance document to Miami -Dade GSA
Project Manager
0.00
10/1/18
9/30/20
1.2.6
firro forma
Agency
0.00
8/1/18
9/7/18
1.2.7
Environment clearance letter
Environmental Specialist
0.00
1 9/7/18
91
1.2.8
Design Process
Agency
0.00
411/19
1131/20
1.2.9
submit quarterly progress report (Due no later than 10 days
after the end of each quarter)
Agency
0.00
10/1/18
10/10/20
Mlfestone Review
7.3
Pro- Bid Phase
0,00
1.3.1
RFP package for General Contractor (GQ
Agency
0.00
2/1/20
4/30/20
1.3.2
Submit RFP package for GC to PHCD
Agency
0.00
2/1/20
4/30/20
1.3.3
review RFP bid package for GC by PHCD
Project Manager/Construction N
0.00
2/1120
4/30/20
1.3.4
review RFP bid package for GC by PHCD's Compliance Unit
Compliance Unit
0.00
2/1120
4/30/20
1.3.5
Provide Davis Bacon Wage Determination to Agency
Compliance Unit/Project Mange
0.00
2/1120
4130/20
1.3.6
Submit revised RFP feedback to Agency
Project Manager
0.00
2/1/20
4/30120
1.3.7
PHCD to give agency written approval for RFP bid package for
Project Manager
0.00
211120
4/30/20
1.3.8
Pre -bid meeting
Agency/PI1C0 Staff/Bidders
O.DO
2/1/20
4/30/20
1.3.9
Bld/RFP opening
Agency
0.00
2/29/20
4/3020
T3.10
C ec a arment list
Agency
0.00
2/29/20
4/30/20
1.3.11
Selection/Award
Agency
0.00
2/29/20
4/30/20
1.3.12
Place order for ami-Dade Construction Sign y PHCD
Project Manager
0.00
2/29/20
4/30/20
lailles one Bayley,
Page 1 of 3
as of 4/2/2019
69 Attachment Al
19
Task Name
Required Resource
Enter In the %
of Task
Completed (as
of today)
Enter to the
Start Date of
Task
Calculated End
Date of Task
Notes:
--
1.4 _•
co tta�1: or• ttCtrKevtew _ _ _
.—__ ____�
OAO
—_
J-
..._-�-- — -----
1.4.1
executed GC contrail
Agency
0.00
5/1/20
6/30/20
1.4.2
Submit GC contract, bid tabulations, recommendation by
agency staff, resolution approving selection, copy of ad to
PHCD
Agency
0.00
S/1/20
6/30/20
1.4.3
submit print out of proof that the debarment lists where
checked
Agency
0.00
5/1/20
6/30/20
1.4.4
Submit copies of State, County and City Licences and
Certicate of Competencies
Construction Manager
0'�
S/1/20
6/30/20
1.4.5 Icertificate
of Insurance
Construction Manager
0.00
S/1/20
6/30/20
1.4.6
Payment of Performance Bond
Construction Manager
0.00
S/1/20
6/30/20
1.4.7
Submit W-9 Request for Taxpayer ID11
Construction Manager
0.00
S/1/20
6/30/20
1.4.8
Notice to Bidders/Prospective Contractor
Agency
0.00
5/1/20
6/30/ZO
1.4.9
Statement of Bidder's Construction experience
Agency
0.00
S/1/20
6/30/20
1.4.10
Certification receipt
Agency
0.00
5/1/20
6/30/20
1.4.11
Insurance Requirements
gency
0.00
5/1/20
6/30/20
1.4.12
affirmation action standard (24 CFR 92.351)
Agency
0.00
S/1/20
6/30/20
1.4.13
Certification of Compliance with Part 60-2 Affirmative Action
Program
Agency
0.00
5/1/20
6/30/20
1.4.14
Certification Regarding Drug Free Workplace
Agency
0.00
S/1/20
6/30/20
1.4.15
Assurance of Companies
Agency
0.00
5/1/20
6/30/20
1.4.16
Section 3 Requirements (GC must meet Section 3
Requirements)
Agency
0.00
S/1/ZO
6/30/20
1.4.17
Section 3 Clause
Agency
0.00
S/1/20
6/30/20
1.4.18
check debarment list
Project Manager
0.00
S/1/20
6 30 20
1.4.19
review GC bid package and contract by PHCD Project Manage
Manager
0.00
5/1/20
6/30/20
1.4.20
review GC bid package and contract by PHCD's Compliance Ut
Compliance Unit
0.00
S/1/20
6/30/20
1.4.21
PHCD to give agency written approval for GC
Project Manager
0.00
6/1/20
6/30/20
1.4.22
submit quarterly progress report (Due no later than 10 days
1 after the end of eachquarter)
Agency
0.00
4/1/19
7/10/21
milestone Review
1.5
— -
0.00
n p•
ff/GC
6.00
1.52
Inotice to proceed
Agency
0.00
7 1 0
• •
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South Miami
ME a" OF PLEAS&%T tf"w.0
CONSTRUCTION BUDGET FOR CDBG FUNDS
FY 2018 CDBG - Marshall Williamson Park CPTED
October 1, 2018 thru September 30, 2020
BUDGET SUMMARY
ATTACHMENT B
MAJOR CATEGORIES:
CDBG
NON-PHCD
TOTAL FUNDING
1. Personnel
$ -
$ -
$ -
2. Contractual Services
$ -
3.Operating Expenses
$ -
$ -
4. Commodities
$ -
$ -
5. Capital Outlay
$ 150,000.00
$ 50,000.00
$ 200,000.00
FY 17 - CDBG
$ 150,000.00
$ 50,000.00
$ 200,000.00
FUNDING SOURCES:
CDBG Grant
City's Contribution
Total
$ 150,000.00
$ 50,000.00
200,000.00
N
ATTACHMENT B
CONSTRUCTION BUDGET FOR CDBG FUNDS
South Miami Marshall Williamson Park CPTED
T*QCMOf n"sV" `riI%C City of South Miami
CDBG FY 2018
October 1, 2018 thru September 30, 2020
SUB OBJECT DESCRIPTION PHCD CITYS TOTAL. AMT
CDBG AMOUNT CONTRIBUTION
01 Personnel
Project Manager
$
-
$ -
$ -
FICAIMICA
$
-
$ -
$ -
Total Personnel
$
-
$
$ -
90 Capital Outlay
Environmental
$
Site Preparation
$
-
$ -
$ -
Property Taxes
$
-
$ -
$ -
Building Permits
$
-
$ -
$ -
Construction, and Installation
$
150,000.00
$ 50.000.00
$ 200,000.00
Impact Fees
$ -
$ -
Total Capital Outlay
$
150,000.00
$ 50,000.00
$ 200,000.00
TOTALS
$
150,000.00
$ 50,000.00
$ 200,000.00
FUNDING SOURCES:
CDBG Grant
$
150,000.00
Citys contribution
$
50,000.00
Total
$200,000.00
rM
INDEMNIFICATION AND INSURANCE — B-1(H)
The Contractor shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the County or its officers, employees, agents or instrumentalities may incur as a result
of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of,
relating to or resulting from the performance of this Agreement by the Contractor or its employees,
agents, servants, partners principals or subcontractors. The Contractor 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 attomy's fees which may issue thereon. The Contractor expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the County or its officers, employees, agents and instrumentalities as herein provided.
The Contractor shall famish to Miami -Dade County, clo of Public Housing and Community
Development, 701 NW 1" Court, 14* Floor, Miami, FL 33136, Certificate(s) of Insurance which
indicate that insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the Contractor as required
by Florida Statute 440.
B. Commercial General Liability Insurance in an amount not less than $300,000 per
occurrence. Policy must be endorsed to include coverage for Completed Operations.
Miami -Dade County must be shown as an additional insured with respect to
this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles
used in connection with the work, in an amount not less than $300,000 combined
single limit per occurrence for bodily injury and property damage.
All insurance policies required above shall be issued by companies authorized to do business under
the laws of the State of Florida, with the following qualifications:
The company must be rated no less than "A-" as to management, and no less than
"Class VH" as to financial strength by Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of
the County Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All hsurance Companies Authorized or Approved to Do Business in
Florida" issued by the State of Florida Department of Financial Services.
CERTIFICATE HOLDER MUST READ: ML"H-DADE COUNTY
111 NW 1" STREET
SUITE 2340
MIAIVII, FL 33128
Public Housing and Community Development
Attachment B-2
Community Development Block Grant (CDBG) Program
Not Applicable
H IAH r
.� ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
Reporting Period:
❑ 1st Quarter [Jan -Mar] ❑ 2nd Quarter [Apr -Jun] ❑ 3"' Quarter [Jul -Sept] ❑ 411 Quarter [Oct -Dec] / Annual Report
Section I: General Information
Recipient Name (Organization):
Contact Person (Name & Title):
Activity Name (Project Title): _
Activity Address:
Activity Description:
IDIS #: Funding Source: Funded Amount
Telephone Number:
gram income: In,
applicable) $
Activity Category:
❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Public Service
❑ Housing ❑ Homebuyer Assistance ❑ Tenant -Based Rental Assistance (TBRA) ❑ Homeless Housing
Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities
Outcome: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability
Section It: Financial Information At the time the Awardees has been paid or otherwise received fifty percent (50%) and seventy
percent (70%) of the Agreement Funds, the Awardees reporting these expenditures must submit documentation to show that Awardees has
accomplished 50% and 70 respectively, of the Activities described herein.
a R C_ ❑ F F G H
Actual
Reimbursed
Projected
Approved
Total
Expenditures
Cumulative
Cumulative
Projected
Cumulative
Category
gud et
g
Expended
Cumulativeugh
end
Percentage
Expenditures
Expenditures
[This Quarter)
(Through end of
thr s q arte ]�
[B & D)
Roe d Quarter]
(By end of contract
this uarlerPenodl
Personnel
$
$
$
$
%
$
$
Contractual
$
$
$
$
%
$
$
Operating
$
$
$
$
%
$
$
Costs
Commodities
$
$
$
$
%
$
$
Capital
$
$
$
$
%
$
$
Outlay
TOTAL
$
$
$
$
%
$
$
Program Income The disposition of Program Income not specifically listed in the approved Program Income
budget requires prior written approval from PHCD.
1. Does this activity generate Program Income? ❑ Yes ❑ No
2. If yes, indicate the amount generated this quarter.
CD114151712
1 of
co
l"
1
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION
1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed
2. Environmental Status: ❑ A=Exempt ❑ C=Completed ❑ D=Underway
3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No
Section III:
50% and 70% benchmark
❑ Accomplishment Narrative [Activity Completed]
Check appropriate box and reference the Scope of Services, included in your contract, as the basis for reporting the
,.,nrk in nrnnrP¢c nr accornD ished in a brief narrative format. [ 0Attach Scope of Services ]
Section IV: Other Supporting Efforts
Provide a description, using quantifiable data, of all other supporting efforts that have begun, partially implemented, or i
completed during this period
Section V: Problems Encountered
Provide a brief description of any problems or delays encountered during this period or anticipated.
Section VI: Technical Assistance L
If your organization has a need or anticipate a need for technical assistance during this period, please describe the
nature of the assistance required.
Section VII: Performance Measurement
`Notes: A Supplemental Performance & Benefit Data Report must be submitted if any actual achievements are
reoorted durnq this reporting period and all HOME funded projects must submit applicable activity set-up form.
Accomplishment Type: ❑ People [01] ❑ Households [04] ❑ Businesses [08] ❑ Organizations [09]
❑ Housing Units [10] ❑ Public Facilities [11] ❑ Jobs [13]
National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA] or- ❑ Direct Benefit [e.g. LMC, LMH, LMJ]
People or Households • Achievements: ❑ Yes ❑ No
If yes what is the accomplishment type? ❑ People -or- ❑ Households
People
Households (LMH activities only)
Total People Low I Mod
Total Households Low f Mod Female Headed
Prcjected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y / N
Performance & Benefit Data:
CD114151712 Rev 11/14/17
2 of
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
❑ Housin —or— ❑ Public Service & Administration -or— U Capital Im rovement & Public Facilities
Housing Units • Achievements: ❑ Yes ❑ No
Owner Rental Buyer Total
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y / N ❑ Performance & Benefit Data: Housing
Jobs or Businesses • Achievements: []Yes ❑ No
If ves. what is the accomplishment type? ❑ Jobs -or- ❑ Businesses
Total Job Count Total Weekly Hours Percent
Jobs Created Full -Time (FT) FT Low / Mod Part-Time(PT) PT Low / Mod Low i Mod woos
Projected Goal
Actual This Quarter
Actual Cumulative
Assistance to Businesses Projected Goal Actual This Quartet" Actual Cumulative
New Businesses
Existing Businesses
Total
Supplemental Report Attached Y / N ❑ Performance & Benefit Data: Economic Development
PERFORMANCE CERTIFICATION: 0 This certifies that No Accomplishments occurred during this Quarter. Initials
NOTE: Submittal of Supplemental Form — Performance & Benefit Data is not required at this time based on the
certification that no accomplishments occurred during this quarter.
CERTIFICATION
This is to certify that the data and other information provided in this Report is correct, based on official accounting
system and records, and that expenditures and obligations shown have been made for the purpose of and in
accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by:
Print Name
Signature of Certifying Official:
Title: Date:
Title: Date:
FOR PHCD USE ONLY _ Activity IDIS Number.
Report ❑ is / ❑ is not complete • Report ❑ is / ❑ is not accurate
Initial review for completeness and accuracy completed by — Name:
Project Manager
Name:
Date:
Warning: rifle 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-
0 This material is available in an accessible format upon request CD114151712
3of3
Mao ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
Recipient Name:
Activity Name: _
IDIS # :
HUD Activity Matrix Code: _
HUD Matrix Code Description:
Activity Category:
Accomplishment Type:
1:1-7611WREM
❑ Acquisition / Disposition ❑ Structures • ❑ Parcels
❑ Clearance / Demolition
❑ Street Improvements
❑ Public Facility / Type:
❑ Building / Type:
❑ Other Capital Improvement /Type:
[indicate below]
❑ Structures + ❑ Parcels
Persons Served • Low/Mod Income
Persons Served • Low/Mod Income
Reporting Period
1siQuarterWan-Marl
LJ
2nd Quarter [Apr -Jun]
3rd Quarter Jul -Se t
4'^ Quarter [Oct -Dec] /
Annual Re ort
❑
# of Structures
# of Parcels
# of Facilities
# of Persons Served
Facilities • Persons Served • Low/Mod Income # of Low/Mod Income
Persons Served • Low/Mod Income
• •' •' •
Instrixtions & 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
Wth New Access to this service or benefit
W th 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 ovemight shelter
Number of beds created in overnight shelter or other emergency housing
Is this activity located in a NRSA? ❑Yes ❑No
If yes, the NRSA must be identified, as applicable, using the maps provided via Miami -Dade County's website — Services Near
You: http://gisweb.miamidade.00v/CommunifvServices/. A copy of the printout must be included with this report
Provide the following information:
NRSA # of Clients Served NRSA
# of Clients Served
OD
I,—
CD/15(51712V
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ii
HIAH
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
NRSA # of Clients Served NRSA
# of Clients Served
Location / Project Address:
Street/ City 1 Zip Code -0r- Folio Number is there is no street address
Location / Project Address:
Street /City /Zip Code —or- Folio Number is there is no street address
RACE & ETHNICITY CATEGORY
Instructions: (1) Indicate the total number of persons or households served in each Racial Category for this reporting
period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that
are of Hispanic Ethnicity for this reporting period and the cumulative total.
Re ort Period Totals
Cumulative I YTD Totals
Race EthnicityRace
Ethnic
nes Total Number # Hispanic
C10ther
Total Number # Hispanic
11
/ American 1121
[1
can / Alaskan Native 1141
Hn / Other Pacific Islander (15]
JNafive
caan / Alaskan Native & White [151
& [171/
American & White [181
caan or Alaskan Native & Black/
n an 19
/ acial 1201
Totals
OTHER OIREG I tltiVtFi 1 rrvrvrvvir.I wrry
Re ort Period Totals
Cumulative 1 YTD Totals
Total Number
Total Number
(30% or less)
-81%
MLow/Mod8i
81 % or greater
Totals
on household units
AREA BENEFIT INFORMATION
Census ( C) or Survey (S) Data Used:
Total If of Low/Mod in Service Area:
Percent of Low/Mod in Service Area:
Census Tract
Block Groups:
Census Tract
Block Groups:
Census Tract:
Block Groups:
If (S), enter # of Low/Mod & Total Population:
Total Low/Mod Universe Population in Service Area:
CD/1531712V
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N
MIAM
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
1. CDBG Funds
2. HOME Funds
3. ESG Funds
4. Section 108 Loan Guarantee
5. Other Federal Funds
6. State / Local Funds
7. Private Funds
8. Other.
Name of Funding Source
Total Funds
10 REQUIRED ATTACHMENTS [if applicable]: 1) Certificate of Completion; Z) Nnnroui Or NK- A map, o apppwuiu, �f
Documentation of performance / accomplishments, e.g., new or improved access to services, facility, or infrastructure
upgrade: and 4) Documentation as described in the Contract or Scope of Services, or as instructed by the County.
Report Prepared by:
Print Name
Signature of Certifying Official:
Title:
Title:
Date:
Date:
Wenmg: Title 18, US Code Section 1001, states that a person who knowingly and wr7lingly makes false or fraudulent statements to any Department or
Agency of the United States is gul7ty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request CD/1551712V
3 of
GO
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
................... 4 ................................... 0.0 ..................... 0 . 0 ...... 0...*..
Agency
'
Activity Name
'
Funding Source / Year
Amount ADIS #
'
Project Location
LMI Limited Clientele Criteria (Must check one below & Provide documentation as required)
❑ 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
❑ 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:
Yes
No
* Proof of location:
* Child(ren) School Records (showing home address)
❑
❑
* Driver License
❑
❑
'Utility Bill (FPL, Water & Sewer, etc)
❑
❑
REQUIRED DOCUMENTATION- NO EXCEPTIONS
Yes
No
* PHCD General CDBG Intake Eligibility Form (Must be Attached)
❑
❑
*Services Near You Print Out (Must be Attached)
(httpltgisweb.miamidade.Qov/CommunityServices/ ❑ ❑
1. Biscayne North
2. Cutter Ridge
3. Goulds
4. Leisure City/Naranja
5. Model City
6. Opa-Locka
7. Perrine
8. South Miami
9. West Little River
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 of 2
N
00
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
3. Required Documentaboo: — Data showing the size and annual income for the family of each person receiving
the benefit and that at least 51 % of those served are LMI. ;
REQUIRED DOCUMENTATION A MUST — NO EXCEPTIONS Yes No
* PHCD General CDBG Intake Eligibility Form (Current Income Must be Attached) ❑ ❑
Select One Form of Proof to Provide:
* Pay Stub(s)
❑
❑
* Aid to Families with Dependent Children (AFDC) or
Temporary Assistance to Needy Families (TANF)
❑
❑
* Food Stamp Official Print out Letter
❑
❑
* Unemployment Benefits Letter with Amount
❑
❑
* Proof of Child Support or Alimony
❑
❑
* Proof of SSA/SSI or Veteran's Benefits
❑
❑
* Prof of Retirement Income (Must be attached for Senior Programs)
❑
❑
* Other Income
❑
❑
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
9�,
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
REQUIRED DOCUMENTATION FOR INCOME VERIFICATION
If an agency has an activity that has been classified as Low -Mod Clientele (LMC), Low -Mod Jobs (LMJ), or Low -
Mod Housing (LMH), the agency will be required to obtain information from low -to -moderate income
householdstpersons in order to verily income eligibility. Please note that income eligibility is determined based on
household income and size. Below is a fist of acceptable documentation to confirm income eligibility. It is important
to note that all funded agencies will be responsible to maintain such documentation on file for five years after the
Public Housing and Community Development (PHCD) has informed the agency through an official close out/report
or letter that activity is closed.
• Client's Paycheck Stubs, Social Security Insurance (SSI) Checks, TANF (Temporary Assistance for
Needy Families) checks, or other public assistance checks — A photocopy should be made of the two
(2) most recent pay period check stubs, benefit checks received by the client, or the notification of
electronic transfer,
• SSI, SSD, Food Stamp, or Other Benefit Cards/IDs — If the cards indicate the income level of the client, a
photocopy of the card can document income;
• W2 Form or Tax Return Form — A photocopy of the clients W2 form from his/her most current employer
for wages earned or a photocopy of the client's most recent tax return form may document income;
• SSI and TANF Letters of Notification of Benefits — Social Security and the Department of Children and
Families issue letters of notification of benefits to clients informing them of their approval for benefits and
the amounts of the benefits to be received. A photocopy of these letters will be sufficient proof of income,
• Other benefit notification letters may be acceptable if they indicate the clients income level (e.g., Social
Security Administration, Medicaid, Medicare, Food Stamps, etc);
• Letter of acceptance from the school lunch program
HUD INCOME LIMITS FOR MIAMI-DADE COUNTY
FY 2018 U.S. HUD INCOME LIMITS For Miami -Dade County Effective April 1, 2018
Area Median Income
(AMI): $ 52,300
EXTREMELY LOW
(30% of Median)
VERY LOW
(50% of Median)
LOW
(80% of Median)
FAMILY SIZE
LESS THAN:
VERY LOW
GREATER THAN:
1 perms
$16,550
$27,550
$44,100
2 persons
$18,900
$31,500
$50,400
3 persons
$21,250
$35,450
$56,700
4 persons
$25,100
$39,350
$62,950
5 persons
$29,420
$42,500
$68,000
6 persons
$33,740
$45,650
$73,050
7 persons
$38,060
$48,800
$78,100
8 persons
1 $42,380
$51.950
$83,100
New tables are published yearly by USHUD and will be provided to the Agency when available.
CD156I32615
m
FY
R
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
MIAM
oo GENERAL CDBG INTAKE ELIGIBILITY FORM
LIMITED INCOME (LMI) LIMITED CLIENTELE (LMC) / LIMITED JOBS (LMJ) / LIMITED HOUSING (LMH)
NAME:
ADDRES
Gender: ❑ Male ❑ Female Ethnicity: ❑ Hispanic ❑ Not Hispanic
Race (Please check the race category which applies to you):
❑ White ❑ Black/Afdcan American ❑ American Indian/Alaskan Native
❑ Asian ❑ Black/African American & White ❑ American Indian/Alaskan Native & White
❑ Asian &White ❑ Native Hawallan/Otther Pacific Islander ❑ Other: Multi Racial
❑ American Indian or Alaskan Native & Black/African American
_..._..- .4 _ , a men Persons Occu in- H 0 Rnlatbnnshio Gender Ane Employed?
1.
Self
❑ Yes ❑ No
2
❑ Yes ❑ No
3
❑ Yes ❑ No
4
❑ Yes ❑ No
5
❑Yes ❑ No
8
❑ Yes ❑ No
7.
❑ Yes ❑ No
8
Yes No
INCOME 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 an money coming into the household from all persons over 18 years old.
Wages, salaries, tips, commissions; Self-employment income; Rerement, 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 incorne from estates or trusts; and any other sources of intone received regularly, including Veterans' (VA) payments,
unemplm ent compensation, alimony, and child support must be disclosed.
Household Member
Source of Income
Gross Monthly Amount Received
1.
$
2.
$
3.
$
4.
$
5.
is
Income Eligibility Acceptable Documentation: Copy of Pay Stubs (from previous employer), Aid to Families with Dependent
Children (AFDC) or Temporary Assistance to Needy Families (TANF) Officlat Printout/letter, Food Stamp Official PrintouUletter,
Letter oonfirming 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 to verify my personal records, including
(« dAQW,1
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 rAGNATURF- 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 CML AND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS.
Signature of Applicant Date
Q Page 1 of 2 CD/17151712lV3
1n
OD
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
MULM
GENERAL CDBG INTAKE ELIGIBILITY FORM
CDBG INCOME ELIGIBILITY
24 CFR 570.208
Activity classified under family size and income
24 CFR 570.208 a Z i (B
24 CFR 570.506 b 3 iii
Activity is classified based on income eligibility requirements
that restrict it exclusively to low and moderate income ersons
24 CFR 570.208(a)(2)(i)(C)
24 CFR 570.506(b)(3)(iii)
124 CFR
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 family, one person Irving alone,
two or more families living together, or any other group of 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 for 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 of income. The option to
choose a definition does not apply to activities that qualify under 570.208(a)(1) (Area benefit activities), except when the
recipient carries out a survey under 570.208(a)(1)(vi). Activities qualifying 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 813.105 (except that if
the CDBG assistance being provided is homeowner rehabilitation under 570.202, the value of the homeowner's primary
residence may be excluded from any calculation of Net Family Assets); or
Estimate the annual income of a family or household by projecting the prevailing rate of income of each person at the time
assistance is provided for the individual, family, or household (as applicable).
Estimated annual income shall include income from all family or household members, as applicable. Income or asset
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 moderate4ncome person means a member of a family having an income equal to or less than the Section 8 low-
income limit established by HUD. Unrelated individuals will be considered as one -person families for this purpose.
Lowancome 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
limit established by HUD. Unrelated individuals shall be considered as one -person families for this purpose.
INSTRUCTIONS FOR
M
AGENCY
This is a verification that
1'
from the source.
source of income. The request can
Income Limits for Fiscal Year 2018 (Effective 0410112018)
Dimca rharlr tha nnmmnriate familw Rile and income.
Family
Size
Extremely Low
(30%of Median)
Very Low
50%of Median)
Low
(80%of Median)
1
$16,550
$27,550
$44,100
$18,900
$31,500
$50,400
3
$21,250
$35,450
$56,700
4
$25,100
$39,350
$62,950
5
1g2
$29,420
$42,500
$68,000
6
$33,740
$45,650
$73,050
7
$38,060
$48,800
$78,100
$42,380
$51,950
$83,100
Warning. Title 18, US Code Section 1001, states that a person who knowingy and willingy makes false or fraudulent statements to any Department or
Agency of Me United States is guilty of felony. State law may also provide penalties for false orfraudulent statements.
.+= This material R available in an accessible format upon request. CD117151712N3
2 o12
e
VIVIENDA POBLICA Y DESARROLLO COMUNITARIO
HIAMimnot
C FORMULARIO GENERAL DE ADMISI6N PARA CDBG
INGRESOS (LMI*, Pom-zslglasenin2l6s) CLIENTES (LMC", Porsus5i910sm'na*s) EMPLEOS (LMJ"*, For sus siglas en imlGs)
VIVIENDAS (LMH"* porsussiglaseninglft) 13AJOS Y MODERADOS
NOMBRE:
DIRECCI6N:
TELEFONO•
CODIGO
POSTAL:
Genera: ❑Masculino ❑OrigenFemenino etnico: ❑Hispano [INo Hispano
Raze (Por favor, marque la categoria de raze que le corresponde):
❑ Blanco ❑ Negro/Afro Americano ❑ Indigene Estadounidense/Nafivo de
Alaska
❑ AsiAtico ❑ Negro/Afro Americano y Blanco ❑ Indigene Estadounidense/Nativo de Alaska
y Blanco
❑ Askatico y Blanco ❑ Nativo de HawaV Otras Islas del Padfico ❑ Otros: Multi Racial
❑ Ind igena Estadounidense / Nativo de Alaska / Afro Americano
Menci6nese a Usted mismo y a todas las personas que
a la Vfvienda Parentesco Genera Edad • Em leado?
ocupa
Sf
1_
Aut6nomo
❑
No
❑
Si
2
7
❑
No
Sf
3.
❑
No
Si
4.
❑
No
Sf
5.
❑
No
LJ
St
6.
❑
No
Sf
7.
❑
No
❑
SI
g
❑
No
DATOS DE LA VERIFICAC16N DE INGRESOS
La ayuda que Usted recibe se determine en parte por el nrimero de miembros en su n6cleo familiar y de sus ingresos. Todos los
ingrescs y los bienes deberan ser verficados antes de que la elegibilidad sea concedida. El ingreso induye todas las sumas de
dinero que reciben todos los miembros del ni5deo familiar mayores de 18 arlos. Los salarios, sueldos, propinas, comisiones; IDS
ingrescs como trabajador por cuenta propia; Pensiones de jubilaci6n, de supervivencia, por discapaddad; lajubilad6n del Seguro
Social o del Fenorarril, el Ingreso Suplementario de Seguridad, la Ayuda a las Families con Ninos Dependientes (AFDC, por sus
sigias en ingl6s), la Ayuda Temporaria a las Families Necesi(adas (fANF, por sus sigias en inglesj 43.s Sellos pare Alimentos, u
otro dpo de ayuda publica, o de programas publicos de ayuda social, o de ingresos provenientes de patrimonios o fideicomisos;
asi corn otas fuentes regulares de ingrescs, induyendo los pagos a los Veterans (VA, por sus sigias en ingl6s), la
compensaci6n pordesempleo, la pensi6n alimenticia y la manutenci6n de menores deberan ser dedarados.
Mtembro del NGcleo Familiar
Fuente de Ingresos
Monto del Ingreso Bruto
Mensual Recibfdo
1.
$
2.
$
3.
$
4.
$
5.
$
Documentaci6n Aceptable pare verificar la Elegibilidad a partir de los Ingresos: Copia de las colillas de pago (del empleador
anterior), la Ayuda a las Families con Nirtos Dependientes (AFDC, por sus siglas en ingMs) o la Ayuda Temporaria a las Families
Necesitadas (fANF por sus siglas en ingl6s) la Impresi6n o la Carta Oficial de las Estampillas de Alimentos la Carta confinnando
M^! Pagina 1 de 3
CO/17/51712N3
F
VIVIENDA PUBLICA Y DESARROLLO COMUNITARIO
MIAMSN+DE
fi FORMULARIO GENERAL DE ADMIS16N PARA CDBG
la cantidad de beneficios percibidos por desempleo, la prueba de la manutenci6n de menores o del pago de la pensi6n alimenticia,
la prueba del SSA/SSI o de los Beneficios de los Veteranos o la prueba de los ingresos por jubilaci6n. DEBERA ADJUNTARSE
UNA COPIA DE LOSDOCUMENTOs-SIN EXCEPC16N.
Quien suscnbe, el solidtante, por medic de la presente autorizo a a fin de que verifique mis
antecedentes personales, induyendo: (� A� )
los salarics, pensiones a inversions. Se entiende que esta autorizad6n se otorga con el Gnico prop6sito de certificar mi elegibilidad
para la ayuda financiera federal, y que toda la infonnaci6n adquirida en este sentido seguir6 siendo confidential.
CON MI FIRMA, RECONOZCO QUE TODA LA INFORMAC16N QUE HE PROPORCIONADO ES VERDADERA Y CORRECTA A
MI LEAL SABER Y ENTENDER. SOY CONCIENTE DE QUE SI HAGO ALGUNA DECLARACION FALSA INTENCIONALMENTE
EN ESTA CERTIFICACION O EN CUALQUIER OTRA DOCUMENTACIbN QUE PROPORCIONE PARA LA ELEGIBILIDAD DEL
PROGRAMA, PUEDO SER CASTIGADO CON MULTAS O CON LA CARCEL DE HASTA CINCO (5) ANOS, O AMBOS, BAJO LA
SECC16N 1001 DEL T1TULO 18, DEL CbDIGO DE LOS ESTADOS UNIDOS, Y QUE TAMBII=N PODRIA ESTAR SUJETO A LAS
MULTAS Y SANCIONES CMLES Y/O ADMINISTRATIVAS PERTINENTES.
Firma del Solicitante
Fecha
ELEGIBILIDAD DE LOS INGRESOS PARA EL SUBSIDIO EN
24 CFR 570.208
BLOQUE PARA EL DESARROLLO CQMUNITARIO (CDBG,
or sus si las en ingles
Actividad clasificada bajo los ingresos y la composici6n del
24 CFR 570208(a)(2)(i)(B)
24 CFR 570.506(b)(3)(iii)
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 ios ingresos que se limitan exclusivamente a las personas
de ingresos bajos y moderados
124 CFR 570.3
N6cleo Familiar. Se refiere a todas las personas que ocupan la vivienda. Los ocupantes podrian ser una sola familia, una
persona viviendo sola, dos o m6s families viviendo juntas o cualquier otro grupo de personas relacionadas o no que
compartan las condiciones en material de vivienda.
Ingresos: Con el fin de detenninar si los ingresos de una familia o de un nGcleo familiar son bajos o moderados dentro de la
Subsecc16n C de esta secci6n, los beneficiarios podrian seleccionar cualquiera de las tres definiciones enumeradas abajo
para cada actividad, 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 definici6n de los ingresos. La opci6n de elegir una definici6n no se
aplica a las actividades que calfican con el 570.208(a)(1) (Actividades de beneficio del area), salvo cuando el beneficiario
Ileve a cabo una investigaci6n de acuerdo con el 570.208(a)(1)(vi). Las actividades que cal'Ifican de acuerdo con el
570.208(a)(1) generalmente deberan utilizar los datos de ingresos del 6rea provistos por 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 Secci6n 8 en el
Tftulo 24 del Codigo Federal de Regulaciones 813.106 (salvo que la ayuda para la CDBG que se proporcione tenga
relaci6n con la rehabilitaci6n al propietario de acuerdo con el 570.202, el valor de la residencia principal del propietario se
podria excluir del c6lculo de los Activos Netos de la Familial); o bien
Calcular los ingresos anuales de una familia o de un nGcleo familiar efectuando una proyecci6n de la tasa predominante de
ingresos de cada persona al momento de proporcion6rsele la ayuda a la persona, a la familial o al nGcleo familiar (segiln
corresponda).
El Ingreso anual estimado deber6 incluir los ingresos de toda la familia o de los miembros del nGcleo familiar, segGn sea el
caso. La mejora en los ingresos o en los bienes derivada de la actividad de la ayuda del CDBG no se considerara para
calcular los ingresos anuales.
Hogar de ingresos bajos v moderados se refiere a un nGcleo familiar que tiene un ingreso igual o inferior al Ilmite de bajos
ingresos de la Secci6n 8 establecido por HUD. (LMH, por sus siglas en ingl6s)
Advertends: El Titulo 18, ArUculo 1001 del C6digo de los Estados Unidos establece que una persona ser8 hallada culpable de un delito penal grave
cuando intendonalmente hags dedaradones falses o frdudulentas ante cualquier departemento o agenda de Ios Estados Unidos. La ley estatal
podda prover sanciones para /as dederadones lalsas o haudulentas.
Este material esta disponible an un fonnato amesible a petition. CD117151712N3
2 de
0
VIVIENDA PUBLICA Y DESARROLLO COMUNITARIO
MI
FORMULARIO GENERAL DE ADMIS16N PARA CDBG
Persona de ingresos baits v moderados se refiere a un miembro de la familia cuyo ingreso es equivalente o inferior al
limte de ingresos bajos de la Secci6n 8 establecido por HUD. Los individuos no emparentados se consideraran familias
unipersonales para este prop6sdo. (LMI, por sus siglas en ingles)
Hogar de Ingresos bajos; se refiere a un hogar con un ingreso igual o inferior al Ilmite de ingresos muy bajo de la Secci6n 8
establecido por HUD. (LMH, por sus siglas en ingles)
Persona de eaios Ingresos se refiere a un miembro de una familia cuyo as un ingreso igual o inferior al Ilmite de ingresos
muy bajos de la Secci6n 8 establecido por HUD. Los individuos no emparentados deberan considerarse como familias
unipersonales para este prop6sito. (LMC, por sus siglas en ingies)
la
:CIONES PARA LA AGENCIA DE EJECUCION
)era pedir primeramente la verificaci6n de terceros. Se trata de una verlficaci6n proveniente directamente de la Puente de
La solicited puede ser enviada por correo, por fax o por correo electr6Aico. Debera quedar bien claro que fue recibida de
Limites de los Ingresos para el Ano Fiscal 2018 (Vigente desde el iro de Abril, 2013)
n__1_..,._........,,,, 1, , ;� .+n al famann dagn nnrnn familiar v a la cantidad de su ingreso
Tamano del
Grupor
Fam1
J
Extremadamente bajo,.
(30% de la media)
Muy bajo
(50% de la media)
J
Bajo
(80% de la media)
$16,550
$27,550
$44,100
2
$18,900
$31,500
$50,400
3
$21,250
$35,450
$56,700
4
$25,100
$39,350
$62,950
5
$29,420
$42,500
$68,000
6
$33,740
$45,650
$73,050
7
$38,060
$48,800
$78,100
8
$42,380
$51,950
$83,100
Mote:
LMI` (LOW -MODERATE INCOME): Ingresos bajos o moderados
LMC" (LOW -MODERATE CLIENTELE): Clientela de Ingresos bajos o moderados
LMJ"' (LOW -MODERATE JOBS): Empleos de Ingresos bajos o moderados
LMH""' (LOW -MODERATE HOUSING): Vivienda de Ingresos bajos o moderados
Advefencia: El 77ti ulo 18, Artfculo 1001 del C6digo de Jos Estadm Unidos esfablece que una persona sera hallada culpable de un delito penal grave
cuarab intenclonalmente hags declaracbms falser o fraudulentas ante cualqu(er departamento o agenda de los Fstados Unidos. La ley eststal
podrfa preversancfones pare las declaradones falsas o haudulentas.
rt Este material est6 disponible an un fonato accesible a petici6n. CD117151712M
3 de
Date:
ruoui. nvwuvsa ♦arvu s unr murvu r umvizuvrmuvr
List of Persons Assisted (Public Service)
Supplement to Quarterly Expenditure and Progress Report
,i..:...— RepottinglPeP%
1st Quarter [Jan - Mar]
2nd Quarter[Apr -Jun]
3rd Quarter [Jul - Sept]
4th Quarter [Oct - Dec]/Annual Report
1. Persons Assisted
Last Name First Name
2. Status
New Existing
3. Address
House Number Direction Street Name StreetType
4 & S. NRSA
http://gisweb.miamidade.gov/CommunitySemices/
Uves in a NRSA? Name of NRSA
Yes�No
124
❑Yes
❑No
Yes
❑No
0
El
Yes
❑No
81:1
❑
❑No
8
❑Yes
�No
T
1:1
El
❑Yes
�No.
8
Yes
❑No
S
Yes
❑
No
10Yes
❑Yes
No
11
❑
Yes
EjNo
12
El
0.
❑Yes
❑No
13
❑
Yes
❑No
14
❑Yea
allo
15
❑
❑Yes
❑No
INSTRUCTIONS
1. Fill in name of the person for which Public Services were provided.
2. Enter a check mark In the column that matches the parson's status [New or —Existing].
3. Enter the complete address of the person assisted, e.g., House Number, Direction, Street Name, & Street Type.
4. Enter Yes or No as applicable If the person lives in one of the NRSAs.
5. If yes, view NRSA map at http://glsweb.miamidade.gov/CommunitySeNicea/ to determine correct NRSA location and fill in the name of the NRSA: Goulds, Leisure City, Melrose, Model City,
Opa-Locka, Perrino, South Miami, West Little River, Biscayne North or Cutler Ridge.
Warning: Title 1e, US Cade Sectlon 1001. states that a parson who knowingly and willingly makes false or fraudulent statements to any Department or Agency of the United Statesle guilty at a felony. State taw may also provide penegles
forfeise or fraudulent statements.
O
., This material Is svailable In an accessible format upon request. Page = of Q CD/20112513N3
HtA o
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 is
to foster the implementation of environmentally compatible activities. As a grant or loan
recipient, Miami -Dade County will not fund projects that will negatively impact clients,
communities, or the environment
Part 1. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
® CDBG ❑ HOME ❑ HOPE VI
❑ HOMELESS (SRO/SHP) ❑ EDI ❑ NSP
Indicate Fiscal Year: FY 2018
2. Name of Suhrecipient/Agency: City of South
3_ Name of Proposed Activity: Marshall Williamson Park Crime Prevention Improvement
with City, ST and Zip) of Activity or
6121 SW 68th St
South Miami, FL 33143
7. Commission District(s): Board of County Commissioner, Xavier Suarez, District 7
8 tired Cnntarf infn"m flnn of lnanln ron+ rcr•f nfe..+
Name: Zachariah A. Cosner
Address: 6130 Sunset Drive
City: South Miami State: FL Zip: 33143
Phone: (305) 663-6330
Fax:
9. Detailed description of activity or project:
The project is design and construction of Park Infrastructure Improvements, that may
include: benches, lighting equipment, stationary ping-pong equipment, signs, landscape,
sidewalks, emergency blue light call box system. and a gunshot detections stem following
0)
the Crime Prevention Through Environmental Design criteria_
The purpose of the project is to provide a safe environment to residents, by reducing the
crime in the park.
The CIP Project Manager's salary and all other costs related to the project and progmms are
covered by the City of South Miami.
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
Capital Improvement
11. 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 11. PROJECT OUTCOME
Will the activity or Droiect result in the following?
YES
NO
X
1. Change in use
X
2. Sub -surface alteration (i.e. excavations)
X
3. New construction
X
4. Renovation or demolition
X
5. Site improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, drives, etc.
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 100-year floodplain
X
11. A new nonresidential use generating at least 1,375,000
gallons of water or 687,500 gallons of sewage per day.
X
12. Use requiring operating permit (i.e. for hazardous waste,
pretreatment of sewage, 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.
digging a lake or diverting or deepening of a body of water).
N
0)
Part 111. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed land use:
O Existing?
Existing - Recreational Use.
Proposed?
No changes to the Recreational Use.
Does the site have any known contaminants?
❑ YES ® 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. N/A
❑ YES ❑ NO
2. Site Plan:
Does the proposed activity include a new structure(s) or site improvements on a site of one
(1) acre or more?
® YES ❑ NO
If yes. a site Alan must be Provided Proiect(s) will not be environmentally reviewed without a
site Plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
® YES ❑ 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:
a Existing structure(s) on site? ® YES ❑ NO
Estimated age of structure(s)? Park Site since 1964
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
3
M.,
® YES ❑ NO
If yes, what is the estimated cost of rehabilitation or renovation? $200,000 (includes
improvement specifications, $50,000; and construction, $ 1501000
What is the amount sought for funding? $150,000
In addition, indicate if the estimated value of the improvement represents:
® 0 to 39.9 percent of the market value of the structure(s)
❑ 40 to 49.9 percent of the market value of the structure(s)
❑ 50 to 74.9 percent of the market value of the structure(s)
❑ 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?
❑ YES ® NO
If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be
submitted to determine the likely. presence of zither a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and
underground storage tanks (available through the Department of Permitting Environment and
Regulatory Affairs (DPERA), Florida Department of Environmental Protection (FDEP) and
U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed? ❑ YES ® NO
6. Environmental Health Information:
o if a residential site and the activity includes or involves rehabilitation, has it been inspected
for defective paint surfaces? N/A
❑ YES ❑ NO
If yes, please submit the results.
• Have any child under the age of six at the site been tested for elevated levels of lead in the
body?
❑ YES ® NO
If yes, please submit the results.
4
O�
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
site or relocating to site (including day care
fbd ' ?
X
5. Hazardous waste disposal facility?
X
6
P. 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 street/plat maps that depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Submit a scope of service, - an itemized
budget describing the major components of the rehabilitation program planned, and a photograph
of the property.
.4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
i1 certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I
clearly understand that any omitted and/or Incorrect information will delay the initiation of the
environmental review process by the PHCD staff. As such, 1 am aware that omitted information
could delay the commencement of my orgahOtion's project. I understand all approved
environmental reviews are valid for one (1�ar maximum.
Steven J. Alexander
Print Name
City of South Miami
Nance of Organization or Corporation
Signature
City Manager
Title
Date
Unless otherwise indicated, return completed form and attachments to:
Project Management Division
Public Housing and Community Development
701 NW 1st Court -141' Floor
Miami, Florida 33136
R
L0
0)
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
lype of Activity
EXEMPT"
CENST'*
CEST***
IW***
Economic Development
New Construction
X
Rehab
X1
X2
Non-Construction/Expansion
X
Housing
Single Family Rehab
X
Multi -Family Rehab
X+
X2
New Construction
X
Homeownership Assistance
X
Affordable Housing Pre-Dev.
X
Capital Improvement
Handicapped Access
X
Public Facilities
X'
X2
Infrastructure
X'
X2
Public Services
Employment
X
Crime Prevention
X
Child Care
X
Youth or Senior Services
X
Supportive Services
X
Type of Publication
No Public
No Public
No Public Notice/No
Publish
Notice/No
Notice/No
RROF (No Statutory
FONSI and
RROF
RROF
Requirement
NOI/RROF
Triggered)
Or
Publish NOI/RROF
(Statutory
Requirement
Triggered)
Estimated Time Frame (Excluding
30-45 Days
30-45 Days
45-90 Days
90 Days
Triggered Statutes)
Minimum
X1 If for continued use and change in density (or size) of less than 20%
X2 Change in density (or size) of more than 20%
* Exempt Exempt Activities
'* CENST Categorically Excluded and Not Subject to 58.5
CEST Categorically Excluded Subject to 58.5
EA Environmental Assessment (Format ll)
s
CD/38H0412
No
MIAM
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
ATTACHMENT E
59-6DO0431 024628976
Federal Employer Identification Number(FEIN) Dun 8 Bradstreet Number (D-U-NS'
City of South Miami
A) Name of Entity, Individual(s), Partners or Corporation
8) Doing Business As (t same as line A, leave blank)
Soulh-
613gSunsetDrive Miami FI USA 33143
Street Address (P.O. Sox Number is not permitted) City State (U.SA) Country 2p Code
1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT
(Sec. 2-8.1 of the Miami -Dade County Code)
Firs 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 fug 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 or 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, direly or Indirectly, five (5) percent or more of Me
outstanding stock in the corporation. If the contract or business transaction is with a partnership, the foregoing information shall
be provided for each partner. If the contract or business transaction is with a trust, the foregoing information shall be provided for
the trustee and each beneficiary of the trust The foregoing disclosure requirements shall not apply to contracts with publicly -
traded corporations, or to contracts with the United States or any department oragencythereof, the State or any political
subdNlslon or agency thereof, or any municipality of this State. Use duplicate page if needed for additional names.
Ifno officer, director or stockholder owns (9/) or more of sfocfr, please write "None" below.
PWNCIPALS
, FULL LEGAL NAME TITLE ADDRESS
OWNERS
CHECK BOXES
BELOW
FULL LEGAL NAME
TITLE
s_
x
a
X5O
ADDRESS
GENDER
RACE
1 ETHNIC
M
F
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
101010
❑
❑
❑
If a percentage of the firm Is owned by a publicly traded wrporation, indicate below in the space 'Other Corpmadons"
OTHER CORPORATIONS
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
❑
[]1
❑
❑
❑
Page 1 of 9 CD1521314131V
MIAMWAM
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
2. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT
(County Ortlinance No. 90-133, amending Section 28-I (d) (2) of the Mami-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 ❑ No ❑
2. Does your firm provide paid health care benefits for its employees? Yes ❑ No ❑
3. Provide a current breakdown (number of persons) in your finn's workforce indicating race, national origin and gender.
3. MIAMFDADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT
(Section 2-8.1.2(b) of the Mam!-Dade County Code)
All persons and entities that contend with Miami -Dade County are required to certify that they will maintain a drug -free workplace
and such persons and entities are required to provide notice to employees and impose sanctions for drug violations o=" 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 shall inform the employee about:
1. Danger of drug abuse in the workplace
2. The firm's policy of maintaining a Crugiree 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 firth shag 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 policy 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 anion against the employee up to and including
termination. Firms may also comply with the County's Drug Free Workplace 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 its own accord and such
policy meets the intent of this ordinance.
4. WAMFDADE COUNTY DISABILITY AND NON-DISCRIMINATION AFFIDAVIT
(ArSde 1, Section 2-8.1.5 Resohrtion R-182-W Amending R-385-95 of the Miami -Dade County Code)
Firms transacting business with MiamFDade County shall provide an affidavit indicating Compliance with all requirements of the
Americans with Disabilities Act (A-D.A.).
I, state that this firm, is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party
contractor shall comply with 90 applicable requirements of the laws Including, but not limited to, those provisions pertaining to
employment. provision or programs and services, transportation, communications, access to facilities, renovations, and new
construction.
The American with Disabilities Act of 1990 (ADA.), Pub. L. 101-336. 104 Stat 327,42 U.S.C. Sections 225 and 611
including Titles I, II, III, IV and V.
The Rehabilitation Ad 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 alum that I am In compliance with the below sedfou'
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 alfinnativ , action plan on file with Miami -Dade
County
Section 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 of 9 CD152131413tV
0
MIAM
t� 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 am representative of the population make-up of the nation may be exempt.
5. MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Section 10.38 of the Miami -Dade County Code)
Firms wishing to do business 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, confine that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami -
Dade County.
6. MIAMI-DADE COUNTY AFFIDA VIT RELATING TO INDIVIDUALS AND ENTITIES ATTESTING BEING CURRENTIN THEIR
OBLIGATIONS TO MIAMI-DADE COUNTY
(Ordinance 99-162, amending Section 2-8.1; Ordinance M30, amending Section 2-8.1(c), and Ordnance 00-67, amending 2-8.1
(h), of the Miami -Dade County Code)
Firms wishing to 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 cu ently due fees or taxes including, but not limited to, real and personal property taxes,
convention and tourist development Laces, utility taxes, and Local Business Tax Receipt collected in the normal course by the
Mami-Dade County Tax Collector and County issued parting tickets for vehicles registered in the name of the above firth, have
been paid.
7. MU1MI-DARE COUNTY CODE OF BUSINESS ETHICS AFFIDAVIT
(Article 1, Section 2-8. Ili) of the Miami -Dade County Code through (6) and (9) of the County Code and County Ordinance No 00-1
amending Section 2-11. l(c) of the County Code)
Finns 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 shall, at a minimum; require the contractor to comply with all applicable governmental rules and
regulations.
I confirm that this fin 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 fine does with the County and shall, at a
minimum, require the contractor to comply with all applicable governmental rules and regulations.
8. MIAMI-DADS COUNTY FAMILYLEAVE AFFIDAVIT
(Article V of Chapter 11, of the NamFDade 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 to the aurem 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. MIAUADADE COUNTY LIVING WAGE AFFIDAVIT
(Sactfon 2-8.9 of the of the Mfsmi-Dade County Code)
All applicable contractors entering into a contract with the County shall agree to pay the prevailing Irving wage required by this
section of the County Code.
I confine that it 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 of 9 CD152/31413N
e
�NEW PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
10. MIAMI-DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT
(ArUclie 8, Section 1IA-60—11A-67 of the of the Miami -Dade County Code)
Firms wishing to transact business with Miami -Dade County must certify that A is in compliance with the Domestic Leave
Ordinance.
I confirm that if applicable, this firm compiles 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. MIANI-DADS 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 ❑ has ® 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 contract or receiving funding from the County ❑ has ® has not as of
this date been convicted of a felony during the past ten (10) years.
Sworn to and subscribed before me this day of
Personally knowa
n Notary Public State of
Or produced identification
My commission expires
(Signature)
(Type of identification) L CIA
MW2C0WAW0:N#GGfl6752
16, 2021
(Print, type or
Page 4 of 9
CDI32/31413N
0
0
mmlow 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 Miami Dade County,
by Steven J. Alexander, City Manager
(Print individual's name and title)
for City of South Miami
(Print name of entity submitting sworn statement)
whose business address is 6130 Sunset Drive, South Miami, FL 33143
and if applicable its Federal Employer Identification Number (FEIN) is 59-6000431
If the entity has no FEIN, include the Social Security Number (SSN) of the individual signing this swom
statement: SSN -
2.- 1 understand that a "public entity crime' as defined in paragraph 287.133 (1) (g), Florida Statutesmeans a
violation of any state or federal law by a person with respect to, and directly related to the transactions of
business with any public entity or with an agency or political subdivision of any other state or with the United
States, including, but not limited to any bid or contract for goods or services to be provided to public entity or
agency pr political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misinterpretation.
3: 1 understand that "convicted° or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutesmeans
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of. guilt, in a federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.
4.-1 understand that an "AffillaW 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 crime. The term "affiliate° Includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares constituting a controlling interest in
another person, or a pooling of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that one person controls another person.
A person who knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 moths shall be considered an affiliate.
5.- 1 understand that a "person" as defined in paragraph 287.133 (1)(e), Elorida 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)
Page 5 of 9 CD1521314131V
MW
000 PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
X Neither the entity submitting sworn statement, nor any of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1-,-1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the 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 list (attach a copy of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC 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 TH N CONTAINED IN
THIS FORM.
(Signature)
Sworn to and subscribed before me this day of , 20_�f.
PersKall�knoW Rk- x—'--
Or produced identification Notary Public -State of '
(Type of identification)
My commission expires
,.�.. �1a�. ,;�r?c�a
MY WMMIM(Ri 5 _ i {'752
. •x EXPIR63:Qc!cte� 5;;•2021
(Print, rypublic)
Page 6 of 9
CD1521314131V
N
O
lift
� 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 ❑ No
Multi -Family Housing Rehab Yes ❑ No
CDBG Commercial Loan Project Yes ❑ No
U.S.HUD Section 108 Loan Yes ❑ No ED
Other HUD Funded Programs Yes ❑ No
Other (liens, fines, loans, occupational licenses, etc.) Yes ❑ No
If YES, please explain:
2:- Do you have any past due financial obligations with Miami -Dade County?
YES ❑ NO
If YES, please explain:
3.- Are you a relative of or do you have any business or financial interests with any elected. Miami -Dade County
official, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory Boards?
YES ❑ NO
If YES, please explain:
Any false information proved on this a avit will be reason for rejection and disqualification of your project -funding request to Miami -Dade
County /
The answers to oing questio stated to th of my knowledge and belief.
BY
(Signs Appticant) (Date)
Sworn to and subscribed before me this day of 20 r
P �onallyknown 4�410 �
Or produced identification Notary Public -State of
(Type of identification)
My commission expires
W COMMMONM115M
EXPW:OcWW 16.2021
sw4w ThMb
or stamp commission name of notary public)
CD1521314131V
MW
MMS PUBLIC HOUSING 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 Steven J Alexander
(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:
® 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.
OR
❑ 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 any or the principals thereof of one (1) bidder or proposer have a
direct or indirect own interest in another bidder or proposer for the same agreement. Bids or
proposals found a collusive shall be jeet+e�� By: ca�- 24 '
re of Affiant Date
Steven'J. Alexander
Print Name of Affiant and Title
_5/ 9 =6/ 0/ 01 0/ 4 / 3/ 1 /
Federal Employer Identification Number
City of South Miami
Print Name of Firm
6130 Sunset Drive, South Miami, FL 33143
Address of Firm
Page 8 of 9 CD/52/31413N
M
O
T-
MMM
MM PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
UNIFORM AFFIDAVITS
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20ff
He/She is personally known to e o has presented .mil V'c•P �d as
identfiicatio . Type of identification
/. ,
Signature of otary Serial Number
Print or Stamp Nam of Notary Expiration Date
n, d�4te�.� yam"
Notary Public State of
Notary Seal
" �roCL
N RGG t150
' EXPIRES: 1t2021
N ttw,
Page 9 of 9 CD/52/3141W
U)
O
T_
M MIM PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
DEVELOPER'S AFFIDAVIT THAT MIAMI•DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8A (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)
1, , being first duly swom, hereby state and certify
that the foregoing statements are true and correct:
1. That I am the Developer (if the Developer is an individual), or the City Manager (fill in the title of the
position held with the Developer) of the Developer.
2. That the Developer has paid all delinquent and currently due fees or taxes (including but 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 contract, 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 ten percent or more of the outstanding capital stock in any corporation,
or a di in interest of ten percent or more in a firm, partnership, or other business entity.
- 2 2018
By. - ate
ature of Affiant
Steven J. Alexander. City Manager 59-6000431
Printed Name of Affiant and Title Federal Employer Identification Number
City of South Miami
Printed Name of Firm
6130 Sunset Drives South Miami. FL 33143
Address of Firm r�
SUBSCRIBED AND SWORN TO (or affirmed) before me this a day of 2�i4
by 15+1Vn �' '� . He/She is to me or has presented
as identification.
Type of dentificaton
�j Sii ature of Notary
Print or Stamp Name of Notary
Notary Public -State of
Serial Number
Expiration Date
Notary Seal 1=18t0*_S3WdX3 •
MS4 09 # "SSWMW AiH �_
O
T-
saffiffihk
MAMAM
MEW Em
PUBLIC HOUSING AND COMMUNITY DEVEL0PMENT
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:
(i) Provide a fist 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 fist 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 information shall be attached to the executed affidavit and submitted to the Procurement Contracting
Officer (PCOu AE Selection Coordinator overseeing this solicitation. The Vendor/Ccntractor attests to providing all of the
above information, if applicable, to the PCO.
Contract No.:
ContractTdle:
Federal Employer
Identification Number (FEIN): 59-600043i
Steven J. Alexander City Manager
Printed Name of Affiant Printed Title of Af6ant
City of south Miami
Name of Finn
6130 Sunset I?rive. South Miami
Address of Firm
Florida
7171
of Af /ant
33143
Zip Code
Motary Public Infonnadon
Notary Public State County of
Subsc&ed and sworn to (or affirmed) before me this OZ!z day of&Acr-l-
20
By He or she is per�anally �to me e' or has produced kWdNrcation ❑
Type of identification
S►gna o otary kblff
MANAL GARCM
W
Y!` ' 1 Cam. � '✓ �� , : '=1
xpa
Putt or Stamp of Notary Pubfic Expiration Date1,101
2/2014
r-
0
MIAMtDAA- E... j
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ETHICS COMMISSION DISCLOSURE STATEMENT FOR ALL PHCD PROGRAMS
Applicant: City of South Miami
Co -Applicant:
N/A
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:
n Itwe do not currently work for Miami -Dade County (no additional action Is required).
❑ I/we am/are a School Board or Federal Employee. These employees am not covered under
Section 2-11.1 of the Mami-Dade County Contfict of Interest and Cade of Ethics Ordinance (no additional
action is required).
❑ Uwe amiam an appointed or elected County Official (Ethics Opinion must be sought -
htipl/eth ics. miamidade.go v&equent y-used4orms. asp)
❑ Uwe arNare a Miami -Dade County Employee (Ethics Opinion must be sought -
htfpllethics.miamidade. go 0iequentty-used-forms. asp).
Please provide the department and division name below --
Uwe amtam 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- httplleMics.miamidade.govlhequentty-used4brms.asp).
e Please provide the following information regarding the County employee, appointed or elected
officlaL
Name of employee,
appointed or elected
official:
Departmerd,
Division, or Board:
Signature of
Applicant:
Signature
Date:
Warning: TA/e is, US Cade Section 1001, states that a penton who kwMngty and willingly makes false or hauduknt statements to eny Department or
Agency of the United States is guilty of felony. State law may also provide penalties roc false or fraudulent statements.
�®r
ALC/AMICAICD/1152414N
O
O
CERTIFICATION REGARDING LOBBYING
Certification for 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 making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. 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 $1003,000 for
each such failure.
By: •N (S pature of Authorized Representative)
Print: City of South Miami, Steven J. Alexander
(Print Name of Firm and Authorized Representative)
Title: City Manager
Date: �'�I
O
O
DISCLOSURE ABOUT RELATED PARTIES
August 241. 2018
THERE ARE NO BOARD MEMBERS OF THE Citv of South Miami
WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH
OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH City of South
Miami OPERATIONS.
ATTACHMENT F
0
County Construction Sign
0 07111
❑ GOB ❑ NON GOB
STANDARD W X 81 CONSTRUCTION SIGN
Uin"ound 7 Sided in Ground 2 Side
A -Frame 1 Sided A -Frame 2 Sided
MODIFIED 21 X 31 CONSTRUCTION SIGN
Portable A -Frame
Quantity required
Thls Form to be Emailed to:
Makingston Oiery:cmakin@miamidade.gov
and Hernan Lopez:lopezh@miamidade.gov
rrurcuKq�c
'
s
RENDERIN
G
:mot`
PHOTO
15X24 ./
u
Ge
MS
4�
- �
G0a24970tr7l.
Sign is 4' X 8' with 12' post
• Project Manager to mark location of
sign(s) on site.
• InsWierto m115unshine 811 or 1-800-432-4700
for underground inspection before digging.
Service Ticket #
Index code
GOB Capital Project Number
Project Name
Number
Website
Project Manager
Phone Number:
District Commissioner
Other Specify:
Sign location address
iocanon
Date
characters
MI®� 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:
Policies and procedures of awarding subcontracts are attached as Exhibit G-I
1 hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title: City Manager
Firm Name: City of south Miami
Address: 6130 Sunset Drive
Telephone:
663-6330
Date:
FEIN: 59-6000431
City: South Miami State: FL
Zip Code: 33143
Fax:
CD151131313N
1
South(eiami
IIIL(IIYING
PURCHASING POLICY
The purchasing policy is in accordance with City of South Miami Charter Article III, Section 5
(Power and Duties) and Florida Statute Chapter 287.
Purchases less than $5,000.00. Purchases of, or contracts for, materials, supplies, equipment,
improvements or services for which funds are provided In the budget, where the total amount
to be expended is not in excess of $5,000.00, may be made or entered into by the City Manager
without submittal to the City Commission and without competitive bidding. Single purchases or
contracts in excess of $5,000.00 shall not be broken down to amounts less than $5,000.00 to
avoid the requirements of this subsection. Purchases of less than $1,000.00 do not require:
— Purchase orders
-- Sealed Competitive bids
Purchases of less th,3n $5,000.00 but greater than $1,000 do require:
A minimum of 3 written quotes from 3 different vendors unless piggybacking off an
existing governmental contract, which was part of an acceptable competitive bid
process.
An approved purchase order
Must have been included in the original budget or received approval from the City
Manager.
Purchases more than $5,000.00 but less than $25,000.00 Purchases of or contracts for
materials, supplies, equipment, improvements or services for which funds are provided in the
budget, where the total amount to be expended is in excess of $5,000.00 but which does not
exceed $25,000.00, may be made or entered into by the City Manager with submittal to the City
Commission and without competitive bidding, but shall require that the City Manager obtain
quotes from at least three different vendors. Single purchases or contracts in excess of
$25,000.00 shall not be broken down to amounts less than $25,000.00 to avoid the
requirements of this subsection. Purchases more than $5,000.00 but less than $25,000.00
require:
Approval by the City Manager before the expenditure is made or funds
committed.
A minimum of 3 wrii en quotes from 3 different vendors unless piggybacking
off an existing governmental contract which was part of an acceptable
competitive bid process
City Commission approval
Purchases In excess of $25,000.00. Purchases in excess of $25,000.00 shall be in compliance
with the competitive bidding requirements. Purchases in excess of $25,000.00 require:
— Competitive bid process unless piggybacking off an existing governmental
contract which was part of an acceptable competitive bid process
— Purchase orders must be obtained before an expenditure is made or funds
committed and approved by the City Manager,
-- City Commission approval
CITY OF SOUTH MIAMI BUDGET FY 2017-2018 77
CM
South(OMiami
lilt < 111 01 P11A5A1111VI,N6
If the Manager deems the goods and services an emergency affecting life, health, property or
safety, the -above policy is waived, but must remain In accordance with City of South Miami
Charter Article III, Section 5 (Power and Duties) and Florida Statute Chapter 287.
CITY OF SOUTH MIAMI BUDGET FY 2017-2018 78
HIM
EBB PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT H
SUBCONTRACTOR/SUPPLIER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer City of South Miami
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.
Business Name and Scope of Work to be
Address of FirstTier Performed by
Subcontractor/ Sub- SubcontractodSub-
consultant consultant
Principal Owner
(P
Owner)
Gender Race
None
Business Name and
Address of Direct Supplier
SuppkWUateriaW&rvices
to be Provided by Supplier
Principal Owner
(Principal
Owner]
Gender Race
None
and accurate.
contained in this Subcontractor/Supplier Listing are to the best of my knowledge
Steven J. Alexander City Manager
Print Name Print Title
Date Authorized Representative
(Duplicate if additional space is needed)
Page 1 of 1 CD/53/31413N
19
ATTACHMENT I
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
Agreement
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 andfor for all other third -party agreements/contracts for labor, materials, and
services related to the work covered by this agreement for the City of South Miami projectlactivity.
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 duty
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 prc jectlactivity, for seven (7) years after final payment under contract. Records shall include,
but are not limited to, the following:
Contracts, sub -contracts, audits, 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
form— involving transactions related to this contract for the purpose of making audits,
examinations, excerpts, and transcriptions.
The awardee, sub -recipient, 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 refenVon 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 contract/agreement documents for this project.
b) The undersigned shall retain such records, and all other documents related to the services and materials
fumished for this project, for a period of three (3) years from the completion of the activity or projecL
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 #IFID #:
City of South Miami 59-6000431
Full Address (including City, ST and Zip) and Email Address
6130 Sunset Drive. South Miami, FL
Signature:
Print Name: Date:
Steven J. Alexander
Title: City Manager .
Check one, as applicable:
Developer Prime -Contractor
Sub -contractor or sub -tier sub -contractor X Other (specify) City Manager
Qw,-This material is available in an accessible format upon request.
CD/61/31616
LO
r
Public Housing and Community Development
Attachmeht J
Community Development Block Grant (CDBG) Program
Not Applicable
Duaiificotion Statement - Part 2 - Standard Forms
EXHIBIT
PROFESSIONAL SERVICE AGREEMENT
"Professional General Engineering and Architectural Services"
RFQ #PW2016-22
THIS AGREEMENT made and entered into this �1 s� day of kP\AU tk , 20_U_ by and
between the City of South Miami, a municipal corporation (hereinafter referred to as
Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or
City Manager) and-5,%AlsC who is authorized to do
business in the State of Florida, (hereinafter referred to as the "CONSULTANT"). In
consideration of the premises and the mutual covenants contained in this AGREEMENT,
the parties agree to the following terms and conditions:
1.0 General Provisions
1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following
the signing of this AGREEMENT. This AGREEMENT does not confer on the
CONSULTANT any exclusive rights to perform work on behalf of the Owner
other than the work described in one or more Notice to Proceed (hereinafter
referred to as the "WORK"), nor does it obligate the Owner in any manner to
guarantee work for the CONSULTANT.
1.2 The CITY agrees that it will furnish to the CONSULTANT available data and
documents in the CITY possession pertaining to the WORK to be performed
under this AGREEMENT promptly after the issuance of the Notice to Proceed
and upon written request of the CONSULTANT.
2.0 Scope of Services. The CONSULTANT shall perform the work as set forth in the Scope
Of Services as described in the Notice to Proceed.
3.0 Time for Com letion
3.1 The services to be rendered by the CONSULTANT for any WORK shall be
commenced upon receipt of a written Notice to Proceed from the CITY
subsequent to the execution of this AGREEMENT and shall be completed within
the time set forth in the Notice to Proceed or other document signed by the
City Manager, or designee.
3.2 A reasonable extension of time will be granted in the event there is a delay on
the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of
work or should any other events beyond the control of the CONSULTANT
render performance of his duties impossible.
4.0 Basis of Compensation: The fees for services of the CONSULTANT shall be
determined by one of the following methods or a combination thereof, as mutually
agreed upon by the CITY and the CONSULTANT.
4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as
mutually agreed upon by the CITY and the CONSULTANT and if such an
agreement is reached, it shall be in writing, signed by the CONSULTANT and
the City Manager and attached hereto as ATTACHMENT A:
4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested
without an agreement as to a fixed sum, the CITY agrees to pay, and the
CONSULTANT agrees to accept, for the services rendered pursuant to this
AGREEMENT, fees in accordance with the hourly rates that shall include all
Page S 1 of 66
M'si%, c City of South Miami - RFQ #PW201S-22 I
Professional General Engineering and Architectural Semces i
117
Quaiilcation Statement - Part 2 - Standard Forms
wages, benefits, overhead and profit and that shall be in writing, signed by the
CONSULTANT and the City Manager and attached hereto as
ATTACHMENT A.
5.0 Payment and Partial Payments The CITY will make monthly payments or partial
payments to the CONSULTANT for all authorized WORK performed during the
previous calendar month as set forth in the schedule of payment as set forth in
ATTACHMENT A or, if no schedule of payment exhibit is attached to this
AGREEMENT then payment will be made 30 days following the receipt of
CONSULTANTs invoice as the work progresses but only for the work actually
performed and approved in writing by the City Manager.
6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the
satisfaction of the CITY's representative, who shall decide all questions, difficulties and
disputes of whatever nature which may arise under or by reason of this AGREEMENT,
the prosecution and fulfillment of the services, and the character, quality, amount and
value. The representative's decisions upon all claims, questions, and disputes shall be
final, conclusive and binding upon the parties unless such determination is clearly
arbitrary or unreasonable. In the event that the CONSULTANT does not concur in the
judgment of the representative as to any decisions made by him, CONSULTANT shall
present his written objections to the City Manager and shall abide by the decision of the
City Manager.
7.0 Ownership of Documents. All reports and reproducible plans, and other data
developed by the CONSULTANT for the purpose of this AGREEMENT shall become
the property of the CITY without restriction or limitation.
8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSULTANT
related to this AGREEMENT at any time during the execution of the WORK and for a
period of one year after final payment is made. This provision is applicable only to
projects that are on a time and cost basis.
9.0 Truth -in Negotiations: If the contract amount exceeds the threshold amount provided
in s. 287.017 for category four, the CONSULTANT shall execute a truth -in -negotiation
certificate stating that wage rates and other factual unit costs supporting the
compensation are accurate, complete, and current at the time of contracting. In such
event, the original contract price and any additions thereto shall be adjusted to exclude
any significant sums by which the City determines the contract price was increased due
to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All
such contract adjustments must be made within one year following the end of the
contract.
10.0 Subletting. —The CONSULTANT shall not assign or transfer its rights under this
AGREEMENT without the express written consent of the CITY. The CITY will not
unreasonably withhold and/or delay its consent to the assignment of the
CONSULTANT's rights. The CITY may, in its sole discretion, allow the
CONSULTANT to assign its duties, obligations and responsibilities provided the
assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The
CONSULTANT shall not subcontract this AGREEMENT or any of the services to be
provided by it without prior written consent of the CITY. Any assignment or
subcontracting in violation hereof shall be void and unenforceable
11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSULTANT is
considered a violation of Federal Law. If the CONSULTANT knowingly employs
unauthorized aliens, such violation shall be cause for unilateral cancellation of this
AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as
well. The CITY reserves the right at its discretion, but does not assume the obligation,
Page S2 of 66
`f irFc City of South Miami - RFO OPW201 �22
Professional General Engineering and Architectural Services > 1.5
118
Qualh9cation Statement - Part 2 - Standard Forms
to require proof of valid citizenship or, in the alternative, proof of a valid green card for
each person employed in the performance of work or providing the goods and/or
services for or on behalf of the CITY including persons employed by any independent
contractor. By reserving this right, the CITY does not assume any obligation or
responsibility to enforce or ensure compliance with the applicable laws and/or
regulations.
12.0 Warranty. The CONSULTANT warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to
pay any company or person other than a bona fide employee working solely for the
CONSULTANT any fee, commission, percentage fee, gifts or any other considerations
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the CITY shall have the right to annul this contract without
liability.
13.0 Termination. It is expressly understood and agreed that the CITY may terminate this
AGREEEMENT for any reason or no reason and without penalty by either declining to
issue Notice to Proceed authorizing WORK, or, if a Notice to Proceed is issued, CITY
may terminate this AGREEMENT by written notice to CONSULTANT, and in either
event the CITY's sole obligation to the CONSULTANT shall be payment for the work
previously authorized and performed in accordance with the provisions of this
AGREEMENT. Payment shall be determined on the basis of the work performed by the
CONSULTANT up to the time of termination. Upon termination, the CITY shall be
entitled to a refund of any monies paid for any period of time for which no work was
performed.
14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes
all authorized renewals, or unless otherwise terminated by the CITY. The term of this
agreement is three (3) years from the issuance of the Notice to Proceed and one two-
year option -to renew. The option to renew is at the discretion of the City Manager.
The CITY may terminate the contract without cause following 30 days advanced notice
to the CONSULTANT. However, in no event shall the term exceed five (5) years
following the issuance of the Notice to Proceed.
15.0 Default. In the event either party fails to comply with the provisions of this
AGREEMENT, the aggrieved party may declare the other party in default and notify
the defaulting party in writing. If CITY is in default, the CONSULTANT will only be
compensated for any completed professional services and CONSULTANT shall not
be entitled to any consequential or delay damages. In the event that partial payment
has been made for such professional services not completed, the CONSULTANT
shall return such sums to the CITY within ten (10) days after notice that said sums
are due. In the event of any litigation between the parties arising out of or relating in
any way to this AGREEMENT or a breach thereof,'each party shall bear its own costs
and legal fees.
16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's
Insurance and Indemnification requirements that are set forth in ATTACHMENT 0 to
this AGREEMENT.
17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from
employing other CONSULTANTS to perform the same or similar services.
18.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by
all duly promulgated and published municipal, county, state and federal codes,
ordinances, rules, regulations and laws which have a direct bearing on the WORK
involved on this project. The CONSULTANT is required to complete and sign all
affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS
287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this
Page 53 of 66
stc rd-'a= City of South Womi - RFQ #PW2016-'
116
Professionol General Engineering and Architecturol Services I
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Quallficaiion Statement - Part 2 - Standard Forms
AGREEMENT.
19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or
local taxes related to the Work, inclusive of sales tax if applicable.
20.0 Drug Free Work 1p ace. CONSULTANT shall comply with CITY's Drug Free Workplace
policy which is made a part of this AGREEMENT by reference.
21.0 Independent Contractor. CONSULTANT is an independent entity under this
AGREEMENT and nothing contained herein shall be construed to create a partnership,
joint venture, or agency relationship between the parties.
22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the
term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and
health and safety standards of the federal, state, and CITY, which may be applicable to
the service being provided.
23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and
professional licenses at its sole expense prior to executing the AGREEMENT.
24.0 Entire Agreement. Modification, and Binding Effect: This AGREEMENT constitutes the
entire agreement of the parties, incorporates all the understandings of the parties and
supersedes any prior agreements, understandings, representation or negotiation, written
or oral. This AGREEMENT may not be modified or amended except in writing, signed
by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit
of the City of South Miami and CONSULTANT and to their respective heirs, successors
and assigns. No modification or amendment of any terms or provisions of this
AGREEMENT shall be valid or binding unless it complies with this paragraph. This
AGREEMENT, in general, and this paragraph, in particular, shall not be modified or
amended by acts or omissions of the parties. If this AGREEMENT was approved by
written resolution of the City Commission, or if such approval is required by ordinance
or the City Charter, no amendment to this AGREEMENT shall be valid unless approved
by written resolution of the City Commission.
25.0 -Jua Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and
intentionally waive any right either may have to a trial by jury in State or Federal Court
proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of
this AGREEMENT or the performance of the Work thereunder.
26.0 Validity of Executed Copies,
This AGREEMENT may be executed in several
counterparts, each of which shall be construed as an original.
27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may
be substituted for male, female or neuter, whenever applicable and the singular words
substituted for plural and plural words substituted for singular wherever applicable.
28.0 Severabilitv. If any term or provision of this AGREEMENT or the application thereof to
any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this AGREEMENT, or the application of such term or provision to persons
or circumstances other than those to which it is held invalid or unenforceable, shall not
be affected thereby and each and every other term and provision of this AGREEMENT
shall be valid and enforceable to the fullest extent permitted by law.
29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents,
if any, and the rights and remedies available hereunder, and, in particular but without
limitation, the warranties, guarantees and obligations imposed upon CONSULTANT by
the Contract Documents, if any, and this AGREEMENT and the rights and remedies
available to the CITY hereunder, shall be in addition to, and shall not be construed in
any way as a limitation of, any rights and remedies available at law or in equity, by special
guarantee or by other provisions of the Contract Documents, if any, or this
AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this
Page 54 of 66
City of Soulh Miomi - RFQ OPW2016-22
Professional Generol Engineering and Archileciurd Services 1117
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Quall5canon Staierr+eno - Part 2 - Standard Forms
AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice,
other than such notice as maybe herein expressly required. No remedy conferred upon
or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this AGREEMENT or
hereafter existing at law or in equity. No delay or omission to exercise any right or
power accruing upon any default shall impair any such right or power or shall be
construed to be a waiver thereof, but any such right and power may be exercised from
time to time as often as may be deemed expedient. •
30.0 Non -Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay
in exercising any right, power or privilege under this AGREEMENT on the part of either
party shall operate as a waiver of any right, power, or privilege under this AGREEMENT.
No waiver of this AGREEMENT, in whole or part, including the provisions of this
paragraph, may be implied by any act or omission and will only be valid and enforceable
if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver
of any term, condition or provision of this AGREEMENT will not constitute a waiver of
any other term, condition or provision hereof, nor will a waiver of any breach of any
term, condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this AGREEMENT as to any particular breach or default
shall not act as a waiver of any subsequent breach or default
31.0 No Discrimination and Equal Employment: No action shall be taken by the
CONSULTANT, nor will it permit any acts or omissions which result in discrimination
against any person, including employee or applicant for employment on the basis of race,
creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status,
ethnicity, sexual orientation or physical or mental disability as proscribed by law and
that it will take affirmative action to ensure that such discrimination does not take place.
The CONSULTANT shall comply with the Americans with Disabilities Act and it will
take affirmative action to ensure that such discrimination does not take place. The City
of South Miami's hiring practices strive to comply with all applicable federal regulations
regarding employment eligibility and employment practices in general. Thus, all
individuals and entities seeking to do work for the CITY are expected to comply with all
applicable laws, governmental requirements and regulations, including the regulations of
the United States Department of Justice pertaining to employment eligibility and
employment practices. By signing this AGREEMENT, the CONSULTANT hereby
certifies under penalty of perjury, to the CITY, that CONSULTANT is in compliance
with all applicable regulations and laws governing employment practices.
32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be
governed by the laws of the State of Florida, with exclusive venue for the resolution of
any dispute being a court of competent jurisdiction in Miami -Dade County, Florida.
33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has
been executed by both parties hereto, and approved by the City Commission if such
approval is required by City's Charter, and the effective date shall be the date of its
execution by the last party so executing it or if City Commission approval is required
by the City's Charter, then the date of approval by City Commission, whichever is
later.
34.0 Third Party Beneficiaa. It is specifically understood and agreed that no other
person or entity shall be a third -party beneficiary hereunder, and that none of
provisions of this AGREEMENT shall be for the benefit of or be enforceable by
Page SS of 66
: City of South Miami - RFQ 0PW201S-22
Professional General Engineering and ArcNtectural Services 1118
121
Quall9coiton Statement - Part 2 - Standard Forms
anyone other than the parties hereto, and that only the parties hereto shall have
any rights hereunder.
35.0 Further Assurances. The parties hereto agree to execute any and all other and further
documents as might be reasonably necessary in order to ratify, confirm, and effectuate
the intent and purposes of this AGREEMENT.
36.0 Time of Essence. Time is of the essence of this AGREEMENT.
37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either
party hereto, regardless of who was more responsible for its preparation.
38.0 Force Majeure. Neither party hereto shall be in default of its failure to perform its
obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes,
labor disputes, or governmental demands or requirements that could not be reasonably
anticipated and the effects avoided or mitigated. Each party shall notify the other of any
such occurrence.
39.0 Subcontracting, If allowed by this AGREEMENT, the CONSULTANT shall be as fully
responsible to the CITY for the acts and omissions of its subcontractors/subconsultants
as it is for the acts and omissions of people directly employed by it All
subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT,
must be approved by the CITY. The CONSULTANT shall require each subcontractor,
who is approved by the CITY, to agree in the subcontract to observe and be bound by
all obligations and conditions of this AGREEMENT to which CONSULTANT is bound.
40.0 Public Records: CONSULTANT and all of its subcontractors are required to comply
with the public records law (s.119.0701) while providing goods and/or services on behalf
of the CITY and the CONSULTANT, under such conditions, shall incorporate this
paragraph in all of its subcontracts for this Project Under such condition,
CONSULTANT and its subcontractors are specifically required to: (a) Keep and
maintain public records required by the public agency to perform the service; (b) Upon
request from the public agency's custodian of public records, provide the public agency
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; (c) Ensure that public .records that are
exempt or confidential and exempt from public records disclosure requirements are not
disclosed except as authorized 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 public agency; and (d) Upon completion of the contract, transfer, at no cost, to the
public agency all public records in possession of the contractor or keep and maintain
public records required by the public agency to perform the service. If the contractor
transfers all public records to the public agency upon completion of the contract, 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 contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to the public agency, upon request from the public agency's custodian
of public records, in a format that is compatible with the information technology
systems of the public agency.
OF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1109, FLORIDA STATUTES, TO THE
CONTRACTOR'S DIRTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 305-663-6340; E-mail: ry menendex@southmiamifl.gow, 6130 Sunset
Drive, South Miami, FL 33143.
41.0 Notices. Whenever notice shall be required or permitted herein, it shall be
Page 56 of 66
City of South Miami - RFQ OPW201�-22
Professional General Engineering and Architectural Services
122
Quallficaflon Statement - Port 2 - Standard Forms
delivered by hand delivery, e-mail (or similar electronic transmission), facsimile
transmission or certified mail, with return receipt requested and shall be deemed
delivered on the date shown on the e-mail or delivery confirmation for any
facsimile transmission or, if by certified mail, the date on the return receipt or the
date shown as the date same was refused or unclaimed. If hand delivered to the
CITY, a copy must be stamped with the official City receipt stamp showing the
date of deliver; otherwise the document shall not be considered to have been
delivered. Notices shall be delivered to the following individuals or entities at the
addresses (including e-mail) or facsimile transmission numbers set forth below:
To CITY: City Manager,
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 668-2510
Fax: (305) 663-6345
E-mail: slexander@southmiamifl.gov
With copies to: City Attorney
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepee,south miamifl.Qov
To CONSULTANT:
42.0 Corporate Authority: The CONSULTANT and its representative who signs this
AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its
representative have, and have exercised, the required corporate power and that they
have complied with all applicable legal requirements necessary to adopt, execute and
deliver this AGREEMENT and to assume the responsibilities and obligations created
hereunder; and that this AGREEMENT is duly executed and delivered by an authorized
corporate officer, in accordance with such officer's powers to bind the CONSULTANT
hereunder, and constitutes a valid and binding obligation enforceable in accordance with
its terms, conditions and provisions.
IN WITNESS WHEREOF, this AGREEMENT was signed on or before the
date first above written subject to the terms and conditions set forth herein.
c
�C U LT T: ( %
By a a, , LE P, Vice President
Stantec Consulting Services Inc.
(Print Name 4bo
ATT D:
Mari M. Menendez, C-KC
City Clerk
S !nl-_..
City of South Miami
By:
_,-" even Alexander
City Manager
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Professional General Engineering and Architectural Services I 1 ?n
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Read and Approved as to Form, Language,
Legality and Execution thereof.
By:
Thomas F. Pepe, Esq.
City Attorney
Stanfac
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Quaftaiion Statement- Pact 2 - Standard Forms
C.ily of Soulh Miami - RFO EMI-2016.221
Proresslonal Generol F+eginearing and Rrclilaclurol SeMce-s i 191
124
'moo.
I�
Souf Had
nit onror nrwwrr t1V=
ADDENDUM 4O PROFESSIONAL SERVICE AGREEMENT
"kafeulonal General Engineering and Architectural Services"
RFQ #PW20n6-22
The City and CONSULTANT agree that a separate rotational list will be dedicated for work
performed under a continuing professional service contract, as specified In the Scope of
Services, for "Certified Arborists Services," and a separate rotational list will be established for
all CCNA professional services. "Certified Arborists Services" is defined as:
o CeM led Arborlst Services:
Consultant may be called upon to review all tree removal permit applications that are
submitted to ensure compliance with the regulations outlined in Section 20-4.5.1 of the
City's land Development Code. The review Includes the initial site inspection followed
up by the determination of mitigation and a final inspection. When needed, assist City
Departments with other issues related to the maintenance, preservation, and protection
of trees on both private and public property.
The rotational list for "Certified Arborists Services" will rotate every three (3) months among
the CONSULTANTS. The City intends to retain a maximum of four (4) qualified firms under four
(4) separate but similar Professional Services Agreements.
CONSULTANT:
ioA ds&M", V. P.
(Name of Signatory)
Read and Approved as to Form, language,
Legality and Execution thereof:
By:
Thomas F. Pepe, City Attorney
City of South M
�r
By:
Steven Alexander, City Manager
c
125
AT ACHMENT A
""COMPENSATION"'
PR®FESSB®NAL SERVOCE AGREEMENT
csPFcfmfcnW g-A b4fteming mW Aedftcbom9 Swvdvs"
RFQMNM06-22
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Professional General Engineering & Architectural Services RFQ #PW2016-22
Wage Rates Summary
Job Classification
City of South Mlarni
Benchmark Hourly Rate
Principal
$180.00
Sr. Project Manager
$170.00
Project Manager
$160:00
Senior Engineer
$145.00
Senior Planner
$125.00
Planner
$85.00
Senior Traffic Engineer
$125.00
Traffic Engineer
$85.00
Senior Designer/Engineer
$90.00
Designer
$80.00
Engineering Intern
$95.00
Senior CADD Technician
$100.00
CADD Technician
$65.00
GIS Technician
$80.00
Senior Construction Inspector
$90.00
Construction Inspector
$75.00
Senior Landscape Architect
$125.00
Landscape Architect
$115.00
Landscape Architect Intern
$70.00
Arborist
$75.00
Utility Coordinator
$90.00
Surveyor / Mapper
$85.00
Survey Technician
$60.00
2-Man Survey Crew
$115.00
3-Man Survey Crew
$125.00
4-Man Survey Crew
$135.00
Fire Protection Engineer
$90.00
Plumbing Engineer
$90.00
Mechanical Engineer
$90.00
Electrical Engineer
$90.00
Geotechnical Engineer
$120.00
Geologist
$90.00
Environmental Scientist
$85.00
Senior Administrative Assistant
$65.00
Clerical
$45.00
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ATTACHMENTS
9NSURANCE & INDENNIFOCATOON REQUIREMENTS
PROMMOMMEMICEAGREEKENT
1%we"iand tend Engineering and! grail 3ereicee
RFQWW2016.22
1.010 InsInnce
A Without Orniting Its Ilabllity, the contractor, consultant or consulting Arm (hereinafter
referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall
be required to procure and maintain at its own expense during the life of the Contract.
Insurance of the types and In the minimum amounts stated below as will protect the
FIRM, from claims which may arise out of or result from the contract or the
perfannance of the contract with the City of South Miami, whether such claim Is
against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by
any of d= or by anyone for whose acts any of them may be liable.
L No insurance required by the CITY shall be Issued or written by a surplus lines carrier
unless authorised in writing by the CITY and such authorization shall be at the CWf s
sole and absolute discretion. The FIRM shall purchase Insurance from and shall
maintain the Insurance with a company or companies lawrf dly authorized to sell
Insurance In the State of Florida, on forms approved by the State of Florida, as will
protect the FIRM. at a minimum, from all claims as set forth below which may arise out
of or result from the RRM's operations under the Contract and for which the RRM
may be legally liable, whether such operations be by the FIRM or by a Subcontractor or
by anyone directly or indirectly employed by any of them, or by anyone for whose acts
any of them may be liable: (a) claims under workers' compensadon, disability benefit
and other similar employee benefit acts which are applicable to the Work to be
performed; (b) claims for damages because of bodily Injury, occupational sickness or
disease, or death of the FlRM's employees; (c) claims for damages because of bodily
injury, sickness or disease, or death of any person other than the F1RM's employees;
(d) claims for damages insured by usual personal Injury liability coverage; (e) claims for
damages, other than to the Work Itself, because of injury to or destruction of tangible
property, including loss of use resulting there from; (Q claims for damages because of
bodily injury, death of a person or property darnage arising out of ownership,
maintenance or use of a motor vehicle; (g) claims for bodily Injury or property damage
arising out of completed operations; and (h) claims involving contractsral liability
Insurance applicable to the RRM's obligations under the Contract.
1.011 Firms Insu, l ancg_G yiihe FIRM shall provide and maintain In force and effect untfl
all the Work to be performed under this Contract has been completed and accepted by CITY
(or for such duration as Is otherwise specified hereinafter), the Insurance coverage written on
Florida approved forms and as set forth below.
1.012 Workers' Compensation Insurance at the statutory amount as to all employees In
compliance with the "Workers' Compensation Law" of the State of Florida Including Chapter
440, Florida Statutes, as presently written or hereafter amended, and all applicable federal lawns.
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In addition. the policies must Include: Employers' Liability at the statutory coverage
amount The FIRM shall further Insure that all of its Subcontractors maintain appropriate levels
of Worker's Compensation Insurance.
1.013 Commercial Comprehensive General Llab ft insurance with broad form endorsement,
as well as automobile liability. completed operations and products liability, contractual liability,
severability of interest with cross liability provision, and personal injury and property damage
liability with limits of $1,000,000 combined single limit per occurrence and $ZOOO,000
aggregate. including:
o Personal Injury: $1,000,000;
o Medical Insurance: $5.000 per person;
o Property Damage: $500.000 each occurrence;
1.014 Umbrella Commercial Compmhensive General Uabft Insurance shall be written on a
Florida approved form with the same coverage as the primary Insurance policy but In the
amount of $1.000,000 per clalm and $2,000,000 Annual Aggregate. Coverage must be afforded
on a form no more restrictive than the latest edition of the Comprehensive General Liability
policy, without restrictive endorsements, as filed by the Insurance Services Office. and must
include:
(a) Premises and Operation
(b) Independent Contractors
(c) Products and/or Completed Operations Waaard
(d) Explosion, Collapse and Underground Hazard Coverage
(e) Broad Form Property Damage
(fD Broad Form Contractual Coverage applicable to this specific Contract. Including any
hold harmless and/or indemnification zgreement
(g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with
minimum limits of coverage equal to those required for Bodily Injury Liability and
Property Dame Uability.
1.0 IS Business AuwA=Wle LjabfllW with minimum limits of One Million Dollars
($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence
combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella
coverage must be afforded on a form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by with the state of
Florida, and must include:
(a) Owned Vehicles.
(b) Wired and Non -Owned Vehicles
(c) Employers' Mon -Ownership
1.016 SURICONTRACTS: The FIRM agrees that if any part of the Work under the Contract is
sublet, the subcontract shall contain the same Insurance provision as required by of the Firm,
other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor
for the word FIRM and substituting the word FIRM for CITY where applicable.
1.017 Flm and Extended Coverage Insurance (Widere Rlskl. IF APPLICABLE:
C. In the event that this contract involves the construction of a structure, the FIRM shall
maintain, with an Insurance Company or Insurance Companies acceptable to the CITY,
"Broad" form/All Risk Insurance on buildings and structures. including Vandalism &
Malicious Mischief coverage, while in the course of construction, including foundations,
additions, attachments and all permanent fixtures belonging to and constituting a part of
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said buildings or structures. The policy or policies shall also cover machinery, g the cost
of machinery Is included in the Contract, or if the machinery Is located In a building that
Is being renovated by reason of this contract. The amount of insurance must; at all
times be at least equal to the replacement and actual rash value of the insured
property. The policy shall be In the name of the CITY and the Firm, as their Interest
may appear, and shall also cover the interests of all Subcontractors performing Work.
D. All of the provisions set forth in Miscellaneous section herein below shall apply to this
coverae unless it would be deariy not applicable.
1.018 Mlscel�neous
F. If any notice of cancellation of insurance or change In coverage Is Issued by the
Insurance company or should any Insurance have an expiration date that will occur
during the period of this contract; the FIRM shall be responsible for securing other
acceptable Insurance prior to such cancellation. change, or expiration so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the fife of this Contract
G. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FIRM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond. in a form satisfactory to the CITY covering the same.
H. The policies shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
Insurance that CITY may have. The CITY reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross IiabW' clause without obligation for premium payment of the CITY
as weft as contractual liability provision covering the FIRKS duty to indemnify the City
as provided In this Agreement.
I. BWbm starting the Work. the FIRM shall telWw to the CITY certificates
of such insurance, acceptable to the CITY, as well as the Insurance binder, If one is
issued, the insurance policy, Including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the Insurance
agent or broker through whom the policy was obtained. The Insurer shall be rated
A VII or better per A.M. Beses Key Rating Guide, latest edition and authorized to issue
Insurance In the State of Florida. AD insurance policies must be written on forms
approved by the State of Florida and they must remain In full force and effect for the
duration of the contract period with the CITY. The FIRM may be required by the CITY,
at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I
of this document) which shall include the dedaradon page and all required
endorsements. In addition, the FIRM shall deliver. at the time of delivery of the
Insurance certificate, the following endorsements
(3) a policy provision or an endorsement with substantially similar provisions as
foilows..
"The City of South Miami is an additional insured. The insurer shall pay all sums
that the City of South Miami becomes legally obligated to pay as damages
because of "bodily Injury". 'property damage' , or "personal and advertising
Injury" and it will provide to the City all of the coverage that is typically provided
under the standard Florida approved forms for commercial general liability
coverage A and coverage B";
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(4) a policy provision or an endorsement with substantially similar provisions as
folkm&.
"This policy shall not be cancelled (including cancellation for non-payment of
premium). terminated or materially modified without first giving the City of
South Miami ten (10) days advanced written notice of the intent to materially
modify the policy or to cancel or terminate the policy for any reason. The
notification shall be delivered to the City by certified mail, with proof of delivery
to the City."
If the FIRM is providing professional services, such as would be provided by an
architect, engineer, attorney, or accountant, to name a few, then In such event and in
addition to the above requirements, the FIRM shall also provide professional Uability
Insurance on a Florida approved form In the amount of $1,000.000 with deductible per
claim If any, not to exceed 5% of the limit of liability providing for all sums which the
FIRM shall become legally obligated to pay as damages for claims arising out of the
services or work performed by the FIRM its agents representatives, Sub Contractors
or assigns, or by any person employed or retained by him In connection with this
Agreement This insurance shall be maintained for four years after completion of the
construcdon and acceptance of any Project covered by this Agreement However. the
FIRM may purchase Specific Project Professional Liability Insurance, In the amount and
under the terms specified above, which is also acceptable. No insurance shall be issued
by a surplus lines carrier unless authorind in writing by the city at the cWs sole,
absolute and unfamu d discretion.
Ondely nMcmtlon Requirement
G. The Firm accepts and voluntarily Incurs all risks of any injuries, damages, or harm which
might arise during the work or event that is occurring on the CITY's property due to
the negligence or other fault of the Firm or anyone acting through or on behalf of the
Firm.
H. The Firm shall Indemnify, defend, save and hold CITY, its officers, affiliates, employees,
successors and assigns, harmless from any and all damages, claims, liability, losses,
claims, demands, suits, fines, judgments or cost and expenses, Including reasonable
attorney's fees, paralegal fees and investigative costs incidental there to and Incurred
prior to, during or following any litigation, mediation, arbitration and at all appellate
levels, which may be suffered by, or accrued against, charged to or recoverable from
the City of South Miami, its officers, affiliates, employees, successors and assigns, by
reason of any causes of actions or claim of any kind or nature, Including claims for
injury to, or death of any person or persons and for the loss or damage to any property
arising out of a negligent error, omission, misconduct, or any gross negligence,
intentional act or harmful conduct of the Firm, its contractor/subcontractor or any of
their officers. directors, agents, representatives, employees, or assigns, or anyone acting
through or on behalf of any of them, arising out of this /agreement: Incident to k or
resulting from the performance or non-performance of the Firrn's obligations under this
AGREEMENT.
I. The Firm shall pay all claims, losses and expenses of any kind or nature whatsoever. In
connection therewith, including the expense or loss of the CITY and/or its affected
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officers, affiliates, employees, successors and assigns, Including their attorney's fees, in
the defense of any action in lave or equity brought against them and arising from the
negligent error, omission, or act of the Finn, its Sub -Contractor or any of their agents,
representatives, employees, or assigns, and/or arising out at or incident to, this
Agreement, or incident to or -resulting from the performance or non-performance of
the FIrm's oblgations under this AGREEMENT.
J. The Firm agrees and recognizes that neither the CITY nor Its officers, affillates.
employees, successors and assigns shall be held liable or responsible for any claims,
Including the costs and expenses of defendIng such claims which may result from or
arise out of actions or omissions of the Firm, its contractodsubcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or on
behalf of the them, and arising out of or concerning the work or event that is occurring
on the Cff*fs property. In reviewing, approving or rejecting any submissions or acts of
the Firm, CITY In no way assumes or shares responsibility or liability for the acts or
omissions of the
Firm, Its co it, actorlsubcontractar or any of their agents. representatives, employees.
or assigns, or anyone acting through or on behalf of them.
K. The Firm has the duty to provide a defense with an attorney or law firm approved by
the City of South Narml, which approval will shot be unreasonably withheld.
L However. as to design professional contracts, and pursuant to Section 725.08 (0).
Florida Statutes, none of the provisions set forth herein above that are in conflict with
this subparagraph shall apply and this subparagraph shall set forth the sole
responsibility of the design professional concerning Indemnification. Thus, the design
professlorral's obligations as to the City and Its agencies, as well as to its officers and
employees, is to Indemnify and hold them harmless from liabilities, damages, losses,
and costs6 lncludin& but not limited to, reasonable attorneys" fees, to the extent
caused by the nedigence, recklessness, or intentionally wrongful conduct of the design
professional and other persons employed or utilised by the design professional In the
performance of the contract.
THIS IS INCWDED IN THE GENERAL CONDITIONS
END OF SECTION
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