HomeMy WebLinkAboutPre-LegislationsCity of Miami
Legislation
Resolution: R-12-0166
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00422 Final Action Date:4/12/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING MIAMI-DADE
COUNTY'S RECAPTURE OF $470,416 FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") DISASTER RELIEF INITIATIVE ("DRI") ROUND 11
CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI AWARD
OF $2,776,264, PROVIDING FOR AN AMENDED AWARD AMOUNT OF
$2,305,848; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
SEPARATE CDBG DRI ROUND II CONTRACT BETWEEN MIAMI-DADE COUNTY
AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE PURPOSE OF PROVIDING ADDITIONAL CDBG DRI FUNDS
RECEIVED UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND
EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, ALSO
KNOWN AS DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN THE AMOUNT OF
$315,309, FOR THE REHABILITATION OF THE TOWN PARK VILLAGE I
PROJECT THAT SUFFERED HURRICANE DAMAGE.
WHEREAS, pursuant to the Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, Community Development Block Grant ("CDBG") disaster relief
funding was made available to the State of Florida by the United States Department of Housing and
Urban Development; and
WHEREAS, in 2006,. Miami -Dade County ("County") was allocated the amount of $16,000,000,
to be shared by all municipalities in the County based on need and the project of which the City of
Miami ("City") was awarded the amount of $2,000,000; and
WHEREAS, in August of 2007, the County received an amount of additional $22 million under
the same appropriation for projects in the County; and
WHEREAS, the City and the County executed a CDBG Disaster Relief Initiative ("DRI") Round
II contract in the amount of $2,776,264 for projects which have been pre -approved by the County; and
WHEREAS, the County has recaptured $470,416 of the $2,776,264 award under the CDBG
DRI Round II contract; and
WHEREAS, the County is awarding $315,309 of CDBG DRI funds to the City under a separate
contract for the rehabilitation of the Town Park Village I project that suffered hurricane damage; and
WHEREAS, the City Administration recommends the acceptance of the recapture of $470,416
in connection with the CDBG DRI Round 2 contract and the authorization of the City Manager to
execute a separate CDBG DRI Round 2 contract accepting accept $315,309 in CDBG DRI funds for
the rehabilitation of the Town Park Village I Project;
City of Miami Page I of 2 File Id: 12-00422 (Version: 1) Printed On: 8/1/2012
File Number. 12-00422 Enactment Number: R-12-0166
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The acceptance of the County's recapture of $470,416 from the CDBG DRI Round
II contract between the County and the City award of $2,776,264, providing for an amended award
amount of $2,305,848, is authorized.
Section 3. The City Manager is authorized {1} to execute a separate CDBG DRI Round II
contract between the County and the City for the purpose of providing additional CDBG DRI funds
received under the Military Construction Appropriations and Emergency Hurricane Supplemental
Appropriations Act, a/k/a Disaster Recovery Program, from the United States Department of Housing
And Urban Development, in the amount of $315,309, for the rehabilitation of the Town Park Village I
project that suffered hurricane damage.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 12-00422 (Version: 1) Printed On: 8/1/2012
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00982 Enactment Number: R-10-0357
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") FUNDS, FROM MIAM1-DADE COUNTY, IN THE AMOUNT OF
$2,776,264, FOR DISASTER RECOVERY IN THE AREAS OF HOUSING AND
INFRASTRUCTURE REPAIR OR IMPROVEMENT UNDER THE MILITARY
CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE
SUPPLEMENTAL APPROPRIATIONS ACT( AKA DISASTER RECOVERY
PROGRAM), FROM THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE NECESSARY DOCUMENTS FOR SAID PURPOSE.
WHEREAS, pursuant to the Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, Community Development Block Grant ("CDBG") disaster relief
funding was made available to the State of Florida by the United States Department of Housing and
Urban Development; and
WHEREAS, in 2006, Miami -Dade County ("County") was allocated the amount of $16,000,000,
to be shared by all municipalities in the County based on need and the project of which the City of
Miami was awarded the amount of $2,000,000; and
WHEREAS, in August of 2007, the County received an amount of additional $22 million under
the same appropriation for projects in the County; and
WHEREAS, the City of Miami ("City") has been allocated the amount of $2,776,264 for
projects which has already been pre -approved by the County; and
WHEREAS this additional funding will allow the City to assist additional applicants with disaster
recovery; and
WHEREAS, the City Administration recommends the acceptance of CDBG from the County in
the amount of $2,776,264 in connection with the Disaster Relief Program, for disaster recovery and
infrastructure repair or improvement for eligible multifamily projects that suffered damages during the
2005 hurricane season;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The acceptance of CDBG funds, from the County, in the amount of $2,776,264, for
disaster recovery in the areas of housing and infrastructure repair or improvement under the Military
Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act (aka Disaster
City of Miami Page 1 of 2 R-10-0357
File Number: 10-00982 Enactment Number. R-10-0357
Recovery Program), from the United States Department of Housing and Urban Development, is
authorized.
Section 3. The City Manager is authorized{1} to execute the necessary documents for said
purpose.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Date: SEPTEMBER 16.2010
Mover: COMMISSIONER GORT
Seconder: VICE CHAIRMAN CAROLLO
Vote: AYES: 5 - COMMISSIONER(S) GORT, SARNOFF, CAROLLO, SUAREZ AND
DUNN II
Action: ADOPTED
Date:
Action:
OCTOBER 4, 2010
SIGNED BY THE MAYOR
I, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-10-0357, passed by the
City Commission on 9/16/2010.
.7"740kor,e.X./ ?°/ -^ftdif411.v
City Clerk, Deputy Clerk (for P. A. ThompsonY Date Certified
City Clerk)
October 04, 2010
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 R-10-0357
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
COST ALLOCATION BUDGET CDBG-SDR II
CODE
CITY
4020
4010
HARD COSTS
D&K Island (Phase II)
Habitat for Humanity
Miami Jewish Health Systems
Total Amount:
0
0
0
ATTACHMENT D
FINANCING SOURCES
COUNTY
CDBG DR2005
861,175.00
785,725.00
990,550.00
2,637,450.00
TOTAL COSTS
861,175.00
• 785,725.00
990,550.00
2,637,450.00
Administration
Salaries
FICA
Retirement
Insurance
Other Expenses
Total Amount:
TOTAL PROJECT COST
1
0
109,173.00
109,173.00
0
8,352.00
8,352.00
0
8,734.00
8,734.00
0
7,096.00
7,096.00
0
5,459.00
5,459.00
138,814.00
$ 2,776,264.00
138,814.00
$ 2,776,264.00
' CDBG 2005 DRI
Municipality
AMENDMENT ONE TO THE
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
Disaster Recovery Initiative # 08-DB-D3-11-23-01-A-01
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF MIAMI
This amendment amends the FY 2005 Community Development Block Grant Disaster Recovery
Initiative #08-DB-D3-11-23-01-A-01 Contract between Miami -Dade County and the City of
Miami, (the "Contract") entered into between Miami -Dade County, a political subdivision of the
State of Florida, hereinafter referred to as the "County" and the City of Miami, a municipal
govemment, organized under the laws of the State of Florida hereinafter referred to asAhe
"Awardee", executed on February 22, 2011, is amended as follows:
Section IV.
The Awardee and The County Agree:
A. Effective Date:
1. This agreement shall begin on January 1, 2008. Any costs incurred by the Awardee
prior to this date will not be reimbursed by the County.
2. This agreement shall now expire on June 30, 2012. Any cost 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
additional time period during which the Awardee remains in control of the CDBG
funds or other assets, including Program Income to support CDBG eligible activities.
Any extension made pursuant to this paragraph shall be accomplished by writing by
the County to the Awardee. Such notice shall automatically become a part of this
Agreement. _
Attachment A is amended as indicated in Attachment Al.
The remainder of Section IV remains unchanged.
The effective date for this amendment is December 31, 2011.
This Amendment is intended to extend the Contract, until June 30, 2012. The Parties ratify and
adopt all the provisions, duties and obligations of the Contract as if fully set forth herein.
This Amendment and all its attachments are hereby made a part of the Contract.
Page 1 of 2
CDBG 2005 DRI
Municipality
IN WITNESS THEREOF, the parties hereto have cau ed this two r;�) page contract to be executed by
their undersigned officials as duly authorized, this 2b day of r: \ 2012.
AWARDEE:
City of Miami
MIAMI-DADE COUNTY
BY: !. BY:
NAME: So n TyreZ /Litz er NAME: , Carlos A. Gimenez
DATE: 3 —cg" (Z_ TITLE:
WITNESSETH: ATTEST:
BY:
DATE:
(Signature)
Type or Print Name'
BY:
NAME: � Calvin Ellis, Riskianagement Administrator
BY:
Mayor
TITLE: Clerk, Board of County Commissioners
j'„Approved•�s 4 Form and Correctness:
BY:
NAME: Julie O. Bru,City Attorney 17_
DATE:
ATTEST: YAfrILP6,.---
dLr-
BY:
NAME: Priscilla A. Thompson, City Clerk
DATE:
3-? I1
CORPORATE SEAL:
Federal ID Number: 59-6000375
Resolution #: R-1260-07
Index Code: CDSR2006HS
Contractor's Fiscal Year Ending Date: September 30
Appr. .I• s t • form
and L=,�'-.��
Assistant n
Date
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
Page 2 of 2
AGENCY NAME:
ACTIVITY: -
FUNDING SOURCE:
TOTAL ACTMTY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES):
PROPOSED ACCOMPLSHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
APPROVED
CITY OF MAN
DAK ISLAND, MULTI -UNIT RESIDENTIAL
C080 OR 2003 •
,175 --�-A
18011M
1881 173
24
24
HOUSING UNITS
ATTACHMENT 'AP
QUARTER '
1ST QUARTER
ACTION STEP CATEGORY
CUMULATIVE
PERCENTAGE OF
COMPLETION'
APPROVED
CUMULATIVE ,. CUMULATIVE
OUARTERLY <.• PROJECTED
SERVICE UNITS PAYMENT LEVEL
" -
APPROVED APPROVED
ACTUAL QUARTERLY ACCOMPUSHMEMB •
CUMULATIVE CUMULATIVE • CUMULATIVE
PERCENTAGE OF
COMPLETION SERVICE
'LAN 2012
NEGOTIATE TERMS OF STIPULATION AGREEMENT LETTER WITH SENIOR LENDER AND OWNER
MONITOR SITE
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
135.311
UNITS
R]MIBURSEMENTS-
0. 1p
..
...;.
2ND QUARTER
APR 2012
CONTINUE REHABILITATION WORK
SECTION 3 AND DAVIS BACON COMPLIANCE
OBTAIN CERTIFICATE OF COMPLETION
TENANT CERTIFICATION AND LEASE UP OF UNTIS
REHABILITATION COMPLETION
SUBMIT PAYMENT REQUEST FOR WORK COMPLETED
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
70,0
- 12 8425,831
3RD QUARTER
DUNE 2012
CLOSE OUT OF PROJECT
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
-
.. .
100.0
24
PAGE 1 OF 2
AGENCY NAME
ACTIVITY:
FUNDING SOURCE:
AMOUNT: •
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES)'.
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
APPROVED
CITY OF MIAMI
DUN ISLAND, MULTI -UNIT RESIDENTIAL
CD80 DR 2005
ii="tgr 1+i. J (�R 7�
88B81 175 I7D
8881,1T5
5881,175
24
24
- HOUSING UNITS
ATTACHMENT'A1'
QUARTER
ACTION STEP CATEGORY
CUMULATVE
PERCENTAGE OF
COMPLETION
APPROVED •
CUMULATIVE
QUARTERLY
SERVICE UNITS
APPROVED
CUMULATIVE
PROJECTED
PAYMENT LEVEL
APPROVED
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE -
PERCENTAGE OF
COMPLETION • SERVICE UNITS
REIMBURSEMENTS
unt•c
THE PROJECT'6
• 0.0-
0
• ' 5881,175
.
CONSTRUCTION SCHEDULE dR• GANf CHART MUST BE 8UBMiTED 70 OCED BY
PROJECTED COMPLETION DATE MAY 00 BEYOND JUNE 2010.
1ST OUARTER
2ND QUARTER
3RD QUARTER
4TH QUARTER
STH QUARTER
BTH QUARTER
TTH QUARTER
STH OUARTER
TOTAL PROJECT COST
PRE -DEVELOPMENT (PRE CONSTRUCTION) 12%0F TOTAL PROJECT COST (MAXIMUM ALLOWED)
CONSTRUCTION COSTS - 88% OF TOTAL PROJECT COST
OCED FUNDING
PRE -DEVELOPMENT IPRECONSTRUCTION) 12%OF OCED FUNDING (MAXIMUM ALLOWED)
CONSTRUCTION COSTS - 88%OF OCED FUNDING
1435,341
S425,834
S0
S0
00
• S0
SO
50
5881,175
$881,175
S881,175
'5881,175
PLEASE 00 NOT ALTER
1HE CELAA SHAM N
00EEN (Naomi. EACH
CONTAINS A FCAYUTA
PAGE 2 OF 2
AGENCY NAME:
ACTIVITY:
FUNDING SOURCE:
AMOUNT:
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING )ALL SOURCES):
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
APPROVED
- CITY OF WAIN
IMAM JEWISH HEALTH SYSTEMS
6080 0R 2005
ATTACHMENT 'AI'
iuw 6c'1 •' IRMS1PRWM
$990,330
f880 550
62
HOUSING UNITS
QUARTER
1ST QUARTER
ACTION STEP CATEGORY
CUMULATIVE
PERCENTAGE OF
COMPLETION
APPROVED
CUMULATIVE CUMULATIVE
QUARTERLY PROJECTED
SERVICE UNITS PAYMENT LEVEL
APPROVED APPROVED
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
COMPLETION
JAN 2012
DESIGN PLANS FOR GENERATOR
SUBMIT SPECS OF GENERATOR TO MANUFACTURER
SUBMIT PAYMENT REQUEST
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
SERVICE UNITS
REIMBURSEMENTS
30,0
- 0.. S200,000 .
.
2ND QUARTER
APRIL 2012
PERMITTING AND ACHA APPROVALS
COMMENCEMENT OF REHASIUTATION
SUBMIT PAYMENT REQUEST
SECTION 3 AND OAVIS BACON COMPLIANCE
OBTAIN TENANT INFORMATION FOR INCOME CERTIFICATION
MONITORING PROGRESS
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
.. -
60.0
- 62 . $240,006
3RD QUARTER
DULY 2012
INSTALLATION OF GENERATOR
SECTION 3 AND DAVIS BACON COMPUANCE
MONITORING PROGRESS
SUBMIT PAYMENT REQUEST
CLOSE OUT PROJECT
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
100.0
0 5550,000
,
PAGE 1 Of 2
AGENCY NAME:
ACTIVITY:
FUNDING SOURCE:
AMOUNT:t�..
TOTAL ACTIVITY COSTS:
TOTAL AVMLABIE FUNDING (ALL SOURCES):
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS: •
TYPE:
APPROVED
CITY OF MIAM
MAM JEWISH HEALTH SYSTEMS
CDSO DR 2005
ATTACHMENT 'AI'
.'. .,
3990 550
1990 550
82
HOUSING UNITS
QUARTER
ACTION STEP CATEGORY
CUMULATIVE
PERCENTAGE OF
COMPLETION
APPROVE()
CUMULATIVE
QUARTERLY
SERVICE UNITS
APPROVED
CUMULATIVE
PROJECTED
PAYMENT LEVEL
APPROVED •
ACTUAL QUARTERLY ACCOMPLISHMENTS •
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
COMPLETION' SERVICE UNITS
REIMBURSEMENTS
wn•
.ue een per.�er..��.�,,,..,..�....,...,,... .... _..__... __._._____._ ____
0.0
0
S990,550 ..
. ..
PROJECTED COMPLETION DATE MAY 00 BEYOND JUNE 2010.
1ST QUARTER
2N0 QUARTER
390 QUARTER
/TH QUARTER
5TH QUARTER
6TH QUARTER
7TH QUARTER
8TH QUARTER
TOTAL PROJECT COST
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12%OF TOTAL PROJECT COST (MAXIMUM ALLOWED(
CONSTRUCTION COSTS - 88% OF TOTAL PROJECT COST
OCED FUNDING
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12%OF OCED FUNDING (MAXIMUM ALLOWED)
• CONSTRUCTION COSTS -88%0F OCED FUNDING
3'i01,000
0240.000
$550.000
S0
SO
SO
SO
SO
S990,550
S990,550
$990,550
S990,550
REALE CO NOT ALTER
TIE CELLS WADED N
O8EHI LA80VE). EACN
CONTAINS A FORYIAA
PAGE 2OF 2
Contract Records
Federal Award
Awardee
Subcontractor
Subcontract
Department
Subgrant Agreement
CDBG 2005 DRI
Municipality
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
Disaster Recovery Inititiave #08-DB-D3-11-23-01-A01
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND THE
THE CITY OF MIAMI
This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City
of Miami, A municipal government organized under the laws of the State of Florida hereinafter referred to as
the "Awardee".
The parties agree:
I. Definitions
PHCD Public Housing and Community Development or its successor
Department
24 CFR Part 570 - CDBG
Community Development
Corporation
Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended - Community
Development Block Grant
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of low -and moderate -income area
residents and which is receptive to the needs expressed by the
community.
Low- and Moderate- Income Person A member of low -and moderate -income family i.e., a family whose
income is within specified income limits set forth by U.S. HUD.
Any and all books, records, documents, information, data, papers,
letters, materials, electronic storage data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed, maintained, completed, received or, compiled by
or at the direction of the Awardee or any subcontractor in carrying out
the duties and obligations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, maps, pamphlets, designs, electronic tapes, computer
drives and diskettes or surveys.
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.
Recipient of CDBG funds from Miami Dade County.
Any individual or firm hired on a contractual basis by the Awardee for
the purpose of performing work or functions cited on the Action Step
Format (Attachment "A) of this contract.
Any contractual agreement between a Subcontractor and the Awardee.
State of Florida, Department of Community Affairs
Federally -funded Disaster Recovery Inititative Subgrant Agreement
entered into between the County and the Department for 2005
Community Development Block Grant Supplemental Disaster Recovery
Inititative funds -Attachment G
1
11. The Awardee Agrees:
A. Type of Activity
The Awardee shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Miami -Dade.
B. Insurance
To comply with Miami -Dade County's insurance requirements as well as any relevant
state of Florida insurance requirements.
C. Indemnification
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. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section
768.28 Fla Stat., subject to the provisions of that Statute whereby the Awardee shall
not he held liable to pay a personal injury or property damage claim or judgment by
any one person which exceeds the sum of $100,000, or any claim or judgment or
portions thereof, which, when totaled with all other claims or judgment paid by the
Awardee arising out of the same incident or occurrence, exceed the sum of $200,000
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 Awardee. The
provisions of this section survive the termination or expiration of this agreement.
D. Documents
The Awardee shall submit documents to PHCD as described below or any other
document in whatever form, manner, or frequency as prescribed by PHCD. These
will be used for monitoring progress, performance, and compliance with this
contract and for compliance with applicable County and Federal requirements.
1. 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, "Scope of Services."
The Awardee shall ensure that PHCD receives each report in triplicate
(or as indicated) no later than April 10, 2012, July 10, 2012, and
October 10, 2012
b. Quarterly Reporting when Subcontractors are Utilized
2
Awardees are advised that when subcontractors or sub -consultants
are utilized to fulfill the terms and conditions of this contract, Miami -
Dade County Resolution No. 1634-93 will apply to this contract. This
resolution requires the selected Awardees to file quarterly reports as
to the amount of contract monies received from the County and the
amounts thereof that have been paid by the Awardee directly to Black,
Hispanic and Women -Owned businesses performing part of the
contract work.
Additionally, the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt of
such monies. For purposes of applicability, the requirements of this
resolution shall be in addition to any other reporting requirements
required by law, ordinance or administrative order.
The Awardee shall submit to PHCD a cumulative account of its
activities under this agreement by completing the following portions
of the Progress Report Form:
Section I - Status of Contracted Activities:
The Awardee must report specific information regarding the status of
the contracted activities, including accomplishments and/or delays
encountered during the implementation of the project and an
unduplicated count of clients served during the reporting period (if
applicable) for each federally defined ethnic category. Awardees
engaged in construction and/or housing rehabilitation projects shall
report on the progress of their activities including the number of
housing units completed and occupied by low -moderate and low
income -residents. The Awardee shall also report emographic
information on each head of household. Each goal and corresponding
objective(s), as indicated in the approved Scope of Services, must be
addressed as part of this report.
Section II - Fiscal Information:
The Awardee must report expenditure information based on approved
budgeted line items to reflect all costs incurred during the reporting
period. In addition, the Awardee shall report on Program Income
Usage for each contracted activity.
Section III - Minority Business Enterprise:
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
April 8, 2012 and October 7, 2012.
Section IV - Neighborhood Employment Opportunities:.
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) - The Awardee shall report to PHCD the
number of focus . 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 fonn shall be completed semiannually by the Awardee
and submitted to PHCD no later than April 8, 2010 and October 7,
2010.
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 carryout 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 D.4. of this contract. Copies of
the above described Progress Report shall be received by PHCD no
later than the tenth (10th) business day of each month and shall
address the progress undertaken by the Awardee during the previous
month. This Progress Report shall not be required if the Awardee is
submitting the Progress Reports required by Section II, Paragraph
D.1.a and Paragraph D.3.
2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a
cumulative status report (hereinafter referred to as "Annual Report") using
the "Progress Report" specified in Section II, Paragraph D.1.a. above, which
shall describe the progress made by the Awardee in achieving each of the
objectives identified in Attachment A during the previous year_ The "Annual
Report" must cover the CDBG fiscal year of January 1, 2012 through July 31,
2012 and shall be received by PHCD no later than October 10, 2012.
3. 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 contract, shall submit information detailing the location
of each site for which a Site Environmental Clearance Statement, will be
prepared as described in Article II, Section E.5. of this contract set forth
below. The Environmental Review is to be prepared on information
contained in Attachment E, "Information for Environmental Review."
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 Housingand
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.
4. Audit Report - The Awardee shall submit to PHCD an annual audit report in
triplicate as required by Section II, Paragraph I of this contract 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.
5. 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 Q
of this contract.
6. Affirmative Action Plan - The Awardee shall report to PHCD information
relative to the equality of employment opportunities whenever so requested
by PHCD.
E. Participation in the CDBG Program
1. The Awardee shall maintain current documentation that its activities meet
one of the three (3) CDBG national objectives:
a. To benefit low- and moderate -income persons;
b. To aid in the prevention or elimination of slums or blight;
c. To meet community development needs having a particular
urgency.
2. For activities designed to meet the national objective of benefit to low- and
moderate -income persons, the Awardee shall ensure and maintain
documentation that conclusively demonstrates that each activity assisted in
whole or in part with CDBG funds is an activity which provides benefit to no
less than 51% of low- and moderate -income persons.
3. 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.
4. 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 57 0.606(b): (b) the
requirements of 24 CFR 670.606 (c) governing the Residental
Antidisplacement and Relocation Assistance plan under section 104(d) of the
HCD Act; and (c) the requirements in 570.606 (d) governing optional
relocation policies. (The County may preemept the optional policies). The
Awardee shall provide relocation assistance to persons (families,
individuals, businesses, non-profit organizations and farms) that are
displaced as a direct result of acquisition, rehabilitaion, demolition or
conversion for a CDBG assisted project. The Awardee also agrees to comply
with applicable County ordinances, resolutions and policies concerning the
displacement of persons from their residences.
5. 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.
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
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to the provisions of this contract. 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. The Awardee shall, to the greatest extent possible, give low- and moderate -
income residents of the service areas opportunities for training and
employment.
8. 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 Urban
Development Unit 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.
9. The Awardee shall adopt Affirmative Marketing PrPHCDures and
requirements for CDBG assisted projects. These prPHCDures must consist
of actions to provide information and attract eligible persons from all racial,
ethnic and gender groups to the available services. The Awardee shall
annually assess its affirmative marketing program to determine if the
prPHCDures 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.
10. For any Housing activities, the Awardee shall successfully complete the
Community Development coursework conducted by the Local Initiatives
Support Corporation, which will be held at Florida International University
throughout the current contract period. The Awardee shall provide written
notification to PHCD, no later than 30 days after the completion of the
coursework. This requirement may be waived in the sole discretion of PHCD
for Awardees who demonstrate knowledge of real estate development and
organizational management theory. PHCD shall consider such waiver upon
receipt of the written request by the Awardee:
11. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding his compliance with the national objective, and
PHCD will have the right to monitor the activity.
12. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
F. Federal, State, and County Laws and Regulations
1. RULES, REGULATIONS AND LICENSING REQUIREMENTS
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
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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 24 CFR Part 85, OMB A-128,
OMB A-87, and with the applicable prPHCDures specified in PHCD's Contract
Compliance Manual, which are incorporated herein by reference, receipt of
which is hereby acknowledged, and as they may be revised.
2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973,
as amended, which prohibits discrimination on the basis of handicap; Title VI
of the Civil Rights Act of 1964, as amended, which prohibits discrimination on
the basis of race, color, or national origin; the Age Discrimination Act of 1975,
as amended, which prohibits discrimination on the basis of age; Title VIII of
the Civil RightsAct 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 and Conservation Act
(Pub.L 94-163) which requires mandatory standards and policies relating to
energy efficiency.
The Provider 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 Provider.
3. If the amount payable to the Awardee pursuant to the terms of this contract 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 Department of Business
Development. Said firms must also submit, as a part of their proposals/bids
to be filed with the Clerk of the Board, an appropriately completed and signed
Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are
exempt from this requirement and must submit, in writing, a detailed listing
of their Boards of Directors, showing the race or ethnicity of each board
member, to the County's Department of Business Development. Firms
claiming exemption must submit, as a part of their proposals/bids to be filed
with the Clerk of the Board, an appropriately completed and signed
Exemption Affidavit in accordance with Ordinance 98-30. These submittals
shall be subject to periodic reviews to assure that the entities do not
discriminate in their employment and procurement practices against
minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross
annual revenues to determine the requirement for compliance with the
Ordinance. Those firms that do not exceed $5 million annual gross revenues
must clearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for
award by the Board of County Commissioners.
7. Domestic Violence Leave Affidavit : Prior to entering into any contract with
the Couty, a firm desiring to do business with the County shall, as a
condition of award, certify that it is in compliance with the Domestic Leave
Ordinance, 99-5 and Section 11A-60 of the Miami -Dade County Code. This
Ordinance applies to employers that have, in the regular course of business,
fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or
preceding calendar year. In accordance with Resolution R-185-00, the
obligation to provide domestic violence leave to employees shall be a
contractual obligation. The County shall not enter into a contract with any
firm that has not certified its compliance with the Domestic Leave Ordinance.
Failure to comply with the requirements of Resolution R-185-00, as well as
the Domestic Leave Ordinance may result in the contract being declared void,
the contract being terminated and/or the firm being debarred.
8. Code of Business Ethics: In accordance with Section 2-8.1(1) of the Code of
Miami -Dade County each person or entitiy that seeks to do business with
Miami -Dade County shall adopt a Code of Business Ethics ("Code") and shall
submit an affidavit stating that the Awardee has adopted a Code that
complies with the requirements of Section 2-8.1(i) of the Miami -Dade County
Code (Form A-12).
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 contract shall be
terminated on the discretion of Miami -Dade County. Further, should the
Awardee be placed on the list at any time during this contract 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 any attesting firm, or any owner, subsidiary, or other firm affiliated with or
related to the attesting firm, 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 such attesting firm. 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
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
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.G. Section 3601-3631.
G. Conflicts with Applicable Laws
If any provision of this contract conflicts with any applicable law or regulation
including but not limited to, 24 CFR 570, only the conflicting provision shall be
9
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 contract, as modified, shall continue and all other provisions of this
contract shall remain in full force and effect. The County's determination on whether
a provision conflicts shall be final and binding.
H. 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 K of this
contract, 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
prPHCDures 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 prior 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 K prior to
scheduling a pre -construction conference.
In accordance with industry standards, PHCD will hold 10% of the total grant
award as a retainer until the completion of the construction work is verified
by PHCD through a Certificate of Occupancy.
7. The County shall have the right to assign the Community Builders Division of
the Public Housing and Community Development to assist the project if the
county's staff determines that the Awardee has been unable to consistently
achieve the work and units described within the time frames of the action
step format of this agreement. Such involvement will result in a reduction of a
maximum of 5% of the agreement's award to cover the cost of the technical
assistance. The Awardee shall cooperate and comply with all requests made
by the Community Builders Division of the Public Housing and Community
Development.
8. Execute a restrictive covenant with Miami -Dade County for the grant award
and the use of the land to ensure its use as a CDBG project site as defined
and described in Attachment "A" of this agreement.
I. Audits and Records
1. The Awardee expending $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB
A-133. The Awardee 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
10
may be required to conduct audits of those programs in accordance with
regulations of the federal agencies providing those guarantees or loans.
2. The Awardee expending Tess 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 Awardees 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 prPHCDures (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, or when the Awardee elects to
comply with OMB A-133, an audit shall be conducted for each fiscal year for
which federal awards attributable to this contract 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 (6) months following the end of the
Awardee's fiscal year.
4. The Awardee shall maintain all Contract Records in accordance with
generally accepted accounting principles, procedure, 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
contract.
5. The Awardee shall maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services" outlined in Attachment A
in this contract.
6. 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.
7. 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 contract and defined by
PHCD, each of the record -keeping and audit requirements detailed in this
contract. 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.
8. 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 the Agreement and upon request make them available to the
County for three years following expiration of the Agreement. The Awardee
11
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.
9. The Awardee shall ensure that its auditors share their audit results with
PHCD. The auditors must submit the completed monitoring instrument and
the audit report to PHCD within six months after the conclusion of the audit
period.
J. 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 contract.
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 contract 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 J.1.c., the Awardee must retain all contract records except
those relating to real and nonexpendable personal property.
d. For all CDBG assisted activities, the Retention Period for all contract
records relating to real and nonexpendable personal property shall
begin upon the date of the final disposition of the property.
2. If the County or the Awardee have received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of
the services provided pursuant to the terms of this contract, 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
contract records during the required Retention Period.
4. The Awardee shall notify PHCD in writing, both during the pendency of this
contract and after its expirations part of the final close-out procedures, of the
address where all contract records will be retained.
5. The Awardee shall obtain written approval of PHCD prior to disposing of any
contract records within one year after expiration of the Retention Period.
K. Provision of Records
1. The Awardee shall provide to PHCD, upon request, all contract records.
These records shall become the property of PHCD without restriction,
reservation, or limitation of their use. PHCD shall have unlimited rights to all
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books, articles, or other copyrightable materials developed for the purpose of
this contract. 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 regulated by 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
regulatory agencies issuing the reports.
3. MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEW
According to Section 2-1076 of the Code of Miami -Dade County, as amended
by Ordinance No. 99-63, Miami -Dade County has established the Office of the
Inspector General which may, on a random basis, perform audits on all
County contracts, throughout the duration of said contracts, except as
otherwise provided below. The cost of the audit of any Contract shall be one
quarter (1/4) of one (1) percent of the total contract amount which cost shall
be included in the total proposed amount. The audit cost will be deducted by
the County from progress payments to the selected Awardee. The audit cost
shall also be included in all change orders and all contract renewals and
extensions.
a. Exception: The above application of one quarter (1/4) of one percent
fee assessment shall not apply to the following contracts: (a) IPSIG
contracts; (b) contracts for legal services; (c) contracts for financial
advisory services; (d) auditing contracts; (e) facility rentals and lease
agreements; (f) concessions and other rental agreements; (g)
insurance contracts; (h) revenue -generating contracts; (I) contracts
where an IPSIG is assigned at the time the contract is approved by
the Commission; (j) professional service agreements under $1,000;
(k) management agreements; (1) small purchase orders as defined in
Miami -Dade County Administrative Order 3-2; (m) federal, state and
local government -funded grants; and (n) interlocal agreements.
Notwithstanding the foregoing, the Miami -Dade County Board of
County Commissioners may authorize the inclusion of the fee
assessment of one quarter (1/4) of one percent in any exempted
contract at the time of award.
Nothing contained above shall in any way limit the powers of the Inspector
General to perform audits on this contract.
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 contract.
L. Prior Approval
The Awardee shall obtain prior written approval from PHCD prior to undertaking any
of the following:
1. The engagement or execution of any subcontracts or contract 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
13
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.
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 Q.1. of this contract.
6. All 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 H of this
contract.
9. The disposal of all contract records as provided for in Section II, Paragraph J
of this contract.
M. Monitoring
The Awardee shall permit PHCD and other persons duly authorized by PHCD to
inspect all contract 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 contract, 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.
N. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36
for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and
covenants that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of services requried under this Agreement. The Awardee
further covenants that in the performance of this Agreement no person having such
a financial interest shall be employed or retained by the Awardee hereunder. These
conflict of interest provisions apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the County, or of any
designated public agencies or subrecipients which are receiving funds under the
CDBG Entitlement program.
The Awardee shall submit to PHCD within five days of execution of this contract 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 contract or its subsequent amendments.
➢ Requests for budget revisions.
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> Requests for approval of subcontracts.
Non-compliance with the above requirements will be considered a breach of
contract, which will result in the immediate termination of the agreement, the
recovery of the entire funding award, and the disqualification of funding through
PHCD for a period of three years.
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.
O. Publicity, Advertisements and Signage
1. The Awardee shall ensure that all publicity, public relations and
advertisements and signs, recognize the Miami -Dade Public Housing and
Community Development (PHCD) and Community Development Block Grant
(CDBG) 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. All signs used to publicize PHCD contracted
activities must be approved by PHCD prior to being posted and must also
meet the standard specifications as established by PHCD. The use of the
official Miami -Dade PHCD logo is permissible
2. The Awardee shall furnish, erect and maintain construction signs in
accordance with sketch included in these contract documents. The signs
shall be made of % inch thick marine plywood, newly painted and lettered
according to the accompanying sketch. The signs shall be painted and
lettered in accordance with professional outdoor sign painting standards as
to layout, symmetry, proportion, clarity and neatness and use of weather -
resistant colors and materials. The Awardee shall place the signs, securely
braced and mounted, as shown on the typical project sign placement
diagram or as directed by the engineer. All materials shall be provided by the
Awardee and the signs shall remain in the property of the Owner at the
completion of the contract. 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. For this
project signs will be required. Payment for furnishing, installing and
maintaining the sign shall be under the bid amount for mobilization.
P. Procurement
The Awardee must take affirmative steps to procure supplies, equipment,
construction, or services to fulfill this contract 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 contract. 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 focus 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 financial assistance toward Target Area
residents and ensure that employment and economic opportunities be given to low
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and very low -Income persons, particularly those who are recipients of govemment
assistance for housing according to the guidelines mentioned below:
1. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
170Iu (section. 3).. The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD- assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part
135, which implement section 3. As evidenced by their execution of this contract, the
parties to this contract 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 contract 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 contract for default, and debarment or suspension from future
HUD assisted contracts.
7. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
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 contract 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
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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 attached
Form A-7.2). - Awardees who fail to provide a statement of their policies and
procedures may not be recommended by the County Manager for award by the Board
of County Commissioners.
The term "local" means having headquarters located in Miami -Dade County or
having a place of business located in Miami -Dade County from which the contract or
subcontract will be performed.
The term "subcontractor" means a business independent of a Awardee that may
agree with the Awardee to perform a portion of a contract.
The term "subcontract" means an agreement between a Awardee and a
subcontractor to perform a portion of a contract between the Awardee and the
County.
Q. Property
1. Definitions
a. Real Property: Land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical existence
such as patents, inventions, and copyrights
c. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $500 or more per item, with a
normal expected life of one or more years, not fixed in place, and not
an integral part of a structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other
than nonexpendable property.
2. The Awardee . shall comply . with the real property requirements as stated
below:
a. Any real property under the Awardee's control that was acquired or
improved in whole or in part with CDBG funds received from PHCD in
excess of $25,000 shall be either:
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1) Used to meet one of the three (3) CDBG national objectives
until five years after the expiration or termination of this
contract, 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 Awardee such longer period
as determined by PHCD then the Contract or shall 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.
Reimbursement . is not . required after the period of time
specified in Paragraph Q.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
contract, in accordance with instructions from PHCD.
c. All real property purchased or improved in whole or in part with funds
from this and previous contracts with PHCD, or transferred to the
Awardee after being purchased in whole or in part with funds from
PHCD, shallbe listed in the property records of the Awardee and shall
include a legal description; size; date of acquisition; value at time of
acquisition; present market value; present condition; address or
location; owner's name if different from the Awardee; information on
the transfer or disposition of the property; and map indicating
whether property is in parcels, Tots, 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 T.2.c., above.
3. 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 contracts 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;
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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 contracts 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 Q.3.a., above.
c. Title (ownership) to all nonexpendable personal property purchased
in whole or in part with funds given to the Awardee pursuant to the
terms of this contract shall vest in the County and PHCD.
4. 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 contract. 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.
R. 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 contract 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 Contract Compliance Manual. If any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions of this contract, the provisions of this
contract shall rule.
b. 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. If the Awardee requests to
use Program Income, the Awardee shall report to PHCD all cumulative
Program Income generated from activities financed in whole or in part
by funds from this contract. This information, along with a check
payable to Miami -Dade County for the generated Program Income,
must be submitted quarterly as part of the Fiscal Section of the
Awardee's Progress Report as outlined in Section II, Paragraph D.2.a.
c. The Awardee shall report Program Income for as long as it receives
and/or has control over Program Income generated from this and any
previous contracts with PHCD.
d. 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
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provisions of this contract shall apply to any activity performed using
Program Income.
e. Subject to the limitations set forth in this paragraph, the Awardee may
use program income to fund any CDBG eligible activity as provided
for and defined by 24 CFR Part 570 et seq.
f. Program income from a revolving loan activity must be used only for
the same revolving loan activity.
g. 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.
h. 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.
i. Any proceeds from the sale of property as detailed in Section II,
Paragraph Q.4., above, shall be considered program income.
The Awardee shall obtain, as part of the required audit report,
validation by a certified auditor of all program generated income and
its disposition.
3. Upon expiration or termination of this contract 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 attributable 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 a 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
contracts.
S. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel
expenses shall conform to the requirements of PHCD's Contract Compliance Manual.
T. Subcontracts and Assignments
1. Unless otherwise specified in this contract, 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 contract 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:
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a. Comply with all requirements and regulations specified in PHCD's
Contract Compliance Manual;
b. Identify the full, correct, and legal name of the party;
c. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price component;
e. Incorporate a provision requiring compliance with all applicable a
regulatory and other requirements of this contract 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 contract. PHCD
shall in its sole discretion determine when services are eligible
substantive programmatic services and subject to the audit and
record -keeping requirements described above, and;
f. Incorporate the language of Attachment E, "Certification Regarding
Lobbying."
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 prior to engaging any party who agrees to carry out any
substantive programmatic activities as may be determined by PHCD as
described in this contract. PHCD's approval shall be obtained prior to the
release of any funds for 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
contract or the right to receive benefits or payments resulting from this
contract.
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 this contract.
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. The
Awardee agrees that it will not change or substitute subcontractors or
suppliers from the list without prior written approval from PHCD.
U. Additional Funding
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The Awardee shall notify PHCD of any additional funding received for any activity
described in this contract. Such notification shall be in writing and received by PHCD
within thirty (30) days of the Awardee's notification by the funding source.
V. 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 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 contract as it may be revised with the
prior written approval by PHCD.
2. Requests for payment 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 for payment within 30 days after the
month in which the expenditures were incurred, Failure to comply mayresult
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 contract 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 contract
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 and 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 payments will be made without evidence of appropriate insurance
required by this contract. Such evidence must be on file with PHCD and the
County's Risk Management Division. 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 contract. If the Awardee fails to comply with
this requirement, the Awardee will forfeit all rights to payments if PHCD, in its
sole discretion, so chooses.
7. Within thirty (30) calendar days after this contract expires or is terminated,
the Awardee shall provide to PHCD a list of all invoices and costs that relate
to this contract's approved Budget and that have not been submitted to
PHCD. Any invoice received by PHCD, subsequent to receipt of this list by
PHCD which reflects a cost not included on this list will not be paid.
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8. All monies paid to the Awardee which have not been usedto retire
outstanding obligations of this contract must be refunded to PHCD in
accordance with PHCD's Contract Compliance Manual.
9. Any unexpended funds remaining after the completion of the services under
this contract, or after termination of this contract for any reason, shall be
recaptured in full by the County.
10. In the event the County determines that the Awardee has breached the terms
of this agreement and that the County is entitled to return of any or all of the
funds awarded under this contract, Awardee agrees to and shall assign any
proceeds to the County from any contract 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.
W. Reversion of Assets
The Awardee shall return to PHCD, upon the expiration or termination of this contract
all assets, owned or held by Awardee as a result of this contract, 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 contract 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 and UCC financing
statements, as required by the County to effectuate the reversion of assets.
Ill. The County Agrees:
Subject to the. availability of funds, to pay for contracted activities according to the terms
and conditions contained within this contract in an amount not to exceed $315,309.00
IV. The Awardee and PHCD Agree:
A. Effective Date
1. This contract shall begin on January 1, 2012. Any costs incurred by the
Awardee prior to this date will not be reimbursed by the County.
2. This contract shall expire on July 31, 2012. Any costs incurred by the
Awardee beyond this date will not be reimbursed by the County. The term of
this agreement and the provisions herein may be extended by the County to
cover any additonal time period during which the Awardee remains in control
of the CDBG funds or other assests, including Program Income to support
CDBG eligible activites. Any extension made pursuant to this paragraph shall
be accomplished by a writing by the County to the Awardee. Such notice
shall automatically become a part of this contract.
3. This contract may, at the sole and absolute discretion of the County and
PHCD, remain in effect during any period that the Awardee has control over
contract funds, including program income. However, the County shall have
no obligation or responsibility to make any payment, except those described
23
within Section II, Paragraph V, or provide any type of assistance or support to
the Awardee if this contract has expired or been terminated.
B. Suspension
1. PHCD may, for reasonable causes . as determined in PHCD's sole and
absolute discretion, temporarily suspend the Awardee's operations and
authority to obligate funds under this contract or withhold payments to the
Awardee pending necessary corrective action by .the Awardee or both.
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 contract funds by the Awardee or
any of its subcontractors;
b. Failure by the Awardee to comply with any term or provision of this
contract;
c. Failure by the Awardee to submit any documents required by this
contract; 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 contract.
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). PHCD will give the
Awardee reasonable opportunity to rectify any action or inaction referenced
above.
C. Termination
1. Termination at Will
This contract, in whole or in part, may be terminated by PHCD upon no less
than ten (10) working days notice when PHCD determines that it would be in
the best interest of PHCD and the County. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery.
2. Termination for Convenience
PHCD may terminate this contract, 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 contract without cause upon thirty (30) days written
notice. Upon receipt of such notice, the Awardee shall not incur any
additional cost under this contract. PHCD shall be liable only for reasonable
costs incurred by the Awardee prior to notice of termination. PHCD shall be
the sole judge of "reasonable costs."
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 contract become unavailable, PHCD may
terminate this contract 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 in determining whether or not funds are available. PHCD
may at its discretion terminate, renegotiate and/or adjust the contract award,
whichever is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the
Awardee through Board of County Commissioners action, the Awardee may,
at its discretion, request in writing from the Director of PHCD a release from
its contractual obligations to the County. The Director of PHCD will review
the effect of the request on the community and the County prior to making a
final determination.
5. Termination for Breach
PHCD may terminate this contract, in whole or in part, when PHCD
determines, in its sole and absolute discretion, that the Awardee is not
making sufficient progress thereby endangering the ultimate contract
performance, or is not materially complying with any term or provision of this
contract.
Unless the Awardee's breach is waived by PHCD in writing, PHCD may, by
written notice to the Awardee, terminate this contract 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 contract 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 contract. The provisions herein do not limit PHCD's right to legal or
equitable remedies.
6. Penalties for Fraud, Misrepresentation or Material Misstatement
In accordance with the Code of Miami -Dade County, Section 2-8.1.4, any
individual or corporation or other entity that attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material
misstatement, shall be terminated, whenever practicable, as determined by
the County.
The County may terminate or cancel any other contracts with such individual
or subcontracted entity it has with the County. Such individual or entity shall
be responsible for all direct and indirect costs associated with such
termination or cancellation, including attorney's fees.
The foregoing notwithstanding, any individual or entity who attempts to meet
its contractual obligations with the County through fraud, misrepresentation
or material misstatement may be disbarred from County contracting for up to
five (5) years.
7. Payment Settlement
If termination occurs, the Awardee will be paid for allowable costs incurred in
carrying out activities required by this contract up to the date and time of
termination.
D. Renegotiation or Modification
1. Modifications of provisions of this contract shall be valid only when in
writing and signed by duly authorized representatives of each party. The
parties agree to renegotiate this contract if PHCD, in its sole and absolute
discretion determines that federal, state, and/or County revisions of any
applicable laws or regulations, or increases or decreases in budget
allocations make changes in this contract necessary. PHCD shall be the final
authority in determining whether or not funds for this contract are available
due to Federal, state and/or County revisions of any applicable laws or
regulations, or increases or decreases in budget allocations.
2. CONTRACT EXTENSION
The County shall have the right to exercise an option to extend this contract
for up to one year beyond the current Contract period and will notify the
Awardee(s) in writing of the extension. This contract may be extended
beyond the initial year extension period upon mutual agreement between the
County and the Awardee(s), upon approval by the Director of the Public
Housing and Community Development.
E. Right to Waive
PHCD may, for good and sufficient cause, as determined by PHCD in its sole and
absolute discretion, waive provisions in this contract 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 contract. -
PHCD's failure to exercise any of its rights under this contract 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.
F. 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 Contract Compliance Manual. These revisions
shall not require a contract amendment unless the amount of this contract 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.
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 working days of the action; written notification will
constitute a contract 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 Service, when required, will be
negotiated to the mutual satisfaction of both parties.
26
3. Revisions to the CDBG eligibility activity titles under which this contract's
objectives are classified as noted in the Scope of Services shall not require a
contract amendment.
G. Disputes
In the event an unresolved dispute exists between the Awardee and PHCD, PHCD
shall refer the questions, including the views of all interested parties and the
recommendation of PHCD, to the County Manager for determination. The County
Manager, or an authorized representative, will issue a determination within thirty (30)
calendar days of receipt and so advise PHCD and the Awardee or in the event
additional time is necessary, PHCD will notify the Awardee within the thirty (30) day
period that additional time is necessary. The Awardee agrees that the County
Manager's determination shall be final and binding on all parties.
H. Headings
The section and paragraph headings in this contract are inserted for convenience
only and shall not affect in any way the meaning or interpretation of this contract.
I. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its
contracts to the County Manager for bidding and award in accordance with County
policies and procedures.
J. Proceedings
This contract shall be construed in any manner pertaining or relating to this contract
shall, to the extent permitted by law, be held in Miami -Dade County, Florida.
K. Independent Private Sector Inspector General Reviews
1. Miami -Dade County has established the Office of the Office of Inspector
General which is empowered to perform random audits on all County
contracts throughout the duration of each contract. Grant recipients are
exempt from paying the cost of the audit which is normally 1/4 of 1% of the
total contract amount.
The Miami -Dade County Inspector General is authorized and empowered to
review past, present and proposed County and Public Health Trust programs,
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.
The Inspector General is empowered to analyze the necessity of and
reasonableness of proposed change orders to the Contract. The Inspector
General is empowered to retain the services of independent private sector
inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal
submittals, activities of the Provider, its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector
General or IPSIG retained by the Inspector General, the Provider shall make
27
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
Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, 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 contract 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.
The provisions in this section shall apply to the Provider, its officers, agents,
employees, subcontractors and suppliers. The Provider shall incorporate the
provisions in this section in all subcontractors andall other agreements
executed by the Provider in connection with the performance of the contract.
Nothing in this contract shall impair any independent right of the County to
conduct audit or investigative activities. The provisions of this section are
neither intended nor shall they be construed to impose any liability on the
County by the Provider or third parties. The Awardee is aware that Miami -
Dade County Office of the Inspector General has the right to perform ramdom
audits on all county contracts throughout the duration of each contract.
Grant Recipients are exempt from paying the costs of the audit, which is
normally'/, of 1% of the total contract amount.
L. Notice and Contact
PHCD's representative for this contract is Ronald Jones. The Awardee's
representative for this contract is Maria T. Ason. The Awardee's principal office is at
444 S.W. 2nd Avenue, Miami, Florida 33130. The Awardee's telephone number is
(305)416-1971.
In the event that different representatives are designated by either party after this
contract is executed, or the Awardee changes its address, notice of the name of the
new representative or new address will be rendered in writing to the other party and
said notification attached to originals of this contract.
M. Name and Address of Payee
When payment is made to the Awardee's assignee,, the name and address of the
official payee is: N/A
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
Contract, 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.
28
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this
contract, including any rights, title or interest therein, or its power to execute such
contract 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
P. 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.
Q. All Terms and Conditions Included:
This contract and its attachments as referenced (Attachment A - Scope of Services;
Attachment Al — Action Steps; Attachment B - Budget; Attachment C - Progress
Report; Attachment D - Information for Environmental Review; Attachment E -
Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and
Signage) contain all the terms and conditions agreed upon by the parties.
29
CDBG 2005 DRI
Municipality
IN WITNESS THEREOF, the parties hereto have caused this thirty page (30) page contract to be
executed by their undersigned officials as duly authorized, this day of 2012.
AWARDEE:
City of Miami
BY:
NAME:
DATE:
1Y111 r�(Cf_t.�iY► >Z
WITNESSETH:
MIAMI-DADE COUNTY
BY:
NAME: Carlos A. Gimenez
TITLE: Mayor
ATTEST:
BY: ' BY:
(Signature)
Type or Print Name
DATE:
BY:
TITLE: Clerk, Board of County Commissioners
NAME: ` Calvin Ellis, Risk Man a t' t Adinistrator
DATE: +I ,
BY:
NAME: Julie O. Bru, City Attorney
DATE:
ATTES�
BY:
°.
Correctness:
NAME: Priscilla A. Thompson, -City Clerk
At
DATE:
CORPORATE SEAL:
Federal ID Number: 59-6000375
Resolution #:
Index Code:
Contractor's Fiscal Year Ending Date: September 30
AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
30
AGENCY NAME:
ACTIVITY:
FUNDING SOURCE:
AMOUNT:
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES):
PROPOSED A�OMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
APPROVED
CITY OF MIAMI
TOWN PARK VILLAGE I, MULTIUNIT RESIDENTIAL
CDBO DR 2005
',WISE. .ef< n
S315,309
S315,309
S
75
HOUSING UNITS
ATTACHMENT 'A'
QUARTER
ACTION STEP CATEGORY
CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY
COMPLETION SERVICE UNITS
APPROVED APPROVED
CUMULATIVE
PROJECTED
PAYMENT LEVEL
APPROVED
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATNE CUMULATNE
PERCENTAGE OF
COMPLETION SERVICE UNITS RETAISURSEMENTS
INT QUARTER
JAN 2012
PREPARE LEGISLATION TO AMEND CONTRACT BETWEEN CITY AND COUNTY
AMEND CONTRACT BETWEEN OWNER AND CONTRACTOR
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
10.0
0
S0
2ND QUARTER
A.Pr112010
AMEND ROUND 1 CONTRACT BETWEEN CITY AND COUNTY
ORDER WINDOWS AND DOORS TO MANUFATURER
DAVIS- BACON AND SECTION 3
ISSUANCE OF PERMITS
RELEASE NOTICE TO PROCEED
INSTALLATION OF WINDOWS AND DOORS
PAYMENT REQUEST SUBMITTAL
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
-
90.0
88
5315
309
3RD QUARTER
JULY 2012
COMPLETION OF PROJECT (NO LATER THAN JUNE 2012)
CLOSE OUT OF PROJECT MONITORING
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
0.0
0
SO
PAGE 1 OF 2
APPROVED
AGENCY NAME: CITY OF MIAMI
ACTIVITY: TOWN PARK VILLAGE I, MULTI -UNIT RESIDENTIAL
FUNDING SOURCE: 6DBODR 2005
AMOUNT
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES);
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
$315,309
$315,309
75
HOUSING UNITS
AT TACHMENT'A'
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL
QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
COMPLETION SERVICE UNITS REIMBURSEMENTS
NOTE: THE PROJECTS CONSTRUCTION SCHEOULE .0R- GANT CHART MUST BE SUBMITTED TO OCED BY
PROJECTED COMPLETION DATE IS BEFORE JUNE 2012.
1ST QUARTER
2ND QUARTER
3RD QUARTER
4TH QUARTER
5TH QUARTER
8TH QUARTER
7TH QUARTER
8TH QUARTER
TOTAL PROJECT COST
PRE -DEVELOPMENT IPRE-CONSTRUCTION) 12% OF TOTAL PROJECT COST (MAXIMUM ALLOWED)
CONSTRUCTION COSTS - 88% OF TOTAL PROJECT COST
OCED FUNDING
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12%0F OCED FUNDING (MAXIMUM ALLOWED(
CONSTRUCTION COSTS - 88% OF OCED FUNDING
0.0
50
$315,309
50
00
i0
TO
50
50
5315,309
50
8315,309
$315,309
ID
$315,309
RIME 00 NOT ALTER
t1LE CELLS SHADED IN
GREEN {ABOVE). EACH
CONTAINS A FORMULA
0 50
PAGE 2 OP 2
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
COST ALLOCATION BUDGET CDBG-SDR II
CODE
4020
HARD COSTS
Town Park Village I
Total Amount:
CITY
0
ATTACHMENT B
FINANCING SOURCES
COUNTY
CDBG DR2005
315,309.00
315,309.00
TOTAL COSTS
315,309.00
315,309.00
TOTAL PROJECT COST
$ 315,309.00
$ 315, 309.00
City of Miami
Legislation
Resolution: R-12-0166
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00422 Final Action Date:4/12/2012
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING MIAMI-DADE
COUNTY'S RECAPTURE OF $470,416 FROM THE COMMUNITY DEVELOPMENT
BLOCK GRANT ("CDBG") DISASTER RELIEF INITIATIVE ("DRI") ROUND II
CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI AWARD
OF $2,776,264, PROVIDING FOR AN AMENDED AWARD AMOUNT OF
$2,305,848; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A
SEPARATE CDBG DRI ROUND II CONTRACT BETWEEN MIAMI-DADE COUNTY
AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THE PURPOSE OF PROVIDING ADDITIONAL CDBG DRI FUNDS
RECEIVED UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND
EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, ALSO
KNOWN AS DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, IN THE AMOUNT OF
$315,309, FOR THE REHABILITATION OF THE TOWN PARK VILLAGE 1
PROJECT THAT SUFFERED HURRICANE DAMAGE.
WHEREAS, pursuant to the Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, Community Development Block Grant ("CDBG") disaster relief
funding was made available to the State of Florida by the United States Department of Housing and
Urban Development; and
WHEREAS, in 2006, Miami -Dade County ("County") was allocated the amount of $16,000,000,
to be shared by all municipalities in the County based on need and the project of which the City of
Miami ("City") was awarded the amount of $2,000,000; and
WHEREAS, in August of 2007, the County received an amount of additional $22 million under
the same appropriation for projects in the County; and
WHEREAS, the City and the County executed a CDBG Disaster Relief Initiative ("DRI") Round
II contract in the amount of $2,776,264 for projects which have been pre -approved by the County; and
WHEREAS, the County has recaptured $470,416 of the $2,776,264 award under the CDBG
DRI Round II contract; and
WHEREAS, the County is awarding $315,309 of CDBG DRI funds to the City under a separate
contract for the rehabilitation of the Town Park Village I project that suffered hurricane damage; and
WHEREAS, the City Administration recommends the acceptance of the recapture of $470,416
in connection with the CDBG DRI Round 2 contract and the authorization of the City Manager to
execute a separate CDBG DRI Round 2 contract accepting accept $315,309 in CDBG DRI funds for
the rehabilitation of the Town Park Village I Project;
City of Miami Page 1 of 2 File Id: 12-00422 (Version: 1) Printed On: 4/20/2012
File Number. 12-00422 Enactment Number: R-12-0166
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The acceptance of the County's recapture of $470,416 from the CDBG DRI Round
II contract between the County and the City award of $2,776,264, providing for an amended award
amount of $2,305,848, is authorized.
Section 3. The City Manager is authorized {1} to execute a separate CDBG DRI Round II
contract between the County and the City for the purpose of providing additional CDBG DRI funds
received under the Military Construction Appropriations and Emergency Hurricane Supplemental
Appropriations Act, a/k/a Disaster Recovery Program, from the United States Department of Housing
And Urban Development, in the amount of $315,309, for the rehabilitation of the Town Park Village I
project that suffered hurricane damage.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 1 of File Id: 12-00422 (Version: 1) Printed On: 4/20/2012
City of Miami
Master Report
Enactment Number: R-12-0166
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00422
File Type: Resolution Status: Mayor's Office for
Signature
Version: 1 Reference: Controlling Body: City Commission
File Name: Accepting County's recapture of funds from CDBG DRI Round Introduced: 4/11/2012
II Contract
Requester: Department of Community Cost: Final Action: 4/12/2012
Development
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING MIAMI-DADE COUNTY'S
RECAPTURE OF $470,416 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") DISASTER RELIEF INITIATIVE ("DRI") ROUND II CONTRACT BETWEEN
MIAMI-DADE COUNTY AND THE CITY OF MIAMI AWARD OF $2,776,264, PROVIDING FOR
AN AMENDED AWARD AMOUNT OF $2,305,848; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A SEPARATE CDBG DRI ROUND II CONTRACT BETWEEN
MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PURPOSE OF PROVIDING ADDITIONAL CDBG DRI FUNDS RECEIVED
UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE
SUPPLEMENTAL APPROPRIATIONS ACT, ALSO KNOWN AS DISASTER RECOVERY
'PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, IN THE AMOUNT OF $315,309, FOR THE REHABILITATION OF THE TOWN
PARK VILLAGE I PROJECT THAT SUFFERED HURRICANE DAMAGE.
Sponsors:
Notes:
Indexes:
Attachments: 12-00422-Agenda Item Summary Forrn.pdf,12-00422-Legislation.pdf,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Retum Date: Result:
1 Office of the City 4/12/2012 Reviewed and
Attorney Approved
1 City Commission 4/12/2012 ADOPTED Pass
City of Miami Page 1 Printed on 4/20/1012
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00422
Enactment Number R-12-0166
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING MIAMI-DADE
COUNTY'S RECAPTURE OF $470,416 FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT ("CDBG") DISASTER RELIEF INITIATIVE
("DRI") ROUND II CONTRACT BETWEEN MIAMI-DADE COUNTYAND THE
CITY OF MIAMI AWARD OF $2,776,264, PROVIDING FOR AN AMENDED
AWARD AMOUNT OF $2,305,848; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A SEPARATE CDBG DRI ROUND II CONTRACT
BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR THE PURPOSE OF PROVIDING
ADDITIONAL CDBG DRI FUNDS RECEIVED UNDER THE MILITARY
CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE
SUPPLEMENTAL APPROPRIATIONS ACT, ALSO KNOWN AS DISASTER
RECOVERY PROGRAM, FROM THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT, IN THE AMOUNT OF $315,309, FOR
THE REHABILITATION OF THE TOWN PARK VILLAGE I PROJECT THAT
SUFFERED HURRICANE DAMAGE.
WHEREAS, pursuant to the Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, Community Development Block Grant ("CDBG") disaster relief
funding was made available to the State of Florida by the United States Department of Housing and
Urban Development; and
WHEREAS, in 2006, Miami -Dade County ("County") was allocated the amount of $16,000,000,
to be shared by all municipalities in the County based on need and the project of which the City of
Miami ("City") was awarded the amount of $2,000,000; and
WHEREAS, in August of 2007, the County received an amount of additional $22 million under
the same appropriation for projects in the County; and
WHEREAS, the City and the County executed a CDBG Disaster Relief Initiative ("DRI") Round
II contract in the amount of $2,776,264 for projects which have been pre -approved by the County; and
WHEREAS, the County has recaptured $470,416 of the $2,776,264 award under the CDBG
DRI Round 11 contract; and
WHEREAS, the County is awarding $315,309 of CDBG DRI funds to the City under a separate
contract for the rehabilitation of the Town Park Village I project that,suffered hurricane damage; and
WHEREAS, the City Administration recommends the acceptance of the recapture of $470,416
in connection with the CDBG DRI Round 2 contract and the authorization of the City Manager to
execute a separate CDBG DRI Round 2 contract accepting accept $315,309 in CDBG DRI funds for
the rehabilitation of the Town Park Village I Project;
City of Miami Page 1 of 3 R-12-0166
File Number. 12-00422 Enactment Number. R-12-0166
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The acceptance of the County's recapture of $470,416 from the CDBG DRI Round
II contract between the County and the City award of $2,776,264, providing for an amended award
amount of $2,305,848, is authorized.
Section 3. The City Manager is authorized {1} to execute a separate CDBG DRI Round II
contract between the County and the City for the purpose of providing additional CDBG DRI funds
received under the Military Construction Appropriations and Emergency Hurricane Supplemental
Appropriations Act, a/k/a Disaster Recovery Program, from the United States Department of Housing
And Urban Development, in the amount of $315,309, for the rehabilitation of the Town Park Village I
project that suffered hurricane damage.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Date: APRIL 12. 2012
Mover: COMMISSIONER GORT
Seconder: COMMISSIONER SPENCE-JONES
Vote: AYES: 4 - COMMISSIONER(S) GORT, SARNOFF, SUAREZ AND SPENCE-JONES
ABSENT: 1 - COMMISSIONER(S) CAROLLO
Action: ADOPTED
Date: APRIL 20.2012
Action: SIGNED BY THE MAYOR
City of Miami Page 2 of 3 R-12-0166
File Number. 12-00422
Enactment Number. R-12-0166
1, Priscilla A. Thompson, City Clerk of the City of Miami, Florida, and keeper of the records thereof, do
hereby certify that this constitutes a true and correct copy of Resolution No. R-12-0166 passed by the
City Commission on 4/12/2012.
May 01, 2012
ity Clerk, Deputy Clerk (for P. A. Thompson, Date Certified
City Clerk)
1} The herein authorization is further subject to compliance with all requirements that may be imposed
by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
{2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 R-12-0166
City of Miami
Master Report
Enactment Number: R-12-0166
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00422
Version: 1
File Type: Resolution Status: Passed
Reference: Controlling Body: Office of the City
Clerk
File Name: Accepting County's recapture of funds from CDBG DRI Round Introduced: 4/11/2012
II Contract
Requester: Department of Community Cost: Final Action: 4/12/2012
Development
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING MIAMI-DADE COUNTY'S
RECAPTURE OF $470,416 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT
("CDBG") DISASTER RELIEF INITIATIVE ("DRI") ROUND II CONTRACT BETWEEN
MIAMI-DADE COUNTY AND THE CITY OF MIAMI AWARD OF $2,776,264, PROVIDING FOR
AN AMENDED AWARD AMOUNT OF $2,305,848; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A SEPARATE CDBG DRI ROUND II CONTRACT BETWEEN
MIAMI-DADE COUNTYAND THE CITY OF MIAMI, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PURPOSE OF PROVIDING ADDITIONAL CDBG DRI FUNDS RECEIVED
UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE
SUPPLEMENTALAPPROPRIATIONS ACT, ALSO KNOWN AS DISASTER RECOVERY
PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, IN THE AMOUNT OF $315,309, FOR THE REHABILITATION OF THE TOWN
PARK VILLAGE I PROJECT THAT SUFFERED HURRICANE DAMAGE.
Sponsors:
Notes:
Indexes:
Attachments: 12-00422-Agenda Item Summary Form.pdf,12-00422-Legislation.pdf,
History of Legislative File
Version: Acting Body:
Date: Action: Sent To:
Due Date: Return Date: Result:
Office of the City
Attorney
City Commission
City Commission
Office of the Mayor
4/12/2012 Reviewed and
Approved
4/12/2012
4/12/2012
4/20/2012
Office of the City Clerk 4/23/2012
ADOPTED
ADOPTED
Signed by the Mayor Office of the City
Clerk
Signed and Attested
by City Clerk
Pass
Pass
City of Miami Page 1 Printed on 5/1/2012
CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Department of Community Development
DEPT. CONTACT PERSON: Maria T. Ason EXT.1971
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Miami -Dade County Matter# 12-321 Sacha
IS THIS AGREEMENT AS A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? 0 YES ❑ NO
TOTAL CONTRACT AMOUNT: $315,309 FUNDING INVOLVED? ® YES 0 NO
TYPE OF AGREEMENT:
0 MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
0 GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
0 PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY Contract for Town Park Village I for Disaster Relief Round 2
PURPOSE OF ITEM (BRIEF SUMMARY) Disaster Relief Round I Contract between the City of Miami and Miami -Dade
County in the amount of $315,309 in CDBG for Town Park Village I protect.
COMMISSION APPROVAL DATE: 4 / 12 / 2012 FILE ID: 12-00422 ENACTMENT NO.: R-12-0166
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: 1�
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ROUTING INFORMATION'S
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SUBMITTED TO AND ATTESTED BY CITY CLERK
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ONE ORIGINAL TO CITY CLERK, ONE COPY TO CITY
ATTORNEY"S OFFICE, REMAINING ORIGINAL(S) TO
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EXECUTION BY THE CITY MANAGER
CDBG 2005 DRI
Municipality
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT
Disaster Recovery Inititiave #08-DB-D3-11-23-01-A01
GOVERNMENTAL CONTRACT BETWEEN
MIAMI-DADE COUNTY
AND THE
THE CITY OF MIAMI
This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City
of Miami A municipal government organized under the laws of the State of Florida hereinafter referred to as
the "Awardee".
The parties agree:
I• Definitions
DHCD
24 CFR Part 570 - CDBG
Community Development
Corporation
Department of Housing and Community Development or its successor
Department
Federal regulations implementing Title I of the Housing and
Community Development Act of 1974, as amended - Community
Development Block Grant
A local agency that is organized to meet community development
needs with particular emphasis on the economic development,
housing and revitalization needs of low -and moderate -income area
residents and which is receptive to the needs expressed by the
community.
Low- and Moderate- Income Person A member of low -and moderate -income family i.e., a family whose
income is within specified income limits set forth by U.S. HUD.
Contract Records Any and all books, records, documents, information, data, papers,
letters, materials, electronic storage data and media whether written,
printed, electronic or electrical, however collected, preserved,
produced, developed, maintained, completed, received or compiled by
or at the direction of the Awardee or any subcontractor in carrying out
the duties and obligations required by the terms of this contract,
including but not limited to financial books and records, ledgers,
drawings, maps, pamphlets, designs, electronic tapes, computer
drives and diskettes or surveys.
Federal Award
Awardee
Subcontractor
Subcontract
Department
Subgrant Agreement
Any federal funds received by the Awardee from any source during the
period of time in which the Awardee is performing the obligations set
forth in this contract.
Recipient of CDBG funds from Miami Dade County.
Any individual or firm hired on a contractual basis by the Awardee for
the purpose of performing work or functions cited on the Action Step
Format (Attachment "A) of this contract.
Any contractual agreement between a Subcontractor and the Awardee.
State of Florida, Department of Community Affairs
Federally -funded Disaster Recovery Inititative Subgrant Agreement
entered into between the County and the Department for 2005
Community Development Block Grant Supplemental Disaster Recovery
Inititative funds -Attachment G
1
I!. The Awardee Agrees:
A. Type of Activity
The Awardee shall carry out the activities specified in Attachment A, "Scope of
Services," in the County or the focus area(s) of Miami -Dade.
B. Insurance
To comply with Miami -Dade County's insurance requirements as well as any relevant
state of Florida insurance requirements.
C. Indemnification
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. Provided, however, this
indemnification shall only be to the extent and within the limitations of Section
768.28 Fla Stat., subject to the provisions of that Statute whereby the Awardee shall
not he held liable to pay a personal injury or property damage claim or judgment by
any one person which exceeds the sum of $100,000, or any claim or judgment or
portions thereof, which, when totaled with all other claims or judgment paid by the
Awardee arising out of the same incident or occurrence, exceed the sum of $200,000
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 Awardee. The
provisions of this section survive the termination or expiration of this agreement.
D. Documents
The Awardee shall submit documents to DHCD as described below or any other
document in whatever form, manner, or frequency as prescribed by DHCD. These
will be used for monitoring progress, performance, and compliance with this
contract and for compliance with applicable County and Federal requirements.
1. Progress Reports
a. The Awardee shall submit a status report using the form attached
hereto as Attachment C, "Progress Report," as it may be revised by
DHCD, which shall describe the progress made by the Awardee in
achieving each of the objectives and action steps identified in
Attachment A, "Scope of Services."
The Awardee shall ensure that DHCD receives each report in triplicate
(or as indicated) no later than October 10, 2008, January 10, 2009,
April 10, 2009, and July 10, 2009, October 10, 2009, January 10, 2010,
April 10, 2010, and July 10, 2010. October 10, 2008, January 10, 2011,
April 10, 2011, and July 10, 2011.
b. Quarterly Reporting when Subcontractors are Utilized
2
Awardees are advised that when subcontractors or sub -consultants
are utilized to fulfill the terms and conditions of this contract, Miami -
Dade County Resolution No. 1634-93 will apply to this contract. This
resolution requires the selected Awardees to file quarterly reports as
to the amount of contract monies received from the County and the
amounts thereof that have been paid by the Awardee directly to Black,
Hispanic and Women -Owned businesses performing part of the
contract work.
Additionally, the listed businesses are required to sign the reports,
verifying their participation in the contract work and their receipt of
such monies. For purposes of applicability, the requirements of this
resolution shall be in addition to any other reporting requirements
required by law, ordinance or administrative order.
The Awardee shall submit to DHCD a cumulative account of its
activities under this agreement by completing the following portions
of the Progress Report Form:
Section I - Status of Contracted Activities:
The Awardee must report specific information regarding the status of
the contracted activities, including accomplishments and/or delays
encountered during the implementation of the project and an
unduplicated count of clients served during the reporting period (if
applicable) for each federally defined ethnic category. Awardees
engaged in construction and/or housing rehabilitation projects shall
report on the progress of their activities including the number of
housing units completed and occupied by low -moderate and low
income -residents. The Awardee shall also report emographic
information on each head of household. Each goal and corresponding
objective(s), as indicated in the approved Scope of Services, must be
addressed as part of this report.
Section II - Fiscal Information:
The Awardee must report expenditure information based on approved
budgeted line items to reflect all costs incurred during the reporting
period. In addition, the Awardee shall report on Program Income
Usage for each contracted activity.
Section 111 - Minority Business Enterprise:
Contract and Subcontract Activity Report (First and Third Quarter
Progress Report)- The Awardee shall report to DHCD the number of
business activities involving minority vendors, including
subcontractors performing work under this Agreement. The "Contract
and Subcontract Activity Report" Section in Attachment C, and when
applicable Section 3 in the same Attachment shall be completed
semiannually by the Awardee and submitted to DHCD no later than
April 8, 2009 and October 7, 2009. April 8, 2009 and October 7, 2009.
Section IV - Neighborhood Employment Opportunities:
Neighborhood Employment Opportunities Report (First and Third
Quarter Progress Report) - The Awardee shall report to DHCD the
number of focus and service area residents who have received
employment opportunities from federally financed and assisted
projects and activities. The Neighborhood Employment Opportunities
Report shall be submitted using the Progress Report Form attached
hereto as a Section in Attachment C, as it may be revised. This
section of the form shall be completed semiannually by the Awardee
and submitted to DHCD no later than April 8, 2008 and October 7,
2008
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 D.4. of this contract. Copies of
the above described Progress Report shall be received by DHCD no
later than the tenth (10th) business day of each month and shall
address the progress undertaken by the Awardee during the previous
month. This Progress Report shall not be required if the Awardee is
submitting the Progress Reports required by Section II, Paragraph
D.1.a and Paragraph D.3.
2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit a
cumulative status report (hereinafter referred to as "Annual Report") using
the "Progress Report" specified in Section II, Paragraph D.1.a. above, which
shall describe the progress made by the Awardee in achieving each of the
objectives identified in Attachment A during the previous year. The "Annual
Report" must cover the CDBG fiscal year of January 1, 2008 through
December 31, 2008 and shall be received by DHCD no later than January 10,
2009.
3. 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 contract, shall submit information detailing the location
of each site for which a Site Environmental Clearance Statement, will be
prepared as described in Article II, Section E.5. of this contract set forth
below. The Environmental Review is to be prepared on information
contained in Attachment E, "Information for Environmental Review."
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 Housingand
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.
4. Audit Report - The Awardee shall submit to DHCD an annual audit report in
triplicate as required by Section II, Paragraph I of this contract 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.
5. 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 (1
of this contract.
6. Affirmative Action Plan - The Awardee shall report to DHCD information
relative to the equality of employment opportunities whenever so requested
by DHCD.
E. . Participation in the CDBG Program
1. The Awardee shall maintain current documentation that its activities meet
one of the three (3) CDBG national objectives:
a. To benefit low- and moderate -income persons;
b. To aid in the prevention or elimination of slums or blight;
c. To meet community development needs having a particular
urgency.
2. For activities designed to meet the national objective of benefit to low- and
moderate -income persons, the Awardee shall ensure and maintain
documentation that conclusively demonstrates that each activity assisted in
whole or in part with CDBG funds is an activity which provides benefit to no
Tess than 51% of low- and moderate -income persons.
3. 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.
4. 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 57 0.606(b): (b) the
requirements of 24 CFR 670.606 (c) governing the Residental
Antidisplacement and Relocation Assistance plan under section 104(d) of the
HCD Act; and (c) the requirements in 570.606 (d) governing optional
relocation policies. (The County may preemept the optional policies). The
Awardee shall provide relocation assistance to persons (families,
individuals, businesses, non-profit organizations and farms) that are
displaced as a direct result of acquisition, rehabilitaion, demolition or
conversion for a CDBG assisted project. The Awardee also agrees to comply
with applicable County ordinances, resolutions and policies concerning the
displacement of persons from their residences.
5. For each activity or portion of activity described in Attachment A hereto for
which a location has not yet been identified, the Awardee shall obtain,
immediately after a site is identified by the Awardee, DHCD's written
environmental clearance statement and shall agree in writing to comply with
any and all requirements as may be set forth in the Site Environmental
Clearance Statement.
5
6. The Awardee shall make a good faith effort to address the concerns of the
residents of the affected area. The Awardee shall cooperate with DHCD in
informing the appropriate CDBG citizen participation structures, including
the appropriate area committees, of the activities of the Awardee in adhering
to the provisions of this contract. Representatives of the Awardee shall
attend meetings of the appropriate committees and citizen participation
structures, upon the request of the citizen participation officers, DHCD, or the
County.
7. The Awardee shall, to the greatest extent possible, give low- and moderate -
income residents of the service areas opportunities for training and
employment.
8. 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 Urban
Development Unit of DHCD prior to relocating, evacuating, and/or dispersing
any and all legal occupants who reside at this property on the basis of a long
or short term lease. When the legality of an occupant (individual, family,
business, and/or industry) is in question, the Awardee shall contact the
above mentioned unit prior to making a determination.
Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and/or part
58 and to the rules and regulations of the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970, as amended.
9. The Awardee shall adopt Affirmative Marketing PrDHCDures and
requirements for CDBG assisted projects. These prDHCDures must consist
of actions to provide information and attract eligible persons from all racial,
ethnic and gender groups to the available services. The Awardee shall
annually assess its affirmative marketing program to determine if the
prDHCDures used to comply with the requirements specified in Public Law
88-352 and Public Law 90-284 successfully meet these requirements. The
Awardee shall submit to DHCD its Affirmative Marketing Plan no later than 60
days from the date this Agreement is executed.
10. For any Housing activities, the Awardee shall successfully complete the
Community Development coursework conducted by the Local Initiatives
Support Corporation, which will be held at Florida International University
throughout the current contract period. The Awardee shall provide written
notification to DHCD, no later than30 days after the completion of the
coursework. This requirement may be waived in the sole discretion of DHCD
for Awardees who demonstrate knowledge of real estate development and
organizational management theory. DHCD shall consider such waiver upon
receipt of the written request by the Awardee.
11. For Housing, Rehabilitation, and Construction activities all conditions in this
section will apply throughout the regulatory period identified in the national
objective. Throughout that period, the Awardee will be required to submit an
annual report regarding his compliance with the national objective, and
DHCD will have the right to monitor the activity.
12. The Awardee shall comply with all applicable uniform administrative
requirements as described in 24 CFR 570.502
F. Federal, State, and County Laws and Regulations
1. RULES, REGULATIONS AND LICENSING REQUIREMENTS
6
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 24 CFR Part 85, OMB A-128,
OMB A-87, and with the applicable prDHCDures specified in DHCD's Contract
Compliance Manual, which are incorporated herein by reference, receipt of
which is hereby acknowledged, and as they may be revised.
The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973,
as amended, which prohibits discrimination on the basis of handicap; Title VI
of the Civil Rights Act of 1964, as amended, which prohibits discrimination on
the basis of race, color, or national origin; the Age Discrimination Act of 1975,
as amended, which prohibits discrimination on the basis of age; Title VIII of
the Civil Rights Act of 1968, as amended, and Executive Order 11063 which
prohibits discrimination in housing on the basis of race, color, religion, sex,
or national origin; Executive Order 11246, as amended which requires equal
employment opportunity; and with the Energy Policy and Conservation Act
(Pub.L 94-163) which requires mandatory standards and policies relating to
energy efficiency.
The Provider 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 Provider.
3. If the amount payable to the Awardee pursuant to the terms of this contract is
in excess of $100,000, the Awardee shall comply with all applicable
standards, orders, or regulations, issued pursuant to Section 306 of the Clean
Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution
Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act
(33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part
15); and Executive Order 11738.
4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The
Awardee shall report its compliance with Section 504 of the Rehabilitation Act
whenever so requested by DHCD.
5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to;
and submit the required Disability Non-discrimination Affidavit assuring
compliance with all applicable requirements of the laws listed below
including but not limited to, those provisions pertaining to employment,
provisions and program services, transportation, communications, access to
facilities, renovations, and new construction.
6. Affirmative Action/Non-Discrimination of Employment, Promotion, and
Procurement Practices (Ordinance #98-30) - All firms with annual gross
revenues in excess of $5 million, seeking to contract with Miami -Dade County
shall, as a condition of award, have a written Affirmative Action Plan and
Procurement Policy on file with the County's Department of Business
Development. Said firms must also submit, as a part of their proposals/bids
to be filed with the Clerk of the Board, an appropriately completed and signed
Affirmative Action Plan/Procurement Policy Affidavit. Firms whose Boards of
Directors are representative of the population make-up of the nation are
exempt from this requirement and must submit, in writing, a detailed listing
of their Boards of Directors, showing the race or ethnicity of each board
member, to the County's Department of Business Development. Firms
claiming exemption must submit, as a part of their proposals/bids to be filed
with the Clerk of the Board, an appropriately completed and signed
Exemption Affidavit in accordance with Ordinance 98-30. These submittals
shall be subject to periodic reviews to assure that the entities do not
discriminate in their employment and procurement practices against
minorities and women -owned businesses.
It will be the responsibility of each firm to provide verification of their gross
annual revenues to determine the requirement for compliance with the
Ordinance. Those firms that do not exceed $5 million annual gross revenues
must clearly state so in their bid/proposal.
Any bidder/respondent which does not provide an affirmative action plan and
procurement policy may not be recommended by the County Manager for
award by the Board of County Commissioners.
7. Domestic Violence Leave Affidavit : Prior to entering into any contract with
the Gouty, a firm desiring to do business with the County shall, as a
condition of award, certify that it is in compliance with the Domestic Leave
Ordinance, 99-5 and Section 11A-60 of the Miami -Dade County Code. This
Ordinance applies to employers that have, in the regular course of business,
fifty (50) or more employees working in Miami Dade County for each working
day during each of twenty (20) or more calendar work weeks in the current or
preceding calendar year. In accordance with Resolution R-185-00, the
obligation to provide domestic violence leave to employees shall be a
contractual obligation. The County shall not enter into a contract with any
firm that has not certified its compliance with the Domestic Leave Ordinance.
Failure to comply with the requirements of Resolution R-185-00, as well as
the Domestic Leave Ordinance may result in the contract being declared void,
the contract being terminated and/or the firm being debarred.
8. Code of Business Ethics: In accordance with Section 2-8.1(1) of the Code of
Miami -Dade County each person or entitiy that seeks to do business with
Miami -Dade County shall adopt a Code of Business Ethics ("Code") and shall
submit an affidavit stating that the Awardee has adopted a Code that
complies with the requirements of Section 2-8.1(i) of the Miami -Dade County
Code (Form A-12).
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 contract shall be
terminated on the discretion of Miami -Dade County. Further, should the
Awardee be placed on the list at any time during this contract 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 any attesting firm, or any owner, subsidiary, or other firm affiliated with or
related to the attesting firm, 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 such attesting firm. 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
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
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.
G. Conflicts with Applicable Laws
If any provision of this contract 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 contract, as modified, shall continue and all other provisions of this
contract shall remain in full force and effect. The County's determination on whether
a provision conflicts shall be final and binding.
H. Construction
If the Awardee engages in, procures, or makes loans for construction work, the
Awardee shall:
1. Contact the DHCD representative noted in Section IV, Paragraph K of this
contract, 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
prDHCDures which, at a minimum, shall adhere to all applicable federal
standards.
3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract
Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning
Prevention Act as amended on September 15, 1999; and other related acts, as
applicable.
4. Submit to DHCD for written prior approval all proposed Solicitation Notices,
Invitations for Bids, and Requests for Proposals prior to publication.
5. Submit to DHCD all construction plans and specifications and receive
DHCD's approval prior to implementation.
6. Contact the DHCD representative noted in Section IV, Paragraph K prior to
scheduling a pre -construction conference.
In accordance with industry standards, DHCD will hold 10% of the total grant
award as a retainer until the completion of the construction work is verified
by DHCD through a Certificate of Occupancy.
7. The County shall have the right to assign the Community Builders Division of
the Department of Housing and Community Development to assist the project
if the County's staff determines that the Awardee has been unable to
consistently achieve the work and units described within the time frames of
the action step format of this agreement. Such involvement will result in a
reduction of a maximum of 5% of the agreement's award to cover the cost of
the technical assistance. The Awardee shall cooperate and comply with all
requests made by the Community Builders Division of the Department of
Housing and Community Development.
8. Execute a restrictive covenant with Miami -Dade County for the grant award
and the use of the land to ensure its use as a CDBG project site as defined
and described in Attachment "A" of this agreement.
I. Audits and Records
1. The Awardee expending $500,000 or more annually in federal awards shall
have a single or program specific audit conducted in accordance with OMB
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A-133. The Awardee 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. The Awardee expending 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 Awardees 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 prDHCDures (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, or when the Awardee elects to
comply with OMB A-133, an audit shall be conducted for each fiscal year for
which federal awards attributable to this contract have been received by the
Awardee. Each audit shall include a fiscal review, which includes a validation
of all program generated income and its disposition, especially attributable to
CDBG funds, an internal control review, and a compliance review as
described in OMB A-133. A copy of the audit report in triplicate must be
received by DHCD no later than six (6) months following the end of the
Awardee's fiscal year.
4. The Awardee shall maintain all Contract Records in accordance with
generally accepted accounting principles, -procedure, 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
contract.
5. The Awardee shall maintain all Contract Records that document all actions
undertaken to accomplish the "Scope of Services" outlined in Attachment A
in this contract.
6. 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.
7. The Awardee shall include in all DHCD approved subcontracts used to
engage subcontractors to carry out any eligible substantive programmatic
services, as such services are described in this contract and defined by
DHCD, each of the record -keeping and audit requirements detailed in this
contract. DHCD shall, in its sole discretion, determine when services are
eligible substantive programmatic services and subject to the audit and
record -keeping requirements described above.
8. 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
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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 the Agreement and upon request make them available to the
County for three years following expiration of the Agreement. The Awardee
agrees to provide such assistance as may be necessary to facilitate the
review or audit by the. County to ensure compliance with applicable
accounting and financial standards.
9. The Awardee shall ensure that its auditors share their audit results with
DHCD. The auditors must submit the completed monitoring instrument and
the audit report to DHCD within six months after the conclusion of the audit
period.
J. Retention of Records
1. The Awardee shall retain all Contract Records for a period of at least five (5)
years (hereinafter referredto. 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 contract.
b. For CDBG assisted public service activities the Retention Period shall
begin upon the date of U.S. HUD's acceptance of DHCD's annual
Grantee Performance Report for the year in which the activity is
reported as completed. For each public service activity the Awardee
must retain all contract records except those relating to real and
nonexpendable personal property.
c. For all other CDBG assisted activities the Retention Period shall begin
upon U.S. HUD's acceptance of DHCD's annual Grantee Performance
Report in which each assisted activity is reported on for the final time.
For all the CDBG assisted activities covered by this Section II,
Paragraph J.1.c., the Awardee must retain all contract records except
those relating to real and nonexpendable personal property.
d. For all CDBG assisted activities, the Retention Period for all contract
records relating to real and nonexpendable personal property shall
begin upon the date of the final disposition of the property.
2. If the County or the Awardee have received or given notice of any kind
indicating any threatened or pending litigation, claim or audit arising out of
the services provided pursuant to the terms of this contract, the Retention
Period shall be extended until such time as the threatened or pending
litigation, claim or audit is, in the sole and absolute discretion of DHCD, fully,
completely and finally resolved.
3. The Awardee shall allow the County, federal personnel, or any person
authorized by the County full access to and the right to examine any of the
contract records during the required Retention Period.
4. The Awardee shall notify DHCD in writing, both during the pendency of this
contract and after its expirations part of the final close-out procedures, of the
address where all contract records will be retained.
5. The Awardee shall obtain written approval of DHCD prior to disposing of any
contract records within one year after expiration of the Retention Period.
K. Provision of Records
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1. The Awardee shall provide to DHCD, upon request, all contract records.
These records shall become the property of DHCD without restriction,
reservation, or limitation of their use. DHCD shall have unlimited rights to all
books, articles, or other copyrightable materials developed for the purpose of
this contract. 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 regulated by other governmental
agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, the Awardee shall provide a copy of
each report and any follow-up communications and reports to DHCD
immediately upon such issuance unless such disclosure is a violation of the
regulatory agencies issuing the reports.
3. MIAMI-DADE COUNTY INSPECTOR GENERAL REVIEW
According to Section 2-1076 of the Code of Miami -Dade County, as amended
by Ordinance No. 99-63, Miami -Dade County has established the Office of the
Inspector General which may, on a random basis, perform audits on all
County contracts, throughout the duration of said contracts, except as
otherwise provided below. The cost of the audit of any Contract shall be one
quarter (1/4) of one (1) percent of the total contract amount which cost shall
be included in the total proposed amount. The audit cost will be deducted by
the County from progress payments to the selected Awardee. The audit cost
shall also be included in all change orders and all contract renewals and
extensions.
a.
Exception: The above application of one quarter (1/4) of one percent
fee assessment shall not apply to the following contracts: (a) IPSIG
contracts; (b) contracts for legal services; (c) contracts for financial
advisory services; (d) auditing contracts; (e) facility rentals and lease
agreements; (f) concessions and other rental agreements; (g)
insurance contracts; (h) revenue -generating contracts; (I) contracts
where an IPSIG is assigned at the time the contract is approved by
the Commission; (j) professional service agreements under $1,000;
(k) management agreements; (I) small purchase orders as defined in
Miami -Dade County Administrative Order 3-2; (m) federal, state and
local government -funded grants; and (n) interlocal agreements.
Notwithstanding the foregoing, the Miami -Dade County Board of
County Commissioners may authorize the inclusion of the fee
assessment of one quarter (1/4) of one percent in any exempted
contract at the time of award.
Nothing contained above shall in any way limit the powers of the Inspector
General to perform audits on this contract.
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 contract.
L. Prior Approval
The Awardee shall obtain prior written approval from DHCD prior to undertaking any
of the following:
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1. The engagement or execution of any subcontracts or contract assignments,
wherein CDBG funds will be used to pay for goods or services. The Awardee
must submit all proposed agreement documents to DHCD at least thirty (30)
days prior to the start date of the agreement. DHCD shall have no obligation
to approve payment of any expenditure (resulting from an agreement or
subcontract). which was incurred prior to the approval by DHCD of such
agreement or subcontract.
2. The addition of any positions not specifically listed in the approved budget.
3. The modification or addition of all job descriptions.
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 Q.1. of this contract.
6. All 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 I1, Paragraph H of this
contract.
9. The disposal of all contract records as provided for in Section II, Paragraph J
of this contract.
M. Monitoring
The Awardee shall permit DHCD and other persons duly authorized by DHCD to
inspect all contract 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 contract, and/or to interviewany clients employees, subcontractors, or
assignees of the Awardee. Following such inspection or interviews, DHCD will
deliver to the Awardee a report of its findings, and the Awardee will rectify all
deficiencies cited by DHCD within the specified period of time set forth in the report,
or provide DHCD with a reasonable justification for not correcting the deficiencies.
DHCD will determine, in its sole and absolute discretion whether or not the
Awardee's justification is acceptable or if the Awardee must, despite the justification,
rectify the deficiencies cited by DHCD in its report.
N. Conflict of Interest
The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36
for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and
covenants that it presently has no financial interest and shall not acquire any
financial interest, direct or indirect, which would conflict in any manner or degree
with the performance of services requried under this Agreement. The Awardee
further covenants that in the performance of this Agreement no person having such
a financial interest shall be employed or retained by the Awardee hereunder. These
conflict of interest provisions apply to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of the County, or of any
designated public agencies or subrecipients which are receiving funds under the
CDBG Entitlement program.
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The Awardee shall submit to DHCD within five days of execution of this contract 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 contract 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
contract, which will result in the immediate termination of the agreement, the
recovery of the entire funding award, and the disqualification of funding through
DHCD for a period of three years.
The Awardee shall disclose any possible conflicts of interest or apparent
improprieties of any party that are covered by the above standards. The Awardee
shall make such disclosure in writing to DHCD immediately upon the Awardee's
discovery of such possible conflict. DHCD will then render an opinion which shall be
binding on all parties.
O. Publicity, Advertisements and Signage
1. The Awardee shall ensure that all publicity, public relations and
advertisements and signs, recognize the Miami -Dade Department of Housing
and Community Development (DHCD) and Community Development Block
Grant (CDBG) 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. All signs used to publicize DHCD contracted
activities must be approved by DHCD prior to being posted and must also
meet the standard specifications as established by DHCD. The use of the
official Miami -Dade DHCD logo is permissible
2. The Awardee shall furnish, erect and maintain construction signs in
accordance with sketch included in these contract documents. The signs
shall be made of 3/ inch thick marine plywood, newly painted and lettered
according to the accompanying sketch. The signs shall be painted and
lettered in accordance with professional outdoor sign painting standards as
to layout, symmetry, proportion, clarity and neatness and use of weather -
resistant colors and materials. The Awardee shall place the signs, securely
braced and mounted, as shown on the typical project sign placement
diagram or as directed by the engineer. All materials shall be provided by the
Awardee and the signs shall remain in the property of the Owner at the
completion of the contract. 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. For this
project signs will be required. Payment for furnishing, installing and
maintaining the sign shall be under the bid amount for mobilization.
P. Procurement
The Awardee must take affirmative steps to procure supplies, equipment,
construction, or services to fulfill this contract 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 contract. To the maximum
extent feasible, these businesses shall be located in or owned by residents of the
Community Development areas designated by DHCD in the CDBG application
approved by the supervising federal agency. The Awardee shall assure that all
subcontracts or third party agreements contain provisions with stated goals, that
15
low-income residents from Community Development focus 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 financial assistance toward 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 contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
170Iu (section 3). The purpose of section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD- assisted projects
covered by section 3, shall, to the greatest extent feasible, be directed to low- and
very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
2. The parties to this contract agree to comply with HUD's regulations in 24 CFR part
135, which implement section 3. As evidenced by their execution of this contract, the
parties to this contract 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 contract 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 contract for default, and debarment or suspension from future
HUD assisted contracts.
7. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self -Determination and Education Assistance
Act (25 U.S.C. 450e) also applies to the work to be performed under this contract.
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 contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
16
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 attached
Form A-7.2). Awardees who fail to provide a statement of their policies and
procedures may not be recommended by the County Manager for award by the Board
of County Commissioners.
The term "local" means having headquarters located in Miami -Dade County or
having a place of business located in Miami -Dade County from which the contract or
subcontract will be performed.
The term "subcontractor" means a business independent of a Awardee that may
agree with the Awardee to perform a portion of a contract.
The term "subcontract" means an agreement between a Awardee and a
subcontractor to perform a portion of a contract between the Awardee and the
County.
Q. Property
1. Definitions
a. Real Property: Land, land improvements, structures, fixtures and
appurtenances thereto, excluding movable machinery and equipment.
b. Personal Property: Personal property of any kind except real property.
1) Tangible: All personal property having physical existence.
2) Intangible: All personal property having no physical existence
such as patents, inventions, and copyrights
c. Nonexpendable Personal Property: Tangible personal property of a
nonconsumable nature, with a value of $500 or more per item, with a
normal expected life of one or more years, not fixed in place, and not
an integral part of a structure, facility or another piece of equipment.
d. Expendable Personal Property: All tangible personal property other
than nonexpendable property.
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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 in whole or in part with CDBG funds received from DHCD in
excess of $25,000 shall be either:
1) Used to meet one of the three (3) CDBG national objectives
until five years after the expiration or termination of this
contract, or for such longer period of time as determined by
DHCD in its sole and absolute discretion; or
2) Not used to meet one of the three (3) CDBG National
Objectives. In the event the property is not used to meet one
of the national objectives for five (5) years following the
expiration or termination of this Awardee such longer period
as determined by - DHCD-then the Contract or shall pay to
DHCD an amount equal to the market value of the property as
may be determined by DHCD in its sole and absolute
discretion, Tess any proportionate portion of the value
attributable to expenditures of non-CDBG funds for
acquisition of, or improvement to, the property.
Reimbursement is not required after the period of time
specified in Paragraph Q.2.a.1., above.
b. Any real property under the Awardee's control that was acquired or
improved in whole or in part with CDBG funds from DHCD for $25,000
or Tess shall be disposed of, at the expiration or termination of this
contract, in accordance with instructions from DHCD.
c. All real property purchased or improved in whole or in part with funds
from this and previous contracts with DHCD, or transferred to the
Awardee after being purchased in whole or in part with funds from
DHCD, shall be listed in the property records of the Awardee and shall
include a legal description; size; date of acquisition; value at time of
acquisition; present market value; present condition; address or
location; owner's name if different from the Awardee; information on
the transfer or disposition of the property; and map indicating
whether property is in parcels, lots, or blocks and showing adjacent
streets and roads. The property records shall describe the
programmatic purpose for which the property was acquired and
identify the CDBG national objective that will be met. If the property
was improved, the records shall describe the programmatic purpose
for which the improvements were made and identify the CDBG
national objective that will be met.
d. For awards involving the purchase or improvement of real property,
the Awardee agrees to execute a mortgage, loan document, or
restrictive covenant for the CDBG award with DHCD within 180 days
after the execution of this agreement. Failure to comply with this
requirement may result in the retraction of the CDBG award for the
project and termination of this agreement.
e. All real property shall be inventoried annually by the Awardee and an
inventory report shall be submitted to DHCD. This report shall include
the elements listed in Paragraph T.2.c., above.
3. The Awardee shall comply with the nonexpendable personal property
requirements as stated below.
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a. All nonexpendable personal property purchased or improved in whole
or in part with funds from this and previous contracts with DHCD
shall be listed in the property records of the Awardee and shall
include a description of the property; location; model number;
manufacturer's serial number; date of acquisition; funding source;
unit cost at the time of acquisition; present market value; property
inventory number; information on its condition; and information on
transfer, replacement, or disposition of the property.
b. All nonexpendable personal property purchased or improved in whole
or in part with funds from this and previous contracts with DHCD
shall be inventoried annually by the Awardee and an inventory report
shall be submitted to DHCD. The inventory report shall include the
elements listed in Paragraph Q.3.a., above.
c. Title (ownership) to all nonexpendable personal property purchased
in whole or in part with funds given to the Awardee pursuant to the
terms of this contract shall vest in the County and DHCD.
4. The Awardee shall obtain prior written approval from DHCD for the
disposition of real property, expendable personal property, and
nonexpendable personal property purchased or improved in whole or in part
with funds given to the Awardee or subcontractor pursuant to the terms of
this contract. The Awardee shall dispose of all such property in accordance
with instructions from DHCD. Those instructions may require the return of all
such property to DHCD.
R. 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 contract and applicable federal regulations or rules or any
County rules or ordinance.
a. The Awardee shall comply with the program income provisions in
DHCD's Contract Compliance Manual. If any program income
provisions of the Contract Compliance Manual conflict with any
program income provisions of this contract, the provisions of this
contract shall rule.
b. 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. If the Awardee requests to
use Program Income, the Awardee shall report to DHCD all cumulative
Program Income generated from activities financed in whole or in part
by funds from this contract. This information, along with a check
payable to Miami -Dade County for the generated Program Income,
must be submitted quarterly as part of the Fiscal Section of the
Awardee's Progress Report as outlined in Section II, Paragraph D.2.a.
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c. The Awardee shall report Program Income for as long as it receives
and/or has control over Program Income generated from this and any
previous contracts with DHCD.
d. The Awardee shall provide to DHCD a written explanation of the
activities to be assisted with Program Income and shall obtain
DHCD's written approval prior to implementing those activities. All
provisions of this contract shall apply to any activity performed using
Program Income.
e. Subject to the limitations set forth in this paragraph, the Awardee may
use program income to fund any CDBG eligible activity as provided
for and defined by 24 CFR Part 570 et seq.
f. Program income from a revolving loan activity must be used only for
the same revolving loan activity.
g-
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.
h. All program income from nonrevolving loan activities shall be
substantially disbursed to carry out other DHCD approved CDBG
eligible activities, and to cover operational costs before requesting
additional CDBG funds.
Any proceeds from the sale of property as detailed in Section II,
Paragraph Q.4., above, shall be considered program income.
The Awardee shall obtain, as part of the required audit report,
validation by a certified auditor of all program generated income and
its disposition.
3. Upon expiration or termination of this contract 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 attributable to any CDBG
funded activities. DHCD may require remittance of all or part of any program
income balances (including investments thereof) held by the Awardee (except
those needed for immediate cash needs, cash balances of a revolving loan
fund, cash balances from a lump sum drawdown, or cash or investments held
for Section 108 Security needs).
4. DHCD, in its sole and absolute discretion, reserves the right to pursue other
courses of action in the retention and use of program income generated by
the Awardee, and such action shall not require an amendment to this
contracts.
S. Travel
The Awardee shall comply with the County's travel policies. Documentation of travel
expenses shall conform to the requirements of DHCD's Contract Compliance Manual.
T. Subcontracts and Assignments
1. Unless otherwise specified in this contract, the Awardee shall not
subcontract any portion of the work without the prior written consent of the
20
County. Subcontracting without the prior consent of the County may result
in termination of the contract 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. Comply with all requirements and regulations specified in DHCD's
Contract Compliance Manual;
b. Identify the full, correct, and legal name of the party;
c. Describe the activities to be performed;
d. Present a complete and accurate breakdown of its price component;
e. Incorporate a provision requiring compliance with all applicable a
regulatory .and other requirements of this contract and with any
conditions of approval that the County or DHCD deem necessary.
This applies only to subcontracts and assignments in which parties
are engaged to carry out any eligible substantive programmatic
service, as may be defined by DHCD, set forth in this contract. DHCD
shall in its sole discretion determine when services are eligible.
substantive programmatic services and subject to the audit and
record -keeping requirements described above, and;
f. Incorporate the language of Attachment E, "Certification Regarding
Lobbying."
2. The Awardee shall incorporate in all consultant subcontracts this additional
provision:
The Awardee is not responsible for any insurance or other fringe benefits,
e.g., social security, income tax withholdings, retirement or leave benefits, for
the Consultant or employees of the Consultant normally available to direct
employees of the Awardee. The Consultant assumes full responsibility for the
provision of all insurance and fringe benefits for himself or herself and
employees retained by the Consultant in carrying out the Scope of Services
provided in this subcontract.
3. The Awardee shall be responsible for monitoring the contractual performance
of all subcontracts and their progress toward meeting the approved goals
and objectives indicated in the attached Scope of Services
4. The Awardee shall receive from DHCD written prior approval for any
subcontract prior to engaging any party who agrees to carry out any
substantive programmatic activities as may be determined by DHCD as
described in this contract. DHCD's approval shall be obtained prior to the
release of any funds for the subcontractor.
5. The Awardee shall receive written approval from DHCD prior to either
assigning or transferring any obligations or responsibility set forth in this
contract or the right to receive benefits or payments resulting from this
contract.
6. Approval by DHCD of any subcontract or assignment shall not under any
circumstance be deemed to provide for the incurrence of any obligation by
DHCD in excess of the total dollar amount agreed upon this contract.
• 7. If the subcontract involves $100,000 or more to provide services listed in the
Scope of Services or suppliers to supply the materials, the Awardee shall
provide the names of the subcontractors and suppliers to DHCD. The
Awardee agrees that it will not change or substitute subcontractors or
suppliers from the list without prior written approval from DHCD.
U. Additional Funding
The Awardee shall notify DHCD of any additional funding received for any activity
described in this contract. Such notification shall be in writing and received by DHCD
within thirty (30) days of the Awardee's notification by the funding source.
V. Method of Payment
The Awardee shall be paid as described below:
1. The Awardee shall be paid for those expenses allowed pursuant to the
provisions provided below only when the Awardee submits to DHCD
adequate proof, as determined by DHCD in its sole discretion, that the
Awardee has incurred the expenditures. It shall be presumed that the
Awardee has provided adequate proof of having incurred expenses if the
Awardee submits to DHCD canceled checks or original invoices approved by
the Awardee's authorized representative. When original documents cannot be
presented, the Awardee must adequately justify their absence in writing and
furnish copies of those documents to DHCD. The Awardee must adequately
justify their absence in writing and furnish copies of those documents to
DHCD. The Awardee shall be paid only for those expenditures contained
within Attachment B, "Budget," to this contract as it may be revised with the
prior written approval by DHCD.
2. Requests for payment shall be assembled by calendar month and submitted
to DHCD no less frequently than monthly. Expenditures incurred by the
Awardee must be submitted to DHCD for payment within 30 days after the
month in which the expenditures were incurred, Failure to comply may 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 contract may be withheld pending
the receipt and approval by DHCD of all reports and documents which the
Awardee is required to submit to DHCD pursuant to the terms of this contract
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 and 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 payments will be made without evidence of appropriate insurance
required by this contract. Such evidence must be on file with DHCD and the
County's Risk Management Division. DHCD must receive the final request for
payment from the Awardee no more than thirty (30) calendar days after the
expiration or termination of this contract. If the Awardee fails to comply with
this requirement, the Awardee will forfeit all rights to payments if DHCD, in its
sole discretion, so chooses.
22
7. Within thirty (30) calendar days after this contract expires or is terminated,
the Awardee shall provide to DHCD a list of all invoices and costs that relate
to this contract's approved Budget and that have not been submitted to
DHCD. Any Invoice received by DHCD, subsequent to receipt of this list by
DHCD which reflects a cost not included on this list will not be paid.
8. All monies paid to the Awardee which have not been used to retire
outstanding obligations of this contract must be refunded to DHCD in
accordance with DHCD's Contract Compliance Manual.
9. Any unexpended funds remaining after the completion of the services under
this contract, or after termination of this contract for any reason, shall be
recaptured in full by the County.
10. In the event the County determines that the Awardee has breached the terms
of this agreement and that the County is entitled to return of any or all of the
funds awarded under this contract, Awardee agrees to and shall assign any
proceeds to the County from any contract 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.
W. Reversion of Assets
The Awardee shall return to DHCD, upon the expiration or termination of this
contract all assets, owned or held by Awardee as a result of this contract, 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 contract that were disbursed to the Awardee by the County, other than
reasonable operating and deficit reserves established by Awardee and which are
connected with the real property. In the case of activities involving real property,
such reserves shall not be distributed to any partner or subcontractor prior to
repayment to DHCD of the CDBG Loan. The Awardee shall at the request of the
County execute any and all documents, including but not limited to mortgages
securing the property and UCC financing statements, as required by the County to
effectuate the reversion of assets.
III. The County. Agrees:
Subject to the availability of funds, to pay for contracted activities according to the terms
and conditions contained within this contract in an amount not to exceed $2,776,264.00.
IV. The Awardee and DHCD Agree:
A. Effective Date
1. This contract shall begin on January 1, 2008. Any costs incurred by the
Awardee prior to this date will not be reimbursed by the County.
2. This contract shall expire on December 31, 2011. 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
23
be accomplished by a writing by the County to the Awardee. Such notice
shall automatically become a part of this contract.
3. This contract may, at the sole and absolute discretion of the County and
DHCD, remain in effect during any period that the Awardee has control over
contract funds, including program income. However, the County shall have
no obligation or responsibility to make any payment, except those described
within Section II, Paragraph V, or provide any type of assistance or support to
the Awardee if this contract has expired or been terminated.
B. Suspension
1. DHCD may, for reasonable causes as determined in DHCD's sole and
absolute discretion, temporarily suspend the Awardee's operations and
authority to obligate funds under this contract or withhold payments to the
Awardee pending necessary corrective action by the Awardee or both.
Reasonable cause shall be determined by DHCD, in its sole and absolute
discretion, and may include, but is not limited to:
a. Ineffective or improper use of these contract funds by the Awardee or
any of its subcontractors;
b_ Failure by the Awardee to comply with any term or provision of this
contract;
c. Failure by the Awardee to submit any documents required by this
contract; or
d. The Awardee's submittal of incorrect or incomplete reports or other
required documents.
2. In the event of a default by the Awardee, DHCD may at any time suspend the
Awardee's authority to obligate funds, withhold payments or both. These
actions may apply to only part or all of the activities funded by this contract.
3. DHCD will notify the Awardee of the type of action to be taken in writing by
certified mail, return receipt requested, or in person with proof of delivery.
The notification will include the reason(s) for such action, the conditions of
the action, and the necessary corrective action(s). DHCD will give the
Awardee reasonable opportunity to rectify any action or inaction referenced
above.
C. Termination
1. Termination at Will
This contract, in whole or in part, may be terminated by DHCD upon no less
than ten (10) working days notice when DHCD determines that it would be in
the best interest of DHCD and the County. Said notice shall be delivered by
certified mail, return receipt requested, or in person with proof of delivery.
2. Termination for Convenience
DHCD may terminate this contract, in whole part, when both parties agree
that the continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall agree
upon the termination conditions. DHCD, at its sole discretion, reserves the
right to terminate this contract without cause upon thirty (30) days written
notice. Upon receipt of such notice, the Awardee shalt not . incur any
24
additional cost under this contract. DHCD shall be liable only for reasonable
costs incurred by the Awardee prior to notice of termination. DHCD shall be
the sole judge of "reasonable costs."
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 contract become unavailable, DHCD may
terminate this contract upon no Tess than twenty-four (24) hours written
notification to the Awardee. Said notice shall be delivered by certified mail,
return receipt requested, or in person with proof of delivery. DHCD shall be
the final authority in determining whether or not funds are available. DHCD
may at its discretion terminate, renegotiate and/or adjust the contract award,
whichever is in the best interest of the County.
4. Termination for Substantial Funding Reduction
In the event of a substantial funding reduction of the allocation to the
Awardee through Board of County Commissioners action, the Awardee may,
at its discretion, request in writing from the Director of DHCD a release from
its contractual obligations to the County. The Director of DHCD will review
the effect of the request on the community and the County prior to making a
final determination.
5. Termination for Breach
DHCD may terminate this contract, in whole or in part, when DHCD
determines, in its sole and absolute discretion, that the Awardee is not
making sufficient progress thereby endangering the ultimate contract
performance, or is not materially complying with any term or provision of this
contract.
Unless the Awardee's breach is waived by DHCD in writing, DHCD may, by
written notice to the Awardee, terminate this contract 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 contract 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 contract. The provisions herein do not limit DHCD's right to legal or
equitable remedies.
6. Penalties for Fraud, Misrepresentation or Material Misstatement
In accordance with the Code of. Miami -Dade County, Section 2-8.1.4, any
individual or corporation or other entity that attempts to meet its contractual
obligations with the County through fraud, misrepresentation or material
misstatement, shall be terminated, whenever practicable, as determined by
the County.
The County may terminate or cancel any other contracts with such individual
or subcontracted entity it has with the County. Such individual or entity shall
be responsible for all direct and indirect costs associated with such
termination or cancellation, including attorney's fees.
The foregoing notwithstanding, any individual or entity who attempts to meet
its contractual obligations with the County through fraud, misrepresentation
or material misstatement may be disbarred from County contracting for up to
five (5) years.
7. Payment Settlement
If termination occurs, the Awardee will be paid for allowable costs incurred in
carrying out activities required by this contract up to the date and time of
termination.
D. Renegotiation or Modification
1. Modifications of provisions of this contract shall be valid only when in
writing and signed by duly authorized representatives of each party. The
parties agree to renegotiate this contract if DHCD, in its sole and absolute
discretion determines that federal, state, and/or County revisions of any
applicable laws or regulations, or increases or decreases in budget
allocations make changes in this contract necessary. DHCD shall be the final
authority in determining whether or not funds for this contract are available
due .to Federal, state and/or County revisions of any applicable laws or
regulations, or increases or decreases in budget allocations.
2. CONTRACT EXTENSION
The County shall have the right to exercise an option to extend this contract
for up to one year beyond the current Contract period and will notify the
Awardee(s) in writing of the extension. This contract may be extended
beyond the initial year extension period upon mutual agreement between the
County and the Awardee(s), upon approval by the Director of the Department
of Housing and Community Development.
E. Right to Waive
DHCD may, for good and sufficient cause, as determined by DHCD in its sole and
absolute discretion, waive provisions in this contract 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 contract.
DHCD's failure to exercise any of its rights under this contract or DHCD's waiver of a
provision on anyone occasion shall not constitute a waiver of such rights or
provision on any other occasion. No failure or delay by DHCD in the exercise of any
right shall operate as a waiver.
F. Budget Revisions and Changes to the CDBG Eligibility Activity Title
1. Revisions to the Budget (Attachment B) shall be requested in writing and
must comply with DHCD's Contract Compliance Manual. These revisions
shall not require a contract amendment unless the amount of this contract is
changed or unless otherwise required by DHCD. All budget revisions shall
require the written approval of DHCD. DHCD shall have no obligation to
approve payment of expenditures incurred prior to the approval of the budget
revision related to such expenditures.
Budget Revisions Through County Resolution
Should a portion of the funding allocation to the Awardee be rescinded by
action from the Board of County Commissioners, written notification via
certified mail to the Awardee advising of the funding reduction shall be sent
by DHCD no later than 5 working days of the action; written notification will
constitute a contract amendment. The Awardee will have five working days
upon receipt of certified return receipt notification to submit a revised budget
reflecting funding adjustments. Should the modified budget not be received
within the specified time, DHCD will revise the budget at its discretion.
26
DHCD in its sole and absolute discretion will determine whether substantial
reductions will necessitate revision and resubmittal of the Scope of Service
(Attachment A). Revisions to the Scope of Service, when required, will be
negotiated to the mutual satisfaction of both parties.
3. Revisions to the CDBG eligibility activity titles under which this contract's
objectives are classified as noted in the Scope of Services shall not require a
contract amendment.
G. Disputes
In the event an unresolved dispute exists between the Awardee and DHCD, DHCD
shall refer the questions, including the views of all interested parties and the
recommendation of DHCD, to the County Manager for determination. The County
Manager, or an authorized representative, will issue a determination within thirty (30)
calendar days of receipt and so advise DHCD and the Awardee or in the event
additional time is necessary, DHCD will notify the Awardee within the thirty (30) day
period that additional time is necessary. The Awardee agrees that the County
Manager's determination shall be final and binding on all parties.
H. Headings
The section and paragraph headings in this contract are inserted for convenience
only and shall not affect in any way the meaning or interpretation of this contract.
I. Minority Participation
In order to gain greater Black business participation, the Awardee may submit its
contracts to the County Manager for bidding and award in accordance with County
policies and procedures.
J. Proceedings
This contract shall be construed in any manner pertaining or relating to this contract
shall, to the extent permitted by law, be held _in.Miami-Dade County, Florida.
K. Independent Private Sector Inspector General Reviews
1. Miami -Dade County has established the Office of the Office of Inspector
General which is empowered to perform random audits on all County
contracts throughout the duration of each contract. Grant recipients are
exempt from paying the cost of the audit which is normally 1/4 of 1% of the
total contract amount.
The Miami -Dade County Inspector General is authorized and empowered to
review past, present and proposed County and Public Health Trust programs,
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.
The Inspector General is empowered to analyze the necessity of and
reasonableness of proposed change orders to the Contract. The Inspector
General is empowered to retain the services of independent private sector
inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and
review operations, activities, performance and procurement process
including but not limited to project design, bid specifications, proposal
27
submittals, activities of the Provider, its officers, agents and employees,
lobbyists, County staff and elected officials to ensure compliance with
contract specifications and to detect fraud and corruption.
Upon ten (10) days prior written notice to the Provider from the Inspector
. General or IPSIG retained by the Inspector General, the Provider 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
Provider's possession, custody or control which, in the Inspector General or
IPSIG's sole judgment, pertain to performance of the contract, 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 contract 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.
The provisions in this section shall apply to the Provider, its officers, agents,
employees, subcontractors and suppliers. The Provider shall incorporate the
provisions in this section in all subcontractors and all other agreements
executed by the Provider in connection with the performance of the contract.
Nothing in this contract shall impair any independent right of the County to
conduct audit or investigative activities. The provisions of this section are
neither intended nor shall they be construed to impose any liability on the
County by the Provider or third parties. The Awardee is aware that Miami -
Dade County Office of the Inspector General has the right to perform ramdom
audits on all county contracts throughout the duration of each contract.
Grant Recipients are exempt from paying the costs of the audit, which is
normally Y4 of 1 % of the total contract amount.
L. Notice and Contact
DHCD's representative for this contract is Ronald Jones. The Awardee's
representative for this contract is Maria T. Ason The Awardee's principal office is at
444 S.W. 2nd Avenue, Miami, Florida 33130. The Awardee's telephone number is 305-
416-1971.
In the event that different representatives are designated by either party after this
contract is executed, or the Awardee changes its address, notice of the name of the
new representative or new address will be rendered in writing to the other party and
said notification attached to originals of this contract.
M. Name and Address of Payee
When payment is made to the Awardee's assignee, the name and address of the
official payee is: N/A
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
Contract, or the dealings or the relationship between or among such persons or
28
entities, or any of them. Neither Awardee, subcontractor, nor any such person or
entity will seek to consolidate any such action in which a jury trial has been waived.
The provisions of this paragraph have been fully discussed by the parties hereto,
and the provisions hereof shall be subject to no exceptions. No party has in any way
agreed with or represented to any other party that the provisions of this paragraph
will not be fully enforced in all instances.
O. Assignment
The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this
contract, including any rights, title or interest therein, or its power to execute such
contract 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
P. 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.
Q. All Terms and Conditions included:
This contract and its attachments as referenced (Attachment A - Scope of Services;
Attachment Al — Action Steps; Attachment B - Budget; Attachment C - Progress
Report; Attachment D - Information for Environmental Review; Attachment E -
Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and
Signage) contain all the terms and conditions agreed upon by the parties.
29
IN WITNESS THEREOF, the parties hereto have caused this twenty-six (26) page contract to be
executed by their undersigned officials as duly authorized, this , day of Fcb 2011
AWARDEE:
THE CITY OF MIAMI
•
BY: -
NAME: Carlos A. Migoya
MIAMI-DADE COUNTY
BY:
NAME:
TITLE: City Manager TITLE: County Manager
DATE:
BY:
NAME Priscilla A. Thompson
TITLE: City Clerk
DATE
Witnesses:
BY:
BY:
(Signature)
Type or Print Name
(Signature)
Type or Print Name
59-6000375
Federal ID Number:
Resolution #: R-1260-07
Awardee's Fiscal Year Ending Date: 9/30
CORPORATE SEAL:
ATTEST
BY.
TITLE: Clerk, Board of Coun
Commissioners
rn
0 co
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
30
ATTEST:
Priscilla A. Thompson
City Clerk
Date: / ( -16
Approved as to Insurance
1.
ail ��L' piCL
Gary Reshefsky, Interim Director
Risk Management Administrator
7-NJ
City of Miami' a municipal corporation of the
State of Florida
By:
Carlos A. Migoya, City Manager
Approved as to Form and Correctness:
Julie 0. Bru, City Attorney
1
'
AGENCY NAME:
ACTIVITY:
FUNDING SOURCE:
AMOUNT:
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES):
PROPOSED ACCOMPLISHMENT:UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
APPROVED
CITY OF MAW
06R ISLAND PHASE II, MILTRINIT RESIDENTIAL
. CDBO DR 2605
TT. LITIVIMMEIMMEEM
$661,175
$661,175
24
24
HOUSING UNITE
ATTACHMENT*A'
QUARTER
1ST QUARTER
ACTtON STEP CATEGORY
CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY
COMPLETION SERVICE UNITS
APPROVED APPROVED
.. CUMULATIVE
PROJECTED
PAYUENT•LEVEL
APPROVED
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
COMPLETION SERVICE UNITS REIMBURSEMENTS
JAN 2011
FINAL PHASE OF ENVIRONMENTAL REVIEW:OBTAIN ENVIRONMENTAL CLEARANCE
LOAN CLOSING BETWEEN CITY AND OWNER
ROUTING OF LOAN DOCUMENTS
PRE -CONSTRUCTION MEETING
NOTICE OF COMMENCEMENT
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
"
•: 10.0 ..
0 .. 4150,000
-
.
2ND QUARTER
APRIL2011
REHABILITATION UNDERWAY
SECTION 3 AND DAVIS BACON COMPLIANCE
DRAW SUBMITTAL AND PROCESSING
MONITOR CONSTRUCTION ACTIVITY
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
...
. ...
.. • 0.0.'. - .. . _ . •
62 . . . ' S250,000
-
-
3RD QUARTER
DULY 2011
REHABILITATION UNDERWAY
SECTION 3 AND OAVIS BACON COMPLIANCE
DRAW SUBMITTAL AND PROCESSING
MONITOR CONSTRUCTION ACTIVITY
AFFIRMATIVE MARKETING OF UNITS
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
.
V
PAGE 1 OF 2
AGENCY NAME,
ACTIVITY:
FUNDING SOURCE:
AMOUNT:
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES):
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
APPROVED
CITY OF MIAM I
D6K ISLAND PHASE II, MULTI -UNIT RESIDENTIAL
C080 DR 2005
ATTACHMENT 'A'
( iv'.1� i {�tt84175
S881,175
$681 175
24
24
HOUSING UNITS
QUARTER
ACTION STEP CATEGORY
CUMULATIVE • CUMULATIVE
- PERCENTAGE OF OUARTERLY
COMPLETION SERVICE UNITS
APPROVED APPROVED
CUMULATIVE
PROJECTED
PAYMENT LEVEL
APPROVED
- -
• ACTUAL QUARTERLY ACCOMPUSHMENTS
CUMULATIVE - CUMULATIVE CUMULATIVE
PERCENTAGE OF
COMPLETION SERVICE UNITS REIMBURSEMENTS
4TH QUARTER
HFCFURFR M01
SUBSTANTIAL COMPLETION OF WORK SCOPE
SECTION 3 AND DAVIS•BACON COMPLIANCE
LEASE UP OF 24 UNITS
CLOSE OUT PROJECT
SUBMITTAL OF OUARTERLY PROGRESS REPORTS
•
.
....
70.0 . . •
0 • S161,175..
.. -
...
...
THE PROJECt`S CONSTRUCTION SCHEW LE OR- OA11T CHART MUST BE SUBMITTED TO OCED BY
PROJECTED COMPLETION DATE MAY GO BEYOND JUNE 2010.
1ST QUARTER•
2ND QUARTER
3RD QUARTER
4TH QUARTER
5TH QUARTER
BTH QUARTER
7TH QUARTER
8TH QUARTER
TOTAL PROJECT COSI
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12%OF TOTAL PROJECT COST (MAXIMUM ALLOWED)
CONSTRUCTION COSTS - 88% OF TOTAL PROJECT COST
OCED FUNOIHS
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12% OF OCED FUNDING (MAXIMUM ALLOWED)
CONSTRUCTION COSTS • BB% OF OCED FUNDING
8150,000
S250,000
$300,000
$161,175
S0
SO
SD
S881,175
S881,175
S861,175
£881,175
PLEALE co IRT AMR
THE CELLS DUOED IN
GREEN (A8CYq. EACH
CONTAINS A FORMULA
PAGE 2 OF 2
APPROVED
AGENCY NAME:
CITY OF MIAM
ACTIVITY:
DRI Habitat
FUNDING SOURCE:
COBO DR 2005
AMOUNT:
TOTAL ACTIVITY COSTS: �1 ,72S nro ? .'!'', .,
TOTAL AVAILABLE FUNDING (ALL SOURCES): 5705,725
PROPOSED ACCOMPLISHMENT UNITS: 8765,75
ACCOMPLISHMENT UNITS:
TYPE:
HOUSING UNITS
ATTACHMENT 'A'
QUARTER ACTION STEP CATEGORY .
APPROVED APPROVED APPROVED
1ST QUARTER
JAN 2011
DRAFTING OF LOAN AGREEMENT
OBTAIN INCOME CERTIFICATION FOR HOMEOWNER 05
IDENTIFY HOMEOWNER 06 AND OBTAIN INCOME CERTIFICATION
CLOSING LOAN BETWEEN CITY, HABITAT AND INDIVIDUAL HOMEOWNERS
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATNE
PERCENTAGE OF
COMPLETION SERVICE UNITS REIMBURSEMENTS
2NO QUARTER
APRIL 2010
PRECONSTRUCTION MEETING WITH SELECTEDCONTRACTOR(S)
NOTICE OF COMMENCEMENT
SECTION 3 COMPLIANCE
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
0.0 `
50
10.0
3RD QUARTER
JULY 2010
REHABILITATION UNDERWAY
DRAW SUBMITTAL AND PROCESSING
SECTION 3 COMPLIANCE
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
D
S300,060
PAGE 1 OF 2
APPROVED
AGENCY NAME:
CITY OF MIAMI
ACTIVITY:
DRI HEbNal
FUNDING SOURCE: CDBO DR 2005
AMOUNT:
TOTAL ACTMTY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES):
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
EVEMATREIM
5785,725
1785,725
5
HOUSING UNITS
• »:,A-1414I:t'
ATTACHMENT 'A'
QUARTER ACTION STEP CATEGORY APPROVED . APPROVED APPROVED
4TH QUARTER
ncT NH%
COMPLETION OF REHABILITATION
SECTION 3 COMPLIANCE
CLOSE OUT OF PROJECT
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE, UNITS PAYMENT LEVEL
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE . CUMULATIVE . CUMULATIVE
PERCENTAGE OF •
COMPLETION . SERVICE UNITS REIMBURSEMENTS
NOTE: THE PROJECTS CONSTRUCTION SCHEDULE -OR- GANT CHART MIST BE SUBMITTED TO OCED BY
PROJECTED COMPLETION DATE IS BEFORE JUNE 2010.
1ST QUARTER
2ND QUARTER
3110 QUARTER
4TH QUARTER
5TH QUARTER
6TH QUARTER
7TH QUARTER
8TH QUARTER
TOTALPROJECT COST
PRE DEVELOPMENT (PRE -CONSTRUCTION) 12%0F TOTAL PROJECT COST (MAXIMUM ALLOWED)
CONSTRUCTION COSTS • 88%0F TOTAL PROJECT COST
EDIUNINI
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12%OF OCED FUNDING (MAXIMUM ALLOWED)
CONSTRUCTION COSTS • 88% OF OCED FUNDING
100.0 .
SO
8300,000
8300,000
8185,725
80
SO
8785,725
•
8785,725
$785,725
80
$785,725
PLEASE CO NOPALTER
THE CELLS %LADED N
OREEN µ0DV6). EACH
COMM A FORM ULA
$185,226,
PAGE 2 OF 2
APPROVED
AGENCY NAME:
CITY OF MAN
ACTIVITY:
MIAMI JEWISH HEALTH SYSTEMS
FUNDING SOURCE.
CDBD DR 2005
AMOUNT:
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES):
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
IMISMZA.L"WEVYl!iMRMIDI
1990,550
S990,550 •
10
HOUSING UNITS
ATTACHMENT 'A'
CUMULATIVE CUMULATIVE • CUMULATIVE
PERCENTAGE OF QUARTERLY . . PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL
QUARTER ACTION STEP CATEGORY APPROVED
APPROVED • APPROVED
1ST QUARTER
JAN 2011
OBTAIN FINAL APPROVAL OF PROCUREMENT
DRAFTING OF LOAN DOCUMENTS BY CITY ATTORNEYS OFFICE
CLOSING LOAN BETWEEN CITY AND OWNER
PRE -CONSTRUCTION MEETING
NOTICE OF COMMENCEMENT
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF •
COMPLETION SERVICE UNITS REIMBURSEMENTS
2ND QUARTER
APRIL 2011
3RD QUARTER
JULY 2011
WORN UNDERWAY
DRAW REQUEST AND PROCESSING
SECTION 3 AND DAVIS BACON COMPLIANCE
MONITOR WORN COMPLETED
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
WORK UNDERWAY
SECTION 3 AND DAVIS BACON COMPLIANCE
DRAW REQUEST AND PROCESSING
MONITOR WORK COMPLETED
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
0.
0
0..: ,.• fd00,000
•
PAGE 1 OF 2
AGENCY NAME:
ACTIVITY:
FUNDING SOURCE:
AMOUNT:
TOTAL ACTIVITY COSTS:
TOTAL AVAILABLE FUNDING (ALL SOURCES):
PROPOSED ACCOMPLISHMENT UNITS:
ACCOMPLISHMENT UNITS:
TYPE:
APPROVED
CITY OF MIAMI
NAM JEWISH HEALTH SYSTEMS
C080 DR 200S
$990,550
$890550
60
'HOUSING UNITS
ATTACHMENT 'A'
QUARTER
4TH QUARTER
OCTOBER2011
ACTION STEP CATEGORY
WORN COMPLETED
SECTION 3 AND DAVIS•BACON COMPLIANCE
CLOSE OUT CONTRACT
SUBMITTAL OF QUARTERLY PROGRESS REPORTS
CUMULATIVE CUMULATIVE CUMULATIVE
. PERCENTAGE OF QUARTERLY PROJECTED
COMPLETION SERVICE UNITS PAYMENT LEVEL'
APPROVED , APPROVED APPROVED
ACTUAL QUARTERLY ACCOMPLISHMENTS
CUMULATIVE CUMULATIVE CUMULATIVE
PERCENTAGE OF
COMPLETION SERVICE UNITS REIMBURSEMENTS
NOTE: THE PROJECT'S CONSTRUCTION SCHEDULE OR. GANT CHART MUST BE SUBMITTED TO OCED BY
PROJECTED COMPLETION DATE MAY GO BEYOND JUNE 2010.
1ST OUARTER
2ND QUARTER
3RD QUARTER
NTH QUARTER
5TH QUARTER
6TH QUARTER
7TH QUARTER
8TH QUARTER
COST
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12%OF TOTAL PROJECT COST (MAXIMUMJECT AL OWED)
CONSTRUCTION COSTS .88%OF TOTAL PROJECT COST
FUNDING
PRE -DEVELOPMENT (PRE -CONSTRUCTION) 12%OF OCED FUNDING (MAXIMUMDALLOWED)
CONSTRUCTION COSTS • 88% OF OCED FUNDING
50
50
,ua
$590,650
SD
So
50
4990,550
$990,550
f990,650
$800,000
PLEASE DONOT ALMA
THECE1LYS11ADED IN
GREEN UBOVQ. EAU1
CONTAINS A FORMULA
S600,550
PAGE 2 OF 2
CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT
COST ALLOCATION BUDGET CDBG-SDR II
ATTACHMENT B
FINANCING SOURCES
CODE
CITY
4020
4010
HARD COSTS
D&K Island (Phase II)
Habitat for Humanity
Miami Jewish Health Systems
Total Amount:
0
0
0
COUNTY
CDBG_DR 2005
TOTAL COSTS
861,175.00
785,725.00
990,550.00
2,637,450.00
861,175.00
785,725.00
990,550.00
2,637,450.00
Administration
Salaries
FICA
Retirement
Insurance
Other Expenses
Total Amount:
0
109,173.00
109,173.00
0
8,352.00
8,352.00
0
8,734.00
8,734.00
0
7,096.00
7,096.00
0
5,459.00
5,459.00
138,814.00
138,814.00
TOTAL PROJECT COST
$ 2,776,264.00
$ 2,776,264.00
M1AMMADE
ATTACHMENT B-1
INDEMNIFICATION AND INSURANCE REQUIREMENTS
FOR CONSTRUCTION AND MAJOR
REHABILITATION ACTIVITIES
Contractor shall indemnify and hold harmless the County and its officers, employees, agents and
instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense,
which the County or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of this Agreement by the Contractor or its employees, agents, servants, partners
principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall
investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. Contractor expressly understands and agrees that any insurance protection required by
this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify,
keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as
herein provided.
The Contractor shall furnish to Miami -Dade County, c/o Office of Community and Economic Development,
701 NW 1 S` Court, 14th Floor, Miami, FL 33136, Certificate (s) of Insurance which indicate that insurance
coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida
Statute 440.
B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000
combined single limit per occurrence for bodily injury and property damage. Miami -Dade
County must be shown as an additional insured with respect to this coverage.
C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with the work, in an amount not less than $500,000 combined single limit per
occurrence for bodily injury and property damage.
D. Completed Valued Builder's Risk Insurance on an "All Risk" basis in an amount not less than
one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy
shall be in the name of Miami -Dade and the Contractor.
E. Professional Liability Insurance in the name of design professional for this project, in an amount
not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit.
All insurance policies required above shall be issued by companies authorized to do business under the laws
of the State of Florida, with the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to
the approval of the County Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest
"List of All Insurance Companies Authorized or Approved to Do Business in
Florida", issued by the State of Florida Department of Insurance and are members of
the Florida Guaranty Fund.
Certificates of will indicate that no modification or change in insurance shall be made without thirty (30)
days in advance notice to the certificate holder.
Recipient Name:
Activity Name:
Activity ID # :
Performance & Benefit Data: Housing
Supplement to Quarterly Expenditure and Progress Report • FY 2010
HUD Activity Matrix Code:
Activity Category:
HUD Matrix Code Description:
Accomplishment Type:
Reporting Period .._
1st Quarter [Jan -Marl
■
2nd Quarter [Apr -Jun]
■
3rd Quarter [Jul -Sept]
■
401 Quarter [Oct -Dec] / Annual Report
■
HOME FUNDED; PROJECTS ONLY °'DIristi ictions:Check the box thit rwnesponds io the HOME tenure type, complete.the 'appropriate Form, &attach it to this report.]
❑ Rental - 8 Rental Set Up & Completion Form
❑ Homebuyer - t Homebuyer Set Up & Completion Form
❑ Tenant -Based Rental Assistance - 8 Tenant Based Rental Assistance Set Up Form
❑ Homeowner Rehab - kg Homeowner Rehab Set Up & Completion Form
PROJECT TYPE �! pnstructions:Check the boxytiatcoriesponds:totheactivityprojecttype) r NUMBER'OF_UNITS.COMPLETED FOR PROGRAM YEAR
❑ Construction of Rental Units ❑ Rehabilitation of Rental Units
❑ Acquisition / Construction New Homeowner ❑ Homeowner Rehab Units
❑ Direct Financial Assistance to Homebuyers
Total number of Rental Units:
Total number of Owner Units:
Total number Homebuyer Households:
1rCRO MULTI -`UNIT ACTIVITY Activity St't=up & Completion Information' (Nlulti-unit housing isdefined as twoor more units nerstructure]
Units
Total
Occupied
Occupied
Low / Mod
Number of Units at Start
Number of Units Expected at
Completion
Number of Units Actually Completed
Instructions: Indicate if this activity is limited to one of more of the items listed below by
placing an °x° for each that applies.
CDBG Housing Rehabilitation
Installing Security Devices
Installing Smoke Detectors
Performing Emergency Housing Repairs
Providing Supplies and Equipment for Painting Houses
Operating a Tool Lending Library
DISPLACEMENT INFORMATION:' •
Type
Census Tract or City
White
Black
Hispanic
Asian 1 Pacific
American Indian 1 Alaskan
Displaced From
Remaining In
Relocated To
REPLACEMENT: INFORMATION: <<.
Type
Demolished / Converted Address
Replacement Address
Number of Bedrooms
Agreement Execution Date
Available Date
P RFQRMANCE MEASUREMENT $r ACCOMPLIHMENT-INFORMATION ;(Applicability 77ifs section mest be completed forau 'Rental and Homeowner acemtiesj
1. Number of Affordable Units:
c) Number of Bedrooms:
a) Units occupied by elderly:
b) Years of Affordability:
d) Number of units subsidized with project -based rental assistance by another Federal, state or local program:
e) Number of units designated for persons with HIV/AIDS, including units receiving assistance for operations:
/ Number of units for the chronically homeless:
f) Permanent housing units designated for homeless persons & families, including units receiving assistance for operations:
/ Number of units for the chronically homeless:
2. Number of Section 504 Accessible Units: 3. Number of Units qualified as Energy Star:
Performance & Benefit Data: Housing
Supplement to Quarterly Expenditure and Progress Report • FY 2010
The following questions are.for Rehabilitation Activities only
4. Number of units brought from substandard condition (HQS or local code):
5. Number of units brought into compliance with lead safety rules (24 CFR Part 35):
w The following question is for Rental Rehabilitation Activities only
6. Number of units created through conversion of non-residential to residential buildings:
Tti"e.followingquestion+8s for Acgtiisltion / Constructtori New Homeowner Activities. only
7. Number of households previously living in subsidized housing:
IRECT FINANCIAL ASSISTANCE TO_HOMEBUYERS
1. Number of first-time homebuyers: a) Of those, number receiving housing counseling:
2. Number receiving Down Payment Assistance / Closing Costs:
DIRECT BENEFICIARY :INFORMATION ;• NUMBER OFHOUSEHOLDS ASSISTED
Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the
cumulative total. From the total number depicted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity for this
reporting period and the cumulative total.
--: RACIAL CATEGORIES
`'ETHNIC'CATEGORY~
Total Number
This Quarter
Cumulative
Racial Categories [Households or Persons]
White [11]
Black / African American [12]
Asian [13]
American Indian I Alaskan Native [14]
Native Hawaiian / Other Pacific Islander [15]
American Indian /Alaskan Native & White [16]
Asian & White [17]
Black / African American & White [18]
American Indian or Alaskan Native & Black / African [19]
Other Multi Racial [20]
4 Totals
Total Number Hispanic
This Quarter
Cumulative
Total #
F. rHbiisehold•Income.
....Category?..: . t,
Extremely Low
(30% or less)
Low (31 % - 50%)
Moderate (51% - 80%)
Non Low/Mod
(81% or greater)
Total
Other Beneficiary,Data
Total Number of
Households Benefiting
from the Activity
Number of Female
Headed Households
•
Total #
;UNDING:'SOURCES °•.'I_everaging'of funds'(otherFunding 5ources]''<
CDBG Funds 1. $
HOME Funds 2. $
ESG Funds 3. $
Section 108 Loan Guarantee Funds 4. $
Other Federal Funds 5. $
State / Local Funds 6. $
Private Funds 7. $
Other 8. $
Total Funds $
Description of Other Funds (#8 )
COMMENT?
As.a .applicable b
�! REQUIREDATTACHMEN.TS[ PP Y . a
ptivitYlYPe):
'1) Certificate. of Occupancy or Completion; 2) Declaration. of Restrictive Covenants; 3) Special Warranty :.Deed(s);:4) HOME Completion Report (by activiity;type) :5) Documentation ofEtigiblej
I
(Occupancy (income household -size data); 6) Rent Charged (rental housing only) 7) Property Standards & Long Terri Use Restrictions; 8) Written Agreement with'.landbnil developer depicting'
total number of units &number to be -occupied by LMI persons; 9) Final Sources '& Uses Statement; & 10) any other required documentation as depicted in the Contractor Scope of Services.
Report Prepared by:
Print Name
Signature of Certifying Official:
Title:
Title:
Date:
Date:
Performance & Benefit Data: Housing
Supplement to Quarterly Expenditure and Progress Report • FY 2010
Reporting. Period:
❑ 1s' Quarter [Jan -Mar] ❑ 2nd Quarter [Apr -Jun]
QUARTERLY EXPENDITURE AND
PROGRESS REPORT. FY 2010
❑ 3rd Quarter [Jul -Sept] ❑ 4th Quarter [Oct -Dec] / Annual Report
Section I: General Information
Recipient Name (Organization):
Contact Person (Name & Title):
Activity Name (Project Title):
Activity Address:
Activity Description:
Telephone Number:
Activity ID # : Index Code: Funding Source: Funded Amount: $
Activity Category: ❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service
Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities
Outcome: ❑ Availability/Accessibility ❑ Affordability El Sustainability
Section 'I l: Financial Information
A
B
C
D
E
F
G
H
CATEGORY
APPROVED
BUDGET
TOTAL
EXPENDED
[This Quarter)
ACTUAL
EXPENDITURES
CUMULATIVE
[Through end of this quarter)
REIMBURSED
CUMULATIVE
[Through end of this quarter]
CUMULATIVE
PERCENTAGE
IB & DI
PROJECTED
EXPENDITURES
[Next Qua'terj
PROJECTED
CUMULATIVE
EXPENDITURE
[By end of Contract Period]
Personnel
$
$
$
$
%
$
$
Contractual
$
$
$
$
%
$
$
Operating Costs
$
$
$
$
%
$
$
Commodities
$
$
$
$
%
$
$
Capital Outlay
$
$
$
$
%
$
$
TOTAL
$
$
$
$
%
$
$
Program Income • The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from DHCD.
1. Does this activity generate Program Income? El Yes ❑ No 2. If yes, indicate the amount generated this quarter. $
3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A
It yes, to attach copy of approval letter and related documents. If no, a written request for approval to use the Program Income must be submitted to DHCD —or— a check payable to Miami -
Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract. • Check Attached? ❑ Yes ❑ No ❑ N/A
ACTIVITY STATUS AND ACCOMPLISHMENT INFORMATION
1. Activity Status: El Cancelled ❑ Underway El Completed 2. Environmental Status: ❑ A=Exempt ❑ C=Completed El D=Underway
3. Is this activity still in compliance with the original project schedule? El Yes ❑ No
Section III: ❑ Work in Progress ton -going Activities ] • ❑ Accomplishment Narrative .[Activity Completed j
I Check appropriate box and reference the Scope of Services, included inpur contract, as the basis for reportin jhe work in progress or accomplished in a brief narrative format. [ ig Attach Scope of Services]
Section IV: Other Supporting EffortS • Provide a descriptiori, using quantifiable data, of all other supporting efforts that have begun, partially implemented, or completed during this period.
7
QUARTERLY EXPENDITURE AND
PROGRESS REPORT. FY 2010
{Section V: Problems Encountered • Provide a brief description of any problems or delays encountered during this period or anticipated.
Section VI: Technical Assistance • If your organization has a need or anticipate a need for technical assistance during this period, please describe the. nature of the assistance required.
Section VII: Performance Measurement
Accomplishment Type: ❑ People [01] ❑ Households [041 ❑ Businesses [081 ❑ Organizations [og] ❑ Housing Units [10[
D Public Facilities [11] ❑ Jobs [13]
National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA] -or- ❑ Direct Benefit [e.g. LMC, LMH, LMJ]
Achievements: ❑ Yes ❑ No • Type: ❑ Housing .
j Housing Units
Owner r Rental r Buyer Total
Projected Goal I ' I r
r- !
Actual This Quarter*
Actual Cumulative r i P
j *Supplemental Form 8 Required - Attached Y / N :
(1) Performance & Benefit Data Housing
Note: HOME funded projects must submit applicable activity set-up form.
Achievements: ❑ Yes No • Type: ❑ People or ❑ Households
IPeople Pi Households
t
Total People j Low! Mod
Total
Households
I Female
Low! Mod j Headed
Projected Goal I I
Actual This Quarter*
t [
I 1 .
Actual Cumulative
r i
1
*Supplemental Form a Required - Attached Y / N :
(1) Performance & Benefit Data: Public Service & Administration
■ -or-
(2) Performance & Benefit Data: Capital Improvement & Public Facilities ■ -or-
(3) Performance & Benefit Data: Housing ■
Achievements:.❑ Yes ❑ No • Type: ❑ Jobs or ❑ Businesses
Jobs Created
FT JobsJ Low! Mod j PT Jobs I Lowl ModJ Total
Projected Goal J J J
Actual This Quarter* +
Actual Cumulative
J
Jobs Retained
FT Jobs J Low / Mod ; PT Jobs Low / Mod I. Total
�
*Supplemental Form [ Required - Performance & Benefit Data: Economic Development - Attached Y / N :1_
PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials
NOTE: Submittal of Supplemental Form — Performance & Benefit Data is not required at this time based on the certification that no accomplishments occurred during this quarter.
CERTIFICATION
This is to certify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have
been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements.
Report Prepared by: Title: Date:
Print Name
Signature of Certifying Official:
Title:
Date:
FOR DHCD USE ONLY
Report ❑ is / ❑ is not complete • Report ❑ is / ❑ is not accurate • Initial review for completeness and accuracy completed by:
Name: Date: Name: Date:
Team Leader / Supervisor
Contracts Officer
Activity IDIS Number:
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
QUARTERLY EXPENDITURE & PROGRESS REPORT -Page One - Instructions
Reporting Period: Enter "X" in the box that corresponds with the appropriate reporting period for this report.
Section I: General Information
1. Recipient Name: Fill in the appropriate Agency / Organization Name.
2. Contact Person: Fill in the Contact Person's Name and Title.
3. Telephone Number: Fill in the Telephone Number of the Contact Person.
4. Activity Name (Project Title): Enter the name of the activity.
5. Activity Address: Enter the complete address of the location where the activity is taking place.
6. Activity Description: Enter brief description of the activity (120 characters maximum).
7. Activity ID #: Enter Activity ID No. of the activity.
8. Index Code: Enter the Index Code from FAMIS.
9. Funding Source: Enter the funding source (e.g. CDBG 06, CDBG DR 07, ESG 07, HOME 98, HOME CHDO 08, etc.).
10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable.
11. Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity (e.g. Housing, Economic Development, etc.).
12. Objective: Enter "X" in all that apply for the primary objective the activity is designed to provide.
13. Outcome Enter "X" in all that apply for the primary outcome the activity is designed to provide.
Section II: Financial Information
1. Column B: Enter amount budgeted for the activity in each category of the approved budget (or most recent approved budget amendment).
2. Column C: Enter amount expended for the activity in each category during this reporting period.
3. Column D: Enter the actual cumulative expenditures from beginning of the contract through the end of this reporting period for each category.
4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category.
5. Column F: Enter the cumulative percent of expenditures for each category by dividing each amount in column D (Actual Cumulative Expenditures) by
the corresponding amounts as shown in column B (Approved Budget). Example — If Column D shows $5,000 expended to date in the Personnel
Category and Column B shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25%.
6. Column G: Enter amount of projected expenditures in each category for the next quarter (reporting period).
7. Column H: Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period.
8. Total: Please include totals at the bottom of each column B through H.
9. Generate Program Income?: Enter "X" in the "Yes" box if this activity is expected to generate Program Income; otherwise enter "X" in the "No" box.
10. if the response is "Yes" to Program Income: Indicate the amount of program income generated during this reporting period; if the answer was "No"
enter N/A.
11. If Program Income is generated: Enter "X" in the "Yes" if DHCD approved use of the Program Income & provide copy of written approval letter along
with all related documents. Otherwise, enter 'X" in the "No" box and submit a written request for approval —or— a check payable to Miami -Dade County
for the generated Program Income.
ACTIVITYSTATUSAND ACCOMPLISNMENTiNFORMATION
1. Activity Status: Enter "X" in box that corresponds with the appropriate status of the activity [Cancelled, Underway, or Completed]. Please note that an
activity is considered complete once it meets its national objective, all accomplishments have been reported, and ail the funds are drawn from IDIS.
2. Environmental Status: Enter "X" in the box that corresponds with the appropriate status of the activity [A=Exempt, C=Completed, or D=Underway]
3. Compliance with Original Project Schedule: Enter "X" in the "Yes" box if the activity complies with the original project schedule; if not enter "X" in the
"No" box.
Section III: Work in Progress
Provide a brief narrative description of work in progress during this reporting period. For example -
• Housing - During this period architectural drawings were completed, building department approved drawings, environmental approval received, plat
filed with the County, and construction is expected to begin next quarter.
• Economic Development • Fifteen jobs were created during the reporting period, five additional jobs are expected to be created by next quarter.
• Capital Improvement - 75% of construction of the childcare center completed this reporting period. Project on schedule and is expected to be
completed by next quarter.
Section IV: Other Supporting Efforts
Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period.
Include quantifiable data whenever appropriate. In addition, other expenditures of funds, including local match and leverage contributions, should be
depicted here.
QUARTERLY EXPENDITURE & PROGRESS REPORT — Page Two - Instructions,
Section V: Problems Encountered
Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the
next quarter. Report any problems that may impact the project as originally proposed, including but not limited to changes in Scope of Services,
beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to report/discuss any problems
encountered in order to resolve them as quickly as possible.
Section VI: Technical Assistance
This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity.
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Section VII: Ferformance Measurement
•1. Accomplishment Type: Enter "X" in the box that corresponds to with the actual accomplishment type of this activity [People, Households, Businesses,
Organizations, Housing Units, Public Facilities, or Jobs].
2. National Objective: Enter "X" in the box that corresponds with the National objective of this activity. Refer to Attachment A in the Contract to locate the
National Objective for the activity —or= contact the Contracts Officer to obtain this information.
Code
Beneficiary Type
ATIONA013JECTNE CODE$ & DESCRIPTIONS
Description
24 CFR Citation
LMA
Area Basis Benefit
Low/Mod Area Benefit
570.208(a)(1)
LMAFI
Area Basis Benefit
Low/Mod Area Benefit, Community Development Financial Institution (CDFI)
570.208(d)(6)(i)
LMASA
Area Basis Benefit
7
Low/Mod Area Benefit, Neighborhood Revitalization Strategy Area
570.208(d)(5)(i)
LMC
Direct Benefit
Low/Mod Limited Clientele Benefit
570.208(a)(2)
LMCMC
Direct Benefit
Low/Mod Limited Clientele, Microenterprise
570.208(a)(2)(iii)
LMCSV
Direct Benefit
Low/Mod Limited Clientele, Job Service Benefit
570.208(a)(2)(iv)
LMH
Direct Benefit
Low/Mod Housing Benefit
570.208(a)(3)
LMHSP
Direct Benefit
Low/Mod Housing Benefit, CDFI or Neighborhood Revitalization Strategy Area
570.208(d)(5)(ii)
570.208(d)(6)(ii)
LMJ
Direct Benefit
Low/Mod Job Creation/Retention
570.208(a)(4)
LMJFI
Direct Benefit
Low/Mod Job Creation/Retention, Public Facility/Improvement Benefit
570.208(a)(4)(iv)(F)
LMJP
Direct Benefit
Low/Mod Job Creation, Location Based
570.208(a)(4)(iv)
SBA
Designated Area Basis
Slum/Blight Area Benefit
570.208(b)(1)
SBR
Urban Renewal Area
Slum/Blight in an Urban Renewal Area
570.208(b)(3)
SBS
Spot Basis
Slum/Blight Spot Basis
570.208(b)(2)
URG
Urgent Need
Urgent Need
570.208(c)
The data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the
quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and the
Recipient must complete the Performance Certification check box for No Accomplishments"
3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire and/or Construct New Homeowner Units, Rehabilitate
Homeowner Units, or provide Homeowner Counseling and Direct Financial Assistance to Homebuyers must complete this section if any
accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Housing".
4. Total People or Households: Activities that provide Public Services or Administrative (e.g., Fair Housing Activities) must complete this section if any
accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Public Services —or-
Administration". Capital Improvement and Public Facilities Activities must complete this section if any accomplishments are achieved in the reporting
period and complete the Supplemental Form, "Performance and Benefit Data: Capital Improvement & Public Facilities".
5. Total Jobs: Activities that create or retain jobs, and/or provide assistance to businesses, must complete this section if any accomplishments are
achieved in the reporting period and complete the Supplemental Form, 'Performance and Benefit Data: Economic Development".
6. Performance Certification: The Performance Certification check box for "No Accomplishments" must be checked and initialed by the Certifying Official
if there have been no accomplishments during the reporting period. This item certifies that there have been no accomplishments during the reporting
period and the Recipient is excused from providing any further accomplishment information on the activity status as required by HUD. Reference HUD
"Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs." A copy of the Notice and
additional information about performance measurements is available at the following Zink: http:llwww.hud.govlofficeslcpolaboutlperformance/ .
7. Report Prepared By: The name and title of the report preparer, along with the date, must be completed.
8. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her title must be entered, and the certification must
be dated.
SUPPLEMENTAL FORM: PERFORMANCCE:& BENEFIT DATA
INSTRUCTIONS'
This Performance and Benefit Data Report must be completed and provided to DHCD for any quarter when actual accomplishments are achieved, the
activity is completed, and the national objective is met. In addition, direct benefit or area benefit data must be provided as well. Please fill out the requested
information completely and accurately as applicable for the funded activity. The following general information is available on Attachment A in the contract:
Activity ID, Activity Category, HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports must
include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and the
reportmust be dated.
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
UBLICSERVICES or,ADMINISTRATION
ITAL IMPROVEMENT&'PUBLIC FACILT
Project Category [required]: Enter "X' in the box that corresponds with the
funded project type.
Accomplishment Type / Measures [required]: Enter "X' in the box that
corresponds with the funded project type.
Accomplishment Units Completed [required]: Indicate the number of
persons or households served and number that are low/mod income.
Performance Measurement & Accomplishment Information [required]
(1) Indicate the total number benefiting from the activity.
(2) Indicate method used to count the number benefiting from the activity — by
Households served or Persons served.
(3) Of those assisted, responds to each inquiry — a through c — by providing
the number that benefited, and provide the total for all.
Direct Benefit Information [required]: Beneficiary information must be
provided in this section for activities having a national objective of LMC,
LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete
the Area Benefit Information section. Provide information for actual number of
households or persons assisted, for this reporting period and the cumulative
total. Also, provide requested information in the Income Category and Other
Beneficiary Data Sections.
Area Benefit Information [required]: If applicable for funded activity.
Funding Sources 1 Leveraging of Funds [required]
HOME Funded Projects Only [required]: Enter'X' in the box that corresponds
with the funded HOME tenure type, complete the corresponding Form, & attach it
to the report.
Project Type [required]: Enter'X' in the box that corresponds with the funded
project type.
Number of Units Completed [required]: Indicate total number of Rental Units,
Owner Units, or Homebuyer Households completed for the funded activity.
CDBG Multi -Unit Activity, if applicable: Provide all requested information for both
charts in this section.
Displacement Information, if applicable: Provide all requested information in the
chart.
Replacement Information, if applicable: Provide all requested information in the
chart.
Performance Measurement & Accomplishment Information [required], all
applicable sections must be completed
(1) Provide number of Affordable Units and respond to each inquiry — a through f
— by providing the requested information
(2) Provide number of Section 504 Accessible Units
(3) Provide number of units qualified as Energy Star
(4) Provide number of units brought up to HQS/Local Code (Rehab only)
(5) Provide number of units brought in compliance with lead safety (Rehab only)
(6) Provide number of units created through conversion of non-residential to
residential buildings (Rental Rehab only)
(7) Provide number of households previously living in subsidized housing
(Acquisition/Construction New Homeowner only)
Direct Financial Assistance to Homebuyers, if applicable
(1) Provide number of first-time homebuyers and of those, indicate number that
received housing counseling
(2) Provide number receiving Down Payment Assistance/Closing Costs
Direct Beneficiary Information [required] — must be completed for the actual
number of households assisted, for this reporting period and the cumulative total.
Also, provide requested information in the Household Income Category and Other
Beneficiary Data Sections.
Funding Sources 1 Leveraging of Funds [required]
Required Attachments must be provided, if applicable.
Project Type [required]: Enter "X° in the box that corresponds with the funded
project type.
Measures: Acquisition/Disposition and Clearance/Demolition activities only —
Enter "X' in the box that corresponds with the funded activity.
Accomplishment Units Completed [required]: Indicate the number of units
completed [Structures, Parcels, or Facilities] , number of persons served, and
number that are low/mod income
Performance Measurement & Accomplishment Information [required]
(1) Enter total number benefiting from the activity for the program year.
(2) Indicate if the count is by Household or Persons.
(3) Of those assisted, respond to each inquiry — a through h — by providing the
number that benefited, and provide the total for each section.
Direct Benefit Information [required]: Beneficiary information must be provided
in this section for activities having a national objective of LMC, LMCMC, LMCSV,
LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit
Information section. Provide information for actual number of households or
persons assisted, for this reporting period and the cumulative total. Also, provide
requested information in the Income Category and Other Beneficiary Data
Sections.
Area Benefit Information [required]: If applicable for funded activity.
Funding Sources I Leveraging of Funds [required]
Required Attachments must be provided, if applicable
ONQMiC DEVELOPMENT=.
Note: Jobs data should be prepared as accomplishments take place (as jobs are
created) or on a quarterly basis, at a minimum.
Job Creation and/or Job Retention Information [responses required for this
Accomplishment Type]
(1) Complete the Job Creation area if the activity is expected to create jobs;
otherwise, complete the Job Retention area if the activity is expected to
retain jobs.
(2) Indicate the number of jobs created or retained, as applicable, by job type for
this reporting period and the cumulative total.
(3) Direct Benefit Information — must be completed for the actual jobs created or
retained, as applicable, for this reporting period and the cumulative total.
Also, provide requested information in the Income Category and Other
Beneficiary Data Sections.
(4) Number of jobs created with employer sponsored health care benefits
(5) Number unemployed prior to taking job created
(6) Number of jobs retained with employer sponsored health care benefits
(7) Provide explanation if proposed goals are not met
Assistance to Businesses [responses required for this Accomplishment Type]
(1) Indicate total number of business assisted, of that amount indicate how many
are new businesses and the number of existing businesses
(2) Of the existing businesses, indicate how many were expanding businesses
and the number that were relocating
(3) Indicate the number of businesses assisted with facade treatment or
business building rehab
(4) Indicate the number of businesses that provide goods or services to meet the
needs of a service area, etc.
(5) Provide the DUNS number for each business assisted [a requirement for any
business that receives Federal assistance]
Area Benefit Information [required]
Funding Sources I Leveraging of Funds [required]
Required Attachments must be provided, if applicable.
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
DEFINITIONS & ACRONYMS
Area Benefit: Those activities having a national objective of LMA, LMAJI, and LMASA. Beneficiary data is reported by Survey or Census data for the
percentage of low- and moderate -income persons in the service area. CDBG regulations specify that 51 percent of the residents of the service area must be
LMI. Examples of area benefit activities include street/sidewalk improvements, water/sewer lines, neighborhood facilities, and facade improvements in
neighborhood commercial districts.
Census Block: A geographic area bounded by visible and/or invisible features shown on a map prepared by the U.S. Census Bureau. A block is the
smallest geographic entity for which the Census Bureau tabulates decennial census data.
Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by
a local group of census data users or the geographic staff of a regional census center in accordance with Census Bureau guidelines.
CDBG National Objectives: The authorizing statute of the CDBG program requires that each activity funded except for program administration and
planning activities must meet one of three national objectives. All CDBG activities must achieve one or more of these national objectives.
• Benefit to low and moderate -income (LMI) persons,
• Aid in the prevention or elimination of slums or blight, and
• Meet a need having a particular urgency (referred to as urgent need), e.g., existing conditions pose a serious and immediate threat to the health or
welfare of the community.
In addition, a minimum of 70% of the CDBG program expenditures must meet the LMI benefit national objective.
Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Beneficiary data is reported by
the total number of persons or households benefitting from an activity.
DUNS Number: Data Universal Numbering System (DUNS) number is a requirement for any business that receives Federal assistance. If a business does
not have one, it should call the DUNS number request line at 1-866-705-5711 to obtain a number. The process is free and takes about ten minutes.
ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all save money and protect the environment through energy efficient
products and practices. HUD encourages incorporation of ENERGY STAR qualified products and practices when conducting rehabilitation or constructing
new housing. Likewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator categories in the performance
measurement system.
Extremely Low -Income: Households with annual income less than 30% of the area median income, as established by HUD. The number of household
members is used in the determination.
Ethnic Categories: HUD and grantees are required to treat ethnicity as a separate category. "Hispanic or Latino" and "Not Hispanic or Not Latino" are
designated as separate ethnicity categories.
• Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race.
The term, "Spanish origin," can be used in addition to "Hispanic or Latino."
• Not Hispanic or Not Latino: A person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin,
regardless of race.
Family: All persons living in the same household who are related by birth, marriage, or adoption.
Household: All persons occupying the same housing unit. The occupants may be a single family, one person living alone, two or more families living
together, or any group of related or unrelated persons who share living arrangements.
Housing Quality Standards (HQS): HOS are set acceptable conditions for interior living.space, building exterior, heating and plumbing systems, and
general health and safety. The purpose of HQS is to determine whether a housing unit is decent, safe and sanitary.
Income: (1) Annual income as defined under Section 8; (2) Annual income as reported under the Census long form; or (3) Adjusted gross income as defined
by the IRS Form 1040.
Low Mod Job Creation or Retention (LMJ): An activity designed to meet the National Objective of creating or retaining permanent jobs, at least 70 percent
of which (computed on a full-time equivalent basis) will be made available to or held by LMI persons.
Low Mod Limited Clientele (LMC): An activity carried out to meet the National Objective of benefit to LMI persons. Activities under the LMC category must
meet one of the following criteria:
• Benefit clientele that is generally presumed to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults,
homeless persons, illiterate adults, persons living with AIDS and migrant farm workers); or
• Require documentation on family size and income in order to show that at least 70 percent of the clientele are LMI; or
• Have income eligibility requirements limiting the activity to LMI persons only; or
• Be of such a nature and in such a location that it can be concluded that clients are primarily LMI.
Low Mod Income Area Benefit (LMA): An activity carried out to meet the National Objective of benefit to LMI persons that benefits all residents in a
particular target area, where at least 51 percent of the residents are LMI persons. '
Low and Moderate Income (LMI): Low and moderate income means family or household annual income less than the Section 8 Low Income Limit,
generally 80 percent of the area median income, as established by HUD.
Low -Income Household/Family: A household/family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median
income) as established by HUD.
Low Income: Households with annual income less than 50% of the area median income, as established by HUD.
Low Mod Housing (LMH): An activity carried out to meet the National Objective of benefit to LMI persons/households, e.g., acquisition, construction, or
improvement of permanent, residential structures which, upon completion, will be occupied by LMI households.
Matrix Codes: The matrix code indicates how the activity is eligible under CDBG regulations, it generally identifies the purpose for which assistance was
provided, and determines the type of accomplishment units that should be reported.
Microenterprise: A business that has five or fewer employees, one or more of whom owns the enterprise.
Moderate -Income Household/Family: A household/family having an income equalto or less than the Section 8 Low Income limit (80% of area median
income) established by HUD, but greater than the Section 8 Very Low Income limit (50% of area median income) established by HUD.
QUARTERLY EXPENDITURE AND PROGRESS REPORT
INSTRUCTIONS, DEFINITIONS & ACRONYMS
Objectives: The objectives capture the range of community impacts that are expected to occur as a result of program activities. There 'are three possible
objectives for each activity: 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities.
Outcomes: The program outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of
the activity. There are three possible outcomes: 1) Availability/Accessibility, 2) Affordability, and 3) Sustainability.
Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit
may be sold without penalty to the homeowner.
Program Income: Any gross income received by the sub recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)).
Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial
demographics of the individuals and/or the communities they serve, or are proposing to serve.
1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America),
and who maintains tribal affiliation or community attachment.
2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as 'Haitian" or Negro" can be used in
addition to "Black or African American."
4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
5. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
6. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above.
7. Asian & White. A person having these multiple race heritages as defined above.
8. Black or African American & White. A person having these multiple race heritages as defined above.
9. American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above.
10. Other Multi -Racial. A person reporting multi -race heritages not included in any of the other nine categories listed above, and that have a total count
that exceeds one percent of the population served.
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. It imposes
requirements to ensure that "qualified individuals with handicaps" have access to programs and activities that receive Federal funds. Minimum requirements
include, but are not limited to: 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative
Requirements.
Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist
the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job -training
program. Sub recipients are also referred to as sub grantees.
Survey: The survey instrument and methodology must be approved by HUD for the purpose of establishing the percentage of LMI persons in a service area.
A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance
is available in CPD Notice 05-06.
ra a a ['a t.illVilil\ 1 V
MIAMI-DADE
OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED)
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:
II
I
CDBG
HOMELESS (SRO/SHP)
2. Indicate Fiscal Year. FY 20
3. Name of Subrecipient/Agency:
❑ HOME
n EDI
f l HOPE VI
n BEDI
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/orant recipient:
Name:
Address:
City:
State:
Zip:
Phone:
Fax:
Form Revised 10/12/07
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 r roiect result in the following?
YES
NO'
1. Change in use
2. Sub -surface alteration (i.e. excavations)
3. New construction
4. Renovation or demolition
5. Site improvements (utilities, sidewalk, landscaping, storm
drainage, parking areas, drives, etc.)
6. Building improvements (windows, doors, etc.)
7. Displacement of persons, households or business
8. Increase in population working or living on site
9. Land acquisition
10. Activity in 100-year floodplain
11. A new nonresidential use generating at (east 1,375,000 gallons of
water or 687,500 gallons of sewage per day.
12. Use requiring operating permit (i.e. for hazardous waste,
pretreatment of sewage, etc.)
13. A sanitary landfill or hazardous waste disposal site
14. Tree removal or relocation
15. Street. improvements
16. The impounding of more than 10 acre feet of water (e.g. digging a
lake or diverting or deepening of a body of water).
2
• Part III. SITE SPECIFIC INFORMATION
1. Land Use:
Describe the existing and proposed land use:
• Existing?
• Proposed?
2. Site Plan:
Does the proposed activity include a new structure(s) or site improvements on a site of one t11
acre or more? • LI YES ri 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?
fl YES (l N0
If yes, photographs must be provided of each side (front, rear and sides) of the structure(s)
proposed for assistance and the buildings on the adjacent lots. The photographs shall be
identified by address. in addition, provide for each existing structure on the site, the following
information:
• Existing structure(s) on site? YES I ) NO
• Estimated age of structure(s)?
4. Value of Improvements:
Does the proposed activity include rehabilitation or renovation of structure(s)?
❑ YES n NO
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:
n
n
n
11
0 to 39.9 percent of the market value of the structure(s)
40 to 49.9 percent of the market value of the structure(s)
50 to 74.9 percent of the market value of the structure(s)
75 percent or more of the market value of the structure(s)
5. Phase l 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?
I
YES U 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 wastellandfill facilities and
underground storage tanks (available through the Department of Environmental Regulations
and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S.
Environmental. Protection Agency (EPA)); and site inspection for physical evidence of
contamination such as damaged vegetation or stains in the soil.
Has a Phase I been performed?
YES ❑ NO
6. Environmental Health Information:
• If a residential site, and the activity includes or involves rehabilitation, has it been inspected for
defective paint surfaces?
YES n 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?
fl YES ❑ NO
If yes, please submit the results.
4
7. Other Site Information:
•
YES
NO
1.
Flood insurance required?
2.
Public water available on site?
3.
Public sewer available on site?
4.
Children under 7 years of age residing on
site or relocating to site (including day care facility)?
5.
Hazardous waste disposal facility?
6.
Storage of hazardous materials on site?
7.
Abandoned structure(s) on site?
Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS
Required Submittal Documents:
1. For all projects: Submit street/plat maps that depict location of property in the County and/or City
with the location or lot clearly pointed out.
2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan.
3. For housing/building rehabilitation projects only: Submit a scope of service, an itemized budget
describing the major components of the rehabilitation program planned, and a photograph of the
property.
4. For historic proprieties, include: Submit photographs of the property, and a description of any
adjacent historic properties that may be affected by your activity.
Part V. CERTIFICATION
I certify to the accuracy of the information provided. I understand that all funded activities must
have an approved environmental review clearance prior to the commencement of projects. I clearly
understand that any omitted andfor incorrect information will delay the initiation of the
environmental review process by the OCED staff. As such, l am aware that omitted information
could delay the commencement of my organization's project. 1 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
Office of Community and Economic Development
701 NW lst Court - 14th Floor
Miami, Florida 33136
5
. TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED:
Type of Activity
EXEMPT*
CENST**
CEST***
EA****
Economic Development
New Construction
Rehab
Non-Construction/Expansion
X
X'
X
X2
Housing
Single Family Rehab
Multi -Family Rehab
New Construction
Homeownership Assistance
Affordable Housing Pre-Dev.
X
X
X
X'
X2
X
Capital Improvement
Handicapped Access
Public Facilities
Infrastructure
X
X'
X'
X2
X2
Public Services
Employment
Crime Prevention
Child Care
Youth or Senior Services
Supportive Services
X
X
X
X
X
Type of Publication
No Public
No Public
No Public Notice/No
Publish
Notice/No
Notice/No
RROF (No Statutory
FONSI and
RROF
RROF
Requirement Triggered)
NOI/RROF
Or
Publish N0l/RROF
(Statutory Requirement
Triggered)
Estimated Time Frame (Excluding
30-45 Days
30-45 Days
45-90 Days
90 Days
Triggered Statutes)
Minimum
X' If for continued use and change in density (or size) of less than 20%
X2 Change in density (or size) of more than 20%
**
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
A t 1 ACHMENT E
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any of the funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreement in excess of $100,000)
and that all subrecipients shall certify and disclose accordingly.
4.. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a ivil penalty of not less than $10,000 and not more than $100,000 for
each such f tlure.
By:
Print:
Title:
Date:
(Signature or Authorized Representative)
1
(ci_r (OS 4, 1 g oy ct.
(Print Name of Pirm and Authorized Representative)
C.1 frta Y1 5 �Y
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ATTACHMENT F
• County Construction Sign
, (Only areas circled are subject to change)
Carlos Alvarez A
Mayor
Dennis C. 1,,..1cs.
"Pepe^ Da
CN.,;14.ierson
BarisiavA ..1, Jordan
Distira
Doran D. Rolle
bfrict
Audrey M. Edrtinnson
Disfric't 3
Salty A. Hyman
District 4-•
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Carlos A. qitnen.
Disteiat7
Kay sorensrjp
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Yenis .106-s• k„
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Sen. Javier 0. Soulo
DiStria
joe A. Martinez:
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Seij.4.as
District la/
Harvey
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MIAMIDADE
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r-,-.AMPLE PLACEMENT
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This Form to be Faxed to: 305-375-1125
Attention: Michael O. Smart
Quantity required I
Gps.Request D Yes 0 No
1
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Replacernent New sign
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Di$trict Commissioner
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE GRIST THOMAS.G. PELHAM
Governor Secretary
JUN 3 0 2008
The Honorable Carlos Alvarez
Mayor, City of Miami
1 1 I NW First Street, 29th Floor
Miami, Florida 33128
Re: Disaster Recovery Community Development Block Grant (CDBG) Program
Contract # 08DB-D3-1 1-23-01-A01
Dear Mayor Alvarez:
We are pleased to return your executed Disaster Recovery CDBG Award Agreement with the Department of
Community Affairs (DCA). The Agreement must be retained in your official CDBG files and made available for
public review upon request. Please note the following instructions before beginning your project:
• Do not incur or obligate more than $15,000 in expenses until you complete an environmental
review of the project and receive a release of funds notice from the Department. You may incur up
to 115,000 in administrative costs to cover theenvironmental review and other start-up activities.
• Your contract contains performance related Program Conditions (Attachment C, Section 11) .that
must be met before funds for construction may be drawn. Special Conditions, if applicable, are
reflected in Attachment J. Review your contract immediately and begin the process of meeting
applicable program or special conditions-
• Enclosed are copies of the Projection of. Contract Payments Form, Quarterly Report Form and
Minority Business Enterprise Report (with instructions). Use these formsto project quarterly payment
needs, to report accomplishment data and to report contractual activities. The Department cannot
process an electronic payment request for an amount less than $5,000 (unless it is the final payment).
We look forward to working with you and will providetechnical assistance upon request. If you have
questions, please contact Terri Chasteen, Community Assistance Consultant, by phone at (850) 410-0587.or by e-
mail at to ri.chasteenGi'dca.state.fl.us.
it D. Stafford, Interim Administrator .
Florida Small'Cities & Disaster Recovery Programs
0DS/tjc
Enclosures
cc: Jose Cintron, Director, Miami -Dade County Office of Community & Economic Development
Tangie White Jackson, Director, Miami -Dade County Community and Economic Development Division
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850-488-8466 (p) • 850-921-0781 (f) • Website: www.dca.state.fl.us
. COMMUNITY PLANNING 850-46e-2356 (p) 850-488.3309 VI •
• HOUSING AND COMMUNITY DEVELOPMENT 8SO-488-1956(p) 850.912-5623 in •
Agreement Number: 08DB-D3-11-23-01-A01
20O8 JUN 27 PM 2: 20
CFDA Number: 14.228
Applicable Rule: 9BER07-1, Florida Administrative Code
FEDERALLY -FUNDED 2005 SUPPLEMENTAL DISASTER RECOVERY SUBGRANT AGREEMENT
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and Miami -Dade County, (hereinafter referred to as the "Recipient').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant
funds to provide the services identified herein: and
B. WHEREAS, the Department has received these grant funds from the U. S. Department of
Housing and Urban Development, and has the authority to subgrant these funds to the Recipient upon the
terms and conditions hereinafter set forth: and
C. -WHEREAS, the Department has authority pursuant to Florida law to disburse the funds
under this Agreement.
NOW, THEREFORE, the Department and the Recipient do mutually agree as follows:
(1) 'SCOPE OF WORK
The Recipient shall fuliy .perform the obligations in accordance with the Budget and
Scope of Work, Attachment A, the Activity Work Plan(s) by service area, Attachment B of this Agreement,
and.the Subgrant Application including subsequent revisions that are mutually agreed to by both parties,
which are incorporated herein by reference ('the Subgrant Application").
(2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES
Both the Recipient and the Department shall be governed by applicable State and
Federal laws, rules and regulations; including but not limited to those -identified in Attachment C.
(3) PERIOD OF AGREEMENT
1
begin upon execution by both parties, and shall end twenty-four
(24) months after the last date signed, unless terminated earlier in accordance with the provisions of
Paragraph (10) of this Agreement. CONTRACT EXTENSIONS WILL NOT BE GRANTED UNLESS
RECIPIENT IS ABLE TO PROVIDE SUBSTANTIAL JUSTIFICATION AND THE DIVISION DIRECTOR
APPROVES SUCH EXTENSION.
(4) MODIFICATION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes,.
which are mutually agreed upon, shall be valid only when reduced to writing, duly signed by each of the
parties hereto, and attached to the original of this Agreement.
(5) RECORDKEEPING
(a)
As applicable, Recipient's performance under this Agreement shall be subject to
the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53
Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost
Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational
institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement
ismade with a commercial (for -profit) organization on a cost -reimbursement basis, the Recipient shall be
subject to Federal Acquisition Regulations 31.2 and 931.2_
(b) The Recipient shall retain sufficient records demonstrating its compliance with
the terms of this Agreement, and the compliance of all subcontractors or consultants to be paid from
funds provided under this Agreement, for a period of six (6) years from the date of final closeout of this
Agreement, and shall allow the Department or its designee, Chief Financial Officer, or Auditor General
access to such records upon request. The Recipient shall ensure that audit working papers are made
available to the Department or its designee, Chief Financial Officer, or Auditor General upon request for.a
period of six (6) years from the date of final closeout of this Agreement, unless extended in writing by the
Department, with the following exceptions:
2
1. If any litigation, claim or audit is started before the expiration of the six -year
period and extends beyond the six -year period, the records will be maintained until all litigation, claims or
• audit findings involving the records have been resolved.
. 2. Records for the disposition of non -expendable personal property valued at
$5,000 or more at the time of acquisition shall be retained for six (6) years after final disposition.
3. Records relating to real property acquisition shall be retained for six (6) years
after closing of title.
(c) The Recipient shall maintain all records for the Recipient and for all
subcontractors or consultants to be paid from funds provided under this Agreement, including supporting
documentation of all program costs, in a form sufficient to determine compliance with the requirements
and objectives of the Budget and Scope of Work; Attachment A. Attachment B. Activity Work Plan(s), the
Subgrant Application and subsequent revisions that are mutually agreed to by both parties, and all other
applicable laws and regulations. "
(d) . The Recipient, its employees or agents, including all subcontractors or
consultants to be paid From funds provided under this Agreement, shall allow access to its records at , but
not be limited to, auditors retained by the Department_
(6) AUDIT REQUIREMENTS
(a) The Recipient agrees to maintain financial procedures and support documents,
in accordance .with generally accepted accounting principles, to account for the receipt and expenditure of
funds under this Agreement.
(b) These records shall be available at all reasonable times for inspection, review,
or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall
be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
(c) The Recipient shall also provide the Department with the records, reports or
financial statements upon request for the purposes of auditing and monitoringthe funds awarded under
this Agreement.
3
to)
If the Recipient is a State or local government or anon -profit organization as
defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $500,000 or more
in Federal awards in its -fiscal year, the Recipient must have a single or program -specific audit conducted
in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement
indicates Federal resources awarded through the Department by this Agreement. In determining the
Federal awards expended in its fiscal year, the Recipient shall consider all sources of. Federal awards,
including Federal resources received from the Department_ The determination of amounts of Federal
awards expended should be in accordance with the guidelines established by OMB Circular A-133, as
revised_ An audit of the Recipient conducted by the Auditor General in accordance with the provisions of
OMB Circular A-133, as revised, will meet the requirements of this paragraph.
In connection with the. audit requirements addressed in Paragraph 6(d) above, the Recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,
as revised..
If the Recipient expends Tess than $500,000 in Federal awards in its fiscal year, an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the
event that the Recipient expendsless than $500,000 in Federal awards in its fiscal year and elects to
have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of
.the audit must be paid from non -Federal resources (i.e., the cost of such audit must be paid from
Recipient resources obtained from other than Federal entities).
.(e)_ Copies of reporting packages for audits conducted in accordance with OMB
Circular A-133, as revised, and required by subparagraph (d).above shall be submitted, when required by
Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the
following:
4
Department of Community Affairs
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[An electronic copy shall also be submitted to aurillaparrishRdca.state.fl.us1
and
Department of Community Affairs Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies
-required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the
Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse •
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and. (f). OMB
Circular A-133. as revised_
(f) Pursuant to Section .320 (f), OMB Circular A-133, as revised, the Recipient shall
submit a copy of the reporting package described in.Section .320 (c), OMB Circular A-133, as revised,
and any management letter issued by the auditor, to the Department at each of the following addresses:
Department of Community Affairs
Office of the inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
[An electronic copy shall also be submitted to aurilla-parrish@dca.state_fl_us1
(g)
and
Department of Community Affairs
Small Cities Community Development Block Grant Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Any reports., management letter, -or other information required to be submitted to
the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular
5
rlonda Statutes, and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for -
profit organizations), Rules of the Auditor General, as applicable_
(h) Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or
10_650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that
the reporting package was delivered to the Recipient in correspondence accompanying the reporting
package_
(i)
In the event the audit shows that the entire funds disbursed hereunder, or any
portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be
held liable for reimbursement to the Department of all funds not spent in accordance with these applicable
regulations and Agreement provisions within thirty (30) days after the Department has notified the
Recipient of such non-compliance.
t1} The Recipient shall have all audits completed by an independent certified public
accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Fla_ Stat. The IPA shall state that the audit complied with the applicable provisions noted
above. The audit must be submitted to the Department no later than nine (9) months from the end of the
Recipient's fiscal year.
(7) REPORTS
(a) The Recipient shall provide to the Department reports and information as
identified in Attachment D.
(b) If all required reports and copies, prescribed above, are not sent to the
department or are not completed in a manner "acceptable to the Department', the Department may
withhold further payments until they are completed or may take such other action as set forth in
Paragraph .(11) REMEDIES. "Acceptable to the Department' means that the work product was
Completed in accordance with the Budget and Scope of Work and the Activity Work Plan, Attachments A
and B of the Agreement, and the Subgrant Application and subsequent revisions thatare mutually agreed
to by both parties_
6
(c) The Recipient shall provide such additional program updates or information as
may be required by the Department.:
(d) The Recipient shall comply with the Environmental Assessment and Request for
•Release of Funds process as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of
execution of this Agreement.
(e) The Recipient shall provide such additional program updates or information as
may be required by the Department
(f)
The Recipient shall comply with the Environmental Assessment and Request for
Release of Fundsprocess as set forth in 24 C.F.R. Part 58 within ninety (90) days from the date of
execution of this Agreement.
(8) MONITORING
The Recipient shall monitor its performance under this Agreement, as well as that of its
subcontractors, subrecipients, and consultants who are paid with funds under this Agreement, to ensure
that time schedules are met, the Budget, Scope of Work and Subgrant Application activities are
accomplished within the specified time periods, and other performance goals stated in this Agreement are •
achieved. Suchreview shall be made for each function or activity set forth in Attachments A and B of this:
Agreement and the Subgrant Application including subsequent revisions that are mutually agreed to by
both parties.
In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised and
Section 215.97, Fla. Stat. (see Paragraph (6) AUDIT REQUIREMENTS, above), ronitoring procedures
may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by
OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient
agrees to comply. and cooperate with all monitoring procedures/processes deemed appropriate by the
Department. In the event that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by the Department
to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any
inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer or Auditor
7
use uepartment will monitor the performance and financial management by the
Recipient throughout the contract term to ensure timely completion of all tasks.
(9) LIABILITY
(a)
Unless Recipient is a State agency or subdivision, as defined in Section 768.28.
Fla. Stat., the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this agreement, and shall hold the Department harmless against all claims of whatever nature by
third parties arising out of the performance of work under this agreement For purposes of this
agreement, Recipient agrees that it is not an employee or agent. of. the Department, but is an independent
contractor.
(b) Any Recipient who is a state agency or subdivision, as defined in Section
768.28, Fla. Stat., agrees to be fully responsible to the extent provided by Section 768.28 Fla. Stat. for its
negligent acts or omissions or tortious acts which result in claims or suits against the Department, and
agrees to be liable for any damages proximately caused by said acts or omissions: Nothing herein is
intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity
applies: Nothing herein stiall.be construed as consent by a state agency or subdivision of the State of
• Florida lobe sued by third parties in.an.y matter arising out of any contract.
(10) DEFAULT
If any. of the following events occur ("Events of. Default"), all obligations on the part of the
Department to make any further payment of funds hereunder shall: if the Department so elects, terminate
and the Department may, at its option, exercise any of its remedies set forth in Paragraph 11, but the
Department may make any payments or parts of payments after the 'happening of any Events of Default
without thereby waiving the right to exercise such remedies, and without becoming liable to make any
further payment:
.(a)
If any warranty or representation made by the Recipient in this Agreement or any
previous Agreernent with the Department shall at any time be false or misleading in any respect, or if the
Recipient shall fail to keep, observe or perform any of the obligations, terms or covenants contained in
8
romanalIMIEMIIIMO
r%yi Bement or any previous agreement with the Department and has not cured such in timely fashion,
or is unable or unwilling to meet its obligations thereunder;
(b) If any material adverse.change shall occur in the financial condition of the
Recipient at any time during the term of this Agreement, and the Recipient fails to cure said material
adverse change within thirty (30) days from the time the date written notice is sent by the Department.
(c) If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete or insufficient information;
• (d) If the Recipient has failed to perform and complete in timely fashion any of its
obligations under this Agreement.
(11) REMEDIES
Upon the happening of an Event of Default, then the Department may, at its option, upon
thirty (30) calendar clays prior written notice to the Recipient and upon the Recipient's failure to cure within
said thirty (30) day period, exercise any oneor more of .the following remedies, either concurrently or
.consecutively:
(a)
Terminate this Agreement, provided that the Recipient is given at least thirty (30)
days prior written notice of such termination.The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to
the address set forth in Paragraph (13) herein;
(b) Commence an appropriate legal or equitable action to enforce performance of
this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Exercise any corrective or remedial actions, to include but not be limited to:.
1. requesting additional information from the Recipient to determine the
reasons for or the extent of non-compliance or lack of performance;
2. issuing a written notice of noncompliance to advise that more serious
measures may be taken if the situation is not corrected;
9
3. • advising the Recipient to suspend, discontinue orrefrain from incurring costs
for any activities in question; or
4. requiring the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible;
(e) Require that the Recipient return to the Department any funds which were used
for ineligible purposes under the program laws, rules and regulations governing the use of funds under
this program.
(f)
under law_
Exercise any other rights or remedies which may be otherwise available
(g) The pursuit of any one of the above remedies shall not preclude the Department from
pursuing any other remedies contained herein or otherwise provided at law or in equity. No waiver by the
Department of any right or remedy granted hereunder or failure to insist on strict performance by the
Recipient shall affect or extendor act as a waiver of any other right or remedy of the Department
hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any
further or subsequent default by the Recipient.
(12) TERMINATION
(a) The Department may terminate this Agreement for cause upon such written
notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of
funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely
-manner, and refusal by the Recipient to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter119, Fla. Stat., as amended.
(b) The Department may terminate this Agreement for its convenience or when it
determines, in its sole discretion, that the continuation of the Agreement would not produce beneficial
results commensurate with the further expenditure of funds, by providing the Recipient with thirty (30)
calendar days prior written notice.
10
(c) The parties may agree to terminate this Agreement for their mutual convenience
as evidenced by written amendment of this Agreement. The amendment shall establish the effective date
of the termination and the procedures for proper closeout of the Agreement.
(d) When this Agreement is terminated, the Recipient will not incur new obligations
for the terininated.portion of the Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many.outstanding obligations as possible. Costs incurred after the date of
receipt of notice of the termination will be disallowed_ Notwithstanding the above, the Recipient shall not
be relieved of liability to the Department by•virtue of any breach of Agreement by the Recipient. The
Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of
set-off until such time as the exact amount of damages due the Department from the Recipient is
determined.
(13) . NOTICE AND CONTACT
(a) All notices provided under or pursuant to this Agreement shall be in writing,
either by hand delivery, or first class, certified rriail, return receipt requested, to the representative .
identified below at the address•set forth below and said notification attached to the original of this
Agreement.
is:
(b) The name .and address of We Department contract manager for this Agreement
Terri Chasteen, Community Assistance Consultant
Florida Disaster Recovery CDBG Program
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Telephone: (850) 413-9217
Fax:. (850) 413-9358
Email: Terri.Chasteen@dca.state.fl.us
(c) The name and address of the Representative of the Recipient responsible for
the administration of this Agreement is:
• Tangie White Jackson, Director
Miami -Dade County Community and
Economic Development Division
701 NW 1" Court, 14th Floor
Miami, Florida 33136
Telephone: (786) 469-2165
Fax: (786) 469-2226
Email: whitan@miamidade.gov
11
(d) In the event that different representatives or addresses are designated by either •
party after execution of this Agreement, notice of the name, title and address of the new
representative will be rendered as provided in (13)(a) above.
(14) SUBCONTRACTS
If the Recipient subcontracts any or all of the work required under this Agreement, a copy
of the signed subcontract must be forwarded to the Department within ninety (90) days after execution of
the subcontract. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement to the extent applicable to the subcontract; (ii) the subcontractor is bound by
all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department
and Recipient harmless against all claims of whatever nature arising out of the subcontractor's
performance of work under this Agreement, to the extent allowed and required by law. Each
subcontractor's progress in performing its work under this Agreement shall be documented in the
quarterly report submitted by the Recipient. For each subcontract, the Recipient shall provide a written
statement to the Department as to whether that subcontractor is a minority vendor, as defined in Section
288.703, Fla. Stat.
(15) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(16) ATTACHMENTS
(a) All attachments to this Agreement are incorporated as if set out fully herein.
(b) In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to
the extent of such conflict or inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 - Funding Sources
Attachment A — Budget and Scope of Work
Attachment B — Activity Work Plan(s)
Attachment C — Program Statutes, Regulations and Program Conditions
12
Attachment D — Reporting Requirements
Attachment F — Warranties and Representations
Attachment H — Certification Regarding Debarment, Suspension. Ineligibility
And Voluntary Exclusion
Attachment J — Special Conditions
Attachment K — FloridaPAPERS ID and Password Request Login Form
(17) FUNDING/CONSIDERATION
(a) The funding for this Agreement shall not exceed $ 24,993,610.00 subject to
the availability of funds.
(b) The Recipient agrees to expend funds in accordance -with the Budget and
Scope of Work, Attachment A of this Agreement, and the Subgrant Application including subsequent
revisions that are mutually agreed to by both parties.
(c) Ail funds shall be requested electronically through FloridaPAPERS.
The Recipient must complete a FloridaPAPERS ID and Password Request Login Form, Attachment K of
this Agreemenrt, identifying an.individual authorized to submit a Request For Funds (RFFs) on behalf of
the Recipient utilizing the intuitive web portal:
(d) Pursuant to 24 C.F.R. Section 570.489(b), pre -agreement costs reflected in the
Subgrant Application as originally submitted that relate to preparation of the Subgrant Application are
considered eligible costs and may be reimbursed to the Recipient, if they are otherwise in compliance with
all other requirementsof this contract.
(e) Funds expended for otherwise eligible activities prior to the effective date of
the Agreement, except for those provided for in this Agreement or prior to the effective date of the
enabling amendment wherein the Department agrees to their eligibility, fundability, or addition to the
Agreement, is ineligible for funding with Disaster funds.
If the necessary funds are not available to fund this Agreement as a result of action by
Congress. the State Legislature, the Office of the Chief Financial Officer Comptroller or the Office of
Management and Budgeting, all obligations on the part of the Department to make any further payment of
13
tcinunate, and the Recipient shall submit its closeout report within thirty (30) days
of receipt of notice from the Department.
(18) REPAYMENTS
All refunds or repayments to be made to the Department under this Agreement are to be
made payable to the order of "Department of Community Affairs", and mailed directly to the Department at
the following address:
Department of Community Affairs
Cashier
Finance and Accounting
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
• fn accordance with Section 215.34(2), Fla_ Stat., if a -check or other •draft.is returned to the Department for
collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars
($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater_
(19) VENDOR PAYMENTS
Pursuant to Section 215.422, Fla_ Stat., the Department shall issue payments to vendors
within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods
and/or services provided in accordance with the terms and conditions of the Agreement_. Failure to issue
the 'warrant within 40 days shall result in the Department.paying interest at a rate as established pursuant
to Section 55..03(1) Fla_ Stat. The interest penalty shall be.paid within 15 days after issuing the warrant.
Vendors experiencing problems. obtaining timely payment(s) from a state agency may.
receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State
Comptroller's Hotline at 1-800-848-3792.
(20) STANDARD CONDITIONS
(a) The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient in this Agreement, in
any subsequent submission or response to Department request, or in.any submission or response to fulfill
the requirements of this'Agreement, and such information, representations, and materials are
incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of
14
uie vepartment and with thirty (30) days written notice to the Recipient, cause the termination of this
-Agreement and the release of the Department from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in
conflict with anyapplicablestatute or rule, or is otherwise unenforceable, then such provision shall be
deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not
invalidate any other provision of this Agreement-
(c) Any power of approval or disapproval granted to the Department under the
terms of this Agreement shall survive the terms and life of this Agreement as a whole.
(d) The Agreement may be executed in any number of counterparts, any one of
whom may be taken as an original.
(e) - The Recipient agrees to comply with the Americans With Disabilities ACE (Public
Law 101-336, 42 U_S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and
private entities on the basis of disability in the areas of employment, public accommodations,
transportation, State and local government services, and in telecommunications.
(f) A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime or on the discriminatory vendor list may not submit a.bid on a contract
to provide any goods or services to a public entity, may -not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor,
or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor
_list or on the discriminatory vendor list-
(g) An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not award or perform work as a contractor,
15
aup}1IIes subcontractor, or consultant under contract with any public entity, and may not transact business
with any public entity.
(h) With respect to any Recipient which is not a local government or state agency,
and which receives funds under this Agreement from the federalgovernment, by signing this Agreement,
the Recipient certifies, to the best of its knowledge and belief, that it and its principals:
1. are not presently debarred, suspended. proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency,
2_ have not, within a five-year period preceding this proposal been
convicted of or had.acivil judgment rendered against them for commission of fraud or a criminal offense
in connection with obtaining. attempting to obtain, or performing a public (federal. stale or local)
transaction or contract under public transaction; violation of federal or state antitrust statutes or
commission of embezzlement, theft, forgery. bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
3. are not presently indicted or otherwise criminally or civilly charged by a •
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph
18(h)2. of this certification; and.
4. have not within a five-year period preceding this Agreement had one or
more public transactions (federal. state or local) terminated for cause or default.
Where the. Recipient is unable to certify to any of the statements in this certification, such
Recipient shall attach an explanation to this Agreement.
In addition, the Recipient shall submit to the Department (by email or by facsimile transmission)
the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"
(Attachment H) for each prospective subcontractor which Recipient intends to fund under this Agreement.
Such form must be received by the Department prior to the Recipient entering into a contract with any •
prospective subcontractor. SUBMISSION OF ATTACHMENT H. DOES NOT PRECLUDE .THE
RECIPIENT'S COMPLETION AND SUBMISSION OF THE "BIDDING INFORMATION AND
.CONTRACTOR ELIGIBILITY FORM."
16
(i) • The State of Florida's performance and obligation to pay under this Agreement
is contingent upon an annual appropriation by the Legislature, and subject to any modification in.
accordance with Chapter 216, Fla. Stat. or -the Florida Constitution_
(j) All bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper preaudit and postaudit thereof.
(k)
If otherwise allowed under this Agreement, all bills for any travel expenses
Shall be submitted in accordance with Section 112.061, Fla. Slat,
(I) The Department of Community Affairs reserves the right to unilaterally cancel
this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or
other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient
in conjunction with this Agreement.
(m) If the Recipient is allowed to temporarily invest any advances of funds.under this
Agreement, any interest income shall either be returned to the Department or be applied against the
Department's obligation to pay -the contract amount.
(n) The State of Florida will not intentionally award publicly -funded contracts to -any -
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of -the Immigration and -Nationality Act
("INA'')]. The Department shall consider the employment by any contractor of unauthorized aliens a
violation of Section 274A(e) of:the INA. Such violation by the Recipient of the employment provisions
contained in Section-274A(e) of the INA shall be grounds.for unilateral cancellation of this Agreement by
the Department.
(o) The Recipient is subject to Florida's Government in the Sunshine Law (Section
286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetingsof any
subcommittee making recommendations to the governing board. All such meetings shall be publicly
noticed, open to the public, and the minutes of all such meetings shall be public records, available to the
public in accordance with Chapter 119, Fla- Stat.
17
(21) LOBBYING PROHIBITION
(a) No funds or other resources received from the Department in connection with
this Agreement may be used directly or.indirectly to influence legislation or any other official action by the
Florida Legislature or any state agency.
(b) The Recipient certifies, by its signature to this Agreement. that to the best of his
or her knowledge and belief:
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 oremployee
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 contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant; loan or cooperative
agreement.
2_ If any 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 shalt
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 agreements) and that all subrecipientsshalt certify and
disclose accordingly.
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
18
the required certification shall be subject to a civil penalty of not Tess than $10,000 and not more than
$100,000 for each such failure.
(22) COPYRIGHT. PATENT AND TRADEMARK
ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA.
ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) • If the Recipient brings to the performance of this Agreement a pre-existing
patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patentor
copyright unless the Agreement provides' otherwise.
(b) If any discovery or invention arises or is developed in the course of or as a
result of work or services performed under this Agreement, or in any way connected herewith, the
Recipient shall refer the discovery or invention to the Department for a determination whether patent
protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in
connection with the performance of this Agreement are hereby reserved to the State of Florida_ In the
event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall
notify the Department. Any and all copyrights accruing under or in connection with the performance under
this Agreement are hereby transferred by the Recipient to the State of Florida..
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall
disclose all intellectual properties relevant to the performance of this Agreement, which he or she knows
or should know, could give rise to a patent or copyright. The Recipient shall retain all rights and
entitlements to any pre-existing intellectual property, which is so disclosed. Failure to disclose will
indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to
all patents and copyrights, which accrue during performance of the Agreement.
19
(23) LEGAL AUTHORIZATION
The Recipient certifies with respect to this Agreement that it possesses the legal authority
to receive the funds to be provided under this Agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants
and assurances contained herein. The Recipient also certifies that the undersigned possesses the
authority to legally execute and bind Recipient to the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
undersigned officials as duly authorized.
RECIPIENT: Miami -Dade County
BY:
Name and title: Carlos Alvarez., Mayor
Date: ( f:?::[ O 8
STATE OF FLORIDA
DEPART OF COMMUNITY AFF IRS
BY:
Name and Title: r R
Division of Housing and Community Development
- Date: .(ot 3 01
20
EXHIBIT 1
Federal Resources awarded to the Recipient pursuant to this Agreement consist of the
following:
Federal Program:
U.S. Department of Housing and Urban Development
CFDA # 14.228 $ 24,993,610.00
Compliance requirements applicable to the federal resources awarded pursuant to this
Agreement are as follows:
Note: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements -for each Federal program in the same manner as shown
below.
Federal Program:.
The Recipient will fully perform the obligations in accordance with the Budget and Scope
of Work, Attachments A and B of this Agreement and the Application incorporated
herein by reference.
The Recipient shall be governed by applicable State and Federal laws, rules and
regulations, including but not limited to those identified in Attachment C.
Note: Section .400(d) of OMB Circular A-133, as revised, and Section 215:97(5)(a), Florida
Statutes, require that the information about Federal programs and .State 'projects included
in Exhibit 1 be provided to the Recipient.
21
Attachment A
Budget and Scope of Work
22
ATTACHMENT A — Protect Description and Budget Summary
Miami -Dade County 2005 CDBG Disaster Recovery Program (Hurricane Wilma) Supplement
^' V V V11'
ACTIVITY
National
Objective
ACCOMPLISHMENT
S
BENEFICIARIES
BUDGET
Y }' '
NUMBER
DESCRIPTION
UNIT
NUMBER
LMI
VLl
TOTAL
CDBG AMOUNT
OTHER
FUNDS
SOURCE
•
i
t�+
k`3 �'�
q'�%��''
21A
ADMINISTRATION
- t
'" �..
r .y
Ai
Aye ,%�y{pY'
� +
'
(
'�jAf
a�
!yi,Yr1:j{tp
tV�,F
�. f9r�
$763,304
AI�7
k ~� A
SUBTOTAL
.
.,.
ENGINEERING (If
1'
ram,., �ai?�
bk'"'
,. e ;�} ��f'
roe+
a �.��r,��
y
v
�znr
1
u
sex
�.
y
x,
�`'N7
'
AC
--
HOUSING
cs, w 6
„�' ^t q
s .., s •... ,
$763,304
14A
Single Unit Rehab
LM
HU
598
1,750
143
1,750"
$9,515,000
14B
Multi Unit Rehab
LM
HU
2,262
4,623
4,023
4,623
$8,988,785 $6,274,256
12
Replacement
LM
HU
3
12
4
• 12
$393,750
•
08
Relocation as
needed
LM
HU
10
10
0
10
$100,000
SUBTOTAL
LM
.
INFRASTRUCTURE.
', o{r a'` ea1,,Pfi
�4t "
t, ,s �
w d;A,ry
?,�v ', i11
le
wr
Ip
"7I
yxL`
44} , ' ' ',
4 , Y'
^.
a .. (
a
r
2,873
6,395 •
4,170
6,395
$18,997,535 $6,274,256 CDBG DRI
HACMB
HOME
MDC HODAC
MDC Surtax
Bank Fin,
21B
ENGINEERING �"
applicable) (
�ay}`Itig
y 1 ,
,
i' ,k 1
''N
a '' , Zf ,,' 4 jtt
u��
3
r�y�
� W}7t%a
y
�(
R, ' 4`.. ,,4
+� i
FHFC SHAG
$584,322 $4,680,000 Cit ofMia•�
Y
Beach
031
Flood & Drainage,
Hazard Mitigation
LM
LF
1,435
,,,k
32,783
F1 ut�""
32,783
$4,648,449 $26,520,000 City of Mlar
Beach
SUBTOTAL
'
t7
L
SUBTOTAL.
f`t t 'jAi� ,
5 } fag
b° ..
e ` r Y�f �Ir
4 ,4
14
,, Ic r r' i �,
1, dr.
4r en
Q firy Y+�((fy�I'
1 ? Mill �r »;ti
1
Q!
ANCO
t
i �1i�}! rd,,,,,
+4 rSI
hA,
, 0 f e( 6
�-
TOTALS
x l � t
sk��ll-,i�4,
• ;r .,�
sk',tr.ltr:.
1,435
,�
32 ,783
y
q n:.4
32,783
$5,232;771 $31,200,000
TOTAL UNDUPLICATFn RFAIFG,r,eo,ce
3' it vw, ,�
,4 an�"*o gI4,'3,
icor�
;v
i-
__
$24,993,610 $37,474,256 '4 1, ('k
3 ,
''�� i
M ALL SERVICE AREAS) 39,
TOTAL LMI BENEFICIARIES (FROM ALL SERVICE AREAS) 39,178
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description
for Service Area'#1: Miami -Dade. County, Countywide Single -Family Unit RepairlRehab and Hardening Protect
CATEGORY
ACTIVITY
National
Objective
ACCOMPLISHMENTS
BENEFICIARIES
BUDGET
HOUSING
NUMBER
DESCRIPTION
UNIT
NUMBER
LMI
VLI
TOTAL
CDBG
AMOUNT
OTHER
FUNDS
SOURCE
ADMINISTRATION
,
SUBTOTAL
ENGINEERING (It
applicable)
•
HOUSING
14A
REHAB, SINGLE
UNIT RESIDENTIAL
LM
HU
420
1,260
1,260
$6,500;000
LM
•
LM
LM
LM
SUBTOTAL
::>',':.,i::' � ..;t:; t 0 , ,—' ;% ta.;-;rr'
21 r,F;'''' •; y., : >r,.;:,�
•G
n,`;'a'.�n;,
`
;
420
1,260
1.260"
$6,500,000
INFRASTRUCTURE
ENGINEERING (If
applicable)
)
. l:,; '.
•. ;y�:�:•'+-��-{r�s.
/
�i014. t1
.�.'
„:.., ��•;
'1�d � t4,
� �,i
,,:;^�.:F';i- 9 �','sr;���`�r�ti`°,�.
��s -a�
�:: :�
it j+' d`2' Y;
;. :�. �;�'�r :.tl'
,,•
f..t
riJl:yj..K:..::.
'5
�: '4Ts;`'F�r�'ae�,�;�'
•/1.`,Y�+rt :i��;^�?e+
A.A.
LM
LM
LM
SUBTOTAL
?, •
cv
SUBTOTAL
.
...
$6,500,000
TOTALS
420
1,260
$6,500,000.
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS) . TOTAL LMI
1,260 •
BENEFICIARIES
(FROM ALL
1,260
SERVICE
AREAS)
ATTACKMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #2: City of Miami Beach,Infrastructure Repair/Improvement Project
CATEGORY.
,..---4� „v,ttuvtttuuu. Nova ca•uralnage)
ACTIVITY •
National
Objective
'ACCOMPLISHMENTS
' . • BENEFICIARIES
BUDGET
HOUSING
NUMBER .
DESCRIPTION
UNIT
NUMBER.
LMI
VLI
TOTAL
COBG
AMOUNT
OTHER
FUNDS
SOURCE
ADMINISTRATION
..
SUBTOTAL
ENGINEERING (If
applicable)
,
"Yr.
HOUSING•
LM•
LM
LM
LM
SUBTOTAL
LM ,
.
INFRASTRUCTURE
216
ENGINEERING (If .
applicable)
:.
..:.
I:``;,, ,...
$22500 '
,
.. $4,66M .
CITY
Flood and Drainage,
hazard mitigation
031
Structures, piping
LM
29,000.
LF .
6,750
6,750
$1,275,000
$26.52M
CITY
LM
LM
SUBTOTAL
A. .
$1,50.0,000
$3 .20M
SUBTOTAL
`
6,750.
• 6,750
TOTALS
:''."~".;.;;:
29,000
LF'
6,750
6,750
$1,500,000•
$31,20M'
TOTAL UNDUPLICATED BENEFICIARIES (FROM' ALL SERVICE AREAS) TOTAL,LMI BENEFICIARIES
11,691
(FROM
6.750
ALL SERVICE AREAS)
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #3: Mlaml-Dade County, Multifamily Unit Repair/Rehabilitation and Hardening (Venetian Gardens)
CATEGORY ACTIVITY National ACCOMPLISHMENTS BENEFICIARIES
Objective
NUMBER
SUBTOTAL
HOUSING
DESCRIPTION
ADMINISTRATION
ENGINEERING
(If applicable)
UNIT
BUDGET
NUMBER
LMI
VLI
TOTAL
COBG
AMOUNT
OTHER
FUNDS
SOURCE
148
Multi UnitRehab
LM
HU
52
300
LM
300
300
$197,200
LM
SUBTOTAL
LM
LM
INFRASTRUCTURE
ENGINEERING (If
applicable)
52
300
300
300
$197,200
LM
LM
SUBTOTAL
SUBTOTAL
LM
TOTALS
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS) TOTAL LMI BENEFICIARIES (FROM ALL SERVICE AREAS)
300
. 300
52
•300
300
300
$197,200
ATTACHMENT A —PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Serv.ice Area #4: Miami -Dade County, Multifamily Unit f2e
(-
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #5: Miami•Dade County, Multifamily Unit Repair/Rehabilitation and Hardening (Little River Terrace)
CATEGORY ACTIVITY National BUDGET
Objective
SUBTOTAL
HOUSING
NUMBER
14B
DESCRIPTION
ADMINISTRATION
ENGINEERING
(If applicable)
Multi Unit Rehab
ACCOMPLISHMENTS
UNIT
NUMBER
LMI
BENEFICIARIES
VLI
TOTAL
CDBG OTHER
AMOUNT FUNDS
SOURCE
LM
HU
108
LM
600
600.
600
$812,600
LM
LM
SUBTOTAL
LM
INFRASTRUCTURE
ENGINEERING (If
applicable)
108
600
600
600
$812,600
LM
LM
SUBTOTAL
SUBTOTAL
LM
TOTALS
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS)
600
108
600
600
600
$812,600
TOTAL LMI BENEF CIARIES (FROM ALL SERVICE AREAS)
• 600
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #6: Miami•Dade County Multifamily Unit Repair/Rehabilitation and Hardening (Santa Clara Homes).
CATEGORY National BUDGET
Objective
SUBTOTAL
HOUSING
NUMBER
148
ACTIVITY
DESCRIPTION
ADMINISTRATION
ENGINEERING
(If applicable)
ACCOMPLISHMENTS
UNIT.
NUMBER
LMI
BENEFICIARIES
VLI
TOTAL
CDBG
AMOUNT
OTHER
FUNOS
SOURCE
Multi Unit Rehab
LM
HU
13
65
65
65
$98,100
LM
LM
LM
SUBTOTAL
LM
INFRASTRUCTURE
ENGINEERING (If
applicable)
LM
13
65
65
65
�`i a ��,�•;.
$98,100
LM
SUBTOTAL
SUBTOTAL
LM
TOTALS
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS)
65
13.
65
65
65
$98,100
TOTAL LMI BENEFICIARIES (FROM ALL SERVICE AREAS)
65
ATTACHMENT A -- PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #7:'Miami-Dade County, Multifamily Unit Repair/Rehabilitation. and Hardening (Homestead Gardens) -
CATEGORY ACTIVITY • National ACCOMPLISHMENTS
Objective.BUDGET
NUMBER
SUBTOTAL
HOUSING 148
DESCRIPTION
ADMINISTRATION
ENGINEERING
(If applicable)
UNIT
-NUMBER
Multi Unit Rehab
LM
HU
150
LMI
BENEFICIARIES
VLI TOTAL
CDBG
AMOUNT
OTHER
FUNDS
SOURCE
750 750
750
$1,415,000
LM
LM
LM
SUBTOTAL
LM
INFRASTRUCTURE
150
750
ENGINEERING (If
applicable)
750
750
$1,415,000
LM
LM
SUBTOTAL
SUBTOTAL
TOTALS
LM
•t.
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS)
750
150
750
750. 750
$1,415,000
I '
TOTAL LMI BENEF CIARIES (FROM ALL SERVICE AREAS)
750
ATTACHMENT A - PROJECT DESCRIPTION AND ,BUDGET BY SERVICE AREA
Activity Description for Service Area #8: Miami -Dade County, Multifamily Unit Repair/Rehabilitation and Hardening
(Miami Gardens PHA .Scattered Homes)
' National
Objective.
CATEGORY
SUBTOTAL
HOUSING
NUMBER
14B
ACTIVITY.
DESCRIPTION
ADMINISTRATION
ENGINEERING.
(If applicable)
Multi Unit Rehab
ACCOMPLISHMENTS
UNIT'
NUMBER
LMI
BENEFICIARIES
VLI
TOTAL
CDBG
AMOUNT
BUDGET
OTHER
FUNDS
SOURCE
LM
HU
21
100
100
100
$158,200
LM
LM
LM
SUBTOTAL
LM
INFRASTRUCTURE
ENGINEERING (If
applicable)
LM
21
LM
100
100
100
SUBTOTAL
SUBTOTAL
LM
TOTALS
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS)
100
21
100
100
100
$158,200
TOTAL LMI BENEF CIARIES (FROM ALL SERVICE AREAS)
100
ATTACHMENT A = PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description
CATEGORY
for Service Area #9: Miami -Dade County, Multifamily
Unit RepairlRehabilitatlon and Hardening (Gwen Cherry 13)
ACTIVITY
National
Objective
ACCOMPLISHMENTS
BENEFICIARIES •
BUDGET
NUMBER
DESCRIPTION
UNIT
NUMBER
LMI
VLI
TOTAL
COSG
AMOUNT
OTHER
FUNDS
SOURCE
ADMINISTRATION
L:•F:.; :
.....
:.
,..,•
SUBTOTAL
ENGINEERING
(I applicable)�`;
��".�"4?;;ram
, .•` 1`c'"
,,,!.;
�'• �'a:� �;n: ;7i y.,
r<,.r.
s:'ti�:.`'�:{, .�
,
1;. : ii k: r.::
'..
:1:�:'.: •;:r.��:
1,��,:;;.c.
i,'•4{,'u.� �.'
^,:.•f'sr?�p�i�n
�;�cf:�i?'��:{ �
c�' .^�;
. ;v,�i
� ,yam, s�"..,:1; � ;!'
•T�:
� ji;:,::
;.t....;�?1';F
HOUSING
14E3 .
Multi Unit Rehab
LM
HU
31
180
180
180
$389,000
LM
•
LM
LM •
SUBTOTAL
LM
INFRASTRUCTURE
31
180
.180
180
$389,000
ENGINEERING (If
applicable) •
LM
LM
••
SUBTO
LM
TAL
SUBTOTAL.
..7:''.
✓ ;,::
v ,yam r: _^:. f .
TOTALS
TOTAL UNDUPLICATED
(-r.:: ::
.:....: : . ,
31
180
180
180
$389,000
BENEFICIARIES (FROM ALL SERVICE AREAS) TOTAL
180
LMI BENEFICIARIES
(FROM
el^w
ALL SERVICE
AREAS)
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area#10: Miami -Dade County, Multifamily Unit Repair/Rehabilitation and Hardening
Me.dvin Apartments)
CATEGORY ACTIVITY National ACCOMPLISHMENTS BENEFICIARIES
Objective
NUMBER
SUBTOTAL
HOUSING
146
DESCRIPTION
ADMINISTRATION
ENGINEERING
(If applicable)
UNIT
BUDGET
NUMBER
LMI
VLI
TOTAL
COBG
AMOUNT
OTHER
FUNDS
SOURCE
Multi Unit Rehab
LM
HU
18
18
1,8
18
$209,800
LM
LM
• LM
SUBTOTAL
LM
INFRASTRUCTURE
ENGINEERING (If
applicable)
LM
18
18
18
18
$209,800
LM
SUBTOTAL
SUBTOTAL
LM
TOTALS
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS)
18 •
18
18
18
18
$209,800.
TOTAL LMI BENEF CIARIES (FROM ALL SERVICE AREAS)
18
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #11: City of Miami Muitifamil U ( R
CATEGORY
y n t epalr,menaDrma.tton ana Hardening Project
ACTIVITY
Ndtional
Objective
ACCOMPLISHMENTS
BENEFICIARIES
BUDGET
NUMBER
DESCRIPTION
UNIT
— NUMBER
•
LMI
VLI
TOTAL
CDBG
AMOUNT
OTHER
FUNDS
SOURCE
•
•
ADMINISTRATION
^lix; :•..fir;
.:� �:':••, �
_ �•,^,. � h-., At`
2a,<< g�c,.g iti
Sx.c:.�%#:, ;r
���r,.4ri �`' ff?' �
';�, rh;
<� ' ...
rzf !i'`s'•-;:�;. tt�
,)�d'�`?7 i; �.+. �'
=','i<J .,S �. !}92 ile
�r;:Jy""+'• �j'
r``ti ;i�5� i1-JSI.'.
SS ra sty; i'i
r rn,
h: ��"N .y
_ �Ippdf
i.;2 ka tik'
rx•
. � � x�� �� • �s
. ,� ' ,.,
�fi P+`4 '?Fyc
•.
SUBTOTAL
ENGINEERING
(If applicable)
p )
:,,..,,.. ;;
''•i'
.�``".';,,.
• .. ,� .%
::ti =
'i
�, ;:�a ',
.
.4. il!T�f�ic�
`, `4,,,e .�`,..
Nti
, �. • . t, ;t
�M l
5� '"
i fi °,
yL.p 1•" n
,v,z
' y «sr
`t , :'
.;'.
�I�•
,;} •. ,4 •
, Y' ti�„'?r;
..
itr +�..1'
HOUSING
r;. ,,r,
.:,s
.
14-B
Rehab of Multi -family
Residential
LMI
HU
240
• 600
600
$2,776,264
SUBTOTAL
INFRASTRUCTURE
240
600
• 600
$2,776,264
ENGINEERING (If
applicable)
SUBTOTAL
•
BUSINESS
ASSISTANCE
ENGINEERING (i!
applicable)
SUBTOTAL
:-
TOTALS
• 240
600
600
$2,776,264
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE: AREAS) TOTAL LMI BENEFICIARIES
600 •
tion
(FROM ALL SERVICE
AREAS)
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET E.Y SERVICE AREA
Activity Description
• CATEGORY
•
for Service Area #12: Miami•Dade Counly, Countywide Single-famlly Unit Repair/RehabilltatIon and Hardening Project
•
•
ACTIVITY
National
Objective
ACCOMPLISHMENTS
. BENEFICIARIES
BUDGET
•
NUMBER
DESCRIPTION•
•
:....
UNIT
NUMBER
• LMI
VLI
TOTAL
CDBG
AMOUNT
OTHER
. FUNOS
SOURCE
ADMINISTRATION
. .
. ,. . .•
.
• .
. • • • ' —
••-' •
SUBTOTAL
'
•
ENGINEERING
(If applicable)
..
.
• •
HOUSING
•
14A
Rehab of Single-
family Residential
. . LM '
HU
. 114
. 276
75
276
$750,000
LM
LM
• .
LM
SUBTOTAL
"
"!
LM ,
INFRASTRUCTURE
'.,HU
'' ,, ''.., -il, ", '
?si• " ,,i,N.4;;;!,
•
114
.276
75
276 •
$750,000
ENGINEERING (If
applicable)
:::.et-tii.:,:-i::;...
::.0;',?.!;P:;.:•fkl';.
.::.; .•::. • ,, '
41••;•i):4-',,%,!
4*.ggk;i1,!..:N'i•-';
o::::-...,-1,•••:
' 716ke.'!
' 17
' • ••, : i,
'-'" -i,,,,q4i.k.t
l',,e:..1.17',
.%),'..i,r " ....'''N..:
.
v:Vic.F4'fj''
01:•ri,fPN
,. , ..': 4:..ibt,:.-. ;
— '1111k10';,- •
.# .ridt144,,,,r','
a -)'-'. t,1M., ,',
•
LM
• LM •
.
.
. •
SUBTOTAL
•
LM
•
SUBTOTAL
' '" ,"••....
-
:
''
".• '
r:.;
..'-';i::1;,e)..Kig%,-.0
•.
. ,
TOTALS
TOTAL
:
114
276
75
,
276
.
$750,000
UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS) TOTAL
276•
LMI BENEFICIARIES
(FROM
'7 7 ft
ALL SERVICE
,, . ... ...
AREAS) •
ATTACHMENT A -- PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #; 13 CItV of North Miami
CATEGORY
ACTIVITY
National
'Objective
ACCOMPLISHMENTS
BENEFICIARIES
BUDGET
Housing
'V
NUMBER
DESCRIPTION
1
t
h
}
• UNIT
'
NUMBER
LMI
VLI
'TOTAL
CDBG
AMOUNT
OTHER
FUNDS
SOURCE
, ,1: fy 4:,
t..� fey y n f eL+
'teENGINEERING
��
, f'
ADMINISTRATION
� H
7
0.
t
t
r J
WWIViI113I
rl
,,l
•
(Ifapphcai
i
SUBTOTAL
I+i f, , ivy M r
HOUSING
LM
14A
Single Unit Rehab
LM •
HU
20'
20
20
$712,500
•
LM
LM
SUBTOTALr✓
M t. e.1,. f �
x� »
20
20
•
20
$712,500
INFRASTRUCTURE
ENGINEERING (If applica•
�,.. ' r
` '
{titi'
a
,
—
LM
LM
LM
LM
LM
SUBTOTAL
04 r r
4 r , 51 ,r its?
b y
a
%, � r
iu f
SUBTOTAL'
TOTALS
to
$ SF .. h
,_, h w
20
20
20
$712,500'
C
ATTACHMENT A PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description for Service Area #: 14 City of Florida City
ACTIVITY
National
Objective
ACCOMPLISHMENTS
BENEFICIARIES
BUDGET
NUMBER
DESCRIPTION
: 7;7
4 ' cf,
‘:
UNIT
NUMBER
LMI
VLI
TOTAL
CDBG
AMOUNT
1 OTHER
FUNDS
SOURCE
21A
ADMINISTRATION
• '
,••
_
1
A i 'Y
.
V p
far , ,
If ,A0
i
an
so
.
pm" wi: '•iiegg',. 0 ibi,
"1,,,1!' 4 I ,,,,b-• 4' ‘4, 4
SUBTOTAL
21E3
ENGINEERING (If
appli
I
. '
'',,(`'-:,0 ' -10441,a,
,
IV&
f
• Li la:
so
so
HOUSING
As
$0
$0
I N/A
. LM
$0
$0
SUBTOTAL
•• r;ijatS
Mr," • iir
,, AR:=1 : , RIM '',.
- kyr
•4, .
$0
$0
INFRASTRUCTURE
I
21 B
ENGINEERING
• ,
itrg
'
501,11WV,6-17A1
, 7•441
_
$254,322
$0
I
03 I
Flood & Drainage,
Hazard Mitigation
LM
,—.3
LF
1,435
350
0
350
$2,268,713
$0
SUBTOTAL
•
.
•
.
$2,523,035
S°
TOTALS
TOTAL UNDUPLICATED
AR
.
350
0
350
$2,523,035
$0
,
BENEFICIARIES (FROM ALL SERVICE ARRAs) 35n ......• , I a •I o... ,.• , .........
— — — —
q
AKS (FROM ALL VICE AREAS) 336
ATTACHMENT A - PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description
for Service Area #15: City of Miami Gardens, Infrastructure
Repair/Improvement Project
CATEGORY
ACTIVITY.
National-
Objective
ACCOMPLISHMENTS
BENEFICIARIES
BUDGET
NUMBER
DESCRIPTION
:
UNIT
NUMBER
LMI
VLI
TOTAL •
CDBG
AMOUNT
OTHER
FUNDS
SOURCE
•
ADMINISTRATION
ENGINEERING
(Ifapspllcable)
�'• ..
?'Cv, 11t,.
.. "°!h'�
...
air. if;•
t.''ri'Ni+:n tV,,+�,
.�4 ti, ,7 ir;e•+
`+ ...
SUBTOTAL
,
HOUSING•
LM.
LM
•
LM
•
LM
'
• LM
SUBTOTAL;':::..:-.:•
.�'. ...:::... .....".:�.:..:.:.:.,,;
hL_.,},,?'Y9f .SiFY.J �+�.
' 1i'i,.:C
• INFRASTRUCTURE
ENGINEERING (If
applicable)
rf,.,+; C
.,, +.
k , ; x
:
•)F,
, ,:;1:.:.. • ;�
031
Infrastructure (flood
drainage mitigation)
LM
.
Unit
1,000
. 4,000
4,000
$425,000
LM
LM
•
LM
SUBTOTAL (HOUSING)
SUBTOTAL •
(INF(RASTRUCTURE)
1,000
4,000
4,000.
TOTALS
1,000 .
4,000
4,000
$425,000 •
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS) TOTAL LMl BENEFICIARIES
4,000
(FROM
4.000
ALL SERVICE AREAS)
ATTACHMENT A -PROJECT DESCRIPTION AND BUDGET BY SERVICE AREA
Activity Description
for Service Area #16.: City of Miami Gardens, Single-famlly Unit Repair/Rehabilitation and Hardening Project
CATEGORY
•
ACTIVITY
. National
Objective'
ACCOMPLISHMENTS
BENEFICIARIES
BUDGET
NUMBER
DESCRIPTION
UNIT
NUMBER
LMI
VLI
TOTAL
C08G
AMOUNT
OTHER
FUNDS
SOURCE
ADMINISTRATION
.
ENGINEERING
(II applicable),t
:...
SUBTOTAL
.
HOUSING
LM
14A.
Rehab, single unit
residential
LM
HU
30
120
• 20
120
$552,500
•
LM
LM
LM
LM
.
SUBTOTAL
30
120
20
120
$562,500
INFRASTRUCTURE
ENGINEERING If
applicable)
•
LM
.
LM
•
LM
SUBTOTAL (HOUSING)
+' �;;•
rr
t.'..
SUBTOTAL (INFRASTRUCTURE)
,
TOTALS
;;;+:;=tip ., ::r;, : r;i'a.;
-s%. '%;��'' t.,:r.r
c,U::'.:iS1»7;',,.T: ,
,:
i�..t....,.:,:
30
120
20
120
$562,500:
:'':: -:...
AREAS)
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS) TOTAL
120
LMI BENEFICIARIES
(FROM
120
ALL SERVICE
ATTACHMENT A - PROJECT DESCRIPTIONAND BUDGET BY SERVICE AREA
Activity Description
for Service Area #17: City of Miami Gardens, Single-family Unit Replacement and Hardening Project
CATEGORY
ACTIVITY
National
Objective
ACCOMPLISHMENTS
BENEFICIARIES
BUDGET
NUMBER
DESCRIPTION
' "1 l'Y •',: ;;:=.i.
�.:: `;:'.::•s;,.
UNIT
NUMBER
LMI
VLI
TOTAL
COBG
AMOUNT
OTHER
FUNDS
SOURCE
ADMINISTRATION
' q"•i is r.,e
::
{, wi1i4 w
' . F•,.
etiif,;S"'() v, sjti.
4: '''ti
ii': .• '',,
ry�,.`";a.
Yrl"f
i4;.rYtFy
11:, P'L
'1�,R0.,i•. 't4
SUBTOTAL
ENGINEERING (II
applicable)
',
° r•,�
4.
,., •' ._
r. �. k
r
•
HOUSING '
LM
12
Replacement
housing •
LM
HU
3
12
4
12
$393,750
LM
LM
LM •
LM
SUBTOTAL
3
12
4
12
$393,750
INFRASTRUCTURE
ENGINEERING (If
applicable)
.e<<..:,,
_......
r <..;:.;:•,
LM
LM
LM
SUBTOTAL • (HOUSING)
SUBTOTAL (INFRASTRUCTURE)
TOTALS
. •
3
12
4
12
$393,750
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS) " TOTAL LMI BENEFICIARIES (FROM
12 12
ALL SERVICE
AREAS)
Activity Description for Service Area•#18: City of Homestead, Single-family Unit Repair/Rehabilitation and Hardening Project
CATEGORY ACTIVITY National ACCOMPLISHMENTS
Objective
SUBTOTAL
HOUSING
NUMBER
DESCRIPTION
ADMINISTRATION.
ENGINEERING (If
applicable) •
BENEFICIARIES
BUDGET
UNIT
NUMBER
LMI '
VLI
- TOTAL '
CDBG
AMOUNT
OTHER
FUNDS
SOURCE
Housing Rehab &
Hardening
Temporary •
Relocation
Rehabilitation, single
unit residential
LM
HU
10 •
08
Relocation as
needed
LM
HU
LM
LM
10
10
10
10
10
$990,000
$100,000
SUBTOTAL
LM
INFRASTRUCTURE
10
ENGINEERING (II •
applicable)
LM
10
10
S 1,090,000
LM
SUBTOTAL (HOUSING)
LM
SUBTOTAL (INFRASTRUCTURE)
TOTALS
r..
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS)
10
10
10
10
S 1,090,000
TOTAL LMI BENEFICIARIES•(FROM ALL SERVICE AREAS)
10
Activity Description for Service Area #19: City of Homestead, lnfrastru•cture Repairlmprovement
CATEGORY ACTIVITY
SUBTOTAL
HOUSING
NUMBER
DESCRIPTION
ADMINISTRATION
ENGINEERING (II •
applicable)
National
Objective •
ACCOMPLISHMENTS
UNIT NUMBER
BENEFICIARIES
LMI VLI
TOTAL
CDBG
AMOUNT
BUDGET
OTHER
FUNDS
SOURCE
LM
LM
SUBTOTAL
LM
LM
LM
INFRASTRUCTURE
218
031
ENGINEERING (If
applicable)
Construction
LM
Linear
Feet
3,750
19,681
19,681
$105,000
$679,736
LM
SUBTOTAL (HOUSING) '
LM
SUBTOTAL (INFRASTRUCTURE).
TOTALS
3,750
19,681
19,681
$784,736
TOTAL UNDUPLICATED BENEFICIARIES (FROM ALL SERVICE AREAS)
31,472
3,750
19,681.
19,681
$784,736
TOTAL LMI BENEFICIARIES (FROM ALL SERVICE AREAS)
19,681
Attachment B
Activity Work Plan(s)
23
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
RECIPIENT
Miami -Dade County
DATE PREPARED -
6/30/08
CONTRACT NO.
O8-DB-D3-11-23701.A01
PROJECT BUDGET
$ 6,500,000
SERVICE AREA
1- Countywide Single -Family Unit Rehab and
Hardening Project-PFR ,
SUB RECIPIENT
:$ 6,500,000
Date Start
(month &
year)
Date End
(month &
year)
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End"
'
, # Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposed
Administratii
$$ tobe
Requested t
"Date End"
08/06
11/08
Submit bids to Miami -Dade County
11/08
01/09
Obtain Miami. -Dade County's approval of bid documents
z
01/09
03/09
Commence construction activities
03/09
05/09
Construction 25% completed . .
06/09
08/09
Construction 50% completed
09/09
1.1/09
Construction 75% completed
12/09
01/10
Construction 100% completed
$ 6,500,000
01/10
02/10
Obtain Certificate of Occupancy
$ 6,500,000
1260 LMl•
More than one activity may be included per form,
(Rev. Aug 2004)
RECIPIENT
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
CONTRACT NO.
SERVICE AREA
Miami -Dade County.
O8-DB-D3-11-23-0.1-A01
2 — City of Miami Beach Infrastructure, Flood & Drainage
Project
DATE PREPARED.
PROJECT BUDGET •
SUB RECIPIENT
06/30/08
$ 1,500,000
$ 1,500,000
Date Start
(month &
year) •
Date End
(month &
year)
• Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Docurnentation ' .
to be submitted by "Date End"
• .# Units to •
be
completed
by "Date
End"
Proposed $$
•to be •
Requested
by "Date
End"
Proposes
Administrate
$$ to be
Requested i
'Date End'
08/08 ,
•
11/08 •
Submit bids to Miami -Dade County
.
11/08
01/09.
Obtain Miami -Dade County's approval of bid documents
01/09
03/09
Commence.construction activities•
03/09 .
05/09 .
Construction 25% completed
06/09
08/09
Construction 50% completed
.
09/09
11/09
Construction 75% comple.ted •
'Construction
12/09
01/10
100% completed
$ 1,500,000
.
01/10
02/10
Obtain Certificate of Occupancy.
$ 1,500,000
290,000 LF
Nitta' AAnro tF.nn
nne rinliviki ..An„
L... �L.J�J - t��
•••..�.. .��..�� v�i... uv�nly �IIQy vc IIII.IUUGU.IJCI IUllU,
(Rev. Aug 2004)
RECIPIENT
CONTRACT NO.
SERVICE AREA
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade County
08-D B-D3-11-23-01-A01
3 - Countywide Multi -:Family Unit Rehab and
Hardening Project Venetian gardens
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
06/30/08
$ 197,200
$ 197,200
Date Start
(month &
year)
Date. End
(month &
year)
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearan.ce•Documentation
to be submitted by "Date End"
# Units to
be
completed
by "Date
.End"
Proposed $$
to be
Requested
by "Date
End"
Proposed
Adminlstratic
$$ to be
Requested b;
"Date End"
08/08
11/08
Submit bids to Miami -Dade County
11/08
01/09
Obtain Miami -Dade County's approval of bid documents
01/09 .
03/09
Commence construction activities
03/09
05/09
Construction 25% completed
06/09
08/09
Construction 50% completed
09/09
11/09
Construction 75% completed
12/09
01/10 •
.Construction 100% completed
$ 197,200
1
01/10
02/10
Obtain Certificate of Occupancy
52 units
$ 197,200
300 WI•
RECIPIENT
CONTRACT NO..
SERVICE AREA
Date Start
(month &
year)
08/08
.11/08
01./09
03/09
06/09
09/09
12/09
01/10
DEPARTMENT OF COMMUNITY AFFAIRS. SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade County
08-DB. D3-11-23-01-A01
4 - Countywide Multi -Family Unit Rehab and
Hardening Project Little Havana Homes
Date End
(month &
year)
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT .
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End"
11/08
01/09
03/09
05/09
08/09
11/09
01/10
02/10
Submit bids to Miami -Dade County
06/30/08
$ 70,200
$ 70,200
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposec
Administrati
$$ to be
Requested
"Date. End'
Obtain Miami -Dade County's approval of bid documents
Commence construction activities.
Construction 25% completed
Construction 50% completed
Construction 75% completed
Construction 100% completed
Obtain Certificate of Occupancy
70, 200
70, 200
28 Units
130 LMI
RECIPIENT
CONTRACT NO.
SERVICE AREA
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade County
08-D B-D3-11 23-01-A01.
5-Countywide Multi -Family Unit Rehab and
Hardening Project- Little River Terrace
DATE PREPARED
PROJECT BUDGET .
SUB RECIPIENT
06/30/08
$ 812,600
$ 812,600
Date
1
Start
(month &
year)
Date End
, (month 8
year)
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End" .
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposed
Administratio
$$ to be
Requested b)
"Date End"
08/08
11/08
Submit bids to Miami -Dade County
1.1/08
01/09
Obtain Miami -Dade County's approval of bid documents
01/09
03/09
Commence construction activities
03/09
05/09
Construction 25% completed
06/09
08/09
Construction50% completed
09/09
11/09
Construction 75% completed
12/09
01/10
Construction 100% completed
$ 812,600
01/10
02/10
Obtain Certificate of Occupancy
108 Units
$ 812,600
600 LMI
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES C.DBG PROGRAM
PROJECT WORK PLAN
RECIPIENT
Miami -Dade County
DATE PREPARED
06/30/08
CONTRACT NO.
08-DB-D3.11-23.01-A01
PROJECT •BUDGET
$ 98,100
SERVICE AREA
6- Countywide Multi -Family Unit Rehab and
Hardening Project- Santa Clara Homes
SUB RECIPIENT
$ 98,100
Date
Start
(month & '
year)
Date End
(month &
year)
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End"
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposed
Administratio
$$ to be
Requested b�
"Date End"
08/08
11/08.
11/08
Submit bids to Miami -Dade County
01/09
Obtain Miami -Dade County's approval of bid documents
01/09
03/09
Commence construction activities •
03/09
05/09, -
Construction 25% completed.
06/09
08/09
Construction 50% completed
09/09
11/09
Construction 75% completed
12/09
01/10 •
Construction 100% completed
13 units
$ 98,100
i
01/10
02/10
Obtain Certificate of Occupancy
65 LMI
$ 98,100
Note: More than nnp activity ma be included f
y per orm.
(Rev. Aug 2004)
RECIPIENT
CONTRACT NO.
SERVICE AREA
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM.
PROJECT WORK PLAN
Miami -Dade County
08-DB-D3-11-23-01-A01
7-Countywide Multi-Farnily Unit Rehab and
Hardening Project- Homestead Gardens
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
06/30/08
$ 1, 415,000
$ 1, 415,000
Date Start
(month &
year)
08/08
Date End
(month &
year)
'
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by"Date End"
# Units to
be
completed
by "Date
End"
Proposed .$$
to be
Requested
by "Date
End"
Proposed
Adotbe
$$ to be
Requested t
"Date End"
11/08
11/08
Submit bids to Miami -Dade County
01/09
01/09
Obtain Miami -Dade County's approval of bid documents
03/09
03/09
Commence construction activities
05/09
Construction 25% completed
06/09
09/09
08/09
Construction 50% completed
12/09'
11/09
Construction 75% completed•
•
01/10
01/10
.
Construction 100% completed
150 Units
$ 1, 415,000
02/10
Obtain. Certificate of Occupancy
750 LMI
$ 1, 415,000
RECIPIENT
CONTRACT NO.
SERVICE AREA
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade County
O8-DB-D3-11-23-01-A01
8- Countywide Multi -Family Unit Rehab and
Hardening Project- Mia Gardens Scattered Sites
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
06/30/08
$ 158,200
$ 158,200
Date Start
(month &
year)
Date End
<month &
year) •
Describe Proposed Action to be' Undertaken or Contract Special Condition
Clearance Documentation
• to be submitted by "Date End"
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposec
Administrate
$$ to be
Requested t
"Date End"
08/08
11/08
Submit bids
to Miami -Dade County
11/08
01/09
Obtain Miami -Dade County's approval of bid documents
01/09
•
03/09 • •
Commence construction activities
.03/09
05/09
Construction 25% completed
06/09
08/09 •
Construction 50% completed
09/09
11/09
Construction 75% completed
12/09
01/10.
Construction 100% completed
21 units
$ 158,200
01/10
02/10
Obtain Certificate of Occupancy
100 LMI
$ 158,200
RECIPIENT
CONTRACT NO.
SERVICE AREA
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade County
08-DB-D3-11-23-01-A01
9-Countywide Multi-Family•Unit Rehab and
Hardening Project- Gwen Cherry 13
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
06/30/08
$ 389,000
$ 389,000
Date
Start
(month &
year)
Date End
(month &
year)
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End"
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
. Propose(
Administrati
$$ to be
Requested I
"Date End'
08/08
11/08
Submit bids to Miami -Dade County .
$
11/08
01/09
Obtain Miami -Dade County's approval of bid documents
01/09
03/00
Commence construction activities
03/09
05/09
Construction 25% completed
06/09
08/09
Construction 50% completed
09/09
11/09.
Construction 75% completed
12/09
01/10 •
Construction 100% completed
31 Units
$ 389,000
01/10
02/10
Obtain Certificate of Occupancy
180 LMI
$ 389,000
RECIPIENT
CONTRACT NO.
SERVICE AREA
Date Start
(month &
year)
08/08
11/08
01/09
03/09
06/09
09/09
12/09
01/10
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES.CDBG PROGRAM
PROJECT WORK PLAN -
Miami -Dade County
O8-DB-D 3-11-23-01-A01
10-Countywide Multi -Family Unit Rehab and
Hardening Project- Medvin Apts
Date End
(month &
year)
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End"
11/08
01/09
03/09
05/09
Submit bids to Miami -Dade County
06/30/08 '
$ 209,800
$ 209,800
• # Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposec
Administrati
$$ to be
Requested I
"Date End'
Obtain Miami -Dade County's approval of bid documents
Commence construction activities
Construction 25% completed
$
08/09
11/09.
01/10
02/10
Construction 50% completed
Construction 7.5% completed
Construction 100% completed
Obtain Certificate of Occupancy
18 units
$ 209,800
18 LMI
$ 209,800
RECIPIENT
CONTRACT NO.
SERVICE AREA
Date Start
(month &
year)
08/08
11/08
01/09
03/09
06/09
09/09
12/09
01/10
DEPARTMENT OF COMMUNITY AFFAIRS 'SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade .County
08-DB-D3-11-23-01-A01
11- City of Miami tvlulti -Family Unit Rehab and
Hardening Projects
Date End
(month &
year)
11/08
01/09
03/09
05/09
08/09
1 1 /09
01/10'
02/10
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End"
Submit bids. to Miami -Dade County
06/30/08
$ 2,776,264
$ 2,776,264
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposec
Administrate
$$ to be
Requested t
`Date End"
Obtain Miami -Dade County's approval of bld documents
Commence construction activities
Construction 25%.completed
Construction 50% completed
Construction 75% completed
Construction 100% completed
Obtain Certificate of Occupancy
$ 2,776,264
240 Units
$ 2,776,264
600 LMI
RECIPIENT
CONTRACT NO.
SERVICE AREA
Date Start
(month &
year)
08/08
11/08
01/09
03/09
06/09
09/09
12/09
01/10
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
. PROJECT WORK PLAN
Miami -Dade County
08=DB-D3-11-23-01-A01
12.- Countywide Single=Family Unit Rehab and
Hardening Project -MD -CAA
Date End
(month &
year)
11/08
01/09
03/09
05/09
08/09
11/09
01/10
02/10
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
06/30/08
$ 750,000
$ 750,000
Describe Proposed Action to; be Undertaken or Contract Special Condition
• Clearance Documentation
to be submitted by "Date. End"
Submit bids to Miami -Dade County
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Obtain Miami -Dade County's approval of bid documents
Commence construction activities
Construction 25% completed
Construction 50% completed
Construction 75% completed
Proposed
Administratic
$$ to be
Requested b
"Date End"
Construction.100% completed
Obtain Certificate of Occupancy
$ 750,000
114 units
$ 750,000
276 LMI
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
RECIPIENT
Miami -Dade County
DATE PREPARED
06/30/08
CONTRACT •NO.
08-DB-D3-11-23-41-A01
PROJECT BUDGET
$ 712,500
SERVICE AREA
13- City Of North Miami Single Family Unit Rehab
and Hardening
SUB: RECIPIENT
$ 712,500
Date.Start
(month &
year)
Date End
(month &
year)
Describe Proposed Action to. be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End" .
# Units to
be
completed
by "Date
End"
Proposed $$ •
to be
Requested
by "Date
End"
Proposed
Administratli
$$•to be
Requested t
"Date End"
08/08
11/08 .
.Submit blds to Miami -Dade County
11/08
01/09
Obtain Miami -Dade County's approval of bid documents
01/09
03/09
Commence construction activities
03/09
05/09
Construction 25% completed
,
06/09
08/09 •
Construction 50% completed
09/09
11/09
Construction 75% completed
12/09
01/10
Construction 100% completed
$ 712,500
01/10
02/10
Obtain Certificate of Occupancy
20 Uhits
$ 712,500
•
20 LMI
!Unto. AAnrel ihon
nrin hnH..ii,) won
. I.. t....1...4..j ....- t--
(Rev. Aug 2004)
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
RECIPIENT
Miami -Dade County
DATE PREPARED
6/30/08
CONTRACT NO.
08-DB-D3-11-23-01-A01
PROJECT BUDGET
$ 2, 523,035
'SERVICE AREA
14 -- City of Florida City Infrastructure, Flood & Drainage Project
SUBRECIPIENT
$ 2, 523,035
Date Start
(month 8
year)
Date End
(month &
year)
Describe Proposed Action to .be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End"
#.Units to
• be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposed
Administratic
• $$ to be
Requested b
"Date End"
08/08
11/08
Submit Bids to Miami -Dade County for approval
11/08
01/09
,Obtain Miami -Dade County's approval of bid documents
01/09
03/09
Commence construction activities
03/09
05/09
Construction 25% completed .
06/09
08/09
Construction 50% completed
09/09
11/09
Construction 75% completed
12/09
01/10
Construction 100% completed
$ 2, 523,035
01/10
02/1.0
Certificate of Completion obtained
1435 LF
$ 2, 523,035
350 LMI
Note: More than one activity may be included der form
(Rev. Aug 2004)
RECIPIENT
CONTRACT NO.
SERVICE AREA
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade County
08-DB-D3-11-23-01-A01
15, City of Miami Gardens Infrastructure, Flood &
Drainage Project
DATE PREPARED
PROJECT BUDGET
SUB RECIPIENT
06/30/08
$ 425,000
$ 425,000
Date. Start
(month &
year)
Date End
(month &
year)
. Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation . • '
to be submitted by "Date End"
.
# Units to
be
completed:
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
• Proposed
Administratior
$$ to be
Requested by
"Date End"
08/08
11/08
Submit bids to Miami -Dade County
'
11/08
01/09
Obtain Miami -Dade County's approval of bid documents .
01/09
03/09
Commence construction activities
03/09 .
05/09
Construction 25% completed
06/09
08/09
•
Construction 50% completed
09/09 .
•
11/09
Construction 75% completed
12/09
01/10
Construction 100% completed
$ 425,000
01/10
02/10
Obtain Certificate of Occupancy
1000 LF
$ 425,000
4,0.00 Units
Note: More than one activity may ha it 'I , lorl ncr fr.,-fr.
(Rev. Aug 2004)
RECIPIENT
CONTRACT NO.
SERVICE AREA
Date Start
(month &
year)
08/08
11/08
01/09
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
Miami -Dade County
08-DB-D3-11=23-01-A01
16- City of Miami Gardens Single Family Unit Rehab
Project, 0
Date End
(month &
year)
11/08
01/09
DATE PREPARED
PROJECT BUDGET
SUB' RECIPIENT
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by "Date End" •
Submit bids to Miami -Dade County
06/30/08
$ 562,500
$ 562,500
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposed
Administratlo,
$$ to be
Requested by
"Date End"
Obtain Miami -Dade County's approval of bid documents
03/09 ,
06/09
09/09
12/09
01/10
03/09
05/09
08/09
11/09
01/10
02/10
Commence construction activities
Construction 25% completed
Construction 50% completed
Construction 75% completed
Construction 100%0 completed
Obtain Certificate of Occupancy
$ 562,500
30 units
$ 562,500
120 LMI
Note: More than one. activity may be included per form,
(Rev. Aug 2004)
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
RECIPIENT
Miami -Dade County.
DATE PREPARED
06/30/08
CONTRACT NO.
08•DB-D3:-11-23-01-A01
PROJECT•BUDGET
$ 393,750
SERVICE AREA
17- City Of Miami Gardens Single Family Unit
Rehab and Hardening
SUB RECIPIENT
$ 393,750
Date Start'
,(month & '
year)
Date End
(month &
. year)
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation •
to be submitted.by "Gate End"
# .Units to
be
completed
by "Date
. End"
Proposed $$
to be
Requested
by "Date
End"
. Proposed
Administration
$$ to be
Requested by
"Date End"
08/08 .
11/08
Submit bids to Miami -Dade County
11/08
01/09
Obtain Miami -Dade County's approval of bid documents
01/09
03/09
Commence construction activities
•
03/09
05/09 .
Construction 25% completed_
06/09
08/09
Construction 50% completed
09/09
11/09
Construction 75% completed . •
12/09
01/10
Construction 100% completed
$ 3.93,750
01/10
02/10
Obtain Certificate of Occupancy.
3 units
$ 393,750
•
12 LMI
blitz• Mnrn fh.n
nn� ..'...ti..10.. r......
1... t ..I..:r...r _ . s...—
••��•�. ....... .. uw., v.ic: a�.urI y•III y VG III _I4UCV LJCI IVIIII.
(Rev. Aug 2004)
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CDBG PROGRAM
PROJECT WORK PLAN
RECIPIENT
Miami -Dade County
DATE. PREPARED
06/30/08
CONTRACT NO.
08-DB-D3-11-23.01-A01
•PROJECT BUDGET
$ 1,090,000
SERVICE AREA
18- City of Homestead Single Family Unit Rehab
and Hardening
SUB RECIPIENT
$ 1,090,000
Date Start .
(month &
year)
• Date End
'(month &
year).
Describe Proposed Action to be Undertaken.or Contract Special Condition.
0 Clearance Documentation
to be submitted b "Date End"
Y
# Units to
be
completed
by "Date
End"
Proposed $$
qtbes
Requested
by "Date
End"
Proposed
Administration
$$ to be
Requested by
"Date End"
08/08
11/08
Submit bids to Miami -Dade County
11/08
01/09
Obtain Miami -Dade County's approval of bid documents
01/09
03/09
Co.mmence construction activities
03/09
05/09
Construction 25% completed
06/09
08/09
Construction 50% completed .
09/09
11/09
Construction 75% completed
12/09
01/10
Construction 100% completed
$ 1,090,000
01/10
02/10
Obtain Certificate of Occupancy
10 units
$ 1,090,000
10 WI
DEPARTMENT OF COMMUNITY AFFAIRS SMALL CITIES CbBG PROGRAM
PROJECT WORK PLAN
•
RECIPIENT
Miami -Dade County . . '
DATE PREPARED
06/30/08
CONTRACT NO.
08-DB-D3-11-23-01-A01
PROJECT BUDGET
$ 784,736 .
SERVICE AREA
19- City of Homestead Infrastructure, Flood 8 brainage
Project •
SUB RECIPIENT
$ 784,736
•
Date Start
(month & .
year).
Date. End .
• (month &
year)
Describe Proposed Action to be Undertaken or Contract Special Condition
Clearance Documentation
to be submitted by 'Date End"
# Units to
be
completed
by "Date
End"
Proposed $$
to be
Requested
by "Date
End"
Proposed
Administration
$$ to be
Requested by
"Date End"
08/08
11/08
Submit bids to Miami -Dade County
11/08
01/09
Obtain Miami -Dade County's approval of bid documents
i
01/09
03/09
Commence construction activities
03/09
05/09
Construction 25% completed
06/09
08/09
Construction 50% completed .
09/09
11/09
Construction 75% completed .
12/09
01/10
Construction 100% completed . .
$ 784,736
01/10
02/10
Obtain Certificate of Occupancy
3750 LF
$ 784,736
19,681 LMI
NntA' Mnro than aria m�fit/ihi mattha inns ,4 ,4 n... s...... •
(Rev, Aug 2004)
Attachment C
State and Federal Statutes, Regulations and Program Conditions
By signature of this Agreement, the local government hereby certifies that it
applicable federal and state requirements:
Section I: State and Federal Statutes and Regulations
1. Community Development Block Grant, Final Rule, 24
C.F.R., Part 570.
2. Florida Small and Minority Business Act. s. 288.702-
288.714. F.S.;.
3. Florida Coastal Zone Protection Act, s: 161.52-161.58.
F.S ; • -
4- -Local Government Comprehensive Planning and Land
Developrnent•Regulation Act. Ch. 163, F.S.;
5- . Title 1 of the Housing and Community .Development Act
of 1974. as amended
6. Treasury Circular 1075 regarding drawdown of CDBG
funds
7. Sections 290:0401-290.049. F.S.;
8. Rule Chapter 9B-43. Fla. Admin. Code.;
9. Department of Community Affairs Technical
Memorandums;
10. HUD Circular'Memorandums applicable to the Small
Cities CDBG Program;
11 Single Audit Act of 1984;
12. National Environmental Policy Act of 1969 and other
provisions of law which further the purpose of this Act:
. 13. . National Historic Preservation Act of 1966 (Public
Law89-665)
as. amended and Protection of Historic Properties (24
C.F.R- Part'800);
14. Preservation of Archaeological and Historical Data Act
of 1966; • .•
15. Executive Order 11593 - Protection and Enhancement
of Cultural Environment;
16. Reservoir Salvage Act;
17. Safe Drinking Water Ad of 1974. as amended;
1.8. Endangered Species Act of 1958. as amended;
19. Executive Order .12898.- Environmental Justice
20. Executive Order 11988 and 24 C.F.R. Part 55 -
Floodpiain Management;,
21. The Federal Water Pollution Control Act -of 1972. as
amended (33. U.S.C., s. 1251 etseq.);
22. Executive Order 11990 - Protection of Wetlands;
23. Coastal Zone Management Ad of 1968. as amended;
24. Wild and Scenic Rivers Act of 1968. as amended;
25. Clean Air Act df 1977;
26. HUD Environmental Standards (24 C.F-R- Part 58);.
27. Farmland Protection Policy Act of 1981;
28. Clean Water Act of 1977;.
29. Davis - Bacon Act; •
30. Contract Work Hours and Safety Standards Act of
1962. 40 U.S.C.- s. 327 et. seq.;
31. The Wildlite Coordination Act of 1958. as amended;
32. The Solid Waste Disposal Act. as amended, by the
Resource Conservation and Recovery Act of 1975 (42
S. 6901 et. seq.);
33: Noise Abatement and Control: Departmental Policy
Implementation, Responsibilities, and Standards. 24
C.F.R. Part 51. Subpart B;
34. Flood Disaster Protection Act of.1973, P.L. 92-234;
will comply with the following
352 Protection of Historic and Cultural Properties under
HUD Programs. 24 C.F.R. Part 59;
36. Coastal Zone Management Act of 1972. P.L. 92-583;
37. Architedural and Construction Standards;
38. Architectural Barriers Act of 1968. 42 U.S.C. 4151;
39. . Executive Order 11296, relating to_evaluation of flood
hazards; •
40. Executive Order 11288, relating to prevention. control
and abatement of water pollution;
41. Cost -Effective Energy Conservation Standards. 24
C.F.R.
Part 39: •
-
42. Section 8 Existing Housing Quality Standards, 24
C.F.R.
Part 882;
43. Coastal Barrier Resource Act of 1982;
44. Federal Fair Labor Standards Act. 29 U.S.C.. s. 201 et.
seq.;
45. Title VI•of the Civil Rights Act of 1964 - Non-
discrimination;
46. Title VlI'of the Civil Rights Ad of 1968 - Non-
discrimination in housing;
47. Age Discrimination Act of 1975:
48. Executive Order 12892- Fair Housing
49. Section 109 of the Housing and Community
Development Act of 1974,.Non-discrimination;
50. . Section 504 of the Rehabilitalion Act of 1973 and.24
C.F.R.
Part 8;
51. Executive Order 11063 - Equal Opportunity in
Housing;
52. Executive Order 11246 - Non-discrimination;
53. Section 3 of the Housing and Urban Development Act
of 1968, as amended - Employment/Training of Lower
Income Residents and Local Business Contracting;
54. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, P.L, 100-17. and 49
C.F.R. Part 24;
55. Copeland Anti -Kickback Act of 1934;
56_ Hatch Act;
57. Title IV Lead -Based Paint Poisoning Prevention Act
(42 U.S.C., s. 1251 et. seq.);
"58. OMBCirculars A-87. A-1.22, and A-133, as revised;
59. Administrative.Requirements for Grants, 24.C.F-R.
Part 85: •
60. Section 102 of the Department of Housing and Urban
Development Reform Act of 1989 and 24 C.F.R. Part
12; •
61. -Emergency Rule 9BER06-1, CDBG Disaster Recovery
Funds;
62. HUD program requirements for disaster recovery
projects as published in Federal Register, VoL 69,
No. 237 (December 10, 2004) [Docket No. FR-4959 -
N-01].
24
c
g. Cost breakout fromselected firm used for completion of the cost analysis (if pricing
information was not submitted with proposals);
h. Contract (signed or proposed);
i. Truth -in -Negotiation certification (if not in the contract) for engineering contracts over
$60,000;
j. If a protest was filed, a copy of the protest and documentation of resolution;
k. A request for the Department's approval of a single source procurement if only one firm
was considered and the contract exceeds $25,000;
1. If a regional planning council or local government is performing the services, submit only
a copy.of the contract and cost analysis information; and
m. If professional services procurement will not be undertaken, so advise the Department.
3. For any activity that requires construction plans and specifications prepared by an engineer or
architect:
a. Provide to the Department a copy of all engineering specifications and construction
plans. The Recipient shall also furnish the Department; prior to soliciting bids or proposals, a
copy of all bid documents for all services and/or materials to provide those services and/or.
materials for all construction activities when the. bids are expected to exceed $25,000: These
submissions are for the limited:purpose of identifying the extent of the activities to be
accomplished with Disaster funds under this. Agreement,. and inclusion of. program requirements,
'and in no way does it indicate that the.Department has conducted atechnical review of, or
approved the plansor other bidding.documents;
b. The Recipient shall not publicize any request for bids for construction purposes or
distribute bid packages -until the.Departrnent has provided to the Recipient, written
acceptance of the engineering specifications; construction plans, and bid documents; and
c. In any service area which requires construction plans and specifications prepared by an
engineer or architect, no more than twenty-five percent (25%) of the grant administration
amount allocable to that service area may be" requested until the construction plans and
specifications for that service area have been received for review by the Department. For
the purpose of.this condition, the allocable grant administration amount for each service
area -is calculated by first determining each service area's percentage of total project
costs, excluding administrative costs, and then multiplying the service area's percentage
of. total project costs by the total administrative budget. This calculation results in a
percentage of total administrative costs per service area based on each service areas
percentage of the grants total project costs, excluding administrative costs.
4. For activities requiring acquisition of property, the Recipient shall:
a. Should the Recipient be undertaking any activity subjectto the 'Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended,: and Disaster
funds will not -be used for the cost of acquisition, the Recipient shall document completion of the
acquisition by submitting all documentation required for a desk monitoring of the acgt isition,.
including.notice to the property owner of his or her rights under URA, invitation to accompany the
appraiser, all appraisals, offer to the owner, acceptance, contract for sale, statement of settlement
costs, copy of deed, waiver of rights (for donations), as applicable.
26
The documentation shall be submitted within forty-five (45) days of acquiring the property and
prior to advertising for construction bids for any activity that required the acquisition.
b. Should .the Recipient be undertaking any activity subjectto the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended,.
and Disaster funds will be used for the cost of acquisition, the Recipient shall document
completion of all pre -acquisition activities by submitting all documentation required for a desk
- monitoring of those activities, includingnotice to the property owner of their rights under URA,
invitation to accompany the appraiser, all appraisals, offer to the owner, acceptance, contract for
sale, waiver of rights (for donations), and estimated settlement costs, as applicable. The
documentation shall be'submitted to the Department for review prior to closing on the property_ A
copy of the final statement of settlement costs and a copy of recorded deed, with any required
deed restrictions, shall be submitted within forty-five (45) days of the acquisition_
5. -If the project involves installation of new sewer lines, or a new sewer treatment
plant funded (partially or wholly) from Disaster funds and new sewer lines funded by another source, the
Recipient shall document notification to appropriate households of the requirement in Section
381.00655(1),; Fla_ Stat.11995) to hookup to the sewer system within three -hundred and sixty-five (365)
days of its availability. (Note that the notification is to be provided at least one year prior to the
anticipated availability of the system.)
6. The Recipient shall obtain approval from the Department prior to obligating Disaster funds for
any engineering activities and costs •related thereto under the Rural Utilities Service (RUS) engineering
fee schedule. The Department will not reimburse or fund engineering activities or costs that are not
eligible under the RUS fee schedule and Emergency Rule 9BER05-2CDBG Disaster Recovery Funds.
7. • The Recipient, •by executing this Agreement, does thereby certify that program income.received
and retained by the local government before closeout of the grant will be used tocontinue grant activities •
in compliance with all applicable requirements of 25 C.F.R. Section 570.489(e)..The amount of program
income earned and expended must be reported to the Department on a quarterly basis: Quarterly
progress reports are due to be received by the Department -no later than fifteen (15) days after the end of,
each quarter of. the program year and shall continue to be submitted each quarter until submission of the
administrative.close-out report.. The ending dates for each quarter of the program year are March 31,
June 30, September 30 and December 31.
8.. . The Recipient shall annually undertake an activity to, affirmatively further:fair housing pursuant to
24 C.F:R. Section 570.487(b)(4)..Annually shall be defined as an activity for'each year or one-third
thereof front the effective date of the contract to the date of submission of the administrative -closeout.
9. _ A deed restriction shall be recorded on any real property or facility acquired with Disaster funds.
This restriction shall limit the use of that real property or facility to the use stated in the Application and
that'titte shall remain in the name of the Recipient. Such deed shall be made a part of the public records
in the Clerk of Court of the County in which the Recipient is located. Any future disposition of that real
property shall be in accordance with 24 C.F.R. Section 85.31_ Any future change of use shall be.in
accordance with 24.C.F.R_ Section 570.489(j).
10. The Recipient shall conduct all public hearings relating to this Agreement and performance
hereunder in a location that is accessible to physically handicapped persons or make such
accommodations as necessary to provide for active participation of handicapped persons desirous of
attending such public hearings.
11. All amendments to the activities contained in the application, including proposed new activities :
must be approved by the Department in writing prior to the date of initiation of.that activity or the.
execution of any contract with any third party relating to such activity. The Department reserves the right
27
22. 1f grant funds are used for acquisition of property for, or infrastructure in support of, LMI housing
construction, construction of the housing must be completed and LMI benefit documented during the sub -
grant period.
23. 1f grant funds are used for "slum and blight," the project files shall document that the activity took
place in an area officially designated as a 'slum" or "blighted' area and meets HUD requirements for
'slum and blight' national objective, or that the activity qualifies under HUD requirements for "spot blight.'
24. If grant funds are used for acquisition, the requirements of 24 CFR 570.83 (e) (2) regarding final
use or disposition shall be met.
25. For any construction contract that requires payment of prevailing wages under the Davis -Bacon'
and Related Acts (1)BRA), the Recipient shall take the following actions so that the Department may meet
•its DBRA tracking and reporting requirements to HUD for these funds_.
a. Obtain a wage decision from the Department using its Wage Decision Request form or a
similar document with the same information; and .
b. Prior to awarding the construction contract, submit the Bidding Information and
Contractor Eligibility form, or document with: the same information, and obtain the Department's
confirmation that the contractor is not excluded from participation in federally funded projects.
26 If any funds are used for housing rehabilitation, the project files shall document that, following
completion of each home, all code violations have been corrected and the home meets Section 8
Housing Quality Standards.
27. Within'thirty (30) days of execution of any construction contract between the Recipient and a
contractor, all construction contractors shall provide a. schedule for completion of work activities under
that construction contract.
28. Pursuant to Federal RegisterNolume 69, Number 237 [Docket Number FR-4959-N-01) and the
Robert T. Stafford Disaster -Assistance and Emergency' Relief Act (42 U_S.C.'5155), no activity may
receive assistance. from .these funds with.respect to any cost that is reimbursable by FEMA, eligible for
Small Business Administration assistance or from any other program, insurance or any other sources.
The Recipient's project files shall document how compliance with this prohibition on duplication of
• benefits was determined for each activity, including sub -recipients and, for housing or other direct benefit
activity, individual beneficiaries. Duplication of benefits identified during.monitoring, by an audit, or other
means may require repayment of duplication of benefit funds.
29
Attachment O.
Reporting Requirements
The following reports must be completed and submitted to the Department in the time frame
indicated. Failure to timely file these reports constitutes an event of default, as defined in Paragraph (10)
of this Agreement.
1_ The Contractual Obligation and MBE Report must be submitted to the Department by
April 15 and October 15 annually. The form must reflect all contractual activity for the period. If
.no activity has taken place during the reporting period. the form must indicate no activity"_
2_ The Request for Funds Form must be submitted electronically through FloridaPAPERS to
the Department by an authorized signatory at a minimum of once per quarter within fifteen (15)
days after the end of the quarter April 15, July 15, October 15 and January 15. If no activity
has taken place during the reporting period, a zero (-0-) Request for Funds must be submitted
electronically indicating "no funds required'.
3. The Projection of Contract Payments Form must be submitted to the Department(4)
times a year: April 15, July 15, October 15 and January 15. In -Section I indicate the.amount of
funds projected to be drawn down for the applicable reporting period. If no funds willbe required,
a zero should be reflected in the applicable reporting period. In Section II, indicate current
approved budget and available balance for each project activity.
4_ A Disaster Quarterly Status Report must be submitted to the Department fifteen (15) days
after the end of the quarter on the report form provided by the Department: April 15, July 15,
October 15 and January 15.
-5. A Section 3 Summary Report (HUD form 60002), as required by 24 CFR Part 135, must
be .submitted to the Department annually by July 3.1 _ The Department will provide a copy of the
report form to the -Recipient.
6_ the Administrative Closeout Package must be submitted to the Department forty-five (45)
- days after -the Agreement termination date.
. 7. In accordance with OMB -Circular A-133, revised, should the Recipient meet the threshold
for submission of a single or program specific audit, the audit must be conducted in accordance
with OMB Circular A-133 and submitted to the Department no later than nine (9) months from the
end of th'e Recipient's fiscal year.
Attachment F
Warranties and Representations
Financial Management:
In addition to complying with all applicable federal regulations, the Recipient's financial management
system shall provide for the following:
(1) Accurate,- current and complete disclosure of the financial results of this project or program
. (2) Records that adequately identify the source and application of funds for all activities. These
records shall contain information pertaining to grant awards, authorizations, obligations,
unobligated balances, assets, outlays, income and interest
(3)
Effective control over and accountability for all funds, property and other.assets. Recipient
shall adequately safeguard all such assets and assure that they are used solely for
authorized purposes.
(4) Written procedures for determining the reasonableness, allocability and allowability of costs
in accordance with the provisions of the applicable cost principles and the terms and
conditions of this grant.
Accounting records, including cost accounting records that are supported by source
documentation.
(5)
Competition
In addition to complying with allapplicable state and federal regulations, all procurement transactions
shalt be conducted in a manner to provide, to the maximum extent practical, open and free competition.
The Recipient shall.be alert to conflicts of interest as well as noncompetitive practices among contractors
that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective
contractor performance and eliminate unfair competitive advantage, contractors that develop or draft
.specifications, requirements, statements of work, invitations for bids.andlor requests for proposals -shall
be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose
• bid or offeris responsive to the solicitation and is most advantageous to the Recipient, price, quality and
other factors'considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall
fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be •
rejected when it is in the Recipient's interest to do so.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his.or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated herein, has a financial or other interest in the firm selected for
an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors, or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of the recipient.
Business Hours
The Recipient shall be available at all reasonable times for business. 'Reasonable" shall be construed
according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,
local time, Monday through Friday.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired.
32
ci
'
Attachment J
Special Conditions
Attachment I(
Department of Community Affairs
Florida Small glues Community Development Biodc Grant (CDBG) Program
SIGNATURE AUTHORITY FORM
Submit an original Signature Audhon?y fcem with each contact
Recipient
Miami -Dade County
Contract #
08DB-D3-11-23-01-A01
Mailing Address (Street or Post Office Box)
701 NW 1st Court, .14th Floor
Gty, State and Zlp Code •
• Miami, Florida 33136
Contact Person
Telephone #
986-469-2165
Tangie White Jackson
E ma l Address
whitan@miamidade.gov
Financial Contact Person
Telephone #-
786-469-2111
Awilda Ashford
E-mail Address
awb@miamidade.gov
Requests for Funds (RFFs) from the Florida Small Cities CDBG Program require (check one): [ 3 one signature [ J two
signatures of individuals authorized below. No more than two individuals can be authorized to use FlorldaPAPERS. CDBG
contracts require• that at least one. (1) RFFs must be submitted each quarter and should reflect all expenditures incurring durir
that reporting period.
r Typed Name
Date` / /
Slgnatur
.
Jose • A. Hernandez'
1"% ,
j • ] Check here tf.the above person will be the
designated FloridaPAPERSuser.
E-mai Address
j oseh@miamidade
. g
Typed Name
Awilda Ashford
Date/� ,
4
Signature
[x'] Check here if the above person wiii be the
designated FloridaPAPERS user. -
E-mail Ad Tess
awb@tniamidade
. Qov
Typed Narne -
June Ramsaran
date
Signature
[x ] Check here if the above person will- be the
designated FloridaPAPERS user.
E-mail Address
jyf@miamidade.gov
•
• I certify, as the reclplent's Chief Elected Official, that the above signatures are of the IndivIduals authorized to sign Requests fc
Funds and to submit RFF's electronically to the Small Cities Community Development Block Grant. Program using FloridaPAPER
Typed Name
Carlos Alvarez
D to
Q a3
0 b
S ire .
G- •
[ ] Check here if your local government utilizes Electronic Funds Transfer
[ x] Check here if your local government will be working on a reimbursement
(EFT). from the•State of Florida.
basis.
CDBG payments to local governments using &Tare automatically deposited In the (oval •government's general account. - If the
account Is Interest bearing, the CDBG funds must be transferred to a non -Interest bearing account. Please call the CDBG
. Program at 850/922-1878 or 487-3644 if you have questions. You can check the status of your deposit at the Comptroller's
website: btsp: jLllir,dt2f.tatg.fl.4rq.
Loca/governments not receMng EFT, and not working on a reimbursement basis, must establish a non -Interest bearing accoui
Provide account information for the finandal Institution (Insured by FDIC) below: All signatures on the account must be bonde
Name of Finandal Institution
Account Number
Street Address or Post Office Box
Telephone Number -
City, State and hp Code
•••
ATTACHMENT K
FloridaPAP ERS LOGIN ID AND PASSWORD REQUEST FORM