HomeMy Public PortalAbout12-8503 CDBG for the Rehabilitation Project of Lift Station 11B Sponsored by: City Manager
Resolution No. 12-8503
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO ACCEPT THE MIAMI-DADE COUNTY
HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AWARD, IN THE AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) FOR THE
REHABILITATION PROJECT OF LIFT STATION 11B,FOR THE
CONTRACT PERIOD BEGINNING MAY 1, 2012 THROUGH
DECEMBER 31,2013,IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Miami-Dade County Board of County Commissioners awarded the City of
Opa-locka a Community Development Block Grant(CDBG),which may be used to rehabilitate Lift
Station 11B, and
WHEREAS, rehabilitation of Lift Station 11B will facilitate the City's compliance with
Miami-Dade County wastewater regulations; and
WHEREAS, the CDBG award is in the amount of $100,000, which shall serve as gap
funding for the rehabilitation project for Lift Station 11B; and
WHEREAS,the remaining Lift Station 11B funding shall be paid by the City of Opa-locka
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. 12-8503
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to accept Miami-Dade County Housing and Community Development Block Grant
(CDBG)award,in the amount of One Hundred Thousand Dollars($100,000.00),and any additional
funds by PCHD for the rehabilitation project of Lift Station 11B, for the contract period beginning
May 1, 2012 through December 31, 2013, 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 12th day of December, 2012.
i
al YRA AYLOR
MAYOR
vttest to:
1 I) _ •
J. a Flores
C Clerk
Approved a to form and legal suf ciency:
I
1 if
JoY-p Sl el -r
Att 1 rney
Moved by: Commissioner 'ohnson
Seconded by: Commissioner olmes
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: OUT OF ROOM
Vice-Mayor Kelley: YES
Mayor Taylor: YES
cf 4<0
0
v• i N m D
sORPt
E�
City of Opa-Locka
Agenda Cover Memo
Commission Meeting December 12,2012 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes _ No
(Enter X in box) X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) CDBG (EnterXin box) X
35-535630 Public Works
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational l]
Bus.&Economic Dev • Increase public health safety and
Public Safety n Economic Growth.
Quality of Education I]
Qual.of Life&City Image •
Communcation t]
Sponsor Name City Manager Department: Public Works
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING
THE CITY MANAGER TO ACCEPT THE MIAMI-DADE COUNTY HOUSING AND COMMUNITY
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AWARD, IN THE AMOUNT
OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) FOR THE REHABILITATION OF LIFT
STATION 1 1 B PROJECT.
Staff Summary:
An application was submitted to Miami Dade County Housing and Community Development requesting
$100,000.00 in gap funding for Lift Station #11B Rehabilitation Project. The Miami Dade County Board
of County Commissioners approved the award recommendation through Resolution#R-361-12.
Staff recommends the adoption of the Resolution to authorize the acceptance of the additional CDBG
award and further to authorize the City Manager to accept any additional funds awarded by PHCD for the
Rehabilitation of Lift Station 11B, and to enter into and execute the necessary agreement. In executing the
contract, the city can begin the construction phase.
The Miami Dade County Contract
City Resolution#11-8268
P :9 c
/4 7'
III Dj
Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Joseph L. Kell•
Commissioner Timo iy Holy s
Commissioner Dorot y"D; tie" Johnson.
Commissioner Luis B S. iag6A_____2
FROM: Kelvin L. Baker, Sr., City'Wallal.•
DATE: November 26, 2012
RE: Authorization to accept the HCD-CDBG grant award for Lift Station 11B
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT THE MIAMI-DADE
COUNTY HOUSING AND COMMUNITY DEVELOPMENT COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) AWARD, IN THE AMOUNT OF THREE
HUNDRED THOUSAND DOLLARS ($100,000.00) FOR THE REHABILITATION OF LIFT
STATION 11B PROJECT FOR THE CONTRACT PERIOD OF MAY 1, 2012 TO
DECEMBER 31, 2013, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
Description: An application was submitted to Miami Dade County Housing and Community
Development requesting $100,000.00 in gap funding for Lift Station #11B Rehabilitation
Project. The Miami Dade County Board of County Commissioners approved the award
recommendation through Resolution#R-361-12.
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. 11-8268 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.
Analysis: The Lift Station 11B Rehabilitation Project will facilitate the compliance with the
Miami Dade County wastewater regulations. The additional funds will relieve the current
funding gap that exist for this project, will allow the city to award the construction contract to the
approved contractor and enable the city to complete this project.
Attachment(s): The Miami Dade County Contract
City Resolution#11-8268
Prepared By: Charmaine Parchment, Interim Assistant Finance Director/Grant Coordinator
END OF MEMORANDUM
Sponsored by: City Manager
•
Resolution No. 11-8268
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO SUBMIT THREE (3) APPLICATIONS
TO MIAMI-DADE COUNTY DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT FOR FY12 NON-
HOUSING COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)IN THE AMOUNT OF FOUR HUNDRED AND FIFTY
THOUSAND DOLLARS ($450,000.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the Community Development Block Grant(CDBG)allocates funds from HUD
to a number of entities for activities that benefit low and moderate income persons; and
WHEREAS, the County CDBG is a gap fund and does not fund projects 100%. The
applications will be submitted for projects selected from currently budgeted projects; and
WHEREAS,The City Commission of the City of Opa-locka desires that the City Manager
submit three (3)applications to Miami-Dade County Department of Community Development for
Non-Housing Community Development Block Grant Funding; and
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to submit three(3)applications to Miami-Dade County Department of Community
Resolution No. 11-8268
Development for Non-Housing community Development Block Grant Funding FY 2012,in the total
amount of Four Hundred and Fifty Thousand Dollars ($450,000.00).
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 2nd day of August, 2011.
.— � � J
MYRA .I AYLOR
M.e OR
Attest to:
Des: . S. .y
City Clerk
Approved as to form and legal sufficiency:
Jo'- oh S.of ller
•it Atto y
Moved by: VICE MAYOR JOHNS 4N
Seconded by: COMMISSIONER TYDUS
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
Resolution Number#R-361-12
Duns Number#083111823
Awarded Amount$100,000
CDBG 2012 FY 2012 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)953-2868,states conditions and covenants for the rendering of Community,Economic or
Housing activities hereinafter referred to as "Activity or Activities" for the County through its Public Housing and
Community Development hereinafter referred to as"PHCD,"and having its principal offices at 701 N.W. 1 Court, 14th
Floor,Miami,Florida 33136, collectively referred to as the"Parties."
WHEREAS, the Home Rule Charter authorizes Miami-Dade County to provide for the uniform health and
welfare of the residents throughout the County and further provides that all functions not otherwise specifically
assigned to others under the Charter shall be performed under the supervision of the Miami-Dade 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 $100,000 of CDBG funds to the Activity Lift Station 11B
Rehabilitation located at at 780 Fisherman Street, 4th Floor, Opa-Locka, 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
PHCD Public 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, papers,
Agreement Records 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.
z Awardee Recipient of CDBG funds from Miami-Dade County.
Property The real property as descibed by legal description in any loan
documents executed between Awardee and the County and any real
property of Awardee or Related or Affiliated Entities(as defined herein)
acquired or improved upon with funds awarded pursuant to this
Agreement or on which funds awarded pursuant to this Agreement are
anticipated to be used.
Policies and Procedures PHCD's Policies and Procedures Manual flkla Contract Compliance
Manual Manual may be viewed and downloaded at
http:llwww.miamidade.govlcedlPnP.asp •
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 PHCD's notification, the Awardee shall furnish to the Department's Community and Housing
Management Division (CHMD), 701 N.W. 1 Court, 14th floor, Miami, Florida 33136, relevant
certificate(s) of Insurance evidencing insurance coverage as detailed in 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 Internal
Services Department prior to any reimbursement being processed. All certificates and insurance
updates must identify the names of the Awardee and the Activity being funded through this
Agreement. The Awardee shall provide .Builder's Risk Insurance andlor Flood Insurance (if
Page 2 of 38
applicable) upon the issuance of the Notice to Proceed with an effective date for coverage
commencing on the Notice to Proceed date.
Any changes to the required insurance policies, including coverage renewals, must be submitted
to PHCD through a formal notice immediately upon occurrence throughout the Agreement period.
If the Awardee fails to submit the required insurance documents in the manner prescribed in these
requirements within sixty(60) calendar days after the Board of County Commissioners' approval,
the Awardee shall be in default of the terms and conditions of the Agreement.
C. Certificate of Continuity
The Awardee shall be responsible for ensuring that the insurance certificates required in
conjunction with this subsection remain in force for the duration of the Agreement period, including
any and all option years, if applicable. in the case of construction and major rehabilitation
activities, the Awardee must have the coverage cited in Attachment 3 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 8-2). 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
Page 3 of 38
FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE
EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL
OBJECTIVE. The County shall have all rights and remedies in law and equity to seek.repayment
of funds loaned to Awardee pursuant to this Agreement.
F. Documents and Reporting Requirements
The Awardee shall submit documents to PHCD or report on relevant information to PHCD as
described below or provide any other documents in whatever form, manner, or frequency as
prescribed by PHCD. These will be used for monitoring progress, performance, and compliance
with this Agreement and for compliance with applicable County and Federal requirements.
1. Certificates of Insurance
The original to be received by PHCD within the first month of this Agreement period, and
submitted with each payment request, including any renewals, prior to payments made by
the County. The effective date of the coverage must coincide with the beginning date of
this agreement.Please refer to Attachment 3,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 PHCD, 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 PHCD 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 Slack, 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 taw,ordinance or administrative order.
The Awardee shall submit to PHCD a cumulative account of its activities under
this agreement by completing the following portions of the Progress Report
Form:
Section l-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.
Section II-Fiscal Information:
Page 4 of 38
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 PHCD the number of business activities
involving minority vendors, including subcontractors performing work under this
Agreement. The "Contract and Subcontract Activity Report" Section in
Attachment C, and when applicable Section 3 in the same Attachment shall be
completed semiannually by the Awardee and submitted to PHCD no later than
10 days after the first and the third quarter ends.
Section IV-Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third Quarter
Progress Report) -The Awardee shall report to PHCD the number of target and
service area residents who have received employment opportunities from
federally financed and assisted projects and activities.
The Neighborhood Employment Opportunities Report shall be submitted using
the Progress Report Form attached hereto as a Section in Attachment C, as it
may be revised.This section of the form shall be completed semiannually by the
Awardee and submitted to PHCD no later than 10 days after the first and 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 PHCD no
later than the tenth (10th) day of each month and shall address the progress
undertaken by the Awardee during the previous month. This Progress Report
shall not be required if the Awardee is submitting the Progress Reports required
by Section II, Paragraph F.2.a and Paragraph F.3.
3. Annual Report (Fourth Quarter Progress Report)-The Awardee shall submit a cumulative
status report (hereinafter referred to as "Annual Report") using the "Progress Report"
specified in Section H, 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, 2012 through December 31, 2013 and shall be received by PHCD 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
Conditions Statement will be prepared. The Environmental Review is to be prepared on
information contained in Attachment D,"Information for Environmental Review Form."
Page 5 of 38
Notwithstanding any provision of this Agreement, the parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or
site approval,and that such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and receipt by the County of a
release of funds from the U.S. Department of Housing and Urban Development
under 24 CFR Part 58.The parties further agree that the provision of any funds to
the project is conditioned on the County's determination to proceed with,modify or
cancel the project based on the results of a subsequent environmental review.
5. Audit Report-The Awardee shall submit to PHCD an annual audit report in triplicate as
required by Section II, Paragraph L of this Agreement, as set forth below. The Awardee
shall submit a written statement from its auditing firm to confirm that it has cleared any
non-compliance issues stated in the audit, and a written statement from the Auditor that
the audit complies with all applicable provisions of 24 CFR 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 PHCD within 30 days of the execution of this Agreement.
7. Inventory Report - The Awardee shall report annually all nonexpendable personal and
real property purchased with CDBG funds from this and previous agreements with the
County as specified in Section II,Paragraph W of this Agreement.
8. Affirmative Action Plan - The Awardee shall report to PHCD information relative to the
equality of employment opportunities whenever so requested by PHCD.
9. Disclosure of Related or Affiliated Parties
At the time of contract execution, or at any other time at the request of the County,
Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated
Parties shalt mean persons, corporations, partnerships, or other business entities (a)
which have a direct or indirect ownership interest in Awardee, (b)which have a parent or
principal thereof which has a direct or indirect ownership interest in Awardee, (c)whose
members appointed by Awardee, or (d)which the County deems in its sole discretion to
be a Related or Affiliated Party of Awardee. The Awardee shall report this information to
the County upon forming the relationship or, if already formed, shall report it immediately.
Any supplemental information shall be reported quarterly in the required Progress Report.
This provision shall be construed broadly to the benefit of the County. Non-compliance
with these requirements will be considered a default, which may result in the immediate
termination of the agreement, the recovery of the entire funding award, and the
disqualification of funding through PHCD for a period of three years.
10. Reporting on Financial Status, Bankruptcy,Real Property,or Personal Property
Awardee shall notify the County in writing within ten (10)days of the occurrence of any of
the following as to Awardee or any Related or Affiliated Parties:
a. Any anticipated or pending lis pendens,foreclosure action, arrearage,default,
late payment regarding any property of Awardee or Related or Affiliated Parties, including
properties not related to this Agreement. Awardee shall also provide the County with a
copy of all court filings, notices of default, arrearage or late payment, or any other
documents relevant to the disclosures required herein.
b.Any legal encumbrance on the Property not permitted in writing by the County.
c. Any default or arrearage on any loan, Note or other debt or obligation for
which the Property is security.
d. Any anticipated or pending bankruptcy, restructuring, dissolution,
reorganization,appointment of a trustee or receiver.
Page 6 of 38
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 PHCD if any funds other than federal appropriated funds
have been paid or will be paid to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this federal
Agreement, grant, loan, or cooperative Agreement,on a Standard Form-LLL, "Disclosure
Form to Report Lobbying,"in accordance with its instructions.
3. The Awardee shall ensure that the language in this Section II,Paragraph G.1.and G.2 be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and Agreements under grants, loans, and cooperative Agreements) and to
ensure that all subrecipients shall certify and disclose accordingly in connection with this
activity.
H. Federal,State,and County Laws and Regulations
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 PHCD'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.
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
Page 7 of 38
discrimination on the basis of age;Title VIII of the Civil Rights Act of 1968, as amended,
and Executive Order 11063 which prohibits discrimination in housing on the basis of race,
color, religion, sex, or national origin;Executive Order 11246,as amended which requires
equal employment opportunity; and with the Energy Policy, amended and Conservation
Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy
efficiency.
The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A-
60 et seq. of the Miami-Dade County Code, which requires an employer, who in the
regular course of business has fifty (50) or more employees working in Miami-Dade
County for each working day during each of twenty(20) or more calendar work weeks to
provide domestic violence leave to its employees. Failure to comply with this local law
may be grounds for voiding or terminating this Agreement or for commencement of
debarment proceedings against the Awardee.
3. If the amount payable to the Awardee pursuant to the terms of this Agreement is in
excess of$100,000, the Awardee shall comply with all applicable standards, orders, or
regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857
h), as amended;the Federal Water Pollution Control Act(33 U.S.C. 1251), as amended;
Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency •
regulations(40 CFR Part 15);and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act-The Awardee shall
report its compliance with Section 504 of the Rehabilitation Act whenever so requested by
PHCD.
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
Regulatory Economic Resources, f/k/a Sustainability, Planning and Economic
Enhancement Department. Said firms must also submit, as a part of their proposals/bids
to be filed with the Clerk of the Board,an appropriately completed and signed Affirmative
Action Plan/Procurement Policy Affidavit. Firms whose Boards of Directors are
representative of the population make-up of the nation are exempt from this requirement
and must submit, in writing, a detailed listing of their Boards of Directors, showing the
race or ethnicity of each board member,to the County's Regulatory Economic Resources,
f/k/a Sustainability, Planning and Economic Enhancement Department. Firms claiming
exemption must submit, as a part of their proposals/bids to be filed with the Clerk of the
Board, an appropriately completed and signed Exemption Affidavit in accordance with
Ordinance 98-30. These submittals shall be subject to periodic reviews to assure that the
entities do not discriminate in their employment and procurement practices against
minorities and women-owned businesses.
It will be the responsibility of each firm to provide verification of their gross annual
revenues to determine the requirement for compliance with the Ordinance. Those firms
that do not exceed $5 million annual gross revenues must clearly state so in their
bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the Miami-Dade County Mayor for
award by the Board of County Commissioners.
7. Domestic Violence Leave Affidavit- Prior to entering into any contract with the County, a
firm desiring to do business with the County shall, as a condition of award,certify that it is
in compliance with the Domestic Leave Ordinance, 99-5 and Section 11A-60 of the
Miami-Dade County Code. This Ordinance applies to employers that have, in the regular
Page 8 of 38
•
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 rCode") 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:
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
Page 9 of 38
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;
To benefit low-and moderate-income persons;
1. For activities designed to meet the national objective of benefit to low-and
Page 10 of 38
moderate-income persons, the Awardee shall ensure and maintain
documentation, acceptable to PHCD in its sole discretion, that conclusively
demonstrates that each activity assisted in whole or in part with CDBG funds is
an activity 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, rehabilitalon,
demolition or conversion for a CDBG assisted project.The Awardee also agrees
to comply with applicable County ordinances, resolutions and policies
concerning the displacement of persons from their residences.
4. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Awardee shall obtain,
immediately after a site is identified by the Awardee, PHCD's written
environmental clearance statement and shall agree in writing to comply with any
and all requirements as may be set forth in the Site Environmental Clearance
Statement.
5. The Awardee shall cooperate with PHCD in informing the appropriate CDBG
citizen participation structures, including the appropriate area committees, of the
activities of the Awardee in adhering to the provisions of this Agreement.
Representatives of the Awardee shall attend meetings of the appropriate
committees and citizen participation structures, upon the request of the citizen
participation officers,PHCD,or the County.
6. The Awardee shall make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with PHCD in
informing the appropriate CDBG citizen participation structures, including the
appropriate area committees,of the activities of the Awardee in adhering to the
provisions of this Agreement. Representatives of the Awardee shall attend
meetings of the appropriate committees and citizen participation structures,
upon the request of the citizen participation officers, PHCD, or the County.
7. For activities involving acquisition, rehabilitation and/or demolition of property
and which require the relocation of families, individuals, businesses and/or
industries, the Awardee shall submit a written notification to the Community
Planning and Outreach Division of PHCD prior to relocating, evacuating, and/or
dispersing any and all legal occupants who reside at this property on the basis of
a long or short term lease. When the legality of an occupant(individual, family,
business, and/or industry) is in question, the Awardee shall contact the above
mentioned unit prior to making a determination. Awardees receiving CDBG
funds shall adhere to 24 CFR part 50 and/or part 58 and to the rules and
regulations of the Uniform Relocation Assistance and Real Property Acquisition
Act of 1970, as amended.The Awardee shall adopt Affirmative Marketing
Procedures and requirements for CDBG assisted projects. These procedures
must consist of actions to provide information and attract eligible persons from
all racial,ethnic and gender groups to the available services. The Awardee shall
Page 11 of 38
annually assess its affirmative marketing program to determine if the procedures
used to comply with the requirements specified in Public Law 88-352 and Public
Law 90-284 successfully meet these requirements. The Awardee shall submit to
PHCD its Affirmative Marketing Plan no later than 60 days from the date this
Agreement is executed.
8. For Housing, Rehabilitation,and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding their compliance with the national objective, and PHCD
will have the right to monitor the activity.
9. 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
limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be
modified to be consistent with the law or regulation or to be deleted if modification is impossible.
However,the obligations under this Agreement,as modified, shall continue and all other provisions
of this Agreement shall remain in full force and effect. The County's determination on whether a
provision conflicts shall be final and binding.
J_ Board of Directors
If the Awardee is a Community Development Corporation (CDC), PHCD shall have the option to
appoint a representative to the Awardee's board of directors. This representative shall not be
considered in the counting of a quorum and shall have no voting privileges.
K. Construction
if the Awardee engages in, procures,or makes loans for construction work, the Awardee shall:
1. Contact the PHCD representative noted in Section IV, Paragraph M of this Agreement,
prior to taking any action,to schedule a meeting to receive compliance information.
2. Comply with the Awardee's procurement and pre-award requirements and procedures
which, at a minimum,shall adhere to all applicable federal standards.
3. Comply with the Davis-Bacon Act; Copeland Anti-Kick Back Act; 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 PHCD for written approval all proposed Solicitation Notices, Invitations for Bids,
and Requests for Proposals prior to publication.
5. Submit to PHCD all construction plans and specifications and receive PHCD's approval
prior to implementation.
6. Contact the PHCD representative noted in Section IV, Paragraph M, prior to scheduling a
pre-construction conference. In accordance with industry standards, PHCD will hold ten
percent (10%) of the total grant award as a retainer until the construction work is
determined by PHCD, in its sole discretion, to be seventy-five percent (75%)
completed, At the time that the construction work is determined by PHCD to be
seventy-five percent complete, the retainer will be reduced to 5% until the work is
completed,Completion shall occur when a Certificate of Occupancy is issued.
7. The. County shall have the right to assign the Professional Staff and provide Technical
Assistance from the Public Housing and Community Development to assist the project if
Page 12 of 38
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 PHCD no later than six months following
the end of the Awardee's fiscal year.
4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A-
133 do not apply the Awardee may choose to have an audit performed either on the
basis of the Awardee's fiscal year or on the basis of the period during which PHCD-
federal assistance has been received. In either case,each audit shall cover a time period
of not more than twelve (12) months and an audit shall be submitted covering each
assisted period until all the assistance received from this Agreement has been reported
on. Each audit shall adhere to all other audit standards of OMB A-133, as these may be
limited to cover only those services undertaken pursuant to the terms of this Agreement.
A copy of the audit report in triplicate must be received by PHCD no later than six months
following each audit period.
Page 13 of 38
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 PHCD approved subcontracts used to engage
subcontractors to carry out any eligible substantive programmatic services, as such
services are described in this Agreement and defined by PHCD, each of the record-
keeping and audit requirements detailed in this Agreement. PHCD shall, in its sole
discretion, determine when services are eligible substantive programmatic services and
subject to the audit and record-keeping requirements described above.
9. The County reserves the right to require the Awardee to submit to an audit by Audit and
Management Services or other auditor of the County's choosing at the Awardee's
expense. The Awardee shall provide access to all of its records, which relate directly or
indirectly to this Agreement at its place of business during regular business hours. The
Awardee shall retain all records pertaining to this Agreement and upon request make
them available to the County for four years following expiration of the Agreement. The
Awardee agrees to provide such assistance as may be necessary to facilitate the review
or audit by the County to ensure compliance with applicable accounting and financial
standards.
10. The Awardee shall ensure that its auditors share their audit results with and must submit
the audit report to PHCD within six months after the conclusion of the audit period.
11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the
Commission Auditor to all financial and performance related records, property, and
equipment purchased in whole or in part with 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 PHCD'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 PHCD'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 PHCD,fully,completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person authorized by the
County full access to and the right to examine any of the Agreement records during the
required Retention Period.
4. The Awardee shall notify PHCD in writing, both during the pendency of this Agreement
and after its expiration as part of the final closeout procedure, of the address where all
Agreement records will be retained.
5. The Awardee shall obtain written approval of PHCD prior to disposing of any Agreement
records within one year after expiration of the Retention Period.
0. Provision of Records and Proprietary Rights and Information
1. The Awardee shall provide to PHCD, upon request, all Agreement records. These
records shall become the property of PHCD without restriction, reservation,or limitation
of their use. PHCD shall have unlimited rights to all books,articles,or other copyrightable
materials developed for the purpose of this Agreement. These unlimited rights shall
include the rights to royalty-fees; nonexclusive, and irrevocable license to reproduce,
publish, or otherwise use, and to authorize others to use, the information for public
purposes.
2. If the Awardee receives funds from, or is under regulatory control of, other governmental
agencies,and those agencies issue monitoring reports, regulatory examinations, or other
similar reports, the Awardee shall provide a copy of each report and any follow-up
communications and reports to PHCD immediately upon such issuance unless such
disclosure is a violation of the rules or policies of the regulatory agencies issuing the
reports.
3. Proprietary Information
As a political subdivision of the State of Florida, Miami-Dade County is subject to the
stipulations of Florida's Public Records Law.
The Awardee acknowledges that all computer software in the County's possession may
constitute or contain information or materials which the County has agreed to protect as
proprietary information from disclosure or unauthorized use and may also constitute or
contain information or materials which the County has developed at its own expense,the
disclosure of which could harm the County's proprietary interest therein.
During the term of the Agreement, the Awardee will not use directly or indirectly for itself
or for others, or publish or disclose to any third party, or remove from the County's
property, any computer programs, data compilations, or other software which the County
has developed, has used or is using, is holding for use, or which are otherwise in the
possession of the County (hereinafter "Computer Software"). All 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(114) 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 (114) 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(114) of one percent in any exempted contract at the time of
award.
Awardee consents to the powers of the Inspector General. The Miami-Dade County Inspector
General is authorized and empowered to review past, present and proposed County contracts,
transactions,accounts,records and programs. In addition,the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and monitor existing
projects and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in compliance with plans,
specifications and applicable law.
Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG
retained by the Inspector General, the Awardee shall make all requested records and documents
available to the Inspector General or IPSIG for inspection and copying. The Inspector General and
IPSIG shall have the right to inspect and copy all documents and records in the Awardee's
possession,custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to
performance of the Agreement, including, but not,limited to original estimate files, worksheets,
proposals and Agreements from and with successful and unsuccessful subcontractors and
suppliers, all project-related correspondence, memoranda, instructions, financial documents,
construction documents, proposal and Agreement documents, back-charge documents, all
documents and records which involve cash, trade or volume discounts, insurance proceeds,
rebates, or dividends received, payroll and personnel records, and supporting documentation for
the aforesaid documents and records.
Independent Private Sector Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the Awardee is aware that the County
has the right to retain the services of an Independent Private Sector Inspector General(hereinafter
"IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the
County, the Awardee shall make available to the IPSIG retained by the County, all requested
records and documentation pertaining to this Agreement for inspection and reproduction. The
County shall be responsible for the payment of these IPSIG services, and under no circumstance
shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any
charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee,
its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision
shall impair any independent right of the County to conduct an audit or investigate the operations,
activities and performance of the Awardee in connection with this Agreement. The terms of this
Article shall not impose any liability on the County by the Awardee or any third party.
Commission Auditor Access to Records
Pursuant to Ordinance No. 03-2, Awardee shall grant access to the Commission Auditor to all
financial and performance related records, property, and equipment purchased in whole or in part
with government funds, including funds awarded tp Awardee pursuant to this Agreement.
Page 18 of 38
Q. Prior Approval
The Awardee shall obtain written approval from PHCD prior to undertaking any of the following:
1. The engagement or execution of any subcontract(s)or Agreement assignments, wherein
CDBG funds will be used to pay for goods or services. The Awardee must submit all
proposed agreement documents to PHCD at least thirty(30)days prior to the start date of
the agreement. PHCD shall have no obligation to approve payment of any expenditure
(resulting from an agreement or subcontract)which was incurred prior to the approval by
PHCD of such agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions for existing staff.
4. The purchase of all nonexpendable personal property not specifically listed in the
approved budget.
5. The disposition of all real,expendable personal, and nonexpendable personal property as
defined in Section II,Paragraph W.1.of this Agreement.
6. Out-of-town travel not specifically listed in the approved budget.
7. The 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 PHCD and other persons duly authorized by PHCD to inspect all
Agreement records,facilities, equipment, materials, and services of the Awardee which are in any
way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to
interview any clients, employees, subcontractors, or assignees of the Awardee. Following such
inspection or interviews,PHCD will deliver to the Awardee a report of its findings,and the Awardee
will rectify all deficiencies cited by PHCD within the specified period of time set forth in the report,
or provide PHCD with a reasonable justification for not correcting the deficiencies. PHCD will
determine, in its sole and absolute discretion, whether or not the Awardee's justification is
acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by PHCD
in its report.
S. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 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
PHCD immediately upon the Awardee's discovery of such possible conflict. PHCD will then render
an opinion which shall be binding on all parties.
The Awardee shall submit to PHCD, within five business days of execution this Agreement, all
updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board
members,and list of all business associations with the following documents:
> Original Agreement or its subsequent amendments.
> Requests for budget revisions.
> Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of Agreement,which will
result in the immediate termination of the agreement,the recovery of the entire funding award,and
the disqualification of funding through PHCD for 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
Page 20 of 38
above and acquires information which may indicate that there may be an actual or
apparent violation of any of the above,Awardee shall promptly bring such information
to the attention of the County's Project Manager. Awardee shall thereafter cooperate
with the County's review and investigation of such information, and comply with the
instructions Awardee receives from the Project Manager in regard to remedying the
situation.
T. Intentionally Left Blank
U. Publicity,Advertisements and Signage
The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the
Awardee agrees that all events funded by this Agreement shall recognize the County and the
United States Department of Housing and Urban Development(US HUD),as funding sources and
that the Awardee shall ensure that all publicity, public relations, advertisements and signs
recognize the County and US HUD for the support of all contracted activities. This is to include,
but is not limited to, all posted signs, pamphlets,wall plaques, cornerstones, dedications, notices,
flyers, brochures, news releases, media packages, promotions, and stationery. The use of the
official County logo is permissible.The Awardee shall ensure that all media representatives,when
inquiring about the activities funded by this Agreement,are informed that the County and US HUD
are the funding sources. The Awardee shall notify the County of all events and activities involving
the Project ten(10)days prior to the activity or event.
When the Awardee obtain(s)the building permit(s),the CHMD Project Manager at the Department,
must be notified in order to request the project sign from Miami-Dade County Internal Services
Department (ISD). Within thirty (30) days of the erection of the sign,the CHMD Project Manager
will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is
responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall
remain on the premises at least ninety(90)days after the issuance of the Certificate of Occupancy
(CO)or Certificate of Completion(CC).
NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE
SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F.
Payment for furnishing, installing and maintaining the sign shall be under the bid amount for
mobilization.
V. Procurement
The Awardee must take affirmative steps to procure supplies, equipment, construction,or services
to fulfill this Agreement from minority and women's businesses, and to provide these sources the
maximum feasible opportunity to compete for subcontracts to be procured pursuant to this
Agreement. To the maximum extent feasible, these businesses shall be located in or owned by
residents of the Community Development areas designated by PHCD in the CDBG application
approved by the supervising federal agency.
The Awardee shall assure that all subcontracts or third party agreements contain provisions with
stated goals, that low-income residents from Community Development Target and Service Areas
be provided with opportunities for employment and training in contracted activities.
In conformance with Section 3 of the Housing and Community Development Act of 1968, the
Awardee must direct federal financing assistance towards Target Area residents and ensure that
employment and economic opportunities be given to low and very low-income persons,particularly
those who are recipients of government assistance for housing according to the guidelines
mentioned below:
1. The work to be performed under this Agreement is subject to the requirements of Section
3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 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.
Page 21 of 36
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.G.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
Page 22 of 38
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 PHCD in whole or in part with CDBG funds received from PHCD in
excess of$25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives until five
(5) years after the expiration or termination of this Agreement, or for
such longer period of time as determined by PHCD in its sole and
absolute discretion;or
• 2) Not used to meet one of the three(3)CDBG National Objectives. In the
event the property is not used to meet one of the national objectives for
five (5) years following the expiration or termination of this Agreement
or such longer period as determined by PHCD, the Awardee shall, in
the sole discretion of PHCD, either pay to PHCD an amount equal to
the market value of the property as may be determined by PHCD in its
sole and absolute discretion, less any proportionate portion of the value
attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property or transfer the property to PHCD at no
cost to PHCD. Reimbursement is not required after the period of time
specified in Paragraph W.2.a.1., above.
b. Any real property under the Awardee's control that was acquired or improved in
whole or in part with CDBG funds from PHCD for $25,000 or less shall be
disposed of, at the expiration or termination of this Agreement, in accordance
with instructions from PHCD.
c. All real property purchased or improved in whole or in part with funds from this
and previous Agreements with PHCD, or transferred to the Awardee after being
purchased in whole or in part with funds from PHCD, shall be listed in the
property records of the Awardee and shall include a legal description; size; date
Page 23 of 38
of acquisition; value at time of acquisition; present market value; present
condition; address or location; owner's name if different from the Awardee;
information on the transfer or disposition of the property; and map indicating
whether property is in parcels,lots, or blocks and showing adjacent streets and
roads. The property records shall describe the programmatic purpose for which
the property was acquired and identify the CDBG national objective that will be
met. If the property was improved, the records shall describe the programmatic
purpose for which the improvements were made and identify the CDBG national
objective that will be met.
d. For awards involving the purchase or improvement of real property,the Awardee
agrees to execute a mortgage, loan document, or restrictive covenant for the
CDBG award with PHCD within 180 days after the execution of this agreement.
Failure to comply with this requirement may result in the retraction of the CDBG
award for the project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an inventory
report shall be submitted to PHCD. This report shall include the elements listed
in Paragraph W.2.c.,above.
Nothing in this section shall be construed to limit the County's right to collect from
Awardee the entire amount of CDBG funds awarded pursuant to this Agreement in the
event Awardee fails to meet a national objective.
3. Inventory-Capital Equipment and Real Property
All capital items acquired for the project by the Awardee with funds allocated in this
Agreement shall be assets of the Awardee and may be secured by a mortgage delivered
to the County. A capital item shall be defined as an item that: (1)has a service life in
excess of one year, (2)is either complete within itself or is a major component of another
item of property; (3)by definition cannot be described either as supplies or materials;
(4)will not be consumed or lose its identity; and (5)has a unit cost of $500 or more.
Awardee shall notify the County immediately upon acquiring any capital items with funds
allocated in this Agreement
The County shall allow the Awardee to retain possession of capital equipment after
expiration of this Agreement as long as the Awardee continues to provide the service
described in the Scope of Services(Attachment A). If the Awardee disbands, becomes
defunct or in any way ceases to exist or if the Awardee ceases to provide the service
described in the Scope of Services or another service of value, Awardee shall notify the
County immediately and provide instructions describing how the County may take
possession of the capital equipment. Awardee shall deliver to the County all documents
of title or ownership and shall transfer or assign such ownership rights to the County.
Foreclosure of the County mortgage or enforcement of other documents shall not be
required in order for the County to claim and take possession of capital equipment.
4. The Awardee shall comply with the nonexpendable personal property requirements as
stated below:
a. All nonexpendable personal property purchased or improved in whole or in part
with funds from this and previous Agreements with PHCD shall be listed in the
property records of the Awardee and shall include a description of the property;
location; model number; manufacturer's serial number; date of acquisition;
funding source; unit cost at the time of acquisition; present market value;
property inventory number; information on its condition; and information on
transfer, replacement, or disposition of the property.
b. All nonexpendable,personal property purchased or improved in whole or in part
with funds from this and previous Agreements with PHCD shall be inventoried
annually by the Awardee and an inventory report shall be submitted to PHCD.
The inventory report shall include the elements listed in Paragraph W.3.a.,
above.
Page 24 of 38
c. Title(ownership) to all nonexpendable personal property purchased in whole or
in part with funds given to the Awardee pursuant to the terms of this Agreement
shall vest in the County and PHCD.
5. The Awardee shall obtain prior written approval from PHCD for the disposition of real
property, expendable personal property, and nonexpendable personal property
purchased or improved in whole or in part with funds given to the Awardee or
subcontractor pursuant to the terms of this Agreement.The Awardee shall dispose of all
such property in accordance with instructions from PHCD.Those instructions may require
the return of all such property to PHCD.
X. Program Income
1. Program Income as defined in 24 CFR 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 PHCD'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 PHCD all cumulative Program Income generated
from activities financed in whole or in part by funds from this Agreement, for as
long as it receives and/or has control over Program Income generated from this
and any previous Agreements with PHCD. The Awarded must submit the
information for the generated Program Income to PHCD 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
PHCD a written explanation of the activities to be assisted with Program Income
and shall obtain PHCD's written approval prior to implementing those activities.
All provisions of this Agreement shall apply to any activity performed using
Program Income.
d. Should Awardee be granted permission to use Program Income,Awardee's use
of Program Income shall be subject to the limitations set forth in this Agreement
and as set forth in the CDBG regulations,24 CFR Part 570 et.seq.
e. Should Awardee be granted permission to use Program Income from a revolving
loan activity. Program Income must be used only for the same revolving loan
activity.
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. Should Awardee be granted permission to use Program Income, all Program
Income from nonrevolving loan activities shall be substantially disbursed to carry
out other PHCD-approved CDBG eligible activities, and to cover operational
costs before requesting additional CDBG funds.
Page 25 of 38
h. Any proceeds from the sale of property as detailed in Section II, Paragraph
W.4., above,shall be considered Program Income.
The Awardee shall obtain, as part of the required audit report, validation by a
certified auditor of all Program Income and its disposition.
3. Upon expiration or termination of this Agreement or at the end of any program year, the
Awardee shall transfer to the County any Program Income funds on hand, and any
Program Income accounts receivable to any CDBG funded activities. PHCD may require
remittance of all or part of any Program Income balances(including investments thereof)
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. PHCD, in its sole and absolute discretion, reserves the right to pursue other courses of
action in the retention and use of Program Income generated by the Awardee, and such
action shall not require an amendment to this Agreement.
Y. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel expenses
shall conform to the requirements of PHCD's Policies and Procedures Manual.
Z. Subcontracts and Assignments
1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any
portion of the work without the prior written consent of the County. Subcontracting without
the prior consent of the County may result in termination of the Agreement for breach.
When Subcontracting is allowed, the Awardee shall comply with County Resolution No.
1634-93, Section 10-34 of the County Code and Section 2-8.8 of the County Code.
The Awardee shall ensure that all subcontracts and assignments:
a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's
debarred, suspended, or ineligible contractors list; Awardee shall use, at a
minimum, US HUD's Excluded Parties List System to confirm clearance of
contractors. The system may be accessed at https:Nwww.epls.govl Awardee
shall provide to PHCD a copy of the site page that indicates the name and the
date it was checked. Awardee shall further ensure that no contractor,
subcontractor, or assignee is listed on Miami-Dade County's debarred
Contractor's List; Awardee shall, at a minimum, check at
http://www.miiamidade.govlsba/reports-debarment.asp to determine if a
person or entity is on Miami-Dade County's debarred contractor's list. Awardee
shall provide PHCD with a printout copy of the site page that indicates the name
and the date it was checked.
b. Comply with all CDBG requirements, as applicable, as well as the regulations
specified in PHCD's Policies and Procedures Manual.
c. Identify the full, correct, and legal name of the party.
d. Describe the activities to be performed.
e. Present a complete and accurate breakdown of its price component.
f. Incorporate a provision requiring compliance with all applicable regulatory and
other requirements of this Agreement and with any conditions of approval
that the County or PHCD deem necessary.
This applies only to subcontracts and assignments in which parties are engaged
to carry out any eligible substantive programmatic service, as may be defined by
PHCD, set forth in this Agreement. PHCD shall in its sole discretion determine
Page 26 of 38
when services are eligible substantive programmatic services and subject to the
audit and record-keeping requirements described above,and;
Result from an open competitive bid process generating a minimum of three
bids. Such competitive process shall be described in writing, approved by the
Board of Directors and a copy of which submitted to PHCD. In such
circumstances that open, competitive bids are not feasible or that a minimum of
three bids are unobtainable, permission to use other methods of award must be
requested in writing and approved by PHCD prior to the assignment or award of
subcontract. The Awardee agrees that no assignment or sub-contract will be
made or let in connection with the Agreement without the prior written approval
of PHCD, which approval shall not be unreasonably withheld, and that all such
sub-contractors or assignees shall be governed by the terms and intent of this
Agreement.
g. Incorporate the language of Attachment E, "Certification Regarding Lobbying."
h. Include language stating that the Subcontractor understands and agrees that the
County is not a party to the subcontract and has no obligation to the
subcontractor.
The Awardee shall maintain, and shall require that its subcontractors and
suppliers maintain, complete and accurate records to substantiate compliance
with the requirements set forth in the Scope of Services. The Awardee and its
subcontractors and suppliers,shall retain such records, and all other documents
relevant to the Services furnished under this Agreement for a period of three (3)
years from the expiration date of this Agreement and any extension thereof.
2. The Awardee shall incorporate in all consultant subcontracts this additional provision:
The Awardee is not responsible for any insurance or other fringe benefits, e.g., social
security, income tax 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 PHCD written prior approval for any subcontract
engaging any party who agrees to carry out any substantive programmatic activities as
may be determined by PHCD as described in this Agreement. PHCD's approval shall be
obtained prior to the release of any funds to the subcontractor.
5. The.Awardee shall receive written approval from PHCD prior to either assigning or
transferring any obligations or responsibility set forth in this Agreement or the right to
receive benefits or payments resulting from this Agreement.
6. Approval by PHCD of any subcontract or assignment shall not under any circumstance be
deemed to provide for the incurrence of any obligation by PHCD in excess of the total
dollar amount agreed upon in this Agreement.
7. If the subcontract involves $100,000 or more to provide services listed in the Scope of
Services or suppliers to supply the materials,the Awardee shall provide the names of the
subcontractors and suppliers to PHCD(Attachment H).
8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from
the list(Attachment H)without prior written approval from PHCD.
Page 27 of 38
9. The Awardee shall not hire any of the Awardee's staff members or employees as
subcontractors.
AA. Additional Funding
The Awardee shall notify PHCD of any additional funding received for any activity described in this
Agreement. Such notification shall be in writing and received by PHCD within thirty(30)days of the
Awardee's notification by the funding source.
BB. Method of Payment
The Awardee shall be paid as described below:
1. The Awardee shall be paid for those expenses allowed pursuant to the provisions
provided below only when the Awardee submits to PHCD adequate proof, as determined
by PHCD in its sole discretion,that the Awardee has incurred the expenditures. It shall be
presumed that the Awardee has provided adequate proof of having incurred expenses if
the Awardee submits to PHCD canceled checks or original invoices approved by the
Awardee's authorized representative.When original documents cannot be presented,the
Awardee must adequately justify their absence in writing and furnish copies of those
documents to PHCD. The Awardee shall be paid only for those expenditures contained
within Attachment B, "Budget," to this Agreement as it may be revised with the prior
written approval by PHCD.
2. Requests for payment (reimbursement) shall be assembled by calendar month and
submitted to PHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to PHCD,along with all original invoices, copies of front and
back of cancelled 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 PHCD of all reports and documents which the Awardee is required to
submit to PHCD pursuant to the terms of this Agreement or any amendments thereto.
5. All payments will be limited to the quarterly payment schedule that accompanies the
action step chart in the scope of services. Payment is contingent on the achievement by
the Awardee of the quarterly accomplishment levels identified in the scope of services
portion of this agreement — Attachment A, which shall be submitted with all payment
requests and shall clearly identify the completed level of accomplishments met.This shall
also apply to soft costs associated with project delivery.
6. No payment(s) will be made without evidence of appropriate insurance required by this
Agreement. Such evidence must be on file with PHCD and the County's Internal Services
Department. PHCD must receive the final request for payment from the Awardee no
more than thirty(30)calendar days after the expiration or termination of this Agreement If
the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to
payment(s) if PHCD, in its sole discretion, so chooses.
7. All monies paid to the Awardee which have not been used to retire outstanding
obligations of this Agreement must be refunded to PHCD in accordance with PHCD's
Policies and Procedures Manual.
8. Any unexpended funds remaining after the completion of the services under this
Agreement, or after termination of this Agreement, shall be recaptured in full by the
County.
9. In the event the County determines that the Awardee has breached the terms of this
agreement and that the County is entitled to return of any or all of the funds awarded
Page 28 of 38
under this Agreement, Awardee agrees to and shall assign any proceeds to the County
from any Agreement between the County, its agencies or instrumentalities and the
Awardee or any firm,corporation, partnership or joint venture in which the Awardee has a
controlling financial interest in order to secure repayment of this award. "Controlling
financial interest"shall mean ownership, directly or indirectly to ten percent or more of the
outstanding capital stock in any corporation or a direct or indirect interest of ten percent or
more in a firm,partnership or other business entity.
CC. Reversion of Assets
The Awardee shall return to PHCD,upon the expiration or termination of this Agreement, all assets
owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG
funds on hand, any accounts receivable, any overpayments due to unearned funds or costs
disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the
County, other than reasonable operating and deficit reserves established by Awardee and which
are connected with the real property. In the case of activities involving real property, such
reserves shall not be distributed to any partner or subcontractor prior to repayment to PHCD of the
CDBG Loan.The Awardee shall at the request of the County execute any and all documents,
including but not limited to, mortgages securing the property, UCC financing statements,
and restrictive covenants,as required by the County to effectuate the reversion of assets.
DD. Restriction on the Use of Funds
The funds received pursuant this Agreement shall be used for the purposes set forth herein and
shall not be used to supplant other funds. In no event shall funds received pursuant to this
Agreement be used for:
1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain
legal counsel for any action or proceeding against the County or any of its agents,
instrumentalities, employees or officials. The Awardee shall not utilize County funds to
provide legal representation, advice or counsel to any client in any action or proceeding
against the County or any of its agents,instrumentalities, employees or officials.
2. Religious Purposes. County funds shall not be used for religious purposes.
3. Commingling Funds. The Awardee shall not commingle funds provided under this
Agreement with funds received from any other funding sources, but may be included in a
Development Bank Account permitted by the first mortgage lender at the discretion of the
County.
Ill. 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$100,000.
IV. THE AWARDEE AND PHCD AGREE:
A. Effective Date
1. This Agreement shall begin on May 1, 2012. 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, 2013. Any costs incurred by the Awardee
beyond this date will not be reimbursed by the County. The term of this agreement and
the provisions herein may be extended by the County to cover any additonal time period
during which the Awardee remains in control of the CDBG funds or other assests,
including Program Income to support CDBG eligible activites. Any extension made
pursuant to this paragraph shall be accomplished by a writing by the County to the
Awardee. Such notice shall automatically become a part of this Agreement.
Page 29 of 38
3. This Agreement may, at the sole and absolute discretion of the County and PHCD,
remain in effect during any period that the Awardee has control over Agreement funds,
including Program Income. However,the County shall have no obligation or responsibility
to make any payment, except those described within Section II, Paragraph Y, or provide
any type of assistance or support to the Awardee if this Agreement has expired or been
terminated.
4. Management Evaluation and Performance Review
The Department may conduct a formal management evaluation and performance review
of the Awardee, if in the Department's sole discretion it is deemed necessary and
applicable. The management evaluation shall reflect the Awardee's compliance with
generally accepted fiscal and organizational standards and practices. The performance
review should reflect the quality of service provided and the value received using
monitoring data,such as progress reports, site visits,and client surveys.
B. Default or Breach
1. The Awardee shall be in default or breach of this Agreement if any of the
following acts,omissions or conditions occur:
a. The Awardee fails to fulfill each and every provision of this Agreement and the
Attachments and fails to provide the services outlined in the Scope of Services
(Attachment A)within the effective term of this Agreement.
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.
i. Failure to comply strictly with Section II,W(2)(a)(1)-(2)of this Agreement.
C. Suspension
1. The County may suspend payment in whole or in part under this Contract by providing
written notice to the Awardee of such suspension and specifying the effective date
thereof, at least ten (10) days before the effective date of suspension. If payments are
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 PHCD,
in its sole and absolute discretion,and may include, but is not limited to:
a. Ineffective or improper use of these Agreement funds by the Awardee or any of
its subcontractors;
b. Failure by the Awardee to materially comply with any term or provision of this
Agreement;
c. Failure by the Awardee to submit any documents required by this Agreement;or
d. The Awardee's submittal of incorrect or incomplete reports or other required
documents.
2. In the event of a default by the Awardee, PHCD may at any time suspend the Awardee's
authority to obligate funds, withhold payments or both. These actions may apply to only
part or all of the activities funded by this Agreement.
3. PHCD will notify the Awardee of the type of action to be taken in writing by certified mail,
return receipt requested, or in person with proof of delivery. The notification will include
the reason(s) for such action, the conditions of the action, and the necessary corrective
action(s).
D. Termination
1. Termination at Will
This Agreement, in whole or in part, may be terminated by PHCD upon no less than ten
(10) business days notice when PHCD determines that it would be in the best interest of
PHCD and the County. Said notice shall be delivered by certified mail, return receipt
requested, or in person with proof of delivery. In the event of termination, the County
may: (a)request the return of all finished or unfinished documents,data studies, surveys,
drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the Awardee with County funds under this Agreement; (b) seek reimbursement of
County funds allocated to the Awardee under this Agreement; and/or (c) terminate or
cancel any other Agreements entered into between the County and the Awardee. The
Awardee shall be responsible for all direct and indirect costs associated with such
termination, including attorney's fees.
2. Termination for Convenience
PHCD may terminate this Agreement, in whole part, when both parties agree that the
continuation of the activities would not produce beneficial results commensurate with the
further expenditure of funds. Both parties shall agree upon the termination conditions.
PHCD, at its sole discretion, reserves the right to terminate this Agreement without cause
upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not
incur any additional costs under this Agreement.
3. Termination Because of Lack of Funds
In the event of a funding short-fall, or a reduction in federal appropriations, or should
funds to finance this Agreement become unavailable, PHCD may terminate this
Agreement upon no less than twenty-four (24) hours written notification to the Awardee.
Said notice shall be delivered by certified mail, return receipt requested,or in person with
proof of delivery. PHCD shall be the final authority to determine whether or not funds are
available. PHCD may at its discretion terminate, renegotiate and/or adjust the Agreement
award whichever is in the best interest of the County.
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 PHCD a release from its contractual obligations to the County.
The Director of PHCD will review the effect of the request on the community and the
County prior to making a final determination.
5. Termination for Default or Breach
PHCD may terminate this Agreement upon no less than twenty-four (24) hours written
notification to the Awardee for breach or default.
6. Termination for Failure to Make Sufficient Progress.
PHCD may terminate this Agreement, in whole or in part,when PHCD determines, in its
sole and absolute discretion, that the Awardee is not making sufficient progress thereby
endangering ultimate Agreement performance, or is not materially complying with any
term or provision of this Agreement, PHCD may treat such failure to comply as a
repudiation of this Agreement;
7. Termination for Bankruptcy
The County reserves the right to terminate this Agreement, if, during the term of any
Agreement the Awardee has with the County,the Awardee becomes involved as a debtor
in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or
liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial
portion of the property of the Awardee under federal bankruptcy law or any state
insolvency law.
8. General to Termination and Breach
Unless the Awardee's breach is waived by the County in writing, the County may, by
written notice to the Awardee, terminate this Agreement upon no less than twenty-four
(24) hours notice. Said notice shall be delivered by certified mail, 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 shalt 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 fling an action with a
court of appropriate jurisdiction. The Awardee shall be responsible for all direct and
indirect costs associated with such enforcement,including attorney's fees.
4. Debar the Awardee from future County contracting.
5. Any other remedy available at law or equity.
Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of the Agreement, and
the County may withhold any payments to the Awardee until such time as the exact amount of
damages due the County is determined. The County may also pursue any remedies available at
law or equity to compensate for any damages sustained by the breach. The Awardee shall be
responsible for all direct and indirect costs associated with such action, including attorneys 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.
PHCD 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 PHCD determines, in its sole and absolute discretion,that federal,state,
and/or County revisions of any applicable laws or regulations, or increases or decreases
in budget allocations make changes in this Agreement necessary. PHCD shall be the
final authority in determining whether or not funds for this Agreement are available due to
federal, state and/or County revisions of any applicable laws or regulations, or increases
in budget allocations.
2. The County shall have the right to exercise an option to extend this Agreement 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 Public Housing and Community Development.
3. PHCD may, for good and sufficient cause, as determined by PHCD 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. PHCD's failure to exercise any of its rights under this Agreement, or PHCD'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 PHCD in the exercise of any right shall operate
as a waiver.
G. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply
with PHCD's Policies and Procedures Manual. These revisions shall not require a
Agreement amendment unless the amount of this Agreement is changed or unless
otherwise required by PHCD. All budget revisions shall require the written approval of
PHCD. PHCD 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 PHCD 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, PHCD will revise the budget at its discretion. PHCD 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 PHCD,remain in effect
during any period that the Awardee has control over Agreement funds, including Program Income.
However,the County shall have no obligation or responsibility to make any payment or provide any
type of assistance or support to the Awardee if this Agreement has expired or been terminated.
The Awardee agrees to comply with all applicable State and County laws, rules and regulations,
which are incorporated herein by reference or fully set forth herein.
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement
shall only be valid when they have been reduced to writing, duly approved and signed by both
parties and attached to the original of this Agreement.
This contract may be executed in counterpart copies, and these counterparts shall together
constitute an original of this Agreement.
Disputes
In the event an unresolved dispute exists between the Awardee and PHCD, PHCD shall refer the
questions, including the views of all interested parties and the recommendation of PHCD, to the
Miami-Dade County Mayor for determination. The Miami-Dade County Mayor, or an authorized
representative, will issue a determination within thirty (30) calendar days of receipt and so advise
Page 34 of 38
PHCD and the Awardee,or in the event additional time is necessary, PHCD will notify the Awardee
within the thirty (30) day period that additional time js necessary. The Awardee agrees that the
Miami-Dade County Mayor'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 Miami-Dade County Mayor for bidding and award in accordance with County policies and
procedures.
L. Proceedings
This Agreement shall be construed in accordance with the laws of the State of Florida 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 Street,4th Floor
Opa-Locka,FL 33054
Attn: Kelvin L. Baker Sr., City Manager
COPY TO:
Attn:
TO COUNTY: Miami-Dade County
111 N.W. 1st Street,29th Floor
Miami, Florida 33128
Attn: Russell Benford,Deputy Mayor
COPY TO: Public Housing and Community Development
701 NW 1st Court, 141h Floor
Miami, FL 33136
Attn: Gregg Fortner, Director
COPY TO: Public Housing and Community Development
701 NW 1s1 Court, 14th Floor .
Miami, FL 33136
Attn: Jesus Hernandez, PHCD 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
Page 35 of 38
new address will be rendered in writing to the other party and said notification attached to originals
of this Agreement.
In the event that any of the information required by the provisions of this Article is changed by
either of the Parties after the execution of this Agreement, the affected Party shall give notice in
writing within five (5)days to the other Party of the amended pertinent information.,which shall be
attached and incorporated into this Agreement.
N. Waiver of Trial
Neither the Awardee,subcontractor,nor any other person liable for the responsibilities,obligations,
services and representations herein, nor any assignee,successor, heir or personal representative
of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any
lawsuit, proceeding,counterclaim or any other litigation procedure based upon or arising out of this
Agreement, or the dealings or the relationship between or among such persons or entities, or any
of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate
any such action in which a jury trial has been waived. The provisions of this paragraph have been
fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions.
No party has in any way agreed with or represented to any other party that the provisions of
this paragraph will not be fully enforced in all instances.
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.
S. All Terms and Conditions Included
Page 36 of 38
This Agreement and its attachments as referenced (Attachment A-Scope of Services;Attachment
Al — Action Steps; Attachment B - Budget; Attachment 3 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;
Attachment G — Fair Subcontracting Policies; Attachment 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 2012.
AWARDEE: MIAMI-DADE COUNTY
City of Opa-Locka
BY: BY:
NAME: NAME:
Kelvin L. Baker Sr. Carlos A.Gimenez
TITLE: Mayor
TITLE:
City Manager
• DATE:
BY: ATTEST
NAME BY:
TITLE: TITLE:Clerk, Board of County Commissioners
DATE
Witnesses:
BY:
(Signature)
Type or Print Name
BY:
(Signature)
Type or Print Name
Federal ID Number: 59-6002412
Resolution#: R-361-12
Awardee's Fiscal Year Ending Date:
CORPORATE SEAL:
AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES
Page 38 of 38
ATTACHMENT A
PUBLIC HOUSING AND COMMUNITY DEVELOPMENT MIAMI.
COUNTY
City of Opa-Locke
FY 2012 Scope of Services
May 1,2012—December 31,2012
1. -ACTIVITY TITLE: Lift Station 11B Rehabilitation
IDIS#: N/A
INDEX CODE: N/A
RESOLUTION#: #R-361-12
DUNS#: 831111823
ACTIVITY# 20112003
2. -ACTIVITY DESCRIPTION: Rehabilitation of Lift Station 11B in Opa Locka NRSA
2a—Activity Category: Public Facilities and Improvements
2b.—Objective: Suitable Living Environment
2c.—Outcome: Availability/Accessibility
3. -APPROVED BY BCC: Amount:$100,000 Source:CDBG FY: 2012
Other Funding Source and Amount: - -
4. - TOTAL PROJECT COST:
5. -HUD INFORMATION:
5a.—HUD matrix code: 03J
5b.—HUD Activity Type: LMA. 570.208(a)(1)
5c.—Eligibility 570.201(c)
6. -ACCOMPLISHMENTS:
6a.—Number of Units: 6410
6b.—Type: People
7. -NATIONAL OBJECTIVE:
Total#of
Low/Mod in Service Area:
Census Tract:
Block Group:
8. -ACTIVITY ADDRESS: South side of Opa-Locka Blvd.and West Drive,Opa-Locka,FL 33054
9. -LOCATION:,
NRSA: Opa-locka
District: I,2
10. -LABOR STANDARD applicable
Type of Work:
❑ Building ❑Residential ❑ Highway ❑Heavy
11. Set aside units different from total units
12. INSURANCE REQUIREMENTS: Worker's Compensation Insurance,Commercial General Liability Insurance,
Auto mobility Liability Insurance and Professional Liability Insurance. See
Attachment ---for detailed requirements.
COMMENTS
PROJECT MANAGER: Jesus Hernandez
Planner(Signature)
Supervisor,Resident Services,Community Planning&Outreach(Signature)
ii I i„^ v $i�1 o Fn b
4 ti
Z 'Y, e 1.‘p�
KT
a
3
l cmra',. °°„ c on2 4,9 :"' bg p> o1 -9c 8Wn s - boo c t 8
i a E Ko -i s g o ��yy m A F� t4 -oop�z 5
1z XiOAp ';, yS aT ziiE AS; � p� i �l p � .' ; ya A. -3
N- m m 0 Z 'pi o m a m O h •O m Z Q5 r g
Ng z n ~ Qi �P �m n ov P ma �'�,�'r/. Ill-- m zL <'q alt A m o o� Fr, m 4 ."4-.- .
K -,;1 La t a Z g A S ', O !-1 m 2 �'K Ply 1, 'fi t{.
J 1 o __ N.A rig rr. m Am Stg '�.o mo I. m rig.o fy�m G Z f
V=.8 2g i8 pA m y WIT -T a =r.:LM m 1 �?§ 1- as c z it a.R1 v�.RAI m £ z gz o �.€c m .oE 8 yvi' [�K y
` i
N
.13 Or s y m m ,v ( m m c o r di '.
O 2 -i .-i W G i .d is a 3 -,7,, 0 'N m Z O r 4 O A } N m , m A cf1 ,
..;_c•-•."
a, m 3 Q O 2 '17 -02 '€
ICI a f! A m S r g 2 } 8 =,,Corot l;w.'.
y , n styf-1i,:
�. m 'V V q m s{��r�A y3;
IA
1 A m 4 $ ii.3'• ,, t
5m is Z gA 0. .
,
?5 r G g
fF 7 g A 'ill
k. , - y,
A4 n I4 FO Y'' S 8 0 S 44 ,n4
iL t, ` k5 5 i Y'yt o-, T':
t t tx .? f r . h tat �a+�ox2: n g 5 p
t j tr e, k ( s F - Nr. Set . Az Fkp t O c a p
{r i' At i k N5 f , L /; :f, Y I 1 f m•, ,.." +ihA }44 E 5,ng.r, y, d i'MS- a ,, f •tt 7 y p T
to Mt �� � ` r , t u, �"�� i � �' o S p
'Sf ., ,, r�\, r r Y ,? r i ro Y ;h 'art e 'taty t3-e �:ArY� u it 0,.,
n a m r
z °"' s ((- r }a F �5 eL rc5'� �' t J'�ci� " b » rk °° f
N av Cep+ 13 i y �t 4 h-.r c df •,itt,.'h`
F .:. , ,t. r c r _ 51 r: b M7p.a','+r i.i, 1 o 8 8
1 r1 r ra rat s+ }•_.
., .- 4atc
o c ? Q
k
fs
Y w
3ty�Gh
es
0
E
2 �
C
�++
m">
2 Sam ,,
.�.,'S mt7 Y, 9v:
m c.
? :7 F� :
is. tl 1 S
•
> r yG 4
0
m
N
o ctlx4
pig ,, C i c5ct� • ,C F:
F.�' s� Y 7 E � �.�
'-1: i z i z 4 i �N'}r4
m Y l
Lt� '`
lit.
[ I;
i� r ;.t' ' AC' n3 ° e° . 8 A8 °' 2° mo x8r g4 ° 8 au,00-33 8 oo
,,1: E .ga °_Z, _, Rg l05 8E55_fie _ u-' = 5s-01 =yp_-$, ottry µ, � C%
�b� -N-1 = 1p3 G c m E %I N CZC 2 C c T NBC 1 !'10] C mgr 2•.-i p q Z r li $1 m 1 lii �! 4 c yp a .. rn
;',1;':::::::.,::::,
C A:'P a W S m m Stn {:: W m Lr m m m} P mT W mm m Bm"4f% N f� M ' .N`H iii. C'TA4" 0 k
mCNC Cp' N 8 n ?'1+p mN S� o VIIp pyC O m. l� N
9v OTm bm 2 .71' r'�T 1z mg 8Z Qm E $m �O 'O 22ID 0,"' Aq 4.. , � b`b
C !T
�' s N � N pN 1� �-Iy �Sy r�yAO �pc 0� 222y sy� m y§c8�NO� � K, �38 oSy/ % 1° ° 8--4 eN g mint ZC
-1 r rm x ypq O Ap r N T p [)O .1 T `<r -t .f amt,„ NNz g..
:< T2 ,Z < A 5Z, 2 -+2 < 8 q �y*. 2 ,p2 '�< .8 Wmg. '4�i1 .q r,fi �Q ' 0 '2 n R . o oprts5�1 "' fi `A° mpw ZN 0 .•' t'f n -n i9,,,,'smT, `T, °z a � mN m it-^i 0 > i i ? g pz3Z s; i�:. Cl E> l m{{(''N pz < }Q F-m zs o < Zm `sue ,�,N O� .0 Q`�J 5"),,r,
,x..V' O O HIPJV:m° m vtT2 � - OT�'X'4 my� 2 K�r(2'� �a �tA d,rxT 1-" t . yyn N3 i�trAj1 p �n CA? o mm A`2 O K .�poA.��11 -1 w'A p<O A 32 ? yZ2Nyy 1 >f . Zz V a g 2 .Vi.. L m a r! t
N r aa.} j: _ppv A ,
tt `"� D ?I D T l D T ..Z1 A !il`r;„,..,..,,,,:41:
1L 0,r } •,:',%.;,;-;:-,7 f� s*i 1 e f. E e ^� zi:1 c p 3 L Ci•V•! G 1 .; ., mm .al Q2 '� s• 5 d. m zi o �{or y $ vc , n A,.
r {, ~p N Ir A pN Z 'ro N Z F N S .,.SJf' S�x'
!�4ir`,;:t--).7!:::: ,],"0,'/.':j. T ° Y O ID ° <1 p O Si 37 t;cia
It ( T 0,i fIy/r1I m 9,3 M 0 9 m o < l .T�,, ,;r
1 1 A F4 N y� N N n 9 5e N_ n 9.I , ( '',-4���,"::
S' -,:',,,.'.::::7'4 mC ,ss �=j.T m _ t m 5 F 4 t i�.yi iiaNI
}A % Y rlr Y A 1 i z D 4 +1 ,t g t
�,�k { n A 1. n m ? \4Fl K.
J 1 - - 5� RI rT �. V ='t 0 } 11rA.p} ti
mZI m g Zm tq' ?L G {. '1 ri
N 1 N jai if
5-�T7aerrr Jw�;�r�.S,t�� J'u�`�¢I 5 ;1 L M .::5 m - .., ;r .'� �,. Yrq mtfeS r) C n
A r;f ?'" � 't?rpi`` YZC�?' rfa,X >n,� 4+�j's�ttiiti,t S ��ACA )Ti Yi }w 0 t xi ({ tyt t t F ° e -
.y(' .T�pa1r -f4y i)1,1' 4 +`'S 1.kr.rr?'F6'A�u` a'`'cv R� 3/4 zxrt o sr�i k( }})�1 tE c- g m N
P1 i o No i afR : t5 'S` 't t U.`
F � .�`'•����� nA+�t� +��°r �� ti'x • �. try'ti){s; t��'T.V"tp'�1rjvu{ t z,, if.r'�' � �°� y�,�w s�° t"���t 3 0 � +°i
t`e.,lt` t g O',74,r","95cl z1,,4 t'c M1iik 0'r X` l ' .`l F t ! Sl ev >e'xk y l :i �t r t 2 4, _�S` 'A Y $ ^' D
7 £,si 21,;x'� �"aa it' 1:;�j '3 -X�.0,y !s+� v Tz, r r< }fi 4 c�� �r ,+7 ! ,rt,,-. )61 ri r� : a
Ly.r! 'Vxt'SL }.xf<" a4y"t`M `1'. " C L -r�- ztst yt� o"i- XNY s }, < �x Nu m
e , +' 4 5(, �:�k i-`yT'3 DIY rlyyCj F-1, fi.44 ->,� i 1 0,i r, +i �4;:�ti d`rl+ io if F4t 4,r.- o° m
„4,,,..l f1 t '.) i t • 1 I.. ? 154 M1 1 V 1 V ? i 1 . j qs
''1�'`ii I 3
1.........r S .. .. rY f x..... ., t FA } f 1., 3.2'.:1.,. si< 1 ). °. =
FP
ry
mT
rT
ill�l
°
s 3
.1 off.
p.
2r
Ei
f.:
Lit
a,�;1s:
i ri: m s c7
'�
t tr. A C 7-v t ..
n lS a
NI
O
T
N
ATTACHMENT B
LIFT STATION 11B REHABILITATION BUDGET FOR CDBG FUNDS
CITY OF OPA-LOCKA
PHCD FY 2012
May 1,2012 to December 31,2013
HOME or CDBG
SUB OBJECT DESCRIPTION AMOUNT OTHER AMOUNT TOTAL AMOUNT
Executive Director $ $ - $
; Project Manager $ - $ $ -
L FICA/MICA $ - $ $ -
Total Personnel $ $ $ -
20 Contractural Services
Construction Manager(Consultant) $ - $ - $ -
Surveying Services $ - $ - $ -
Total Contractural $ - $ - $ -
" i .1j '^ 3a,, �`?'4' "g Y
! r y 3 4';'4 0:, 71(1, ,1xg ,v*. ,4�.a( rim,. ' F "
Electric/Telephone $ - $ _ $
0 a ...--.:',..., sir Water&Sewer Services $ - $ - $ -
Total Operating Expenses $ - $ - $ -
Y 7,ci Y f ,'Crit ,, t a."-- e f�,�.--,,�f a't,,, 11,,- k !1v&+R,i
Office Supplies $ - $ - $ _
Office Equipment $ - $ - $ -
Rent $ - $ - $ -
Total Commodities
90 Capital Outlay
Environmental $ - $ - $ -
Site Preparation $ - $ - $ -
Fence Installation $ _
Prime Contractor-Construction $ 100,000.00 $ 400,000.00 $ 500,000.00
Property Taxes $ - $ - $ -
Building Permits $ - $ - $ _
Architect Fees $ _ $ - $ -
Impact Fees $ - $ - $ -
Total Capital Outlay $ 100,000.00 $ 400,000.00 $ 500,000.00
TOTALS $ 100,000.00 $ 400,000.00 $ 500,000.00
OTHER FUNDING SOURCES(NON-PHCD):
CITY OF OPALOCKA $ 400,000.00
MIAMII DE
COUNTY ATTACHMENT 3
INDEMNIFICATION AND INSURANCE REQUIREMENTS
The City of Opa Locka (City) 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 the Agreement by The City or its employees, agents,
servants, partners, principals or subcontractors. The City 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, judgements, and attorney's fees which may issue
thereon. Provided, however, this indemnification shall only be to the extent and within
the limitations of Section 768.28 Florida Statutes, subject to the provisions of the Statute
whereby the City shall not be held liable to pay a personal injury or property damage
claim or judgment by any one person which exceeds the sum of$200,000, or any claim
or judgement or portions thereof, which when totaled with all other claims or judgments
paid by the City arising out of the same incident or occurrence, exceed the sum of
$300,000 from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the City.
The City of Opa Locka shall have its contractors and or sub-contractors 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 indicates
that insurance coverage has been obtained which meets the requirements as outlined
below:
1. Worker's Compensation Insurance for all employees of the Contractor
pursuant to Chapter 440,Florida Statutes.
2. Commercial General Liability Insurance on a comprehensive basis, including
Explosion, Collapse and Underground Liability coverage in an amount not
less than $1,000,000 combined single limit per occurrence for bodily injury
and property damage. Miami-Dade County must be shown as an additional
insured with respect to this.coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired
vehicles used in connection with the agreement, in an amount not less than
$500,000 combined single limit per occurrence for bodily injury and property
damage.
4.
All required insurance policies 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.
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
or rental housing, the description of the proposed units to be completed is as.follows (to be
completed by Awardee):
Schedule of Units
Unit • Total Number Total Number Square Sales Price/
Description of Units Set-Aside Units Feet Net Rent Amount • %of
AMI
Efficiency/Studio $
• 1 Bedroom/1 Bath $
2 Bedroom/1 Bath _ $
2 Bedroom/1.5 Bath $
2 Bedroom/2 Bath $
3 Bedroom/1 Bath $
3 Bedroom/1.5 Bath $
3 Bedroom/2 Bath $
• 4 Bedroom/2 Bath $
•
4 Bedroom/2.5 Bath
$
Other
$•
For Awardees undertaking rental housing, the Awardee agrees with respect to the
Development for the period beginning on the date of recordation of the Mortgage and
Security Agreement securing the DHCD Loan, that:
a. The Awardee shall designate and set-aside units for very low, low-income, or
moderate income families in the configuration as described in the Schedule of Units
referenced herein.
b. At the very minimum, the Awardee. shall be required to equip each unit with the
following: refrigerator, oven, carpeting/tile, and central air conditioning.
c. Each unit shall meet the energy efficiency standards promulgated by the HUD
Secretary.
d. The Awardee must verify that all households assisted have annual incomes that do not
exceed 80% of the Area Median Income (AMI). The awardee must report to DHCD the
number of set-aside *housing units completed and occupied, including demographic
information on each head of household.
•
•
•
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 sates 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 prior to awarding the construction
contract for the Development, the name of the General Contractor.
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 construction
contract amount, in US funds, with Miami-Dade County listed as the beneficiary.
9. The Awardee shall schedule .a Pre-Construction Conference with DHCD at least
sixty(60) days prior to the commencement of construction.
10. The Awardee shall provide DHCD with a written commitment for construction
financing from a financial institution(s)at the time of construction loan closing.( n
11. The Awardee agrees to notify DHCD in writing within fourteen 14
personnel or location changes in the management company. ) days of any key
12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance
the name of the Awardee or the licensed design professional employed by the
Awardee in an amount of not less than $250,000, and shall furnish to DHCD the
relevant Certificates of Insurance evidencing the prescribed insurance covers
accordance with ATTACHMENT B-1 of this contract. 9e in
C. DHCD OBLIGATIONS AND DUTIES
1. DHCD shall manage its own disbursements and act as the disbursement agent for
all construction loan funding draws.
2. DHCD will monitor the project for adherence to plans, unit layout and deadlines for
project completion in accordance with the Contract and the Scope of Services.
3. DHCD shall forward to the County's Risk Management all required and applicable
Certificate(s)of insurance.
4. DHCD shall disburse the awarded funding only after the Awardee closes on the
construction loan, all required loan .documents have been recorded, and the
Awardee has timely submitted funding draw requests and relevant invoices in the
prescribed manner and as satisfactory to DHCD.
5. DHCD shall notify the Awardee of any address/location changes to DHCD's
information within forty-five (45)days of its occurrence. contact
D. NATIONAL OBJECTIVE
In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee
be required to achieve the national objective of Benefit to Low and Moderate Income
Persons or Households (LMI). For activities designed to meet the LMI national
objective, the Awardee shall ensure and maintain documentation, acceptable to DHCD in
its sole discretion that conclusively demonstrates that each activity assisted in whole or in
part with CDBG funds is an activity that provides.benefit to persons where no less than
51% of those benefitted are low- and moderate-income persons with household incomes
at or below 80% of Area Median income_(AMI), as further defined in the chart below:
•
3
Miami-Dade County: HUD 2009- 50%and 80%of AMI Income Thresholds by Household Size
(NOTE: Income Limits subject to change annually.)
`I
- - - _ Person 2 PeY so a Person 4 Person 6 Pe
, on Person t 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://www_huduser_org/publications/commdevl/nsp.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 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 principally LMI. This
presumption covers abused children, battered spouses, elderly persons, severely
disabled adults, homeless persons, illiterate adults, persons living with AIDS and
migrant farm workers; or
b. Require documentation on family size and income in order to show that at least
51.%of the clientele are LMI; or
c. Have income eligibility requirements limiting.the activity to.LMI persons only; or
d. Be of such a nature and in such a location that it can be concluded that clients
are primarily LMI.
3. Low'Mod Job Creation or Retention Activities'.(LMJ)
The job creation and retention Low Moderate Job (LMJ) benefit national objective
category addresses activities designed to create or retain permanent jobs, at least
51%of which, computed on a full-time equivalent basis, will be made available to, or
held by, LMI persons. For Awardees undertaking activities to create jobs, there
must be documentation indicating that at least 51% of the jobs will be held by, or.
made available to LMI persons. For Awardees undertaking activities that retain jobs,
there must be sufficient information documenting that the.jobs would have been lost
without the CDBG assistance and that one or both of the following applies to at least
51% of the jobs:
•
a. The job is held by a LMI person; or
b. The job can reasonably be expected to turn over within the-following two years
and steps will be taken to ensure that the job will be filled by, or made available
to, a LMI person. For the purpose of determining if the preceding requirements
are met, a person may be presumed to be LMI if:
I. He/she resides in a Census tract/block numbering area that has a 20%
poverty rate (30% poverty. rate'if the area, includes the central business
district); and the area evidences pervasive poverty and general distress; or
II.. He/she lives in an area that is part of a Federally-designated Empowerment
Zone (EZ)or Enterprise Community(EC); or
III.. He/she resides in a Census Tract/block numbering area where at least 70%
of the residents are LMI.
4. Low Mod Housing Activities (LMH)•
The housing category of LMH benefit national objective qualifies activities that are
undertaken for the purpose of providing or improving permanent residential
structures which, upon completion, will be occupied by LMI households. In order to
meet the housing LMI national objective, structures with one unit must be occupied
by a LMI household._ If the structure contains two units, at least one unit must be
LMI occupied. Structures with three or more units must have at.least 51% occupied
by LMI households.
5
a. Rental buildings under common ownership and management that are located on
the same or contiguous properties may be considered as a single structure.
b. For rental housing, occupancy by LMI households must be at affordable rents as
established annually by the U.S. Department of Housing and Urban
Development (HUD) and consistent with standards adopted and publicized by
DHCD.
The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall
carry out each activity in compliance with all applicable federal laws and regulations
described therein. If the Awardee is a primarily religious entity, it shall comply with all
provisions of 24 CFR 570.200 0).
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•
PI --t s.a..1LL ilrl\1 L
I- .,.. UUAKTERLY EXPENDITURE ANL
: PROGRESS REPORT•FY 201
` �Fjg.INZ { ❑]st
Qum arter Jan-.Mar 0 24d Quarter[A pr J u n] ❑3 Quarter Jut Se pt) ❑4th
Quarter[Oct Oec)lAnnual Repor 157,L. -L t e:L e EM 'di _s a w' k 7.7rx:, 44, -_,,,-r grd, l r Recipient Name(Organization):
Contact Person(Name&Title):
Activity Name(Project Title): Telephone Number.
-
Activity Address:
Activity Description:
Activity ID#: Index Code:
Funding Source Funded Amount: $
Activity Category: ❑Administration ❑Capital Improvement
❑Economic Development ❑Historic Preservation ❑Housing
Objective: 0 Create suitable living environments 9 ❑Public Service
❑Provide decent affordable housing 0 Create economic opportunities
Outcome: ❑Availability/Accessibility ['Affordability ❑Sustaioabillty E: .fa_ afi� '- {,z
a..
c o
ACTUAL F H.
CATEGORY APPROVED TOTAL REIMBURSED CUMULATIVE PROJECTED PROJECTED
BUDGET EXPENDED EXPENDITURES CUMULATNE PERCENTAGE EXPENDITURES trhis(hr am CUMULATIVE [rhrauUmutfttus
CUMULATIVE
trhrough end of lids�arrerl quarter] (9 0]. [Ned Quarter/ EXPENDITURE
Personnel $ $
/a teY and of Contact Period/
$Contractual $ $ � ,�
$ $
% $ CM"
Operating Costs $
as $
Commodities $ $
apital Outlay �--
$ $ %.TOTAL $ $ $ $
Program Income•The disposition of Program Income not specifically
pe�cally listed in the approved Program Income budget requires prior written approval from DHCD.
1.Does this activity 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 activit . st Yes No
If yes,t@ attach copy of approval letter and related documents.If no,a written request for approval to use the Program Income must be submitted to DHC0 NIa
check payable to Miami-
Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract•Check Attached?0 Yes -❑No ❑N/A
-' ; � �' 2�^x:°�,'Y��'��e' � '�� '�� w' ��d��%`��-��#� �'`��' �i`�f�,(J%�P� rk ,,--fir � �i -�- �{2 �v
c.' cit ,ISZ .k��1Mffigi''� ; '�'PWs' :;Zrf �r4. al•- -- ;} i i.r
ss.
kL
t``fla YJ r
x 1.Activity Status: ❑Cancelled ❑Underway ❑Completed 2.Environmental Status:❑A=Exempt ❑C=Completed ❑D=lnder way 3.Is this activity still in compliance with the original project schedule? ❑Yes ❑No
} �' q7 " c"O �g7i ^� 2� ��� -� Ti C J*�� "` ' '77 S� ^e..= .y 4L�. " '' S�a,r,ib;, �h V..., St-.-g cera i yt-I {'� "' *ma P II F r-ri a,.+ ,
xe ` * ° r / me b.Kr nR d5i;-
; r eTravu rtw)zpf: J�.`� `
Department of Housing and Economic Development Page 1 of 2
Quarterly Expenditure 8,Progress Report(lR6,03/t1]
R 4'�'[k L LAK I ERLY EXPENDITURE ANE
COUN : PROGRESS REPORT•
FY 201'
t:yf M1_ S+ 1,11; ggSMNf 5 4A} PY -}- 3( r _
_,:- a Jia Fzs-.;:- . g,w n a} u r a:P�rp r's,°YYT." {,sue" r-r -y,..
l�-- 217.�iw. J"•I .'yi''��e--ten" 5-x �J'a':Lg
mo�VP..„Z/ - YP� d
VST g RSA +��� F_
av:n>.. sINEAZ...?VX-Lza7i =yz_.As,1
;�
� -e Accomplishment Type: ❑People(0 11 ❑Households D ❑Businesses[Oe l ❑Organizations[09] ❑
Housing Units(to)
❑Public Facilities pi] ❑Jobs[13]
National Objective: ❑Area Wide Benefit[e.g.LMA,LMAFI,LMASA,SBA) -or
,{ t,.,�ti�f y _ V j ❑Direct Benefit[e.g.LMC,IMH,LMJj
,I ?: a .> s:� T '� {A y � 1-er, " (y rJ; n a -:'A' t U:.r 7.s* E7 Tzca,
- S' ,.1_" 4.`' ,- 'a S.4t�9� 12 9 sft i' 'k St'r wt C:'.to i. '€- -F
t.,���'� y 3-�.'1.}r Z,.�2���s,.. _�r v' Aer� t_., f �y ids�.! f[', ( �•��
c .ss--x c�L� l�r�YS"_C-,3's'��i.c�v�,Y�r f _��F ��t 1. �
1 Housln t1 ..s _ e
i Owner Rental II_ Buyer Total � People Households
�Projected Goal II Total People Low l Mod Total ►'-'~ Female
__. _ i j�_� 3, AHN i Households L "-' od
_ _^ Headed
[Actual This Quarter' Projected Goal r 1
IActual Cumulative ti ____ 1I ' r ; Actual This Quarter* �� I '"`�—}
�[_ IL_ �___ _ ___..._ 1
Actual CunwraGve
�`Supplementa!Form�Required-Attached Y/N: ---•�-------� -- _
1(1)Performance&Benefit Data:Housing w 'Supplemental Form Required-Attached Y/N: '`�
r Note:HOME funded -y . �
!.__ p ojects emus t submit applicable activity set-up form. (1)Performance& Data:Public Service&Administration❑-or_ �'�
(2)Performance&Benefit Data:Capital Improvement&Publc Facilities ID-or --
(3)Performance&Benefit Data:Housing
Note:HOME funded projects must submit applicable activity set-up form.__ --''—�'
J"arty } _F`�i-F}w`_.. °tr k _
53 ACLi�� � _t1a� 14�tti �� f * ex ?fit °
i`°l~
< "-�L �s dte._.._, ? `F. _,,_,c.,,_,. - -e,- .'�.' 7 `'y ,,,,- '"9ti x1" . ' �'�,
tea_ k ,„„ti--„,-,,,,,.,,,,,,,,,,,„,
I i Jobs Created t _____
Pr 'ecled Goal FT Jobs i -Low t Mod-r PT Jobs r Low/Mod �r
� II i Total I
11-� ! i
IF--
Actual This Quarter' 1 i I
, r-- �_ _ i
�
#r
-Actual Cumulative I ii [ 1ll 1 = ]___ � _'Supplemental
Form a Required-Performance&Benefit Data:Economic Development-Attached Y 1 N:
[ PERFORMANCE CERTIFICATION: ❑This certifies that No Accomplishments occurred during this Quarter. I
NOTE: Submittal of Initials Supplemental Form-Performance&Benefit Data is Trot required at this time based on the certification that no accomprrshments occurred during this quarter.
CERTIFICATION
This is to certify that the data and other information provided in this Report is correct,based on official accounting system and records,and that expenditures and obligations shown have
been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by:
Print Name Title: Date:
Signature of Certifying Official:
Title: Date:
'Y�
Ft Y- �5 3 Y�/)'CF ? �..-(pr .!"'i. r ? :-nl. a,x R r . ems ,-:-•‘;t;'-''a '
Activity iD_IS Number. _-
-_ - -- -- -
Report ❑is 1❑is not complete • Report ❑is I❑is not accurate • Initial review for completeness and accuracy completed by:
Name: Date:
Contrasts Officer Name: Tea DatTeam Leader!Super visor
Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure&Progress Report[1.R68)3111]
_ Performance&Benefit Data:Capital Improvement&Public Facilities
IiHl�pl! . :. .,__.".: Supplement to Quarterly Expenditure and Progress Report• FY 2011
COUNTY
Recipient Name:
. W �4q tf` V � � I ACtivtty Name.
Category: 1 aQuarter[Jan-Mar] ❑
Activity ID#: Activity 9 ry: 2 QuarterjApr-Jun] ❑
HUD Activity Matrix Code: Accomplishment Type: 30 Quarter[Jul-Sept ❑
HUD Matrix Code Description: 4+b Quarter[Oct-Decj/Annual Report ❑
PROJECT TYPE: MEASURES:. ACCOMPLISHMENT UNITS COMPLETED:
0 Acquisition/Disposition 0 Structures•❑Parcels __ #of Structures
❑Clearance!Demolition ❑Structures• ❑Parcels
#of Parcels
❑Street Improvements Persons Served• Low&Moderate Income #of Facilities
❑Public Facility/Type: Persons Served• Low&Moderate Income #of Persons Served
❑Building/Type: Facilities• Persons Served•Low/Mod Income #of Low/Mod Income
❑Other Capital Improvement!Type:tote below' Persons Served• Low&Moderate Income
PERFORMANCE MEASUREMENT.&ACCOMPLISHMENT INFORMATION _
Instructions&Applicability:National Objectives include I MA,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
1)That are served by a public facility or infrastructure that is no longer subs tandard
Total -
g)Homeless persons given overnight shelter
h)Number of beds created in overnight shelter or other emergency housing
, - DIRECT BENEFIT INFORMATION': . '_
RACE!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
UY tott al.
<< !±aI .t m( jF;F . ^ „FS_`{ 4,7p- om ✓t-
' 3 p
RACIAL CATEGORIES Racial Categories Ethnic Category Racial Categories Ethnic Category
• Total Number Number Hispanic Total Number Number Hispanic
White[11)
Black/African American[121
Asian[13]
American Indian I Alaskan Native 1141
Native Hawaiian/Other Pacific islander 1151
American Indian/Alaskan Native&White[161
Asian&White[11
Black/African American&White[18]
American Indian or Alaskan Native&Black l African[19]
Other Multi Racial[20J,
Totals
Performance&Benefit Data:Capital Improvement&Public Facilities{t.R 6/3111] Page 1 of 2 Supplement to Quarterly Expenditure&Progress Report
rerrvrrnance a t3enent uata:t apttal improvement es,runitc racllities
1111A11 Supplement to Quarterly Expenditure and Progress Report • FY 2011
COUNTY •
DIRECT BENEFIT INFORMATION(CONTINUED}
•
DIRECT BENEFIT�BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION
.-;REFORf. �'d 9 B ,�TIC ::Clink,ATIV? T A; ,A R`VER000TxL , 11M4lt kT Tf 1 S
Income Categories 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 iOtner Fu tlngsourcesl
$ 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 Souce
$ Total Funds
11T2-6��`�-�y�` st+ -ii'', i u-�N , �,,�1� �q'�� -4��:�(�` ter. r�. r � C �._'�u y}' r -P,,#,{
. '� I1c.°7+ t;t�ti, ..°�E? -..ef1 S-:Ip�Fitjf`...3 ;A��r-Ll.E"��'6 tCMt5�4R4� Ici'4'&i:S�.F.�� �6E.F, I(
Report Prepared by: Title: Date:
P in*Name
Signature of Certifying Official: Title: Date:
Performance&Benefit Data:Capital Improvement&Public Facilities[L.R W111] Page 2 of 2 .Supplement to Quarterly Expenditure&Progress Report
GENERAL CDBG INTAKE ELIGIBILITY FORM
LMi LIMITED CLIENTELE(LMC)/JOBS(m)/HOUSING(LMH)
NAME: PHONE: DATE:
ADDRESS: ZIP:
Head of Household: ❑ Male 1❑ Female
Race/Ethnicity: Do you consider yourself to be Hispanic?❑ Yes 1❑ 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)
n 1• . Yourself
2.
3.
4..
5
6.
7.
8.
,s9 3+�..�,.."if '•ri kt`".7r t -4 fieFsr ,at'J;:r
ti} t ,_.�_,n��ys��,� �s S4",:�:"?a�i..r.:�".._. Q�.�c :J._..,.,_� m'r x ' "�� :,�,3� `-�` 1.� s�r�
The assistance you receive is determined in part by the size of your household and your income:All•income and assets will require verification before.
etigibtiity 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 disdosed.
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 SSAISSI or Veteran's Benefits,or proof of retirement income.
I,the undersigned applicant,do hereby authorize to verify my personal records;including wages;pensions,and
investments. It is.understood that this authorization is granted for the sole purpose of certifying my eligibility for.-federal financial assistance,and that all
information acquired in this regard will remain confidential.
BY MY 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 EUGIBIUTY _ 24 CFR 570.208 •
Activity dassified under famiy size and income • 24 CFR 570:208(a)(2}(i)(B} 24 CFR 570 506(b}(3)(iii)
Activity isdassifed based on income eligibility 24 CFR 570.208(aX2)(i)(C) 24 CFR 570.506(b)(3)(iii)
. requirements that restrict it exclusively to low-and
moderate-income persons
DEFINITIONS 124 CFR 570.3
; Family means all persons-living in the same household who are related.by birth,marriage or adoption. •
j Ho ehokl means all the-persons who occupya housing;uniL The occupants.ma be a single family,one
two or-more tamiGeslm - y . 9 .- .: y, persan.liVing atone,
rig together;.or any other group�.of,related or unrelated:personswho share tieing arrangements
. .10ome Forthe purpose of determining whether a family_or household is low-andmoderate Income.under subpart C of-this
.part;grantees may select arty of the ihree.�def nitions listen below fot each activity,except that.integrally related_activities of the
i-.Same type and qualifying;under the=same paragraph-of 57G:208 a-shalt-use the same definition of incorne.The option.to choose
a:definition does not apply-to activities-that,gtualifyunder S70:208 a 1 Area benefit activities),;except When the recipient-carries
out 4 survey.under 570 2f8(a)(9)(vi).Activities.qualifying,under 570.208(a)(.i)generally trust:use the area income data-su_pplied.
+ 'tarecipients by HUD The:three:definitions are as follows: •
i'(i) Annual income as defined:under the Section 8.Housin Assistance Pa menu r.:'
� � g .Y. A ogram at 24 CFR 813:106(ezcept`that•if
• - the CDBG assistance being providedis homeowner rehabilitation:under 570 202;.the value-of the Homeowner's primary
I residence maybe excluded:from any.calcUIVion of Net.FamityAAssets);or
•Estimate the annual income,of a family or household by the
projecting thprevailing rate income Of each person'at the time
assistance is provided iforAhe individual family,or househoold.(as applicable):
Estimated annuatincome shall include income from'all family or household•members;as.applcable.income or asset
enhancement derived fromthe CDBGassisted activity shall notbe considered in calculating estiimated.annual income. .
Lowe and moderate-inconie household ineans:ahousehold:having an income equal'to or..less than the Section 8 low-income
iumt established by HUD. . •
ILow,and moderate-income.person means a member of a family having'an income equatto or less than the-Section 8:low-
income limit established by:HUD.Unrelated individuals will be considered.as one-person;families for.this purpose-.
ILowrincone-bousehOld.sneinia household having.an income:equalto..or less than;the Section S very low-income limit
established by HUD.
ILowy income-aerson-means a member of-a family that has an income.equal to orless-than•the Section$very low-income limit
established.byl-00.Unrelated individuals shall be:considered•as one-person families-fdr this..purpose.
INSTRUCTIONS FOR IMPLEMENTING AGENCY
I You must first seek third party verification.This is a verification that is received directly from the source of
l income.The request can be by mail,fax,or email. it must be clearly evidenced that it was received from
the source.
•
•
Back Page
COBG Income Eligibility Form -
•
ATTACHMENT D
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 I. AGENCY AND PROJECT DETAIL
1. Indicate Funding Source:
❑ CDBG ❑ HOME ❑ HOPE VI NSP ❑
❑ HOMELESS(SRO/SHP) ❑ EDl .❑ 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: Zip:
Phone: f Fax:
Form Revised 11109
9. Detailed description of activity or project:
10. What is the purpose of the activity or project? For example, Public Service,Economic
Development, Historic Preservation, Capital Improvement,Housing,etc.
11. What is the status of activity or project? For example, Pre-Development Phase,
Rehab/Construction Underway, Rehab/Construction Completed,etc.
Part II. PROJECT OUTCOME
Will the activity or project result in the following?
YES NO
1. Change in use
2. Sub-surface alteration(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 penult(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?
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? El 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:
Ej 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)
El 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 stainsin 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?
D 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.streetlplat maps that depict location of property in the County andlor 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 andlor 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 14t 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 Xs X2
Non-Construction/Expansion X
Housing
Single Family Rehab X
Multi-Family Rehab X1 X2
New Construction X
Homeownership Assistance X
Affordable Housing Pre-Dev. X
`Capital Improvement
Handicapped Access - X
Public Facilities X1 X2
Infrastructure X1 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) NO1IRROF
Or
• Publish NOI/RROF
(Statutory Requirement
•
Triggered)
Estimated Time Frame(Excluding 30-45 Days 30-45 Days 45-90 Days 90 Days
Triggered Statutes) Minimum
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
"" EA Environmental Assessment(Format II)
•
6
MLAM
" 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
Microsoft Word/Affidavits 2006/Revised/mdm-01-04-2006
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.
IL-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
IIL- 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.
2 •
Microsoft Word/Affidavits 2006/Revised/mdm-01-04 2006
•
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.
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 AFF1DAVIT(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.
3
Microsoft Word/Affidavits 20061Revisedlmdm-01-042006 .
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 comp liance 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. L101-336, 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.
4
Microsoft Word/Affidavits 2006/Revised/mdm-01-04=2006
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
Microsoft Word/Affidavits 2006/Revisedfmdm-01-04-200s
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.- t.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.
•
6
Microsoft Word/Affidavits 20061itevised/mdm-01-0442006
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).
l 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/Revised/mdm-01-04-2006
AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST
1.-Do you have any past due financial obligations with Miami-Dade County?
YES NO
Single Family House Loans
Multi-Family Housing Rehab -
CDBG Commercial Loan Project
U.S.HUD Section 108 Loan
Other HUD Funded Programs
Other(liens, fines, loans,occupational licenses, etc.)
If YES, please explain:
2.-Do you have any past due financial obligations with Miami-Dade County?
YES NO
If YES, please explain:
3.Are you a relative of or do you have any business or financial interests with any 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 2006IRevisedlmdm-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)
I, , 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 o r 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: V , 20
Signature of Affiant - Date
I / I I I WI .1 1 / /
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Firm
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
Microsof Word/Affidavits 2006/Revised/mdm-01-04-2006
CODE OF BUSINESS ETHICS
in accordance with Section 2-8.1 (1)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 ("Co de") 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 to all business that the developer does
with the County and shall, at a minimum, require that the developer.
• 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-through Requirements. 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.
D Rental Space, Equipment or Flat Overhead Fee Requirements. 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.
D 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.
D 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.
•
10
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 20_
•
by . 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, Ioan, 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 who being
duly sworn states: (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 ahy 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
Q is related to the following parties who bid in the solicitation which are identified and listed
below:
Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for
contract award. In the event •a recommended contractor identifies related parties in the
competitive solicitation its bid shall be presumed to be collusive and the recommended contractor
shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to
'the extent of ownership, control and management of such related parties in the preparation and
submittal of such bids or. proposals. Related parties shall mean bidders or proposers or the
principals, corporate officers, and managers thereof which have a direct or indirect ownership
interest in another bidder or proposer for the same agreement or in which a parent company or
the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in
another bidder or proposer for the same agreement.Bids or proposals found to be collusive shall
be rejected.
By:
20
Signature of Affiant Date
1 1 1 I I / I 1
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name.of Firm
Address of Firm
BID PACKAGE ADDENDUM Revised4/12!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
•
8133 PACKAGE ADDENDUM Revised 4112J99
Agency's letterhead
SAMI . LE
AGENCY NAME
DISCLOSURE 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 REQUIREMEN`I'(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 involvin the
expenditure of over$100,000 per year for"Covered Services". g
"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.
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 u on
request by the County. p
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
loft
FORMA-I1
MIAMI-DADE COUNTY,FLORIDA
MIAMI-DADE COUNTY LIVING WAGE AFFIDAVIT
(Ordinance 99-44 and Section 2-8.9 of the Miami-Dade County Code)
Solicitation No.:
Title:
, being first duly sworn hereby state and
certify that in compliance with Miami-Dade County Ordinance 99-44 and Section 2-8.9 of he Miami Dade
County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage
required by Miami-Dade County Ordinance 99-44 to all employees assigned to this contract. The bidder or
proposer further understands that the current living wage applied to this contract is$8.56 per hour plus health
benefits as described in the ordinance,or$9.81 per hour without health benefits.
By:
Signature of Affiant 20
Date
- / / / / / . / /
Printed Name of Firm
Address of Firm
SUBSCRIBED AND SWORN TO(or affirmed)before me this day of
Y ,20�
by
Affai►t . He/She is personalty known to me or has presented
as identification.
Type of Identification
Signature of Notary Serial Number
Print or Stamp Name of Notary
Expiration Data
Notary Public—State of
Notary Seal
Rev. 1/20/00
2of2
ATTACHMENT F
Q 144 i*ivilred
County Construction Sign * I
- a
(Only area*,-efitled are subject to Change) PeronanentlAgns
:
Rpticemont.or:1;11NOW-sigit: I
.
- •
, . ,. „
. ., . •• ...• . . .
, • . ,• .
- - • . ._ .• :•-•:....: . -
.A.40004igos:
Ll Ati*anie-1 Sideder a A4intne.2Sidedi
• ;. ..." ::••:#4K: - ••
•. eti6.tioAfese:-::•-: •: •:•••
ikepartnion;: ..
, -
:' _ --,•-. •-,•otoirolio•-,' . :,• ::-.,., ..,
.,, ....,
..1 •• ••••• •• • •• -
• - • •
• • _ _. ....._ ,_:-- ... ....,..
ilarflnag.t. -i'-:• •.'
' -. ---•.1.#0t#4',.'.',:, 0,.m..,i,,..;',. -••• Project Aottiiyik,0 ** .ke4i41•1-- . .- ,-.."".'"•. " ..''''' .
- " • ' :' ' ".044101:' gi17;3:17icat(44,- .4V
I I
. , .". 4.4.$44**10. .-.-,-... •;"•"..."...-: . :". : .. .. . .
.,., „,....,,,, , ..,...: _ ..-, . .
.:.)44004414:.'."=:: r.: ' ,:4444,...; Telephone Number
.• ........ , ...
: :....'-::::', :...:iptileg.,-,,•i.....• q.:' vi-Aimist:,::.,, .. • :-.•: -s, .: •-, 1,
. - _•:IS-.4-0.-,:..: !.•-•-'k•:.,.!•:•-•::::',..,,--•::-.•,-:::'... •:•::I .I . •:•:1
I
'-, :::.--:.;... #1;:-',--:-....!-. .. . • -
smile- - - -
.. ,: ,.. ._.,. .....:&,,.„,::.,...::„. „,„ ..,... ,.. ,.. ,.. ,., ,. .... ... .
Fi
Andox,,,-0:40,
1 . I
,,
-. -- G--..,: •---,,.„...: : _ • , ,:.- ,:.•,-, „.. • , ,
robli
. . . ' - — — '' ' ' ' a. , • • .
' .:.., ..-_ .. . .• . ::. ., ... Pircjeat Name
.; .4.o,:,4*ii!...,000**" ..0,, rrretispo ...-:, : *-- — - ..,-;,:,-0:::,. .• ;,.:„: • ...
-: 4***00140: ,i:.„4..2.L,:..T.. ... .„. • ..,,
• •• .. • ..•.:ogit4/.? • • • - . • . :.:.: ...,,-,.: .
: • diiiotfe-owfv*.: .
•
. .,-••::: .: ;
-• -- . .,• :::.ow*.•••:. .. • • ..,:. „ i
:-, • , 40x4.404:4,-, ,....• -• :.•:: ..; •: . • ........• ,;_l , : .
;:',..:,:•••:-..::..'.,..., Portg-,e,.....,,q..:...:;',..::;-::::./.:•,'....... ._.:-,=1-:•••.•-.-::..,-: ,...-:-......-„....::::••••...:;;;•/ :,. .. piiiii- itot- ;........r.40ii•bpo
' ' •*tiiivittkiftwa''''•':.• - - - - *:.'':-..'s . . I
:.•:.:2::Ask*** `••-•: -•••-- •. •-.-.,4:.•--
...• • .. ... • .. : .. ..._ _•..0,'• 4.tir, tot,•••0#000049 00 kb
-: ...:lioatto.4.0fi--.;,:. -:--- .- -....'',::.,..-•--
: I -
. ., . ... ... . „
titherfokdiaitt logos itiNaitAtt
....
-. ----
•
: 71-,;.:-, prC::. •,-7.7-T:t F.itppCV:::::?.::,! :`fl":::; .`",::'-pC•10.,''.d •-..i:. , ..:., ,. '
. .
. . - rvi,-4,,,--.,.e_,•,,.:-., . .
4.....1r;rn i 2-L.3-.?:0.5.r2 r • r,2 e- .14,-., 1,..,1 r'K.,4.. : •
• • - -
.. - ,, ..
• OritifikitArtitik:F.404.9.41.: O. Yes a No
,.. ..s. ._,. .....„ .
- .-:...:.:•-•-:::::•....:.: :_,-.4:•••(.:••:••,-. :,..,..-: Aif.' tisoita. o. ed00• 0.-pestaoroeot- o.n.o. ./or
iiiii„,ii"-- . • - ', --.----.--- --'-• ... .- — ..--:' ri-bil-1341.'":'
:l. .:-..;,;,;...,„:,;rniontlitladb;gait:cfr, **-,..,.,!;-: -4- "'.,:-•-• .t.tate;-04 -iroientitapPI•i.4akiq,
,..,
. ._.. ._ ..... ... . ,. .. .. .
.. •._.,......t.,,... . ..
I
. 1
SAMPLE.PLACEMENT
•.
. *1-• ,,
•.I
.. :::•-,•-*'AT, .: 2,,
. •: *:::::Al.—.172_,.., ,
. —
...• -.. , ,:,.:,.-..:1
• • ' s*. ./
4,19li.'10040011 address
4104-4!) r otos.ropeptaciocuatn of 4144,Placement.....
.,.
This Form to be Faked tOt 305-31541.25,
Attention:.Midi: aei 9,11flaft
• . -
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
•
MicrosoftWord/Affidavits 2006/Revised/mdm-01-o4-2006
ATTACHMENT H
SUBCONTRACTOR/SUPPUER LISTING
(Ordinance 97-104)
Firm Name of Prime Contractor/Developer
This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed
by the developers on County contracts for purchase of supplies,materials or services, including professional
services which involve expenditures of $100,000 or more, and all developers on County or Public Health
Trust construction contracts which involve expenditures of$100,000 or more. This 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.
=% Ix SE .E� rT��yr 'ir
� '
• J 1 ✓ k� f-_°."-fS -- � �` Ici�'- EC '' [ r 1,3 r
h _
`61
a
r 1��[i 7' ,C {� ��, 1 '��'i �titK?;i1
l 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 WordlAffidavits 20061Revised/mdm=01-04-2006