Miami-Dade Legislative Item
File Number: 131512
   Clerk's Official Copy   

File Number: 131512 File Type: Resolution Status: Adopted
Version: 0 Reference: R-630-13 Control: Board of County Commissioners
File Name: DUE DILIGENCE IN HCD FUNDING Introduced: 7/19/2013
Requester: NONE Cost: Final Action: 7/16/2013
Agenda Date: 7/16/2013 Agenda Item Number: 11A1
Notes: THIS IS FINAL VERSION AS ADOPTED. ALSO SEE 130971 Title: RESOLUTION REQUIRING A DETAILED PROJECT BUDGET, SOURCES AND USES STATEMENT, CERTIFICATIONS AS TO PAST DEFAULTS ON AGREEMENTS WITH NON-COUNTY FUNDING SOURCES, AND DUE DILIGENCE CHECK PRIOR TO THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE RECOMMENDING A COMMITMENT OF COUNTY FUNDS TO SOCIAL SERVICES, ECONOMIC DEVELOPMENT, COMMUNITY DEVELOPMENT, AND AFFORDABLE HOUSING AGENCIES AND PROVIDERS; REQUIRING CERTAIN TERMS TO BE INCLUDED IN CONTRACTS [SEE ORIGINAL ITEM UNDER FILE NO. 130971]
Indexes: COMMUNITY DEVELOPMENT
  DUE DILIGENCE
  HOUSING
Sponsors: Lynda Bell, Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

County Attorney 7/19/2013 Assigned Brenda Kuhns Neuman

Board of County Commissioners 7/16/2013 11A1 Amended Adopted as amended P
REPORT: County Attorney Robert Cuevas read the foregoing proposed resolution into the record. Commissioner Bell noted there were three proposed amendments, as follows: ~ Section 1, replace the words “were resolved” with “are being resolved” at the end of this section; ~ Section 2, fifth line, replace the words “person or entity” with “Agency;” and add the language “including but not limited to inquiring of other County departments, including inquiring of other County departments” to the end of this section; ~ Section 3, sixth line, add the language “The Mayor or Mayor’s designee is not required by this resolution to recommend against funding or contracting with any Agency based upon the matters disclosed in the affidavit described in Section 1(A) above;” and add the word “Rather” and remove the word “further” in the next sentence. Commissioners Diaz and Monestime concurred with the amendments. Commissioner Jordan said she had requested that a companion item be prepared regarding for-profit and private entities that were awarded general contracts with the County. She asked whether the amendments applied to those entities. Commissioner Bell noted this item pertained to public funding, such as general obligation funding and community based organization funding. Commissioner Jordan noted she would follow up with the County Attorney’s Office on her requested item. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as amended.

Legislative Text


TITLE
RESOLUTION REQUIRING A DETAILED PROJECT BUDGET, SOURCES AND USES STATEMENT, CERTIFICATIONS AS TO PAST DEFAULTS ON AGREEMENTS WITH NON-COUNTY FUNDING SOURCES, AND DUE DILIGENCE CHECK PRIOR TO THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE RECOMMENDING A COMMITMENT OF COUNTY FUNDS TO SOCIAL SERVICES, ECONOMIC DEVELOPMENT, COMMUNITY DEVELOPMENT, AND AFFORDABLE HOUSING AGENCIES AND PROVIDERS; REQUIRING CERTAIN TERMS TO BE INCLUDED IN CONTRACTS

BODY
WHEREAS, Miami-Dade County provides funding from state, local and federal sources for the provision of economic development, community development, and affordable housing activities as well as social services throughout the County, which include but are not limited to general revenue funds, local Documentary Surtax funds, State Housing Initiative Partnership funds, Home Investment Partnerships funds, Emergency Services Grant funds, and Community Development Block Grant funds, and funds awarded through the County’s Community-Based Organization (''CBO'') funding process (hereinafter together referred to as ''Housing and Community Development Funds''); and
WHEREAS, the County’s need is great but its resources are limited, making the efficient and transparent use of these Housing and Community Development Funds imperative; and
WHEREAS, this Board desires to ensure that for-profit and non-profit agencies which receive Housing and Community Development Funds (''Agency'' or ''Agencies'') are ready to proceed with the project, are limiting the amount spent on administrative costs, are properly leveraging the Housing and Community Development Funds with other available funds, and are using Housing and Community Development Funds to provide much-needed services to the County’s residents; and
WHEREAS, past instances of poor performance and lack of accountability on the part of agencies receiving Housing and Community Development Funds have caused the Board to institute reform and tighten County procedures; and
WHEREAS, this Board desires to ensure that the County Mayor or County Mayor’s designee includes certain protections for the County in contracts negotiated and executed between the County and the Agencies,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The Board directs the County Mayor or County Mayor’s designee, prior to making a recommendation for funding, awarding, entering into a contract for, or otherwise issuing any form of commitment of Housing and Community Development Funds, require that Agencies submit to the County Mayor or County Mayor’s designee: (A) an affidavit certifying that, within the past five (5) years, neither the Agency nor its directors, partners, principals, members or board members (i) have been sued by a funding source for breach of contract or failure to perform obligations under a contract; (ii) have been cited by a funding source for non-compliance or default under a contract; or (iii) have been a defendant in a lawsuit based upon a contract with a funding source; and (B) a detailed project budget and Sources and Uses Statement which shall be sufficiently detailed to show (i) the total project cost; (ii) the amount of funds to be used for administrative and overhead costs; (iii) whether the Housing and Community Development Funds will be ''gap'' funds, meaning that they would be the last remaining funds needed to ensure funding for the total project cost; (iv) any profit to be made by the person or agency; and (v) amount of funds devoted toward the provision of the desired services or activities. The County Mayor or County Mayor’s designee is directed to create a form of the affidavit described above in subsection (A), which shall include a section for the Agency to explain any matters which prohibit the Agency from making the certifications required and a section to explain if and how any of the matters disclosed are being resolved.
Section 2. Prior to the County Mayor or County Mayor’s designee making a recommendation for funding, entering into a contract for, or otherwise issuing any form of commitment of Housing and Community Development Funds to any person or entity, the County Mayor or County Mayor’s designee shall engage in a due diligence effort which includes checking all sources listed on Exhibit 1, attached hereto, and ensuring that the Agency is not in non-compliance on other contracts involving Housing and Community Development Funds, including but not limited to inquiring of other County departments, including inquiring of other County departments.
Section 3. The County Mayor or County Mayor’s designee is directed to incorporate the policies espoused in Sections 1 and 2, above, into its competitive and non-competitive processes for selecting persons or agencies to receive Housing and Community Development Funds, including but not limited to the annual Request for Application (RFA) process administered by the Public Housing and Community Development Department, or its successor department, and the annual Community-Based Organization funding process. The Mayor or Mayor's designee is not required by this resolution to recommend against funding or contracting with any Agency based upon the matters disclosed in the affidavit described in Section 1(A), above. Rather, the County Mayor or County Mayor’s designee is directed to include with any recommendation for funding or award of any contract for Housing and Community Development Funds a description of the due diligence investigation performed in a section of the justification memorandum called ''Due Diligence'' and to report to the Board any instance where the research conducted pursuant to Sections 1 and 2, herein, revealed information which affected, either positively or negatively, the County Mayor or County Mayor’s designee’s decision to recommend a particular agency for funding or which may adversely affect the Board’s decision to approve said recommendations.
Section 4. The County Mayor or County Mayor’s designee is directed to include a provision in contracts negotiated and executed between the County and Agencies receiving Housing and Community Development Funds to permit the County Mayor or County Mayor’s designee to make unannounced, on-site visits during normal working hours to the Agency’s headquarters and/or any location or site where the services contracted for are performed.
Section 5. This resolution is intended to apply only to contracts or recommendations by the County Mayor or County Mayor’s designee which are submitted to the Board after the adoption date of this resolution.

OTHER
Exhibit 1
Due Diligence Checklist

Miami-Dade County Office of Inspector General searchable website
Vendor Registration documents, affidavits, and applicable licenses (ADPICS, BTS, and the Florida Department of Business and Professional Regulation (http://www.myfloridalicense.com/dbpr/)
Insurance, and/or bonds, as applicable
SBD Violations Report (http://www.miamidade.gov/sba/reports-history-of-violations.asp)
Florida Convicted Vendor List (http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/convicted_vendor_list)
Contractor Debarment Report (http://www.miamidade.gov/sba/reports-debarment.asp)
Delinquent Contractors (http://wasiap.miamidade.gov/ARI/menu_1_0.do)
Goal Deficit Make-Up Report (http://www.miamidade.gov/sba/reports-goal-deficit.asp)
Suspended Contractors (http://egvsys.metro-dade.com:1608/wwwserv/ggvt/bnzawbcc.dia)
Florida Suspended Contractors (http://dms.myflorida.com/business_operations/state_purchasing/vendor_information/convicted_suspended_discriminatory_complaints_vendor_lists/suspended_vendor_list)
Federal Excluded Parties List System (https://www.epls.gov/)
Sudan-Iran Affidavit (http://www.sbafla.com/fsb/LinkClick.aspx?fileticket=iePW9X7l3-E%3D&tabid=751&mid=2409)
State of Florida Corporations (Sun Biz) (http://www.sunbiz.org/search.html) (or State of Corporate Registration)
Capital Improvements Information System (CIIS) database, if applicable (http://intra.miamidade.gov/CIIS/CIIS_Menu_Main.asp) (Construction only)
A&E Technical Certification Report (http://www.miamidade.gov/procurement/technical-certification.asp) (Design and Professional Services only)
Pre-Qualification Report (http://www.miamidade.gov/procurement/pre-qualification-certification.asp) (Design and Professional Services only)
Web search for compliance and performance record (including Better Business Bureau and other jurisdictions)
Reference checks for contracts similar in scope (including County departments, other agencies, and companies/firms). If a contractor has performance or compliance issues on another contract, the scope of that contract must be compared with the subject contract.
Tax returns, Financial Statements (Audited), Pro Forma statements, and other financial documents/statements
Local public records search (including the Miami-Dade Clerk of Courts http://www2.miami-dadeclerk.com/public-records/)
Dunn & Bradstreet financial reports*
Public Access to Court Electronic Records (PACER) litigation reports*

* These are subscription-based services. Please contact Procurement Management Services if a project warrants access to these services.



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.