HomeMy Public PortalAbout20-9808 Ingram Park Lighting ProjectSponsored by: City Manager
RESOLUTION NO. 20-9808
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT
GRANT FUNDING FROM MIAMI DADE COUNTY PUBLIC HOUSING
AND COMMUNITY DEVELOPMENT (PHCD) IN THE AMOUNT OF
ONE HUNDRED SEVENTY-NINE THOUSAND, THREE HUNDRED
THIRTY-FOUR DOLLARS AND SIXTY-FIVE CENTS ($179,334.65) FOR
THE INGRAM PARK LIGHTING PROJECT; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE THE FY 2019 COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT ("CDBG") BETWEEN
MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA";
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the Home Rule Charter authorizes Miami -Dade County ("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 Community Development Act of 1974, as amended, with the
primary objective of promoting the development of viable urban communities; and
WHEREAS, the County has appropriated CDBG funds to the City of Opa-Locka
("City"), plus any Program Income awarded by the Board County Commissioners,
which may be added to the Contract by Amendment, for the Ingram Park Lighting
Project ("Grant"); and
WHEREAS, the Award funds will be used to provide renovation and repair of the
Ingram Park lighting system and other park improvements; and
WHEREAS, the City must execute the FY 2019 Community Development Block
Grant Contract Between Miami -Dade County and City of Opa-Locka" (attached hereto
as Exhibit "A") in order to accept the terms and conditions of the Award, in addition to
the Award funds; and
WHEREAS, the City Commission finds it to be in the best interests of the City and
its residents to accept the terms, conditions and funds of the Miami -Dade County
Community Development Block Grant (CDBG), totaling One Hundred Seventy -Nine
Thousand, Three Hundred Thirty -Four Dollars and Sixty -Five Cents ($179,334.65) for
the Ingram Park Relighting Project and execute the attached Grant Contract with
Miami -Dade County as set forth in Exhibit "A" hereto.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA:
Resolution No. 20-9808
Section 1. Adoptions of Representations. The foregoing "Whereas" clauses are
hereby ratified and confirmed as being true, and the same are hereby made a specific
part of this Resolution.
Section 2. Authorizing Execution of Agreement. The City Commission of the
City of Opa-Locka, Florida hereby authorizes the City Manager to accept the terms,
conditions and funds of the Miami -Dade County Community Development Block Grant
(CDBG) to the City, totaling One Hundred Seventy -Nine Thousand, Three Hundred
Thirty -Four Dollars and Sixty -Five Cents ($179,334.65) for the Ingram Park Relighting
Project and execute the Grant Agreement between Miami -Dade County and the City of
Opa-Locka in the form attached hereto as Exhibit "A".
Section 3. Effective Date. This Resolution shall take effect immediately upon
adoption, and is subject to the approval of the Governor of the State of Florida or his
designee.
PASSED AND ADOPTED this 23rd day of September, 2020.
Matthew A. Pigatt, Mayor
ATTEST:
oa L a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
/it i ,
Burnadette Norris- eeks, .A.
City Attorney
Moved by: Commissioner Kelley
Seconded by: Vice Mayor Davis
2
Resolution No. 20-9808
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
3
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
Q
City
Manager:
John E. Pate
CM Signature:
df-d,/10. n n
/
Commission
Meeting
Date:
09/23/2020
Item T e:
Type:
(EnterX in box)
Resolution
rdinance
Other
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
X
Public Hearing:
(EnterX in box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
x
Strategic
Plan Related
(EnterX in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City
Communication
Area:
•
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
m
•
Image •
•
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Acceptance of CDBG Grant Funding from Miami Dade County for Ingram Park Relighting Project
Staff Summary:
A Resolution of the City Commission of the City of Opa-locka, Florida, authorizing the City Manager to accept
Grant Funding from Miami Dade County through Public Housing and Community Development (PHCD);
whereas the County has appropriated Community Development Block Grant Funds (CDBG) in the amount of
One Hundred Seventy -Nine Thousand, Three Hundred Thirty -Four Dollars and Sixty -Five Cents ($179,334.65)
for Ingram Park Relighting Project.
Financial Impact (FY 20)
Account
Description
Received To
Date (FY 20)
This Receipt
New Balance
320-331698
CDBG (MDC/PHCD)
$0
$179,334.65
$179,334.65
Proposed Action:
Staff recommends approval of this resolution.
Attachment:
1. Agenda
2. FY 2019 Community Development Block Grant Contract between the City and Miami -Dade County
Resolution Number: R-841-19
Awarded Amount: $179,334.65
Duns Number. 083111823
CDBG 2019 FY 2019 COMMUNITY DEVELOPMENT BLOCK GRANT
Non -Profit CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF OPA-LOCKA
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 Opa-Locka, hereinafter
referred to as "Awardee" and having offices at, 780 Fisherman Street. ODa-Locka. FL 33054, and telephone number
of (305) 953-2868 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, 14th Floor, Miami,
Florida 33136, collectively referred to as the Parties."
WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and
welfare of the residents throughout the County; 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 Ingram Park Lighting
Project, located at 1900 Burlington Street. Opa-Locka, FL 33054.
WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services", in Miami -Dade County or the focus area(s) of the county.
NOW, 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, 2019.
This Agreement shall expire on September 30. 2021.
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 $179,334.65
I. 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.
Page 1
Community Development
Corporation
Local
Low- and Moderate -Income
Individual or Family
Very Low Income Individual
or Family
Contract Records or
Agreement Records
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of low- and moderate -income area
residents and which is receptive to the needs expressed by the
community.
Having headquarters in Mlami-Dade County or having a place of
business located in Miami -Dade County from which the Contract or
Subcontract will be performed.
A person or family whose annual income does not exceed 80% of the
median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
A person or family whose annual income does not exceed 50% of the
median income for the area, as determined. by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Any and all books, records, documents, information, data, papers,
letters, materials, electronic storage data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed, maintained, completed, received or compiled by
or at the direction of the Awardee or any subcontractor in carrying out
the duties and obligations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, maps, pamphlets, designs, electronic tapes, computer
drives and diskettes or surveys.
Effective Term The Effective Term of this Agreement is the duration of time listed
of Agreement above as the "EFFECTIVE 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.govlhousing/commun ity-development.asp
Subcontractor or
Subconsultant
Any individual or firm hired on a contractual basis by the Awardee for
the purpose of performing work or functions cited on the Action Step
Format (Attachment "Al) of this contract.
Subcontract Any contractual agreement between a Subcontractor and the Awardee.
Page 2
II. THE AWARDEE AGREES:
A. The Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services," which is incorporated herein and attached hereto, in the County or the focus area(s) of the
County. Awardee acknowledges and agrees that the purpose of CDBG funds is to benefit low- and
moderate -income persons. Therefore, Awardee shall carry out the Activities in such a manner as to
satisfy a National Objective.
All CDBG funds, except those awarded to County Departments, municipalties, and/or sovereign
govemment entities, are awarded in the form of a loan that is forgivable if the National Objective is
met pursuant to the terms and conditions set forth herein, including but not limited to Section II,
W(2)(aX1)-(2) ("National Objective"). Unless Awardee is a County Department or sovereign
govemment entity, Awardee shall be required to execute for the benefit of the County a promissory
note and, as applicable and as described in this Agreement, a mortgage or other security instrument
or restrictive covenant as determined by the County in its absolute and sole discretion to be in the
best interest of the County to ensure the National Objective is met. If Awardee is a County
Department or sovereign government entity, the CDBG funds shall shall be awarded in the form of a
conditional grant which shall be repaid by Awardee upon written demand from the County if Awardee
fails to meet a National Objective. Notwithstanding any other provision of this Agreement, if Awardee
is a County Department or sovereign govemment entity, Awardee shall not be required to execute
on behalf of the County a promissory note, mortgage or other form of security.
B. Insurance Requirements
Upon PHCD's notification, the Awardee shall fumish to the Department's Community and Housing
Management Division (CHMD), 701 N.W. 1 Court, 14th floor, Miami, Florida 33136, relevant
certificate(s) of Insurance evidencing insurance coverage as detailed in Attachment B -1(J -B). 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(J -B) 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.
Page 3
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 attomey's fees which may issue thereon. The Awardee expressly
understands and agrees that any insurance protection required by this Agreement or otherwise
provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the County or its officers, employees, agents and instrumentalities as herein provided.
Nothing herein is intended to serve as a waiver of sovereign immunity by the County or Awardee (if
Awardee is a sovereign govemment entity. Nothing herein shall be construed to extend the County's
or Awardee's liability (if Awardee is a sovereign govemment entity) beyond that provided in section
768.28, Florida Statutes. Nothing herein shall be construed as consent by the County or Awardee
(if Awardee is a sovereign government entity) to be sued by third parties in any matter arising out of
this Agreement. The provisions of this section survive the termination or expiration of this Agreement.
E. National Objective
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required
to achieve the national objective of Benefit to Low and Moderate Income Persons or Households
(LMO. (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. Title work and a title insurance
policy, if so required in the absolute and sole discretion of the County Mayor or Mayor's designee in
order to adequately secure the loan set forth herein, shall be paid for by Awardee. Awardee
understands that the County may be liable to the United States Department of Housing and Urban
Development ("HUD") for repayment of the federal funds loaned to Awardee pursuant to this
Agreement in the event that HUD determines that Awardee has failed to meet the national objective.
AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT
TO THIS AGREEMENT 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(J -B) 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.
Page 4
2. Progress Reports
a. The Awardee shall submit each quarter a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by PHCD, which
shall describe the progress made by the Awardee in achieving each of the
Activities, objectives and action steps identified herein, including but not limited to
Attachment A and Attachment A-1.
The Awardee shall ensure that PHCD receives each report in triplicate (or as
indicated) no later than 10 days after the quarter ends.
The Awardee shall submit to PHCD a cumulative account of its activities under this
agreement by completing the following portions of the Progress Report Form:
Section 1— General Information
Section 11 - 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 111- Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments and/or delays encountered during
the implementation of the project and an unduplicated count of clients served
during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation projects
shall report on the progress of their activities including the number of housing units
completed and occupied by low -moderate and low income residents. The Awardee
shall also report demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report. Awardees engaged in job creation
projects shall report on the progress of their activities including the names of
businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
50% and 70% Benchmark Reporting: At the time Awardee has been paid or
otherwise received fifty percent (50%) and seventy percent (70%) of the
Agreement Funds, Awardee must report — on the next progress report due — and
submit documentation to show sufficient to show that Awardee has accomplished
50% and 70%, respectively, of the Activities described herein. For Awardees
engaged in construction and/or housing rehabilitation projects, Awardees shall
report on the progress of their activities including the number of housing units
completed and occupied by low -moderate and low income residents. The Awardee
shall also report demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report. Awardees engaged in job creation
projects shall report on the progress of their activities including the names of
businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
In conjunction with the progress reports submitted, Awardee shall submit the
Performance & Benefit Data Supplement (the "Supplement") to the Quarterly
Expenditure & Progress Report. The Supplement shall be considered a part of the
progress reports due pursuant to this Agreement.
Page 5
Section IV - Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress Report)
- The Awardee shall report to PHCD the number of business activities involving
minority vendors, including subcontractors performing work under this Agreement.
The "Contract and Subcontract Activity Report" Section in Attachment C, and when
applicable Section 3 in the same Attachment shall be completed semiannually by
the Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
Section V - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) - The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from federally
financed and assisted projects and activities.
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 Site(s) Objective - If the Awardee has not yet identified a location to
carry out any of the activities described in Attachment A, the Awardee shall
submit, in triplicate, Progress Reports, using the form attached hereto as part of
Attachment C, on a monthly basis until such time as the Awardee complies with
the provisions contained within Section II, Paragraph F.4. 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.
Page 6
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 11, 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 eamed during the year and shall pay to the County
all Program Income earned unless directed expressly, in writing, to otherwise by the County.
4. Environmental Review - The Awardee immediately upon locating or determining a site for
each of the "Unspecified site" activities to be carried out pursuant to this Agreement, shall
submit information detailing the location of each site for which a Site Environmental
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D, "Information for Environmental Review Form."
Notwithstanding any provision of this Agreement. the parties hereto agree and acknowledge
that this Agreement does not constitute a commitment of funds or site approval, and that
such commitment of funds or approval may occur only upon satisfactory completion of
environmental review and receipt by the County of a release of funds from the U.S.
Department of Housing and Urban Development under 24 CFR Part 58. The parties further
agree that the provision of any funds to the project is conditioned on the County's
determination to proceed with, modify or cancel the project based on the results of a
subsequent environmental review.
5. Audit Report - The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section I I , 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 intemal corporate or organizational structure, property
management and procurement policies and procedures, personnel management,
accounting policies and procedures and policies and procedures goveming the federally
funded activity, etc. Such inforrnation 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 sole 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 inforrnation 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,
Page 7
which may result in the immediate termination of the agreement, the recovery of the entire
funding award, and the disqualification of funding through PHCD for a period of three years.
10. Reporting on financial Status, Bankruptcy, Real Property, or Personal Property — Awardee
shall notify the County in writing within ten (10) days of the occurrence of any of the following
as to Awardee or any Related or Affiliated Parties:
a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default,
late payment regarding any property of Awardee or Related or Affiliated Parties,
including properties not related to this Agreement. Awardee shall also provide the
County with a copy of all court filings, notices of default, arrearage or late payment,
or any other documents relevant to the disclosures required herein.
b. Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for which
the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of 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 Contractor(s) 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.
Page 8
2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of. a Member of Congress in connection with this federal
Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
Rules, Regulations and Licensing Requirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, especially those applicable to conflict of interest and
collusion. Awardees are presumed to be familiar with all Federal, State and local laws,
ordinances, codes, rules and regulations that may in any way affect the goods or services
offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and
as amended by Executive Order No. 11375, as supplemented by the Department of Labor
Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of
Florida Statutes and any and all other local, State and Federal directives, ordinances, rules,
orders, and laws relating to people with disabilities. The Awardee will also comply with OMB
A-122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures specified
in PHCD's Policies and Procedures Manual found at
http://www/miamidade.gov/housinglcommunity-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 11-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 VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin;
Executive Order 11246, as amended which requires equal employment opportunity; and
Page 9
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.
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 Clerk of the Board, an appropriately completed and signed Affirmative Action
Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are representative of
the population make-up of the nation are exempt from this requirement and must submit, in
writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each
board member, to the County's Regulatory and Economic Resources Department. Firms
claiming exemption must submit, as a part of their proposals/bids to be filed with the Clerk
of the Board, an appropriately completed and signed Exemption Affidavit in accordance with
Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the
entities do not discriminate in their employment and procurement practices against
minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross annual revenues
to determine the requirement for compliance with the Ordinance. Those firms that do not
exceed $5 million annual gross revenues must dearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the Miami -Dade Board
of County Commissioners.
9. Domestic Violence Leave Affidavit - Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-60 of the Miami -
Dade County Code. This Ordinance applies to employers that have, in the regular course
of business, fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a 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.
Page 10
10. Code of Business Ethics - In accordance with Section 2-8.1(1) of the Code of Miami -Dade
County each person orentitiy that seeks to do business with Miami -Dade County shall adopt
a Code of Business Ethics ("Code") and shall submit an affidavit stating that the Awardee
has adopted a Code that complies with the requirements of Section 2-8.1(i) of the Miami -
Dade County Code (Form A-12). Section 2-11.1(d) of Miami -Dade County Code as
amended by Ordinance 00-1, also requires any county employee or any member of the
employee's immediate family who has a controlling financial interest, direct or indirect, with
Miami -Dade County or any person or agency acting for Miami -Dade County from competing
or applying for any such contract as it pertains to this solicitation, must first request a conflict
of interest opinion from the County's Ethic Commission prior to their or their immediate
family member's entering into any contract or transacting any business through a firm,
corporation, partnership or business entity in which the employee or any member of the
employee's immediate family has a controlling financial interest, direct or indirect, with
Miami -Dade County or any person or agency acting for Miami -Dade County and that any
such contract, agreement or business engagement entered in violation of this subsection,
as amended, shall render this Agreement voidable. For additional information, please
contact the Ethics Commission hotline at (305) 579-9093.
11. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a
person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a proposal for a contract to provide any goods or
services to a public entity; may not submit a proposal on a contract with a public entity for
the construction or repair of a public building or public work; may not submit proposals on
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
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
Page 11
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.
2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement, the Awardee 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 (j).
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) goveming the Residential Antidisplacement
and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the
requirements in 570.606(d) goveming optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons (families, individuals, businesses, non-profit organizations
Page 12
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
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.
Page 13
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
anlaysis requirements. These requirements include, but are not limited to, the
analysis of Awardee's financing gap or rate of retum gap, project feasibility, and
the reasonableness of costs and Awardee's or owner's equity retum. Awardee
agrees to defer to the County's analysis of the Activity as conducted in compliance
with the CDBG Regulations, including but not limited to 24 CFR 570.209, including
Appendix A, as well as OMB guidance on using federal funds. Awardee
understands that in the event that the Activity fails the analysis conducted pursuant
to 24 CFR 570.209, Awardee shall have the opportunity to renegotiate this
Agreement by modifying the Activity to improve the Activity to the County's
satisfaction or to terminate this Agreement with each party paying their own costs,
fees and damages (as applicable).
If Awardee is a municipality, the Awardee acknowledges that the County will
perform an underwriting and project analysis to determine the financing gap or rate
of return gap, project feasibility, and the reasonableness of costs and Awardee's
or owners equity retum. 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
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 Intemal
Revenue Service, the Department of Labor and the Department of Housing and Urban
Development.
Page 14
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
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 County 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 Cost" shall mean the total cost of completing the entire project, from
acquisition to the issuance of Certificate of Occupancy, including, but not limited to, the
costs for design, planning, zoning, variances, financing costs, legal costs, construction, and
permitting. For construction and rehabilitation projects, the cost of land acquisition shall be
deducted from the Total Development Cost. In addition, construction costs associated with
non -housing features included in a project or those not deemed by PHCD to be amenities
expected of, typically provided with or appurtenant to affordable housing units, may be
deducted from the Total Development Cost by the Mayor or Mayor's designee.
11. Awardee shall comply or provide the County with bonds sufficient for the County to comply
with Florida Statutes, Section 255.05.
Page 15
12. Art in Public Places: Development/construction projects on County land are subject to the
Art in Public Places ("AIPP") provisions in Section 2.11.15 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.
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 intemal
control review, and a compliance review as described in OMB A-133. A copy of the audit
report in triplicate must be received by PHCD no later than six months following the end of
the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year 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
Page 16
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 carry out any eligible substantive programmatic services, as such services
are described in this Agreement and defined by PHCD, each of the record -keeping and
audit requirements detailed in this Agreement. PHCD shall, in its 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
Auditor to all financial and performance related records, property, and equipment purchased
in whole or in part with govemment funds. The Awardee agrees to maintain an accounting
system that provides accounting records that are supported with adequate documentation,
and adequate procedures for determining the allow ability and allocability of costs.
M. Protected Records and Documents
Any person or 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
Page 17
8. Making intemal 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
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 Records and Proprietary Rights and Information
1. The Awardee shall provide to PHCD, upon request, all Agreement records. These records
shall become the property of PHCD without restriction, reservation, or limitation of their
use. PHCD shall have unlimited rights to all books, articles, or other copyrightable materials
developed for the purpose of this Agreement. These unlimited rights shall include the rights
to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise
use, and to authorize others to use, the information for public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other govemmental
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 Infommation
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
Page 18
contain information or materials which the County has developed at its own expense, the
disclosure of which could hart the County's proprietary interest therein.
During the term of the Agreement, the Awardee will not use directly or indirectly for itself or
for others, or publish or disclose to any third party, or remove from the County's property,
any computer programs, data compilations, or other software which the County has
developed, has used or is using, is holding for use, or which are otherwise in the possession
of the County (hereinafter "Computer Software"). All third -party license agreements must
also be honored by the Awardees and their employees, except as authorized by the County
and, if the Computer Software has been leased or purchased by the County, all hired party
license agreements must also be honored by the Awardees' employees with the approval
of the lessor or Awardees thereof. This includes mainframe, minis, telecommunications,
personal computers and any and all information technology software.
The Awardee will report to the County any information discovered or which is disclosed to
the Awardee which may relate to the improper use, publication, disclosure or removal from
the County's property of any information technology software and hardware and will take
such steps as are within the Awardee's authority to prevent improper use, disclosure or
removal.
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 fumished
by the County to the Awardee hereunder or fumished 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
Page 19
outside the County for such person's or entity's use in furnishing any and/or all of the
Deliverables provided hereunder exclusively for the County or entities controlling,
controlled by, under common control with, or affiliated with the County, or organizations
which may hereafter be formed by or become affiliated with the County. No such
License Software, specifications, data, documentation or related information shall be
deemed to have been given in confidence and any statement or legend to the contrary
shall be void and of no effect.
5. Public Records Law
a. Awardee acknowledges that the County is subject to Chapter 119 of the Florida Statutes,
known as the "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, Jacqueline.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.
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.
Page 20
li. A contractor who fails to provide the public records to the County within a reasonable time
may be subject to penalties under Florida Statutes, Section 119.10.
f. The contractor shall be liable in any civil action brought due to contractor's violation of Florida's
public records laws, and shall indemnify the County as described in this Agreement.
P. Audits and Inspectors General
Nothing in this Agreement shall impair any independent right of the County to conduct audit or
investigate activities. The provisions of this section are neither intended nor shall they be construed
to impose any liability on the County by the Awardee or third parties.The provisions in this section
shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or
Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and
all other Agreements executed by the Awardee in connection with the performance of the Agreement.
Miami -Dade County Inspectors General Review
According to Section 2-1076 of the Code of Miami -Dade County, as amended, Miami -Dade County
has established the Office of the Inspector General which may, on a random basis, perform audits
on all County contracts, throughout the duration of said contracts, except as otherwise provided
below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total
contract amount which cost shall be included in the total proposed amount The audit cost will be
deducted by the County from progress payments to the selected Awardee. The audit cost shall also
be included in all change orders and all contract renewals and extensions.
Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply
to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for
financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f)
concessions and other rental agreements; (g) insurance contracts; (h) revenue -generating contracts;
(I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j)
professional service agreements under $1,000; (k) management agreements; (I) small purchase
orders as defined in Miami -Dade County Administrative Order 3-2; (m) federal, state and local
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 concerning
whether the project is on time, within budget and in compliance with plans, specifications and
applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained
by the Inspector General, the Awardee shall make all requested records and documents available to
the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Awardee's possession, custody
or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the
Agreement, including, but not limited to original estimate files, worksheets, proposals and
Agreements from and with successful and unsuccessful subcontractors and suppliers, all project -
related correspondence, memoranda, instructions, financial documents, construction documents,
proposal and Agreement documents, back -charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records, and supporting documentation for the aforesaid documents and records.
Independent Private Sector Inspector General Reviews
Pursuant to Miami -Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
Page 21
"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
performance of the Awardee in connection with this Agreement. The terms of this Article shall not
impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from PHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to PHCD at least thirty (30) days prior to 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.
8. 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
Agreement records, facilities, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews, PHCD will deliver to the Awardee a report of its findings, and the Awardee
will 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,
Page 22
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
services requried under this Agreement. The Awardee further covenants that in the performance of
this Agreement no person having such a financial interest shall be employed or retained by the
Awardee hereunder. These conflict of interest provisions apply to any person who is an employee,
agent, consultant, officer, or elected official or appointed official of the County, or of any designated
public agencies or subrecipients which are receiving funds under the CDBG Entitlement program.
The Awardee certifies and represents that no officer, director, employee, agent, or other consultant
of the County or a member of the immediate family or household of the aforesaid has directly or
indirectly received or been promised any form of benefit, payment or compensation, whether tangible
or intangible, in connection with the grant of this Agreement.
The Awardee shall abide and be governed by Miami -Dade County Ordinance No. 72-82 (Conflict of
Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in
connection with its Agreement obligations hereunder.
The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party
that are covered by the above standards. The Awardee shall make such disclosure in writing to PHCD
immediately upon the Awardee's discovery of such possible conflict. PHCD will then render an
opinion which shall be binding on all parties.
The Awardee shall submit to PHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, includinig Related or
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 government), or a member of the immediate family or
household of any of the aforesaid:
1) 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.
Page 23
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee shall have an interest which is in conflict with the Awardee's
faithful performance of its obligation under this Agreement; provided that the County, in
its sole discretion, may consent in writing to such a relationship, provided the Awardee
provides the County with a written notice, in advance, which identifies all the individuals
and entities involved and sets forth in detail the nature of the relationship and why it is
in the County's best interest to consent to such relationship.
c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with
respect to conflict of interest. In the event there is a difference between the standards
applicable under this Agreement and those provided by statute, the stricter standard
shall apply.
d) In the event Awardee has no prior knowledge of a 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 (1SD). Within thirty (30) days of the erection of the sign, the CHMD Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment
for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCD in the CDBG application
approved by the supervising federal agency.
Page 24
The Awardee shall assure that ail subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas be
provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below:
1. The work to be performed under this Agreement is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section
3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD- assisted projects covered by Section
3, shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this Agreement, the parties
to this Agreement certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor 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
(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 (1) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic
Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and
section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
8. Fair Subcontracting Policies (Ordinance 97-35)
Page 25
All Awardees on County contracts in which subcontractors may be used shall be subject to
and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed
statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be awarded
a subcontract;
b) invites local subcontractors to submit bids/proposals in a practical, expedient way;
c) provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a statement
of their subcontracting policies and procedures (see Attachment G). The County will not execute this
Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and
Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it appears
to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise
impair the performance of the Awardee's obligations under this Agreement.
W. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
c. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents, inventions, and copyrights.
d. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or PHCD in whole or in part with CDBG funds received from PHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five (5)
years after the expiration or termination of this Agreement, or for such
longer period of time as determined by PHCD in its sole and absolute
discretion; or
2) Not used to meet one of the three (3) CDSG 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
Page 26
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.
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
title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
Page 27
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.
b. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with PHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to PHCD. The
inventory report shall include the elements listed in Paragraph W.3.a., above.
c. Title (ownership) to all nonexpendable personal property purchased in whole or in
part with funds given to the Awardee pursuant to the terms of this Agreement shall
vest in the County and PHCD.
5. The Awardee shall obtain prior written approval from 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 retum 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 request and
quarterly as part of the Fiscal Section of the Awardee's Progress Report as
outlined in Section II, Paragraph F2.a.
The awardee will submit the Calculation of Proqam Income form 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
temiination of this Contract, Awardee shall immediately pay/return all Contract
funds and Program Income to the County.
Page 28
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 eamed, 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.
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.
f. Any proceeds from the sale of property as detailed in Section II, Paragraph W.4.,
above, shall be considered Program Income.
g -
The Awardee shall obtain, as part of the required audit report, validation by a
certified auditor of all Program Income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shall transfer to the County any Program Income funds on hand, and any Program
Income accounts receivable to any CDBG funded activities. PHCD may require remittance
of all or part of any Program Income balances (including investments thereof).
4. PHCD, in its 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:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at httpsj/www.sam.00v/ 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.
Page 29
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval that
the County or PHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible substantive programmatic service, as may be defined by
PHCD, set forth in this Agreement PHCD shall in its sole discretion determine
when services are eligible substantive programmatic services and subject to the
audit and record -keeping requirements described above, and;
Result from an open competitive bid process generating a minimum of three bids.
Such competitive process shall be described in writing, approved by the Board of
Directors and a copy of which submitted to PHCD. In such circumstances that
open, 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 govemed by the terms and intent of this Agreement
9.
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 fumished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services. Regardless of any approvals by PHCD of
subcontracts or subcontractors, the Awardee shall bear all risks associated with
subcontracting performance of the Activities to a subcontractor.
4. The Awardee shall receive from PHCD written prior approval for any subcontract engaging
any party who agrees to carry out any substantive programmatic activities as may be
determined by PHCD as described in this Agreement. PHCD's approval shall be obtained
prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from PHCD prior to either assigning or
transferring any obligations or responsibility set forth in this Agreement or the right to receive
benefits or payments resulting from this Agreement.
Page 30
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD in excess of the total dollar
amount agreed upon in this Agreement.
7. If the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials, the Awardee shall provide the names of the
subcontractors and suppliers to PHCD (Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list (Attachment H) without prior written approval from PHCD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
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 for any activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty (30) days of the
Awardee's notification by the funding source.
BB. Method of Payment
The Awardee shall be paid as described below:
1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided
below only when the Awardee submits to PHCD adequate proof, as determined by PHCD
in its sole and absolute discretion, that the Awardee has incurred the expenditures. It shall
be presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to PHCD canceled checks or original invoices approved by the
Awardee's authorized representative which show performance of the Activities described in
Attachment A and conformance with the laws, rules and regulations set forth in this
Agreement. When original documents cannot be presented, the Awardee must adequately
justify their absence in writing and fumish 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, for payment within 30 days
after the month in which the expenditures were incurred. Failure to comply will result in
rejection of invoices. In no event shall the County be obligated to pay any invoices for
expenses which were incurred more than 60 days prior to the date the request for payment
is submitted to PHCD.
3. In no event shall the County provide advance CDBG funding to the Awardee or to any
subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms of this Agreement or any amendments thereto.
Page 31
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 dearly identify the completed level of accomplishments met. This shall also apply to
soft costs associated with project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Internal Services
Department. PHCD must receive the final request for payment from the Awardee no more
than thirty (30) calendar days after the expiration or termination of this Agreement. If the
Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
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 uneamed funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property, such reserves shall
not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, including but not
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall
not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be
used for.
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
Page 32
2. Religious Purposes. County funds shall not be used for religious purposes.
3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
II I . THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions
contained within this Agreement in an amount not to exceed the appropriated amount as stated on page 1 of this
contract.
IV. THE AWARDEE AND PHCD AGREE:
A. Effective Date
1. This Agreement shall begin on the effective start date as stated on page 1 of this contract .
Any costs incurred by the Awardee prior to this date will not be reimbursed by the County.
2. This Agreement shall expire on the end date as stated on page 1 of this contract. Any costs
incurred by the Awardee beyond this date will not be reimbursed by the County. The term
of this agreement and the provisions herein may be extended by the County to cover any
additonal time period during which the Awardee remains in control of the CDBG funds or
other assests, including Program Income to support CDBG eligible activites. Any 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 11, 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 required herein.
c. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sole
Page 33
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization,
appointment of a trustee or receiver.
g. Any action, activity, facts, or circumstances that the County determines in its sole
discretion would materially impair performance by Awardee of all the terms and
conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
Failure to comply strictly with Section W(2XaX1)-(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 attomey's fees. Reasonable cause shall be determined by PHCD, in its sole and
absolute discretion, and may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of its
subcontractors;
b. Failure by the Awardee to materially comply with any term or provision of this
Agreement;
c. Failure by the Awardee to submit any documents required by this Agreement; or
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.
Page 34
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,
retum receipt requested, or in person with proof of delivery. The notification will include the
reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten (10)
working days notice when PHCD determines that it would be in the best interest of PHCD
and the County. Said notice shall be delivered by certified mail, return receipt requested,
or in person with proof of delivery. In the event of termination, the County may: (a) request
the return of all finished or unfinished documents, data studies, surveys, drawings, maps,
models, photographs, reports prepared, and capital equipment secured by the Awardee
with County funds under this Agreement; (b) seek reimbursement of County funds allocated
to the Awardee under this Agreement; 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 attorney's fees.
2. Termination for Convenience
PHCD may terminate this Agreement, in whole part when both parties agree that the
continuation of the activities would not produce beneficial results commensurate with the
further expenditure of funds. Both parties shall agree upon the termination conditions.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
In the event of a funding short -fall, or a reduction in federal appropriations, or should funds
to finance this Agreement become unavailable, PHCD may terminate this Agreement upon
no less than twenty-four (24) hours written notification to the Awardee. Said notice shall be
delivered by certified mail, retum 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 making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination 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
Page 35
or provision of this Agreement, PHCD may treat such failure to comply as a repudiation of
this Agreement;
7. Termination for Bankruptcy
The County reserves the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County, the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion
of the property of the Awardee under federal bankruptcy law or any state insolvency law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by written
notice to the Awardee, terminate this Agreement upon no less than twenty-four (24) hours
notice. Said notice shall be delivered by certified mail, retum 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) years. For the purposes of this section, "controlling
financial interest" shall mean ownership, directly or indirectly to ten percent or more of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm, partnership or other business entity.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
Page 36
1 Awardee shall be liable for all damages, including but not limited to:
a. the difference between the cost associated with procuring Services hereunder and the
amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and
b. such other direct damages.
2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's
performance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a court
of appropriate jurisdiction. The Awardee shall be responsible for its own direct and indirect
costs associated with such enforcement, including attomey'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 III, above_
2. Neither party shall be liable for lost revenues, lost profits, lost program income, or lost
developer fees.
3. Each party shall bear its own attomey's fees and costs.
4. Neither party shall be liable for costs incurred by the other party prior to the execution of this
Agreement.
Page 37
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, that federal, state, and/or County revisions of any
applicable laws or regulations, or increases or decreases in budget allocations make
changes in this Agreement necessary. PHCD shall be the final authority in determining
whether or not funds for this Agreement are available due to federal, state and/or County
revisions of any applicable laws or regulations, or increases in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement beyond the
current Agreement period and will notify the Awardee in writing of the extension. This
Agreement may be extended beyond the initial extension period upon mutual agreement
between the County and the Awardee, upon approval by the County Mayor or Mayor's
designee.
3. The County may, for good and sufficient cause, waive provisions in this Agreement. Waiver
requests from the Awardee shall be in writing. No waiver shall be valid unless in writing and
signed by the County Mayor or Mayor's designee. Any waiver shall not be construed to be
a modification of this Agreement.
4. The County's failure to exercise any of its rights under this Agreement, or the County's
waiver of a provision on 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 retum 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 Agreements 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.
Page 38
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.
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:
COPY TO:
City of Opa-Locka
780 Fisherman Street
Opa-Locka, FL 33054
Attn: Airia Austin, Public Works/CIP Director
Attn:
Page 39
TO COUNTY: Miami -Dade County
111 N. W. 1st Street
Miami, Florida 33128
Attn: Maurice L. Kemp, Deputy Mayor
COPY TO: Public Housing and Community Development
701 NW 191 Court, 14"' Floor
Miami, FL 33136
Attn: Michael Liu, Director
COPY TO: Public Housing and Community Development
701 NW 1st Court, 14th Floor
Miami, FL 33136
Attn: Ronald Williams, PHCD Project Manager
COPY TO: Assistant County Attomey
County Attorney's Office
111 N. W. 1st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman, Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or new
address will be rendered in writing to the other party and said notification attached to originals of this
Agreement.
In the event that any of the information required by the provisions of this Article is changed by either
of the Parties after the execution of 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.
Page 40
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 be, in the performance of all work services and activities under this
Agreement, an independent contractor, and not an employee, agent or servant of the County. All
persons engaged in any of the work or services performed pursuant to this Agreement shall at all
times, and in all places, be subject to the Awardee's sole direction, supervision and control. The
Awardee shall exercise control over the means and manner in which it and its employees perform
the work, and in all respects the Awardee's relationship and the relationship of its employees to the
County shall be that of an independent contractor and not as employees, servants or agents of the
County.
The Awardee does not have the power or authority to bind the County in any promise, Agreement or
representation other than specifically provided for in this Agreement.
S. All Terms and Conditions Included
This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment
Al — Action Steps; Attachment B - Budget; Attachment B -1(J -B) 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) contain
all the terms and conditions agreed upon by the parties; Attachment I — Agreement to Authorize
Examination of Records and Adhere to Records Retention Requirements; Attachment J — Calculation
for Use of Program Income from 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.
T. Conflict
In the event that a conflict arises between any prior funding documents and/or agreements goveming
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
Page 41
those differences. Awardee understands and acknowledges that changes to the Project or Activities
described in this Agreement may not be accomplished by applying for and being awarded
subsequent funds by the BCC. In the event That Awardee applies for and is awarded by the BCC
funding for an additional phase of the same Project, a separate agreement must be negotiated and
executed between the Parties. Under no circumstances shall Awardee assert that a subsequent
application for and award of funds for the same project constitutes and amendment of this
Agreement. Awardee expressly assumes any and all risk of loss or damage associated with a
subsequent application for and award of funds for the same Project where such subsequent
application by Awardee includes terms which conflict with the terms of this Agreement.
U. Interpretation
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein, the singular shall include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or
neuter as the context requires.
V. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation
hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement,
which by nature would continue beyond the termination, cancellation or expiration thereof, shall
survive termination, cancellation or expiration hereof
W. Corporate Govemance
A Not -for -Profit Awardee shall abide by and be govemed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For -Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
X. Miami -Dade County Implementing Order. 10 4-132 will apply to this Agreement. This Implementing
rder requires the County to charge Awardee applicable 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
IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly
authorized, this day of 2020.
AWARDEE: MIAMI-DADE COUNTY
City of Opa-Locka
BY: BY:
NAME: NAME: Carlos A. Gimenez
TITLE: TITLE: Mayor
DATE: DATE:
ATTEST
BY: BY:
NAME: TITLE: Clerk, Board of County Commissioners
TITLE: DATE:
DATE:
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal ID Number:
59-6000394
Resolution #: R-841-19
Awardee's Fiscal Year Ending Date:
CORPORATE SEAL
Page 43
ATTACHMENT A
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
MIAM
COUNTY
FY 2019 Scope of Services
October 1, 2019 through September 30, 2021
Agency Name: City of Opa-Locka
1. - ACTIVITY TITLE:
IDIS #:
RESOLUTION #:
DUNS #:
2. - ACTIVITY DESCRIPTION:
3.
4.
5.
2a — Activity Category.
2b. — Objective:
2c. — Outcome:
- APPROVED BY BCC:
Other Funding Source and Amount
- TOTAL PROJECT COST:
- HUD INFORMATION:
5a. — HUD matrix code:
5b. — HUD Activity Type:
5c. — HUD National Citation
6. - ACCOMPLISHMENTS:
6a. — Number of Units:
6b. — Type:
7. - NATIONAL OBJECTIVE:
Total # of Low/Mod in Service Area:
Census Tract and Block Group:
8.
9.
- ACTIVITY ADDRESS:
- LOCATION:
NRSA (Activity located in):
District (Activity located in):
10. - LABOR STANDARD applicable
Type of Work:
Building
11. Set aside units
12. INSURANCE REQUIREMENTS:
Project Manager. Ronald Williams
0 Residential
Ingram Park Lighting Project
R-841-19
79527757
Renovation and repair of Ingram Park lighting and other park
improvements.
Public Facilities/Capital Improvement
Sustainable Living Environment
Availability/Accessibility
Amount 5179,334.65 (CDBG FY19)
5183,665.35 (City of Opa-Locke)
$363,000.00
03E
LMA
570.208(aX1)
1
Public Facility
950
4.0314
1900 Burlington Street, Opa-Locka, Florida 33054
Opa-Locka
1
different from total units
❑ Highway 0 Heavy
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 additional beneficiaries
proportionate with the amount of Program Income retained.
/2f/202
es McCall, HCD Manager, Community Development
ATTACHMENT A
CDBG Detailed Scope of Services
October 1, 2019 — September 30, 2021
Name of Department:
City of Opa Locka
Activity Title:
Ingram Park Lighting Protect
FY 2019 Funding Amount:
S179,334.65
1. Agency Information:
Provide a brief description of your department.
Public Facility Capital Improvement — Ingram Park Lighting Project
2. Proposed Activity:
Provide a brief description of the proposed activity, including who will carry it out, how low -to -moderate income persons will be
served, and the location of the activity. include the estimated number of clients benefiting from the activity and other
measurable outcomes, if applicable.
For facility improvement or construction activities, please provide a scope of work for each county -owned facility and describe
the type of work to be performed (specify if it is new construction or facility improvements), the location of the site, and who
the facility will serve.
The existing lighting network in Ingram Park was destroyed by hurricane Irma.
The park project will:
• Replace all the lighting fixtures with LED sports lights.
• Replace existing wooden utility poles with concrete poles.
• Upgrade the Control System.
• Provide new conduit for electrical underground service and light fixtures.
The health and vitality of this park is incredibly important to every citizen's quality of life in the region. It will
support jobs and it will increase the surrounding property values.
3. Service Area/Address:
Describe the area to be served by the activity or provide the site address.
Ingram Park
1900 Burlington Street, Opa-Iocka, FL 33054
Revised 9/1/10
Page 1 of 1
ATTACHMENT A-1
CDBG 2019 City of Opa Locka - Ingram Park Lighting
ID
Task Name
Required Resourc e
Ent er In the %
of Task
C omplet ed (as
of t oday)
Enter in the
Start D ate of
Task
C alcul ated End
Date of Task
Notes:
glAllt
a .. g R ' , s` $ . `;1**9
4140' .611 :.` i :? eg:*
ering,k7800
: . AtIM
` ffrit..
r 4064r''r ,litti'+.0.45w �° f 'kMT
1, 1, 1
submit requirec Env romneta Review (ER) form (see
attachment D In the Contract)
Agency
100 .00
1/1/20
7/30/20
1. 1. 2
environmental review process
Environmental Specialist
100.00
7/10/20
8/31/20
1.1. 3
submittal of scope and budget
Agency
100.00
7/10/20
8/7/20
1. 1. 4
scope and budget review by Public Housing and
Community Development (PHCD) Project Manager (PM)
Project Manager
100.00
7/15/20
8/14/20
1.1. 5
prepare and assemble co ntract with Attachments A to H
(24 cfr 92.504)
Pr oject Manager
75.00
8/15/20
8/26/20
1.1.6
submit contract for agency signature to execute
Project Manager
0.00
8/26/20
8/28/20
1.1,7
return signed contract to PHCD for final processing
Agency
0.00
9/4/20
9/9/20
1.1. 8
submit CDBG contract to Miami -Dade Mayor's Office
PM Super visor and PM Manager
0.00
9/9/20
9/16/20
1.1.9
recelve and distribute executed PHCD Contract
Project Manager
0.00
9/16/20
9/18/20
MIIE SlOne KeVfeW
:1‘21.41,t;
rcerye�et en>; r*nase i � � �
,, r: s. •< : F ,
r _
r:
20 OOt
0 .�'� ,
,, r
,
,�.
,
1.2.3
submit required insurance certificate
Agency
0.00
9/21/20
10/1/20
1. 2. 4
submit insurance do cument to Miaml-Dade GSA
Protect Manager
0.00
10/6/20
10/9/20
1. 2. 7
Environment clearance letter
Enviro nmental Specialist
100 .00
8/27/20
9/1/20
1.2.14
Create IDIS nu mber
IDIS Specialist
0.00
9/18/20
9/25/20
1.2. 15
Order project sign
Agency
0.00
10/1/20
10/15/20
Mile ston e Review
14;:e;i�t
,. . .. .:/X.s'S.4. t,},k'
11vg ri :r•�ase;,,* i, { : . i d
.v'r?�.Y.' �' . 'Y, .4e.?4"JZ�kas. P••.f. ��.: ?�iie+r .: �, �Z;. ., '. .: :e ... .: ��� '. r
M - ., ;.' .. r:'.Y. ..
ac tOt�j(�
�F�, `r��i L.i
r c L. .1
> C?� . t. �'
' ,1 r „,p{;o
{i �: ^�d�Sr�:t'�'•�.�as,
I�} f, t vi 5.= 1
F'7"� -:: ye .: ;..., .,'' di
Submit mon+.
y progress re port
Agency
0 .00
10/1/19
12/31/19
su bmit payments request to PHCD- mo nthly basis
Agency
0.00
10/1/19
12/31/19
submit quarterly progress report (Du e no late r than 10
days after the end of the quarter)
Agency
0.00
10/1/19
1/10/20
4th (Oct -Dec 19) Quarter
Submit monthly progress report
Agency
0.00
1/1/20
12/31/20
submit payments request to PHCD- monthly basis
Agency
0.00
1/1/20
12/31/20
submit quarterly progress report (Due no later than 10
days after the end of the quarter)
Agency
0. 00
4/1/20
1/10/21
(Jul -Sept 20), and 4th (Oct -Dec 20)
Quarters
Submit monthly pro gress report
Agency
0. 00
1/1/21
6/30/21
submit payments request to PHCD- monthly basis
Agency
0. 00
1/1/21
6/30/21
submit quarterly progress report (Due no later than 10
days after the end of the quarter)
Agency
0.00
4/1/21
7/10/21
lst (Jan - Mar 21) and 2nd (Apr -Jun)
Quarters
Page 1 of 3
ATTACHMENT A-1
ID
Task Name
Required Resource
Enter in the %
of Task
Complet ed (as
of today)
Enter In th e
Start Date of
Task
Calculated End
Date of Task
Notes:
Submit monthly progress report
Agency
0.00
7/1/21
9/30/21
submit payments request to PHCD- monthly basis
Agency
0.00
7/1/21
9/30/21
Milestone Review
1*:#0
�� 3�!j��@ �y y� � g 7
O # °4 ink f F. r4
��7Y4 .hT!?L:�f �§�':4i 'uC^ .. AT3rFF�W. . ,�� .�
?�,,�Q � @ �
��; a!,3 ?4;<?i a
;'6S£s �; !?h� E-�i'/ '1 Xti3i, . �
.- t
Q 9$t,�
.. * '.: ,�
y 4 ,r
�+ *: :c ;`�"''y+�,��'�
t ,t
'�;?�!?
•�
r -vk;�� �.'
}_
.. . .S�
r .,..; . s- yrr-� i!
kf iA
1. 3.1
RFP package fo r General Contractor (GC)
Agency
100.00
1/2/20
4/27/20
1. 3.2
review GC bid package by Project Manager
Protect Manager
100 .00
1/2/20
5/2/20
1.3.3
review GC bid package by PHCD's C ompliance Unit
Compliance Unit
100.00
1/2/20
5/2/20
1. 3. 4
Bid/RFP opening
Agency
100.00
5/29/20
5/29/20
1. 3.5
Selection/Award
Agency
90.00
6/1/20
7/30/20
'metros)* R eV reW
s
P LV x
A � °�, c�.I� ��r :.. F �� ��''�:� t��'?�s� �:��` ,'�±�
f�i, �. Y' i� .
�4;.• .
�j{, ��°� .''7 , k.. �`�'"� "�?�'�
��J:� + .. � t t
,
Oi0300,��yfi5f'
� re z
r , M �j
is i i•v . � i�./a-}� <'7'
x {
� N � � r.
.. NS,� S TS' ^�, }� �. Y
`.
_ , .
i •11.4,;!�"�
i,
".
1.4. 1
executed GC contract
/kgency
0.00
7/31/20
9/4/20
1.4.3
Review GC contract by Project Manager
Agency
0 .00
8/28/20
9/11/20
1.4.4
Review GC contract by Professional Services Section
Agency
0.00
8/28/20
9/11/20
1.4.5
Give agency written approval for subcontract
Project Manager
0 .00
8/28/20
9/11/20
1.4.6
Check debarment list
Agency / Project Manager
0 .00
6/1/20
9/9/20
1.4.7
Notice to Bidders/Prospective Contractor
Agency
0.00
6/1/20
9/9/20
1.4. 8
Statement of Bidder's Construction experience
Agency
0 .00
6/1/20
9/9/20
1.4. 9
Certification receipt
Agency
0 .00
6/1/20
9/9/20
1.4.10
Insurance Requirements
Agency
0.00
6/1/20
9/9/20
1.4.11
affirmation action standard (24 CFR 92.351)
Agency
0 .00
6/1/20
9/9/20
1.4.12
Certification of Compliance with Part 60-2 Affirmativ e
Actio n Program
Agency
0.00
6/1/20
9/9/20
1.4. 13
Certificatio n Regarding Drug Free Workplace
Agency
0 .00
6/1/20
9/9/20
1. 4. 14
Assurance of Co mpanies
Agency
0.00
6/1/20
9/9/20
1. 4.15
Section 3 Requirements (GC must meet Section 3
Requirements)
Agency
0.00
6/1/20
9/9/20
1.4.16
Section 3 Clause
Agency
0.00
6/1/20
9/9/20
1. 4.17
Payment and Performance Bond
Agency
0. 00
6/1/20
9/9/20
MHestone Rene w
}y �
�i°5"y'-°fi
o Wt199:1 rn ase ... . :� .�.a ,,�s r; r. 5, ;,• a
•��97gir,51�#�JP�L>XkV�S+'Z'<�ew, r.;�"h+ t?� try. �7r>'�'•C�.ni r4.�+"r:A �';t�
,,
.`rYF''u'��' 'Y9i;f'! �?� �� }t�'4�a�' -1.'�.'£
. 3 44 .,
��i?0,�. ,. ,{i��
•1:,
t,,, ,�{ti
•
��+�;n si. i1'ih
g.0', ..; 00444 4.4
�:�
.r.
�. . -. .
-
i ��::. •• }
,. .v . .
1 •
pre construction conference
Agency
0. +
9h1�
19 0
1.5.2
notice to pro ceed
ncy
0.00
9/23/20
10/16/20
1. 5.3
obtain permits
' ,Icy
0.00
10/19/20
11/23/20
''c
4c.�i-`�.
PUpL1 •• A[��L17Y �11PRO NT ON Y ..
�++��,fitT� a� :,1���..ri.. s4�I.'i� 4,: •,z'��L }i'.C�,. ;_? � 4 w,:. :�,51K�)x %.�` vi'�.,7riy,��j�.��e��?F��F,.. .
.br '� r
13., 7's'�l y i''4,..'iil�
i 6
�'�:i �1�'A. 3,7�?l-'a.. }
'k.",,. R`til , _,G.?'9 �;?3bC�
'�
.rss.!^��1F:fi�.'i ,�': li'T.r
r
',dr,
,
� .....:
i . .... .
�. . . :: •i :i,s.:
1. 5.54
Lighting renovation/upgrade
Agency
0.00
10%14/2
SI/it/±1
1.5.57
Other park improvements
Agency
0.00
10/19/20
9/15/21
Page 2 of 3
ATTACHMENT A-1.
ID
T ask Nam e
R equired Res ource
Enter in the %
of Task
Complet ed (as
of today)
Ent er in the
Start Date of
Task
Calc ulated End
Date of Task
Notes:
1.5.58
Davis -Bacon Complaince (weekly certified payrolls)
Agency
0.00
10/19/20
9/30/21
1.5.59
Section 3 reports (monthly)
Agency
0.00
10/19/20
9/30/21
1.5.60
Conduct final inspections
Age ncy
0 .00
8/1/21
9/30/21
1.5. 61
Obtain releases of lien
Agency
0 .00
8/15/21
10/7/21
1,56
ra ctpant ttigto t 8r� �i» t�°, ,>� "a L
xtv �t M . st;' +: _ ti_ . �.�^..,.t h . kt x+;it ,. >' s
Tract
x�y r
.r mQr,, ,a t:. ! . t .' .. , . ;..: . 1,1
y�
61 X -1,SP :Pt !U
ai r.' •,,,s iv t '
on -t '{:t'' t E
{
,imio_ wtem t '' mi n _ oa w ...,,i
1`.6'
Census and Block Group Information
Agency
100.00
7/; 4 / 0
7/ '
Mileston e Revtew
WA
4a� ., f
O W -iii �, �{y,[�4 t*: ?1. 'a . 'P's'.
. �a. w .. %�S't s!i , �.�.. �. .., re... F ..
ie,-- tl� i i i w . �i .L:
. ..: ... . .. . �. .. ..
/� »:.01P�:"i - i
a/' ir. t
'
; m.,4,
hi ... ..1i��
i4 `-k . "'';ii ,
� S��
ltd, u/
ry.
::� '�;i>, ' i� M�s r a;. :7i ii2;4 p.5�e . 1i'.
✓t�1 .G '• .Y G^ NY'T'� f.. '� .
1.��1-��� .'
submit final pro gress repo rt
Agency
t .O
1911
1
1. /.2
submit payment with final release of liens
Agency
0.00
10/1/21
1O/31/21
1. 7.3
final walk thru
All
0.00
9/15/21
9/28/21
1.7.4
Certificate of completion
Agency
0.00
9/15/21
9/30/21
1.7. 5
pro ject completion form
Agency
0.00
10/1/21
10/15/21
1. 7.6
construction close out
All
0.00
10/1/21
10/15/21
1.7. 7
report accomplishment in IDIS
PHCD's compiaince unit
0.00
11/1/21
11/20/21
1.7. 8
submit project close letter to agency
PHCD's compiaince unit
0.00
11/20/21
12/10/21
Milestone Review
ove ra ll Proje ct Pe rcent Comple te
✓ 38 .68
Page 3 of 3
ATTACHMENT B
City of Opa-Locka
Ingram Park Lighting Project
CDBeC2019
October 1, 2019 to September 30, 2021
BUDGET SUMMARY
MAJOR CATEGORIES:
CDBG
NON-PHCD
City Match
TOTAL FUNDING
1. Personnel
$ -
$ -
$ -
2. Contractual Services
$ 1,000.00
$ 2,000.00
$ 3,000.00
3. Operating Expenses
$ -
$ -
$ -
4. Commodities
$ -
$ -
$ -
5. Capital Outlay
$ 178,334.65
$ 181,665.35
$ 360,000.00
FY CDBG
$ 179,334.65
. $ 183,665.35
$ 363,000.00
OTHER FUNDING SOURCES (Non-PHCD):
Opa-Iocka's Safe Neighborhood Account 44-541811
Total
$ 183,665.35
$0
$183,665
1
ATTACHMENT B
City of Opa Locka
Ingram Park Lighting Project
CDBG 2019
October 1, 2019 to September 30, 2021
SUB OBJECT DESCRIPTION
CDBG AMOUNT OTHER AMT TOTAL AMT
20 Contractual Services
Audit External $0.00 $0.00 $0.00
General Uabifty Insurance $0.00 $0.00 $0.00
Auto Liability $0.00 $0.00 $0.00
Other Insurance Expense: $0.00 $0.00 $0.00
Buaders Risk $0.00 $0.00 $0.00
Tide Insurance $0.00 $0.00 $0.00
Construction Project Management $0.00 $0.00 $0.00
Project Sign $1,000.00 $0.00 $1,000.00
Property Maintenance $0.00 $0.00 $0.00
Procurement $0.00 $2,000.00 $2,000.00
Total Contractual $1,000.00 $2,000.00 $3,000.00
90 Capital Outlay
Purchase Price of Land $0.00 $0.00 $0.00
Environmental $0.00 $0.00 $0.00
Site Preparation $0.00 $0.00 $0.00
Prime Contractor -Construction $178,334.65 $181,665.35 $360,000.00
Building Permits $0.00 $0.00 $0.00
Architect Fees $0.00 $0.00 $0.00
Impact Fees $0.00 $0.00 $0.00
Total Capital Outlay $178,334.65 $181,665.35 1360,000.00
TOTALS $179,334.65 $183,665.35 $363,000.00
OTHER FUNDING SOURCES (Non-PHCD):
Opa-tocka's Safe Neighborhood Account 44-541811 $183,665
to
Total $183,665
INDEMNIFICATION AND INSURANCE B -1(J -B)
Grantee 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 Grantee or its employees, agents, servants, partners
principals or subcontractors. Grantee 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. Grantee expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by the Grantee 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 Grantee shall furnish to Miami -Dade County, c/o of Public Housing and Community Development,
701 NW 1' Court, 14th 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 in an amount not less than $1,000,000 per occurrence, and
$2,000,000 in the aggregate. 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 $500,000 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
VII" 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 Insurance Companies Authorized or Approved to Do Business in Florida" issued by
the State of Florida Department of Financial Services.
NOTE: CERTIFICATE HOLDER MUST READ: MIAMI—DADE COUNTY
111 NW 1s' STREET
SUITE 2340
MIAMI, FL 33128
ATTACHMENT B-2 (Non -Housing)
The Awardee may achieve the LMI national obiective by undertaking activities that
fall under one of four (41 primary LMI cagegories:
1. To benefit Low Mod Area (LMA)
For activities designed to meet the LMI national objective category of Low Moderate
Area Benefit (LMA), the Awardee shah ensure and maintain documentation, acceptable
to PHCD in its sole discretion that conclusively demonstrates that each activity assisted
in whole or in part with CDBG funds is an activity that provides benefit to residents in a
particular area, where at least 51% of the residents are LMI persons.
The service area of the activity must be primarily residential and the activity must meet
the identified needs of LMI persons. A service area is considered to meet the test of
being LMI if at least 51% of the persons residing in the service area are low- to
moderate -income, as determined by:
a. the most recently available decennial Census information, together with the
Section 8 income limits that would have applied at the time the income
information was collected by the Census Bureau; or
b. a current survey of residents of the service area.
If the proposed activity's service area is generally the same as a census tract or bock
group, then the Census data may be used to justify the income characteristics of the
area served.
2. To benefit Low Mod Umlted Clientele (LMC)
For activities designed to meet the LMI national objective category of Low Moderate
Limited Clientele (LMC), the Awardee shall ensure and maintain documentation,
acceptable to PHCD in its sole discretion that conclusively demonstrates that each
activity assisted in whole or in part with CDBG funds is an activity in which no less than
51% of the beneficiaries of the activity are LMI persons. Activities in this category
provide benefits to a specific group of persons rather than everyone in an area. It may
benefit particular persons without regard to their residence, or it may be an activity that
provides a benefit to only particular persons within a specific area. With respect to
determining the beneficiaries of activities as LMI and qualifying under the limited
clientele category, activities must meet one of the following tests:
a. Benefit a clientele that is generally presumed to be principally LMI. This
presumption covers abused children, battered spouses, elderly persons, severely
disabled adults, homeless persons, illiterate adults, persons living with AIDS and
migrant farm workers; or
b. Require documentation entation on family size and income in order to show that at least
51% of the clientele are LMI; or
c. Have income eligiility requirements limiting the activity to LMI persons only; or
d. Be of such a nature and in such a location that it can be concluded that clients
are primarily LMI.
3. Low Mod Job Creation or Retention Activities (LMJ)
The job creation and retention Low Moderate Job (LMJ) benefit national objective
category addresses activities designed to create or retain permanent jobs, at least 51%
of which, computed on a full-time equivalent basis, will be made available to, or held by,
Page 1 at 2
LM1 persons. For Awardees undertaking activities to create jobs, there must be
documentation indicating that at least 51 % of the jobs will be held by, or made available
to LMI persons. For Awardees undertaking activities that retain jobs, there must be
sufficient information documenting that the jobs would have been lost without the CDBG
assistance and that one or both of the following applies to at least 51% of the jobs:
a. The job is held by a LMI person; or
b. The job can reasonably be expected to tum over within the following two years
and steps will be taken to ensure that the job will be filled by, or made available
to, a LMI person. For the purpose of determining if the preceding requirements
are met, a person may be presumed to be LMI if:
i. He/she resides in a Census tract/block numbering area that has a 20%
poverty rate (30% poverty rate if the area includes the central business
district); and the area evidences pervasive poverty and general distress; or
ii. He/she lives in an area that is part of a FederaNy-designated Empowerment
Zone (EZ) or Enterprise Community (EC); or
iii. He/she resides in a Census Tractlbbck numbering area where at least 70%
of the residents are LMI.
4. Low Mod Housing Activities (LMH)
The housing category of LMH benefit national objective qualifies activities that are
undertaken for the purpose of providing or improving permanent residential structures
which, upon completion, will be occupied by LMI households. In order to meet the
housing LMI national objective, structures with one unit must be occupied by a LMI
household. If the structure contains two units, at least one unit must be LMI occupied.
Structures with three or more units must have at least 51% occupied by LMI households.
a. Rental buildings under common ownership and management that are located on
the same or contiguous properties may be considered as a single structure.
b. For rental housing, occupancy by LMI households must be at affordable rents as
established annually by the U.S. Department of Housing and Urban Development
(HUD) and consistent with standards adopted and publicized by PHCD.
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 (j).
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 its
compliance with the national objective, and PHCD will have the right to monitor the
activity.
The Awardee shall comply with all applicable uniform administrative requirements as
described in 24 CFR 570.502.
Page 2of2
ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
t9'Pelrto'� ` ,
"� � Jan -Mar] ❑ 2"' Quarter [Apr -Jun] 0 3rd Quarter [Jul -Sept] 0 4th Quarter [Oct -Dec] / Annual Report
SectOjq . Geierai Information
Recipient Name (Organization):
Contact Person (Name & Title): Telephone Number:
Activity Name (Project Title):
Activity Address:
Activity Description:
IDIS #:
Program Income: (if
Funding Source: Funded Amount: applicable) $
Activity Category:
❑ Administration ❑ Capital Improvement 0 Economic Development ❑ Historic Preservation 0 Public Service
❑ Housing 0 Homebuyer Assistance ❑ Tenant -Based Rental Assistance (TBRA) 0 Homeless Housing
Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities
Outcome: 0 Availability/Accessibility 0 Affordability ❑ Sustainability
na iC%aI 1nfot abort At the time:the Awardees has been paid or otherwise received::fifty;
•#emits; the Awardees reporting these expenditures must submit:documeritahor'
respectively, of Ole Activities described herein.
A B C D E
F
G
H
Category
Budget
Budget
Total
Expended
[This Quarter]
Actual
Expenditures
Cumulative
[Through end of
this quarter]
Reimbursed
Cumulative
[Through end of
this quarter]
Cumulative
Percentage
& DJ
Projected
Expenditures
Quarter]
Projected
Cumulative
Expenditures
[By end of contract
Period]
Personnel
$
$
$
$
%
$
$
Contractual
$
$
$
$
%
$
$
Operating
Costs
$
$
$
$
%
$
$
Commodities
$
$
$
$
%
$
$
Capital
Outlay
$
$
$
$
%
$
$
TOTAL
$
$
$
$
%
$
$
Program Income The disposition of Program Income not specifically listed in the approved Program Income
budget requires prior written approval from PHCD.
1. Does this activity generate Program Income? ❑ Yes 0 No
2. If yes, indicate the amount generated this quarter. $
CD/14/51712
1 of 3
won
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION
1. Activity Status: 0 Cancelled ❑ Underway ❑ Completed
2. Environmental Status: ❑ A=Exempt ❑ C=Completed ❑ D=Underway
3. Is this activity still in compliance with the original project schedule? 0 Yes ❑ No
rog0410n-going Activities] ❑ 50% and 70% benchmark
h � 1 `pisment Narrative [Activity Completed]
Check a �e aieiox and reference the Scope of Services, included in your contract, as the basis for ;reporting
' work1h rotgteSS Ar.:a600mpIished in a brief narrative format. j_� Attach Scope of Services j
er 3npporting Efforts
ea, desciipt�on, using quantifiable data, of all other supporting efforts that have begun, partially implemented, or
nng this penod. .
robtems Encountered;
Provide a nef descnption;of any problems or delays encountered during this period or anticipated.
•
ect�nical Assistance
Vtzation has a need or anticipate a need for technical assistance during this period, please describe the
eYassistance required
on erfortnance.Measurement
upplemental: Performance & Benefit Data Report must be submitted if any actual achievements are
�.dunng this m
reporting period and all HOME funded projects must submit applicable activity_set up -form
Accomplishment Type: 0 People [01] ❑ Households [04] 0 Businesses [08] 0 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, LW]
Pie le"orHousehoIdS' Achievements: ❑ Yes ❑ No
I If.j•ceswtat is the accomplishment type? ❑ People -or- ❑ Households
People Households (LMH activities only)
Total People Low / Mod
Total Households Low / Mod Female Headed
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y / N Performance & Benefit Data:
CD/14/51712 Rev 11/14/17
2 of 3
Jobs Created
Signature of Certifying Official:
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
QUARTERLY EXPENDITURE AND PROGRESS REPORT
FY 20
❑ Housing —or— ❑ Public Service & Administration —or— ❑ Capital Improvement & Public Facilities
Housing Units Aehtevements:. 0 Yes ❑ No
Owner Rental Buyer Total
Projected Goal
Actual This Quarter
Actual Cumulative
Supplemental Report Attached Y / N
0 Performance & Benefit Data: Housing
;Achieverments: 0 Yes 0 No
mplishmenttype? 0 Jobs -or- 0 Businesses _...__:_:......__._:._.
Total Job Count Total Weekly Hours
Full -Time (FT) FT Low / Mod Part -Time (PT) PT Low / Mod
Percent
Low 1 Mod Jobs
Projected Goal
Actual This Quarter
Actual Cumulative
Assistance to Businesses Projected Goal Actual This Quarter* Actual Cumulative
New Businesses
Existing Businesses
Total
Supplemental Report Attached Y / N
0 Performance & Benefit Data: Economic Development
PERFORMANCE CERTIFICATION: ❑ 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
certifiication that no accomplishments occurred during this quarter.
CERTIFICATION
This is to certify that the data and other information provided in this Report is correct, based on official accounting
system and records, and that expenditures and obligations shown have been made for the purpose of and in
accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by: Title: Date:
Print Name
Title: Date:
F§6SED
Report ❑ is / ❑ is not complete • Report 0 is / 0 is not accurate
Initial review for completeness and accuracy completed by — Name:
Name: Date:
Supervisor
Activity IDIS Number.
Project Manager
Warning: Title 18, US Code Section 1001, states that a person who knowingly and willingly makes false or fraudulent statements to any Department or
Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request. CD/14/51712
3 of 3
OttAmin
ATTACHMENT C
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBUC 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:
PROJECT TYPE:
❑ Acquisition / Disposition
❑ Clearance / Demolition
❑ Street Improvements
❑ Public Facility / Type:
❑ Building / Type:
❑ Other Capital Improvement /Type:
[indicate below]
Reporting .Period
1s' Quarter [Jan -Mar]
E.
2"° Quarter [Apr -Jun]
•
3`° Quarter [Jul -Sept]
0
4E' Quarter [Oct -Dec] /
Annual Report
❑
ACCOMPLISHMENT UNITS
COMPLETED:
❑ Structures • 0 Parcels
❑ Structures • 0 Parcels
Persons Served • Low/Mod Income
Persons Served • Low/Mod Income
Facilities • Persons Served • Low/Mod Income
Persons Served • Low/Mod Income
# of Structures
# of Parcels
# of Facilities
# of Persons Served
# of Low/Mod Income
PERFORMANCE MEASUREMENT& ACCOMPLISHMENT INFORMATION
Instructions & Applicability: National Objectives include LMA & LMC activities with any 03 matrix code except 3T.
1. Total Persons Assisted for program year.
3. Of the Total Persons, enter the number:
With New Access to this service or benefit
With Improved Access to this service or benefit...
With access to a service or benefit that is No Longer Substandard
Note: This field must equal the number in Total Persons Assisted.
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.
Homeless persons given overnight shelter
Number of beds created in ovemight shelter or other emergency housing
2. Counts by Households (H) or Persons (P):
Number of Persons
Total
Total
NEIGHBORHOOD REVITALIZATION STRATEGEY AREA (NRSA) INFORMATION
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.qov/CommunitvServices/. A copy of the printout must be included with this report
Provide the following information:
NRSA # of Clients Served NRSA
# of Clients Served
1 of 3
CD/15/51712V
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBLIC FACIUTIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
NRSA
Location / Project Address:
Location / Project Address:
# of Clients Served
NRSA # of Clients Served
Street / City / Zip Code —or- Folio Number is there is no street address
Street / City / Zip Code —or- Folio Number is there is no street address
DIRECT BENEFIT DATA: 0 PERSONS —OR— D HOUSEHOLDS
RACE & ETHNICITY.CATEGORY
Instructions: (1) Indicate the total number of persons or households served in each Racial Category for this reporting
period and the cumulative total. (2) From the total number depicted in each Racial Category, indicate the numbers that
are of Hispanic Ethnicity for this reporting period and the cumulative total.
Report Period Totals
Racial Categories
White [11]
Black / African American [12]
Asian [13]
American Indian / Alaskan Native [14]
Native Hawaiian / Other Pacific Islander [15]
American Indian / Alaskan Native & White [16]
Asian & White [17]
Blade / African American & White [18]
American Indian or Alaskan Native & Black /
African American [191
Other / Multi Racial [20]
Race
Total Number
Ethnicity
# Hispanic
Cumulativ_e:1 YTD Totals"
Race. Ethnicity
Total Number # Hispanic.,
Totals
OTHER DIRECT BENEFIT INFORMATION
Report Period Totals
Income Levels
Total Number
Cumulative 1 YTD Totals";
- Total "Number .:
Extremely Low (30% or Tess)
Low (31%-50%)
Moderate (51% - 81%)
Non Low/Mod (81% or greater
Totals
Reporting based on household units only.
Number of Female Headed Households
AREA BENEFIT INFORMATION
Census (C) or Survey (S) Data Used:
Total # of Low/Mod in Service Area:
Percent of Low/Mod in Service Area:
Census Tract: 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:
2 of 3
CD/15/51712V
muthione
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
PERFORMANCE & BENEFIT DATA: CAPITAL IMPROVEMENTS & PUBUC FACILITIES
Supplement to Quarterly Expenditure & Progress Report
FY 20
PART 3 - LEVERAGING OF FUNDS {Other Funding Sources}
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
REQUIRED ATTApJMENTS;[if applicable]:. 1) Certificate of Completion; 2) Printout of NRSA map, if applicable;. 3)1
Documentation of :performance / accomplishments, e.g., new or improved access to services, facility, . or infrastructure
upgrade,'and 4) Dodimentation'asdescribedin the Contract or Scope of Services, or as instructed by the. County. 1
Report Prepared. by: Title: Date:
Print Name
Signature of Certifying Official: Title: Date:
Warning: Title 18, US Code Section 1001, states that a person who knowingly and wdhingly makes false or fraudulent statements to any Department or
Agency of the United States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available in an accessible format upon request CD/15/51712V
3 of 3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
LIMITED INCOME (LMI) LIMITED CLIENTELE (LMC) / LIMITED JOBS (LMJ) / LIMITED HOUSING (LMH)
NAME:
PHONE:
ADDRESS:
ZIP:
Y,
. • .4,�+.._aP':..... . ... .' .. _ ,_ ...:'.'_rM.W's~
'.. ".,�icvn
Gender:
❑ Male
0 Female
Ethnicity:
■
Hispanic
❑ Not Hispanic
Race
(Please check
the race category which applies to you):
❑
White
•
Black/African American
0
American Indian/Alaskan Native
❑
Asian
❑
Black/African American & White
❑
American Indian/Alaskan Native & White
0
Asian & White
❑
Native Hawaiian/Other Pacific islander
■
Other: Mufti Racial
❑
American Indian
or
Alaskan Native & Black/African American
Gender
Age
Employed?
List
Yourself and
all Other Persons Occupying Horne
Relationship
1.
Self _
❑Yes No
2.
❑Yes ■ No
3.
❑Yes No
4.
■Yes No
5.
❑Yes ❑No
6.
❑Yes ❑No
7.
❑Yes ■ No
g
EYes ■ No
INCOME VERIFICATION DATA - u ....___ . ..�. . .-, _
The assistance you receive is determined in part by the size of your household and your income. All income and assets will require
verification before eligibility will be granted. Income includes all money coming into the household from all persons over 18 years old.
Wages, salaries, tips, commissions; Self-employment income; Retirement, Survivor, or Disability pensions; Social Security or
Railroad retirement Supplemental Security Income, Aid to Families with Dependent Children (AFDC), Temporary Assistance to
Needy Families (TANF), Food Stamps, or other public assistance, or public welfare programs; Interest, dividends, net rental income,
or income from estates or trusts; and any other sources of income received regularly, including Veterans' (VA) payments,
unemployment compensation, alimony, and child support must be cilsdosed.
Household Member
Source of Income
Gross Monthly Amount Received
1.
$
2.
$
3. 0
$
4.
$
5.
$
Income Eligibility Acceptable Documentation: Copy of Pay Stubs (from previous employer), Aid to Families with Dependent
Children (AFDC) or Temporary Assistance to Needy Families (TANF) Official Printout/letter, Food Stamp Official Printout/letter,
Letter confirming amount of unemployment benefits received, proof of child support or alimony, proof of SSA/SSI or Veteran's
Benefits, or proof of retirement income. MUST,TI"ACH A,COPY.OF DOCUMEft!IT$ _NQ;E7CGEPTIONIS
I, the undersigned applicant, do hereby authorize to verify my personal records, including
(Name ora9awy)
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 afl information acquired in this regard will remain confidential.
BY MY SIGNATURE, I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE. I AM AWARE THAT IF I MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY
OTHER DOCUMENTATION THAT I PROVIDE FOR PROGRAM ELIGIBILITY, I MAY BE PUNISHED WITH FINES OR
IMPRISONMENT OF UP TO FIVE (5) YEARS, OR BOTH, UNDER SECTION 1001 OF TIME 18, UNITED STATES CODE, AND I
ALSO MAY BE SUBJECT TO CIVIL AND/OR ADMINISTRATIVE PENALTIES AND SANCTIONS.
Signature of Applicant
Page 1 of 2
Date
CD/17/51712N3
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT
GENERAL CDBG INTAKE ELIGIBILITY FORM
CDBG INCOME ELIGIBILITY
24 CFR 570.208
Activity classified under family size and income
24 CFR 570.208(ax_2xiXB)
24 CFR 570.506(b)(3)(iii)
Activity is classified based on income eligibility requirements
that restrict it exclusively to low- and moderate -income persons
24 CFR 570.208(aX2)(iXC)
24 CFR 570.506(b)(3)(iii)
DEFINITIONS 124 CFR 570.3
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 living 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 belowfor 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(ax1) (Area benefit activities), except when the
recipient carries out a survey under 570.208(a)(1Xvi). Activities qualifying under 570.208(aX1) generally must use the area
income data supplied to recipients by HUD. The three definitions are as follows;
(i) Annual income as defined under the Section 8 Housing Assistance Payments program at 24 CFR 813.106 (except that if
the CDBG assistance being provided is homeowner rehabilitation under 570.202, the value 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 a asset
enhancement derived from the CDBG-assisted activity shall not be considered in calculating estimated annual income.
Low- and moderate -income household means a household having an income equal to or less than the Section 8 low-
income limit established by HUD.
Low- and moderate -income person means a member of a 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.
Low-income household means a household having an income equal to or less than the Section 8 very low-income limit
established by HUD.
Low-income person means a member of a family that has an income equal to or less than the Section 8 very low-income
limit established by HUD. Unrelated individuals shall be considered as one -person families for this purpose.
INSTRUCTIONS FOR IMPLEMENTING AGENCY
You must first seek third party verification. This is a verification that is received directly from the source of income. The request can
be by mail, fax, or email. it must be dearly evidenced that it was received from the source.
FY 2020 INCOME LIMITS Effective April 1, 2020
Area Median Income (AMI : $59,100 Please check the a• .ro• 'ate famil
1
❑ 2 ❑
0
0
4 ❑
5 ❑
6
7 ❑
8 0 $44,120 ❑
$19,200
$21;950 ..
$27,.400
$30,680 ❑
$35,160 ❑
$39,640 0
0
$32,000
$36,600
$41,150 ❑
size and income.
$45,700
$49,400 ❑
$53,050
$56,700 ❑
$60,350 ❑
$51,200
158,500
$65,800
$73,100
$78,950
$84,800
$90,650
$96,500
Warning: We 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 Unked States is guilty of a felony. State law may also provide penalties for false or fraudulent statements.
This material is available In an accessible format upon request.
2of2
CD/17/51712N3
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
Agency
Activity Name
Funding Source / Year
Amount /IDIS #
Project Location
LMI Limited Clientele Criteria (Must check one below & Provide documentation as required)
Client Name
❑ 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:
❑ 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) El 0
* Driver License ❑ 0
* 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)
(http:llgisweb.miamidade.gov/CommunityServices/ 0 ❑
1. Biscayne North
2. Cutler Ridge
3. Goulds
4. Leisure City/Naranja
5. Model City
6. Opa-Locka
7. Perrin
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
PHCD SUBMITTAL OF PUBLIC FACILITIES CHECKLIST
0 3. Required Documentation: — Data showing the size and annual income for the family of each person receiving
the benefit and that at least 51% of those served are LMI.
REQUIRED DOCUMENTATION A MUST — NO EXCEPTIONS
* 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
* Proof of Retirement Income (Must be attached for Senior Programs)
*Other Income
Yes No
El
❑❑❑❑❑❑❑ ❑
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
ATTACHMENT D
cW(TY
MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is
to foster the implementation of environmentally compatible activities. As a grant or loan
recipient, Miami -Dade County will not fund projects that will negatively impact clients,
communities, or the environment.
Part I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
❑ CDBG ❑ HOME ❑ HOPE VI
❑ HOMELESS (SRO/SHP) ❑ EDI D NSP
2_ Indicate Fiscal Year. FY 20
3. Name of Subrecipient/Agency:
4_ Name of Proposed Activity:
5. Location (Address with City, ST and Zip) of Activity or Project
6. Site Folio Number(s):
7. Commission District(s):
8. Direct Contact information of loan/grant recipient
Name:
Address:
City:
State:
Zip:
Phone:
Fax:
9. Detailed description of activity or project
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital improvement, Housing, etc.
11. What is the status of activity or project? For example, Pre -Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed, etc.
Part II. PROJECT OUTCOME
Will the activity or project result in the following?
YES'
NO
1. Change in use
2.. Sub -surface alteration (i.e. excavations)
3. New construction
4. Renovation or demolition
5. Site improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, drives, etc.)
6. Building improvements (windows, doors, etc.)
7. Displacement of persons, households or business
8. Increase in population working or living on site
9. Land acquisition
10. Activity in 100 -year floodplain
11. A new nonresidential use generating at least 1,375,000
gallons of water or 687,500 gallons of sewage per day.
12. Use requiring operating permit (i.e. for hazardous waste,
pretreatment of sewage, etc.)
13. A sanitary landfill or hazardous waste disposal site
14. Tree removal or relocation
15. Street improvements
16. The impounding of more than 10 acre feet of water (e.g.
digging a lake or diverting or deepening of a body of water).
Part NI. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed land use:
• Existing?
• Proposed?
2
" D o e s t h e s i t e h a v e a n y k n o w n c o n t a m i n a n t s ?
Q' Y E S Q' N O
" I f t h e r e a r e k n o w n c o n t a m i n a n t s , h a s a P h a s e 1 a u d i t b e e n c o m p l e t e d ? I f y e s , a c o p y
o f P h a s e I E n v i r o n m e n t a l A u d i t c e r t i f i e d t o M i a m i - D a d e C o u n t y m u s t b e s u b m i t t e d t o
d e t e r m i n e t h e l i k e l y p r e s e n c e o f e i t h e r a r e l e a s e o r t h r e a t e n e d r e l e a s e o f h a z a r d o u s
s u b s t a n c e .
Q' Y E S
2 . S i t e P l a n :
Q' N O
D o e s t h e p r o p o s e d a c t i v i t y i n c l u d e a n e w s t r u c t u r e ( s ) o r s i t e i m p r o v e m e n t s o n a s i t e o f o n e
( 1 ) a c r e o r m o r e ?
I D Y E S Q' N O
I f y e s , a s i t e p l a n m u s t b e p r o v i d e d . P r o t e c t ( s ) w i l l n o t b e e n v i r o n m e n t a l l y r e v i e w e d w i t h o u t a
s i t e p l a n .
3 . P h o t o g r a p h s :
D o e s t h e a c t i v i t y i n c l u d e n e w c o n s t r u c t i o n , r e n o v a t i o n o r r e h a b i l i t a t i o n ?
Q' Y E S Q' N O
I f y e s ,
p h o t o g r a p h s m u s t b e p r o v i d e d o f e a c h s i d e ( f r o n t , r e a r a n d s i d e s ) o f t h e s t r u c t u r e ( s )
p r o p o s e d f o r a s s i s t a n c e a n d t h e b u i l d i n g s o n t h e a d j a c e n t l o t s . T h e p h o t o g r a p h s s h a l l b e
i d e n t i f i e d b y a d d r e s s . I n a d d i t i o n , p r o v i d e f o r e a c h e x i s t i n g s t r u c t u r e o n t h e s i t e , t h e f o l l o w i n g
i n f o r m a t i o n :
" E x i s t i n g s t r u c t u r e ( s ) o n s i t e ? Q' Y E S Q' N O
" E s t i m a t e d a g e o f s t r u c t u r e ( s ) ?
4 . V a l u e o f I m p r o v e m e n t s :
D o e s t h e p r o p o s e d a c t i v i t y i n c l u d e r e h a b i l i t a t i o n o r r e n o v a t i o n o f s t r u c t u r e ( s ) ?
Q' Y E S Q' N O
I f y e s , w h a t i s t h e e s t i m a t e d c o s t o f r e h a b i l i t a t i o n o r r e n o v a t i o n ?
W h a t i s t h e a m o u n t s o u g h t f o r f u n d i n g ?
I n a d d i t i o n , i n d i c a t e i f t h e e s t i m a t e d v a l u e o f t h e i m p r o v e m e n t r e p r e s e n t s :
Q' 0 t o 3 9 . 9 p e r c e n t o f t h e m a r k e t v a l u e o f t h e s t r u c t u r e ( s )
Q' 4 0 t o 4 9 . 9 p e r c e n t o f t h e m a r k e t v a l u e o f t h e s t r u c t u r e ( s )
Q' 5 0 t o 7 4 . 9 p e r c e n t o f t h e m a r k e t v a l u e o f t h e s t r u c t u r e ( s )
Q' 7 5 p e r c e n t o r m o r e o f t h e m a r k e t v a l u e o f t h e s t r u c t u r e ( s )
3
Phase 1 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 1 Environmental Audit certified to Miami -Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, 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 1 been performed?
6. Environmental Health Information:
• If a residential site, and the activity includes or involves rehabilitation, has it been inspected
for defective paint surfaces?
❑ YES ❑ NO
❑ 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.
7. Other Site Information:
YES
NO
1.
Flood insurance required?
2.
Public water available on site?
3.
Public sewer available on site?
4.
Children under 6 years of age residing on
site or relocating to site (including day care
facility)?
5.
Hazardous waste disposal facility?
6.
Storage of hazardous materials on site?
7.
Abandoned structure(s) on site?
4
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized
budget describing the major components of the rehabilitation program planned, and a photograph
of the property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I
clearly understand that any omitted and/or incorrect information will delay the initiation of the
environmental review process by the PHCD staff. As such, I am aware that omitted information
could delay the commencement of my organization's project. I understand all approved
environmental reviews are valid for one (1) year maximum.
Print Name
Name of Organization or Corporation
Signature Title
Unless otherwise indicated, return completed form and attachments to:
Project Management Division
Public Housing and Community Development
701 NW 1st Court - 14th Floor
Miami, Florida 33136
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Date
Type of Activity
EXEMPT*
CENST**
LEST`**
EA****
Economic Development
New Construction
Rehab
Non-Construction/Expansion
X
X'
X
X2
Housing
Single Family Rehab
Multi -Family Rehab
New Construction
Homeownership Assistance
Affordable Housing Pre-Dev.
X
X
X
X'
X2
X
Capital Improvement
Handicapped Access
Public Facilities
Infrastructure
X
X'
X'
X2
X2
5
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
X' If for continued use and change in density (or size) of less than 20%
X2 Change in density (or size) of more than 20%
-n
Exempt Exempt Activities
CENST Categorically Excluded and Not Subject to 58.5
CEST Categorically Excluded Subject to 58.5
EA Environmental Assessment (Format 11)
CD/43/31413
6
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
Federal Employer Idenli Gabon Number (FEIN) Dun & Bradstreet Number (D -U -N-5 )
A) Name of Entity, Individual(s), Partners or Corporation B) Doing Business As (If same as line A. leave blank)
Street Address (P.O. Box Number is not permitted)
City State (U.SA) Country Zip Code
1. 1.111401 -DADS COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT •
(See~ 2-8./ of the Il&ami-Dade County Code)
Firms registered to do business with Miami -Dade County, shall require the person contracting or transacting such business with
the County to disclose under oath his or her full legal name. and business address. Such contract or transaction shall also require
the disclosure under oath of the full legal name and business address of all individuals having any interest (legal, equitable.
beneficial or otherwise) in the contract other than subcontractors, materiafrnen, 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
shat be provided for each officer and director and each stockholder hoktng, directly or indirectly, five (5) percent or more of the
outstanding stock in the corporation. If the contract or business transaction is with a partnership, the foregoing information shaft
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 dscbsure requirements shaft not apply to contracts with pubfiidy-
iraded Corporations, or to contracts with the United States or any department or
needed additional the hl nStte or any political
subdivision or agency thereof, or any municipabty of this State. Use duplicate page en
If no officer, director or stockholder owns (5%) or more of stock, please write "None" below.
PRINCIPALS 1 ADDRESS
FULL LEGAL NAM TITLE
•
OWNERS ,
CHECK BOXES BELOW
GENDER
RACE i
ETHNICITY
FULL LEGAL NAME
TITLE
a.
i
m
rc
Iti
0u.
;e
ADDRESS
AI
F
m
a
i
a
_ w m
<7)
.§1
rr
za
o
N a percentage of the rum fs owned by a publicly traded corporation, indicate below in the space Other Corporations'.
OTHER CORPORATIONS
-
Page 1 of 9
C0142131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
2. MIAMI-DADECOUNTY EIMPLOYMENTDISCLOSURE AFFIDAVIT
(County Ordinance No. 9x133 amending Section 28-1 (d) (2) of the Miami -Dade County Code)
The following information is for comp/lance with ail items in the aforementioned Section:
1. Does your firm have a collective bargaining agreement with its employees? Yes
2_ Does your fimi provide paid health care benefits for its employees?
Yes
No
No
3. Provide a current breakdown (number of persons) in your firm's work force indicating race, national origin and gender.
NUMBER OF EMPLOYEES
Males
Females
White
Black
• Hispanic
Asian / Pacific Islander
Native American /Alaskan Native
Other
Total Number of Employees
Total Employees
3. MIAMI-DADE EMPLOYMENT DRUG -FREE WOWO'LACE AFFIDAVIT
(Section 2-81.2(b) of the Miami -Dade County Code)
Al persons and entitles that contract with Marini -Dade County are required to certify that they will maintain
and such persons and entities are required to provide notice to employees and impose sanctions for drug
the workplace.
In compliance with Ordinance No. 92-15 of the Code of Miami -Dade County, the above named firm is
workplace. A written statement to each employee shad inform the employee about
a drug -free workplace
violations occurring in
providing a drug -free
1. Danger of drug abuse in the workplace
2 The firm's polio/ of maintaining a drug -free environment at all work places
3. Avalability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be imposed upon employees for drug abuse violations
The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the
terms of the drug -free workplace 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 action 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 ordnance.
4. MIAMI-DADECOUNTY DISABILITY AND NON-DISCRIMINATION AFFIDAVIT
(Article 1, Section 2-8.1.5 Resolution R-182-00 Amending R-385-95 of the'Miami-Dade County Code)
Finns transacting business with Miami -Dade County shad provide an affidavit indicating compliance with al requirements of the
Americans with Disabilties Act (A.DA).
1, state that this firm, is in compliance with and agrees to continue to comply weir, and assure that any subcontractor, or third party
contractor shalt comply with al applicable requirements of the laws including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access to faaTdies, renovations, and new
construction.
The American wilt Disabilities Act of 1990 (A.DA). Pub. L 101-336, 104 Stet 327, 42 U.S.C. Sections 225 and 611
including Titles 1,11,111, IV and V.
The Rehabrlitabon Act of 1973, 29 U.S.C. Section 794
The Federal Transit Act, as amended, 49 U.S.C. Section 1612
The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631
Page 2 of 9 CD/42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
I, hereby affirm that I am in compliance with the below sections:
Section 2-10.4(4)(a) of the Code of Miami -Dade County (Ordinance No. 82-37), which requires that all properly licensed
architectural, engineering, landscape architectural. and Sand surveyors have an affirmative action plan on fife 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
(5) mffion dollars have an affirmative action plan and procurement policy on file with Af+ami-Dade County. Firms that have a
Board of Directors that are representative of the population make-up of the nation may be exempt.
5 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT
(Section 10.38 of the AGami-Dade County Code)
Furors wishing to do business with Miami -Dade County must certify that it's contactors, subcontractors, officers, principals,
stockholders, or affiliates are not debarred by the County before submitting a bid.
I, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiiates are debarred by Miami -
Dade County.
6. MIAMI-DADE COUNTY AFFIDAVIT RELATING TO INDIVIDUALS AND EN7777ES ATTESTING BEING CURRENT IN THEIR
OBLIGATIONS TO MIAMI-DADECOUNTY
(Ordinance 99-162 amending Section 2-8.1; Ordinance 00-30, amending Section 2-8.1 (c). and Ordnance 00-67, amending 2-8.1
(h), of the Miami -Dade Courtly 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, confimn that ad delinquent and currently due fees or taxes including, but not limited to, real and personal property taxes,
convention and tourist development taxes, utility taxes, and Local Business Tax Receipt collected in the normal course by the
h€amr-Dade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firm, have
been paid.
7. MIAMI-DADE COUNTY CODE OF BUSINESS ETHICS AFRDAVIT
(Article 1. Section 2-8.1(r) of the Miami -Dade County Code through (6) and (9) of the County Code and Courtly Ordinance No 00-1
amending Section 2-11.1(c) of the County Code)
Finis 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 (Trip of Business Ethics shall apply to all business that the contractor
does with the County and shall, at a minirnum; require the contractor to comply with al applicable governmental rules and
regulations.
I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2-8.1 of the
County Code. and that such code of business ethics shalt apply to al business that this firm does with the County and shall, at a
minimum, require the contradorto comply with all applicable governmental rules and regulations.
8. MIAMI-DADE COUNTY FAMILY LEAVE AFFIDAVIT
(Artikye V of Chapter 11, of the Miami -Dade County Code)
Firms contracting business with Miami -Dade County, which have more than fifty (50) employees for each working day during
each of twenty (20) or more work weeks in the current or preceding calendar year. are required to certify that they provide family
leave to their employees.
Firms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter
(signed by an authorized agent) that it does not have the minimum number of employees required by the County Code.
I confirm that ti applicable, this firm complies with Article V of Chapter 11 of the County Code, which requires that funs
contracting business with Miami -Dade County which have more than My (50) employees for each working day during each d
twenty (20) or more work weeks in the current or preceding calendar year are required to certify that they provide family leave to
Page 3 of 9 CD/42/31413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
their employees.
9. MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Section 2-8.9 of the of the Mkami-Dade County Code)
All applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this
section of the County Code.
I confirm that if applicable, this firm complies with n 2-8.9 of the County Code, which requires that all applicable employers
entering a contract with hrwmi-Dade County shall pay the prevailing living wage required by the section of the County Code.
10. MIAMI-DADECOUNTYDOMESTIC LEAVE AND REPORTING AFFIDAVIT
(Article 8, Section 11A-60 — f IA -67 of the of the Miami -Dade County Code)
Firms wishing to transact business with Miami -Dade County must certify that it is in compliance with the Domestic Leave
Ordinance_
I oonfmi that if applicable, this firm complies with the Domestic Leave Ordinance. This ordinance apples 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. MIAMI--DADE COUNTY CRAM:NAL 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
not as of this date been convicted of a felony during the past ten (10) years.
(Signature)
Swom to and subscribed before me this day of , 20
Personally known
Or produced identification Notary Public -State of
My commission expires
(Type of identification)
(Printed, typed or stamped commissioned name of notary public)
Page 4 of 9 CD/42/31413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1.- This form statement is submitted to
by
(Print individuals name and title)
for
(Print name of entity submitting swom statement)
whose business address is
and if applicable its Federal Employer Identification Number (FEIN) is . If the entity
has no FEIN, include the Social Security Number of the individual signing this sworn statement.
2.- 1 understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes, means a
violation of any state or federal law by a person with respect to, and directly 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 or political subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misinterpretation.
3.-1 understand that `convicted' or 'conviction* as defined in Paragraph 287.133 (1)(b), Florida Statutes, means
a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in a federal or
state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result
of a jury verdict, non -jury trial, or entry of a plea of guilty or nolo contendere.
4.- I understand that an "Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means:
a) A predecessor or successor of a person convicted of a public entity crime or;
b) An entity under the control of any natural person who is active in the management of the entity and who
has been convicted of a public entity 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.- I understand that a "person' as defined in paragraph 287.133 (1)(e), Florida Statutes, means any natural
person or entity organized under the laws of any state or of the United States within the legal power to enter
into a binding contract and which bids or applies to bid on contracts for the provision of goods or entity. The
term 'person' includes those officers, executives, partners, shareholders, employees, members, and agents
who are active in management of an entity.
Page 5 of 9 CD/42/31413
kia40
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
6.- Based on infomation and belief, the statement which I have marked below is true in relation to the entity
submitting this swom statement. (Please indicate which statement applies)
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 swom 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 swom 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 swom
statement on the convicted vendor list (attach a copy of the final order).
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 1 AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT
FLORIDA STATUTES FOREA CATEGORY TWO OF ANYTHRESHOLD PROVIDED CHANGE IN THE INFORMATION CONTAINED IN
THIS FORM.
(Signature)
Sworn to and subscribed before me this day of , 20
Personally known
Or produced identification Notary Public -State of
My commission expires
(Type of identification)
(Printed typed or stamped corrunissioned name of notary public)
Page 6 of 9 CD/42131413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (P ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1.- Do you have any past due financial obligations with Miami -Dade County?YES NO
Single Family House Loans
Multi -Family Housing Rehab
CDBG Commercial Loan Project
U.S.HUD Section 108 Loan
Other HUD Funded Programs
Other (liens, fines, loans, occupational licenses, etc.)
If YES, please explain:
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 elm Miami -Dade County
official, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory
YES NO
If YES, please explain:
Any false information provided on this affidavit win be reason for rejection and disqualification of your project -funding request to Miami -Dade
County
The answers to the foregoing questions are correctly stated to the best of my knowledge and belief.
By
(Signature of Applicant) (Date)
Sworn to and subscribed before me this day of
20
Personally known
Or produced identification Notary Public -State of
My commission expires
(Type of identification)
(Printed, typed or stamped convrassioned name of notary public)
Page 7 of 9
C0142(31413
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
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 who being duly
(insert name of affiant)
swom 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
1 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 company or the principals thereof of one (1) bidder or proposer have a
direct or indirect ownership interest in another bidder or proposer for the same agreement Bids or
proposals found to be collusive shall be rejected.
BY:
20
Signature of Affiant Date
/ / / l 1 / 1 1
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Firm
Address of Firm
Page 8 of 9 CO142131413
cZ0
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT E
AFFIDAVITS
Uniform Affidavits
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20�
He/She is personalty known to me or has presented as
identification. Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public — State of
Notary Seal
Page 9 of 9 CD142131413
Miami -Dade County
Contractor Due Diligence Affidavit
Per issioners (Board) Resolufion No. R-63-14, County Vendors and
ors shall disclose the following
Miami-Dade
award for contract that of County exceeds t
one million dollars ($ 0 0 must000) or that otherwise be presented to the Board for
as a co ition approval
(1) Provide a list of all lawsuits in the five (5) years prior to bid or proposal submittal that have been filed against the firm, is directors, partners,
principals andlor 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;
Provide a 4 of any instances in the five (5) years prior fo bid or proposal submittal where the firm has been debarred Of 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 shat be attached to the executed affidavit and submitted to the Procurement Contracting Officer (PC0)/ AE Selection
Coordinator overseeing this solcilation_ The Vendor/Contractor attests to providing all of the above information, if applicable, to the PCO.
(3)
Contract No. :
Contract Title:
Federal Employer
Identification Number (FEIN):
Printed Name of Affiant
Printed Title of Affont Signature of Affiant
Name of Firm
Address of Firm
Date
Slate Zp Code
Notary Public Information
Notary Public — State of County of
Subscribed and swom to (or affirmed) before me this day of, 20
by
Type o( identification produced
He or she is personally known to me 0 or has produced idenlification
Signature of Notary Public
Print or Stamp of Notary Public
2/2014
Sena) Number
Expiration Dale Notary Public Seal
MIAMI QADE
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ETHICS COMMISSION DISCLOSURE STATEMENT FOR All. PHCD PROGRAMS
Applicant:
Co -Applicant:
In accordance with Section 2-111 Subsection (c), and (d) of the Miami -Dade County Conflict of Interest
and Code of Ethics Ordinance, covered persons defined under 2-11.1(13) 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:
Uwe do not currently work for Miami -Dade County (no additional action is required).
Uwe amlare a School Board or Federal Employee_ These employees are not covered under
SecSon 2-11.1 of the Abaml-Dade County Conflict of Interest and Code of Ethics Ordinance (no additional
action is required).
❑ Uwe am/are an appointed or elected County Official (Ethics Opinion must be sought -
http://ethics.miarnidade.gov/frequently-usecl-fonns.asp)
❑ Uwe amlare a Miami -Dade County Employee (Ethics Opinion must be sought -
httpl/ethits.miamidade.govAiequenly-used-forms.asp).
. Please provide the department and division name below:
❑ Uwe am/are 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-http://ethics.miamidada.gov/Trequently-used-fomns•asp)•
• Please provide the following information regarding the County employee, appointed or elected
official:
Name of employee,
appointed or elected
official:
Department,
Division. or Board:
Signature of
Applicant
Signature of
Co -Applicant
Date:
Warning: Title 18, US Code Sector 1001, states that a person who knowingly and wriffncgly makes false or fraudulent statements fo any Department or
Agency of the Untied States I gully of a felony. State law may also provide penalties for false or fraudulent statements.
ALCIAM/CArCDI1162414N
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8.1 (c) of the Code of Miami -Dade County, as amended by Ordinance No. 00-30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h) of the Code of Miami -Dade County, as amended by Ordinance No.00-67)
, being first duly sworn, 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 (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 direct or
indirect interest of ten percent or more in a firm, partnership, or other business entity.
By: , 20
Signature of Affiant Date
/ / / 1 1 1 1/ 1 1
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Firm
Address of Firm
SCRIBED AND SWORN TO (or df hlnied) before me this day of , 20
By . He/She is personally known to me or has presented
as identification.
Type of Identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public —State of Notary Seal
CERTIIt'1CATION REGARDING LOBBYING
Certification for Confracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the lest of his or her knowledge audbelief, that
L :No Federal appropriated finds have been paid or will be paid, by or on. behalf of the
• • nndersi ned, ID 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 Metiaber of Congress in connection with the awarding of any
Federal contract, the making of any Federal gram the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or moqfiration of any Federal contract, grant, loan, or
cooperative agreement.
2. If any of the finds other than Federal appropriated fimas 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, err an
employee of a Member of Congress in connection wfth 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
• instrnctions-
3.. The undersigned 'shall require that the language of this certification be included in
lire award documents for all subawards at all tiers (including subcontracts, subgraats;
- . and contracts under grants, loans, and cooperative agreement in excess of $100,09) -
.sad that all snbrecipieott shall certify and disclose accordingly. -
- 4. This certification is a matraial representation of fact upon which reliance was placed
when this'transactian was made or entered into. Submission of Ibis certification is a
prerequisite for rnalcing or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification 41211 be
subject to a civil penalty of.not less than. S10,000 and not more than $100,000 for
each such failure.
•
B9=
(Sigaahve of Authorized Representative)
• Print:
(Priattiame (Je RI -at and Aatlitaintd Representative)
YrtIc
Dec
ATTACHMENT F
County Construction Sign
NEW SIGN REQUEST FORM
❑ GOB ❑ NON GOB
STANDARD 4' X 8' CONSTRUCTION SIGN
In Ground 1 Sided
In Ground 2 Side
A -Frame 1 Sided
A -Frame 2 Sided
MODIFIED 2' X 3' CONSTRUCTION SIGN
Portable A -Frame
Quantity required
This Form to be Emailed to:
Makingston Cherranakin@miamidade.gov
and Heenan Lope= b miamidadergov
__+orer Jce A. Martinez
Sign is 4' X 8' with 12' post
• Projgct Manager to mark location of
sign(s) on site.
• Installer to call Sunshine 811 or 1-800-432-4700
for underground Inspection before digging.
Service Ticket #
Index code
GOB Capital Project Number
Project Name
Project Number.
Estimated Project Completion Date (mm/dd/yyyy)
Project Manager
Name-
Department-
Address -
Phone Number. -
District Commissioner
Funding Source Logo(s) (3 Max)
Sign location address
Plus specific location of sign placement
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
(Ordinance 97-35)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami -Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
1 hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title: Date:
Firm Name: Fed. ID No:
Address:
City: State: Zip Code:
Telephone: ( ) Fax U
CD/39/31313
ATTACHMENT H
PUBUC HOUSING AND COMMUNITY DEVELOPMENT (PHCD)
SUBCONTRACTOR/SUPPUER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed
by the developers on County contracts for purchase of supplies, materials or services, including professional
services which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of $100,000 or more. This tom), 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 it s�iaO-es where
no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract
shall not change or substitute first tier subcontractors, direct suppliers or the portions of the contract work to
be performed, or materials to be supplied from those identified, except upon written approval of the County.
I certify that the representations contained in this Subcontractor/Supplier listing are to the best of my knowledge
true and accurate.
Signature Developer(s) Print Name
Date
Print Title
Authorized Representative
(Duplicate if additional space is needed)
Page 1 of 1
CD153131413N
ATTACHMENT 1
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 and/or for all other third -party agreements/contracts for labor, materials,
and services related to the work covered by this agreement for the
project/activity.
The undersigned shall ensure, and shall require all parties with whom it contracts to ensure, that Miami -Dade
County, the Department of Housing and Urban Development, or Comptroller General of the United States, or
any of their duly authorized representatives shall, have access to and the right to examine any of the following
records from the awardee, sub -recipient, developer, contractor, subcontractor, suppliers and/or any other
entity involved in any capacity in the above -referenced project/activity, for seven (7) years after final payment
under contract. Records shall include, but are not limited to, the following:
Contracts, sub -contracts, 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 retention
requirements:
a) Maintain, and require that its sub -contractors and suppliers maintain complete and accurate records to
substantiate compliance with the requirements set forth in the contract/agreement documents for this
project.
b) The undersigned shall retain such records, and all other documents related to the services and
materials furnished for this project, for a period of three (3) years from the completion of the activity or
project.
Other information:
a) The County may conduct unannounced visits to offices, satellite offices, work sites, supplier
warehouse, etc. of all entities involved in any capacity in the above -referenced project.
b) Pursuant to the contract, there may be additional records requirement not listed in this agreement.
Entity Name: Employer ID #/FID #:
Full Address (including City, ST and Zip) and Email Address
Signature:
Print Name:
Date:
Title:
Check one, as applicable£,,
_ Developer
Sub -contractor or sub -tier sub -contractor
Prime -Contractor
Other (specify)
This material is available in an accessible format upon request. CD/61/31616
Public Housing and Community Development
Attachment J
Community Development Block Grant (CDBG) Program
Not Applicable