Legislative Matter

Miami-Dade Legislative Item
File Number: 140181

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Clerk's Official Copy

File Number: 140181

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-232-14

Control: County Commission

File Name: RESTRICTING CONTRACT EXTENSIONS FOR PERSONS OR ENTITIES CDBG

Introduced: 1/24/2014

Requester: NONE

Cost:

Final Action: 3/4/2014

Agenda Date: 3/4/2014

Agenda Item Number: 11A3

Notes:

Title:

RESOLUTION RESTRICTING CONTRACT EXTENSIONS FOR PERSONS OR ENTITIES FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, DOCUMENTARY SURTAX (AFFORDABLE HOUSING), STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM, OR EMERGENCY SOLUTIONS GRANT FUNDS

Indexes:

CDBG FUNDS

Sponsors:

Lynda Bell, Prime 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

Board of County Commissioners	3/4/2014	11A3	Adopted				P

Health & Social Services Committee	2/10/2014	2A	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Terrence Smith read the foregoing proposed resolution into the record. Commissioner Monestime said he understood that the sponsor’s intent was to ensure that the persons or entities which receive Housing and Community Development funds are using them expeditiously. He asked why the sponsor chose to limit the extensions to perform the activity for which the funds were received to one year, as currently those who receive funding may request an extension for up to two years. Commissioner Bell noted her intent was that the Mayor would have the authority to review the project and make a determination as to whether it was in the County’s best interest to grant an extension; after one extension, the Mayor would have to bring a recapture item to the Board. Assistant County Attorney Brenda Neuman clarified that after two extensions for up to two additional years, the Mayor would have to bring an item to the Board with a recommendation to extend the contract further or to recapture the funds. Chairwoman Edmonson said she understood that if the Mayor opted not to extend the contract within the first two extensions, the item would not come before the Board. Assistant County Attorney Neuman confirmed that Chairwoman Edmonson was correct. She noted the Mayor always had the option not to extend a contract; in that event, the funds would be recaptured, and the Board would decide how the recaptured funds would be reallocated. Hearing no further questions or comments, the Committee members proceeded to vote on the foregoing proposed resolution, as presented.

County Attorney	1/24/2014		Assigned	Brenda Kuhns Neuman		1/24/2014

County Attorney	1/24/2014		Referred	Health & Social Services Committee		2/10/2014

Legislative Text

TITLE
RESOLUTION RESTRICTING CONTRACT EXTENSIONS FOR PERSONS OR ENTITIES FUNDED WITH COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, DOCUMENTARY SURTAX (AFFORDABLE HOUSING), STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM, OR EMERGENCY SOLUTIONS GRANT FUNDS

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 Documentary Surtax funds, State Housing Initiative Partnership funds, Home Investment Partnerships funds, Emergency Solutions Grant funds, and Community Development Block Grant funds (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 persons and entities which receive Housing and Community Development Funds (�Agency� or �Agencies�) are using these much-needed funds expeditiously in order to avoid waste; and
WHEREAS, the Board desires to ensure that the County Mayor or County Mayor�s designee brings contracts and conditional loan commitments with Agencies to the Board for review if more than two (2) contract extensions are required for the Agency to complete its contractual obligations,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. After one (1) extension of time has been granted for up to one (1) year to an Agency to perform an activity described in the County�s Annual Action Plan or to perform an activity funded with Housing and Community Development Funds awarded by the Board � whether the extension is of a conditional loan commitment or an a contract executed between the Agency and the County � the Mayor shall review the project, specifically the Agency�s performance and non-compliance issues, and make a determination as to whether it is in the best interest of the County to grant another extension or bring a recommendation to the Board to recapture those funds. If the Mayor or Mayor�s designee finds it is in the best interest of the County to grant the extension, the Mayor will take that executive action and so extend the agreement. After two (2) extensions for up to two (2) additional years have been granted, the Mayor shall bring a recapture/reallocation item to this Board making either (a) a recommendation to extend the contract or conditional loan commitment granting more time for the Agency to perform and explain why that is the recommendation, or (b) a recommendation to recapture and reallocate the Housing and Community Development Funds. When the item comes to committee, there shall be a public hearing at which the Agency may come and explain why it needs more time to perform the activity, and the Board will decide whether to recapture the funds or authorize another extension of the commitment or contract.
Section 2. This resolution is intended to apply only to contracts and conditional loan commitments executed after the adoption date of this resolution.