HomeMy Public PortalAbout11-8200 Segal Park Rehabilitation Sponsored by: City Manager
Resolution No. 11-8200
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY
HOUSING AND COMMUNITY DEVELOPMENT GRANT
AWARD,IN THE AMOUNT OF SIX HUNDRED AND FIFTY
THOUSAND DOLLARS ($650,000.00) FOR THE SEGAL
PARK REHABILITATION — HELEN MILLER CENTER
PROJECT, FOR THE CONTRACT PERIOD OF MARCH 1,
2011 TO FEBRUARY 28,2013,IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Segal Park Rehabilitation-Helen Miller Center Project is a comprehensive
improvement plan to renovate and rehabilitate the Helen Miller Center building; and
WHEREAS, Miami-Dade County Board Of County Commissioners approved Resolution
#R-980-10 and Resolution#R-67-11 for Segal Park Rehabilitation—Helen Miller Center Project;
and
WHEREAS,the County has appropriated$650,000.00 from the Community Development
Block Grant Program for FY 2011for this project; and
WHEREAS,The City Commission of the City of Opa-locka desires that the City Manager
accept the HCD-CDGB Grant Award for renovation of Segal Park Rehabilitation - Helen Miller
Center Project and execute a contract agreement between the City of Opa-locka and the Miami-Dade
County Department of Housing and Community Development.
Resolution No. 11-8200
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to accept the Miami-Dade County Housing And Community Development Grant
Award, in the amount of Six Hundred and Fifty Thousand Dollars ($650,000.00), for Segal Park
Rehabilitation—Helen Miller Center Project, for the contract period of March 1, 2011 to February
28, 2013, in a form acceptable to the City Attorney.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 23rd day of March, 2011.
7
RA TA LOR
MA OR
Attest to:
Deborah S. Irby
City Clerk
Approved as to form and legal sufficiency:
,A.,1 1
Jos; S. G ler
C Ti Attorn
Resolution No. 11-8200
Moved by: COMMISSION HOLMES
Seconded by: VICE MAYOR JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Miller: NOT PRESENT
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
issioner Gail Miller
FROM: Ate;Pat son City Mana r
DATE: March 17, 2011 ,
RE: Acceptance and Authorization to accept the HCD-CDBG grant award for
Segal Park Rehabilitation—Helen Miller Center
Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA AUTHORIZE ACCEPTANCE OF THE MIAMI-DADE
COUNTY HOUSING AND COMMUNITY DEVELOPMENT GRANT
AWARD, IN THE AMOUNT OF SIX HUNDRED AND FIFTY THOUSAND
DOLLARS ($650,000.00) FOR THE SEGAL PARK REHABILITATION —
HELEN MILLER CENTER PROJECT FOR THE CONTRACT PERIOD OF
MARCH 1, 2011 TO FEBRUARY 28, 2013, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY.
Description: Miami-Dade County Board of County Commissioners approved the agreement on
October 5, 2010 through Resolution #R-980-10 and on February 1, 2011 through
Resolution # R-67-11 for Segal Park Rehabilitation — Helen Miller Center Project.
This request is for authorization to accept the CDBG funds awarded for FY 2011 and
for this project to accomplish the renovation of Helen Miller Center and to execute
the contract agreement between the City of Opa-Locka and the Miami Dade County
Department of Housing and Community Development.
Financial Impact: No fiscal impact, one hundred percent of the proceeds are Grant dollars.
Implementation Time Line: Legislation effective immediately from the date of adoption.
Legislative History: None
Recommendation(s): Staff recommends the adoption of the Resolution to authorize the acceptance
of the CDBG award and further to authorize the City Manager to enter into
and execute the necessary agreement, in a form acceptable to the City
Attorney.
Analysis: The Segal Park Rehabilitation — Helen Miller Project is a comprehensive
improvement plan to rehabilitate of existing building.
ATTACHMENT(S): Copies of the Miami Dade County Contract and Resolutions.
END OF MEMORANDUM
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in
Florida", issued by the State of Florida Department of Insurance and are members of
the Florida Guaranty Fund.
Certificates of will indicate that no modification or change in insurance shall be made without thirty (30)
days in advance notice to the certificate holder.
•
ATTACHMENT B-2
Community Development Block Grant(CDBG) Program
A. Schedule of Units — For Awardees undertaking the development of for-sale ownership or
rental housing, the description of the proposed units to be completed is as follows (to be
completed by Awardee):
•
Schedule of Units
Unit Total Number Total Number
Square Sales Price/ %of
Description of Units
Set-Aside Units Feet Net Rent Amount
AMI
Efficien /Studio
t Bedroom/1 Bath
2 Bedroom/1 Bath
2 Bedroom/1.5 Bath
2 Bedroom/2 Bath
3 Bedroom/1 Bath
3 Bedroom/1.5 Bath•
3 Bedroom/2 Bath
4 Bedroom/2 Bath
4 Bedroom/2.5 Bath
Other $
For Awardees undertaking rental housing, the Awardee agrees with respect to the
Development for the period beginning on the date of recordation of the Mortgage and
Security Agreement securing the DHCD Loan, that:
a. The Awardee shall designate and set-aside units moderate income families in the configuration as described ine the Schedule of Units
referenced herein.
b. At the very minimum, the Awardee shall be required to equip each unit with the
following: refrigerator, oven, carpeting/tile, and central air conditioning.
c. -Each unit shall meet the energy efficiency standards promulgated by the HUD Secretary.
d. The.Awardee must verify that all households assisted have annual incomes that do not
exceed 80% of the Area Median Income (AMI). The awardee must report to DHCD the
number of set-aside housing units completed and occupied, including demographic
information on each head of household. p
i
s.
1
B. AWARDEE OBLIGATIONS AND DUTIES
1. The Awardee shall begin construction no later than twelve (12) months after
execution of the 2010 RFA Funding Agreement. All construction shall be completed
within twenty-four (24) months of execution of the Agreement. Construction is
completed when a Certificate of.Occupancy(CO) is issued.
2. The Awardee shall submit to DHCD, in writing, all requests for project construction
start-up and completion extensions, including a revised timetable for completion of
the project. Such written requests must be submitted to DHCD at least sixty (60)
days prior to the expiration date of the contract or amendment. If the extenion
request is not timely submitted, the funding award shall be automatically forfeited by
the Awardee.
3. The AWardee shall obtain prior written approval from DHCD before undertaking any
and all changes to the project, including, but not limited to changes in the proposed
unit sales prices or rents (as applicable), start-up and completion date extension
request, unit set-aside, floor plans and amounts to be contributed towards vlos;ng
The Awardee shall send DHCD notice of such changes within thirty (30)days of ar,,;
such increase.
4. The Awardee shall execute a Regulatory Agreement, Note, and Mortgage
-
delineating a set-aside of units that is proportionate to the level of funding ,recej'(
pursuant to the funding sources.
5. The Awardee shall forward to DHCD within fifteen [15] days of execution of this
contract an Affirmative Marketing Program to attract and identify prospective
or homebuyers (as applicable), regardless of sex, of all minority and majority groups,
to the Project, particularly groups that are not likely to be aware of the Project. The
Marketing Plan should include efforts designed to make such persons/groups=,wr91-
of the available housing, including, but not limited to the following activities-
Submit proof of advertising in The Miami Herald, Diario Las Americas and IliYi'n'i
Trines, in an effort to afford all ethnic groups the opportunity e
housing..,,. The Awardee shall P pPort P ity to obtain affordable
including advertising Multiple Listings Service (MLS) thrroughma marketing
licensed k'-
estate professional.
6. The Awardee shall provide DHCD with a complete set of permitted plans, approve
specifications, and permits for each building or unit model, as applicable, _por'
approval by the appropriate controlling municipality prior to comrnencisc
construction.
7. The Awardee shall provide to DHCD for approval
contract for the Development, the name of the General Contractor awarding the constr ciiLr,
8. Prior to the commencement of construction, the Awardee shall provide to DHCD the
General Contractor's Payment & Performance Bond (P&PB). At DHCD's discretion,
based on the Awardee's organizational capacity, track record, and experience, an
irrevocable Stand-by Letter of Credit may be accepted in lieu of the P&PB. in such
event, the Letter of Credit must be issued by a Florida chartered bank or national
bank operating in Florida in the amount of ten percent (10%) of the construction
contract amount, in US funds,with Miami-Dade County listed as the beneficiary.
2
9. The Awardee shall schedule a Pre-Construction Conference with DHCD at least sixty
(60)days prior to the commencement of construction.
10. The Awardee shall provide DHCD with a written commitment for construction
financing from a financial institution(s) at the time of construction loan closing.
11. The Awardee agrees to notify DHCD in writing within fourteen (14) days of any key
personnel or location changes in the management company.
12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance in
the name of the Awardee or the licensed design professional employed by the
Awardee in an amount of not less than $250,000, and shall.furnish to DHCD the
relevant Certificates of Insurance evidencing the prescribed insurance coverage in
accordance with ATTACHMENT B-1 of this contract.
C. DHCD OBLIGATIONS AND DUTIES
1. DHCD shall manage its own disbursements and act as the disbursement agent for
all construction loan funding draws.
2. DHCD will monitor the project for adherence to plans, unit layout and deadlines for
project completion in accordance with the Contract and the Scope of Services.
3. DHCD shall forward to the County's Risk Management all required and applicable
Certificate(s)of Insurance.
4. DHCD shall disburse the awarded funding only after the Awardee closes on the
construction loan, all required loan documents have been recorded, and the
Awardee has timely submitted funding draw requests and relevant invoices in the
prescribed manner and as satisfactory to DHCD.
5. DHCD shall notify the Awardee of anyy address/location changes to DHCD's contact
information within forty-five (45) days of its occurrence.
D. NATIONAL OBJECTIVE
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall
be required to achieve the national objective of Benefit to.Low and Moderate Income
Persons or Households (LMI). For activities designed to meet the LMI national
objective, the Awardee shall ensure and maintain documentation, acceptable to DHCD in
its sole discretion that conclusively demonstrates that each activity assisted in whole or in
part with CDBG funds is an activity that provides benefit to persons where no less than
51% of those benefitted are low- and moderate-income persons with household incomes
at or below 80%.of Area Median Income (AMI), as further defined in the chart below:
3
Miami-Dade County: HUD 2009-—50%and 80%of AMI Income Thresholds
(NOTE: Income Limits subject to change annually) by Household Size
1 Person 2 Person 3 Person 4 Person 5 Person 6 Person 7 Person 8 Person
23,600 26,950 30,350 33,700 36,400 39,100 41,800
44,500
:);A: X11 37,800 43,150 48,600 55,950 58,250 62,600 66,900
71,200
Source: http://wwwhuduser.org/publications/commdevl/nsp.html
The Awardee ma achieve the LMI national ob'ective b
fa undertakin. activities that
rims LMI ca a
ll under one of four 4 ories:
1- To benefit Low Mod Area (LMA)
For activities designed to meet the LMI national objective category of Low Moderate
Area Benefit (LMA), the Awardee shall ensure and maintain documentation
acceptable to DHCD in its sole discretion that conclusively demonstrates that each
activity assisted in whole or in part with CDBG funds is an activity that provides
benefit to residents in a particular area, where at least 51% of the residents are LMI
persons.
The service area of the activity must be primarily residential and the activity
meet the identified needs of LMI persons. A service area is considered to meet m the
test of being LMI if at least 51% of the persons residing in the service area are low-
to moderate-income, as determined by:
a. the most recently available decennial Census information, together
•
Section 8 income limits that would have applied at the time the income
information was collected by the Census Bureau; or g with the
b. a current survey of residents of the service area.
If the proposed activity's service area is generally the same as a census tract
block group, then the Census data may be used to justify the income characteristics
of the area served.
2. To benefit Low Mod Limited Clientele(LMC)
For activities designed to meet the LMI national objective category of Low-Moderate
Limited Clientele (LMC), the Awardee shall ensure and maintain documentation
acceptable to DHCD in its sole discretion that conclusively demonstrates that each
activity assisted in whole or in part with CDBG funds is an activity in which no less
than 51% of the beneficiaries of the activity are LMI persons. Activities i
category provide benefits to a specific group of persons rather than eve ry o in thne in an n
n
area. It may benefit particular persons without regard to their residence, or it may b
e
yI
4
an activity that provides a benefit to only particular persons within a specific area.
With respect to determining the beneficiaries of activities as LMI and qualifying under
the limited clientele category, activities must meet one of the following tests:
a. Benefit a clientele that is generally presumed to be principally LMI. This
presumption covers abused children, battered spouses, elderly persons, severely
disabled adults, homeless persons, illiterate adults, persons living with AIDS and
migrant farm workers; or
b. Require documentation on family size and income in order to show that at least
51% of the clientele are LMI; or
c. Have income eligibility requirements limiting the activity to LMI persons only; or
d. Be of such a nature and in such a location that it can be concluded that clients
are primarily LMI.
3. Low Mod Job Creation or Retention Activities (LMJ)
The job creation and retention Low Moderate Job (LMJ) benefit national objective
category addresses activities designed to create or retain permanent jobs, at least
51% of which, computed on a full-time equivalent basis, will be made available to, or
held by, LMI persons. For Awardees undertaking activities to create jobs, there must
be documentation indicating that at least 51% of the jobs will be held by, or made
available to LMI persons. For Awardees undertaking activities that retain jobs, there
must be sufficient information documenting that the jobs would have been lost
without the CDBG assistance and that one or both of the following applies to at least
51% of the jobs:
a. The job is held by a LMI person; or
b. The job can reasonably be expected to turn over within the following two years
and steps will be taken to ensure that the job will be filled by, or made available
to, a LMI person. For the purpose of determining if the preceding requirements
are met, a person may be presumed to be LMI if:
I. He/she resides in a Census tract/block numbering area that has a 20%
poverty rate (30% poverty rate if the area includes the central business
district); and the area evidences pervasive poverty and general distress; or
II. He/she lives in an area that is part of a Federally-designated Empowerment
Zone(EZ) or Enterprise Community(EC); or
III. He/she resides in a Census Tract/block numbering area where at least 70%
of the residents are LMI.
4. Low Mod Housing Activities(LMH)
The housing category of LMH benefit national objective qualifies activities that are
undertaken for the purpose of providing or improving . permanent -residential
structures which, upon completion, will be occupied by LMI households. In order to
meet the housing LMI national objective, structures with one unit must be occupied
by a LMI household. If the structure contains two units, at least one unit must be LMI
occupied. Structures.with three or more units must have at least 51% occupied by
LMI households.
5
a. Rental buildings under common ownership and management that are located on
the same or contiguous properties may be considered as a single structure.
b. For rental housing, occupancy by LMI households must be at affordable rents as
established annually by the U.S. Department of Housing and Urban Development
(HUD) and consistent with standards adopted and publicized by DHCD.
The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall
carry out each activity in compliance with all applicable federal laws and regulations
described therein. If the Awardee is a primarily religious entity, it shall comply with all
provisions of 24 CFR 570.200 (j).
For Housing, Rehabilitation, and Construction activities, all conditions in this section will
apply throughout the regulatory period identified in the national objective. Throughout
that period, the Awardee will be required to submit an annual report regarding its
compliance with the national objective, and DHCD will have the right to monitor the
activity.
The Awardee shall comply with all applicable uniform administrative requirements as
described in 24 CFR 570.502.
6
-t. ,nent C
:,
QUARTERLY EXPENDITURE AND
PliAtit.OAD. E
PROGRESS REPORT-FY 2010
COUNTY•
k4agitTEZZat 0 1 s I Quarter[Jan-Mar] D 2nd Quarter 1Apr-Jun] 111 al Quarter Pul-Sept] D 4th Quarter(Oct-Dec]/Annual Report
7: ,,:difIV;Vite21:17713*,-ire3S-T-RICCI*!:::.4t-W4,001. - 7,77,7,.:7f7.-717k7.71:',77.7.-7:
Recipient Name(Organization):
Contact Person(Name&Title):
Telephone Number:
Activity Name(Project Title):
Activity Address:
Activity Desc,ription:
Activity ID#• Index Code: Funding Source: Funded Amount: $
____________
____________________
Activity Category: 9 Administration r=1 Capital Improvement 0 Economic Development D Historic Preservation D Housing 9 Public Service
Objective: [1]Create suitable living environments 0 Provide decent affordable housing 0 Create economic opportunities
Outcome: CI Availability/Accessibility 0 Affordability 9 Sustainability
r%77.7.__ .. .NigrNaiiM,LIV- : iigi7.4:'.7- ntf-Mfji=Pt:;5:'kt.:-RM:.-Fel'slWFirTt-VV:_ -e:gillit7:7:77;f:'L_:-...:,
A 8 C D E r G H
TOTAL , ACTUAL
PROJECTED
REIMBURSED ' CUMULATIVE PROJECTED
APPROVED
• CUMULATIVE -
CATEGORY
EXPENDED EXPENDITURES CUMULATIVE PERCENTAGE EXPENDITURES
BUDGET
CUMULATIVE
EXPENDITURE
[This Ouarterf
'Through end of ihe quarter/ ' 113 8 DI Next(Wader'
(Through end of this quarter/
113y end of Contract Period/
Personnel $ ____________________
11111.1111111111111 $ -- ------
$
___ Imti_m_ii_m_i i _ . ________i,______......11.1.
. Contractual $
______________________ __________________________ _ ____________________ __________
Operating Costs $ C11111111111111$
$
CIIIIIIIIIIII
Commodities $
$
Capital Outlay $
_ _ _ 1.111111-- ---$-
TOTAL $ _____ _________ ___________________________
___
'rogram Income•The disposition of Program Income not speck*listed in the approved Program Income budget requires prior written approval from DHCD.
I.Does this activity-generate Program Income?1:1 Yes ID No 2.If yes indicate the amount generated this quarter. $
I.If yes.was written approval granted by DHCD to use the Program Income generated from this activity?El Yes D No OTITA--------
It yes.@attach copy of approval letter and related documents.If no a written request for approval to use the Program Income must be submitted to DHCD-or-a check payable to Miami-
Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract.• Check Attached?(3 Yes El No 0 NIA
....•.':..;
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1.Activity Status: D Cancelled D Underway 0 Completed 2_Environmental Status:0 A=Exempt 0 C=Completed El D.--Underway -
3.Is this activity still-in compliance with the original project schedule? D Yes 0 No
--
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•
QUARTERLY EXPENDITURE
.
m.lArli:DAOE
PROGRESS REPORT. F
COUNTY
tiggErV_ML,_,W616?A:t2igafig ',:eZif4rettitagadilrlAW:147K 'N'25-4,47,,i, -;:a1- 1Tii..1-R',14,--.4:V.,-3'44,:.-.4,:-..-, ,,•.., --::7f•J,
r•-•,.. ,,..,.. .- -. .. .--...., ,,,,:,t,L,Irit., 13A,2„.‘...:41..,,,,,,4,,,J,--,----Xule.L... '-,°). ...=...----^:-,-4^,.... -',,,' - ... • -,,--r,-;-%-:4,041%"•11,-"nir.TAW'15S441 :-=','11,:(e-;.-- ''' -'-',' _ s_:::_
4 poi5 #07ittia-!44, 1Varticy: 71 f.,,.. .*:-,.•-.., . ,...• , ,egitof...-6.7ftet:os:taikeTeeluita,=:....i:E,
_________
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Accomplishment Type: 11 People foil 0 Households 1041 0 Businesses[08] D Organizations(09] Ei Housing Units 001
El Public Facilities fl 1] Ill Jobs 1131
National Objective: 0 Area Wide Benefit[e.g.LMA,LMAFI,LMASA,SBA] -or- 0 Direct Benefit[e.g.LMC•LMH,LMJJ
'.:4-orari ,t3,W.; i-176:1WW, :,•i_;L.::-.-:1: .t$. ,44, ---,:iki, -41-11:166,,,w,t,:, .
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Owner Rental ] Buyer
• Total 3 .i Total i Female
F-------1-1
I Total People: Mod, -, -I LOV, i',I,,,i i leaded
j______
i :I, .1 Households ;
.projected Goal I q i i ..- Th__ ___-_
._... _ ........_._._... -i. ,_ . I ________ -- __.' - • f Projected Goal i -i 1
I I--— , 1
:Actual This QUarter* 1
, —_ _ _ i
_-_.-----4-_,----i Actual This Quarter* ;1..
i , . 1
A
I
Actual Cumulative I -,. 1
_...._.......__...__g. i I .1 ---....- •- - -- ; Actual Cumulative
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--
•*Supplemental Form 0 Required-Attached Y/N:
• - - ;*Supplemental Form 0 Required-Attached Y I.
N: ;
(1)Performance&Benefit Data:Housing
• •• •--—"-- -------—- • •••t------ ------. . --.—__________:, (1)Performance&Benefit Data:Public Service&Administration D-or-
Note:HOME funded projects must submit applicable activity set-up form. : -..------- --=-----
. _
. ------ (2)Performance&Benefit Data Capital Improvement&Public Facilities n
'(3)Performance&Benefit Data:Housing 0
- -
•..
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Jobs Created i p
,, : Jobs Retained
: FT Jobs I:Low/Mod t•
1_311/iecte.c_ G_
PT Job iLow 1 Mod Total t ' FT Jobs 1:Low/Mop i :is Lo w/
Mo: I l o l Tot:2:
'Actual __itarter. : ! I I: --,' ;
I ,
i• 1: r. i
"-_________1
.----
.,Actual Cumulative I: • i ,' i I I: [ I.
. __ ..._ _..__. _ . ._ _. .. . . . ....._. . _. __. . .. . .. -, - •
.*Supplemental Form kg Required-Performance&Benefit Data:Economic Development-Attached Y/N: I
PERFORMANCE CERTIFICATION: El This certifies that No Accomplishments occurred during this Quarter. iiliti,
I
NOTE Submittal of Supplemental Form-Performance&Benefd Data is not required at this fime based on the certification that no accompfishments occurred during 3*quarter
CERTIFICATION
This is to certify that the data and other information provided in this Report is correct,based on official accounting system and records,and that expemitures and obligations shown have
been made for the purpose of and in accordance with appficable Terms and Conditions of the Contract and Funding Requirements,
Report Prepared by
Title:
Date:
Print Name
Signature ure of Certifying Official: . . The: .
Date:. .-. . • . .
--------
0100.0.40/01W:41.3.:A:;;_:-14--.=:fa:: :aii;f2;i:::::4:4'::::07:-.F.-,:ii:.L.-:t.c:f:::•.:fz'„igi--:..-'••=-:'2..r:rz.i.:t-..-.:.''.,;::•• Activity ims Nuntei:
Report 0 is/0 is not complete • Report 0 is;Ell is not accurate . Initial review for completeness and accuracy coMpleted by:
'Name
• Date: Name:
— Date:
Coni------r---------____acts -
T Lead-----e-----a .
Performance&Benefit Data: Capital Improvement& Public Facilities
MIAMI DAD.iE Supplement to Quarterly Expenditure and Progress Report ■ FY 2010
COUNTY
Recipient Name:
Activity Name:
cam:;..::,.,,,•...=-.s "�oi#irigPeio#`<y... ���z=�y
Activity ID#: Activity Category 1�Quarter[Jan Mar] 111
2 Quarter[Apr-Jun] ❑
HUD Activity Matrix Code: Accomplishment Type: 3'd Quarter(Jul-Sept] ❑
HUD Matrix Code Description: 4d,Quarter[Oct-Dec]/Annual Report Li
❑Acquisition/Disposition t •9 j�j�aS�$�T��13t1'S'.
❑Structures •
❑Parcels it of Structures
❑Clearance/Demolition ❑Structures •
❑Parcels #of Parcels
❑Street Improvements Persons Served • Low&Moderate Income
#of Facilities
❑Public Facility/Type: Persons Served •Low&Moderate Income
❑Building/Type: Facilities•Persons Served •Low/Mod Income #of Persons Served
_#of Low/Mod Income
❑Other Capital Improvement/Type:Indicate bekwl Persons Served • Low&Moderate.Income
k z
Instructions Applicability: or
Applicabi4ty:National Objectives include LMA,LAC,LtvIH,SBA,SBR,SBS or URG
1.Total benefiting for program year: 2.Counts by Households(H)-or-Persons(P):
3_Of those assisted,enter the number that:
a)Now have new access to this service or benefit
b)Now have improved access to this service or benefit
c)Now receive a service or benefit that is no longer substandard
Total
d)Now have new access to this type of public facility or infrastructure improvement
e)Now have improved access to this type of public facility or infrastructure improvement
f)That are served by a public facility or infrastructure that is no longer substandard
Total
g)Homeless persons given overnight shelter
h)Number of beds created in overnight shelter or other emergency housing
•
DIRECTrBENEFIT`INFORMATION
RACE!ETHNIC CATEGORY
instructions:Indicate the total number of households or persons served in each Racial Category for this
number depicted in each Racial Category.indicate the numbers that am of Hispanic period and the ulati e total.
. From the total
�sPaoic Ethnicity for this reporting period and the ciuiwlative.total
RACIAL CATEGORIES '� � �'s�-�- '�` in��'���� �:•-c �•�r
Racial Categories Ethnic Category Racial Categories Ethnic Category Number Number Hispanic `gan'
White 1111
P � Total Number Number Hispanic
Black/African American[12)
Asian[13]
American Indian/Alaskan Native[14]
-Native Hawaiian/Other Pacific Islander[15J
American Indian/Alaskan Native&White[161 •
Asian&White
Black/African American&:White[18]
•
American Indian or Alaskan Native&Black/African(19)
I.Other Multi Radat[20]
J Totals
Perfotmaz ce&Benefit Data Capital Improvement&Puhfr_Faeamioe n a»to not 1.1
Performance&Benefit Data: Capital Improvement&Public Facilities
MIAMI-DAD. Supplement to Quarterly Expenditure and Progress Report• FY 2010
COUNTY
?-:M ��i' "- �.a``�3- "3���`�Prr-�, �^�y�.� p K� CIy (�{ pig �"
'i..H` . .-,�.,:'£' a:.c'- '"jf.,,..t 6f-*t:F;:f .^` �.`f t - Alti 'rte`' W.: E 3° '._r
DIRECT BENEFIT BY INCOME CATEGORY u
REPORTPERIpQ70TAL5:: CUtNULA7IVE:TOTA[S:' OTHER DIRECT BENEFIT INFORMATION
Income Categories REPORT�PERIODTOTAES" ..CUMULATIVE:TOTALS,
Total Number Total Number Other Categories
Extremely Low(30%or less) Total Number Total Number
Low(31%-50%) Total#Benefiting
from the Activity
Moderate(51%-80%)
Non Low/Mod(81%or greater) #of Female
Headed
Totals Households
Census(C)or Survey(S)Data Used: If(S),enter#of Low/Mod&Total Population:
Total#of Low/Mod in Service Area: Total Low/Mod Universe Population in Service Area:
Percent of Low/Mod in Service Area:
Census Tract: Block Groups:
Census Tract: Block Groups:
Census Tract: Block Groups:
z= .cr.� 4 5 �_ a �`? g - �y j�?�f}�s _(�{ ` y
.._,v��,- -. . ! ir?s..:. �'��� ,.�.:� .7�S .f:+k:-���`t�.!�+�`i� 5 Y47�t13 � •va ".i�� ..h - s
$ 1.CDBG Funds $
S.Other Federal Funds
$ 2_HOME Funds $
$ 6.Stale/Local Funds
3.ESG Funds $
7.Private Funds
$ 4.Section 108 Loan Guarantee $
8.Other:
$ Nate d F Source
Total Funds
_ti#.fift _y'tti? a-6, ,2� r n rt _
�t�` air F
�� P 9 �tl� �
�k�s�- t-..,c�,c-Ry�,.b ���,i�i,�`��;;}�.��sF��`? � �e•ems
Report Prepared byr rLr
Narne
Title: Date:
Signature of Certifying Official:
' Title: Date:
•
Attachment T)
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD)
INFORMATION FOR ENVIRONMENTAL REVIEW FORM
INSTRUCTIONS: Per 24 CFR Part 58,the purpose of the environmental review procedures is to
foster the implementation of environmentally compatible activities. As a grant or loan recipient,
Miami-Dade County will not fund projects that will negatively impact clients, communities., or
the environment.
Part I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
❑ CDBG ❑ HOME
El HOMELESS(SRO/SHP) EDI ❑ HOPE VI
❑ NSP
❑ CDBG-R
2. Indicate Fiscal Year: FY 20
3. Name of Subrecipient/Agency:
4. Name of Proposed Activity:
5. Location (Address with City,ST and Zip)of Activity or Project:
6. Site Folio Number(s):
7. Commission District(s):
8. Direct Contact information of loan/grant recipient:
Name:
Address:
City: I State: I Zip:
Phone: ( Fax:
9_ Detailed deception of activity or project Form Rev hed;uystzoos
10. What is the purpose of the activity or project? For example, Public Service, Economic
Development, Historic Preservation, Capital Improvement, Housing, etc.
11. What is the status of activity or project? For example, Pre-Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed, etc.
Part II. PROJECT OUTCOME
Will the activity or project result in the following?
YES NO
1. Change in use
2. Sub-surface alteration(i.e.excavations)
3. New construction
4. Renovation or demolition
5. Site improvements(utilities,sidewalk,landscaping,storm
drainage,parking areas,drives,etc.)
6. Building improvements(windows,doors,etc.)
7. Displacement of persons,households or business
8. Increase in population working or living on site
9. Land acquisition
10. Activity in 100-year floodplain
11. A new nonresidential use generating at least 1,375,000 gallons of
water or 687,500 gallons of sewage per day.
12. Use requiring operating permit(i.e.for hazardous waste,
pretreatment of sewage,etc.)
13. A sanitary landfill or hazardous waste disposal site
14. Tree removal or relocation
15. Street impovements
16. The impounding of more than 10 acre feet of water(e.g.digging a
lake or diverting or deepening of a body of water).
Part HI. SITE SPECIFIC.INFORMATION
2
1. Land Use:
Describe the existing and proposed land use:
• Existing?
• Proposed?
2. Site Plan:
Does the proposed activity include a new structure(s) or site improvements on a site of one(1)
acre or more?
❑ YES ❑ NO
If yes, a site plan must be provided. Project(s) will not be environmentally reviewed without a
site plan.
3. Photographs:
Does the activity include new construction, renovation or rehabilitation?
❑ YES ❑ NO
If yes, photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. In addition, provide for each existing structure on the site, the following
information:
• Existing structure(s)on site? ❑ YES
❑ NO
• Estimated age of structure(s)?
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
•
YES . fl NO
if yes,what is the estimated cost of rehabilitation or renovation?
3
What is the amount sought for funding?
In addition, indicate if the estimated value of the improvement represents:
[1 0 to 39.9 percent of the market value of the structure(s)
[1 4- 0 to 49.9 percent of the market value of the structure(s)
[1 5- 0 to 74.9 percent of the market value of the structure(s)
n 7- 5 percent or more of the market value of the structure(s)
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, rriaio;
renovations of 75% or more of the structures' market value, or a securing of a Ica; f(y.-
nonresidential parcel?
❑ YES ❑ NO
If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County mtp.,d r e
submitted to determine the likely presence of either a release or threatened rele,:7F
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a histcr,
ownership, land use and zoning for the last 50 years; researching environmental rec rc s
information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities arid
underground storage tanks (available through the Department of Environmental Regulal,io i;
and Management (DERM), Florida Department of Environmental Protection (FDEP) ';.
Environmental Protection Agency (EPA)); and site inspection for physical era,;,
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed? ❑ YES
[-) NO
6. Environmental Health Information:
• If a residential site, and the activity includes or involves rehabilitation, has it been insoe0e
defective paint surfaces?
[ 1 YES [l NO
If yes,please submit the results.
• Have any child under the age of seven at the site been tested for elevated levels of lead in the
body?
F1 YES ❑ NO
If yes,please submit the results.
7. Other Site Information:
4
YES NO
1. Flood insurance required?
2_ Public water available on site?
3. Public sewer available on site?
4. Children under 7 years of age residing on
site or relocating to site(including day care facility)?
5. Hazardous waste disposal facility?
6. Storage of hazardous materials on site?
7. Abandoned structure(s)on site?
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget
describing the major components of the rehabilitation program planned, and a photograph of the
property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I clearly
understand that any omitted and/or incorrect information will delay the initiation of the
environmental review process by the DHCD staff. As such, I am aware that omitted information
could delay the commencement of my organization's project. I understand all approved
environmental reviews are valid for one(1)year maximum.
Print Name Signature
Title
Name of Organization or Corporation
Date
Unless otherwise indicated,return completed form and attachments to:
Community and Economic Development Division Director
Department of Housing and Community Development
701 NW 1s Court.-14th Floor •
Miami,Florida 33136
5
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity EXEMPT* CENST**
Economic Development CEST*** EA****
New Construction
Rehab X
Non-Construction/Expansion X' X2
X
Housing
Single Family Rehab
Multi-Family Rehab X
New Construction X' X2
Homeownership Assistance X X
Affordable Housing Pre-Dev. X
Capital Improvement
Handicapped Access
Public Facilities X
Infrastructure X' X2
Public Services X' X2
Employment X
Crime Prevention X
Child Care X
Youth or Senior Services X
Supportive Services X
Type of Publication No Public No Public No Public Notice/No
Notice/No Notice/No Publish
R RROF(No Statutory FONSI and
RROF
RROF Requirement Triggered) N01/RROF
Or
Publish N01/RROF
(Statutory Requirement
Triggered)
Estimated Time Frame(Excluding 30-45 Days 30-45 Days 45-90 Da
Triggered Statutes' Ys 90 Days
Minimum
X1 If for continued use and change in density o
X2 Change in density tY(or size)of less than 20/o
nsity(or size)of more than 20%
Exempt Exempt.Activities
CENST
,,,t Categorically Excluded and Not Subject to 58.5
CEST Categorically Excluded Subject to 58.5
Environmental Assessment(Format II)
6
ATTACHMENT E
PLEASE REFER TO LIST OF REQUIRED DOCUMENTS FOR
CONTRACT DEVELOPMENT THAT IS A SEPARATE
ATTACHMENT TO THIS CONTRACT
Attachment F
,—
—1
Quantity required ,I, i
L. _____________...i
County Construction Sign
Maly was ci Perma
r tiOnt si9ns
cled are subject to change)
. 1
0 Replacement or 0 N.ew sign
----c-,------------'":".---f.7-
Cartos Alvarez --",z--..2_2,,,5-1_,.,,,,7-ff;:t.7:,-:_:•%:-,--, _- '_, 1--,,,,
()en /.4ayr --,,---1.•-.,„_.:---,„--,-;:-41---- ------_--:..,- .,,-; 0 A-Frame 1 Sided or 0 A-Frame 2 Sided I
nis C.Moss
chairman 1
°=7-z---,z•l-;=v-,---- ,--_- ---,
Barbara.1.Jordan fi-,:.,4'...'8,-,---
District 1 1
Rot rio O.Rage I MIAMPIDA6 Pro'ect Manager
Dizgriet 2
Audrey M E _-ti ‘1
4,1
. drnoos on _ -.
Divrict 3 ;, ___2.
-177,.,._f-,;.„.,,,,,-3,.
Sally A.Heyman
\ ti-
CRSIfiCI 4 '
,..„ Telephone Number
Bruno A.Barreiro
-.1-;
Mulct§" West \
,
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OCI16
Carlos A.eamegrer
Intiejt code
Dia' i 7 ...,
'D-la' ' Perrin e .
N
Katy SoiOnattn _
i_ ,
Deno rv/
Distrid 9 ,
L511:-hitrid: Libra
Project Narne
Ben.Javier D.Souto '''., ___-.. .....„115:
\
athict 10 ,-_---'--....
, CLGO829 1:\
JOB&M4 e ........PrOjeU
_
• Josti-Pepe Diaz
Disicia 12
• ..-.,
Nataeba Segos I
-1.3'frict 13 — -- ..._., , , ,.
-, ..,_.::.:::_, _.:
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liarKeY&Ledo (.Y;-;.-rmmA ..,:--"'" '----":, - -:=
Project Number
Clerk of Caorts -;..,,,*"•I'E..---.
,a0r9t,M.0,_3$rtlatat
CourriyAvoraf9Or
District Commissioner
Robert&Cuevas.Jr.
County Afterrisr -:.,----- , _, --' - •,--— - •
•
. .
_T-t4,-, rlt Cit,.,-f:r.ztipj.-.2..'.1-6 -at-to c.cre. 0_. •.),.',..1*--.7_
Mayor- Carlos Alvarez-- - --r
: - • _
e-onitrsslOnetloe-A.--Niartinet
Check W ARRA Funded C] Yes U No
Most indicate Federal Departrrtent and I or
www.rniernidode.gov or calf 3-1-1 I State Department if applicable
Nic
I.
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i Ar :,..!•-... .-'1.:.• .i
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. ,
SAMPLE PLACEMENT
Skin location address .
843,09 sion is t a'
Pk's specific location 0 slim placement
This Form to be Faxed to 305-375-1125
• Attention: 'Michael O.Smart
_ ,
ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
(Ordinance 97-35)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
THIS AFFIDAVIT IS INCLUDED IN THE SEPARATE
ATTACHMENT TO THIS CONTRACT TITLED,
REQUIRED DOCUMENTS FOR CONTRACT
DEVELOPMENT
•
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title: Date:
Firm Name: Fed.1D No:.
Address:
City: State: Zip Code:
Telephone:( ) Fax.( )
MiaosdtWonilAlfidavits 200GRtevisedrmdm-01-04-2006
ATTACHMENT H
SUBCONTRACTOR/SUPPLIER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer
1
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed
by the developers on County contracts for purchase of supplies, materials or services, including professional
services which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of$100,000 or more This form, or a comparable
listing meeting the requirements of Ordinance No. 97-104, must be completed and submitted even
though the developer will not utilize subcontractors or suppliers•on the contract. The developer
should enter the word "NONE" under the appropriate heading on this form in those instances where
no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract
shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work
to be performed or materials to be supplied from those identified,except upon written approval of the Cot ins,,
27i er)
.>.,�—.�_ ._.. .,. .ru�a-'''a �3_�::ra.�4'�e-'�bn 6e a P y�� `r.�����c — �' 1 s• 5a ,` r.
•
_ - Vic.Y-•._ ..:Z
- 1
i
•
I certify that the representations contained in this Subcontractor/Supplier Listing are to the be
knowledge true and accurate.
Signature Developer(s) Print Name Print Title
Date
(Duplicate if additional space is needed) Authorized Representative -
NGCrosoft Word/
Affidain'ts 2096/ftevised/mdm-01-04-2006
1 ° _ '81 M1AM
Memorandum COUNTY
Date: October 5, 2010
To: Honorable Chairman Dennis C. Moss Agenda Item No. 8(K)(1)(B)
and Membe Board of County Commissioners
From: George 4' �ti .rr. Resolution No. R-980-10
County M. a:r~.:,
S
11, WI
ubject: Subs ial Amendment t e FY 2010 Action Plan Regarding FY 2010 Community
Development Block Grant(CDBG)Funding
This item differs from the original in that it 1) removes the $372,038 originally recommended for the
Sherbondv Park Rehabilitation project and increases the Sepal Park Rehabilitation protect allocation by
that same amount based on input from the City of Opa-locka. and 21 recaptures and reallocates an
additional$350.000 in previously awarded FY 2010 CDBG funds.
- RECOMMENDATION
It is recommended that the Board of County Commissioners (Board) authorize the County Mayor or the
Mayor's designee to amend the FY 2010 Action Plan and allocate$2,770,870 of Community Development
Block Grant(CDBG)funds as shown in Exhibit 1.
According to the U.S. Department of Housing and Urban Development (US HUD), the County's FY 2010
CDBG allocation was higher than originally estimated by $2,520,870. However, this item only allocates
$2,420,870 in new funds because program income is estimated to be $100,000 less than originally
budgeted. In addition, staff is recommending the reallocation of $350,000 in CDBG funds that were
originally allocated through the FY 2010 Action Plan, bringing the total requested reallocation to
$2,770,870.
SCOPE
Exhibit 1 shows the Commission District in which each project to be allocated CDBG funds is located;
however, the benefits from certain projects may affect more than one Commission District and in some
cases,the benefit may be countywide.
FISCAL IMPACT/FUNDING SOURCE
Approval of this resolution does not create a fiscal impact to the County. The $2,420,870 in FY 2010'
CDBG entitlement funding considered under this item represents additional funds available to the County
above the original estimated FY 2010 CDBG award. The additional recapture and reallocation of$350,000
will help the County meet US HUD's CDBG spending requirements.
The County has a total of $19,779,850 under its CDBG program for FY 2010, comprised of CDBG
entitlement funds($1 9,579,850)and the revised estimate for program income($200,000).
BACKGROUND
On an annual basis, the Board approves the filing with US HUD of the Miami-Dade County Action Plan
with projected uses of funds for the CDBG program. On November 3, 2009, the Board approved the FY
2010 Action Plan through Resolution R-1284-09 which allocated a CDBG entitlement grant of$17,058,980
and $300,000 in estimated program income. On May 29, 2010, US HUD notified the County that the
CDBG award for Miami-Dade County was $19,579,850 ($2,520,870 over the original estimated amount).
As mentioned previously, this item reallocates a total amount of $2,420,870 in new CDBG funding, after
the$100,000 reduction in estimated program income, plus$350,000 in recaptured funds.
Allocation of New Funding($2,420,870),
As allowed under US HUD guidelines, 20 percent of the new funds ($484,174) have been allocated for
program administration.
Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
Page 2
Consistent with the County's approved Consolidated Planning Policies, 40 percent of the new funds
($968,348) are made available for not-for-profit organizations and participating municipalities in the
categories of Economic Development and Public Facility Improvements. These funds are recommended
for allocation to activities that were previously deemed eligible for funding, and: 1) demonstrated an
existing funding gap;or 2) met the County's mandate for the"finish what we started" policy. This included
eligible activities that did not receive funding or were not fully funded under the regular RFA process. The
eight activities recommended for funding are explained below:
1. Acclon USA,Inc.,Micro Loan Program($31,430)
The additional funds for the existing Micro Loan Program will result in the creation of one job for a low-
to-moderate income person.
2. South Florida Urban Ministries,ASSETS Miami($20,000)
The additional funds for the existing Economic Development and Technical Assistance program will
result in the creation of one job for a low-to-moderate income person.
3.' City of Opa-Locka,Segal Park Rehabilitation($631,821)
• The additional funds will be used to rehabilitate the Helen Miller Center located in Segal Park. The
rehabilitation will include foundation, plumbing, electrical and structural work at the facility. This is a
change from the original item increasing the amount from $259,783.
4. City of North Miami Beach,Allen Park Recreation Center/Renovation($150,000)
The funds will be used for the rehabilitation of the Allen Park Recreation Center. to include roof
replacement interior renovation and the installation of an elevator for ADA access.
5. Jewish Community Services of South Florida,inc.,Miami Beach Senior Center Capital Improvement
Project($34,678)
Funding will be used for numerous life safety improvements that must be made to meet current
building code requirements and ensure a safe environment for elderly clients of the Adult Day Care
Program.
6. Business and Technology Development Corporation,Carrie P.Meek Center Building Renovation($20,000)
Funds will be used to continue the rehabilitation of the classrooms in the business center facility.
7. City of Miami Springs,Miami Springs Senior Center Rehab($25,000)
The funds will be used to complete the improvements of the facility including ADA upgrades. This
activity is recommended for funding under the"finish what we started"policy.
8. City of Sweetwater,Mildred Pepper Senior Center($55,419)
The funds will be used to complete improvements at the Mildred Pepper Senior Center and is
recommended for funding under the"finish what we started"policy.
The remaining 40 percent ($968,348) is recommended for allocation to County departments for activities
that benefit low-to moderate-income persons in the Neighborhood Strategy Revitalization Areas and other
CDBG eligible geographic areas. As allowed by US HUD, 15 percent of the amount available for allocation
($363,131)will be set aside for public service. The two allocations to County departments are:
1. Community Action Agency, Arcola Lakes Head Start Facility($605,217)
Funds will be used to build six classrooms that will be used to serve 120 children at the Arcola Lakes
Head Start Facility.
2. Miami Dade Juvenile Services Department:,Juvenile Services Diversion Program($363,131)
These funds represent the 15 percent set-aside for public service. Through the existing Juvenile
Services Diversion Program,the proposed funds will be used to serve an additional 350 juveniles.
2._
Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
Page 3
Recapture and Reallocation of FY 2010 CDBG Funds($350.000)
it is recommended that$350,000 be recaptured from the Community Action Agency Facility improvements
activity. A total of$1.776 million was approved for these improvements as part of the FY 2010 Action Plan
and $350,000 is now recommended for reallocation to the Community Action Agency Le Jardin Head
Start/Early Head Start Child Care Child Care Center. This funding will be used to construct a new Head
Start/Early Head Start Child Care Center for low-to moderate-income families.
TRACK RECORD/MONITORING
The entitles recommended for funding have a history of successfully delivering the products and/or
services pursuant to their contractual agreements with the County, or are in the process of completing their
activities. The County, through its Project Managers, Planners and Professional Services staff will work to
ensure successful and timely completion of the activities recommended for funding.
Attachment
Assistant my Manager
3
o_\
°`` , ,; MEMORANDUM
(Revised)
TO: Honorable Chairman Dennis C. Moss DATE: October 5, 2010
and Members,Board of County Commissioners•
FROM: R. A. Cuevas, Jr. en SUBJECT: Agenda Item No. 8(K)(1)(B)
County Attorney
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
Ordinance creating a new board requires detailed County Manager's
report for public hearing
No committee review
Applicable legislation requires more than a majority vote(i.e.,2/3's ,
3/S's ,unanimous )to approve
Current information regarding funding source,index code and available
balance, and available capacity (if debt is contemplated) required
"I
Approved Mayor Agenda Item No. 8(x)(1)(B)
Veto 10-5-10
Override
RESOLUTION NO. R-980-10
RESOLUTION AUTHORIZING THE MAYOR OR MAYOR'S
DESIGNEE TO AMEND THE FY 2010 ACTION PLAN TO
REFLECT THE ALLOCATION OF FY 2010 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT
OF $2,770,870, AS INDICATED IN EXHIBIT 1;
AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO
EXECUTE ALL CONTRACTS, AGREEMENTS AND
AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE
PROGRAM, AND TO SHIFT FUNDS AND FUNDING
SOURCES AWARDED FOR A PROJECT TO ANY NEW
ENTITIES CREATED FOR THE PURPOSE OF CARRYING
OUT A PROJECT NECESSARY TO CARRY OUT THE
ABOVE PROGRAMS; AND AUTHORIZING THE MAYOR
OR MAYOR'S DESIGNEE TO EXERCISE THE
CANCELLATION PROVISIONS CONTAINED THEREIN
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 this Board authorizes
the Mayor or Mayor's Designee to amend the FY 2010 Action Plan to reflect the allocation of
[[$2;420;8-70]] >>$2,770,870«1 in FY 2010 Community Development Block Grant Funds
(CDBG)as indicated in Exhibit 1 and authorizes the Mayor or Mayor's designee to execute such
contracts, agreements and amendments, as are required, following approval by the County
Attorney's Office and subject to proper execution by the parties; to shift funds and funding
sources awarded for a project to any new entities created for the purpose of carrying out a project
The differences between the substitute and the original item are indicated as follows: words stricken through
and/or [(double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< constitute the
amendment proposed.
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Page 1 of 6
Miami-Dade Legislative Item
' 9 TY File Number: 110253
File Number: 110253 File Type: Resolution Status: Adopted
Version: 0 Reference: R-67-11 Control: County
Commission
File Name: MULTI-YR ACTION PLAN-CDBG,HOME & RENTAL Introduced:
REHAB
2/2/2011
Requester: Department of Housing and Cost: Final Action: 2/1/2011
Community Development
Agenda Date: 2/1/2011 Agenda Item Number: 8K1A
Notes: THIS IS Title: RESOLUTION AUTHORIZING THE MAYOR TO AMEND THE
FINAL FY 1998, FY 2002, FY 2003, AND FY 2005 THROUGH FY 2010
VERSION ACTION PLANS TO REFLECT THE REALLOCATION OF
AS COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) FUNDS
ADOPTED. IN THE AMOUNT OF $1,685,990.11, HOME INVESTMENT
ALSO SEE PARTNERSHIPS (HOME) FUNDS IN THE AMOUNT OF
102793. $3,501,176.73, RENTAL REHABILITATION (RR) FUNDS IN
THE AMOUNT OF $1,000,000, AND THE ALLOCATION OF
EMERGENCY SHELTER GRANT(ESG) FUNDS IN THE
AMOUNT OF $28,237, AS INDICATED IN EXHIBIT A;
AUTHORIZING THE MAYOR OR MAYOR'S DESIGNEE TO
EXECUTE ALL CONTRACTS, AGREEMENTS AND
AMENDMENTS NECESSARY TO CARRY OUT THE ABOVE
PROGRAMS, AND TO SHIFT FUNDS AND FUNDING
SOURCES AWARDED TO A PROJECT TO ANY NEW
ENTITIES CREATED FOR THE PURPOSE OF CARRYING OUT
A PROJECT NECESSARY TO FULFILL THE OBJECTIVES OF
THE ABOVE PROGRAMS; AND AUTHORIZING THE MAYOR
OR MAYOR'S DESIGNEE TO EXERCISE THE CANCELLATION
PROVISIONS CONTAINED THEREIN jSEE ORIGINAL ITEM
UNDER FILE NO. 102793]
Indexes: ACTION PLAN Sponsors: NONE
CDBG FUNDS
HOME FUNDS
REPAIRS
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed
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Legisiauve matter Page 2 of 6
Legislative History
Acting Body Date Agenda item Action Sent To Due Date Returned Pass/Fail
County Attorney 2/9/2011 Assigned Shannon D.
Summerset
County Manager 2/2/2011 Assigned County Attorney 2/1/2011
REPORT: DHCD[Amended 102793-ATTACHMENT ONLY]
County Manager 2/2/2011 Assigned Howard Piper
Board of County 2/1/2011 8K1 A Adopted as P
Commissioners AMENDED amended
REPORT: It was moved by Commissioner Heyman that the Board adopt the foregoing proposed
resolution as amended.This motion was seconded by Commissioner Jordan, and upon being
put to a vote, passed 10-0. (Chairman Martinez and Commissioners Seijas and Souto were
absent)The amended version was assigned Resolution No. R-67-11
Legislative Text
TITLE
RESOLUTION AUTHORIZING THE MAYOR TO AMEND THE FY 1998,FY 2002,FY 2003,
AND FY 2005 THROUGH FY 2010 ACTION PLANS TO REFLECT THE REALLOCATION OF
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)FUNDS IN THE AMOUNT OF
$1,685,990.11,HOME INVESTMENT PARTNERSHIPS (HOME)FUNDS IN THE AMOUNT OF
$3,501,176.73, RENTAL REHABILITATION(RR)FUNDS IN THE AMOUNT OF$1,000,000,
AND THE ALLOCATION OF EMERGENCY SHELTER GRANT(ESG)FUNDS IN THE .
AMOUNT OF $28,237, AS INDICATED IN EXHIBIT A; AUTHORIZING THE MAYOR OR -
MAYOR'S DESIGNEE TO EXECUTE ALL CONTRACTS, AGREEMENTS AND AMENDMENTS
NECESSARY TO CARRY OUT THE ABOVE PROGRAMS,AND TO SHIFT FUNDS AND
FUNDING SOURCES AWARDED TO A PROJECT TO ANY NEW ENTITIES CREATED FOR
THE PURPOSE OF CARRYING OUT A PROJECT NECESSARY TO FULFILL THE
OBJECTIVES OF THE ABOVE PROGRAMS; AND AUTHORIZING THE MAYOR OR
MAYOR'S DESIGNEE TO EXERCISE THE CANCELLATION PROVISIONS CONTAINED
THEREIN
BODY -
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-D.ADE COUNTY,FLORIDA,that this Board authorizes the Mayor or Mayor's designee to
- amend•the FY 1998,FY 2002,FY 2003, and FY 2005 through FY 2010 Action Plans..to..reflect the
reallocation of$1,685,990.11 in Community Development Block Grant(CDBG),$3,501,176.73 of
.....-_�Home-Investment Partnerships s HOME $1,000 000 of Rental Rehabilitation(RR)
p (HOME), , ;and-the allocation ...- .
•
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LAgiblituve matter
Page 3 of 6
of$28,237 in Emergency Shelter Grant(ESG) funds, as indicated in Exhibit 1 and
the Mayor or Mayor's designee to execute such contracts, agreements amendments,as'authorizes
required, following approval by the County Attorney's Offi and subject t to execution eby the
parties; to shift funds and funding sources awarded to a project to any new entities created for the
purpose of carrying out a project necessary to fulfill the objectives of the above programs; and to
exercise the cancellation provisions contained therein.
HEADER
Date:
To: Honorable Chairman Dennis C.Moss
and Members, Board of County Commissioners
From: George M. Burgess
County Manager
Subject: Resolution Amending the Multi-Year Action Plans to Reprogram CDBG, HOME and Rental
Rehabilitation Funds and Allocate Additional FY 2010 ESG Funds Received from
US HUD
STAFF RECOMMENDATION
It is recommended that the Board of County Commissioners(BCC) authorize the Mayor or the
Mayor's designee to amend the FY 1998, FY 2002,FY 2003 and FY 2005 through 2010 Action Plans
to recapture and reallocate$1,685,990.11 in Community Development Block Grant(CDBG),
$3,501,176.73 in Home Investment Partnerships Program(HOME),and $1,000,000 in Rental
Rehabilitation (RR) funds.
It is also recommended that the proposed amendment to the FY 2010 Action Plan
additional FY 2010 Emergency Shelter Grant SG allocate Department of
of
Housing and Urban Development(US HUD) above the originally budgeted amount Pent of
Action Plan. All the recommendations for recapture and reallocation are detailed in Exhibit 1. 2010
MANAGER'S BACKGROUND
SCOPE
Exhibit 1 includes information on the Commission District for each project recommended for funding CDBG, HOME, RR,and ESG funds. The benefits from certain projects may affect more n
one Commission District and in some cases may be Coun than
Countywide.
FISCAL IMPACT/FUNDING SOURCE
Approval of this Resolution will not have a fiscal impact on the County. This item reallocates federal
CDBG, HOME, and RR funds to eligible activities, and allocates an additional-.$28,237 received from
US HUD to Camillus House for the operation of the Beckham Hall facility.
CDBG, HOME, and RR funds are being recaptured and reallocated to public facilities, economic
development and housing activities that serve the Neighborhood Strategy Revitalization Areas
(NRSAs)and other eligible geographic areas throughout Miami-Dade County. The all .
funds to activities that have the capacity to achieve their intended goals and objectives ithin of these
appropriate timeframes reduces the Cou ity's risk of having CDBG and HOME funds de-obligated
the federal government. g ed by
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Lcg.wiauve'viauer Page 4 of 6
The ESG funds recommended for allocation represent$28,237 in additional funding awarded to the
County above the$760.589 that was estimated in the 2010 Action Plan.
TRACK RECORD/MONITORING
The Department of Housing and Community Development(DHCD)monitors all activities funded
through CDBG, HOME,RR, and ESG. Through the review of quarterly progress reports and
monitoring by project managers, DHCD will monitor these projects to ensure compliance with federal
guidelines and County policies.
BACKGROUND
Activities funded in FY 2010 and prior years are monitored throughout the course of the year to ensure
compliance with federal regulations and that the activities are making progress towards accomplishing
their respective national objective. Based on staff's review,it is recommended that the BCC approve
the recapture and reallocation of$1,685,990.11 in CDBG, $3,501,176.73 in HOME and$1,000,000 in
RR funds.
Additionally,Miami-Dade County estimated that it would receive$760,589 in ESG funds in the FY
2010 Action Plan;however, US HUD's actual ESG award to the County was$788,826,or$28,237
higher than the estimated amount. This item also seeks to allocate the additional ESG amount.
DHCD recommends the recapture and reallocation of CDBG,HOME and RR as appropriate, from
activities that: 1) are unable to meet the national objectives;2) are completed and have unexpended
balances; 3)have expired contracts;or 4) are HOME supported projects that will not be able to meet
US HUD's requirement of initiating expenditures within one year after receiving the funding award.
The item also reallocates these funds to eligible activities that: 1) were not fully funded through the
Request for Application(RFA)process, 2)have demonstrated an existing funding gap, 3)are eligible
for funds under the"Finish What We Started"policy approved by the BCC; or 4)represent high
priority public facility improvements or activities in the NRSAs or Eligible Block Groups.
Most of the entities recommended for funding have successfully delivered the products and/or services
as specified in their contractual agreements with DHCD.
CDBG($1,685,990.11)
The total amount of CDBG funds recommended for recapture is$1,685,990.11 from 50 activities in
1998, 2002, 2003,and 2005 through 2010 Action Plans. Most of those activities have been completed
and the unexpended balances must be recaptured as part of the US HUD required close-out process.
Additionally, funds are being recaptured from agencies with activities that are no longer feasible or
have not been able to spend their funds in a timely manner. As such,it is recommended that the
recaptured CDBG funds be reprogrammed to the activities described below.It is important to note that
48 percent of the reallocated CDBG funds will directly benefit the residents of the NRSAs.
1. City of North Miami Beach-NE 172 Street Roadway/Infrastructure Project($350,000)
The City of North Miami Beach is a participating municipality in the County's CDBG entitlement
program. Funds will be used to construct a new drainage system and roadway improvements on NE
172 Street from NE 23 Avenue to West Dixie Highway.These funds will address an existing funding
gap for this project under the Finish What We Started policy.
2 City of Opa locks Segal Park Rehabilitation,Helen Miller Center($18,1'79L,
...hi
s is an.activity m the Opa-locks NRSA Funds will botused to rehabili
ate tie Helen Miller Center
.locatectxn Se-gal Park. This.allocation wiIl.fully address.the project's fundin a .,
httn://www.rniamidade.ffov/aovaction/matter.asn?matter=110251kfile=falcPRr.,e irPn1Apr= 1/111'n1 1
iviatter
Page 5 of 6
3. Neighbors and Neighbors Association, Inc. -Technical Assistance Program($100,000)
This activity will support businesses in multiple NRSAs. Funds will be used to provide direct technical
assistance to a minimum of 50 Mom and Pop businesses in the NRSAs and will create three jobs
low- to moderate-income residents. r
4. South Florida Puerto Rican Chamber of Commerce, Inc- Micro Loan/Technical Assistance
($50,000)
This activity will serve businesses in multiple NRSAs. Funds will be used to provide micro loan
technical assistance to businesses in the NRSAs and will create two low to moderate income •ob and
fully fund the agency's funding request for FY 2010. l and
5. Department of Housing and Community Development-West Litter River Right-of-Way and
Landscaping Improvements,Phase II and III($1 90,358.14)
This is an activity in the West Little River NRSA. Funds will be used to continue street and Ian
improvements on NW 88 Street from NW 12 Avenue to NW 14 Avenue. dscape
6. Department of Human Services(DHS)-Repair and Renovate Human Services Facilities(funds are being provided to address asbestos problems identified at the D ( 9,036)
Human Services' Miami Gardens Neighborhood Service Center. epartment of
7. Park and Recreation Department-Country Club of Miami Park Improvements($200,000)
The FY 2010 Action Plan includes$200,000 in CDBG funding for the Amelia Earhart Park. However,
staff later determined that this activity would not meet a national objective.As such, it is recomm
that funds be transferred to the Country Club of Miami Park, which is administered b the Par ended
Recreation Department, for walkway and lighting improvements. y k and
8. Department of Planning and Zoning-Mc Farlane House($85,000)
The FY 2010 Action Plan includes$85,000 in CDBG funding for the Historic Preservation
Mindermann House and the Historic Preservation Cauley Square activities. However, at the request Department of Planning and Zoning,these funds are being recommended for recapture and
of
reallocation to the Historic Preservation McFarlane House activity to complete the project. The
McFarlane House project includes the preservation and rehabilitation of a historically designated
single-family house in Coral Gables. gn ed
9. Community Action Agency-Residential Rehabilitation Program activity will serve residents in multiple NRSAs. The additional($443,416.97)
This
affordable residential rehabilitation for low- to moderate-income households in the NRSAs,with aIe
on residential energy conservation. th a focus
HOME and RR ($4,501,176.73)
A total of$3,501,176.73 in HOME funds and $1 million in RR funds is recommended for rec
and reallocation.Most of the agencies identified have activities that are no long-Er r feasib apture
agencies have not been able to expend funds in a timely manner.As such,it is recommended that
recaptured funds be reprogrammed to the activities described below: these
1. City of Hialeah Gardens - Samari Lakes East Condominiums Health and Safety Improvements
($250,000)
This is an existing rehabilitation activity comprised of 29 housing units. The recommended a llocation
come.
will cover the rehabilitation of 13 additidl housing units for qualified low to moderate income bringing the total number of rehabilitated units to 42.
_.. .
httn://www.miamidade.govionvnotintiln,th,
Legislative Matter Page 6 of 6 .
2. Shepherd's Court,LLC, - Shepherd's Court Permanent Housing($388,240)
At the written request of Camillus House, LLC,HOME funds for the Camillus New Permanent
Housing project are being recaptured and reallocated to Shepherd's Court,LLC,an entity created by
Camillus House to develop and operate the permanent housing development. Camillus House also
requested that the name of the activity be changed to Shepherd's Court Permanent Housing. The
project will consist of 80 efficiency units of permanent housing for single homeless adults and is part
of the New Camillus House Center, a larger behavioral treatment facility located at 1603 - 27 NE 7th
Avenue.
3. Magnolia North Apartments($2,000,000)
As approved by the BCC on November 3, 2010,through Resolution R-1102-10, funds are
recommended for reallocation to the Opa-locka CDC for the acquisition and rehabilitation of a 30-unit
multi-family apartment building, located at 15050 Duval Street and 2060 and 2070 Lincoln Avenue in
the Opa-locka Triangle area,recently renamed Magnolia North. The total project is currently estimated
to cost$4 million, and the$2 million under this item will cover the remaining funding gap. The
rehabilitation will result in the availability of 30 affordable rental housing units for low to moderate
income residents of Opa-locka.
4. Department of Housing and Community Development($1,862,936.73)
It is recommended that DHCD be awarded $892,936.73 in HOME funds and$1 million in RR funds to
rehabilitate/upgrade three of the nine Section 8 New Construction sites owned by the County. These
sites,representing a total of 112 units, are located in Goulds(48 units), Wynwood(40 units)and
Coconut Grove(24 units).The work includes installation of heating,ventilation and air conditioning
(HVAC) systems at two of the three properties and pressure washing and painting of all three
properties. The properties are managed by a private firm which will oversee the work.
ESG ($28,327)
It is recommended that the additional$28,237 of FY 2010 ESG funds be allocated to Camillus House
to operate the County's Beckham Hall facility..Beckham Hall provides temporary shelter and other
services to 400 homeless individuals.
Attachment
Assistant to the County Manager
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httn://www-miamidade_unv/s�nvar;.tinn/matter ac 7mattor-1 1MS22,f 1 .i�oQ..o.,«L„t,7,.— 1/� /�ni
®' I PUBLIC HEARING
Y..I' - •n Je' - "- I' 11
PLANA/ENC0ENT TO TftE FY 2010 ACTION PLAN
A public hearing is scheduled for the Housing and Community Development(HCD)ComePoee Meeting•
September 15,2010,at 930 am,In Are Board of County Commissioners Chambers located on the second - -
of the Stephen P.Clark Center,111 NW 1+Street,Miami,Florida The pudic heating was odgina*y scheduled for
July 14,2010,but was deferred b the September 15,2010 HCD Committee meeting One b lack of quorum.The• ••-
of the public hearing Is to give the pudic an opportunity to comment on the proposed Substantial Amendment to the
2010 Action Plan.The imposed Amendment seeks to allocate$Z770,870 of Community Development Bock
(CDBG)funds available for reprogramming.The public is invited b attend and comment. Comments may also.
submitted In writing from August 31,2010 to September 30,2010 to the attention of Sheila Martinez,Interim Co.
DMsice Director,LOari-Dab County Department of Housing and Commwdty Development(DHCD),701 NW 1• •
14e Floor,Miami,Florida 33136. Please contact Rosa Davis,Planning Section Supervisor,at(786)469-2100,if •
have any questions concerning he action,or to request a0WnmOdatdw for deeded ornan-Engieh speaking residents
Such requests nest be made In advance of the scheduled Milt heating.Federal regulations governing CDBG
wire that a paticpetirg Jurisdiction provide citizens with reasonable notice of,and an opportunity to comment on,•
Substantial Amendments to the FY 2010 Action Plan.A complete copy of the amendment is available at our office at 70
NW 1•Court,Miami,Florida and alt be available on our web site at wwe.ndamdade.govbed The proposed anendnen
MN for the$2,770,870 in CDBG funds to be allocated as indicated below.
e_rmr,mended Scu-ces:Jr!'DBG F.ir of R,eaptur,d
Miami-Dab Department of P12010Add00nel CDBG Entitlement 42,420,870 County wide
Housing and Community (Allocation)
l
Miami-Dade County Facility tnprovements(Recaphue) -$350,000 Candy wide
--=ommr.,m�?Od atnbnbon o._T.._
Accbn USA,Inc Micro Loan• _t... ,,,,.7
South Florida Urban Msdsdes,
Inc-MIA ktiant Urban ASSETS Miami $p 000 1,2,3,6,7,9,
Mi isbies of United Methodist 13
Church,Inc.
Business and Technology Carrie P Meek Center Building
Devel•• t The Rehabititaborn $20,000 8,9,10
10,3 .ur^ Miami • •-•Senior Center Rehb $25,000 0
City of North Mac Beach
Men Padu Recreation $150,000 2
C ,of.e.:.•ockak .=;c' _...-•.PakRerubBtation-.. ;.,SS'Sb31;821' :e
MNded Pepper Secor Cade
City of Sweetwater ,•.,,:. ;t; IDIS#2016 $55,419 12
• Action .,;� Head Start Facli -Arcola Lakes Mii. 11.111EIESIM
Community Action Agency Le JmBn Fad/Head Start/Early Head $350,000 8
Chid Care Canter
$34,678 5
Miami-Dade Jwacte Services Juverde Services Department's $363,131
Diversion. Counrywida
Miami-Dade Department of
Housing and Community Adrninieba0on $484,174 Countywide
zi_cis--I:re.g :c n;:p aegaiaas miain ioacccc•a
Resolution No. 11-8200
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to accept the Miami-Dade County Housing And Community Development Grant
Award, in the amount of Six Hundred and Fifty Thousand Dollars ($650,000.00), for Segal Park
Rehabilitation—Helen Miller Center Project, for the contract period of March 1, 2011 to February
28, 2013, in a form acceptable to the City Attorney.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 23`d day of March, 2011.,,,,,
6 RA TA LOR
MAYOR
Attest to:
6
Deborah S. Irby
City Clerk
Approved as to form and legal sufficiency:
idtI / 10 0,,
Jos; S. G ler
C' /Attorn
Resolution No. 11-8200
Moved by: COMMISSION HOLMES
Seconded by: VICE MAYOR JOHNSON
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Miller: NOT PRESENT
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
4824990 v 1
opP-Lockq..
0
c
OAGS L.
Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
issioner Gail Miller
FROM: a e Patt son City ana r
DATE: March 17, 2011
RE: Acceptance and Authorization to accept the HCD-CDBG grant award for
Segal Park Rehabilitation—Helen Miller Center
Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA AUTHORIZE ACCEPTANCE OF THE MIAMI-DADE
COUNTY HOUSING AND COMMUNITY DEVELOPMENT GRANT
AWARD, IN THE AMOUNT OF SIX HUNDRED AND FIFTY THOUSAND
DOLLARS ($650,000.00) FOR THE SEGAL PARK REHABILITATION —
HELEN MILLER CENTER PROJECT FOR THE CONTRACT PERIOD OF
MARCH 1, 2011 TO FEBRUARY 28, 2013, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY.
Description: Miami-Dade County Board of County Commissioners approved the agreement on
October 5, 2010 through Resolution #R-980-10 and on February 1, 2011 through
Resolution # R-67-11 for Segal Park Rehabilitation — Helen Miller Center Project.
This request is for authorization to accept the CDBG funds awarded for FY 2011 and
for this project to accomplish the renovation of Helen Miller Center and to execute
the contract agreement between the City of Opa-Locka and the Miami Dade County
Department of Housing and Community Development.
Financial Impact: No fiscal impact, one hundred percent of the proceeds are Grant dollars.
Implementation Time Line: Legislation effective immediately from the date of adoption.
Legislative History: None
Recommendation(s): Staff recommends the adoption of the Resolution to authorize the acceptance
of the CDBG award and further to authorize the City Manager to enter into
and execute the necessary agreement, in a form acceptable to the City
Attorney.
Analysis: The Segal Park Rehabilitation — Helen Miller Project is a comprehensive
improvement plan to rehabilitate of existing building.
ATTACHMENT(S): Copies of the Miami Dade County Contract and Resolutions.
END OF MEMORANDUM
Resolution Number# R-980-10 ($631,821)
# R-67-11 ($18,179)
Duns Number# 083111823
Awarded Amount $650,000.00
CDBG 2010 FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT
Municipalitiy CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
THE 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 The City of Opa-Locka,
hereinafter referred to as "Awardee" and having offices at 780 Fisherman Street, Opa-locka, Fl 33054 and
telephone number of 305 953-2821,states conditions and covenants for the rendering of Community, Economic or
Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of Housing
and Community Development hereinafter referred to as"DHCD,"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 further provides that all functions not otherwise specifically
assigned to others under the Charter shall be performed under the supervision of the Miami-Dade County Mayor;
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.
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 $650,000.00 of CDBG funds to the Activity Segal Park
Rehabilitation- Helen Miller Center. All CDBG funds, except those awarded to County Departments and
Municipalities,will be awarded in the form of a loan that is forgivable if the national objective is met pursuant to the
terms and conditions set forth herein, including but not limited to Section W(2)(a)(1)-(2).
WHEREAS, the Awardee shall carry out the activities specified 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:
I. DEFINITIONS
DHCD Department of Housing and Community Development or its successor
Department.
24 CFR Part 570—CDBG Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended - Community
Development Block Grant.
Community Development A local agency that is organized to meet community development
Corporation needs with particular emphasis on the economic development,
housing and revitalization needs of low- and moderate-income area
residents and which is receptive to the needs expressed by the
community.
Local 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.
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Low-and Moderate-Income A person or family whose annual income does not exceed 80%
Individual or Family 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.
Very Low Income Individual or A person or family whose annual income does not exceed 50%
Family 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.
Contract Records or Agreement Any and all books, records, documents, information, data,
Records 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.
Federal Award Any federal funds received by the Awardee from any source
during the period of time in which the Awardee is performing the
obligations set forth in this contract.
Awardee Recipient of CDBG funds from Miami-Dade County.
Property The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any
real property of Awardee or Related or Affiliated Entities (as
defined herein) acquired or improved upon with funds awarded
pursuant to this Agreement or on which funds awarded
pursuant to this Agreement are anticipated to be used.
Subcontractor or Subconsultant Any individual or firm hired on a contractual basis by the
Awardee for the purpose of performing work or functions cited
on the Action Step Format(Attachment"A1)of this contract.
Subcontract Any contractual agreement between a Subcontractor and the
Awardee.
II. THE AWARDEE AGREES:
A. The Awardee shall carry out the activities specified in Attachment A,"Scope of Services,"which is
incorporated herein and attached hereto, in the County or the focus area(s)of the County.
B. Insurance Requirements
Upon DHCD's notification, the Awardee shall furnish to the Department's Community and
Economic Development Division (CEDD), 701 N.W. 1 Court, 14th floor, Miami, Florida 33136,
relevant certificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of
Service (Attachment A). 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
GSA Risk Management Division 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.
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Any changes to the required insurance policies, including coverage renewals, must be submitted
to DHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty (60) calendar days after the Board of County Commissioners' approval,
the Awardee shall be in default of the terms and conditions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in
conjunction with this subsection remain in force for the duration of the Agreement period, including
any and all option years, if applicable. In the case of construction and major rehabilitation
activities, the Awardee must have the coverage cited in Attachment B-1 of this Agreement at the
time that it begins construction on the project. If the insurance certificates are scheduled to expire
during the Agreement period, the Awardee shall be responsible for submitting new or renewed
insurance certificates to the County at a minimum of thirty (30) calendar days before such
expiration.
In the event that expiration certificates are not replaced with new or renewed certificates that cover
the Agreement period, the County shall suspend the Agreement until the new or renewed
certificates are received by the County in the manner prescribed in the requirements; provided,
however, that this suspended period does not exceed thirty (30) calendar days. If such
suspension exceeds thirty(30)calendar days, the County may, at its sole discretion, terminate the
Agreement. Prior to execution of the Agreement by the County and commencement of the
contracted services,the Awardee shall obtain all insurance required under this Section and submit
same to the County for approval. All insurance shall be maintained throughout the term of the
Agreement.
D. Indemnification
The County shall not assume any liability for the acts, omissions to act or negligence of the
Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own
acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this
Agreement.The Awardee shall indemnify and hold harmless the County and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the County or its officers, employees, agents or
instrumentalities may incur as a result of claims,demands, suits, causes of actions or proceedings
of any kind or nature arising out of, relating to or resulting from the performance of this Agreement
by the Awardee or its employees, agents, servants, partners principals or subcontractors. The
Awardee shall pay all claims and losses in connection therewith and shall investigate and defend
all claims, suits or actions of any kind or nature in the name of the County, where applicable,
including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may
issue thereon. The Awardee expressly understands and agrees that any insurance protection
required by this Agreement or otherwise provided by the Awardee shall in no way limit the
responsibility to indemnify, keep and save harmless and defend the County or its officers,
employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve
as a waiver of sovereign immunity by the County nor shall anything herein be construed as
consent by the County to be sued by third parties in any matter arising out of this Agreement. 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. Awardee understands that the County may be liable to the United States Department of
Housing and Urban Development ("HUD") for repayment of the federal funds loaned to Awardee
pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the
national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF
FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE
EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL
OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment
of funds loaned to Awardee pursuant to this Agreement.
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F. Documents and Reporting Requirements
The Awardee shall submit documents to DHCD or report on relevant information to DHCD as
described below or any provide any other documents in whatever form, manner, or frequency as
prescribed by DHCD. 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 to be received by DHCD 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.
a. Worker's Compensation Insurance for all employees of the Awardee as required by
Florida Statute 440.
b. Public Liability Insurance on a comprehensive basis in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and property
damage. Miami-Dade County/DHCD must be shown as an additional insured with
respect to this coverage. The mailing address of the Department of Housing and
Community Development, as the certificate holder, must appear on the certificate of
insurance.
c. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles
used in connection with the Services, in an amount not less than$300,000 combined
single limit per occurrence for bodily injury and property damage.
d. Professional Liability Insurance in an amount not less than $250,000 with a
deductible per claim not to exceed ten percent(10%)of the limit of liability.
2. Progress Reports
a. The Awardee shall submit a status report using the form attached hereto as
Attachment C, "Progress Report," as it may be revised by DHCD, which shall
describe the progress made by the Awardee in achieving each of the objectives
and action steps identified in Attachment A and Attachment A-1.
The Awardee shall ensure that DHCD receives each report in triplicate (or as
indicated) no later than April 10, July 10, October 9, and January 8, of every
year this agreement is in effect.
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 selected Awardees to file quarterly reports as to the amount of Agreement
monies received from the County and the amounts thereof that have been paid
by the Awardee directly to Black, Hispanic and Women-Owned businesses
performing part of the contract work.
Additionally, the listed businesses are required to sign the reports, verifying their
participation in the contract work and their receipt of such monies. For purposes
of applicability, the requirements of this resolution shall be in addition to any
other reporting requirements required by law,ordinance or administrative order.
The Awardee shall submit to DHCD a cumulative account of its activities under
this agreement by completing the following portions of the Progress Report
Form:
Section I-Status of Contracted Activities:
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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.
Section II-Fiscal 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 Usage for each contracted activity.
Section III-Contract and Subcontract Activity Report:
Contract and Subcontract Activity Report (First and Third Quarter Progress
Report) - The Awardee shall report to DHCD 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 DHCD no later than
April 10,and October 9, of every year this agreement is in effect.
Section IV-Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report)-The Awardee shall report to DHCD 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 DHCD no later than April 10, and October 9, of every
year this agreement is in effect.
The Awardee shall submit to the County, in a timely manner, any other
information deemed necessary by the County, 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 Article. 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
days written notice of such action to be taken.
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 DHCD no
later than the tenth (10th) business 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.
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L ,
3. Annual Report (Fourth Quarter Progress 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 of
January 1, through December 31, and shall be received by DHCD no later than January
6,of every year this agreement is in effect..
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 DHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any
non-compliance issues stated in the audit, and a written statement from the Auditor that
the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and
OMB A-133.
6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed
documents describing the Awardee's internal corporate or organizational structure,
property management and procurement policies and procedures, personnel
management, accounting policies and procedures, etc. Such information shall be
submitted to DHCD 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 DHCD information relative to the
equality of employment opportunities whenever so requested by DHCD.
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 DHCD for a period of three years.
10. Reporting on Financial Status, Bankruptcy, Real Property,or Personal Property
Awardee shall notify the County in writing within ten (10)days of the occurrence of any of
the following as to Awardee or any Related or Affiliated Parties:
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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.
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 DHCD 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
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.
Rules,Regulations and Licensing Requirements
1. The Awardee shall comply with all laws, ordinances and regulations applicable to the
services contemplated herein, especially those applicable to conflict of interest and
collusion. Awardees are presumed to be familiar with all Federal, State and local laws,
ordinances, codes, rules and regulations that may in any way affect the goods or services
offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity"
and as amended by Executive Order No. 11375, as supplemented by the Department of
Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and
implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of
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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 DHCD's Contract Compliance Manual, which are incorporated
herein by reference, receipt of which is hereby acknowledged, and as they may be
revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination on the basis of handicap; 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 11A-
60 et seq. of the Miami-Dade County Code, which requires an employer, who in the
regular course of business has fifty (50) or more employees working in Miami-Dade
County for each working day during each of twenty(20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law
may be grounds for voiding or terminating this Agreement or for commencement of
debarment proceedings against the Awardee.
3. 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. 1857
h), as amended; the Federal Water Pollution Control Act(33 U.S.C. 1251), as amended;
Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency
regulations(40 CFR Part 15);and Executive Order 11738.
4. 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
DHCD.
5. 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.
6. 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 County's
Department of Business Development. 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 Department of
Business Development. Firms claiming exemption must submit, as a part of their
proposals/bids to be filed with the Clerk of the Board, an appropriately completed and
signed Exemption Affidavit in accordance with Ordinance 98-30. These submittals shall
be subject to periodic reviews to assure that the entities do not discriminate in their
employment and procurement practices against minorities and women-owned
businesses.
It will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compliance with the Ordinance. Those firms
that do not exceed $5 million annual gross revenues must clearly state so in their
bid/proposal.
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Any bidder/respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for award by the
Board of County Commissioners.
7. 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.
8. 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.
9. 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
10. 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
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•
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 Ownership Disclosure Affidavit
2. Miami-Dade Employment Family Leave Affidavit
3. Miami-Dade Employment Drug-Free Workplace Affidavit
4. Miami-Dade Employment Disclosure Affidavit
5. Disability Nondiscrimination Affidavit
6. Criminal Record Affidavit
7. Public Entity Crime Affidavit
8. Related-Party Disclosure Information
9. Miami-Dade County Affidavit Regarding Delinquent and Currently Due Fees or
Taxes
10. Affirmative Action Affidavits
11. Current on all County Contracts, Loans, and Other
Obligations Affidavit
12. Project Fresh Start Affidavit
13. Domestic Violence Leave Affidavit
14. Code of Business Ethics Affidavit
15. Financial and Conflicts of Interest Affidavit
16. Collusion Affidavit
If any attesting firm violates any of the Acts below during the term of any contract such firm has with
the County, such contract shall be voidable by the County, even if the attesting firm was not in
violation at the time it submitted its affidavit.
The applicable Acts are as follows:
1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat
327,42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title
I, Employment; Title II, Public Services; Title III, Public Accommodations and
Services Operated by Private Entities;Title IV, Telecommunications; and Title V,
Miscellaneous Provisions.
2. The Rehabilitation Act of 1973,29 U.S.C.Section 794;
3. The Federal Transit Act, as amended 49 U.S.C. Section 1612;
4. The Fair Housing Act as amended,42 U.S.C. Section 3601-3631.
In addition to the requirements in the Agreement,the Awardee/Department agrees to
comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503,and 24 CFR Part 570,
Subpart K, 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.
Labor standards.
Environmental standards.
National Flood Insurance Program.
Uniformed Relocation Act.
Employment and contracting opportunities.
Lead-based paint regulations.
Eligibility of contractors or sub recipients.
Uniform administrative requirements and cost principles.
Conflict of interest.
Executive Order 12372.
Eligibility of certain resident aliens.
Architectural Barriers Act and the Americans with Disabilities Act.
11. National Objective
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Awardee must achieve the following national objective;
To benefit low-and moderate-income persons;
1. For activities designed to meet the national objective of benefit to low-and
moderate-income persons, the Awardee shall ensure and maintain
documentation, acceptable to DHCD in its sole discretion, that conclusively
demonstrates that each activity assisted in whole or in part with CDBG funds is
an activity which provides benefit to persons where no less than 51%of of those
benefitted are low-and moderate-income persons.
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)governing the Residential Antidisplacement
and Relocation Assistance plan under section 104(d)of the HCD Act;and(c)the
requirements in 570.606(d) governing optional relocation policies. (The County
may preemept the optional policies). The Awardee shall provide relocation
assistance to persons(families, individuals, businesses, non-profit organizations
and farms) that are displaced as a direct result of acquisition, rehabilitaion,
demolition or conversion for a CDBG assisted project.The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies
concerning the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Awardee shall obtain,
immediately after a site is identified by the Awardee, DHCD'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 DHCD 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, DHCD,or the County.
6. The Awardee shall make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with DHCD 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,DHCD,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
Outreach and Real Estate Section of DHCD prior to relocating, evacuating,
and/or dispersing any and all legal occupants who reside at this property on the
basis of a long or short term lease.When the legality of an occupant(individual,
family, business, and/or industry) is in question, the Awardee shall contact the
above mentioned unit prior to making a determination. Awardees receiving
CDBG funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules and
regulations of the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970, as amended.The Awardee shall adopt Affirmative Marketing
Procedures and requirements for CDBG assisted projects. These procedures
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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
DHCD 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 his compliance with the national objective, and DHCD
will have the right to monitor the activity.
9. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
I• Conflicts with Applicable Laws
If any provision of this Agreement conflicts with any applicable law or regulation including but not
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted if modification is impossible.
However,the obligations under this Agreement,as modified,shall continue and all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J. Board of Directors
If the Awardee is a Community Development Corporation (CDC), DHCD 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 DHCD representative noted in Section IV, Paragraph M of this Agreement,
prior to taking any action,to schedule a meeting to receive compliance information.
2. Comply with the Awardee's procurement and pre-award requirements and procedures
which, at a minimum,shall adhere to all applicable federal standards.
3. Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act; Contract Work Hours
and Safety Standards Act; and Lead-Based Paint Poisoning Prevention Act as amended
on September 15, 1999;and other related acts, as applicable.
4. Submit to DHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
5. Submit to DHCD all construction plans and specifications and receive DHCD's approval
prior to implementation.
6. Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, DHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is
determined by DHCD, in its sole discretion, to be seventy-five percent (75%)
completed, At the time that the construction work is determined by DHCD to be
seventy-five percent complete, the retainer will be reduced to 5% until the work is
completed, Completion shall occur when a Certificate of Occupancy is issued.
7. The County shall have the right to assign the Professional Services and Technical
Assistance (PSTA) Unit of the Department of 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
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step format of this agreement. Such involvement will 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 the PSTA.
8. Execute and record, at the County's request, any of the following documents in order to
ensure the Property is used as defined and described in Attachment A of this
Agreement:
a. Promissory Note
b. Mortgage
c. Loan Agreement
d. Restrictive Covenant
e. Rental Regulatory Agreement
f. Collateral Assignment of leases, rents and Contract Rights
g. UCC-1 Rider
h. Title Insurance Policy
L. Audits and Records
1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB A-133.
Nonprofit organizations expending federal awards of $500,000 or more under only one
federal program may elect to have a program-specific audit performed, in accordance
with OMB A-133. Awardees who will be receiving, or who have received, federal awards
for loans or loan guaranteed programs may be required to conduct audits of those
programs in accordance with regulations of the federal agencies providing those
guarantees or loans.
2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall
be exempt from an audit conducted in accordance with OMB A-133, although their
records must be available for review(e.g., inspections, evaluations). Such agencies that
receive less than $500,000 in combined Federal awards must submit to the County
annual compilation reports that describe their performance. To achieve uniformity
regarding the reporting format,such documents must comply with the accounting industry
standards by communicating an independent accountant's (1) expression of limited
assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic
procedures (Review Report); (2) results of procedures performed (Agreed-Upon
Procedures Report); (3) non-expression of opinion or any 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).
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 DHCD 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 DHCD-
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 DHCD 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.
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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.
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 DHCD 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 DHCD, each of the record-
keeping and audit requirements detailed in this Agreement. DHCD 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 three 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 must submit the
audit report to DHCD 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 government funds. The Awardee agrees to
maintain an accounting system that provides accounting records that are supported with
adequate documentation, and adequate procedures for determining the allow ability and
allocability of costs.
M. Protected Records and Documents
Any person or entity that performs or assists Miami-Dade County with a function or activity
involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or
Protected Health Information (PHI) shall comply with the Health Insurance Portability and
Accountability Act(HIPAA) of 1996 and the Miami-Dade County Privacy Standards Administrative
Order. HIPAA mandates privacy, security and electronic transfer standards including but not
limited to:
1. Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non-permitted disclosures;
3. Reporting to Miami-Dade County of any non-permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions
and conditions that apply to the Contractor and reasonable assurances that
IIHI/PHI will be held confidential;
5. Making Protected Health Information(PHI)available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7. Making PHI available to Miami-Dade County for an accounting of disclosures;
and
8. Making internal practices, books and records related to PHI available to Miami-
Dade County for compliance audits.
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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 five (5) years
(hereinafter referred to as"Retention Period")subject to the limitations set forth below:
a. For all non-CDBG assisted activities, the Retention Period shall begin upon the
expiration or termination of this Agreement.
b. For CDBG assisted public service activities, the Retention Period shall begin
upon the date of U.S. HUD's acceptance of DHCD's annual Grantee
Performance Report for the year in which the activity is reported as completed.
For each public service activity, the Awardee must retain all Agreement records
except those relating to real and nonexpendable personal property.
c. For all other CDBG assisted activities, the Retention Period shall begin upon
U.S. HUD's acceptance of DHCD's annual Grantee Performance Report in which
each assisted activity is reported on for the final time. For all the CDBG assisted
activities covered by this Section II, Paragraph l-.1.c., the Awardee must retain
all Agreement records except those relating to real and nonexpendable personal
property.
d. For all CDBG assisted activities, the Retention Period for all Agreement records
relating to real and nonexpendable personal property shall begin upon the date
of the final disposition of the property.
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 DHCD,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 DHCD 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 DHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
0. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to DHCD, upon request, all Agreement records. These
records shall become the property of DHCD without restriction, reservation,or limitation
of their use. DHCD shall have unlimited rights to all books, articles, or other
copyrightable materials developed for the purpose of this Agreement. These unlimited
rights shall include the rights to royalty-fees; nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use, the information for
public purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies, and those agencies issue monitoring reports, regulatory examinations, or other
similar reports, the Awardee shall provide a copy of each report and any follow-up
communications and reports to DHCD 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
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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.
3. Proprietary Rights
a) The Awardee hereby acknowledges and agrees that the County retains all rights,title
and interests in and to all materials, data, documentation and copies thereof
furnished by the County to the Awardee hereunder or furnished by the Awardee to
the County and/or created by the Awardee for delivery to the County, even if
unfinished or in process, as a result of the Services the Awardee performs in
connection with this Agreement, including all copyright and other proprietary rights
therein, which the Awardee as well as its employees, agents, subcontractors and
suppliers may use only in connection of the performance of Services under this
Agreement. The Awardee shall not, without the prior written consent of the County,
use such documentation on any other project in which the Awardee or its employees,
agents, subcontractors or suppliers are or may become engaged. Submission or
distribution by the Awardee to meet official regulatory requirements or for other
purposes in connection with the performance of Services under this Agreement shall
not be construed as publication in derogation of the County's copyrights or other
proprietary rights.
b) All rights, title and interest in and to certain inventions, ideas, designs and methods,
specifications and other documentation related thereto developed by the Awardee
and its subcontractors specifically for the County, hereinafter referred to as
"Developed Works"shall become the property of the County.
c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or
suppliers shall have any proprietary interest in such Developed Works. The
Developed Works may not be utilized, reproduced or distributed by or on behalf of
the Awardee, or any employee, agent, subcontractor or supplier thereof, without the
prior written consent of the County, except as required for the Awardee's
performance hereunder.
d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein,
the Awardee and its subcontractors and suppliers hereunder shall retain all
proprietary rights in and to all Licensed Software provided hereunder, that have not
been customized to satisfy the performance criteria set forth in the Scope of
Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall
require that its subcontractors and suppliers grant, if the County so desires, a
perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose
and/or permit any other person(s)or entity(ies)to use all such Licensed Software and
the associated specifications, technical data and other Documentation for the
16
operations of the County or entities controlling, controlled by, under common control
with, or affiliated with the County, or organizations which may hereafter be formed by
or become affiliated with the County. Such license specifically includes, but is not
limited to, the right of the County to use and/or disclose, in whole or in part, the
technical documentation and Licensed Software, including source code provided
hereunder, to any person or entity outside the County for such person's or entity's
use in furnishing any and/or all of the Deliverables provided hereunder exclusively for
the County or entities controlling, controlled by, under common control with, or
affiliated with the County, or organizations which may hereafter be formed by or
become affiliated with the County. No such License Software, specifications, data,
documentation or related information shall be deemed to have been given in
confidence and any statement or legend to the contrary shall be void and of no effect
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 government-funded grants; and (n) interlocal agreements. Notwithstanding the
foregoing, the Miami-Dade County Board of County Commissioners may authorize the inclusion of
the fee assessment of one quarter (1/4) of one percent in any exempted contract at the time of
award.
Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions,accounts, records and programs. In addition,the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG
retained by the Inspector General, the Awardee shall make all requested records and documents
available to the Inspector General or IPSIG for inspection and copying. The Inspector General and
IPSIG shall have the right to inspect and copy all documents and records in the Awardee's
possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to
performance of the Agreement, including, but not limited to original estimate files, worksheets,
proposals and Agreements from and with successful and unsuccessful subcontractors and
suppliers, all project-related correspondence, memoranda, instructions, financial documents,
construction documents, proposal and Agreement documents, back-charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds,
rebates, or dividends received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
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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 government funds, including funds awarded tp Awardee pursuant to this Agreement.
Q. Prior Approval
The Awardee shall obtain written approval from DHCD 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 DHCD at least thirty(30)days prior to the start date of
the agreement. DHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract)which was incurred prior to the approval by
DHCD 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 I1, Paragraph W.1. of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget.
7. The disposition of Program Income not specifically listed in the approved Program
Income budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II, Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this
Agreement.
10. In the event the Awardee wishes to substitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten (10) business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall permit DHCD and other persons duly authorized by DHCD 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, DHCD will deliver to the Awardee a report of its findings,and the Awardee
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will rectify all deficiencies cited by DHCD within the specified period of time set forth in the report,
or provide DHCD with a reasonable justification for not correcting the deficiencies. DHCD 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 DHCD
in its report.
S. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public
Agencies)and 24 CFR 570.611 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
DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to DHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board
members,and list of all business associations with the following documents:
> Original Agreement or its subsequent amendments.
> Requests for budget revisions.
• Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement,which will
result in the immediate termination of the agreement,the recovery of the entire funding award,and
the disqualification of funding through DHCD for a period of three years.
a) Awardee certifies and represents that there are no undisclosed persons or entities
interested with the Awardee in this Agreement. This Agreement is entered into by the
Awardee without any connection with any other entity or person making a proposal for
the same purpose, and without collusion, fraud or conflict of interest. No elected or
appointed officer or official, director, employee, agent or other consultant of the
County, or of the State of Florida (including elected and appointed members of the
legislative and executive branches of government), or a member of the immediate
family or household of any of the aforesaid:
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
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5
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
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U. Publicity,Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the
United States Department of Housing and Urban Development(US HUD), as funding sources and
that the Awardee shall ensure that all publicity, public relations, advertisements and signs
recognize the County and US HUD for the support of all contracted activities. This is to include,
but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones,dedications, notices,
flyers, brochures, news releases, media packages, promotions, and stationery. The use of the
official County logo is permissible.The Awardee shall ensure that all media representatives,when
inquiring about the activities funded by this Agreement, are informed that the County and US HUD
are the funding sources. The Awardee shall notify the County of all events and activities involving
the Project ten(10)days prior to the activity or event.
When the Awardee obtain(s)the building permit(s),the CEDD Project Manager at the Department,
must be notified in order to request the project sign from Miami-Dade County General Services
Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD 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 DHCD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas
be provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons, particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below:
1. The work to be performed under this Agreement is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(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
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location of the person(s)taking applications for each of the positions; and the anticipated
date the work shall begin.
4. The Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training
positions, that are filled (1) after the Awardee is selected but before the Agreement is
executed, and (2)with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C.450e)also applies to the work to be performed under this Agreement. Section
7(b) requires that to the greatest extent feasible (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.
b. Personal Property: Personal property of any kind except real property.
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1) Tangible: All personal property having physical existence.
2) Intangible: AD personal property having no physical
existence such as patents,inventions, and copyrights.
c. 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.
d. 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 DHCD in whole or in part with CDBG funds received from DHCD 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 DHCD 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 DHCD, the Awardee shall, in
the sole discretion of DHCD, either pay to DHCD an amount equal to
the market value of the property as may be determined by DHCD 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 DHCD at no
cost to DHCD. 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 DHCD for $25,000 or less shall be
disposed of, at the expiration or termination of this Agreement, in accordance
with instructions from DHCD.
c. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with DHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from DHCD, 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 DHCD 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 DHCD. 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 DHCD 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 DHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to DHCD.
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 DHCD.
5. The Awardee shall obtain prior written approval from DHCD 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 DHCD.Those instructions may require
the return of all such property to DHCD.
X. Program Income
1. Program Income as defined in 24 CFR Part 570.500 means gross income received by the
Awardee directly generated from activities supported by CDBG funds. When Program
Income is generated by an activity that is only partially assisted with CDBG funds, the
income shall be prorated to reflect the percentage of CDBG funds used.
2. The Awardee shall not, under any circumstances, use Program Income to pay for charges
or expenses that are specifically not allowed pursuant to the terms of this Agreement and
applicable federal regulations or rules, or any County rules or ordinance.
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a. The Awardee shall comply with the Program Income provisions in DHCD's
Contract Compliance Manual. If any Program Income provisions of the Contract
Compliance Manual conflict with any Program Income provisions of this
Agreement,the provisions of this Agreement shall rule.
b. The Awardee shall report to DHCD 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 DHCD. This information, along with a check
payable to Miami-Dade County for the generated Program Income, must be
submitted quarterly as part of the Fiscal Section of the Awardee's Progress
Report as outlined in Section II, Paragraph F.2.a. The County may in its sole
discretion allow Awardee to Use Program Income to carry out eligible activities.
The Awardee may request to use Program Income for eligible activities.
c. If the Awardee requests to use Program Income, the Awardee shall provide to
DHCD a written explanation of the activities to be assisted with Program Income
and shall obtain DHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Subject to the limitations set forth in this Agreement, the Awardee may use
Program Income to fund any CDBG eligible activity as provided for and defined
by 24 CFR Part 570 et.seq.
e. Program Income from a revolving loan activity must be used only for the same
revolving loan activity.
f. Program Income from a revolving loan activity, such as loan repayments,
interest earned, late fees, and investment income, shall be substantially
disbursed to eligible loans, loan-related programmatic costs, and operational
costs for the same revolving loan activity before the Awardee may request
additional CDBG funds for that activity.
g. All Program Income from nonrevolving loan activities shall be substantially
disbursed to carry out other DHCD approved CDBG eligible activities, and to
cover operational costs before requesting additional CDBG funds.
h. Any proceeds from the sale of property as detailed in Section II, Paragraph
W.4.,above, shall be considered Program Income.
The Awardee shall obtain, as part of the required audit report, validation by a
certified auditor of all program generated 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. DHCD may require
remittance of all or part of any Program Income balances(including investments thereof)
held by the Awardee (except those needed for immediate cash needs, cash balances of
revolving loan fund, cash balances from a lump sum drawdown, or cash or investments
held for Section 108 security needs).
4. DHCD, 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 DHCD's Contract Compliance Manual.
Z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
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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.epls.gov/ Awardee
shall provide to DHCD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami-Dade County's debarred
Contractor's List; Awardee shall, at a minimum, check at
http://www.miamidade.gov/sba/reports-debarment.asp to determine if a
person or entity is on Miami-Dade County's debarred contractor's list. Awardee
shall provide DHCD 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 DHCD's Contract Compliance 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 DHCD 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
DHCD, set forth in this Agreement. DHCD 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 DHCD. 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 DHCD 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 DHCD, which approval shall not be unreasonably withheld, and that all such
sub-contractors or assignees shall be governed by the terms and intent of this
Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
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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.
4. The Awardee shall receive from DHCD written prior approval for any subcontract
engaging any party who agrees to carry out any substantive programmatic activities as
may be determined by DHCD as described in this Agreement. DHCD's approval shall be
obtained prior to the release of any funds to the subcontractor.
5. The Awardee shall receive written approval from DHCD 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 DHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by DHCD 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 DHCD(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 DHCD.
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Additional Funding
The Awardee shall notify DHCD of any additional funding received for any activity described in this
Agreement.Such notification shall be in writing and received by DHCD 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 DHCD adequate proof, as determined
by DHCD in its sole discretion,that the Awardee has incurred the expenditures. It shall be
presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to DHCD canceled checks or original invoices approved by the
Awardee's authorized representative. When original documents cannot be presented,the
Awardee must adequately justify their absence in writing and furnish copies of those
documents to DHCD. 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 DHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to DHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to DHCD, along with all original invoices, copies of front and
back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from
alll subcontractorsand suppliers, and all final approved permits, for payment within 30
days after the month in which the expenditures were incurred. Failure to comply will result
in rejection of invoices.
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.
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4. Any payment due under the terms of this Agreement may be withheld pending the receipt
and approval by DHCD of all reports and documents which the Awardee is required to
submit to DHCD 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 DHCD and the County's Risk
Management Division. DHCD 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 DHCD, 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 DHCD in accordance with DHCD's
Contract Compliance Manual.
8. Any unexpended funds remaining after the completion of the services under this
Agreement, or after termination of this Agreement, shall be recaptured in full by the
County.
9. In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded
under this Agreement, Awardee agrees to and shall assign any proceeds to the County
from any Agreement between the County, its agencies or instrumentalities and the
Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a
controlling financial interest in order to secure repayment of this award. "Controlling
financial interest"shall mean ownership, directly or indirectly to ten percent or more of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm, partnership or other business entity.
CC. Reversion of Assets
The Awardee shall return to DHCD, 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 DHCD 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
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Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
111. 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$650,000.00.
IV. THE AWARDEE AND DHCD AGREE:
A. Effective Date
1. This Agreement shall begin on March 1, 2011. Any costs incurred by the Awardee prior
to this date will not be reimbursed by the County.
2. This Agreement shall expire on February 28, 2013. 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 DHCD,
remain in effect during any period that the Awardee has control over Agreement funds,
including Program Income. However,the County shall have no obligation or responsibility
to make any payment, except those described within Section II, Paragraph Y, or provide
any type of assistance or support to the Awardee if this Agreement has expired or been
terminated.
4. Management Evaluation and Performance Review
The Department may conduct a formal management evaluation and performance review
of the Awardee, if in the Department's sole discretion it is deemed necessary and
applicable. The management evaluation shall reflect the Awardee's compliance with
generally accepted fiscal and organizational standards and practices. The performance
review should reflect the quality of service provided and the value received using
monitoring data, such as progress reports, site visits, and client surveys.
B. Default or Breach
1. The Awardee shall be in default or breach of this Agreement if any of the
following acts,omissions or conditions occur:
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A)within the effective term of this Agreement.
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.
29
f. Any anticipated or pending bankruptcy,restructuring,dissolution, reorganization,
appointment of a trustee or receiver.
9. 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.
i. Failure to comply strictly with Section W(2)(a)(1)-(2)of this Agreement.
C. Suspension
1. The County may suspend payment in whole or in part under this Contract by providing
written notice to the Awardee of such suspension and specifying the effective date
thereof, at least ten (10) days before the effective date of suspension. If payments are
suspended, the County shall specify in writing the actions that must be taken by the
Awardee as conditions precedent to resumption of payments and shall specify a
reasonable date for compliance. The County may also suspend any payments in whole
or in part under any other Agreements entered into between the County and the Awardee.
The Awardee shall be responsible for all direct and indirect costs associated with such
suspension, including attorney's fees. Reasonable cause shall be determined by DHCD,
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.
2. In the event of a default by the Awardee, DHCD 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. DHCD 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 DHCD upon no less than ten
(10) working days notice when DHCD determines that it would be in the best interest of
DHCD and the County. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. In the event of termination, the County
may: (a)request the return of all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the Awardee with County funds under this Agreement; (b) seek reimbursement of
County funds allocated to the Awardee under this Agreement; and/or (c) terminate or
cancel any other Agreements entered into between the County and the Awardee. The
Awardee shall be responsible for all direct and indirect costs associated with such
termination, including attorney's fees.
2. Termination for Convenience
30
DHCD 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.
DHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty(30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should
funds to finance this Agreement become unavailable, DHCD 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. DHCD shall be the final authority to determine whether or not funds are
available. DHCD 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 DHCD a release from its contractual obligations to the County.
The Director of DHCD 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
DHCD 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.
DHCD may terminate this Agreement, in whole or in part, when DHCD 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, DHCD 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, return receipt
requested,or in person with proof of delivery.
Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver
of any other breach and shall not be construed to be a modification of the terms of this
Agreement. The provisions herein do not limit the County's right to legal or equitable
remedies. The County may resort to any remedy for breach provided herein or at law,
including but not limited to, taking over the performance of the Services or any part
thereof either by itself or through others.
31
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 or Material Misstatement
In accordance with the Code of Miami-Dade County, Section 2-8.4.1, any individual or
corporation or other entity that attempts to meet its contractual obligations with the
County through fraud, misrepresentation or material misstatement, shall have its
Agreement with the County terminated, whenever practicable, as determined by the
County. The County may terminate or cancel any other Agreements which such
individual or other subcontracted entity has with the County. Such individual or entity shall
be responsible for all direct and indirect costs associated with such termination or
cancellation, including attorney's fees. The foregoing notwithstanding, any individual or
entity who attempts to meet it contractual obligations with the County through fraud,
misrepresentation or material misstatement may be disbarred from County contracting for
up to five(5)years.
E. Other Remedies
In addition to other provisions set forth herein, in the event of default by the Awardee, the
County shall have the right to exercise any and all of the following remedies:
1. Awardee shall be liable for all damages, including but not limited to:
a. lost revenues;
b. 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
c. 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 all direct and
indirect costs associated with such enforcement, including attorney's fees.
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Agreement, and
the County may withhold any payments to the Awardee until such time as the exact amount of
damages due the County is determined. The County may also pursue any remedies available at
law or equity to compensate for any damages sustained by the breach. The Awardee shall be
responsible for all direct and indirect costs associated with such action, including attorney's fees.
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.
DHCD shall be the sole judge of"reasonable, allowable costs." All compensation pursuant to this
Article is subject to an audit.
F. Renegotiation, Modification and Right to Waive
32
•
1. Modifications of provisions of this Agreement shall be valid only when in writing and
signed by duly authorized representatives of each party. The parties agree to renegotiate
this Agreement if DHCD 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. DHCD
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 for up to
one year beyond the current Agreement period and will notify the Awardee(s)in writing of
the extension. This Agreement may be extended beyond the initial year extension period
upon mutual agreement between the County and the Awardee(s), upon approval by the
Director of the Department of Housing and Community Development.
3. DHCD may, for good and sufficient cause, as determined by DHCD in its sole and
absolute discretion, waive provisions in this Agreement or seek to obtain such waiver
from the appropriate authority.Waiver requests from the Awardee shall be in writing. Any
waiver shall not be construed to be a modification of this Agreement.
4. DHCD's failure to exercise any of its rights under this Agreement, or DHCD'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 DHCD 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 DHCD's Contract Compliance Manual.These revisions shall not require a Agreement
amendment unless the amount of this Agreement is changed or unless otherwise
required by DHCD. All budget revisions shall require the written approval of DHCD.
DHCD shall have no obligation to approve payment of expenditures incurred prior to the
approval of the budget revision related to such expenditures.
2. Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by action from the
Board of County Commissioners, written notification via certified mail to the Awardee
advising of the funding reduction shall be sent by DHCD no later than 5 working days of
the action; written notification will constitute a Agreement amendment. The Awardee will
have five working days upon receipt of certified return receipt notification to submit a
revised budget reflecting funding adjustments. Should the modified budget not be
received within the specified time, DHCD will revise the budget at its discretion. DHCD 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
This Agreement may,at the sole and absolute discretion of the County and DHCD,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 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.
33
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 DHCD, DHCD shall refer the
questions, including the views of all interested parties and the recommendation of DHCD, to the
County Manager for determination. The County Manager, or an authorized representative, will
issue a determination within thirty (30) calendar days of receipt and so advise DHCD and the
Awardee, or in the event additional time is necessary, DHCD will notify the Awardee within the
thirty (30) day period that additional time is necessary. The Awardee agrees that the County
Manager's determination shall be final and binding on all parties.
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 Manager 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 and any
proceedings arising between the parties, in any manner pertaining or relating to this Agreement,
shall,to the extent permitted by law, be held in Miami-Dade County, Florida.
M. Notice and Contact
All notices between the Parties shall be in writing and sent by registered or certified mail and
addressed as follows:
TO AWARDEE: Mr.Clarance Patterson, City Manager
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, Fl 33054
Attn: Mr. Clarence Patterson
COPY TO:
Attn:
34
TO COUNTY: Miami-Dade County
111 N.W. 1st Street
Miami, Florida 33128
Attn: County Manager
COPY TO: Department of Housing and Community Development
701 NW 15t Court, 14th Floor
Miami, FL 33136
Attn: Rowena Crawford,Assistant Director
COPY TO: Department of Housing and Community Development
701 NW 1st Court, 14th Floor
Miami, FL 33136
Attn: Jesus Hernandez, DHCD Project Manager
COPY TO: Assistant County Attorney
County Attorney's Office
111 N.W. 1st Street, Suite 2810
Miami, Florida 33128
Attn: Brenda Kuhns Neuman,Esquire
Such addresses may be changed by written notice to the other party.
In the event that different representatives are designated by either party after this Agreement is
executed, or the Awardee changes its address, notice of the name of the new representative or
new address will be rendered in writing to the other party and said notification attached to originals
of this Agreement.
In the event that any of the information required by the provisions of this Article is changed by
either of the 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 Trial
Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations,
services and representations herein, nor any assignee, successor, heir or personal representative
of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any
lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this
Agreement, or the dealings or the relationship between or among such persons or entities, or any
of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate
any such action in which a jury trial has been waived. The provisions of this paragraph have been
fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions.
No party has in any way agreed with or represented to any other party that the provisions of
this paragraph will not be fully enforced in all instances.
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement,
including any rights,title or interest therein, or its power to execute such Agreement to any person,
company or corporation without the prior written consent of the County.
P. Third Parties
This agreement is intended for the sole and exclusive benefit of the parties and is not intended to
benefit any third party nor shall it be deemed to give rise to any rights in any third party.
Q. Survival
The parties acknowledge that any of the obligations in this agreement, including but not limited to
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
35
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. Conflict
This Agreement and its attachments as referenced(Attachment A-Scope of Services;Attachment
Al — Action Steps; Attachment B - Budget; Attachment B-1 Idemnification and Insurance
Requirements; Attachment B-2 —CDBG Program Requirements; Attachment C - Progress Report
and Set-Up Forms; Attachment D - Information for Environmental Review; Attachment E —
Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage;
Attachement G — Fair Subcontracting Policies; Attachement H — Subcontractor/Supplier Listing)
contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of
the parties hereto.
In the event that a conflict arises between any prior funding documents and/or agreements
governing this development, the terms, provisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review (SLR) determines the project's true gap financing
needs to be less than the maximum award allocated by the Board of County Commissioners, the
SLR amount shall prevail.
Any Awardee granted additional funding for a Project, shall be bound by the terms and conditions
of the subsequent funding award.
T. 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.
U. 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.
V. Corporate Governance
36
A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly
Sections 607.0830 through 607.0833, as amended,which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
37
IN WITNESS THEREOF,the parties hereto have caused this Thirty-Eight (38)page contract to be executed by their
undersigned officials as duly authorized,this day of 2011.
AWARDEE: MIAMI-DADE COUNTY
The City of Opa-Locka
BY: BY:
NAME: Mr. Clarance Patterson NAME:
Carlos Alvarez
TITLE: Mayor
TITLE: City Manager
DATE:
BY: ATTEST
NAME BY:
TITLE: TITLE: Clerk, Board of County Commissioners
DATE
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal ID Number: 59-60000394
Resolution#:
Awardee's Fiscal Year Ending Date September 30
CORPORATE SEAL:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
38
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14AM
COUNTY
ATTACHMENT B-1
INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR CONSTRUCTION AND MAJOR
REHABILITATION ACTIVITIES
Contractor shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,
which the County or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of this Agreement by the Contractor or its employees, agents, servants, partners
principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall
investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. Contractor expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided.
The Contractor shall furnish to Miami-Dade County, do Office of Community and Economic Development,
701 NW 1S` Court, 14th Floor, Miami, FL 33136, Certificate (s) of Insurance which indicate that insurance
coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida
Statute 440.
B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000
combined single limit per occurrence for bodily injury and property damage. Miami-Dade
County must be shown as an additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $500,000 combined single limit per
occurrence for bodily injury and property damage.
D. Completed Valued Builder's Risk Insurance on an "All Risk" basis in an amount not less than
one hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Miami-Dade and the Contractor.
E. Professional Liability Insurance in the name of design professional for this project, in an amount
not less than$250,000 with the deductible per claim, if any, not to exceed 10%of the limit.
All insurance policies required above shall be issued by companies authorized to do business under the laws
of the State of Florida,with the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick,New Jersey, or its equivalent, subject to
the approval of the County Risk Management Division.
or