HomeMy Public PortalAbout11-8266 Rehabilitation of Lift Station 11A Sponsored by: City Manager
Resolution No. 11-8266
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT(CDBG)AWARD,IN THE
AMOUNT OF TWO HUNDRED THOUSAND DOLLARS
($200,000.00) FOR THE REHABILITATION OF LIFT
STATION 11A PROJECT FOR THE CONTRACT PERIOD OF
JANUARY 1, 2011 THROUGH DECEMBER 31, 2012, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
THE REMAINING PROJECT COST TO BE PAID BY THE
CITY, PAYABLE FROM ACCOUNT NO. 35-535630;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, per Resolution No. 10-8170 the City Manager was authorized to submit an
application for the CDBG grant; and
WHEREAS,the Miami-Dade County Board of County Commissioners approved the award
recommendation for Lift Station 11A Rehabilitation project on March 1, 2011 per Resolution#R-
179-11; and
WHEREAS,the CDBG grant is a partial funding,with the remaining project cost for Pump
Station 1 1 A to be paid by the City, payable from Account No. 35-535630; and
WHEREAS,The City Commission of the City of Opa-locka desires that the City Manager
accept and execute the necessary agreement for the CDBG award.
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.
RESOLUTION NO. 11-8266
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to accept the Miami-Dade County Department of Housing and Community
Development Block Grant (CDBG) award, in the amount of Two Hundred Thousand Dollars
($200,000.00) for the rehabilitation of Lift Station 11A project for the contract period beginning
January 1, 2011 through December 31, 2012, in a form acceptable to the City Attorney, with the
remaining cost to be paid by the City, payable from Account No. 35-535630.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27`h day of July, 2011.
(11/itl)
A TAYLOR
MAYOR
Attest-xq: /
4/
De.orah S.
City Clerk
App I ved as to .b rm an• legal suffi q y:
/ /1 r
by/ I A
J. oh S. vet•per
Atto fey
Moved by: VICE MAYOR TAYLOR
Seconded by: COMMISSIONER TYDUS
Commission Vote: 3-0
Commissioner Holmes: NOT PRESENT
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 Doroth ohnson
Commissioner Ti 11 s 1 y Holmes
Commissioner ' ose Tydus
Commissioner Gail Miller
FROM: Bryan K. Finn' , I 1 erim City Manager
DATE: July 13, S 1 ,
RE: Aut 1 1 riz�'on t 1 .ccept the HCD-CDBG grant award for Lift Station 11A
Request: A RES P ''re F THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AU . e'd Z G THE CITY MANAGER TO ACCEPT THE MIAMI-DADE
COUNTY HO. ■ AND COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AWARD, IN THE AMOUNT OF TWO HUNDRED THOUSAND
DOLLARS ($200,000.00) FOR THE REHABILITATION OF LIFT STATION 11A PROJECT
FOR THE CONTRACT PERIOD OF JANUARY 1, 2011 TO DECEMBER 31, 2012, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
Description: An application was submitted to Miami Dade County Housing and Community
Development requesting $200,000.00 in gap funding for Lift Station #11A Rehabilitation Project.
The Miami Dade County Board of County Commissioners approved the award recommendation on
March 1, 2011 through Resolution#R-179-11.
Financial Impact: The project was budgeted in The CDBG grant is a partial funding for the
project. The remaining project cost will have to be covered by the City—Account# 35-535630.
Implementation Time Line: Immediately.
Legislative History: Resolution No. 10-8170 authorizing the City Manager to submit the
application.
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 executing the contract, the city can begin the construction phase.
Analysis: The Lift Station 11A Rehabilitation Project will facilitate the compliance with the Miami
Dade County wastewater regulations.
Attachment(s): Copies of the Miami Dade County Contract and Resolutions.
END OF MEMORANDUM
• Housing and Community Development
701 NM. 1st Court, 14th Floor
MIAMI-DAD Miami,Florida33136
COUNTY T 786-469-2100 F 786-469-2236
miamidade gw J .'i. 1 2 I ' 1
April 7, 2011
Mr. Clarance Patterson
City Manager
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, FL 33054-3521
Activity Title: Lift Station 11A Rehabilitation Project
Category: Public Facilities/Capital Improvements
Source: CDBG
Approved Amount: $200,000
Re: FY 2011 Award Letter
Dear Mr. Patterson:
On March 3, 2011, the Board of County Commissioners (BCC) approved the FY 2011 Action Plan
funding allocations for the FY 2011 Community Development Block Grant (CDBG), the HOME
Investment Partnerships (HOME), the Emergency Shelter Grant (ESG), and the State Housing
Initiative Partnerships (SHIP) Programs. This action by the BCC was the culmination of the FY
2011 Consolidated Request for Applications (RFA) process, which began on November 8, 2010,
and was coordinated by the Department of Housing and Community Development (DHCD).
Please be advised that the United States Congress has not acted on the FY 2011 budget
Congress may reduce CDBG funding intended for the above referenced federal proorams,
which may impact your FY 2011 allocation. Additionally,while the BCC approved the Action
Plan on March 3, 2011, DHCD cannot allocate any funds until the Action Plan is approved by
the United States Department of Housing and Urban Development(U.S. HUD).
In an effort to initiate the contract preparation and execution process, please fill out and return the
following documents (see enclosed samples) by Tuesday, April 18, 2011.
• Detailed and summary budgets as per format provided;
• Scope of services as per format provided;
• Environmental Review (ER)form with attachments.
In addition, funded agencies are required to attend our Contract Development Technical
Assistance workshop as follows:
• Tuesday, April 19, 2011 from 1:00 p.m. to 5:00 p.m. at the Stephen P. Clark
Center, 111 NW 1`t Street, 18th Floor,Miami, Florida 33128
Mr. Clarence Patterson
City Manager
City of Opa-locka
April 7, 2011
Page 2
The purpose of the workshop is to provide technical assistance to agencies regarding the contract
development process. The workshop will focus on the federal requirements, the execution of the
required documents, and the preparation of scopes of services and budgets. Your participation will
ensure not only the expeditious development of your contract(s), but also the implementation and
the completion of your activities within the required time frames.
Please contact Cordella Ingram, Project Manager Supervisor, at (786) 469-2165, if you have any
questions.
Sincerely,
604'; 471
Rowena Crawfor
Assistant Director
RC:ci:ed
Enclosures
c: Clarence Brown, Director, Community and Economic Development Division, DHCD
Colleen Brown, Manager, Project Management, DHCD
Rickert Glasgow, Manager, Community Planning and Outreach Division, DHCD
Cordella Ingram, Supervisor, Project Management, DHCD
OFFICIAL FILE COPY
CLERK OF THE BOARD
OF COUNTY COMNIISSIONERS
AM
IVITAMI-DADE COUNTY, FLORIDA Memorandum CO
Date: March 1, 2011
To: Honorable Chairman Joe A. Martinez Agenda Item No. 5(B)
and Members, Board -f County Commissioners Resolution Number: R-179-11
From: George M. Burgess`"�
County Manager
Subject: FY 2008-2012 Consolidated Plan a FY 2011 Action Plan Funding Recommendations
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the FY 2011 Action Plan and
the FY 2011 funding recommendations, as identified in Exhibit 1, for the Community Development Block
Grant (CDBG), Home Investment Partnerships Program (HOME), Emergency Shelter Grant (ESG), and
State Housing Initiatives Partnership (SHIP) grants, which includes the requested amount and the funding
recommendations for each entity.
It is also recommended that the BCC authorize the County Mayor or Mayor's designee to submit the FY
2011 Action Plan to the United States Department of Housing and Urban Development(US HUD)by March
31,2011; and to execute all contracts, agreements, and amendments necessary to implement the FY 2011
Action Plan, with an effective date of January 1, 2011 for CDBG, HOME, ESG and SHIP activities. The FY
2011 Action Plan does not include Documentary Stamp Surtax(Surtax)funding.
SCOPE
Exhibit 1 includes the proposed funding recommendations under the FY 2011 Action Plan and the
Commission District location which the recommended agencies propose to serve.
PURPOSE OF THE CONSOLIDATED PLANNING PROCESS
Miami-Dade County is required to submit a Consolidated Plan to US HUD in accordance with the
Consolidated Submissions for Community Planning and Development programs (24 CFR Parts 91.1
through 91.600). The Department of Housing and Community Development(DHCD), which is Miami-Dade
County's lead agency for the coordination of the Consolidated Plan, adheres to the rule requiring a single
consolidated submission for the planning and application aspects of the federal CDBG, HOME, and ESG
programs.
An annual Action Plan has to be created for each of the five calendar years included in the 2008-12
Consolidated Plan. The Action Plan document describes federal and other non-federal resources available
to fund priority activities that demonstrate the capacity to achieve the US HUD National Objective. US HUD
uses National Objective to assess whether a funded activity has achieved the purpose for which the
funding was provided. Additionally, the Action Plan lists the activities to be undertaken, the National
Objective,the geographic distribution of activities, homeless and special needs activities, and other actions
taken to address the goals and objectives of the Consolidated Plan. In addition,the Action Plan is updated
on an ongoing basis as funds are reprogrammed throughout the program year.
CHALLENGES OF THE 2011 ACTION PLAN
The changing environment for CDBG entitlement communities demands a more rigorous examination of
our approach to funding those agencies that perform services in our communities. Clearly, performance,
both timely and within regulations, must be the benchmark since this has a direct impact on Miami-Dade
County's ability to meet its US HUD mandated expenditure ratio requirement and the National Objective.
One of the primary challenges faced by Miami-Dade County in past years has been the need to comply
with US HUD's CDBG expenditure ratio. Under the provisions of CDBG regulation 24 CFR 570.902, a
timeliness test is conducted annually, 60 days prior to the end of the program year. A grantee is
considered timely if the balance in the line of credit does not exceed 1.5 times the annual grant. On
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 2
October 29, 2010, the line of credit balance for Miami-Dade County had a ratio of 1.45. US HUD's
measurement date for the expenditure ratio of Miami-Dade County is November 2nd of each year.
Under this Action Plan, strong consideration was given to funding agencies at a level that would allow them
to meet performance objectives and expend funds in a timely manner. Staff continues to strongly
encourage agencies to seek supplemental funding to leverage the grant award received through the
County's CDBG, HOME, ESG, and SHIP request for application(RFA)process.
Another challenge faced by Miami-Dade County is the ability to appropriately document that the National
Objective has been met as required by US HUD. To improve the oversight and administration of the CDBG
program,staff has implemented the following steps:
• Revised the progress report checklist to better capture data required by US HUD and enhanced the
monitoring tools and review process;
• Provide a higher level of technical assistance to agencies regarding the proper documentation
needed to demonstrate achievement of the national objectives and performance goals;
• Suspend payments to agencies that do not comply with reporting requirements or are non-
performers;
• Provide ongoing training to DHCD staff on US HUD rules and regulations, data collection, reporting
and monitoring practices;and
• Ensures that only eligible activities are considered for funding and that the receiving agencies have
the capacity to meet the national objectives and performance goals.
FY 2011 CONSOLIDATED PLANNING PROCESS POLICIES
On November 4, 2010, the BCC approved the FY 2011 Consolidated Planning Process Policies, through
Resolution R-1083-10. The intent of the new policies is to streamline the FY 2011 Consolidated RFA
process and ensure that the County enters into viable, results oriented contracts. The policies are
also intended to encourage increased investment in the County's Neighborhood Revitalization
Strategy Areas (NRSAs), increased involvement of the NRSA Community Advisory Committees
(CACs) in the RFA review and approval processes, and to facilitate adherence to the CDBG 1.5
expenditure ratio.
The FY 2011 Action Plan was developed with extensive consultation and participation from the CACs,
community residents, and both the public and private sectors. This plan reflects the input gathered from
neighborhood meetings, community-based organizations (CBOs), community development corporations
(CDCs), municipalities, and County departments.
The key policy changes approved through the FY 2011 Policy Paper include:
1) Eliminating the $100,000 to the CACs and allocating $3.472 million(20 percent)of the CDBG funds
for projects in the NRSAs
2) Allocating $1.736 million(10 percent)of CDBG funds for the Economic Development category
3) Allocating $1.736 million (10 percent) of CDBG funds for Public Facilities/Capital Improvements
category
FY 2011 FUNDING SOURCES
Consistent with the past several years, the FY 2011 Action Plan process continues to include the federally
funded CDBG, HOME and ESG programs. By including all these funding sources in one document, DHCD
adhered to a "true" consolidated RFA process for all of the related programs. Close coordination of these
programs and resources continues to be essential to prevent duplication of funding or funding in excess of
the needs of an activity. The following table summarizes the various funding sources:
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 3
Table 1: FY 2011 Funding Sources
Community Development Block Grant(CDBG) 17,360,000
Home Investment Partnerships(HOME) 6,679,000
Emergency Shelter Grant(ESG) 750,000
State Housing Initiatives Partnership(SHIP) 500,000
Total All Sources $25,289,000
CITIZEN PARTICIPATION REQUIREMENTS
US HUD regulations require the County to hold a minimum of two public hearings at different stages of the
Planning Process. The first public hearing requires input from citizens on housing and community
development needs. On September 15, 2010,the first required public hearing was held before the Housing
and Community Development (HCD) Committee of the BCC to obtain public input on the FY 2011
Consolidated Planning Policies that formed the basis for the FY 2011 Action Plan recommendations. The
second public hearing, which is intended to obtain public comments on the FY 2011 Action Plan funding
recommendations, is scheduled for the date when the proposed 2011 Action Plan is considered by the full
Board.
US HUD requires that the FY 2011 Action Plan be made available for public comments for a period of 30
days prior to the final adoption of the funding recommendations by the BCC. On January 30, 2011, the
County issued a public notice informing the public of the availability of the FY 2011 Action Plan funding
recommendations at specifically designated locations.
In addition to the requests for participation through the above stated publications,from March 2010 through
September 2010, DHCD, in coordination with staff from the Community Action Agency (CAA), held more
than 40 community public meetings to monitor the performance of ongoing activities and identify priorities in
commission districts, NRSAs, and eligible block groups. Attachment A to this document identifies the
meeting dates and locations.
REQUESTS FOR APPLICATIONS AND EVALUATIONS
Once the BCC approved the FY 2011 Consolidated Planning Policies, applications for funding were
solicited through the consolidated RFA process. Funding requests totaled $21,027,479, including
$9,130,504 for CDBG; $10,076,975 for HOME which included $1,478,000 for homeless housing and
$8,598,975 for other housing activities; $750,000 for ESG; and $1,070,000 for SHIP. Funding available for
award through the RFA process totaled $12,205,100, comprising $6,944,000 in CDBG funds, $4,011,100 in
HOME, $750,000 in ESG and$500,000 in SHIP.
The FY 2011 RFA was made available on November 8, 2010 and applications were due by December 10,
2010. The public was advised of the application process through a notice in The Miami Herald and posting
of the notice via the County website. In addition, notification was mailed directly to all currently funded
agencies. During the month-long RFA application process, DHCD, in conjunction with the Miami-Dade
Homeless Trust(HT), convened three technical assistance workshops on November 29, December 1, and
December 3, 2010. Staff provided technical assistance to every agency that requested assistance
throughout the application period. Attachment B is a timeline for the FY 2011 Action Plan.
FY 2011 EVALUATION COMMITTEE
In accordance with the FY 2011 Consolidated Planning Process Policies, DHCD established four RFA
Evaluation Committees that were responsible for reviewing,evaluating, and scoring each application under
four distinct categories: Housing, Economic Development, Homeless, and Public Facilities and Capital
Improvements. This year's evaluation process involved representatives from each of the eight NRSAs, as
well as staff from DHCD and other County departments. This is the first Action Plan Evaluation that has
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 4
directly engaged NRSA representatives to evaluate and score proposals. Final scores and ranking of the
applications were based on the following criteria:
• Organizational and Financial Capacity—Fiscally sound agencies and organizations that have the
skills and experience needed to carry out the proposed activity.
• Priority Need — Activities that meet a high priority need as identified by residents in the County's
Consolidated Plan.
• Geographic Location—Priority is given to activities located in NRSAs and eligible block groups.
• Track Record—Organizations whose past performance reflects successful and timely completion of
an activity and the accomplishment of a national objective for the activity undertaken were highly
favored.
• Leveraging—Activities with demonstrated funding commitments from non-County sources, such as
private bank financing, foundation and corporate grants, State funding, and equity from the
syndication of tax credits.
Additionally, for the housing activities, priority was given to projects that are ready to begin construction.
New construction projects for homeownership were not recommended for funding unless they represented
activities being undertaken by not-for-profit Community Housing Development Organizations (CHDOs)that
have already received prior funding under the HOME CHDO program.
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)PROGRAM
The FY 2011 CDBG allocation is approximately $17.360 million, which includes an entitlement grant of
$17.060 million and $300,000 in program income. The following table reflects the recommendation of
CDBG funding for Administration, Economic Development, Historic Preservation, Housing, Public
Facility/Capital Improvements,and Public Service:
Table 2: CDBG Recommended Activities
Administration 3,472,000
Economic Development 2,861,000
Historic Preservation 125,000
Housing 1,125,000
Public Facilities/Capital Improvements 7,173.000
Public Services 2,604,000
TOTAL 17,360,000
As explained further in this memorandum, of the $17.360 million, a total of$3.477 million, or 20 percent, of
the recommendations in the above categories are for activities in NRSAs. Additionally all public service
activities are undertaken by County departments. Commission Allocations are also distributed
appropriately among the categories above. Additionally, funding is being recommended at the same level
as was recommended in 2010 for most agencies.
Administration
The proposed allocation of $3.472 million for Administration represents 20 percent of the total CDBG
entitlement,which is consistent with US HUD's regulation establishing the 20 percent cap on administrative
expenditures. A total of $3.096 million will be allocated to DHCD to cover the costs of program
administration; $179,000 to the Department of Planning and Zoning for administration of Historical
Preservation; and $97,000 to the Human Rights and Fair Employment Practices for fair housing support.
Administration funding in the amount of $100,000 is also being recommended for HOPE, Inc., a private
nonprofit agency that administers a Fair Housing Education and Outreach Program on the County's behalf.
Honorable Chairman Joe A. Martinez
and Members, Bcard of County Commissioners
Page 5
Economic Development
Total funding recommendation for the economic development category is $2.861 million which includes
funding for the business incubator assistance, technical assistance, and other eligible economic
development activities. A total of 22 applications were received in this category, six of which did not score
45 percent and above and were deemed ineligible for funding. One agency scored above the 45 percent
threshold but was not recommended for funding because the activity is inconsistent with the objectives of
the Economic Development category. The remaining 15 eligible activities are recommended for funding.
As required by Ordinance No. 97-33, which created the Urban Economic Revitalization Task Force
(UERTF), the FY 2011 CDBG Economic Development funding recommendations were presented to the
Task Force for review. As the Board is aware, if the County Manager's final funding recommendations are
different from those of UERTF's, a two-thirds vote of the members of the BCC is required to approve staffs
recommendations. However, UERTF's funding recommendations are consistent with staffs
recommendations.
Historic Preservation
Total funding recommendation for the historic preservation category is $125,000 for the Planning and
Zoning McFarlane Project. This activity is focused primarily on the preservation, through rehabilitation, of
single family homes.
Housing
Total funding recommendation for the housing category is $1.125 million of which $975,000 is for a variety
of housing rehabilitation activities to include energy conservation programs for the elderly, code
enforcement activities,water and sewer connections assistance, and a paint program.
Public Facilities/Capital Improvements
Total funding recommendation for the public facilities/capital improvements category is $7.173 million for
participating municipalities and non-profits to undertake or complete drainage improvements, sidewalk
replacement and handicap intersection ramping, street improvements, upgrades to lift stations, park
improvements, and rehabilitation of a community-based facility. A total of 14 applications were received in
this category, six of which did not score above the 45 percent threshold and were deemed ineligible for
funding. The other eight eligible activities are recommended for funding.
Public Services
Total funding recommendation for public service activities is $2.604 million, or 15 percent of the CDBG
funding, in keeping with US HUD rules and regulations. The CDBG program allows the use of grant funds
for a wide range of "Public Service" activities, including, but not limited to, employment services, crime
prevention, child care health services, and substance abuse services. The County accomplishes its public
service goals through County departments.
Neighborhood Revitalization Service Areas
Total funding recommendation for the NRSAs is $3.477 million, or 20 percent as approved in the FY 2011
Policy Paper. This allowed the County to promote increased investment in the NRSAs in support of
activities that have the potential for greater community impact and visibility. Additionally, for the first time
the CACs actively participated in the RFA evaluation and scoring process. A total of $1.817 million is
recommended for public facilities/capital improvements; $1.536 million for economic development activities;
and$124,000 recommended for housing activities.
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 6
Table 3: FY 2011 CDBG NRSAs Recommendations
Agency Activity District NRSA FY 2011
Community Development Block Grant(CDBG)-Public Facilities/Capital Improvements
City of Opa-Locka Lift Station#8 Improvement Project 1 Opa-Locka 100,000
City of Opa-Locka Lift Station#11A Improvement Project 1 Opa-Locka 200,000
City of South Miami SW 64th Street Improvements 7 South Miami 177,000
South Florida Urban Ministries,Inc. SFLUM Community Center 2 West Little River 150,000
Miami-Dade Park and Recreation African Heritage Cultural Arts Facility 3 Model City 50,000
Improvements
Miami-Dade Park and Recreation Leisure Lake Park Facility 8 Naranjo 185,000
Improvements
Miami-Dade Park and Recreation Quail Roost Park Facility y Perrine 200,000
Improvements
Miami-Dade Public Works Goulds Capital Improvements 9 Goulds 303,000
Miami-Dade Public Works Melrose Capital Improvements 2 Melrose 200,000
Miami-Dade Public Works West Little River Capital 2 West Little River 200,000
Improvements
Miami-Dade Public Works West Little River Tree Planting 2 West Little River 52,000
Subtotal Public Facilities 1,817,000
CDBG-Economic Development
Agency Activity District NRSA FY 2011
79th Street Corridor Neighborhood Economic Development-79th Street 2 West Little River 210,000
Initiative,Inc. Technology Project
Barry University-ED Technical Multi- Opa-Locka,South
Barry University,Inc. Assistance District Miami and Model City 122,000
Black Economic Development Coalition, Liberty Square Small Business Pilot 2&3 Model City 175,000
Inc.dba Tools for Change Program
Dynamic Community Development conomic Development/Technical 2 Melrose 80,000
ty p Corp.rp. Assistance
Enterprise Development Corp.of South Incubate Miami 5&7 South Miami 156,000
Florida
1'2,5, Opa-Locka and
Hialeah Dade Development,Inc. Hialeah Dade Development,Inc. 6,12& Melrose 138,000
13
Neighbors and Neighbors Association, Edmondson Small Business 2&3 Melrose,Model City, 200,000
Inc. Development Hub Business Incubator &West Little River
Neighbors and Neighbors Association, Goulds Business Resource Center 8&9 Goulds and Perrine 200,000
Inc.
South Florida Puerto Rican Chamber of Micro Loan/Technical Assistance 1&2 Opa-Locks and 75,000
Commerce,Inc. Program Melrose
South Florida Urban Ministries,Inc. Assets Miami 2 West Little River 180,000
Subtotal Economic Development 1,536,000
CDBG—Housing
Community Action Agency Naranja Sunny Haven Water Sewer 9 Naranja 124,000
Connections
Subtotal Housing 124,000
Total NRSA Funding $3,477,000
County Departments
As is illustrated in the following table, $6,944,000 or 40 percent of total CDBG funding, is being allocated to
County departments to undertake activities that benefit low- to moderate-income residents in the NRSAs
and eligible block groups, as follows:
C2
Honorable Chairman Joe A. Martinez
and-Members, Board of County Commissioners
Page 7
Table 4: FY 2011 CDBG-County Department Programmatic Recommendations(40 Percent)
Department Programs Category Funding
Building and Neighborhood Compliance Code Enforcement Housing 429,000
Community Action Agency Elderly Residential Energy Housing 100,000
Conservation Program
Community Action Agency Paint Program Housing 322,000
Greater Miami Service Corps Employment and Training Public Service 371,000
Greater Miami Service Corps Graffiti Abatement Program Capital Improvement 170,000
Homeless Trust Beckham Hall Facility Improvements Capital Improvement 100.000
Housing and Community Development Enterprise Zone Program Economic Development 146,000
Housing and Community Development Professional Serviced Capital Improvement 89,000
Technical Assistance
Housing and Community Development Professional Serviced Housing 150,000
Technical Assistance
Human Services Facilities Improvements Capital Improvement 1,939,000
Human Services Seymour Gelber Facility Improvements Capital Improvement 267,000
Human Services Treatment Alternatives to Street Crime Public Service 500,000
Human Services Advocates for Victims Public Service 500,000
Juvenile Services Diversion Programs Public Service 500,000
Park and Recreation Country Club of Miami South Miami Capital Improvement 270,000
Facility Improvement
Planning and Zoning Historic Preservation-McFarlane House Historic Preservation 125,000
Public Works Graffiti Removal Capital Improvement 233,000
Florida Department of Health Immunization Van Public Service 74,000
Florida Department of Health Rodent Control Program Public Service 659,000
Total County Programs: $6,944,000
COMMISSION ALLOCATIONS
As has been the practice in recent years, $2.6 million, or $200,000 per Commission District, has been
earmarked to support CDBG-eligible activities in each of the 13 districts. In making their awards,
Commissioners were encouraged to prioritize activities in the NRSAs and eligible block groups, and
activities recommended for funding under the competitive 2011 RFA that scored a minimum of 45 points
and have, as a result, been deemed eligible for funding. To assure compliance with US HUD mandates,
the County has eliminated Commission District Reserves. As a result of this mandate, DHCD staff met with
each Commissioner to review activities eligible for funding. The following are the funding recommendations
from the Commission Allocations:
TABLE 5:FY 2011 Commission Allocations
District Activity Description Category Activity Address Amount
1 Capital Improvements City of Opa-Locka,Lift Station#11A 350 Bahnman Avenue,Opa-
1 8100,000
rehabilitation Locka
1 City of Opa-Locka,Lift Station#8A rehabilitation Capital Improvements 2352 NW 147 Street,Opa-Locka 100,000
2 Neighbors and Neighbors Association,Inc.- Economic 180 NW 62 Street,Miami 50,000
nt
Technical Assistance Developme
2 South Florida Urban Ministries,Inc. -Small Economic 11500 NW 12 Avenue,Miami 50.000
Business Technical Assistance Development
2 Black Economic Development Coalition,Inc.- Economic 1415 NW 63 Street,Miami 50,000
(Liberty Square Small Business Pilot Program) Development
2 79th Street Corridor Neighborhood Initiative(W. Economic 7900 N.W.27TH Avenue,Suite 50,000
Little River) Development 236,Miami
3 Neighbors and Neighbors Association,Inc.- Economic 180 NW 62 Street,Miami 50.000
Technical Assistance Development
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 8
District Activity Description Category Activity Address Amount
3 African Heritage Cultural Arts Center-Marquee Public Facilities 6161 NW 22 Avenue,Miami 50,000
signage
3 Black Economic Development Coalition,Inc.- Economic
Liberty Square Small Business Pilot Program Development 1415 NW 63 Street,Miami 50,000
3 Contractors Resource Center,Inc.-Community Economic 1730 Biscayne Blvd.,Suite 201,
Contractors&Residents Construction Program Development Miami 50,000
4 Greynolds Park:Capital Renovation,playground 17530 W.Dixie Hwy.,
renovation Public Facilities North Miami Beach 20,000
4 Greynolds Park:Capital Improvement,new 17530 W.Dixie Hwy.,
Heritage sign Public Facilities 52,200
North Miami Beach
Douglas Gardens Community Mental Health
4 Center of Miami Beach,Inc./Golden Palms Public Facilities 17000 NE 21 Avenue, 127,800
facility renovations North Miami Beach
5 Drainage and sidewalk improvements Public Facilities NW 20 St.&Delaware Parkway 200,000
East to NW 27 Avenue,Miami
6 City of West Miami-sidewalk
replacement/handicap intersection ramping Public Facilities 901 SW 62 Avenue,West Miami 62,000
6 A.D.°Doug°Barnes Park-capital renovation Public Facilities 3401 SW 72 Avenue,Miami 100,000
6 Brothers to the Rescue Memorial Park- Public Facilities 2420 SW 72 Avenue,Miami 38,000
park/facility improvements
7 Barry University-Economic Development Economic 11300 NE 2 Avenue,
Technical Assistance Development Miami Shores 50,000
7 City of South Miami-SW 64 Street Public Facilities SW 64 Street,South Miami 50,000
improvements
7 Neighbors and Neighbors Association,Inc.- Economic
technical assistance/economic development Development 180 NW 62 Street,Miami 50,000
7 South Florida Urban Ministries-Community Public Facilities 11500 NW 12 Avenue,Miami
Center 50,000
8 Park and Recreation-Palmland Park Public Facilities 13531 SW 304 Street,Miami 15,000
8 Park and Recreation-Leisure Lakes Park(new Public Facilities 29305 Illinois Road,Miami 185,000
playground/shade)
9 Quail Roost Park-Park and Recreation Public Facilities 11359 Quail Roost Drive,Miami 200,000
10 Ruben Dario Park-Facility improvement,Park public Facilities 9825 W.Flagler Street,Miami 100,000
and Recreation
10 Seymour Gelber Adult Day Care Center- Public Facilities 11025 SW 84 Street,Miami 100,000
Facility improvements
11
International
emen Gardens Park-Park Public Facilities 12321 SW 18 Terrace,Miami
Improvements 50,000
11 Olympic Park-resurface basketball courts Public Facilities 8601 SW 152 Avenue,Miami 18,000
11 Tamiami Park-upgrades to baseball fields Public Facilities 11201 SW 24 Street,Miami 132,000
Between W.Flagler Street to
12 City of Sweetwater Drainage improvements, NW 8 Street.,and NW 112
Phase IV Public Facilities Avenue to NW 117 Avenue, 100,000
Sweetwater
12 Hialeah Dade Development,Inc.-economic Economic
development Development 501 Palm Avenue,Hialeah 55,000
12 Miami-Dade County Public Works project -
street resurfacing Public Facilities TBD 45,000
13 Country Club of Miami South Park-Park Public Facilities 6801 MN 186 Street,Miami 200,000
Improvements
Total Commission Allocations $2,600,000
Activities in Entitlement Cities
Based on US HUD's "metropolitan significance" criteria in recommending funding for activities in
Entitlement cities, staff was especially mindful of US HUD's Final Rule issued on November 1995. The rule
states that CDBG funds may assist an activity outside the jurisdiction of the grantee, only if the grantee
determines that such activity is necessary to further the purposes of the Housing and Community
Development Act, the recipient's community development objectives, and that reasonable benefit from the
activity will accrue to the residents of the jurisdiction of the grantee. Simply stated, Miami-Dade County
may support activities in other entitlement communities, but only to the extent that such activity also
benefits residents of the County's primary unincorporated target area, thereby demonstrating Metropolitan
Significance. The six entitlement cities include the pCity of Miami, City of Miami Beach, City of North Miami,
0
Honorable Chairman Joe A. Martinez
and•Members, Board of County Commissioners
Page 9
City of Hialeah, City of Homestead and the City of Miami Gardens. Similar to the entitlement cities, those
cities that receive State of Florida Small Cities CDBG Program funds must also meet the Metropolitan
Significance standard and be consistent with the County's high priority needs. As such, staff will continue
to evaluate projects funded in other entitlement cities to ensure those activities also benefit the County's
primary unincorporated target area.
HOME INVESTMENT PARTNERSHIPS PROGRAM(HOME)
FY 2011 HOME Program funds is estimated at $6.679 million and the requests for funding totaled
$10,076,975. The HOME program provides funds for permanent and construction loans, homeless housing
and related assistance, to assist very low- and low-to-moderate income families to purchase or rent
affordable housing units. Due to the current housing market, the FY 2011 Action Plan did not address
funding new homeownership construction projects.Applicants currently funded for homeownership projects
received recommendations for the HOME funding which includes HOME CHDO Set-Aside and HOME
CHDO operating funds in order to enhance the likelihood of project completion.
Table 6: FY 2011 HOME Recommendations
Category Dollars Percent
Administration $668,000 10.0%
Rental Rehabilitation Program 1,170,000 17.5%
Tenant Based Rental Assistance 500,000 7.5%
Elderly Homeowner Rehabilitation 1,000,000 15.0%
Homeowner Rehabilitation 1,000.000 15.0%
Homeless Programs 1,000,000 15.0%
HOME CHDO Set Aside 350,000 5.2%
HOME CHDO Operating Support 50,000 0.8%
HOME Reserve 941,000 14.0%
Total $6,679,000 100%
EMERGENCY SHELTER GRANT(ESG)
It is recommended that the FY 2011 ESG funds of$750,000 be allocated to Camillus House to continue to
operate the Beckham Hall Emergency Shelter facility which provides temporary shelter and services to 400
homeless individuals annually.
STATE HOUSING INITIATIVES PARTNERSHIP(SHIP)
It is recommended that the SHIP funding of $500,000 be allocated to Homebuyer Assistance and
Counseling activities. A total of three agencies have been recommended for funding in this activity. The
homebuyer counseling addresses, among other things, financing, fair housing practices, credit counseling,
budget and money management,and home maintenance.
STATUS OF ANNUAL ACTION PLAN SUBMISSION
Miami-Dade County's Annual Action Plan year for the CDBG, HOME and ESG program is January 1, to
December 31, as such the County's Annual Action Plan is due to US HUD no later than November 15,
which is 45 days prior to the program start date.Although work began early to develop the plan,the County
did not meet the submission date of the Annual Action Plan to US HUD, and requested an extension which
US HUD granted to January 17, 2011. A second extension was requested and US HUD granted a second
extension through March 31, 2011. Copies of the extension letters are attached(Attachment C).
tC:,
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 10
Miami-Dade County is committed to continuing to serve the low- and moderate-income residents and
neighborhoods throughout the County and achieving the US HUD National Objective. The County
continues to work with its community development partners to enhance its programs and to better meet the
needs of low-to moderate-income residents and neighborhoods.
Attachments
iioes _ .
Assistant Vunty Manager
/b
' MEMORANDUM
(Revised)
TO: Honorable Chairman Joe A. Martinez DATE: March 1, 2011
and Members, Board of County Commissioners
FROM: R. A. Cuevas, Jr. al
41k SUBJECT: Agenda Item No. 5(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
J .
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 ,
3/5's , unanimous )to approve
Current information regarding funding source, index code and available
balance, and available capacity(if debt is contemplated) required
l/
Approved G` - ayor Agenda Item No. 5(B)
Veto • 3-1-11
Override
RESOLUTION NO. R-179-11
RESOLUTION APPROVING THE FY 2011 ACTION PLAN
FUNDING RECOMMENDATIONS; AUTHORIZING THE
FILING WITH U.S. HUD OF MIAMI-DADE COUNTY'S FY
2011 ACTION PLAN WITH PROJECTED USES OF FUNDS FOR
FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG), HOME INVESTMENT PARTNERSHIPS (HOME),
EMERGENCY SHELTER GRANT (ESG), AND STATE
HOUSING INTIATIVE PARTNERSHIPS (SHIP);
AUTHORIZING THE COUNTY MAYOR OR MAYOR'S
DESIGNEE TO MAKE NON-SUBSTANTIVE MODIFICATIONS
TO THE FY 2011 ACTION PLAN AND UPDATES TO THE FY
2008-2012 CONSOLIDATED PLAN; AUTHORIZING THE
COUNTY MAYOR OR MAYOR'S DESIGNEE TO GIVE
PRIORITY CONSIDERATION TO FULFILL THE FY 2010-2011
BUDGETED MANDATES; AND EXECUTE ALL CONTRACTS,
AGREEMENTS,AMENDMENTS,AND TO SHIFT FUNDS AND
FUNDING SOURCES AWARDED FOR A PROJECT TO ANY
NEW ENTITIES CREATED FOR THE PURPOSE OF
CARRYING OUT THE ABOVE PROGRAMS; AND
AUTHORIZING THE COUNTY 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 approves the
filing with U.S. HUD of the Miami-Dade County 2011 Action Plan with recommended_use of
funds for the Community Development Block Grant (CDBG), HOME Investment Partnerships
(HOME), Emergency Shelter Grant ESG and State Housing Initiatives (SHIP) programs;
authorizes the County Mayor or Mayor's designee to give priority consideration to fulfill FY
Agenda Item No. 5(B)
Page No. 2
2010-11 budgeted mandates, and to shift funds for each program among activities of the same
agency without exceeding the total amount allocated to that agency; authorizes the County
Mayor or Mayor's designee to shift funding between agencies without exceeding the total award
amount to that activity or changing the scope of that activity; authorizes the County Mayor or
Mayor's designee to make non-substantive modifications to the FY 2011 Action Plan; authorizes
the County Mayor or Mayor's designee to execute pre-approved contracts pursuant to US HUD's
guidelines; authorizes the County Mayor or Mayor's designee to execute such contracts,
agreements and amendments necessary to carry out the above programs after approval by the
County Attorney's Office; and authorizes the County Mayor or Mayor's designee to exercise the
cancellation provisions contained therein.
The foregoing resolution was offered by Commissioner Rebeca Sosa
who moved its adoption. The motion was seconded by Commissioner AudreyM.Edmonson
and upon being put to a vote, the vote was as follows:
Joe A. Martinez,Chairman aye
Audrey M. Edmonson, Vice Chairwoman ave
Bruno A. Barreiro aye Lynda Bell aye
Jose"Pepe" Diaz aye Carlos A. Gimenez aye
Sally A.Heyman aye Barbara J.Jordan ave
Jean Monestime aye Dennis C. Moss ave
Natacha Seijas absent Rebeca Sosa aye
Sen. Javier D. Souto absent
(3
Agenda Item No. 5(B)
Page No.3
The Chairperson thereupon declared the resolution duly passed and adopted this 3rd day
of March, 2011. This resolution shall become effective ten (10) days after the date of its
adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an
override by this Board.
MIAMI-DADE COUNTY, FLORIDA
GO M M/$ BY ITS BOARD OF
L P 1_44 w COUNTY COMMISSIONERS
dt
COUNTY Z HARVEY RUVIN, CLERK
-•` AI
o 6 DIANE COLLINS
*** By: —
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency.
Brenda Kuhns Newman
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ATTACHMENT A
CAC Meetings on the FY 2011 Policy Paper and Priority Needs
Opa Locka
Thursday, March 25,2010
Thursday,April 8, 2010-Special Call Meeting
Thursday,April 15,2010-Special Call meeting
Thursday,June 24, 2010
Thursday,July 8, 2010-Special Call Meeting
Thursday,September 23, 2010
West Little River
Thursday,March 18, 2010
Wednesday,April 14, 2010-Special Call Meeting
Tuesday,April 27, 2010-Special Call Meeting
Thursday,June 17,2010
Thursday,June 24, 2010-Special Call Meeting
Thursday,September 16, 2010
Model City
Wednesday, March 24,2010
Wednesday,April 14, 2010-Special Call Meeting(elections)
Wednesday, May 12,2010-Special Call Meeting
Wednesday, May 26,2010-Special Call Meeting
Wednesday,June 23, 2010
Wednesday, July 14,2010-Special Call Meeting
Wednesday, July 26,2010-Special Call Meeting
Thursday,August 19, 2010-Special Call Meeting
Wednesday, September 22, 2010-Special Call Meeting
Melrose
Tuesday,January 12, 2010-Special Call Meeting
Tuesday, March 2,2010
Tuesday,April 6, 2010-Special Call meeting
Tuesday, April 13, 2010-Special Call Meeting
Tuesday,May 4,2010-Special Call Meeting
Tuesday,June 8,2010
Tuesday,September 14,2010
South Miami
Monday, March 15, 2010
Monday,June 21,2010
Tuesday, June 29, 2010
Perrine
Thursday, March 18, 2010
Thursday,June 17, 2010
Thursday,July 15, 2010-Special Call Meeting
Thursday, July 29,2010-Special Call Meeting
Leisure City/Narania
Tuesday, March 9, 2010
Tuesday,June 8, 2010
Wednesday,July 13,2010-Special Call Meeting
Goulds
Wednesday, March 10, 2010
Wednesday,June 9, 2010
Thursday, July 8, 2010-Special Call Meeting
Wednesday, July 14, 2010-Special Call Meeting 2_4
ATTACHMENT B
FY 2011 RFA/ ACTION PLAN TIMELINE
June 9,2010 2011 Policy Paper presented to Housing and Community Development(HCD)Committee and
deferred to next Committee meeting for further discussion.
July 14,2010 HCD Committee meeting not held due to lack of quorum
September 15,2010 HCD Committee forwards FY 2011 Policy Paper to BCC meeting of October 5,2010 with a favorable
recommendation
October 5,2010 BCC defers FY 2011 Policy Paper to next meeting for further discussion
October 19,2010 BCC defers FY 2011 Policy Paper to next meeting for further discussion
November 4,2010 BCC adopts FY 2011 Policy Paper resolution[15'Public Hearing]
November 7,2010 Newspaper Ad published announcing release of RFA
Mailed postcards and email notices announcing RFA release
November 8,2010 RFA Released and distributed to libraries and placed on the Department of Housing and Community
Development's(DHCD's)website. A copy was transmitted to County Commissioners.
Nov 29-Dec 3,2010 Conducted three RFA Technical Assistance Workshops[11/29/2010; 12/1/2010;and 12/3/2010]
Dec 6-17,2010 RFA applicants make"MUST"presentations before NRSA Community Advisory Committees
December 10,2010 RFA Application submission deadline
Dec 10-12 2010 Staff compiled and organized applications for Selection Committees
December 13,2010 Conducted Selection Committee evaluator training(County Departments/CAC's/DHCD staff)
Dec 20-22,2010 Selection Committee review of applications conducted
January 10,2011 County Manager transmitted agency scores to the BCC
January 4—27,2011 Commission District Fund allocations received
January 11,2011 Scores posted on DHCD's website
January 24,2011 DHCD submitted Action Plan funding recommendations to the County Manager
Exhibit 1
January 30,2011 Newspaper Ad for Action Plan published
[Exhibit 1—Funding recommendations delivered to Regional libraries,Homeless Trust;CM Head-
start facilities]
March 3,2011 BCC Special Call Meeting[2nd Public Hearing and Approval of Action Plan]
7
ATTACHMENT C
i +g U.S.Department of Housing and Urban Development
t: I' *' Community Plaming and Development
t Region IV,Miami Field Office
�•�,�..
Brickell Plaza Federal Building
909 SE First Avenue,Rm.500
Miami,FL 33131-3042
October 25,2010
Mr.George M.Burgess
County Manager
County Executive Office
Miami-Dade County
111 N.W. lu Street-Suite 2910
Miami,FL 33128
Dear Mr.Burgess:
SUBJECT: Miami-Dade County
FY 2011 Action Plan Submittal Exception
This is in response to the County's request received on September 9,2010 on the above
subject matter.
Based on the information provided,the Department is hereby granting an extension to the
County's fiscal year(FY)2011 action plan submission date to January 17,2011.
If the County needs additional time,it may request such at the end of extension.
The County must ensure that its citizens are notified and are provided an opportunity to
comment on the plan. We also caution the County on the impact that delays in the submission of
the Action Plan may have on the administration of HUD's programs.
This Office is available to assist you in any way possible. If you have any questions
regarding this correspondence,or any other program matter,please do not hesitate to contact Ms.
Lisa Bustamante,Senior Community Planning and Development Representative at(305)520-5008
or via email message at fiordaliza.bustamante@hud.gov
Sincerely,
Maria '.Ortiz-Hill
Director,Community Planning and Development Division
cc: Ann D.Chavis,Program Manager,US HUD
Howard Piper,Assistant County Manager
HUD's mission is to create strong,sustainable,inclusive communities and quality,affordable`ordable homes for all.
www.hud.gov espanol.hud.gov
ATTACHMENT C
�
•'• "•�'�,` U.S.Department of Housing and Urban Development
• Community Planning and Development
Region IV,Miami Field Office
Bridal Plaza Federal Building
909 SE First Avenue,Rm.500
Miami,FL 33131-3042
February 1,2011
Mr.George M.Burgess
County Manager
County Executive Office
Miami-Dade County
111 N.W. 10 Street-Suite 2910
Miami,FL 33128
Dear Mr.Burgess:
SUBJECT: Miami-Dade County
FY 2011 Action Plan Submittal Extension
This is in response to the County's correspondence received on January 27,2011 on the
above subject matter.
Based on the information provided,the Department is hereby granting an extension to the
County's 241 request for additional time to submit its fiscal year(FY)2011 action plan document no
later than March 31,2011.
As previously communicated,the County must ensure that its citizens are notified and are
provided an opportunity to comment on the plan. We also caution the County on the impact that
delays in the submission of the Action Plan may have on the administration of HUD's programs.
• This Office is available to assist you in any way possible. If you have any questions
regarding this correspondence,or any other program matter,please do not hesitate to contact Ms.
Lisa Bustamante,Senior Community Planning and Development Representative at(305)520-5008
or via email message at fiordaliza.bustamante @hud.gov
Sincere. ,
Maria .Ortiz
Director,Community Planning and Development Division
cc: Ann D.Chavis,Program Manager,US HUD
Howard Piper,Assistant County Manager
HUD's mission is to create strong sustainable,inclusive communities and quality,affordable homes for all
www.hud.gov espanol.hudgov
Miami-Dade County Deal for Announcements - City and Public... Page 3 of 4
Public Hearing
MIAMI-DADE COUNTY PROPOSED FY 2011 ACTION
PLAN WITH FUNDING RECOMMENDATIONS FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT(COBB).HOME
INVESTMENT PARTNERSHIPS(HOME),STATE HOUSING
INTIATIVES PARTNERSHIP PROGRAM(SHIP),AND
EMERGENCY SHELTER GRANT(ESG)PROGRAMS
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Braman outlines reforms for county government
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Sponsored by: City Manager, Copt,.
Resolution No. 10-8170
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO SUBMIT THREE (3) APPLICATIONS TO
MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR THE FY2011 NON-
HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) IN THE AMOUNT OF FIVE MILLION DOLLARS
($5,000,000.00); PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Miami-Dade County CDBG Program allocates block grant funds
from HUD to not-for profit community based organizations,municipalities,etc., that benefit
low and moderate income residents; and
WHEREAS, the City of Opa-locka will use the CDBG funds to address gaps in
current active projects' budgets; and
WHEREAS, the City Commission of the City of Opa-locka authorizes the City
Manager to submit three(3)applications to the Miami-Dade County Department of Housing
for the CDGB Program.
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 directs and authorizes
the City Manager to submit three (3) applications to Miami-Dade County Department Of
Housing And Community Development for the FY2011 Non-Housing Community
Development Block Grant (CDBG), in the amount of FIVE MILLION DOLLARS
Resolution No. 10-8169
($5,000,000.00);
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 8th DAY OF December,2010.
(66/4 /YRA4--AICLOR
MAYOR
Atte t to:
III. 40
Deborah S.Irby
City Clerk
Approved as to form and legal sufficiency:
' , /i 1 L,t4t Jo..p Si _ -
C'., Att f:ey
Moved by: HOLMES
Seconded by: TYDUS
Commission Vote: 5-0
. Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
Lock--
9
\O\ORl G/
Memorandum
TO: Mayor Myra L. Taylor
Vice Mayor Dorothy Johnson
Commissioner Timothy Holmes
Commissioner Rose Tydus
Co missioner Gail Miller
FROM: C arance Pa a ms'� t3'� Iana g er
DATE: November 19,2010
RE: Resolution Authorizing Application to Miami-Dade County, Department of
Housing and Community Development for the FY 2011 Non-Housing
Community Development Block Grant(CDBG)Funding
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT THREE (3)
APPLICATIONS TO MIAMI-DADE COUNTY DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR THE FY 2011 NON-HOUSING COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) IN THE AMOUNT UP TO FIVE
MILLION($5,000,000.00)DOLLARS;PROVIDING FOR AN EFFECTIVE DATE.
Description: Miami-Dade County's CDBG Program allocates block grant funds from US
HUD to private, not-for-profit community-based development organizations,
community development corporations, community-based organizations,
municipalities and County departments for activities that benefit low and
moderate-income persons. Applicants must show that they have other sources of
funding as the County uses its federal funds to address funding gaps. Other
funding must exist to ensure timely project completion. Activities must address a
high priority need as identified by the
Financial Impact: None. The CDBG funds will be used to address gaps in currently active
projects' budget.
Implementation Time Line: Immediately.
Legislative History: None
Recommendation(s): Staff is recommending the approval.
ATTACHMENT(S): FY2011 Guidelines for Non-Housing Community Development Block
Grant(CDBG) Funding
•
Housing and Community Development
701 N.W. i st Court• 14th Floor
M I A M I•DADE Miami,Florida 33136
T 786-469-2100 F 786-469-2236
COUNTY
Carlos Alvarez, Mayor miamidade.gov
July 14, 2011
Mr. Bryan K. Finnie
Interim, City Manager
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
Re: FY 2011 CDBG Contract— Lift Station # 11 Improvement Project
Dear Mr. Finnie:
This letter accompanies the FY 2011_Community Development Block Grant
(CDBG) contract between your City and Miami-Dade County's Department of
Housing and Community Development (DHCD). That agreement covers the
$200,000 that the Board of County Commissioners approved for your
agency's Lift Station #11 Improvement Project through Resolutions #R-179-
11.
The individual(s) authorized legally by your agency's Board must sign and
date all seven counterparts. Do not date the sentence that begins "IN
WITNESS THEREOF, the parties hereto..." This will be completed by DHCD.
Your organization's corporate seal must be affixed to all copies returned to
DHCD. Please take the time to review the contract and corresponding
attachments.
You must return six of the seven contract copies to your Project Manager,
Jesus Hernandez by July 22, 2011.
Please ensure that you meet that deadline to prevent any delays in the
execution of your agency's agreement or the processing of payments for the
expenditures of your project(s).
The following items contain the federal and DHCD. Regulations, policies,
and procedures that apply to your City's agreement:
X Policies and Procedures Manual X OMB A-122
X Revised CDBG Regulations (24 CFR Part 570) X OMB A-133
X OMB A-110 XF.S. 607.124
_Revised HOME Regulations (24 CFR Part 92)
Please contact Jesus Hernandez, at (786) 469-2131, if you have any questions
regarding the agreements or the project's budget.
Sincerely,
L,/rt4ft---
Cordella Ingram
Supervisor
CI/jh
Enclosures
Resolution Number#R-179-11
Duns Number#083111823
Awarded Amount$200,000
CDBG 2011 FY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT
Municipalitiy CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF OPA-LOCKA
This Agreement(hereinafter referred to as"Agreement"or"Contract"),by and between Miami-Dade County,
a political subdivision of the State of Florida, hereinafter referred to as "County" and City of Opa-locka, hereinafter
referred to as "Awardee" and having offices at 780 Fisherman Street, 4th Floor, Opa-locka, FL 33054, and
telephone number of(305)953-2895,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;and
WHEREAS,the Awardee provides it will develop activities of value to the County and has demonstrated an
ability to provide these activities;and
WHEREAS,the County is desirous of obtaining such activities of the Awardee,and the Awardee is desirous
of providing such activities;and
WHEREAS, the County has appropriated $200,000 of CDBG funds to the Activity Lift Station #11
Improvement Project located at 780 Fisherman Street, 4th Floor, Opa-locks, FL 33054. 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 II,W(2)(a)(1)-(2);and
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
Page 1 of 38
business located in Miami-Dade County from which the Contract or
Subcontract will be performed.
Low-and Moderate-Income A person or family whose annual income does not exceed 80% of the
Individual or Family median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Very Low Income Individual A person or family whose annual income does not exceed 50% of the
or Family median income for the area, as determined by HUD with adjustments
for smaller and larger families and with certain exceptions as provided
in 24 CFR Part 570.
Contract Records or 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 ty as descibed b y le g al description in any loan
documents executed between Awardee and the County and any real
property of Awardee or Related or Affiliated Entities (as defined herein)
acquired or improved upon with funds awarded pursuant to this
Agreement or on which funds awarded pursuant to this Agreement are
anticipated to be used.
Policies and Procedures DHCD's Policies and Procedures Manual f/k/a Contract Compliance
Manual Manual may be viewed and downloaded
http://www.miamidade.gov/ced/PnP.asp at
Subcontractor or Any individual or firm hired on a contractual basis by the Awardee for
Subconsultant the purpose of performing work or functions cited on the Action ,Step
Format(Attachment"Al)of this contract.
Subcontract Any contractual agreement between a Subcontractor and the Awardee.
11. 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
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applicable) upon the issuance of the Notice to Proceed with an effective date for coverage
commencing on the Notice to Proceed date.
Any changes to the required insurance policies, including coverage renewals, must be submitted
to 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(I) 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 (LMI). (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
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FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE
EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL
OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment
of funds loaned to Awardee pursuant to this Agreement.
F. Documents and Reporting Requirements
The Awardee shall submit documents to DHCD or report on relevant information to DHCD as
described below or 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. Please refer to Attachment B-1(I),for insurance requirements.
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 10 days after the quarter ends..
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:
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.
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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
10 days after the first and the third quarter ends.
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 10 days after the first and the
third quarter ends.
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) day of each month and shall address the progress
undertaken by the Awardee during the previous month. This Progress Report
shall not be required if the Awardee is submitting the Progress Reports required
by Section II, Paragraph F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report)-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, 2011 through December 31, 2011 and shall be received by DHCD no later
than 10 days after the year ends.
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
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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:
a.Any anticipated or pending lis pendens,foreclosure action,arrearage,default,
late payment regarding any property of Awardee or Related or Affiliated Parties,including
properties not related to this Agreement. Awardee shall also provide the County with a
copy of all court filings, notices of default, arrearage or late payment, or any other
documents relevant to the disclosures required herein.
b.Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for
which the Property is security.
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d. Any anticipated or pending bankruptcy, restructuring, dissolution,
reorganization,appointment of a trustee or receiver.
e. Any action, activity, facts, or circumstances that would materially impair
performance by Awardee of all the terms and conditions of this Agreement.
Failure to comply with these reporting requirements shall constitute a default and
shall entitle the County to seek any and all remedies available at law, equity and
pursuant to this Agreement.
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
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 Policies and Procedures Manual found at
http://www.miamidade.gov/ced/PnP.asp, which are incorporated herein by reference,
receipt of which is hereby acknowledged, and as they may be revised.
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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 $200,000, 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.
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.
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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
contract entered into based upon a false affidavit,as listed below, and submitted pursuant
to this resolution shall be voidable by the County:
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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
Awardee must achieve the following national objective;
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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
Planning and Outreach Division 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
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Procedures and requirements for CDBG assisted projects. These procedures
must consist of actions to provide information and attract eligible persons from
all racial,ethnic and gender groups to the available services. The Awardee shall
annually assess its affirmative marketing program to determine if the procedures
used to comply with the requirements specified in Public Law 88-352 and Public
Law 90-284 successfully meet these requirements. The Awardee shall submit to
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 their 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
Conflicts with Applicable Laws
if any provision of this Agreement conflicts with any applicable law or regulation including but not
iimited 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.
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
:::onsidered in the counting of a quorum and shall have no voting privileges.
Construction
if the Awardee engages in, procures,or makes loans for construction work,the Awardee shall:
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.
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.
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7. The County shall have the right to assign the Professional Staff and provide Technical
Assistance from 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 step format of
this agreement. Such involvement may result in a reduction of a maximum of 5% of the
Agreement's award to cover the cost of the technical assistance. The Awardee shall
cooperate and comply with all requests made by such staff..
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
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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.
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 four years following expiration of the Agreement. The
Awardee agrees to provide such assistance as may be necessary to facilitate the review
or audit by the County to ensure compliance with applicable accounting and financial
standards.
10. The Awardee shall ensure that its auditors share their audit results with and must submit
the audit report to 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.
Page 14 of 38
M. Protected Records and Documents
Any person or entity that performs or assists Miami-Dade County with a function or activity
involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and/or
Protected Health Information (PHI) shall comply with the Health Insurance Portability and
Accountability Act(HIPAA)of 1996 and the Miami-Dade County Privacy Standards Administrative
Order. HIPAA mandates privacy, security and electronic transfer standards including but not
limited to:
1. Use of information only for performing services required by the Agreement or as
required by law;
2. Use of appropriate safeguards to prevent non-permitted disclosures;
3. Reporting to Miami-Dade County of any non-permitted use or disclosure;
4. Assurances that any agents and subcontractors agree to the same restrictions
and conditions that apply to the Contractor and reasonable assurances that
IIHI/PHI will be held confidential;
5. Making Protected Health Information(PHI)available to the customer;
6. Making PHI available to the customer for review and amendment, and
incorporating any amendments requested by the customer;
7. Making PHI available to Miami-Dade County for an accounting of disclosures; -
and
8. Making internal practices, books and records related to PHI available to Miami-
Dade County for compliance audits.
PHI shall maintain its protected status regardless of the form and method of transmission (paper
records, and/or electronic transfer of data). The Contractor must give its customers written notice
of its privacy information practices including specifically, a description of the types of uses and
disclosures that would be made with protected health information.
N. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least 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
Page 15 of 38
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
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.
Page 16 of 38
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
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.
Page 17 of 38
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
;;rojects and programs. Monitoring of an existing project or program may include a report
:ronceming whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG
retained by the Inspector General, the Awardee shall make all requested records and documents
available to the Inspector General or IPSIG for inspection and copying. The Inspector General and
IPSIG shall have the right to inspect and copy all documents and records in the Awardee's
possession, custody or control which,in the Inspector General or IPSIG's sole judgment, pertain to
performance of the Agreement, including, but not limited to original estimate files, worksheets,
proposals and Agreements from and with successful and unsuccessful subcontractors and
suppliers, all project-related correspondence, memoranda, instructions, financial documents,
construction documents, proposal and Agreement documents, back-charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds,
rebates, or dividends received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General(hereinafter
'IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the
County, the Awardee shall make available to the IPSIG retained by the County, all requested
records and documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the payment of these IPSIG services, and under no circumstance
the Awardee's prices and any changes thereto approved by the County, be inclusive of any
harges 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.
Page 18 of 38
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 II,Paragraph W.1.of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget.
7. The disposition of Program Income not specifically listed in the approved Program
Income budget.
8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for
Proposals as provided for in Section II,Paragraph K of this Agreement.
9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this
Agreement.
10. In the event the Awardee wishes to substitute personnel for the key personnel identified
by the Awardee's Proposal, the Awardee must notify the County in writing and request
written approval for the substitution at least ten(10)business days prior to effecting such
substitution.
R. Monitoring
The Awardee shall 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
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
Page 19 of 38
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
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
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above and acquires information which may indicate that there may be an actual or
apparent violation of any of the above,Awardee shall promptly bring such information
to the attention of the County's Project Manager. Awardee shall thereafter cooperate
with the County's review and investigation of such information, and comply with the
instructions Awardee receives from the Project Manager in regard to remedying the
situation.
T. Intentionally Left Blank
U. Publicity,Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the
United States Department of Housing and Urban Development(US HUD),as funding sources and
that the Awardee shall ensure that all publicity, public relations, advertisements and signs
recognize the County and US HUD for the support of all contracted activities. This is to include,
but is not limited to, all posted signs, pamphlets,wall plaques, cornerstones, dedications, notices,
flyers, brochures, news releases, media packages, promotions, and stationery. The use of the
official County logo is permissible.The Awardee shall ensure that all media representatives,when
inquiring about the activities funded by this Agreement, are informed that the County and US HUD
are the funding sources. The Awardee shall notify the County of all events and activities involving
the Project ten(10)days prior to the activity or event.
When the Awardee obtain(s)the building permit(s),the 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.
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2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part
135,which implement Section 3. As evidenced by their execution of this Agreement,the
parties to this Agreement certify that they are under no contractual or other impediment
that would prevent them from complying with the part 135 regulations.
3. The Awardee agrees to send to each labor organization or representative of workers with
which the Awardee has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the Awardee's
commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s)taking applications for each of the positions; and the anticipated
date the work shall begin.
4. The Awardee agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
Awardee will not subcontract with any subcontractor where the Awardee has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24 CFR
part 135.
5. The Awardee will certify that any vacant employment positions, including training
positions, that are filled (1) after the Awardee is selected but before the Agreement is
executed, and (2)with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
Awardee's obligations under 24 CFR part 135.
6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this Agreement for default, and debarment or suspension from future HUD
assisted contracts.
7. With respect to work performed in connection with Section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C.450e)also applies to the work to be performed under this Agreement. Section
7(b) requires that to the greatest extent feasible (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
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execute this Agreement with Awardees who fail to provide a statement of the Subcontractors
Policies and Procedures.
The County reserves the right to either approve or withdraw its consent to a subcontract if it •
appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or
otherwise impair the performance of the Awardee's obligations under this Agreement.
W. Property
1. Definitions
a. Property.As defined on page 2 herein.
b. Real Property: Land, land improvements, structures,fixtures and appurtenances
• thereto,excluding movable machinery and equipment.
c. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical
existence such as patents,inventions,and copyrights.
d. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of$1,000 or more per item, with a normal
expected life of one or more years, not fixed in place, and not an integral part of
a structure,facility or another piece of equipment.
e. Expendable Personal Property: All tangible personal property other than
nonexpendable property.
2. The Awardee shall comply with the real property requirements as stated below:
a. Any real property under the Awardee's control that was acquired or improved by
Awardee or 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
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of acquisition; value at time of acquisition; present market value; present
condition; address or location; owners 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.
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.
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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.
a. The Awardee shall comply with the Program Income provisions in DHCD's
Policies and Procedures Manual. If any Program Income provisions of the
Policies and Procedures Manual conflict with any Program Income provisions of
this Agreement,the provisions of this Agreement shall rule.
b. The Awardee shall report to 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.
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i• 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 Policies and Procedures Manual.
Z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
the prior consent of the County may result in termination of the Agreement for breach.
When Subcontracting is allowed, the Awardee shall comply with County Resolution No.
1634-93,Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at 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.qov/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 Policies and Procedures Manual.
C. Identify the full,correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval
that the County or 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;
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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.
i. The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers, shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax withholdings, retirement or leave benefits, for the Consultant or
employees of the Consultant normally available to direct employees of the Awardee. The
Consultant assumes full responsibility for the provision of all insurance and fringe benefits
for himself or herself and employees retained by the Consultant in carrying out the Scope
of Services provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance of all
subcontracts and their progress toward meeting the approved goals and objectives
indicated in the attached Scope of Services.
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 $200,000 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.
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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 checks paid to all subcontractors and suppliers,all release of liens from
all subcontractors and 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.
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
Policies and Procedures Manual.
8. Any unexpended funds remaining after the completion of the services under this
Agreement, or after termination of this Agreement, shall be recaptured in full by the
County.
9. In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded
under this Agreement, Awardee agrees to and shall assign any proceeds to the County
from any Agreement between the County, its agencies or instrumentalities and the
Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a
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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
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
III. THE COUNTY AGREES:
Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions
contained within this Agreement in an amount not to exceed $200,000. "Please be advised that the US
Congress has not approved the FY 2011 budget for CDBG at the time of this contract execution,and in fact
Congress may reduce funding intended for this program, which may impact the award. The parties to this
agreement understand that the amount of this award is anticipated funding and is subject to availability."
IV. THE AWARDEE AND DHCD AGREE:
A. Effective Date
1. This Agreement shall begin on January 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 December 31,2012. 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.
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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 Departments sole discretion it is deemed necessary and
applicable. The management evaluation shall reflect the Awardee's compliance with
generally accepted fiscal and organizational standards and practices. The performance
review should reflect the quality of service provided and the value received using
monitoring data,such as progress reports,site visits,and client surveys.
Default or Breach
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.
f. Any anticipated or pending bankruptcy,restructuring,dissolution,reorganization,
appointment of a trustee or receiver.
g• Any action, activity, facts, or circumstances that the County determines in its
sole discretion would materially impair performance by Awardee of all the terms
and conditions of this Agreement.
h. Awardee fails to report to the County within ten (10) days any bankruptcy,
reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis
pendens, foreclosure action or legal encumberance related to the Awardee,
Related or Affiliated Party or the Property, or any action, activity, facts, or
circumstances that would materially impair performance by Awardee of all the
terms and coditions of this Agreement.
Failure to comply strictly with Section II,W(2)(a)(1)-(2)of this Agreement.
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
Page 30 of 38
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)business 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
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.
Page 31 of 38
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.
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
Page 32 of 38
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.
Dama es 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
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
Page 33 of 38
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 Policies and Procedures 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 business 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.
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
Page 34 of 38
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: City of Opa-locka
780 Fisherman
Opa-locka, FL 33054
Attn: Mr.Bryan K. Finnie,Interim City Manager
COPY TO:
Attn:
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 1st 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,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.
Page 35 of 38
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.
0. 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
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.
Page 36 of 38
S. All Terms and Conditions Included
This Agreement and its attachments as referenced(Attachment A-Scope of Services;Attachment
Al — Action Steps; Attachment B - Budget; Attachment B-1(I) 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.
T. Conflict
In the event that a conflict arises between any prior funding documents and/or agreements
governing this development, the terms, provisions and definitions included in this Agreement shall
prevail.
In the event that the Subsidy Layering Review(SLR) 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.
U. Interpretation -
Paragraph headings are for convenience only and are not intended to expand or restrict the scope
or substance of the provisions of this Agreement. Wherever used herein,the singular shall include
the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine
or neuter as the context requires.
V. Survival
The parties acknowledge that any of the obligations in this Agreement, including but not limited to
the Awardee's obligation to indemnify the County, will survive the term, termination and
cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under
this Agreement,which by nature would continue beyond the termination, cancellation or expiration
thereof,shall survive termination,cancellation or expiration hereof.
W. Corporate Governance
A Not-for-Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes,
particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by
reference as if fully set forth herein in connection with its Agreement obligations hereunder.
A For-Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes,particularly
Sections 607.0830 through 607.0833,as amended, which is incorporated herein by reference as if
fully set forth herein in connection with its contractual obligations hereunder.
Page 37 of 38
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
Y 2011.
AWARDEE: MIAMI-DADE COUNTY
City of Opa-locka
BY:
BY:
NAME: Bryan K. Finnie NAME:
Carlos A.Gimenez
TITLE: Interim City Manager TITLE: Mayor
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: 596000394
Resolution#: #R-179-11
Awardee's Fiscal Year Ending Date:
CORPORATE SEAL:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES
Page 38 of 38
AEA
M1AMI-I E
COUNTY
CITY OF OPA-LOCKA
FY 2011
Scope of Services
January 1,2011—December 31,2011
1. -ACTIVITY TITLE: Pump/Lift Station#11A Rehabilitation Project
2. -ACTIVITY DESCRIPTION: Rehabilitation of Lift Station #11A is a Water and Sewer
improvement that will benefit low—and moderate—income
residents and businesses and will stimulate economic
development and growth in the City.
3. -APPROVED BY BCC: $200,000
4. -SOURCE: CDBG 2011
5. -HUD INFORMATION:
5a.—HUD matrix code: 03J
5b.—Title: Water and Sewer Improvements
5c.—Eligibility 570.201(c)
6. -ACCOMPLISHMENTS:
6a.—Number of Units: 1
6b.—Type: Facility
7. -NATIONAL OBJECTIVE: 570.208(A)(1)—Low/Mod.Income Area(LMA)
8. -ACTIVITY ADDRESS: 780 Fisherman Street
Opa-locka,Florida 33054
9. -LOCATION: NRSA-Opa-locka
CO: City of Opa-locka PLANNER: Gerald Lee
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M AMMAD
COUNTY ATTACHMENT B-1(I)
INDEMNIFICATION AND INSURANCE REQUIREMENTS
Government entity 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 Government entity or its employees, agents, servants,
partners principals or subcontractors. Government entity 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. Government entity expressly understands and agrees that any
insurance protection required by this Agreement or otherwise provided by Government entity 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 as herein provided.
The Government entity shall furnish to the Miami-Dade County, do the Department of Housing and
Community Development, 701 NW 1st 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. Completed Value Builder's Risk Insurance on an "All Risk" basis (when applicable) in an
amount not less than one hundred percent (100%) of the insurable value of the. building(s) or
structure(s) as determined by Miami Dade County. The Policy will show Miami-Dade County as
a Loss Payee A.T.I.M.A.
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 Best's Insurance Guide, published by A.M. Best
Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the
County Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in
Florida", issued by the State of Florida, Department of Financial Services 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.
NOTE: CERTIFICATE HOLDER MUST READ: MIAMI DADE COUNTY
111 NW 1ST STREET
SUITE 2340
MIAMI, FL 33128
ATTACHMENT B-2
Community Development Block Grant(CDBG) Program
A. Schedule of Units — For Awardees undertaking the development of for-sale ownership rental housing, the description of the proposed units to be completed is as follows (to be
completed by Awardee): ( be
Schedule of Units
Unit Total Number Total Number l
Description of Units Square Sales Price/ %of
Set-Aside Units Feet Net Rent Amount
AMI
Efficien /Studio
1 Bedroom/1 Bath
2 Bedroom/1 Bath
2 Bedroom/1.5 Bath
$ °k
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 Mort a
Security Agreement securing the DHCD Loan, that: 9 ge and
a. The Awardee shall designate and set-aside units moderate income families in the configuration as descibedrine the Schedule of Units
referenced herein.
b. At the very minimum, the Awardee. shall be required to equip each unit with
following: refrigerator, oven, carpeting/tile, and central air conditioning. the
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.
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 extension
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 closing.
The Awardee shall send DHCD notice of such changes within thirty(30) days of any
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 received
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 renters
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 aware
of the available housing, including, but not limited to the following activities:
Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami
Times, in an effort to afford all ethnic groups the opportunity to obtain affordable
housing. The Awardee shall provide proof of other special marketing efforts
including advertising Multiple Listings Service (MLS) through a licensed real
estate professional.
6. The Awardee shall provide DHCD with a complete set of permitted plans, approved
specifications, and permits for each building or unit model, as applicable, upon
approval by the appropriate controlling municipality prior to commencing
construction.
7. The Awardee shall provide to DHCD for approval
contract for the Development, the name of he Ge General Contractor.g the construction
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
2
bank operating in Florida in the amount of ten percent (10%) of the construct i
contract amount, in US funds, with Miami Dade County listed as the beneficiary. on
9. The Awardee shall schedule a Pre-Construction Conference with DHCD at I
sixty(60)days prior to the commencement of construction. east
10. The Awardee shall provide DHCD with a written commitment for constru
financing from a financial institution(s)at the time of construction loan closing. coon
11. The Awardee agrees to notify DHCD in writing within fourteen 14 d
personnel or location changes in the management company. ( ays of any key
12. During the Design Stage, the Awardee shall obtain Professional Liability name of the Awardee or the licensed design professional employed
Awardee in an amount of not less than $250,000 and �Insurance in
relevant Certificates of Insurance evidencing the P Yed by the
d shall furnish to DHCD the
accordance with ATTACHMENT B-1 of this contract.prescribed insurance coverage in
C. DHCD OBLIGATIONS AND DUTIES
1. DHCD shall manage its own disbursements and act as the disbursement agent construction loan funding draws. 9 en
t for
2. DHCD will monitor the project for adherence to plans, unit layout and deadlines
project completion in accordance with the Contract and the Scope of Services. for
3. DHCD shall forward to the County's Risk Management all required and applicable
Certificate(s)of Insurance. PP ble
4. DHCD shall disburse the awarded funding only after the Awardee
construction loan, all required loan documents have been recorded closes and d the
the
Awardee has timely submitted funding draw requests and relevant invoices in
prescribed manner and as satisfactory to DHCD. the
5. DHCD shall notify the Awardee of any address/location changes
information within forty-five (45) days of its occurrence. to DHCD's contact,
D. NATIONAL OBJECTIVE
In accordance with 24 CFR Section 570.208 of the federal regulations,
be required to achieve the national objective of Benefit to Low and Moderate Income
s, the Awardee shall
Persons or Households (LW). For activities designed to meet the LMI national
objective, the Awardee shall ensure and maintain documentation, acceptable °me
its sole discretion that conclusively demonstrates that each activity assisted or in
ptable to DHCD in
part with CDBG funds is an activity that provides benefit to persons where no less than
51% of those benefited are low- and moderate-income persons with household incomes or below 80% of Area Median Income.(AM!), as further defined in the chart below: an
comes
3
Miami-Dade County: HUD 2009---50%and 80%of AMI Income Thresholds by Household Size
(NOTE:_Income Limits subject to change annually.)
I 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
37,800 43,150 48,600 55,950 58,250 62,600 66,900 71,200
• Source: http://wvwv.huduserorg/publications/commdevynsp.html
The Awardee may achieve the LMI national objective by undertaking activities that
fall under one of four(4) primary LMI cagegories:
1. To benefit Low Mod Area (LMA)
For activities designed to meet the LMI national objective category of Low Moderate
Area Benefit (LMA), the Awardee 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 must
meet the identified needs of LMI persons. A service area is considered to meet the
test of being LMI if at least 51% of the persons residing in the service area are low-
to moderate-income, as determined by:
a. the most recently available decennial Census information, together with the
Section 8 income limits that would have applied at the time the income
information was collected by the Census Bureau; or
b. a current survey of residents of the service area.
If the proposed activity's service area is generally the same as a census tract or
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 in this
category provide benefits to a specific group of persons rather than everyone in an
area. It may benefit particular persons without regard to their residence, or it may be
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
presumption covers abused children, principally LMi, This
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
PROGRESS REPORT. FY 2011
m i ``�m❑1A Quarter[Jan-Mar
l ❑2 nd Quarter[Apr-Jun]
�e�%ora���f�e� A�� ��, 4 fi.� f� z ❑3"'Quarter[Jul Sept] ❑4"'Quarter
..z
" o �:t 3. �f a [Oct Dec]/Ann Report
.�� �-,_s: � � ,_ ;�.� �. Annual Repo
Recipient Name(Organization): ' f>,tr�`i ._ate y} .F^ ' �rQ ;
Contact Person(Name&Title):
Activity Name(Project Title):
Telephone Number:
Activity Address:
Activity Description:
Activity ID#: Index Code:
Activity Cat o Funding Source: Funded Amount: $
ty e9 ry: 0 ❑Capital Improvement
Objective: ❑CreateAdmins living environments 0 Economic Development ❑Historic Preservation
g ❑Provide decent affordable housing ❑Housing ❑public Service
Outcome: ❑Availability/Accessibility 9 ❑Create economic opportunities
r � ty ❑Affordability ❑Sustainabi6ty
C.s
E ->
_F .V
ACTUAL -- H
CATEGORY APPROVED TOTAL __
BUDGET EXPENDED EXPENDITURES REIMBURSED CUMULATIVE PROJECTED PROJECTED
[This Quarter]
CUMULATIVE
CUMULATIVE PERCENTAGE EXPENDITURES CUMULATIVE
(nuouUh end of Ns quarter'
(Through end of this quarter! (e&o} [Next Quarter]
EXPENDITURE rim mi....Personnel (By end of Contract Period]monnallairiiii
Contractual
_ _ =I 112=11-. _________NIIIIIIIII______________I _M_______________
Operating Costs ,--I_np_4._ii Ma:—_I 1_i1H—nt—ii—i—i n-.t rcWI I I II I I I I—_I_I__—I__I__i__I_I_I—_INI-_I_1 I_p=ITmI111M 1 mV I m__l I_1l1_.__11 o.l__n l_i_.i
--- —® . —
CommodiGes
® —
Capital Outlay —
— — ® ----
TOTAL -- — ®'
Program Income•The disposition of Program Income not
1.Does this Income speci ica I ly fisted in the approved Program Income budget requires prior written approval from DHCD.
ity generate Program Income? 0 Yes ❑No 2.If yes,indicate the amount generated this quarter. $
3.If yes,was written approval granted by DHCD to use the Program Income generated from this activity?
If yes,@�attai h copy of approval letter and related document.If no,a written request for approval to use the P ❑Yes No ❑N/A
Dade County for the generated Program Income must be submitted ua Program Income must be submitted to DHCD-or-a check
quarterly m accordance with the terms of
>:.KQ; �' iy+���-�=�`,� F the contract• Check Attached? .� payable to Miami-
Dade
� ��_���f�.� �°. � �' I 4�;N f �, �,.�-. 0 Yes No ❑N/A
1.Activity Status: ❑Cancelled �''�°`�"r i�f��,�r�� '^'� i
❑Underway }re
3.Is this activity still in compliance with the original project schedule? 0 2.Environmental Status.[)A=Exempt ❑C=Completed ❑D=Underway 0 No
N. r. �-d ia. P. 1 T+W�k�- a`v:pa4-:-WI, + .�1.F tell `fie ..��r r-'l-"av`"' I
e
*4e e€1aAei e€6 Lq�� B 2$h!��..�' 3 Fss?Im. .-,� 33'
I`.5���.� l� h fi'P I{ jIj£f .T1 �.i aR.� A_ v.:7. .t'
f 1L
Er •"114 9f; yh.✓•° 'Y lin
Department of Housing and Economic Development
Page 1 of 2 Quarterly Expenditure&Progress Report� Po• 1l-R6+031111
- ....—..�a -I I Llrui Lint AVU. +:qa.:•a-L. aaC
COON PROGRESS REPORT. FY 2011
a- i a fi 5'.:?'-. W r a"Y- `ka ) *^ ,,,, 6r�., -
v ��±�IYIf� _�d.,, _� ��::HY��� y� �1'�'Y..�� s =:z r S., r
LTt'7. -e �ir-.Jy�..��rl'�°� .a..�MI t L ZT7 m�4'.4 A c�sZ �� F P+.z�wr"� �,......
�y'Ak "'4k �.alr�bae:�3 S e..1. .71aIF7i'�.. .v�%�...i���=.M5WR ...rv. 'k.'�t
c
y�1 v''` �"�;y^ate
._ frl v rt tr -_..:Ae. 'tiWW .3P aM '""`?, rt ��:�` ` .t?.�rm-_r � rxl a', ,"- -yEu
s<": "c ? s'�-. =t_�t�Fx�i.,.. ..r..J3i'�'7���` '3 ,.ts a: V ZO mCB-,,,*a� .'!
Accomplishment Type: ❑People[oil ❑Households[04j ❑Businesses s
[o [ ❑Organizations[09) ❑Mousing Units[to]
0 Public Facilities[111 ❑Jobs[13]
National Objective: ❑Area Wide Benefit(e.g.LMA,LMAFI,LMASA,SBA -or-
0 Direct Benefit[e.g.LMC,LMH,1J41Jj
—` s "".4.,7,-.M. 17,1:4 �
"T",i T'wn�.v. e4 .y ;a. � r A w. �,t4-c;,Z l`m � ei aitR - „2',-2gliA' ti ik *. ' ( E 'A w
I Housing Units Peo.le 0 Households
1 Owner II Rental II Buyer it Total
I 1 Total People Low l Mod 11 Total ij Low!Mod Female
[Projected Goal I I l Households i Headed
Projected Goal IL_ I +� ��_
Actual This Quarter` I ��) I[
AActual Cumulative _j_
ill. �� Actual Quarter* k �I I I �-�
I Actual Cumulative �� �J
[`Supplemental Form Required-Attached Y/N: II - �'----s
*Supplemental Form 6 Required-Attached Y/N jl
I(1)Performance&Benefit Data:Housing
I Note:HOME funded projects must submit applicable activity set-up form. (1)Performance&Benefit Data:Public Service&Administration[] or-
(2)Performance&Benefit Data:Capital Improvement&Public Facilities❑-or-
(3)Performance&Benefit Data:Housing❑
Note:HOME funded projects must submit applicable acts
,� PP activity set-up form.
�..� P�r}�'�' fl�.ai��, y'^P.7;� �:;}��.�'�`ta�i � �s '�� r ,r �,y
t � [ .r . v,L (4rA 'S �F.;rt!�. [` G ';',42=5-211:5)1i;54 -- s�' .- ?z� .T� �.�}� '4 ¢ hPer� - 4mG.i- "y51 12`.�i
I I� Jobs Created —1Ir,�' �' '.
i i FT Jobs (I Low!Mod I1 PT Jobs Low!Mod (1 Total (�_
Projected Goal _-1111— 1111 I .1)
i Actual This Quarter* II II II II �l
!Actual Cumulative 11-----11 II II Ili -- 1)
`Supplemental Form tG)Required-Performance&Benefit Data:Economic Development-Attached Y/N: II
IPERFORMANCE CERTIFICATION: ❑This certifies that No Accomplishments occurred during this Quarter. Initials
NOTE: Submittal of Supplemental Form-Performance&Benefit Data is not required at this time based on the certification that no accomplishments occurred during this quarter. I
CERTIFICATION n"g
This is to certify that the data and other information provided in this Report is correct,based on official accounting system and records,and that expenditures and obligations shown have
been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by: Title:
Print Name Date:
Signature of Certifying Official: Title:
Date:
PE' I.., 1 E, �� p- :fs.r:1'.--1,-k a� .yam "-- h -= - z ar..
4 } 4 x � .. . , x Activity IDIS Number.
Report Q is/❑is not complete • Report ❑is/❑is not accurate • Initial review for completeness and accuracy completed by:
Name: Date:
Name: Date:
Contracts Ofhcer Team Leader/Supervisor
Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure&Progress Report[LR603111j
COUNTY_
..�. to wuarterIy cxpenafture and Progress Report• FY 2011
Recipient Name:
Activity Name: p
Activity ID#: Activity Category: 1st Quarter Jan-Mar ❑
HUD Activity Matrix Code: 2°d Quarter A,-Jun ❑
Accomplishment Type: 3rd Quarter Jul ❑
HUD Matrix Code Description: 4th Quarter Oct-Dec /Annual Re,Id ❑
PROJECT TYPE; MEASURES; _
0
ACCOMPLISHMENT UNITS COMPLETED:
Acquisition/Disposition ❑Structures•❑Parcels _
❑Clearance f Demolition #of Structures
0 Structures•❑Parcels #of Parcels
Street Improvements Persons Served•Low&Moderate Income
❑Public Facility/Type: #of Facilities
Persons Served•Low&Moderate Income
0
Building/Type: #of Persons Served
Facilities•Persons Served•Low/Mod Income
0 Other Capital Improvement/Type: indicate #of Low/Mod Income
YP r below] Persons Served•Low&Moderate Income
PERFORMANCE MEASUREMENT&ACCOMPLISHMENT INFORMATION
Instructions&Appficability:National Objectives include LMA,LMC,LMH,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
DIRECT BENEFIT INFORMATION
RACE I ETHNIC CATEGORY
Instructions:Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total.From the total
number depicted in each Racial Category,indicate the numbers that are of Hispanic Ethnicity for this reporting period and the cumulative total.
-n<d,_, -:r4�tEry �39!
RACIAL CATEGORIES
Racial Cateeodes Ethnk Ca Rac c-
•
ry ial Categ o ories Eflmk Catrgory
White[11] Total Number Number His I anic Total Number Number His.. is
Black/African American[12]
Asian[13]
American Indian/Alaskan Native[14]
Native Hawaiian/Other Pacific Islander[151
American Indian/Alaskan Native&White[16J
Asian&White[17J
Blade/African American&White[181
American Indian or Alaskan Native&Blade/African[191
Other Multi Racial[201
Totals
Performance&Benefit Data:Capital Improvement&Public Facilities[LR 6/3111] Page 1 of 2
� Supplement to Quarterly Expenditure&Progress Report
MIAMI-CADE Supplement to Quarterly Expenditure and Progress Report • FY 2011
COUNTY
DIRECT BENEFIT INFORMATION[CONTINUED]
DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION
Income Categories R RTI?ER1DA_ (t4►LS CUMUL t1It T 7f(CS:_ REPfiR1 T PER1if3B T TAES.: CUMtIt ATiV TO AtS_
Total Number Total Number Other Categones Total Number Total Number
Extremely Low(30%or less) Total#Benefiting
Low(31%-50%) from the Activity .
Moderate(51%-80%)
#of Female
Non Low/Mod(81%or greater) Headed
Totals Households
. AREA BENEFIT INFORMATION
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:
PART 3•:LEVERAGING OF FUNDS[Other Funding Sources}
$ 1.CDBG Funds $ 5.Other Federal Funds
$ 2.HOME Funds $ 6.State/Local Funds
$ 3.ESG Funds $ 7.Private Funds
$ 4.Section 108 Loan Guarantee $: 8.Other.
Name of funding Smace
Ga,c ...,_. Total Funds unds
"r :5b( � ( ir��.i'4,1 5' n -17 s3r�'� ,"6*a�V'fri ii} A r
.^:
Report Prepared by Title: Date:
Print Name
Signature of Certifying Official: Title:. Date:
Performance&Benefit Data:Capital Improvement&Public Facilities[LR 6/3/111 Page 2 of 2 Supplement to Quarterly Expenditure&Progress Report
GENERAL CDBG INTAKE ELIGIBILITY FORM
LMI LIMITED CLIENTELE(LMC)/JOBS(LMJ)/HOUSING(LMH)
NAME: PHONE:
DATE:
ADDRESS:
ZIP:
Head of Household: ❑ Male/❑ Female
Race/Ethnicity: Do you consider yourself to be Hispanic?❑ Yes/❑ No
Please check the race category which applies to you:
❑ White ❑ Asian&White
❑ Black or African American ❑ Black or African American&White
❑ Asian ❑ American Indian or Alaskan Native&White
❑ Native Hawaiian or Pacific Islander ❑ American Indian or Alaskan Native
❑ American Indian or Alaskan Native& ❑ Other
Black or African American
List Yourself and all Other Persons Occupying Home Relationship Sex Age Employed(Yes/No)
1. .
Yourself
2.
3.
4. -
5
6.
7.
8.
The assistance you receive is determined in part by the size of your household and your income. income and—assets wil require verification before.
eligibility will be granted.Income includes all money coming into the household from all persons over 18 years old.Wages,salaries,tips,commissions;
Self-employment income;Retirement,Survivor,or Disability pensions;Social Security or Railroad retirement;Supplemental Security Income,Aid to
Families with Dependent Children(AFDC),Temporary Assistance to Needy Families(TANF),Food Stamps,or other public assistance,or public welfare
programs;Interest,dividends,net rental income,or income from estates or trusts;and any other sources of income received regularly,including
Veterans'(VA)payments,unemployment compensation,alimony,and child support must be disclosed.
Household Member Source of Income Gross Monthly Amount Received _
1.
2.
3.
4.
5.
Income Eligibility Acceptable Documentation:Copy of Pay Stubs,Assistance to Needy Families(AFDC)or Temporary Assistance to Needy
Families(TANF)Official Printout/letter,Food Stamp Official Printout/letter,Letter confirming amount of unemployment benefits received,proof of child
support or alimony,proof of SSA/SSI or Veteran's Benefits,or proof of retirement income.
t,the undersigned applicant,do hereby authorize
investments. it is understood that this authorization is for the sole u to verify my personal records;including wages,pensions,and
confidential,
purpose of certifying my eligibility forfederal financial assistance,and that all
information acquired in this regard will remain con
BY MY SIGNATURE,I ACKNOWLEDGE THAT ALL INFORMATION I HAVE PROVIDED IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE. I AM AWARE THAT IF I MAKE ANY WILLFUL FALSE STATEMENT IN THIS CERTIFICATION OR ANY OTHER DOCUMENTATION
THAT I PROVIDE FOR PROGRAM ELIGIBILITY,I MAY BE PUNISHED WITH FINES OR IMPRISONMENT OF UP TO 5 YEARS,OR BOTH,UNDER
SECTION 1001 OF TITLE 18,UNITED STATES CODE,AND I ALSO MAY BE SUBJECT TO CIVIL AND/OR ADMINISTRATIVE PENALTIES AND
SANCTIONS.
Signature of Applicant Date
CDBG INCOME ELIGIBILITY 24 CFR 570.208
Activit classified under famil size and income 24 CFR 570.208 a 2 i B 24 CFR 570.506 b 3 iii
Activity is classified based on income eligibility 24 CFR 570.208 a 2 i C
requirements that restrict it exclusively to low-and � )( )C)O 24 CFR 570.506(b)(3)(ili)
moderate-income ••rsons
DEFINITIONS 124 CFR 570.3.
Family means all persons-living in the some household who are related.by birth,marriage or adoption.
lion Behold means all the'persons who occupy housing:unit.The occupants:may be a single family,one person•fiving.atone,
i-.two ormore famtlies hying together.or any other group of.related for unrelated:persons share living arrangements•Income.for Ble
purpose of deterrriining whether a°family or household is low-andmoderate-income.underSubpart C ofil is
part,_grantees may select anyof the three definitions listed below for each each:activity,except that integrally:related.:activities of the.--
.same type and qualifj ing;under the:same paragraph of 57o.208 a shall use the same delnrtion of income The:option_to choose
' a definition does.not apply to activities that_uai under 570,208(a)(,a Area benefit aetivtties)•.except when the recipient carries •
I out asurvey under 570 20$a 9 .vi Achvities:qualifying under 570.208(a)(11 generally mustuse.the area income data-supplied
to recipients by HUD The three:definitions:are as follows:••�-(i) Annual mcorrie as defined-under the Section 8:Housing Assistance Payments program at 24•CFR 893:106.(exceptthat if
the CDBG assistance being provided is homeowner rehabiiitation'under 570,202;the.value of the''homeowner's primary
residence niay be excluded from•any calculation of Net Family.Assets) or
Estimate the annual income of a family or household by projecting.the prevailing rate of income of each person at the time
assistance.is: rovided for;the individual family;or household.(as applicable): ..
P . •Estimated annual income shall include income from all family or household members,asapplicable:income orasset
•enhancement derived froni::the CDBG-assisted activity shall not be considered in calculating estimated annual income. .•Low-and moderate ineomenottsehold means:a-frousehbld:having an income equal orr less than the Section:8 low-income
i limitestablished by HUD.
Low-and moderate-income person means a member of a family having an income:equal to or:less than the Section 8 low-
income limit established byHUD.Unrelated individuals will be considered.as one-person families for. purpose. .
Low income household.means:a household having.an income,equal to or less than the Section 8 very tow-Income;limit .
,established by HUD -
jLaw rncome ersonmeans a member of a family that has.an income equal to orless thanthe Section 8 ve .low-income limit
l established by:HUD..Unrelated individuals shall be:considered as one-person families for this purpose. ry
INSTRUCTIONS FOR IMPLEMENTING AGENCY
You must first seek third party verification.This is a verification that is received directly from the source of
income.The request can be by mail,fax,or email. It must be clearly evidenced that it was received from
the source.
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CDBG Income Eligibility Form
MIAMI-DADE
DEPARTMENT OF HOUSING &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 1. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
❑ CDBG ❑ HOME
•
El HOMELESS (SRO/SHP) El HOPE VI NSP ❑
❑ EDI ❑ BEDI EZ ❑
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:
I Fax:
Form Revised 1 VU9
9. Detailed description of activity or project:
10. What is the purpose of the activity or project? For example,Public Service,Economic
Development, Historic Preservation,Capital Improvement, Housing,etc.
11. What is the status of activity or project? For example,Pre-Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed,etc.
Part IL PROJECT OUTCOME
Will the activity or project result in the following?
•
YES NO
1. Change in use -
2. Sub-surface alteration(Le.excavations)
3. New construction
4. Renovation or demolition
5. Site improvements(utilities,sidewalk,landscaping,storm
drainage,parking areas,drives,etc.)
6. Building improvements.(windows,doors,etc.)
7. Displacement of persons,households or business
8. Increase in population working or living on site
9. Land acquisition
10. Activity in 100-year floodplain
11. A new nonresidential use generating at least 1,375,000 gallons of
water or 687,500 gallons of sewage per day.
12. Use requiring operating permit(i.e.for hazardous waste,
pretreatment of sewage,etc.)
13. A sanitary landfill or hazardous waste disposal site
14. Tree removal or relocation
15. Street improvements
16. The impounding of more than 10 acre feet of water(e.g.digging a
lake or diverting or deepening of a body of water).
2
Part III. SITE SPECIFIC INFORMATION
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?
0 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 ❑ NO
3
If yes,what is the estimated cost of rehabilitation or renovation?
What is the amount sought for funding?
In addition,indicate if the estimated value of the improvement represents:
❑ 0 to 39.9 percent of the market value of the structure(s)
❑ 40 to 49.9 percent of the market value of the structure(s)
50 to 74.9 percent of the market value of the structure(s)
❑ 75 percent or more of the market value of the structure(s)
5. Phase I Environmental Audits:
Does the proposed activity involve the transfer of any property, new construction, major
renovations of 75% or more of the structures' market value, or a securing of a loan for
nonresidential parcel?
❑ YES ❑ NO
If yes, a copy of Phase I Environmental Audit certified to Miami-Dade County must be
submitted to determine the likely presence of either a release or threatened release of
hazardous substance.
An audit is a review of a site and adjacent properties and involves preparing a history of
ownership, land use and zoning for the last 50 years; researching environmental records for
information on hazardous waste sites, hazardous facilities, solid waste/landfill facilities and
underground storage tanks (available through the Department of Environmental Regulations
and Management(DERM), Florida Department of Environmental Protection (FDEP) and U.S.
Environmental Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the.soil.
Has a Phase I been performed? ❑ YES ❑ NO
6. Environmental Health Information:
• If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
❑ YES ❑ 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?
❑ YES ❑ NO
If yes,please submit the results.
4
7. Other Site Information:
YES NO
1. Flood insurance required?
2. Public water available on site?
3. Public sewer available on site?
4. Children under 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 1d Court- 14th Floor
Miami, Florida 33136
5
TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity EXEMPT* CENST** CEST*** EA****
Economic Development
New Construction X
Rehab X' X2
Non-Construction/Expansion X
Housing
Single Family Rehab X
Multi-Family Rehab X' X2
New Construction X
Homeownership Assistance X
Affordable Housing Pre-Dev. X
`Capital Improvement
Handicapped Access X
Public Facilities X' X2
Infrastructure X' X2
Public Services
Employment X
Crime Prevention X
Child Care X
Youth or Senior Services X
Supportive Services X
Type of Publication No Public No Public No Public Notice/No Publish
Notice/No Notice/No RROF(No Statutory FONSI and
RROF RROF Requirement Triggered) NOI/RROF
Or
• Publish NOIRROF
(Statutory Requirement
Triggered)
IEstimated Time Frame(Excluding 30-45 Days 30-45 Days 45-90 Days 90 Days
Triggered Statutes)
I I I Minimum
XI If for continued use and change in density(or size)of less than 20%
X2 Change in density(or size)of more than 20%
* Exempt Exempt Activities
** CENST Categorically Excluded and Not Subject to 58.5
*** CEST Categorically Excluded Subject to 58.5
*kirk EA Environmental Assessment(Format II)
6
MIAMI' E'
COUNTY
ATTACHMENT E
AFFIDAVITS
Miami-Dade County Affidavits .
The contracting individual or entity(government or otherwise) shall indicate by an "X" all affidavits that
pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract.
All blank spaces must be filled.
Read carefully each affidavit to determine whether or not it pertains to this contract.
I, , being first duly sworn state;
Affiant
The full legal name and business address of the person(s) or entity contracting or transacting
business with Miami-Dade County are (Post Office addresses are not acceptable):
Federal Employer Identification Number(If none,Social Security)
Name of Entity,Individual(s),Partners,or Corporation
Doing Business As(If same as above,leave blank)
Street Address City State Zip Code
I.- MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT(Sec.2-8.1 of the County Code)
1.- If the contract or business transaction is with a corporation, the full legal name and business
address shall be provided for each officer and director and each stockholder who holds directly or
indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction
is.with a partnership, the foregoing information shall be provided for each partner. If the contract or
business transaction is with a trust, the full legal name and address shall be provided for each trustee
and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly-traded
corporations or to contracts with the United States or any department or names and addresses are
(Post Offices addresses are not acceptable):
Full Legal Name Address Ownership
%
%
%
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2.- The full legal names and business address of any other individual (other than subcontractors,
material men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable
beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office
addresses are not acceptable):
3.- Any person who willfully fails to disclose the information required herein, or who knowingly
discloses false information in this regard, shall be punished by a fine of up to five hundred dollars
($500.00) or imprisonment in the County jail for up to sixty(60) days or both.
II.-MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT(County Ordinance No. 90-133)
Amending Sec. 2.8-1; Subsection (d)(2) of the.County Code.
Except where precluded by Federal or State laws or regulations, each contract or business
transaction or renewal thereof, which involves the expenditure of ten thousand dollar ($10,000) or
more, shall require the entity contracting or transacting business to disclose the following information.
The foregoing disclosure requirements do not apply to contracts with the United States or any
department or agency thereof, the State, any political subdivision, agency, or any municipality of the
State.
1. Does your firm have a collective bargaining agreement with its employees?
Yes No
2. Does your firm provide paid health care benefits for its employees?
Yes No
3. Provide a current breakdown (number of persons) of your firm's work force and ownership as
to race, national origin and gender.
White: Males Females Asian: Males Females
Black: Males Females American Indian: Males Females
Hispanics: Males Females Aluet(Eskimo): Males. Females
Males Females : Males Females
III.- AFFIRMATIVE ACTION/NON-DISCRIMINATION OF EMPLOYMENT, PROMOTION AND
PROCUREMENT PRACTICES (County Ordinances 98-30 codified at 2-8.1.5 of the County Code)
In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of
$5,000,000 seeking to contract with the County shall, as condition receiving a County contract, have
.1) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it
does not discriminate in its employment and promotion practices; and 2) a written procurement policy
which sets forth the procedures the entity utilizes to assure that it does not discriminate against
minority and women-owned businesses in its own procurement of goods, supplies and services.
Such affirmatives action plans and procurement policies shall provide for periodic review to determine
their effectiveness in assuring the entity does not discriminate.in its employment, promotion and
procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors
are representatives of the population make-up of the nation shall be presumed to have non-
discriminatory employment and procurement policies and shall not be required to have written
affirmative action plans and procurement policies in order to receive a County contract. The foregoing
presumption may be rebutted.
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The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of
the County Manager that•it is in the best interest of the County to do so and upon approval of the
Board of County Commissioners by majority vote of the members present.
The firm does not have annual gross revenues in excess of$5,000,000
The firm does have annual revenues in excess of$5,000,000; however, its Board of Directors
is representative of the population make-up of the nation and has submitted a written, detailed
listing of.its Board of Directors, including the race of ethnicity of each board member, to the
County's Department of Business Development, 175 NW 1St Avenue, 28th Floor, Miami, Florida
33128.
The firm has annual gross revenues in excess of$5,000,000 and the firm does have a written
affirmative action plan and procurement policy as described above, which includes periodic
review to determine effectiveness, and has submitted the plan and policy to the County's
Department of Business Development, 175 NW 1St Avenue, 28th_Floor, Miami, Florida 33128.
. s
The firm does not have an affirmative action plan and/or a procurement policy as described
above, but has been granted a waiver.
IV.-MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT(Section 2-8.6 of the County Code)
The individual or entity entering into a contract or receiving funding from the County: has
has not of the date of this affidavit been convicted of a.felony during the past ten (10) years.
V.-MIAMI-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT(County Ordinance
No. 92-15 codified as Section 2-8.1.2 of the County Code)
That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above
named person or entity is providing a drug-free workplace. A written statement to each employee
shall, inform the employee about
1. Danger of drug abuse in the workplace.
2. The firm's policy of maintaining a drug-free environment at all workplaces
3. Availability of drug counseling, rehabilitation and employee assistance programs
4. Penalties that may be imposed upon employees for drug abuse violations
The person or entity shall also require an employee to sign a statement, as a condition of employment
that the employee will abide by the terms and notify the employer of any criminal drug conviction
occurring no later than five (5) days after receiving notice of such conviction and impose appropriate
personnel action against the employee up to and including termination.
Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or
service offered by the person or entity make it necessary for the operation of the County or for the
health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding
which is provided in whole or in part by the United States of the State of Florida shall be exempted
from the provisions of this ordinance in those instances where those provisions are in conflict with the
requirements of those government entities.
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VI.-MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT(County Ordinances No. 142-91
codified as Section 11A-29 ET.Seq.of the County Code)
That in compliance with ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an
employer with fifty(50) or more employees working in Dade County for each working day during each
of twenty(20) or more calendar workweeks, shall provide the following information in compliance with
all items in the aforementioned ordinance:
An employee who has worked for the above firm at least one 1
( ) year shall be entitled to ninety (90)
days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or
adoption of a child, or for the care of a child, spouse or other close relative who has serious health
condition, without risk of termination or employer retaliation.
The foregoing requirements shall not pertain to contracts with the United States or any department or
agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however,
pertain to municipalities of this State.
VII.-DISABILITY NON-DISCRIMINATION AFFIDAVIT(County Resolution R-385-95)
That the above names, firm, corporation or organization is in compliance with and agrees to continue
to comply with and assure that any subcontractor, or third party contractor under this project complies
with all applicable requirements of the laws listed below including, but not limited to, those provisions
pertaining to employment provisions of programs and services, transportation, communications,
access to facilities, renovations, and new construction in the following laws: 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.
Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing
requirements shall not pertain to contracts with the United States or any department or agency
thereof, the State or any political subdivision or agency thereof or any municipality of this State.
VIII.-CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS
The individual entity seeking to transact business with the County is current in all its obligations to the
County and is not otherwise in default of any contract, promissory note or other loan documents with
the County or any of its agencies or instrumentalities.
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X.-DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Codified at 11A-60 ET. Seq. of the
Miami-Dade County Code)
The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance,
Ordinance 99-5; codified at 11A-60 ET.. Seq. of the Miami-Dade County Code, which requires an
employer which has 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 proceeding calendar years, to provide Domestic Violence Leave to its employees.
I have carefully read this entire five (5) pages document entitle Miami-Dade County Affidavits and
have indicated by an "X" all affidavits that pertain to his contract and have indicated by an "N/A" all
affidavits that do not pertain to this contract.
By:
(Signature of Affiant) (Date)
SUBSCRIBED AND SWORN TO (or affirmed) before me this day of
20 by . He/She is personally known to me or has
presented • as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print of Stamp of Notary) (Expiration Date)
Notary Public-State of
(State) .
5
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SWORN STATEMENT PURSUANT TO SECTION 287.133.(3)(a)
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1.- This form statement is submitted to
by
(Print individuars name and title)
for
(Print name of entity submitting sworn statement)
whose business address is
and if applicable its Federal Employer Identification Number(FEIN) is . If the entity
has no FEIN, include the Social Security Number of the individual signing this sworn statement.
2.- I understand that a "public entity crime" as defined in paragraph 287.133 (1) (g), Florida Statutes,
means a violation of any state or federal law by a person with respect to, and directly related to the
transactions of business with any public entity or with an agency or political subdivision of any other
state,or with the United States, including, but not limited to any bid or contract for goods or services to
be provided to public entity or agency or political subdivision of any other state or of the United States
and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material
misinterpretation.
3.- I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida.
Statutes, means a finding of guilt or a conviction of a public entity crime, .with or without an
adjudication of guilt, in a federal or state trial court of record relating to charges brought by indictment
or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty
or nolo contendere.
4.- I understand that an"Affiliate" as defined in paragraph 287.133 (1)(a), Florida Statutes means:
1. A predecessor or successor of a person convicted of a public entity crime or
2. An entity under the control of any natural person who is active in the management of the entity
and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income
among persons when not for fair market value under an arm's length agreement, shall be a
prima facie case that one person controls another person. A person who knowingly enters into
a joint venture with a person who has been convicted of a public entity crime in Florida during
the preceding 36 moths shall be considered an affiliate.
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5.- I understand that a "person" as defined in paragraph 287.133 (1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States within the legal
power to enter into a binding contract and which bids or applies to bid on contracts for the provision of
goods or entity. The term "person" includes those officers, executives, partners, shareholders,
employees, members, and agents who are active in management of an entity.
6.-Based on information and belief, the statement which I have marked below is true in relation to the
entity submitting this sworn statement. (Please indicate which statement applies)
Neither the entity submitting sworn statement, nor any of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members; or agents who are active in the management of the
entity, or an affiliate of the entity, or an affiliate of the entity had.been charged with, and convicted of a
public entity crime subsequent to July 1, 1989, AND (please indicate which additional statement
applies).
The entity submitting this sworn statement, or one or more of its officers, directors, executives,
partners, shareholders, employees, members, or agents who are active in the management of the
entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime
subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative
Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public
interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy
of the final order).
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER
FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC
ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR
YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT
PUBLIC ENTITY PRIOR TO ENTRING INTO A CONTRACT IN EXCESS OF THE THRESHOLD
AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
(Signature)
Sworn to and subscribed before me this day of , 20
Personally known
Or produced identification Notary Public-State of
My commission expires
(Type of identification)
(Printed, typed or stamped commissioned name of notary public)
7
Microsoft Word/Affidavits 2006/Revisedlmdm-01-04-2006
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1.-Do you have any past due financial obligations with Miami-Dade County?
Single Family House Loans YES NO
Multi-Family Housing Rehab
CDBi3 Commercial Loan Project
U.S.HUD Section 108 Loan
Other HUD Funded Programs
Other(liens,fines, loans, occupational licenses,etc.)
If YES, please explain:
2.-Do you have any past due financial obligations with Miami-Dade County?
YES NO
If YES, please explain:
3.-Are you a relative of or do you have any business or financial interests with any elected Miami-Dade County
official, Miami-Dade County Employee, or Member of Miami-Dade County's Advisory Boards?
YES NO
If YES, please explain:
Any false information provided on this affidavit will be reason for rejection and disqualification of your project-
funding request to Miami-Dade County
The answers to the foregoing questions are correctly stated to the best of my knowledge and belief.
By:
(Signature of Applicant) (Date)
SUBSCRIBED AND SWORN TO(or affirmed)before me this day of 20
By He/She is personally known to me or has presented
as identification.
(Type of Identification)
(Signature of Notary) (Serial Number)
(Print or Stamp of Notary) (Expiration Date)
Notary Public-Stamp of Notary Seal
(State)
8
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006
DEVELOPER'S AFFIDAVIT THAT MIAMI-DADE COUNTY TAXES,
FEES AND PARKING TICKETS HAVE BEEN PAID
(Section 2-8.1 (c)of the Code of Miami-Dade County,as amended by Ordinance No. 00-30)
and
THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY
(Section 2-8.1 (h)of the Code of Miami-Dade County, as amended by Ordinance No.00-67)
, being first duly sworn, hereby state and certify
that the foregoing statements are true and correct:
1. That I am the Developer (if the Developer is an individual), or the (fill in
the title of the position held with the Developer) of the Developer.
2. That the Developer has paid all delinquent and currently due fees or taxes (including but not
limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in
the normal course by the Miami-Dade County Tax Collector, and County issued parking tickets
for vehicles registered in the name of the above developer, have been paid.
3. That the Developer is not in arrears in excess of the enforcement threshold under any
contract, final non-appeasable judgment, or lien with Miami-Dade County, or any of its
agencies or instrumentalities, including the Public Health Trust, either directly or indirectly
through a firm, corporation, partnership or joint venture in which the Developer has a
controlling financial interest. For purposes hereof, the term "enforcement threshold" means
any arrearage under any individual contract, non-appeal able judgment, or lien with Miami-
Dade County that exceeds $25,000 and has been delinquent for greater than 180 days. For
purposes hereof, the term "controlling financial interest" means ownership, directly or
indirectly, of ten percent or more of the outstanding capital stock in any corporation, or a direct
or indirect interest of ten percent or more in a firm, partnership, or other business entity.
By: , 20 -
Signature of Affiant Date
/ / / / / / / / / / /
Printed.Name of Affiant and Title Federal Employer Identification Number
Printed Name of Arm
Address of Firm
SCRIBED AND SWORN TO (or affirmed) before me this day of , 20
By . He/She is personally known to me or has presented-
as identification.
Type of Identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public—State of Notary Seal
9
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006
CODE OF BUSINESS ETHICS
In accordance with Section 2-8.1 (i) of the Miami-Dade County Code, each person or entity that seeks
to do business with the County shall adopt a Code of Business Ethic ("Code") and shall, prior to
execution of any contract between the developer and the County, submit an affidavit stating that the
contractor has adopted a Code that complies with the requirements of Section 2-8.1 (i) of the Miami-
Dade County Code. Any person or entity that fails to submit the required affidavit shall be ineligible
for contract award. The Code of Business Ethics shall apply
with the County and shall, at a minimum, require that the developer business that the developer does
• Comply with all applicable governmental rules and regulations including, among others, the
Miami-Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims
Ordinance.
• Comply with all applicable rules and regulations regarding Disadvantaged Business
Enterprises, Black Business Enterprises, Hispanic Business Enterprises and Women Business
Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs') and Community
Small Business Enterprises (CSBEs)and shall specifically prohibit the following practices:
➢ Pass-throuah Re uirements. The Code shall prohibit pass-through whereby the prime
fire requires that the MBE or CSBE firm accept payments as a MBE or CDBE and pass
through those payments or a portion of those payments to another entity including, but
not limited to the owner/operator of the prime firm.
➢ Rental S•ace E•ui•ment or Flat Overhead Fee Re•uirements. The Code shall
prohibit rental space requirements, equipment requirements,_and/or flat overhead fee
requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or
equipment from the prime firm or changes a flat overhead fee for the use of space,
equipment, secretary, etc.
➢ Staffing Requirements. The Code shall prohibit the prime firm from mandating, as a
condition to inclusion in the project, that a.MBE or CSBE hire, fire, or promote certain
individuals not employed by the prime firm, or utilize staff employed or previously
employed by the prime firm.
➢ MBE or CSBE Staff Utilization. The Code shall prohibit the prime firm from requiring
the MBE or CSBE firm to provide more staff than is necessary and then utilizing the
MBE or CSBE staff for other work to be performed by the prime firm.
➢ Fraudulently Creating, Operating or Representing MBE or CSBE. The Code shall
prohibit a prime firm including, but not limited to, the owner/operators thereof from
fraudulently creating, operating or representing an entity as a MBE or CSBE for
purposes of qualifying for certification as a MBE or CSBE.
14
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006
• The Code shall also require that on any contract where MBE or CSBE participation is
purported, the contract shall specify essential terms including, but not limited to; a specific
statement regarding the percent of participation planned for MBEs or CSBEs, the timing or
payments and when the work is to be performed_
• The failure of a developer to comply with the Code of Business Ethics shall render any
contract between the contractor and the County voidable, and subject violators to debarment
from future County work pursuant to Section 10-38 (h)(2) of the Code. The Inspector General
shall be authorized to investigate any alleged violation by a developer of the Code of Business
Ethics.
By
Signature of Affiant Date
Printed Name and Title of Affiant Federal Employer Identification Number
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO (of affirmed) before me this day of ,
•
by �
y . He/She is personally known to me or has presented
as identification.
Type of Identification
Signature of Notary Serial Number
Print of Stamped Name of Notary Expiration Date
Notary Public State of Notary Seal
11
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreement in excess of$100,000)
and that all subrecipients shall certify and disclose accordingly.
4. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
By:
(Signature of Authorized Representative)
Print:
(Print Name of Firm and Authorized Representative)
Title:
Date:
COLLUSION AFFIDAVIT
(Code of Miami-Dade County Section 2-8.1.1 and 10-33.1)(Ordinance No. 08-113)
BEFORE ME, A NOTARY PUBLIC, personally appeared
duly sworn states: who being
(insert name of affiant)
I am over 18 years of age, have personal knowledge of the facts stated in this affidavit
and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to
bind the bidder of this contract.
I state that the bidder of this contract:
❑ is not related to any of the other parties bidding in the competitive solicitation, and that the
contractor's proposal is genuine and not sham or collusive or made in the interest or on
behalf of any person not therein named, and that the contractor has not, directly or indirectly,
induced or solicited any other proposer to put in a sham proposal, or any other person,firm,
or corporation to refrain from proposing, and that the proposer has not in any manner sought
by collusion to secure to the proposer an advantage over any other proposer.
OR
❑ is related to the following parties who bid in the solicitation which are identified and listed
below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for
contract award. In the event a recommended contractor identifies related parties in the
competitive solicitation its bid shall be presumed to be collusive and the recommended contractor
shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to
the extent of ownership, control and management of such.related parties in the preparation and
submittal of such bids or proposals. Related parties shall mean bidders or proposers or the
principals, corporate officers, and managers thereof which have a direct or indirect ownership
interest in another bidder or proposer for the same agreement or in which a parent company or
the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in
another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall
be rejected.
By:
Signature of Affiant Date
2O
/ - . / / / / / / /
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Firm
Address of Firm
BID PACKAGE ADDENDUM Revised 4/12,99
SUBSCRIBED AND SWORN TO(or affirmed)before me this day of , 20
He/She is personally known to me or has presented as
identification. Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public—State of
Notary Seal
SID PACKAGE ADDENDUM Revised 4!IJ99
Agency's letterhead
SAMPLE
- AGENCY NAME
DISCL�S�JRE ABOUT RELATED PARTIES
(DATE)
THERE ARE NO BOARD MEMBERS OF THE (AGENCY.NAME)
WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH
OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY
NAME) OPERATIONS.
LIVING WAGE REQUIREMENT(Miami-Dade County Ordinance 99-44)
Effective November 11, 1999 the provisions of Miami-Dade County Ordinance 99-44 and Section
2-8.9 of the Code of Miami-Dade County shall apply to all service contracts involving the
expenditure of over$100,000 per year for"Covered Services".
"Covered Services" are the type of services purchased by the County that are subject to the
requirements of the Living Wage Ordinance which are one of the following:
(1) County Service Contracts
(i) food preparation and/or distribution
(ii) security services
(iii) . routine maintenance services such as custodial, cleaning, refuse removal, repair,
refinishing and recycling
(iv) clerical or other non-supervisory office work, whether temporary or permanent
(v) transportation and parking services,including airport and seaport services
(vi) printing and reproduction services
(vii) landscaping, lawn and/or agricultural services
In accordance with Miami-Dade County Ordinance 99-44, all Service Contractors entering into a
contract with Miami-Dade County to provide Covered Services as described above shall pay to all
of its employees providing such Covered Services to the County a Living Wage of no less than
$8.56 per hour plus Health Insurance as described in the aforementioned ordinance, or $9.81 per
hour without Health Insurance. P
Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of
health care benefits for employees and their dependents. Proof of the provision of Health Insurance
must be submitted to the County to qualify for the wage rate for employees with health benefits;
The Service Contractor shall also agree to produce all documents and records relating to payroll and
compliance with this Ordinance prior to award of a contract as a result of this solicitation upon
request by the County.
If records reflect that the Service Contractor is in violation of this Ordinance, the County has the
right to sanction the Service Contractor. to include but not limited to termination, fine and
suspension.
This Ordinance encompasses various responsibilities that must be accomplished by the successful
proposer such as record keeping, posting and reporting. Upon the award of this contract, the
successful proposer must be prepared to comply with these requirements as outlined in Ordinance
99-44.
5/01
1 of
FORM-
A-11
MIAMI-DAD
COUNTY, FLORA
MIA1Vi-DBE COUNTY LIVING
(Ordinance 99-44 and Section 2-8.9 of the MiWAGE AFFIDAVIT Solicitation No.: amt-Dade County Code)
Title:
I,
certify that in compliance with
County Code, by Miami-Dade Co being first duly sworn hereby
y accepting award of this contract, Ordinance 99-44 and Section 2-8.9 of y state and
required
County o e,by Dade County the bidder or the Miami Dade
proposer further understands ty Ordinance 99-44 to all a proposer agrees to pay the Ii
benefits that the current living employees assigned to this contract. living wage
as described in the ordinance g wage applied to this con The bidder or
or$9.8.1 per hour without health tract is$8.56 per hour plus health
ealth benefits.
By:
Signature of giant
Date 20
Printed Name of Firm
Address of Finn
SUBSCRIBED AND SWORN TO(or affirmed)before
by
me this day of
20
Affiant - He/She is personally known to me or has
presented
as
Type of Identification Identification.
Signature of Notary
Serial Number
Print or Stamp Name of Notary
Expiration Date
Notary Public—State of
Notary Seal
Rev. 1/20/00
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Attention': Mithael 0.•Sinart
ATTACHMENT G
FAIR SUBCONTRACTING POLICIES
(Ordinance 97-35)
FAIR SUBCONTRACTING PRACTICES
In compliance with Miami-Dade County Ordinance 97-35, the Developer submits the following
detailed statement of its policies and procedures of awarding subcontracts:
I hereby certify that the foregoing information is true, correct and complete.
Signature of Authorized Representative:
Title: Date:
Firm Name: Fed. ID No:
Address:
City: State: Zip Code:
Telephone: ( ) Fax: ( )
12
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006
ATTACHMENT H
SUBCONTRACTOR/SUPPLIER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed
by the developers on County contracts for purchase of supplies, materials or services,including professional
services which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of$100,000 or more. This form, or a comparable
listing meeting the requirements of Ordinance No. 97-104, must be completed and submitted even
though the developer will not utilize subcontractors or suppliers on the contract. The developer
should enter the word"NONE" under the appropriate heading on this form in those instances where
no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract
shall not change or substitute first tier subcontractors 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 County.
i J
L
lei tn�'r 7 Ye3t4 C� T }�a �
°Io to j t § 4aL k Gx Yk ��4 y
. ".- .`1 ,,n?i' y F 4
�� G_ Fir
I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my
knowledge true and accurate.
Signature Developer(s) Print Name Print Title
Date Authorized Representative
(Duplicate if additional space is needed)
13
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006