HomeMy Public PortalAbout21-9932 MDc Community Block Grant for Drainage and Roadways ImprovementsSponsored by: City Manager
RESOLUTION NO. 21-9932
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT
GRANT FUNDING FROM THE MIAMI DADE COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") FUNDING, IN THE
AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS ($500,000), FOR
ROADWAY AND DRAINAGE IMPROVEMENTS RELATED TO NW 131
ST STREET (BETWEEN NW 31ST AND NW 32ND AVENUES); FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT 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 Program (CDBG) 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 Miami Dade County Public Housing and Community Development
(PHCD) Department administers the Miami -Dade County entitlement's Community
Development Block Grant Program; and
WHEREAS, the Roadway and Drainage Improvement Project for NW 131st Street
from NW 31st to NW 32nd Avenues is listed as Project No. 25 of the FY 2020-2024
Consolidated Plan and the FY 2020 Action Plan of Miami -Dade County and was
approved by the Board of County Commissioners of Miami Dade County (BCC) by
Resolution No. R-1118-20, with funding recommendations for the Community
Development Block Grant. CDBG has allocated Five Hundred thousand Dollars and
Zero Cents ($500,000.00) to provide funding for the roadway and drainage improvement
to NW 131st Street between NW 31st and NW 32nd Avenues; and
WHEREAS, the City is required to execute a Community Development Block Grant
Contract between Miami -Dade County and the 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 interest of the City and its
residents to accept the terms, conditions and funds of the Miami -Dade County
Community Development Block Grant (CDBG), totaling Five Hundred Thousand
Resolution No. 21-9932
Dollars and Zero Cents ($500,000.00), to provide roadway and drainage improvement to
NW 131st Street between NW 31st and NW 32nd Avenues and execute the attached
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:
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 and
conditions of funding from Miami -Dade County related to the Community Development
Block Grant (CDBG) funding in an amount totaling Five Hundred Thousand Dollars
($500,000.00), to provide roadway and drainage improvement to NW 131st Street
between NW 31st and NW 32nd Avenues and further authorizes the City Manager to
execute the Grant Agreement between Miami -Dade County and the City of Opa-Locka.
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 10th day of Nove her, 2021.
ATTEST:
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Bur a• -tte Norris- eeks, P.A.
City Attorney
Ve oriJ a 1. William , Vice Mayor
2
Resolution No. 21-9932
Moved by: Commissioner Davis
Seconded by: Commissioner Taylor
VOTE: 4-0
Commissioner Bass YES
Commissioner Taylor YES
Commissioner Davis YES
Vice -Mayor Williams ABSENT
Mayor Pigatt YES
3
City of Opa-locka
Agenda Cover Memo
Department
Director:
Airia Austin
Department
Director
Signature:
d ..,.. --'�
City
Manager:
John E. Pate
CM Signature:
Commission
Meeting
Date:
11/10/2021
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
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Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept.)
Ex:
See Financial
Impact Section
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
(Enter X 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
MI
si
NI
Image •
IM
Sponsor
Name
City Manager
Department:
City Manager
Short Title:
ACCEPTANCE OF GRANT FUNDING FROM MIAMI DADE COUNTY PUBLIC HOUSING AND COMMUNITY
DEVELOPMENT DEPARTMENT FOR THE ROADWAY AND DRAINAGE IMPROVEMENT OF NW 131ST ST.
Staff Summary:
A resolution of the City Commission of the City of Opa-locka authorizing the City Manager to accept
Grant Funding from Miami Dade County Public Housing and Community Development Department
in the amount of Five Hundred Thousand Dollars ($500,000.00) for roadway and Drainage
Improvements related to NW 131st Street (between NW 31st and NW 32nd Avenues); and further
authorizes the City Manager to execute the Community Development Block Grant contract between
Miami Dade County and the City of Opa-locka.
The Community Development Block Grant Program (CDBG) was authorized by the Housing
Community Development Act of 1974, as amended, with the primary objective of promoting the
development the development of viable urban communities; and Miami Dade County Public Housing
and Community Development (PHCD) Department administers Miami Dade County entitlement
funds for the Community Development Block Grant Program.
The Roadway and Drainage Improvement Project for NW 131st Street from NW 31St to NW 32nd
Avenues is listed as Project No. 25 of the FY 2020-2024 Consolidated Plan and FY 2020 Action Plan
of Miami -Dade County and was approved by the Board of County Commissioners of Miami Dade
County (BCC) with Resolution No. R-1118-20, with funding recommendations for Community
Development Block Grant. CDBG has allocated Five Hundred Thousand Dollars and Zero Cents
($500,000.00) to provide funding for the Roadway and Drainage Improvement to NW 131St Street
between NW 31St and NW 32nd Avenues.
The City is required to execute a Community Development Block Grant contract between Miami Dade
County and the City of Opa-locka in order to accept the terms and conditions of the award, in addition
to the award funds.
Financial Impact - The design phase of the NW 131St Street drainage project has been budgeted at
$188,992 with the grant funding from Miami Dade County Public Housing and Community
Development, which authorized to fund this phase.
Proposed Action:
Staff recommends acceptance of Miami Dade County Public Housing and Community Development
grant funding for $500,000 for the Roadway and Drainage Improvement of NW 131st Street (between
NW 31st and 32nd Avenues.
Attachment:
1. Agenda
2. MDC/Memorandum for R-1118-20 approving the FY 2020-2024 Consolidated Plan and the
FY 2020 Action Plan with funding recommendations for CDBG
3. Contract Agreement between Mimi Dade County and The City of Opa-locka
OFFICIAL FILE COPY
CLERIC OF THE BOARD
OF COUNTY COb.LMISSIONERS
NMLA3.111-DALE COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
FROM: Abigail Price -Williams
County Attorney
Amended
Agenda Item No. 14(A)(10)
DATE: October 22, 2020
SUBJECT: Resolution approving, after a public hearing, the Fiscal
Years (FY) 2020-2024 Consolidated Plan and FY 2020
Action Plan with funding recommendations for
Community Development Block Grant (CDBG), CDBG
program income, HOME Investment Partnerships
(HOME) Program, Home Program Income and
Emergency Solutions Grant (ESG) Program Funds for
submittal to the United States Department of Housing and
Urban Development (U.S. Hud); approving the
bifurcation of the Public Housing and Community
Development Citizen Participation Plan within the
Consolidated Plan and the Community Action and Human
Services Department's Citizen Participation Plan;
approving a Substantial Amendment to the FY 2013-2017
Consolidated Plan, as extended through 2019, and the FY
2017 - 2019 Action Plans for CDBG, ESG and CDBG-
CV funds made available by the 2020 Coronavirus Aid,
Relief, and Economic Security Act (CARES Act);
approving payment of the 2020 financial obligation to
U.S. HUD for Section 108 loan debt; rescinding
Resolution Number R-596-12 and approving a
prospective policy for Consolidated Plan years 2020 to
2024 to require that all allocations be based on
Consolidated Plan priority needs and goals throughout the
County; approving a policy to restrict any new CDBG
public facility or capital improvement project in the 2020-
2024 Action Plans to no more than 20 percent of the
Action Plan year's annual CDBG allocation in years when
the overall unspent balances on open public facility and
capital improvement projects are more than 40 percent of
the overall unspent CDBG balance; approving a third
contract extension for the Sundari Foundation, Inc., d/b/a
Lotus House Women's Shelter 2017 Emergency Solutions
Grant tenant based rental assistance activity; and
authorizing the County Mayor to execute all standard
shell contracts, amendments, standard shell loan
documents, conditional loan commitment letter and other
agreements necessary to accomplish the purposes of this
resolution, to subordinate and/or modify agreements
approved herein in accordance with conditions set forth
herein; and to exercise the termination and other
provisions contained therein
Resolution No. R-1118-20
The accompanying resolution was prepared by the Public Housing and Community Development Department and
placed on the agenda at the request of Prime Sponsor Housing, Social Services and Economic Development
Committee.
APW/uw
Abi.'' --Williams
County A S.rney
MIAMI DADS
Memorandum co�N
Date:
To:
From:
Subject:
October 22, 2020
Honorable Chairwoman Audr-y . ' . Edmonson
and Members, Board ; j t ommi • ers
Carlos A. Gimenez
Mayor
Resolution Approving the FY 2020-2024 Consolidated Plan and FY 2020 Action
Plan with Funding Recommendations for Community Development Block Grant
(CDBG) and CDBG Program Income, Home Investment Partnerships (HOME)
Program and HOME Program Income, and Emergency Solutions Grant (ESG)
Program Funds; and Approving a Substantial Amendment to the FY 2013-2017
Consolidated Plan, as extended through 2019, and the 2017-2019 Action Plans for
CDBG, ESG, and CDBG-CV Coronavirus Aid, Relief and Economic Security
(CARES) Act funds
RECOMMENDATIONS
It is recommended that the Board of County Commissioners (Board):
1. Approve the Miami -Dade County FY 2020-2024 Consolidated Plan (Consolidated Plan or Plan),
which includes the Citizen Participation Plan, attached as Exhibit 1, and authorize the County
Mayor or County Mayor's designee to submit the approved FY 2020-2024 Consolidated Plan to
the United States Department of Housing and Urban Development (U.S. HUD).
2. Approve the bifurcation of the Public Housing and Community Development (PHCD) Citizen
Participation Plan (CPP) within the Consolidated Plan and the Community Action and Human
Services Department's Citizen Participation Plan for Community Services Block Grant (CSBG)
funding. The Community Action and Human Services Department will bring subsequent
legislation to the Board to request approval of their citizen participation plan.
3. Approve the FY 2020 Action Plan for annual submission to U.S. HUD, including the FY 2020
funding recommendations, as identified in Exhibit 2, consisting of $11,261,380.00 of Community
Development Block Grant (CDBG) Program funds plus CDBG Program Income of
$5,492,434.00, $4,962,281.00 of HOME Investment Partnerships (HOME) Program funds plus
HOME Program Income of $1,644,775.56, and $1,127,686.00 of Emergency Solutions Grant
(ESG) Program funds. The FY 2020 Action Plan includes Commission District Fund (CDF)
funding recommendations for public service and housing rehabilitation activities.
4. Approve a Substantial Amendment to the FY 2013-2017 Consolidated Plan, as extended through
2019, and the 2017-2019 Action Plans for the recapture and reallocation of $152,743.98 of
CDBG, $686,754.00 of ESG funds and $2,186,466.40 of CDBG-CV, Coronavirus Aid, Relief
and Economic Security (CARES) Act funds with the recommendations as identified in Exhibits
3-6.
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 2
5. Approve the payment of the 2020 financial obligation to U.S. HUD of $2,129,053.07 for Section
108 loan debt.
6. Rescind Resolution No. R-596-12, requiring that CDBG funds be directed to Neighborhood
Revitalization Strategy Areas, which are eliminated in the proposed Consolidated Plan, and
approve a prospective policy for Consolidated Plan years 2020 to 2024 to require all allocations
be based on meeting Consolidated Plan priority needs and goals throughout the County; and
require all the funding recommendations in Action Plan years 2020 to 2024 be based on funding
projects that are timely and meet U.S. HUD spending ratio requirements and national objectives.
7. Approve a policy to restrict any new CDBG public facility and/or capital improvement project in
the 2020-2024 Action Plans to no more than 20 percent of the Action Plan year's annual CDBG
allocation in years when the overall unspent balances on open public facility and capital
improvement projects are more than 40 percent of the overall unspent CDBG balance. An
exception to this policy may only be used when deemed in the best interest of the County, such
as projects related to the County's housing crisis, and County/municipal partnership projects
including but not limited to County sustainability programs.
8. Approve a third contract extension until December 31, 2020 for the Sundari Foundation, Inc.,
doing business as Lotus House Women's Shelter, 2017 Emergency Solutions Grant activity for
the provision of tenant -based rental assistance services.
9. Authorize the County Mayor or County Mayor's designee to execute all conditional loan
commitments, standard shell contracts, standard shell loan documents, amendments, and other
agreements necessary to accomplish the purposes of this resolution; to subordinate and/or modify
the terms of contracts, agreements, amendments, and loan documents for projects and activities
approved herein, so long as such modifications are: (1) approved by the County Attorney's Office
for legal form and sufficiency, (2) not substantially inconsistent with this resolution, and (3) found
by the County Mayor or County Mayor's designee to be in the best interest of the County; to
execute other documents necessary to accomplish the purposes set forth in this resolution; and to
exercise the termination, waiver, acceleration, and other provisions set forth in agreements
executed in performance of this resolution.
SCOPE
Exhibit 2 summarizes the proposed CDBG, HOME, and ESG funding recommendations for FY 2020
and the Commission districts to be served. The projects are countywide in nature which includes all
Commission districts.
Exhibits 3 through 6 summarize proposed Substantial Amendments to the FY 2017-2019 Action Plans
and the corresponding FY 2013-2017 (as extended through 2019) Consolidated Plan to recapture and
reallocate CDBG, ESG and CARES Act funds.
FISCAL IMPACT/FUNDING SOURCE
The FY 2020 allocations are comprised of $11,261,380.00 of CDBG funds, $5,492,434.00 in CDBG
program income, $4,962,281.00 of HOME funds, $1,644,775.56 of HOME program income, and
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Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 3
$1,127,686.00 of ESG funds, described as follows in Tables 1 through 4. The allocations of these federal
funds have no negative fiscal impact on the County's General Revenue fund.
TABLE 1: FY 2020 Federal Fund Sources
Community Development Block Grant (CDBG)
$11,261,380.00
CDBG Program Income
$5,492,434.00
Home Investment Partnerships (HOME) Program
$4,962,281.00
Home Investment Partnerships (HOME) Program Income
$1,644,775.56
Emergency Solutions Grant (ESG)
$1,127,686.00
Total
$24,488,556.56
Section 108 Loan Program
The Board adopted Ordinance No. 99-94 which authorized the submission of an application to U.S. HUD
for the Section 108 Loan Program. The $40 million Section 108 Loan Program was used for the sole
purpose of creating a revolving loan fund for small businesses located in the targeted urban areas (TUAs).
Pursuant to U.S. HUD requirements, the County pledged its future CDBG entitlement grant awards as
collateral for the repayment of Section 108 debt as noted in the County's contract with U.S. HUD in
Section 5, as required by 24 Code of Federal Regulations (CFR) §570.705.
Currently, the County has an outstanding financial obligation, in the amount of $11,385,000.00, to U.S.
HUD caused by projects that failed to make loan payments needed to meet the County's Section 108 loan
payments. In particular, the current repayment amounts are not sufficient to cover the bi-annual interest
and annual principal payments due to U.S. HUD for the Section 108 loan. Therefore, the County must
utilize FY 2020 CDBG funds to meet its fmancial obligation to U.S. HUD. For FY 2020, the fmancial
obligation of $2,129,053.07, as shown in Exhibit 2, is due to U.S. HUD for the Section 108 Program
loan.
TRACK RECORD/MONITORING
The CDBG, HOME, and ESG activities will be monitored by Michael Liu, Director, PHCD. Through
the review of quarterly progress reports and monitoring site visits, PHCD will administer these projects
to ensure compliance with federal guidelines and County policies.
BACKGROUND
Miami -Dade County is required to submit a consolidated plan to U.S. HUD in accordance with the
Consolidated Submissions for Community Planning and Development programs, found in Title 24 of the
Code of Federal Regulations Part 91. PHCD, which is Miami -Dade County's lead agency for
coordination of the consolidated plan, follows the required rule of a single consolidated submission for
the planning and application aspects of the federal CDBG, HOME, and ESG programs. The Housing
Opportunities for People with Aids (HOPWA) program is administered by the City of Miami and,
therefore, is not addressed in this document.
The Consolidated Plan will cover the five-year period of January 1, 2020 through December 31, 2024.
The last approved consolidated plan was for the period from FY 2013-2017, as extended by U.S. HUD
to December 31, 2019.
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Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 4
SIGNIFICANT ASPECTS OF THE PROCESS BY WHICH THE PLAN WAS DEVELOPED
The process of developing the Consolidated Plan included consultation with local government agencies,
service providers and public health agencies located in Miami -Dade County that offered services to the
target populations. An initial countywide public meeting with housing and community development
stakeholders was held in the Commission Chambers on March 27, 2019. Other involvement included
community -based input from the stakeholders, and an online virtual meeting held on August 13, 2020.
Previous planning efforts such as charrettes completed for the communities were also considered during
the ranking of the priorities. PHCD also set-up a Consolidated Plan dedicated e-mail on the County
website so that any comments or concerns could be delivered to staff in an electronic manner. Cohesive,
stable communities depend on decent housing. The Consolidated Plan addresses maintaining the existing
affordable housing stock and increasing the availability of housing in standard condition and at an
affordable cost to low- and moderate -income families, particularly members of disadvantaged minorities,
without discrimination 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. The
Plan guides the coordination of the public housing Comprehensive Grant process with the Consolidated
Planning and Application process.
Housing
Decent housing also includes an adequate supply of supportive housing, which combines structural
features and services needed to enable persons with special needs, and their families, to live with dignity
and independence. The provision of affordable housing to low-income persons which is accessible to
job opportunities is critical as well. Through its previous planning efforts, the County has assisted
homeless persons in obtaining appropriate housing and aided persons -at -risk of becoming homeless.
These efforts are further supported in this Plan. The Plan serves as a working document to ensure that
the needs and resources of public housing residents are taken into consideration in the Comprehensive
Planning effort to revitalize distressed neighborhoods and help low-income residents.
Community Development
The County has established priority non -housing community development needs based on data
collected and citizen input. Those priorities are listed below:
Economic Development Priorities
• Business grant/loan programs
• Training for businesses
• Mixed use projects that integrate business and residential activities
• Special economic development activities
• Business incubators
• Job creation and retention program
Public Service Priorities
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Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 5
• Job training
• Youth services and job opportunities
• Improved mass transit to serve the population
• Mental health programs for area residents
• Park improvements/rehabilitation
• Community centers facilities and programs
• Programs for seniors
• Programs for the handicapped and disabled
• Legal services to non-profit groups/community development corporations and low- to moderate -
income households, regarding home loan modification
• Programs that will feed the poor (Meals on Wheels)
• Create housing/training/education
Capital Improvement/Infrastructure Priorities
• Upgrade parks in priority areas
• Improve or install infrastructure. This will include:
o Re -pavement or upgrade of pavements and streets
o Install/upgrade water and sewer and drainage
o Replace "at risk" septic systems
o Upgrade lighting
• Expand open spaces in target areas that will meet with the County guidelines set by existing planning
documents.
• Improve pedestrian and vehicular circulation
OVERALL GOALS OF THE CONSOLIDATED PLAN
There are four (4) overall goals of the County's community planning and development programs covered
by the Consolidated Plan:
• Provide low- to moderate -income households increased access to decent and affordable housing in
a sustainable and less vulnerable environment;
• Expand economic opportunities to create and retain jobs through business support, development
and/or expansion;
• Provide adequate public facilities and public improvements (primarily drainage, water and sewer
and facility improvements) to benefit low- to moderate -income areas and residents with emphasis
on County and municipal assets and;
• Provide access to public services (primarily senior services, services for the disabled, youth,
substance abuse services, employment training and childcare).
CONTENTS OF THE CONSOLIDATED PLAN
The major components of the Consolidated Plan include:
• Needs Assessment
• Market Analysis
• Strategic Plan
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Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 6
• Action Plan
• Citizen Participation Plan
Needs Assessment
The needs assessment includes estimated housing needs for the five-year study period. In the preparation
of this section, reliance is placed on 2010 U.S. Census and the 2017 American Community Survey data.
Census data has been modified with demographic, housing and labor statistics maintained by the Miami -
Dade County Planning and Research Section of the Regulatory and Economic Resources Department;
Shimberg Center, and Florida Bureau of Economic Research (University of Florida). In addition, the
Miami -Dade County Homeless Trust and PHCD provided supplemental information on homeless and
public housing -related needs.
The needs assessment includes categories of affected persons, including: extremely low-income, low-
income, moderate -income and middle -income families, both renters and owners; the elderly; the
homeless; and, others with special needs. Housing with potential lead -based paint hazards occupied by
low- and moderate -income families, has been evaluated. The needs assessment includes the extent of
over -crowding and standard and substandard housing conditions, as well as substandard housing suitable
for rehabilitation. The needs assessment also includes an analysis of the rent burden, defined as the
percentage of household income spent for monthly rent or mortgage expenses. Non -housing community
development needs were assessed as well, including the need for public facilities and public infrastructure
improvements. Finally, sustainability and the impact of sea -level rise was considered.
Market Analysis
The housing market analysis presents significant characteristics of the County's housing market. It
includes the evaluation of the supply, demand, condition, and cost of housing, with a focus on low- to
moderate -income households, as well as persons with disabilities or special needs. Areas with low-
income or minority concentrations are identified. Public and assisted housing is described, including
physical condition, restoration and revitalization needs, and accessibility under Section 504 of the
Rehabilitation Act of 1973. The County, as the local public housing authority, presents its strategy for
improving the management and operation of public housing as well as the living environment of its
residents. Public and assisted housing projects, homeless facilities, special needs facilities and services,
and barriers to affordable housing are briefly inventoried to support the market analysis.
Data describing the characteristics of the labor force and occupations by sector is provided, along with a
description of the workforce and infrastructure needs of the business community. The broadband intemet
connectivity needs of housing units and residential neighborhoods within the County is assessed. Also
included in the plan is the risk analysis completed for County assets as it relates to their vulnerability to
natural hazards and sea level rise.
Strategic Plan
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Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 7
The Strategic Plan component of the Consolidated Plan describes the basis for allocating CDBG and
other matching funds throughout the County. Guiding the County are four (4) strategic objectives for
neighborhood revitalization:
1. To help communities establish a full continuum of housing services designed to assist homeless
individuals and families to achieve permanent housing and self-sufficiency. To increase access by
families and individuals to affordable housing in standard condition. To promote equal housing
opportunities for those protected by law.
2. To reduce the isolation of low-income groups within a community or geographical area.
3. To provide empowerment and self-sufficiency opportunities to support low-income individuals and
families as they make the transition from dependency to self-sufficiency. To provide economic
opportunities for low- and moderate -income persons through the creation and retention of jobs.
4. To address the vulnerability of the community due to climate change.
The Strategic Plan sets forth a countywide strategy to provide for affordable housing, and address
homelessness and special needs. The plan presents the County's activities that seek to reduce or
ameliorate barriers to affordable housing, climate change/sea level rise, and the number of poverty level
families through anti -poverty strategies.
Miami -Dade County, like many communities across the nation, is facing a significant problem addressing
community needs due to the poor economy and the reduction in federal funding for housing and
neighborhood issues. Community needs continue to rise at an increasing rate, yet federal funding has
been significantly cut. This is further exacerbated by the recent impact of COVID-19 causing high levels
of unemployment, business hardships and failures, and a public health crisis.
Action Plan
The Action Plan is an annual report which summarizes federal resources available to fund priority
activities that must achieve the U.S. HUD's national objective which is a federal regulatory measure
utilized to assess whether a funded activity has achieved compliance with federally mandated objectives.
The Action Plan summarizes the activities to be undertaken and identifies the geographic distribution of
activities, homeless and special needs activities, and other actions taken to address the goals and
objectives of the Plan. The Action Plan is updated on an ongoing basis as funds are reprogrammed
through recapture and reallocation processes throughout the program year.
The FY 2020 Action Plan marks the County's continual effort to utilize federal awards in a manner that
will result in significant and sustainable redevelopment efforts of low- to moderate -income communities.
Under this Action Plan, strong consideration was given to projects and activities that met the FY 2019
requirements for CDBG, HOME and ESG activities; some projects are recommended due to critical
needs of County and municipal projects. In all cases, the recommended projects meet an underserved
need, demonstrate a readiness to proceed, and demonstrate implementation by experienced agencies
and/or developers with the capacity to successfully achieve U.S. HUD national objectives, adhere to
federal reporting requirements, and successfully manage the completion of the project(s).
Citizen Participation Plan
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Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 8
The Citizen Participation Plan (CPP) is included as part of the Consolidated Plan as required by 24 CFR
Part 91. The CPP describes the process required for engaging the community and soliciting comments
on various aspects of the community planning and development processes, including plans and reports
required by U.S. HUD. The County has recently amended its CPP to allow for virtual engagement as
well as reduced notice and comment periods, when permitted. The CPP has further been amended to
eliminate the use of Neighborhood Revitalization Strategy Areas (NRSA) and instead use a regional
geographical approach to planning and outreach. The Community Development division of PHCD will
continue to engage the community through the minimum required meetings as prescribed by U.S. HUD
and outlined in the CPP.
The new CPP also represents the bifurcation of the PHCD CPP within the Consolidated Plan for CDBG,
HOME and ESG funding and the Community Action and Human Services Department's (CAHSD)
Tripartite Board Citizen Participation Plan for Community Services Block Grant (CSBG) funding. In
previous consolidated plans, the two departments combined their citizen participation plans in order to
jointly obtain public input using community advisory committees, some of which were located within
NRSAs. The use of community advisory committees is not required for CDBG, HOME or ESG funds,
and a new regional approach to obtaining community input is set forth in the CPP. This item recommends
that the two citizen participation plans be approved separately, due to the separate and distinct federal
requirements. CAHSD will subsequently bring legislation to the Board to request approval of its citizen
participation plan, which will continue to engage the community through various neighborhoods with
representatives (community advisory committees) that are also members of the Community Action
Agency Board.
CITIZEN PARTICIPATION REQUIREMENTS
U.S. HUD regulations require the County to hold a minimum of two public hearings at different stages
of the planning process. The first public hearing requires input from citizens on housing and community
development needs. On November 15, 2019, the first required public hearing was held in the Board's
chambers to obtain public input on the FY 2020 Consolidated Planning Policies that formed the basis for
the FY 2020 Action Plan recommendations. The second public hearing, which is intended to obtain
further public comments on the Consolidated Plan and the FY 2020 Action Plan funding
recommendations, is scheduled for October 14, 2020, before the Housing Social Services and Economic
Development (HSSED) Committee.
U.S. HUD requires that the Consolidated Plan and Action Plan be made available for public comments
for a period of 30 days prior to the final adoption of the funding recommendations by the BCC. On
March 31, 2020, the U.S. HUD issued a notice of waiver availability, including notice waivers. The
County has adopted U.S. HUD waiver for notice and comment, which specifies a minimum five-day
notice. Therefore, the County advertised on or before October 7, 2020, informing the public of the
availability of the Consolidated Plan and FY 2020 Action Plan funding recommendations on the County's
website. The Consolidated Plan will be considered by the BCC on October 20, 2020.
Following the Board's approval of the FY 2020 HOME funding recommendations, the County Mayor or
County Mayor's designee will issue a conditional loan commitment of HOME funds for construction and
rehabilitation projects in substantially the form attached as Exhibit 7 but customized for the type of
7
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 9
funding and project. The conditional loan commitment requires numerous milestones be met by the
developer prior to the County executing a funding contract. For projects recommended for funding, final
funding approval shall be conditioned upon a full feasibility and underwriting analysis which will be
completed prior to financial closing and the release of funds along with other conditions set forth in the
conditional loan commitment.
Due Diligence Review and Minimum Threshold
As a requirement of the FY 2019 RFA, proposals must meet federal threshold criteria for eligible
activities that meet a U.S. HUD national objective to be considered for funding. Furthermore, staff
conducted a due diligence search in accordance with the provisions of Resolution No. R-630-13. There
are no due diligence issues to report. Of the activities submitted for funding consideration, none were
found to have any unresolved issues or concerns.
FY 2020 FUNDING SOURCES
Consistent with the past several years, the FY 2020 Action Plan process continues to include the federally
funded CDBG, HOME, and ESG programs. The close coordination of these programs and resources
continues to be essential to preventing the duplication of funding or the funding of activities in excess of
actual needs.
Community Development Block Grant (CDBG) Program
The FY 2020 CDBG allocation is $6,880,050.93 after the deduction of the administrative costs and the
Section 108 loan repayment summarized below.
FY 2020 CDBG Allocation
CDBG
$11,261,380.00
Administration (20%)
($2,252,276.00)
Subtotal
$9,009,104.00
Section 108 Loan Payment
($2,129,053.07)
Grand Total
$6,880,050.93
For Commission District Funds (CDF) allocations, 13 percent of the total CDBG allocation is divided
among the 13 commission districts and allocated to CDBG eligible projects recommended by the
commissioners in the amount of $95,324.00 for each commission district, all of which is allocated for
public service activities unless otherwise stated in Exhibit 2 for public facilities/capital improvements,
housing, or economic development activities. Due to the need to respond to COVID-19, many of the
2020 CDF allocations are focused on providing public services to support the community Any CDF
allocations not included in this item may be addressed in a subsequent agenda item.
Table 2 reflects the recommendation of FY 2020 CDBG funding, including program income, for
administration, economic development, public facility/capital improvements, housing, and public service
activities.
8
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 10
Table 2: FY 2020 CDBG Funding Recommendations
Category
Amount
Percentage of
Total
Administration
$2,252,276.00
13.44%
Economic Development
$1,203,018.34
7.18%
Public Facilities
$1,671,115.25
9.97%
Public Service
3,905,640.18
23.32%
Housing
$5,592,711.16
33.38%
Section 108 Loan Payment
$2,129,053.07
12.71%
Total of CDBG Activities
$16,753,814
100.00%
For the Public Facility and Capital Improvements category, PCHD recommended awards to projects that
are County/Municipal related. In particular, PHCD is recommending to allocate CDBG funding for two
projects within the City of Opa-Locka: the rehabilitation to pump station number 4 that is impacting a
County housing development project, and a roadway and drainage improvement project that includes the
dedication of the affected street that is in front of a County -owned multi -family building. Other projects
include County roadway improvements and improvements to buildings.
Home Investment Partnerships Program (HOME)
The FY 2020 HOME annual allocation from U.S. HUD is $4,962,281.00, with an additional
$1,644,775.56 of FY 2019 HOME Program Income. The HOME program is designed to strengthen
public -private partnerships for the expansion of decent, safe, sanitary, and affordable housing with
primary attention on rental housing assisting families with incomes of 80 percent of Area Median Income
(AMI) or lower. HOME funding recommendations are designated for acquisition, new construction or
rehabilitation of affordable rental housing, pre -development, single-family homeownership, tenant -based
rental assistance (TBRA), HOME community housing development organization (CHDO) housing set -
aside, and HOME CHDO operating support.
Table 3: FY 2019 HOME Recommendations
Category
Amount
Percent of
Total
Administration
$496,228.10
10%
Acquisition, New Construction or Rehabilitation of Affordable
Rental Housing
$5,510,828.46
83%
Tenant -Based Rental Assistance (TBRA)
$600,000.00
7%
Total HOME Funding including Program Income:
$6,607,056.56
100%
Emergency Solutions Grant (ESG)
The County's FY 2020 ESG award is $1,127,686.00. ESG funds for homeless activities were made
available for emergency shelter and outreach, homeless prevention, and rapid rehousing services.
9
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 11
Table 4: FY 2019 ESG Recommendations
Category
Amount
Percent of
Total
Administration
$84,576.45
7.5%
Emergency Shelter and Outreach Activities
$617,048.94
55.0%
Homeless Prevention and Rapid Re -Housing
$426,060.61
37.5%
Total ESG Funding:
$1,127,686.00
100%
CDBG AND ESG RECAPTURES AND REALLOCATIONS
Recapture Recommendations
A substantial amendment is requested to the FY 2017-2019 Action plans and the corresponding FY 2013-
2017 Consolidated Plan, as extended through December 31, 2019. PHCD recommends the recapture of
$152,743.98 in CDBG funding in Exhibit 3 from agencies that may have completed the activity with
minimal remaining balances and activities unable to meet a national objective. All entities with projects
listed as the subject of recapture have been informed with written communication.
Of the CDBG recaptured funds, $52,743.98 are Commission District Fund (CDF) allocations from three
commission districts. The Commissioners in these districts have been notified of the recaptures (if the
value is greater than $1,000.00) and will have the opportunity to recommend district -specific allocations
through a future recapture and reallocation item. However, these CDFs may not be used for any public
service activity because public service funds are an annual allocation only, unless they represent 2019
funds. The funds may be used in the following categories: economic development, housing, and public
facilities and capital improvements. PHCD recommends the recapture of $100,000.00 from a 2017
special economic development activity, We Are the Road, due to delays in site permitting that did not
allow the project to proceed timely.
PHCD recommends the recapture of $686,754.00 from two ESG activities in Exhibit 3. The Community
Action and Human Services Permanent Housing Initiative activity was unable to expend all funds and a
balance remains. The City of Miami Beach, Miami Beach Safety Net was delayed in contracting, and
the agency elected not to proceed due to an upcoming expenditure deadline.
Reallocation Recommendations
PHCD recommends the reallocation of $52,743.98 for three projects representing CDF allocations in
Exhibit 4. Rebuilding Together Miami -Dade, Inc., is recommended to provide housing rehabilitation
services for low- and moderate -income homeowners in District 7. Greater North Miami Chamber of
Commerce is recommended to provide public service technical assistance to businesses in District 2.
Greater Miami Service Corps. is recommended to provide housing rehabilitation to homeowners in
District 3. The reallocation of $100,000.00 is recommended to provide funding to make upgrades to the
air conditioning system in a County -owned building operated by the Easter Seals as its Civic Center
location.
PHCD recommends the reallocation of $686,754.00 to fund one ESG activity in Exhibit 4. The
reallocated funds would allow Chapman Partnership to rehabilitate two buildings, one in the northern
10
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 12
part of the County, and one in the southern part of the County to continue to serve as emergency shelters
to serve homeless households.
CARES ACT CDBG-CV RECAPTURES AND REALLOCATIONS
Recapture Recommendations
A substantial amendment is requested to the FY 2019 Action Plan and corresponding FY 2013-2017
Consolidated Plan, as extended through December 31, 2019. PHCD recommends the recapture of
$2,186,466.40 in CDBG-CV, CARES Act funds for the public housing nutritional pandemic food
disbursement activity, as indicated in Exhibit 5. The public housing nutritional assistance activity
remains funded with CDBG 2020 program funds in Exhibit 2 to address administrative revisions
requested by U.S. HUD.
Reallocation Recommendations
PHCD recommends the reallocation of $2,186,466.40 in CDBG funds, as indicated in Exhibit 6, to fund
multiple activities. Partners for Self -Employment, Inc. and Black Economic Development Coalition, Inc.
are recommended for CDBG funding to provide micro -lending support to small businesses for job
creation activities. PHCD is recommending a reallocation of CDBG funds to support CARES Act
program administration.
Re -deployment of Prepaid CDBG Funds
PHCD recommends the allocation of $5,492,434.00 of CDBG program income funds. In 2013, three
public housing rehabilitation projects were funded with a combined total of $5,492,434.00 in CDBG
funds: Dante Fascell, South Miami Plaza and Stirrup Plaza. The developer prepaid the loans in full prior
to the maturity date(s) and has requested that CDBG funds in the amount of up to $5,492,434.00 be
redeployed in accordance with section 17-02 of the Code of Miami -Dade County to the substantial
rehabilitation of Robert King High, Moretti Phase 2B, and Three Round Towers B and C.
The developer has already received redeployed Surtax funds for these substantial rehabilitation projects.
On October 3, 2019, the Board approved Resolution No. R-1059-19, authorizing the re -loan of prepaid
Surtax proceeds for the substantial rehabilitation of the Robert King High, Joe Moretti Phase 2B, and
Three Round Towers B and C public housing project. This legislation recommends that the Board
approve the allocation of up to $5,492,434.00 of pre -paid CDBG funds to Related Urban Development
Group, or related entity, for CDBG-eligible expenses related to these three public housing substantial
rehabilitation projects. Once approved, the County Mayor or the County Mayor's designee will execute
a conditional loan commitment in substantially the form attached hereto as Exhibit 7.
RECOMMENDED POLICIES
PHCD is recommending prospective policy changes for annual Action Plan years 2020 to 2024 in order
to improve the efficiency of expending program funds to comply with timeliness requirements:
1. Rescind Resolution No. R-596-12, requiring that CDBG funds be directed to NRSAs, which are
eliminated in the proposed Consolidated Plan, and approve a prospective policy for Consolidated
Plan years 2020 to 2024 to require all allocations be based on meeting Consolidated Plan priority
11
Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Page No. 13
needs and goals throughout the County; and require all the funding recommendations in Action
Plan years 2020 to 2024 be based on funding projects that are timely and meet U.S. HUD spending
ratio requirements and national objectives.
2. Approve a policy to restrict any new CDBG public facility and/or capital improvement project in
the 2020-2024 Action Plans to no more than 20 percent of the Action Plan year's annual CDBG
allocation in years when the overall unspent balances on open public facility and capital
improvement projects are more than 40 percent of the overall unspent CDBG balance. The
purpose of this policy is to avoid situations where there is a disproportionate amount of public
facility and capital improvement projects with unspent balances, which negatively impact the
spending timeliness ratio requirements, and ultimately restrict the County's CDBG operational
flexibility. Exception to this policy may only be used when deemed in the best interest of the
County, such as projects related to the County's housing crisis, and County/municipal partnership
projects, including, but not limited to, County sustainability programs. The County Mayor or
County Mayor's designee will abide by this policy in the funding recommendations, including
recapture and reallocations recommendations, brought to the Board.
Contract Extension
A third contract extension is requested for one Emergency Solutions Grant activity. Sundari Foundation,
Inc., doing business as Lotus House Women's Shelter, was awarded a total of $1,616,514.20 in three
resolutions, Resolution No. R-762-17, Resolution No. R-1046-17, and Resolution No. R-1255-17, for
the provision of tenant -based rental assistance. The agency has encountered delays due to turnover of key
personnel and has expressed difficulty in securing housing placements for program participants with
special needs with extremely low or no income that face barriers in securing affordable housing.
Additional time is needed in order to complete the activity by continuing to provide services to current
program participants and additional eligible participants.
SUMMARY
The County is committed to continuing to serve low- and moderate -income residents and neighborhoods
throughout the County and to achieving U.S. HUD national objectives. The County continues to work
with its community development partners to enhance its programs and to better meet the public service,
economic development, housing, and capital improvement needs of low- and moderate -income residents
and neighborhoods.
Maurice L. Kemp, Deputy Mayor
Attachments
12
MEMORANDUM
(Revised)
TO: _ Honorable Chairwoman Audrey M. Edmonson DATE: October 22, 2020
and Members, Board of County Commissioners
FRO : 'gall rice- i i
unty Attorney
Amended
SUBJECT: Agenda Item No. 14(A)(10)
Please note any items checked.
"3 -Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote (i.e., 2/3's
present , 2/3 membership , 3/5's , unanimous , CDMP
7 vote requirement per 2-116.1(3)(h) or (4)(c) , CDMP 2/3 vote
requirement per 2-116.1(3)(h) or (4)(c) , or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) ) to approve
Current information regarding funding source, index code and available
balance, and available capacity (if debt is contemplated) required
17 13
Approved
Veto
Override
Amended
Agenda Item No. 14(A)(10)
10-22-20
RESOLUTION NO. R-1118-20
RESOLUTION APPROVING, AFTER A PUBLIC HEARING, THE
FISCAL YEARS (FY) 2020-2024 CONSOLIDATED PLAN AND FY
2020 ACTION PLAN WITH FUNDING RECOMMENDATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), CDBG
PROGRAM INCOME, HOME INVESTMENT PARTNERSHIPS
(HOME) PROGRAM, HOME PROGRAM INCOME AND
EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FUNDS FOR
SUBMITTAL TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (U.S. HUD); APPROVING
THE BIFURCATION OF THE PUBLIC HOUSING AND
COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION PLAN
WITHIN THE CONSOLIDATED PLAN AND THE COMMUNITY
ACTION AND HUMAN SERVICES DEPARTMENT'S CITIZEN
PARTICIPATION PLAN; APPROVING A SUBSTANTIAL
AMENDMENT TO THE FY 2013-2017 CONSOLIDATED PLAN, AS
EXTENDED THROUGH 2019, AND THE FY 2017 - 2019 ACTION
PLANS FOR CDBG, ESG AND CDBG-CV FUNDS MADE
AVAILABLE BY THE 2020 CORONAVIRUS AID, RELIEF, AND
ECONOMIC SECURITY ACT (CARES ACT); APPROVING
PAYMENT OF THE 2020 FINANCIAL OBLIGATION TO U.S. HUD
FOR SECTION 108 LOAN DEBT; RESCINDING RESOLUTION
NUMBER R-596-12 AND APPROVING A PROSPECTIVE POLICY
FOR CONSOLIDATED PLAN YEARS 2020 TO 2024 TO REQUIRE
THAT ALL ALLOCATIONS BE BASED ON CONSOLIDATED PLAN
PRIORITY NEEDS AND GOALS THROUGHOUT THE COUNTY;
APPROVING A POLICY TO RESTRICT ANY NEW CDBG PUBLIC
FACILITY OR CAPITAL IMPROVEMENT PROJECT IN THE 2020-
2024 ACTION PLANS TO NO MORE THAN 20 PERCENT OF THE
ACTION PLAN YEAR'S ANNUAL CDBG ALLOCATION IN YEARS
WHEN THE OVERALL UNSPENT BALANCES ON OPEN PUBLIC
FACILITY AND CAPITAL IMPROVEMENT PROJECTS ARE MORE
THAN 40 PERCENT OF THE OVERALL UNSPENT CDBG
BALANCE; APPROVING A THIRD CONTRACT EXTENSION FOR
THE SUNDARI FOUNDATION, INC., D/B/A LOTUS HOUSE
WOMEN'S SHELTER 2017 EMERGENCY SOLUTIONS GRANT
TENANT BASED RENTAL ASSISTANCE ACTIVITY; AND
AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S
DESIGNEE TO EXECUTE ALL STANDARD SHELL CONTRACTS,
AMENDMENTS, STANDARD SHELL LOAN DOCUMENTS,
CONDITIONAL LOAN COMMITMENT LETTER AND OTHER
AGREEMENTS NECESSARY TO ACCOMPLISH THE PURPOSES
OF THIS RESOLUTION, TO SUBORDINATE AND/OR MODIFY
AGREEMENTS APPROVED HEREIN IN ACCORDANCE WITH
CONDITIONS SET FORTH HEREIN; AND TO EXERCISE THE
TERMINATION AND OTHER PROVISIONS CONTAINED THEREIN
Amended
Agenda Item No. 14(A)(10)
Page No. 2
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts the matters set forth in the accompanying
justification memorandum as if fully set forth herein.
Section 2. This Board approves the Miami -Dade County Fiscal Years (FY) 2020-2024
Consolidated Plan ("Consolidated Plan"), which includes the Citizen Participation Plan, attached hereto as
Exhibit 1, and authorizes the County Mayor or County Mayor's designee to submit the Consolidated Plan
and Action Plan to the United States Department of Housing and Urban Development (U.S. HUD).
Section 3. This Board approves the bifurcation of the Public Housing and Community
Development ("PHCD") Citizen Participation Plan ("CPP") within the Consolidated Plan and the
Community Action and Human Services Department's ("CAHSD") Citizen Participation Plan for
Community Services Block Grant ("CSBG") funding.
Section 4. This Board approves the FY 2020 Action Plan for annual submission to U.S. HUD,
including the FY 2020 funding recommendations, as identified in Exhibit 2, consisting of $11,261,380.00
of Community Development Block Grant ("CDBG") Program funds plus CDBG Program Income of
$5,492,434.00, $4,962,281.00 of HOME Investment Partnerships Program ("HOME") Program funds plus
HOME Program Income of $1,644,775.56, and $1,127,686.00 of Emergency Solutions Grant ("ESG")
Program funds. The FY 2020 Action Plan includes Commission District Fund ("CDF") funding
recommendations for public service and housing rehabilitation activities. CDBG Program Income of
$5,492,434.00 is approved to be redeployed pursuant to section 17-02 of the Code to fund substantial
rehabilitation projects at the following sites: Joe Moretti Phase IIB, 96 units for persons at or below 60
percent of the area median income (AMI) located at 400 SW 5th Street, 600 SW 4th Street, 600 SW 8th
Avenue and 801 SW 6th Street, Miami, Florida 33125; Robert King High Apartments, 315 total units, with
303 units for persons at or below 30 percent of the AMI and 12 units for persons at or below 60 percent of
Amended
Agenda Item No. 14(A)(10)
Page No. 3
the AMI, located at 1403 and 1405 NW 7`h Street, Miami, Florida 33125; and Three Round Towers B and
C, 263 total units, with 90 units for persons at or below 30 percent of the AMI, 38 units for persons at or
below 60 percent of the AMI, and 135 units at or below 80 percent of the AMI, located at 2920 and 2940
NW 18t Avenue, Miami, Florida, 33142.
Section 5. This Board approves a Substantial Amendment to the FY 2013-2017 Consolidated
Plan, as extended through 2019, and the FY 2017 - 2019 Action Plans in order to recapture and reallocate
$152,743.98 of CDBG funds, $686,754.00 of ESG funds, and $2,186,466.40 of CDBG-CV funds, made
available by the 2020 Coronavirus Aid, Relief, and Economic Security Act. These recaptures and
reallocations are set forth in Exhibits 3-6, attached hereto.
Section 6. This Board approves the payment of the 2020 financial obligation to U.S. HUD of
$2,129,053.07 for Section 108 loan debt.
Section 7. This Board rescinds Resolution No. R-596-12, requiring that CDBG funds be
directed to Neighborhood Revitalization Strategy Areas, which are eliminated in the proposed Consolidated
Plan; and approves a prospective policy for Consolidated Plan years 2020 to 2024 to require all allocations
be based on meeting Consolidated Plan priority needs and goals throughout the County; and require all the
funding recommendations in Action Plan years 2020 to 2024 be based on funding projects that are timely
and meet U.S. HUD spending ratio requirements and national objectives.
Section 8. This Board approves a policy to restrict any new CDBG public facility and or
capital improvement project in the 2020-2024 Action Plans to no more than 20 percent of the Action Plan
year's annual CDBG allocation in years when the overall unspent balances on open public facility and
capital improvement projects are more than 40 percent of the overall unspent CDBG balance. An exception
to this policy may only be used when deemed in the best interest of the County, such as projects related to
the County's housing crisis, County/municipal partnership projects including but not limited to County
sustainability programs.
Section 9. This Board directs the County Mayor or County Mayor's designee to return to this
Board with a report annually with the status of Community Development Block Grant Commission District
Amended
Agenda Item No. 14(A)(10)
Page No. 4
Funds (CDF) and place the completed report on an agenda of this Board pursuant to Ordinance No. 14-65.
All CDF funding allocations, including recaptures and reallocations, will come before this Board for
approval.
Section 10. This Board approves a third contract extension until December 31, 2020, of the
contract with Sundari Foundation, Inc., doing business as Lotus House Women's Shelter. The purpose of
the amendment is to give the agency additional time to complete the 2017 ESG activity for the provision
of tenant -based rental assistance services.
Section 11. For all funding allocations authorized in this resolution, this Board authorizes the
County Mayor or County Mayor's designee to execute conditional loan commitments, standard shell
contracts, standard shell loan documents, amendments, and other agreements necessary to accomplish the
purposes of this resolution; to subordinate and/or modify the terms of contracts, amendments, and loan
documents for projects and activities approved herein, so long as such modifications are: (1) approved by
the County Attorney's Office for legal form and sufficiency, (2) not substantially inconsistent with this
resolution, and (3) found by the County Mayor or County Mayor's designee to be in the best interest of the
County; to execute other documents necessary to accomplish the purposes set forth in this resolution; and
to exercise the termination, waiver, acceleration, and other provisions set forth in agreements executed in
performance of this resolution.
The foregoing resolution was offered by Commissioner Rebeca Sosa
who moved its adoption. The motion was seconded by Commissioner Sally A. Heyman
and upon being put to a vote, the vote was as follows:
Audrey M. Edmonson, Chairwoman aye
Rebeca Sosa, Vice Chairwoman aye
Esteban L. Bovo, Jr. absent Daniella Levine Cava aye
Jose "Pepe" Diaz aye Sally A. Heyman aye
Eileen Higgins aye Barbara J. Jordan aye
Joe A. Martinez aye Jean Monestime aye
Dennis C. Moss aye Sen. Javier D. Souto aye
Xavier L. Suarez absent
Amended
Agenda Item No. 14(A)(10)
Page No. 5
The Chairperson thereupon declared this resolution duly passed and adopted this 22nd day of
October, 2020. This resolution shall become effective upon the earlier of (1) 10 days after the date of its
adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override
by this Board, or (2) approval by the County Mayor of this resolution and the filing of this approval with
the Clerk of the Board.
Approved by County Attorney as
to form and legal sufficiency.
Brenda Kuhns Neuman
Eilk
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUV1N, CLERK
Melissa Adames
By:
Deputy Clerk
Exhibit 1
2020-2024 CONSOLIDATED PLAN
AND 2020 ACTION PLAN
MIAMI-DADE COUNTY
Prepared by:
Miami -Dade County
Public Housing and Community Development
September 2020
MIAMIO DE
COUNTY
Consolidated Plan
MIAMI DADE COUNTY 1
23 20
Executive Summary
ES -05 Executive Summary - 24 CFR 91.200(c), 91.220(b)
1. Introduction
Miami -Dade County is required to submit a Consolidated Plan (the Plan) to the United States
Department of Housing and Urban Development (U.S. HUD) in accordance with the Consolidated
Submissions for Community Planning and Development Programs (24 CFR 91). The rule requires a single
submission for the planning and application aspects of the following programs:
Community Development Block Grant (CDBG)
HOME Investment Partnerships (HOME); and
Emergency Solutions Grants (ESG)
The Housing Opportunities for People with Aids (HOPWA) program is administered by the City of Miami,
and therefore is not addressed in this document.
The Miami -Dade County Public Housing and Community Development Department (PHCD) is the lead
agency for Miami -Dade County in the coordination of the Consolidated Plan.
The most recent Consolidated Plan submitted to HUD was for the period from January 1, 2013 through
December 31, 2017. However, PHCD was granted an extension until December 31, 2019 and the
Consolidated Plan that is being submitted covers the period from January 1,2020 through December 31,
2024.
2. Summary of the objectives and outcomes identified in the Plan Needs Assessment
Overview
The County has identified housing, economic development, health and human services as areas of
concentration for the strategic plan. The needs assessment identifies the rate of cost -burden, the
growth of cost -burden among low-income and elderly households, overcrowding and disproportionate
needs as challenges facing many households in Miami -Dade County in the attempt to access quality
housing.
The Plan addresses maintaining the existing affordable housing stock and increasing the availability of
housing in standard condition and at an affordable cost to low-income and moderate -income families,
particularly members of disadvantaged minorities, without discrimination on the basis of race, color,
religion, sex, national origin, familial status, or disability. In an effort to serve as many low- and
moderate areas as possible, Miami -Dade County is shifting away from a model of targeting a majority of
Community Development Block Grant funds to the Neighborhood Revitalization Strategy Areas (NRSAs),
Consolidated Plan MIAMI DADE COUNTY 2
24 21
to a regional approach which divides the County in North, Central and South regions and within those
regions identifies those areas that are the most vulnerable. This approach will allow the County to
address the needs of impoverished communities throughout Miami -Dade County. The Consolidated Plan
also further integrates the coordination of public housing rehabilitation with the County's community
development and housing objectives.
The housing goals includes an adequate supply of supportive housing, which combines structural
features and services needed to enable persons with special needs, and their families, to live with
dignity and independence. Miami -Dade County, in its annual planning and future planning will continue
to prioritize tenant -based rental assistance using HOME. The County will also have funds available for
small projects that may benefit from the County's Documentary Surtax Program for the development of
Housing. The Plan serves as a working document to ensure that the needs and resources of public
housing residents are taken into consideration in the Comprehensive Planning effort to revitalize
distressed neighborhoods and help low-income residents. The Consolidated Plan addresses the need to
strengthen its economic development by continuing to support providers of economic development
activities such as micro -loans, business incubators and technical assistance to businesses. These
economic development activities are intended to increase the number of small businesses, retain or
create jobs or strengthen fledgling small businesses. PHCD will continue to address health and human
services through providing funds for public services such as feeding programs and after school education
programs with an expected outcome of improving the quality of life for vulnerable populations, such as
youth and senior citizens.
3. Evaluation of past performance
Miami -Dade County recently updated HUD on the status of its housing and community development
programs through submission of the 2019 Consolidated Annual Performance and Evaluation Report
(CAPER). The 2019 CAPER was provided to HUD on March 26, 2020, which detailed various housing
rehabilitation programs and economic development activities that met national objectives. The next five
years funding will prioritize the aforementioned activities.
4. Summary of citizen participation process and consultation process
The Citizen Participation Process began in early 2019. Meetings were held in multiple areas of the
County with community groups. A countywide public outreach meeting was held in the Miami -Dade
County Commission Chambers on March 27, 2019, which included various community stakeholders who
responded to a survey provided at that meeting. Opportunities for written and verbal comments were
provided at the meeting. A summary of the responses received during the citizen participation process is
included as an attachment to the plan.
5. Summary of public comments
A summary of public comments is included as an attachment to the plan.
Consolidated Plan MIAMI DADE COUNTY 3
25 22
6. Summary of comments or views not accepted and the reasons for not accepting them
Views not accepted in this plan were those determined to be unrelated to the Consolidated Plan.
7. Summary
Miami -Dade County approached the consolidated planning process by evaluating the need for decent
housing, economic development opportunities, sustainable living environment and the participation of
citizens in the planning process. Given the County's geographic location, we naturally plan for the
potential for natural hazards and storms, however, we were not prepared to deal with the COVID-19
global pandemic. The magnitude of the effect of the global pandemic on the Miami -Dade County
community was unexpected and further impacted planning, as it relates to decent housing and
economic development. Homeowners, renters and the homeless are all being impacted, and is causing
the County to have to respond. The County's plan addresses housing for both renters and homeowners
by including mixed finance housing opportunities, incorporating both local and federal resources made
available through the consolidated planning process. As previously stated, the Coronavirus impacts to
our economic development activities was realized by the number of small businesses having to shut
down as a result of emergency orders issued by the County Mayor. The County is prepared to continue
to participate in mixed finance housing opportunities that include both local resources and federal
resources made available through the consolidated planning process. The County will also continue
with housing rehabilitation activities. Furthermore, the COVID-19 impact to our economic development
activities were realized by the number of small businesses having to shut down as a result of emergency
orders issued by the County Mayor. Our plan will continue to prioritize both financial assistance and
technical assistance to these small businesses that are critically important to our economy.
In making priority decisions, the current analysis demonstrated tremendous need in all areas of the
County. Therefore, the County is moving away from a neighborhood approach, to a regionalized
approach, serving eligible block groups within the North, Central, and South areas of the County. Future
funding allocations will continue to be prioritized based on this regional approach.
Miami -Dade County continues to address a housing crisis. The pre-existing challenges in the County
were significantly exacerbated at the beginning March 2020, with the onset of the COVID-19 global
pandemic. Local impacts include dramatic increases in unemployment due to the service -based
economy, along with the wholesale shutdown of businesses, large and small. As a result, low- and
moderate -income residents are increasingly unable to afford basic daily necessities such as food, rent
and monthly mortgage payments. Several stakeholders have been convened to address both policy and
housing needs. During the next five years, as part of the plan, additional funding will be made available
to assist with addressing the housing crisis. The County is prepared to continue to participate in mixed
finance housing opportunities that include both local resources and federal resources made available
through the consolidated planning process.
Consolidated Plan MIAMI DADE COUNTY 4
26 23
The Process
PR -05 Lead & Responsible Agencies 24 CFR 91.200(b)
1. Describe agency/entity responsible for preparing the Consolidated Plan and those
responsible for administration of each grant program and funding source
The following are the agencies/entities responsible for preparing the Consolidated Plan and
those responsible for administration of each grant program and funding source.
Agency Role
Name
Department/Agency
Lead Agency
MIAMI DADE COUNTY
CDBG Administrator
MIAMI DADE COUNTY
Public Housing and Community
Development
HOPWA Administrator
HOME Administrator
MIAMI DADE COUNTY
Public Housing and Community
Development
ESG Administrator
MIAMI DADE COUNTY
Public Housing and Community
Development
HOPWA-C Administrator
Table 1— Responsible Agencies
Narrative
The Miami -Dade County Department of Public Housing and Community Development is the agency that
administers Emergency Solutions Grant, Home Investment Partnerships Program, and Community
Development Block Grant federal funds for Miami -Dade County.
Consolidated Plan Public Contact Information
Mr. Michael Liu, Director, Public Housing and Community Development
mliu88@miamidade.gov
(786) 469-4106
Mr. Clarence Brown, Division Director, Housing and Community Development
Clarence.Brown@miamidade.gov
(786-469-2221
Consolidated Plan MIAMI DADE COUNTY 5
27 24
PR -10 Consultation — 91.100, 91.110, 91.200(b), 91.300(b), 91.215(1) and
91.315(1)
1. Introduction
As required by federal regulations Miami -Dade County consulted with service providers, private and
public entities and other jurisdictions with knowledge of the housing needs of Miami -Dade County. In
addition, the County also consulted with interested area social/health service/housing providers
throughout the County who assist with housing, health, economic development, social services and child
care services to low to moderate -income residents.
The Miami -Dade Homeless Trust, who administers the Continuum of Care, played a key role in the
consultation process.
Miami -Dade County also consulted with local businesses.
Provide a concise summary of the jurisdiction's activities to enhance coordination between
public and assisted housing providers and private and governmental health, mental health
and service agencies (91.215(1)).
Miami -Dade County consulted with the following agencies/entities in the preparation of the
Consolidated Plan:
Homeless Services: Miami -Dade County Homeless Trust (as lead agency for the Miami -Dade County
homeless continuum of care system), Citrus Health Network, Camillus House, and Miami Homes For All
Social Services: Community Action and Human Services Department, City of Miami (HOPWA), United
Way, Children's Trust, and Alliance for the Aging
Housing: Florida Housing Finance Corporation, Public Housing and Community Development, Miami -
Dade Housing Finance Authority (HFA), various for-profit developers, Community Development
Corporations, and Community Housing Development Organizations
Economic Development: Beacon Council, South Florida Workforce Investment Board (Career Source
South Florida), Community Development Financial Institutions
Health Services: Public Health Trust
Describe coordination with the Continuum of Care and efforts to address the needs of
homeless persons (particularly chronically homeless individuals and families, families with
children, veterans, and unaccompanied youth) and persons at risk of homelessness
Consolidated Plan MIAMI DADE COUNTY 6
28 25
The Miami -Dade County Continuum of Care (COC) was created to address the needs of the homeless
families and individuals. The plan continues to provide for a comprehensive system of housing and
services that includes: 1) a coordinated intake and assessment process with a 1-800 Homeless Helpline
for persons who are homeless or about to become homeless to assess services; 2) emergency housing
for short term assessment, stabilization and referral; transitional housing to provide intensive treatment
to individuals not able/ready to sustain affordable housing; and 3) permanent supportive housing. The
continuum includes wrap -around services to assist individuals in achieving and sustaining self-
sufficiency, including employment programs, legal services, health care, move -in assistance, etc.
Homeless Prevention services are also funded and coordinated through the Helpline. The majority of
homeless agencies in the Miami -Dade County continuum of care participates in a Homeless
Management Information System (HMIS), must comply with housing and services Standards of Care and
Performance Measures, and participates in the coordinated intake and assessment process through
referrals from contracted homeless outreach teams and agencies.
The Homeless Trust is the lead agency and continues to implement its original mission which is: 1) to
administer the proceeds of a unique one -percent food and beverage tax dedicated to homeless and
domestic violence services (85% of the funds toward homeless and 15% toward domestic violence
services); 2) to implement the local continuum of care plan; and, 3) to serve in an advisory capacity to
the Board of County Commissioners on issues involving homelessness. The Trust contracts with 28
private and public not -for-profit agencies for the provision of all direct services that address the needs
of homeless individuals and families in the community.
In addition, it is responsible for the fiduciary functions of the food and beverage tax and the
implementation of policy initiatives developed by the diverse 27 -member Miami -Dade County Homeless
Trust Board (and its various committees), and the monitoring of contract compliance by agencies
contracted with the County, through the Trust, for the provision of housing and services for homeless
persons (funded with local, state, federal and/or private funds). The Homeless Trust has developed
multiple private/public partnerships, including with the Chapman Partnership, which operates, under
contract with the Homeless Trust, two homeless assistance centers in the County, providing one -stop
services at emergency housing facilities that offer a holistic approach to addressing the needs of clients.
The Homeless Trust provides oversight and administrative support to the Domestic Violence Oversight
Board (DVOB) and the programs funded through that Board from the Food and Beverage Tax.
Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in
determining how to allocate ESG funds, develop performance standards and evaluate
outcomes, and develop funding, policies and procedures for the administration of HMIS
Consolidated Plan MIAMI DADE COUNTY 7
29 26
The Miami -Dade County Homeless Trust serves as the lead agency for the Miami -Dade County
Continuum of Care. PHCD has an ongoing, day-to-day working relationship with the Homeless Trust, in
particular as it currently serves as the grantee for the receipt of rental assistance continuum of care
grants (legacy Shelter Plus Care programs) on behalf of the Homeless Trust and the continuum of
care. For many years now, PHCD and the Homeless Trust have worked closely on developing priorities
for the use of ESG grant funds allocated to the County.
The County awards ESG funds through a competitive Request for Application (RFA) process in
consultation with the Homeless Trust. The RFA is the vehicle by which applicants are evaluated and
recommended for funding. The Homeless Trust is part of the RFA selection process for the ESG funds
and it reviews and approves all ESG recommendations. Performance standards and outcomes are
developed and monitored by the County's Project Management staff. Pursuant to HEARTH and ESG
Program Rules, the Homeless Trust and PHCD have collaborated in ensuring that Plan amendments
relating to ESG priorities are presented to the Homeless Trust Board, and are developing protocols for
the required monitoring and reporting requirements. All ESG recipients are contractually required to,
among other things, participate in the Homeless Trust's Homeless Management Information System
(HMIS); and participate in the coordinated intake and assessment process, including accepting referrals
for homeless prevention assistance and/or rapid re -housing services.
2. Describe Agencies, groups, organizations and others who participated in the process
and describe the jurisdictions consultations with housing, social service agencies and other
entities
Consolidated Plan MIAMI DADE COUNTY 8
30 27
25
Project Name
Public Housing and Community Development Roadway Improvement
Project in the City of Opa-Locka
Target Area
Countywide Regional Eligible Strategy Area - North
Goals Supported
Public Infrastructure Improvements
Needs Addressed
Suitable Living Environment
Funding
CDBG: $560,000
Description
Provide roadway and drainage improvements to NW 131st Street from
NW 31st to NW 32nd Avenues.
Target Date
12/31/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
NW 131st Street from NW 31st to NW 32nd Avenues, Opa-Locka,
Florida
Planned Activities
Provide roadway and drainage improvements to NW 131st Street from
NW 31st to NW 32nd Avenues.
26
Project Name
Public Housing and Community Development Midway Area Roadway
Improvements
Target Area
Countywide Regional Eligible Strategy Area - Central
Goals Supported
Public Infrastructure Improvements
Needs Addressed
Suitable Living Environment
Funding
CDBG: $345,565
Description
Provide paved swale blocks and on -street parking infrastructure at NW
8th to NW 10th Streets, between NW 79th Avenue to approximate NW
84th Avenue.
Target Date
12/31/2021
Estimate the number
and type of families
that will benefit from
the proposed
activities
Location Description
NW 8th to NW 10th Streets, between NW 79th Avenue to approximate
NW 84th Avenue, Miami, Florida
Consolidated Plan
MIAMI DADE COUNTY
177
199
196
Resolution Number: R-1118-20
Awarded Amount: $500,000
Duns Number: 083111823
CDBG 2020
Non Profit
FY 2020 COMMUNITY DEVELOPMENT BLOCK GRANT
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, Opa-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 "Roadway Improvement Project for NW 131St Street (Between NW 31st & 32nd
Avenues)" for the County through its Public Housing and Community Development hereinafter 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 in Resolution No. R-1118-20 up to $500,000 in 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 Roadway Improvement Project for NW 131St Street (Between NW 31St & 32"d Avenues)
located at NW 131st Street Between NW 31st Avenue and NW 32"d Avenue. All CDBG funds except those
awarded to County Departments and municipalities, are awarded in the form of a loan that is forgivable if the national
obhective is met purstuant to the terms and conditions set forth herein, including but not limited to Section II, W(2)
(a)(1) (2); and
WHEREAS, the Awardee shall carry out the Activities defined and set forth in Attachment A, "Scope of
Services", in Miami -Dade County or the focus area(s) of the county.
NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as
follows:
EFFECTIVE TERM
OF AGREEMENT: This Agreement shall begin on April 1, 2020.
This Agreement shall expire on March 31, 2023.
Page 1
AMOUNT OF AGREEMENT: Subject to the availability of funds, the amount of funds which may be disbursed,
in accordance with this Agreement, may not exceed $101.365.02.,
I. DEFINITIONS
PHCD
24 CFR part 570 —
CDBG Regulations
Awardee
Community
Development
Corporation
Developer
Local
Low- and
Moderate -Income
Individual or
Family
Very Low Income
Individual or
Family
Contract Records
or Agreement
Records
Effective Term
of Agreement
Federal Award
OMB A-133
Property
Public Housing and Community Development or its successor Department.
Federal regulations implementing Title I of the Housing and Community
Development Act of 1974, as amended - Community Development Block Grant.
Recipient of CDBG funds from Miami -Dade County.
A local agency that is organized to meet community development needs with
particular emphasis on the economic development, housing and revitalization
needs of low- and moderate -income area residents and which is receptive to
the needs expressed by the community.
Awardee acting as the production agent for the delivery of the Affordable
Housing units identified in Attachment "A" of this agreement.
Having headquarters in Miami -Dade County or having a place of business
located in Miami -Dade County from which the Contract or Subcontract will be
performed.
A person or family whose annual income does not exceed 80% of the median
income for the area, as determined by HUD with adjustments for smaller and
larger families and with certain exceptions as provided in 24 CFR part 570.
A person or family whose annual income does not exceed 50% of the median
income for the area, as determined by HUD with adjustments for smaller and
larger families and with certain exceptions as provided in 24 CFR part 570.
Any and all books, records, documents, information, data, papers, letters,
materials, electronic storage data and media whether written, printed,
electronic or electrical, however collected, preserved, produced, developed,
maintained, completed, received or compiled by or at the direction of the
Awardee or any subcontractor in carrying out the duties and obligations
required by the terms of this contract, including but not limited to financial
books and records, ledgers, drawings, maps, pamphlets, designs, electronic
tapes, computer drives and diskettes or surveys.
The Effective Term of this Agreement is the duration of time listed above as the
"EFFECTIVE TERM OF AGREEMENT".
Any federal funds received by the Awardee from any source during the period
of time in which the Awardee is performing the obligations set forth in this
contract.
OMB A-133 shall mean as amended, replaced or supplemented from time to
time.
The real property as descibed by legal description in any loan documents
executed between Awardee and the County and any real property of
Page 2
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.
Project Completion
Policies and
Procedures Manual
The issuance of a Closeout letter by PHCD to Awardee.
PHCD's Policies and Procedures Manual f/k/a Contract Compliance Manual
provided to Awardee and may be viewed and downloaded at
hftp://www/miamidade.gov/housing/community-development.asp
Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for the
Subconsultant 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.
11. 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.
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 govemment 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.
Page 3
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty (60) calendardays 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.
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 attomeys' 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 govemment 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
(LM). (See Attachment B-2). Awardee shall execute and deliver to the County, simultaneous with
this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant
to this Agreement in the event that Awardee fails to meet the national objective. In the event the
CDBG funds subject to this Agreement are to be used for the acquisition or improvement of real
property, the Awardee shall also be required to give the County a mortgage or other sercurity
instrument to be determined at the absolute and 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
Page 4
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.
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 I — General Information
Section II - Financial Information:
The Awardee must report expenditure information based on approved budgeted
line items to reflect all costs incurred during the reporting period. In addition, the
Awardee shall report on Program Income, depicting the twenty percent (20%) to
be paid to the County quarterly as well as Awardee's usage of Program Income
for each contracted activity.
Section III - Status of Contracted Activities:
The Awardee must report specific information regarding the status of the
contracted activities, including accomplishments and/or delays encountered during
the implementation of the project and an unduplicated count of clients served
during the reporting period (if applicable) for each federally defined ethnic
category. Awardees engaged in construction and/or housing rehabilitation projects
shall report on the progress of their activities including the number of housing units
completed and occupied by low -moderate and low income residents. The Awardee
shall also report demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report. Awardees engaged in job creation
projects shall report on the progress of their activities including the names of
businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
Page 5
50% and 70% Benchmark Reporting: At the time Awardee has been paid or
otherwise received fifty percent (50%) and seventy percent (70%) of the
Agreement Funds, Awardee must report — on the next progress report due -- and
submit documentation to show sufficient to show that Awardee has accomplished
50% and 70%, respectively, of the Activities described herein. For Awardees
engaged in construction and/or housing rehabilitation projects, Awardees shall
report on the progress of their activities including the number of housing units
completed and occupied by low -moderate and low income residents. The Awardee
shall also report demographic information on each head of household. Each goal
and corresponding objective(s), as indicated in the approved Scope of Services,
must be addressed as part of this report. Awardees engaged in job creation
projects shall report on the progress of their activities including the names of
businesses assisted, the number of jobs created and the income qualification of
individuals holding the jobs created.
In conjunction with the progress reports submitted, Awardee shall submit the
Performance & Benefit Data Supplement (the "Supplement") to the Quarterly
Expenditure & Progress Report. The Supplement shall be considered a part of the
progress reports due pursuant to this Agreement.
Section IV - Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress Report)
- The Awardee shall report to PHCD the number of business activities involving
minority vendors, including subcontractors performing work under this Agreement.
The "Contract and Subcontract Activity Report" Section in Attachment C, and when
applicable Section 3 in the same Attachment shall be completed semiannually by
the Awardee and submitted to PHCD no later than 10 days after the first and third
quarter.
Section V - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) - The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from federally
financed and assisted projects and activities.
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
Page 6
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.
3. Annual Report (Fourth Quarter Progress Report) and Final Report -The Awardee shall
submit a cumulative status report (hereinafter referred to as "Annual Report") using the
"Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the
progress made by the Awardee in achieving each of the National Objectives identified in
Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal
year beginning on January 1 and ending on December 31 and shall be received by PHCD
no later than 10 days after the year ends. The Final Progress Report submitted by Awardee
shall include a summary of services and accomplishments Awardee performed and
achieved throughout the term of this Agreement and shall be accompanied by sufficient
documentation to show Awardee has met the CDBG National Objective. For Activities
where the National Objective is job creation, the Final Progress Report shall include
documentation sufficient to prove to U.S. HUD that Awardee met the National Objective.
Awardee shall report all Program Income earned during the year and shall pay to the County
all Program Income eamed 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 II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any non-
compliance issues stated in the audit, and a written statement from the Auditor that the audit
complies with all applicable provisions of 24 CFR § 84.26, part 200 and OMB A-133, as may
be amended from time to time, and 2 CFR part 200.
6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure, property
management and procurement policies and procedures, personnel management,
accounting policies and procedures and policies and procedures goveming the federally
Page 7
funded activity, etc. Such information shall be submitted to PHCD within 30 days of the
execution of this Agreement.
7. Inventory Report - The Awardee shall report annually all nonexpendable personal and real
property purchased with CDBG funds from this and previous agreements with the County
as specified in Section II, Paragraph W of this Agreement.
8. Affirmative Action Plan - The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties - At the time of contract execution, or at any other
time at the request of the County, Awardee shall disclose to the County all Related or
Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations,
partnerships, or other business entities (a) which have a direct or indirect ownership interest
in Awardee, (b) which have a parent or principal thereof which has a direct or indirect
ownership interest in Awardee, (c) whose members appointed by Awardee, or (d) which the
County deems in its 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 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 fora 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 Subcontractor(s) shall mean any person or
entity hired by Awardee to perform any part of this Agreement and which shares an owner,
shareholder, officer, partner, member, parent, or principal with Awardee. The Awardee shall
report this information to the County at contract execution or upon forming the relationship,
if after contract execution, any supplemental information shall be reported quarterly in the
required Progress Report. This provision shall be construed broadly to the benefit of the
County. Non-compliance with these requirements will be considered a default, which may
result in the immediate termination of the agreement, the recovery of the entire funding
award, and the disqualification of funding through PHCD for a period of three years.
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12. Pursuant to the Miami -Dade Board of County Commissioners' Resolution No. R-34-15, the
Awardee, its agents and/or representatives, shall provide written notice to the County related
to the availability of rental opportunities, including, but not limited to, the number of available
units, bedroom size, and rental prices of such rental units at the start of any leasing activity,
and after issuance of certificate of occupancy. The Awardee, its agents and/or
representatives shall also provide the County with the contact information for the Awardee,
its, agents and/or representatives.
G. Lobbying Prohibition
1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid,
by or on behalf of the undersigned, to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding of any
federal Agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative Agreement, and the extension, continuation, renewal,
amendment, or modification of any federal Agreement, grant, loan, or cooperative
Agreement.
2. The Awardee shall disclose to PHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan, or cooperative Agreement, on a Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal, State, and County Laws and Regulations
Rules, Regulations and Licensing Requirements
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, Florida
Statutes and any and all other local, State and Federal directives, ordinances, rules, orders,
and laws relating to people with disabilities. The Awardee will also comply with OMB A-
122, OMB A-110, OMB A-21, OMB A-133, and with the applicable procedures specified in
PHCD's Policies and Procedures Manual found at
http://www/miamidade.gov/housing/community-development.asp, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be revised.
2. The Awardee agrees to abide by Chapter II -A, Code of Miami -Dade County ("County
Code"), as amended, applicable to non-discrimination in employment, housing and public
accommodation on the basis of race, color, religion, ancestry, national origin, sex,
pregnancy, age, disability, marital status, familial status, gender identity, gender expression,
sexual orientation, actual or perceived status as a victim of domestic violence, dating
violence or stalking, or source of income, as amended; and applicable to non-discrimination
in employment, housing and public accommodation; and 24 CFR 570.607.
Page 9
3. Awardee shall comply with, and cause all subcontracts to require compliance with, the
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
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 sections11A-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
Page 10
entities do not discriminate in their employment and procurement practices against
minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross annual revenues
to determine the requirement for compliance with the Ordinance. Those firms that do not
exceed $5 million annual gross revenues must clearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and procurement
policy may not be recommended by the County Mayor for award by the Miami -Dade Board
of County Commissioners.
9. Domestic Violence Leave Affidavit - Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award, certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and section 11A-60 of the Miami -
Dade County Code. This Ordinance applies to employers that have, in the regular course
of business, fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or preceding
calendar year. In accordance with Resolution R-185-00, the obligation to provide domestic
violence leave to employees shall be a contractual obligation. The County shall not enter
into a contract with any firm that has not certified its compliance with the Domestic Leave
Ordinance. Failure to comply with the requirements of Resolution R-185-00, as well as the
Domestic Leave Ordinance may result in the contract being declared void, the contract
being terminated and/or the firm being debarred.
10. Code of Business Ethics - In accordance with section 2-8.1(1) of the Code of Miami -Dade
County each person or entitiy that seeks to do business with Miami -Dade County shall adopt
a Code of Business Ethics ("Code") and shall submit an affidavit stating that the Awardee
has adopted a Code that complies with the requirements of section 2-8.1(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
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12. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94-34, "Any individual
who has been convicted of a felony during the past ten years and any corporation,
partnership, joint venture or other legal entity having an officer, director, or executive who
has been convicted of a felony during the past ten years shall disclose this information prior
to entering into a contract with or receiving funding from the County." Failure of the Awardee
to disclose this information as required may lead to the termination of this agreement by
Miami -Dade County.
If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee,
is found by the responsible enforcement agency, the Courts or the County to be in violation
of the Acts, the County will conduct no further business with Awardee. Any contract entered
into based upon a false affidavit, as listed below, and submitted pursuant to this resolution
shall be voidable by the County:
1. Miami -Dade County Vendor Affidavit Form
2. Criminal Record Affidavit
3. Public Entity Crime Affidavit
4. Related -Party Disclosure Information
5. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
6. Affirmative Action Affidavits
7. Current on all County Contracts, Loans, and Other Obligations Affidavit
8. Financial and Conflicts of Interest Affidavit
9. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in
violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327,
42 U.S.C. §§ 12101-12213 and 47 U.S.C. §§ 225 and 611 including Title 1,
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. § 794;
3. The Federal Transit Act, as amended 49 U.S.C. § 1612;
4. The Fair Housing Act as amended, 42 U.S.C. §§ 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 part 6)
Labor standards (24 CFR § 570.603; 29 CFR part 5).
Environmental standards.
National Rood 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.
Page 12
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
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project. The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies concerning
the displacement of persons from their residences.
4. . For each activity or portion of activity described in Attachment A hereto for which
a location has not yet been identified, the Awardee shall obtain, immediately after
a site is identified by the Awardee, 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
Page 13
Awardee shall adopt Affirmative Marketing Procedures and requirements for
CDBG assisted projects. These procedures must consist of actions to provide
information and attract eligible persons from all racial, ethnic and gender groups
to the available services. The Awardee shall annually assess its affirmative
marketing program to determine if the procedures used to comply with the
requirements specified in Public Law 88-352 and Public Law 90-284 successfully
meet these requirements. The Awardee shall submit to PHCD its Affirmative
Marketing Plan no later than 60 days from the date this Agreement is executed.
8. For Housing, Rehabilitation, and Construction activities all conditions in this section
will apply throughout the regulatory period identified in the national objective.
Throughout that period, the Awardee will be required to submit an annual report
regarding their compliance with the national objective, and PHCD will have the
right to monitor the activity.
9. In the event the CDBG funds subject to this Agreement are to be used for the
acquisition or improvement of real property, the Awardee shall also be required to
give the County a mortgage or other sercurity instrument to be determined at the
absolute and sole discretion of the County Mayor or Mayor's designee in order to
secure the loan described in this Agreement.
10. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR § 570.502
11. For Special Economic Development projects, Awardee is reponsible for
understanding 24 CFR 570.209, which describes HUD's underwriting and project
anlaysis requirements. These requirements include, but are not limited to, the
analysis of Awardee's financing gap or rate of return gap, project feasibility, and
the reasonableness of costs and Awardee's or owner's equity 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).
12. If Awardee is a municipality, the Awardee acknowledges that the County will
perform an underwriting and project analysis to determine the financing gap or rate
of return gap, project feasibility, and the reasonableness of costs and Awardee's
or owner's equity return. Awardee agrees to defer to the County's analysis.
Awardee shall have the opportunity to renegotiate this Agreement by modifying the
Activity to improve the Activity to the County's satisfaction or to terminate this
Agreement with each party paying its own costs and fees (as applicable).
I. Conflicts with Applicable Laws
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR part 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
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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 as outlined in 2 CFR
part 200.
3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act (18 U.S.C. §§ 874 et
seq.); Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327 et seq.); and
Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and
other related acts, as applicable.
4. Ensure that its contractors and subcontractors are classifying workers properly for Davis -
Bacon and Internal Revenue Code purposes and that they maintain proper documentation
to support worker classification. In reviewing certified payrolls, the County will be alert to
anomalies, and in such cases will consult with federal agencies such as the Internal
Revenue Service, the Department of Labor and the Department of Housing and Urban
Development.
5. Ensure that all contractors and subcontractors submit all certiied payrolls as required by the
Davis Bacon Act to PHCD through Elations software or any other method as required by
PHCD.
6. Submit to PHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
7. Submit to PHCD all construction plans and specifications and receive PHCD's approval
prior to implementation.
Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre -construction conference. In accordance with industry standards, PHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is determined
by PHCD, in its sole discretion, to be seventy-five percent (75%) completed, At the time that
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
Page 15
g. UCC-1 Rider
h. Title Insurance Policy
10. 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.
The Maximum Total Development Cost will be limited to cost to develop, whether new
construction or substantial rehabilitation, as approved in the Affordable Housing
Guidelines (as may be updated from time to time via a Request for Application), an
approved Credit Underwriting Report, or other such approvals.
11. Awardee shall comply or provide the County with bonds sufficient for the County to comply
with Florida section 255.05, Florida Statutes.
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.
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3. When the requirements of OMB A-133 apply, an audit shall be conducted for each fiscal
year for which federal awards attributable to this Agreement have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation of all program
generated income and its disposition, especially attributable to CDBG funds, an internal
control review, and a compliance review as described in OMB A-133. A copy of the audit
report in triplicate must be received by PHCD no later than six months following the end of
the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the basis
of the Awardee's fiscal year or on the basis of the period during which PHCD-federal
assistance has been received. In either case, each audit shall cover a time period of not
more than twelve (12) months and an audit shall be submitted covering each assisted period
until all the assistance received from this Agreement has been reported on. Each audit shall
adhere to all other audit standards of OMB A-133, as these may be limited to cover only
those services undertaken pursuant to the terms of this Agreement. A copy of the audit
report in triplicate must be received by PHCD no later than six months following each audit
period
5. The Awardee shall maintain all Contract Records in accordance with generally accepted
accounting principles, procedures, and practices which shall sufficiently and properly reflect
all revenues and expenditures of funds provided directly or indirectly by the County pursuant
to the terms of this Agreement.
6. The Awardee shall maintain all Contract Records that document all actions undertaken to
accomplish the "Scope of Services" outlined in Attachment A in this Agreement and in
accordance with 24 CFR §§ 570.506; 570.503.
7. The Awardee shall ensure that the Contract Records shall be at all times subject to and
available for full access and review, inspection, or audit by County and federal personnel
and any other personnel duly authorized by the County.
8. The Awardee shall include in all PHCD approved subcontracts used to engage
subcontractors to 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
Page 17
Any person or entity that performs or assists Miami -Dade County with a function or activity involving
the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or Protected Health
Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA)
of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates
privacy, security and electronic transfer standards including but not limited to:
1. Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non -permitted disclosures;
3. Reporting to Miami -Dade County of any non -permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions and
conditions that apply to the Contractor and reasonable assurances that IIHI/PHI
will be held confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7. Making PHI available to Miami -Dade County for an accounting of disclosures; and
8. Making 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.
Page 18
0. 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 Information
As a political subdivision of the State of Florida, Miami -Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense, the
disclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement, the Awardee will not use directly or indirectly for itself or
for others, or publish or disclose to any third party, or remove from the County's property,
any computer programs, data compilations, or other software which the County has
developed, has used or is using, is holding for use, or which are otherwise in the possession
of the County (hereinafter "Computer Software"). All 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 furnished
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,
Page 19
specifications and other documentation related thereto developed by the Awardee and
its subcontractors specifically for the County, hereinafter referred to as "Developed
Works" shall become the property of the County.
c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The Developed
Works may not be utilized, reproduced or distributed by or on behalf of the Awardee,
or any employee, agent, subcontractor or supplier thereof, without the prior written
consent of the County, except as required for the Awardee's performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary
rights in and to all Licensed Software provided hereunder, that have not been
customized to satisfy the performance criteria set forth in the Scope of Services.
Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its
subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable
and unrestricted right and license to use, duplicate, disclose and/or permit any other
person(s) or entity(ies) to use all such Licensed Software and the associated
specifications, technical data and other Documentation for the operations of the County
or entities controlling, controlled by, under common control with, or affiliated with the
County, or organizations which may hereafter be formed by or become affiliated with
the County. Such license specifically includes, but is not limited to, the right of the
County to use and/or disclose, in whole or in part, the technical documentation and
Licensed Software, including source code provided hereunder, to any person or entity
outside the County for such person's or entity's use in fumishing 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, 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-
469-4126, Lizette.Capote@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
section 119.0701, Florida Statutes. However, where Awardee is a "contractor," as defined
in section 119.0701, Florida Statutes, meaning that Awardee has entered into a contract for
services with the County and is acting on behalf of the County as provided under section
119.011(2), Florida Statutes, 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.
Page 20
Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
iv.
Upon completion of the Agreement, transfer, at no cost, to the County all public
records in possession of the contractor or keep and maintain public records
required by the County to perform the service. If the contractor transfers all public
records to the County upon completion of the Agreement, the contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the contractor keeps and maintains
public records upon completion of the Agreement, the contractor shall meet all
applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the County's
custodian of public records, in a format that is compatible with the information
technology systems of the County.
e. A request to inspect or copy public records relating to this Agreement for services must be made
directly to the County. If the County does not possess the requested records, the County shall
immediately notify the contractor of the request, and the contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
i. If a contractor does not comply with the County's request for records, the County shall
enforce these requirements in accordance with the Agreement.
ii. A contractor who fails to provide the public records to the County within a reasonable time
may be subject to penalties under section 119.10 Florida Statutes.
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.
Page 21
Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions, accounts, records and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report conceming
whether the project is on time, within budget and in compliance with plans, specifications and
applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained
by the Inspector General, the Awardee shall make all requested records and documents available to
the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall
have the right to inspect and copy all documents and records in the Awardee's possession, custody
or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the
Agreement, including, but not limited to original estimate files, worksheets, proposals and
Agreements from and with successful and unsuccessful subcontractors and suppliers, all project -
related correspondence, memoranda, instructions, financial documents, construction documents,
proposal and Agreement documents, back -charge documents, all documents and records which
involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll
and personnel records, and supporting documentation for the aforesaid documents and records.
Independent Private Sector Inspector General Reviews
Pursuant to Miami -Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General (hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County,
the Awardee shall make available to the IPSIG retained by the County, all requested records and
documentation pertaining to this Agreement for inspection and reproduction. The County shall be
responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's
prices and any changes thereto approved by the County, be inclusive of any charges relating to these
IPSIG services. The 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 govemment 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.
Page 22
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,
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 200 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.
Page 23
Non-compliance with the above requirements will be considered a breach of Agreement, which will
result in the immediate termination of the agreement, the recovery of the entire funding award, and
the disqualification of funding through PHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the County,
or of the State of Florida (including elected and appointed members of the legislative
and executive branches of govemment), or a member of the immediate family or
household of any of the aforesaid:
i) is interested on behalf of or through the Awardee directly or indirectly in any manner
whatsoever in the execution or the performance of this Agreement, or in the services,
supplies or work, to which this Agreement relates or in any portion of the revenues; or
ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the
Awardee's knowledge any subcontractor or supplier to the Awardee.
b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or
affiliate of the Awardee 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, comerstones, 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.
Page 24
When the Awardee obtain(s) the building permit(s), the CHMD Project Manager at the Department,
must be notified in order to request the project sign from Miami -Dade County Internal Services
Department (ISD). Within thirty (30) days of the erection of the sign, the CHMD Project Manager will
submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible
for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the
premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or
Certificate of Completion (CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment
for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction, or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas be
provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of govemment 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.
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5. The Awardee will certify that any vacant employment positions, including training positions,
that are filled (1) after the Awardee is selected but before the Agreement is executed, and
(2) with persons other than those to whom the regulations of 24 CFR part 135 require
employment opportunities to be directed, were not filled to circumvent the Awardee's
obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25
U.S.C. § 450e) also applies to the work to be performed under this Agreement. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for training
and employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic
Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and
section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with section 7(b).
8. Fair Subcontracting Policies (Ordinance 97-35)
All Awardees on County contracts in which subcontractors may be used shall be subject to
and comply with Ordinance 97-35 as amended, requiring Awardees to provide a detailed
statement of their policies and procedures for awarding subcontracts which:
a) notifies the broadest number of local subcontractors of the opportunity to be awarded
a subcontract;
b) invites local subcontractors to submit bids/proposals in a practical, expedient way;
c) provides local subcontractors access to information necessary to prepare and
formulate a subcontracting bid/proposal;
d) allows local subcontractors to meet with appropriate personnel of the Awardee to
discuss the Awardee's requirements; and
e) awards subcontracts based on full and complete consideration of all submitted
proposals and in accordance with the Awardee's stated objectives.
All Awardees seeking to contract with the County shall, as a condition of award, provide a statement
of their subcontracting policies and procedures (see Attachment G). The County will not execute this
Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and
Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it appears
to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise
impair the performance of the Awardee's obligations under this Agreement.
W. Property
1. Definitions
a. Property. As defined on page 2 herein.
b. Real Property: Land, land improvements, structures, fixtures and appurtenances
thereto, excluding movable machinery and equipment.
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.
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d. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $750 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of a
structure, facility or another piece of equipment.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or PHCD in whole or in part with CDBG funds received from PHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five (5)
years after the expiration or termination of this Agreement, or for such
longer period of time as determined by PHCD in its sole and absolute
discretion; or
2) Not used to meet one of the three (3) CDBG National Objectives. In the
event the property is not used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement or
such longer period as determined by PHCD, the Awardee shall, in the
sole discretion of PHCD, either pay to PHCD an amount equal to the
market value of the property as may be determined by PHCD in its sole
and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no cost
to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
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.
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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.
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 return of all
such property to PHCD.
X. Program Income
1. Program Income as defined in 24 CFR § 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.
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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 F.2.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 § 570.504. Awardee acknowledges that
the CDBG Regulations require that Awardee spend Program Income before further
CDBG funds are drawn down., Awardee agrees that Awardee shall expend the
Program Income funds prior to seeking payment of CDBG funds from the County.
Twenty percent (20%) of the Program Income Awardee makes, retains or receives
shall be paid to the County on a quarterly basis and reported in Awardee's quarterly
Progress Report. At the conclusion of the contract period or upon termination of
this Contract, Awardee shall immediately pay/return all Contract funds and
Program Income to the County.
c. Should Awardee be granted permission to use Program Income from a revolving
loan activity, Program Income must be used only for the same revolving loan
activity.
d. All Program Income from a revolving loan activity, such as loan repayments,
interest 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
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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 https://www.sam.gov/ Awardee shall
provide to PHCD a copy of the site page that indicates the name and the date it
was checked. Awardee shall further ensure that no contractor, subcontractor, or
assignee is listed on Miami -Dade County's debarred Contractor's List; Awardee
shall, at a minimum, check at htto://www.miamidade.gov/smallbusiness/business-
development-reports.asp to determine if a person or entity is on Miami -Dade
County's debarred contractor's list. Awardee shall provide PHCD with a printout
copy of the site page that indicates the name and the date it was checked.
b. Comply with all CDBG requirements, as applicable, as well as the regulations
specified in PHCD's Policies and Procedures Manual.
c. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval that
the County or PHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible substantive programmatic service, as may be defined by
PHCD, set forth in this Agreement. PHCD shall in its 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.
g.
Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the subcontractor.
The Awardee shall maintain, and shall require that its subcontractors and suppliers
maintain, complete and accurate records to substantiate compliance with the
requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services fumished under this Agreement for a period of three (3)
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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.
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
Page 31
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 subcontractors and suppliers if applicable, 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.
Advance funding is defined as paying for a good or service that has not occurred.
4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms of this Agreement or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that accompanies the action
step chart in the scope of services. Payment is contingent on the achievement by the
Awardee of the quarterly accomplishment levels identified in the scope of services portion
of this agreement — Attachment A, which shall be submitted with all payment requests and
shall clearly identify the completed level of accomplishments met. This shall also apply to
soft costs associated with project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Internal Services
Department. PHCD must receive the final request for payment from the Awardee no more
than thirty (30) calendar days after the expiration or termination of this Agreement. If the
Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
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 retum 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
Page 32
construction completed by Awardee using funds from Awardee's equity contribution toward
the project.
CC. Reversion of Assets
The Awardee shall retum to PHCD, upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property, such reserves shall
not be distributed to any partner or subcontractor prior to repayment to PHCD of the CDBG Loan.
The Awardee shall at the request of the County execute any and all documents, including but not
limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as
required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall
not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be
used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal
counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents, instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
III. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and
conditions contained within this Agreement in an amount not to exceed the appropriated amount as
stated on page 1 of this contract.
IV. THE AWARDEE AND PHCD AGREE:
A. Effective Date
1. This Agreement shall begin on the effective start date as stated on page 1 of this contract .
Any costs incurred by the Awardee prior to this date will not be reimbursed by the County.
2. This Agreement shall expire on the end date as stated on page 1 of this contract. Any costs
incurred by the Awardee beyond this date will not be reimbursed by the County. The term
of this agreement and the provisions herein may be extended by the County to cover any
additonal time period during which the Awardee remains in control of the CDBG funds or
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 I I, Paragraph Y, or provide any type of
assistance or support to the Awardee if this Agreement has expired or been terminated.
Page 33
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 requried herein.
c. Filing of a lis pendens, foreclosure action, or other legal action against the
Property, any property of Awardee or Related or Affiliated Party, or against
Awardee or Related or Affiliated Party which the County determines, in its sole
discretion, threatens the Property or the ability of Awardee to fulfill the provisions
of this Agreement and the services outlined in the Scope of Services.
d. Any arrearage, default, or late payment on any loan, Note or other debt or
obligation for which the Property is security or regarding any property of Awardee
or Related or Affiliated Party, including properties not related to this Agreement.
e. Any legal encumbrance on the Property not permitted in writing by the County.
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.
j•
C. Suspension
Failure to comply strictly with Section W(2)(a)(1)-(2) of this Agreement.
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.
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
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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.
2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all of the activities funded by this Agreement.
3. PHCD will notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include the
reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten (10)
working days notice when PHCD determines that it would be in the best interest of PHCD
and the County. Said notice shall be delivered by certified mail, retum 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 attomey'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
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In the event of a funding short -fall, or a reduction in federal appropriations, or should funds
to finance this Agreement become unavailable, PHCD may terminate this Agreement upon
no less than twenty-four (24) hours written notification to the Awardee. Said notice shall be
delivered by certified mail, return receipt requested, or in person with proof of delivery.
PHCD shall be the final authority to determine whether or not funds are available. PHCD
may at its discretion terminate, renegotiate 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
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
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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 firrn, partnership or other business entity.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a. the difference between the cost associated with procuring Services hereunder and the
amount actually expended by the County for reprocurement of Services, including
procurement and administrative costs; and
b. such other direct damages.
2. The Awardee shall remain liable for any liabilities and claims related to the Awardee's
performance of this Agreement or any breach or default, notwithstanding the expiration or
termination of this Agreement.
3. Seek enforcement of this Agreement including but not limited to filing an action with a court
of appropriate jurisdiction. The Awardee shall be responsible for its own direct and indirect
costs associated with such enforcement, including 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
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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.
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
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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 Agreement's objectives are
classified as noted in the Scope of Services shall not require a Agreement amendment.
H. Compliance
The County shall have the right to inspect, monitor, and inquire of Awardee , at the sole and absolute
discretion of the County, remain in effect during any period that the Awardee is obligated to complete
a National Objective or has control over Agreement funds, including Program Income, in order to
ensure compliance with the CDBG Regulations. However, the County shall have no obligation or
responsibility to make any payment or provide any type of assistance or support to the Awardee if
this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall
only be valid when they have been reduced to writing, duly approved and signed by both parties and
attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
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
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All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
TO AWARDEE: City of Opa-Locka
780 Fisherman Street
Opa-Locka, FL 33054
Attn: Airia Austin, Public Works/CIP Director
TO COUNTY: Miami -Dade County
111 N. W. 1st Street
Miami, Florida 33128
Attn: Morris Copeland, Chief Community Services Officer
COPY TO: Public Housing and Community Development
701 NW 1st Court, 14th 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 Manager
COPY TO: Assistant County Attorney
County Attomey'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.
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P. Third Parties
This agreement is intended for the sole and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that many of the obligations in this agreement, including but not limited to
Awardee's obligation to indemnify the County, maintain Contract Records, and provide sufficient
evidence of CDBG Regulation compliance for the duration of the period in which Awardee is obligated
to meet a National Objective or has control over CDBG funds as well as the County's right to inspect
and monitor the Project and Awardee for complaince with the HOME Regulations, will survive the
term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee
and the County under this agreement, which by nature would continue beyond the termination,
cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof.
R. Autonomy
The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no
affiliation between the contracting parties. It is expressly understood and intended that the Awardee
is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the
County.
The Awardee is, and shall 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
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Commissioners, the SLR amount shall prevail and the amount of CDBG funds described in this
Agreement shall be subsequently reduced. "Gap" financing means the difference between the
amount of financing available for the Project from other sources and the total project cost. In the
event Awardee applies for and is awarded by the Board of County Commissioners ("BCC") additional
funding for the same Project, as described in this Agreement, a separate Agreement or amendment
to this Agreement must be negotiated and executed between Awardee and the County Mayor or
Mayor's designee. Any differences between the terms and conditions set forth in this Agreement and
the subsequent funding award shall require a negotiation between the Parties in order to resolve
those differences. Awardee understands and acknowledges that changes to the Project or Activities
described in this Agreement may not be accomplished by applying for and being awarded
subsequent funds by the BCC. In the event that Awardee applies for and is awarded by the BCC
funding for an additional phase of the same Project, a separate agreement must be negotiated and
executed between the Parties. Under no circumstances shall Awardee assert that a 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 govemed by chapter 607, Florida Statutes, particularly
sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
X. Miami -Dade County Implementing Order: 10 4-132 will apply to this Agreement. This Implementing
Order requires the County to charge Awardee applicable fees as outlined below:
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT SERVICE RATE SCHEDULE
Fee Name
Proposed Fee (FY 2020 — 21)
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
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS THEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as
duly authorized, this day of 2021.
AWARDEE
City of Opa-Locka
By:
Witnesses:
By: By:
Type or Print Name Type or Print Name
Date: Date:
Resolution #: R-1118-20
Awardee's Fiscal Year Ending Date:
Federal ID Number: 59-6000394
CORPORATE SEAL
[County Signature on Following Page]
Page 43
ATTEST: MIAMI-DADE COUNTY, FLORIDA,
A political subdivision of the State of Florida
HARVEY RUVIN, CLERK
By: By:
DEPUTY CLERK Daniella Levine Cava
Mayor
Date: Date: