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Res No 232-11-13546RESOLUTION NO. 232-11-13546 A resolution authorizing the City Manager to amend the Combined FY 2008, 2009, and 2010 Community Development Block Grant agreement with Miami -Dade County's Department of Public Housing and Community Development (PHCD) to extend the expiration date from December 31, 2011 to December 31, 2012 for the Murray Park Aquatic Center Construction Phase I in the amount of $1,207,374. WHEREAS, the City of South Miami was awarded multiple grants for the Murray Park Aquatic Center — Construction Phase I that were combined into one contract Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development with a contract expiration date of December 31, 2011; and WHEREAS, the City of South Miami has been approved for a 12 -month contract extension in the form of a grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development for the Murray Park Aquatic Center — Construction Phase I; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to amend the agreement with Miami -Dade County's Department of Public Housing and Community Development to extend the expiration date from December 31, 2011 to December 31, 2012 of the grant agreement amendment for the Murray Park Aquatic Center - Construction Phase I. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to amend the grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development to extend the expiration date from December 31, 2011 to December 31, 2012 for the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase I_ Section 2. This resolution shall be effective immediately after the adoption hereof. Res. No. 232 -11 -13546 PASSED AND ADOPTED this 20th , day of Decemb r2011. ATTEST: 2 APPROVED: Commission Vote: 4-0 Mayor Stoddard: Yea Vice Mayor Newman: absent Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission South Miami AH- nmftaC" Q 2001 FROM: Hector Mirabile, Ph.D., City Manager 1 ]—?DATE: December 20, 2011 Agenda Item No.: SUBJECT: A resolution authorizing the City Manager to amend the Combined FY 2008, 2009, and 2010 Community Development Block Grant agreement with Miami - Dade County's Department of Public Housing and Community Development (PHCD) to extend the expiration date from December 31, 2011 to December 31, 2012 for the Murray Park Aquatic Center — Construction Phase I in the amount of $1,207,374. BACKGROUND: Miami -Dade County Public Housing and Community Development (PHCD) awarded the City of South Miami the Murray Park Aquatic Center — Construction Phase I with an expiration date of December 31, 2011 in the amount of $1,207,374. The City of South Miami was awarded multiple grants for the Murray Park Aquatic Center — Construction Phase I that were combined into one contract Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase 1 from Miami -Dade County's Department of Public Housing and Community Development. The City of South Miami was approved for an additional contract extension for 12- months in the form of a grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development for the Murray Park Aquatic Center — Construction Phase 1. GRANTOR: Miami -Dade County Public Housing and Community Development (PHCD) formerly known as Miami -Dade County Department of Housing and Community Development (DHCD) GRANT AMOUNTS $1,207,374 GRANT PERIOD: January 1, 2010 through December 31, 2011 ATTACHMENTS: Amendment One to the Combined FY 2008, 2009, and' 2010 Community Development Block Grant Contract between Miami -Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase 1. Combined FY 2008, 2409, and 2010 Community Development Block Grant Contract between Miami -Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase 1. Payne, Nkenga From: Korth, Jennifer Sent: Thursday, October 04, 2012 12:07 PM To: Pepe, Thomas F.; Menendez, Maria M. Cc: Goodson, Letitia S. (PHCD); Payne, Nkenga Subject: RE: Murray Park Aquatic Center (to include Swimming Pool) - Amendment Two Attachments: 20121003145416.pdf Mr. Pepe / Mrs. Menendez: Please find Amendment 1 (mislabeled as Amendment 2) for the Murray Park Aquatic Center attached. I have requested Ms. Goodson, Project Manager, PHCD, to supply the City with a letter explaining the incorrect title, however she needs to wait on the County Attorney to find out how they would like to handle the situation. As soon as I receive an update from Ms. Goodson, I will pass on the information. Best, Jennifer E. Korth Grants & Sustainable Initiatives Administrator City Manager's Office City of South Miami 6130 Sunset Drive Miami, FL 33143 305 - 668 -2514 (office) 786 - 797 -3245 (cell) Please note: Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. If you feel that you are not the intended recipient, then please delete this message. From: Pepe, Thomas F. Sent: Thursday, September 27, 2012 6:02 PM To: Korth, Jennifer Cc: Menendez, Maria M. Subject: RE: Murray Park Aquatic Center (to include Swimming Pool) - Amendment Two In that case I do not think there is a problem. Mrs. Menendez' suggestion is a good idea in that situation. Very truly yours, Thomas F. Pepe City Attorney City of South Miami 1450 Madruga Avenue, Ste 202, Coral Gables, Florida 33146 Tel: (305) 667 -2564 Fax: (305) 341 -0584 E -mail: tpepeCasouthmiamifl.gov ATTENTION: This e -mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All a -mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Korth, Jennifer Sent: Thursday, September 27, 2012 3:37 PM To: Pepe, Thomas F. Subject: RE: Murray Park Aquatic Center (to include Swimming Pool) - Amendment Two Yes T- Mobile, America's First Nationwide 4G Network -- - - - - -- Original message -- - - - - -- Subject: RE: Murray Park Aquatic Center (to include Swimming Pool) - Amendment Two From: "Pepe, Thomas F." <TPepe&southmiamifl.gov> To: "Menendez, Maria M." <MMenendez@southmiamifl.gov >, "Korth, Jennifer" <JKorth@southmiamifl. ov> CC: Is Amendment 2 the same as Amendment 1 in all respects other than the title? Very truly yours, Thomas F. Pepe City Attorney City of South Miami 1450 Madruga Avenue, Ste 202, Coral Gables, Florida 33146 Tel: (305) 667 -2564 Fax: (305) 341 -0584 E -mail: tpepe @southmiamifl.gov ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All a -mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119. From: Menendez, Maria M. Sent: Thursday, September 27, 2012 10:53 AM To: Korth, Jennifer; Pepe, Thomas F. Subject: RE: Murray Park Aquatic Center (to include Swimming Pool) - Amendment Two Mr. Pepe has the last word, but if you asked me I'd say that we simply attach the clarification to the original papers (resolution, etc.). you might want to ask them to send us a letter explaining that they made a mistake by calling it amendment "two" when it should be amendment "one." And such letter will be attached to the original papers. Maria From: Korth, Jennifer Sent: Thursday, September 27, 2012 10:45 AM To: Pepe, Thomas F.; Menendez, Maria M. Subject: FW: Murray Park Aquatic Center (to include Swimming Pool) - Amendment Two The City approved the attached amendment by Resolution No. 232 -11 -13546 as "Amendment 1", however PHCD changed the title accidentally to "Amendment 2." Is this going to be a problem? Please advise. Best, Jennifer E. Korth Grants & Sustainable Initiatives Administrator City Manager's Office City of South Miami 6130 Sunset Drive Miami, FL 33143 305 - 668 -2514 (office) 786 - 797 -3245 (cell) Please note: Florida has a very broad public records law. Most written communications are public records and available to the public and media upon request. Your e -mail communications may therefore be subject to public disclosure. If you feel that you are not the intended recipient, then please delete this message. From: Goodson, Letitia S. (PHCD) fmailto:LGOODS @miamidade.go Sent: Tuesday, September 18, 2012 1:25 PM To: Korth, Jennifer Subject: Murray Park Aquatic Center (to include Swimming Pool) - Amendment Two Hello Jennifer, The executed Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant (CDBG) contract between the City of South Miami and Public Housing and Community Development (PHCD) for the Murray Park Aquatic Center (to include Swimming Pool) is ready for pick -up. You can pick it up at Public Housing and Community Development (PHCD), 701 NW 1St Court, 14th Floor at the receptionist desk. Also, attached is a copy of the executed document. If you have any questions or concerns, please do not hesitate to email or call me at the email address or telephone number listed below. Thank you. Letitia Letitia S. Goodson, Project Manager Public Housing and Community Development Community and Economic Development Division Overtown Transit Village North 701.NW 1st Court, 14th Floor Miami, FL 33136 Tel: (786) 469 -2220 Fax: (786) 469 -2236 Email: lgoods _miamidade.00v www.miamidade.gov/ced www.miamidade.gov /housing MMIIAMM I•DADE Carlos A. Gimenez, Mayor October 4, 2012 Mr. Hector Mirabile, Ph.D. City Manager City of South Miami 6130 Sunset Drive City Hall -15t Floor South Miami, Florida 33143 Public Housing and Commun'etopment 701 NW 1st Court • 14th Floor Miami, Florida 33136 -3914 T 786 - 469 -2100 F 786- 469 -2237 miamidade.gov Re: Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract Dear Mr. Mirabile: Due to a Scrivener's Error, the amendment number was inadvertently changed in the title of the amendment from Amendment One to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract to Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development %Block Grant Contract. The current amendment title will remain Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract and the Scrivener's Error will be addressed in any future Amendments. Also, the future Amendment will be titled Amendment Three to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract. If you have any questions, please contact me at 786 -469 -2220. Sincerely, "etritfiaS.on PHCD Project Manager Enclosure c: Colleen Brown, Manager, Project Management Unit, PHCD Central File — City of South Miami. — CDBG FY 2008, 2009 & 2010 Murray Park Aquatic Center (to include Swimming Pool) Resolution Number # R- 1222 -07 R- 1127 -OS R- 914 -09 R- 1284 -09• and R- 111 -10 Duns Number #024628976 Awarded Amount $1,207,374 CDBG 2010 municipality AMENDMENT TWO TO THE COMBINED FY 2000, 2009 & 2010 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI" The contract entered into between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to as the "Awardee" executed on May 16th, 2010, is amended as follows: 1. The Contract is hereby amended to delete all references to "Department of Housing- and Community Development" or "DHCD" and replace it with the said references of the "Public Housing-and Community Development" or "PHCD "_ Gei4ffGat. e- W_G URUA}f t l3 -n --1: :1 l�: Th,� nntor �c ni+o/ ars, if ap.plir.ah-le- iR -Zh° e_Rt at the . erfief4t- �eF}ed }- he- ::�afdee in tr nne '�crFift��..- s�eduiCtl-- try", -�#, i ^vi>*`" " 'g" _ r tL -- i - i -s M* of +hint, /4i� \may affil -��e y Gh-exp[pa't{o = 1n e e eRt that S6VEr- Iie- A�r�'e efiAi -# n c- rev -vr jra t--- uspen�e- Age4Ref'-et bed in —+.%fie fenewed- s�°ff;�. fe-- r�se+ved— #y -4b,E — Gs''n+ he— Maaf�er- press i v��,rr 'vM~" �} QI�S ;-- �F6�Jide�iiAwtin - rer , that +hie c e p--40 e r � n e+ y ' +he up."ay-,-at�7 e diSGFetinn i te— thigTeereRt-.- P48Ft- e£ } ��. �e{ �} a�- b�-• li-1 L^- �t7rt ?7'tl'�- ai�Q""cv7minmrrenn°mnn+ of ,h�L(`��aGted�Jef�'{bG`D'� 1�C"T'tYYar�e{�. • 6e-req fe-1 URdeF this 4;e1jAafd�&UbFf it s,, nerl +hrnrtnh� + rm of the /�nrceffla� appmvui. r�csl- {n.°+:.•fafi aW- an � Fqugl; - -Paged,. Seetief�- N- (Ft-iM , -IM Iews: / r0er+ifin le of n ge The- sragiF�al- te- be- re�ely .`d- by-P- lD- witk>if�- tlaeifs+ '� #-this Agr�eeFit- peFiecl; aid thrm + �i+, l rJ A - .e- r^,.r' i payMent Fequest, • y�/��(� t 1- }� �� }{�� the�p�`p,Ayr,1 .fi�{l -rhy e��%.Fe�tfYe-date n�c. nn�rer..ge mttet rG ��V agFeeMePA Page .1 of 3 Resolution Number # R- 1222 -07 R- 1127 -08 R- 914 -09 R- 1284 -09• and R- 111 -10 Duns Number #024628976 Awarded Amount $1,207.374 CDBG 2010 Municipality Gqvurn,n° i ntity oh 11- ind°n�n�rn y and —h County �,. Vii_ { -) —,tom- o,� da ay , Jr j us" nc ' t-d, relP.t1 G-6F r k^ Iefend F}n of any kj;;d- eF natkim in the name, , � FldB -a�id AtemGroc• foes fa,/ n rnrnan� °n:i #�r off( J e fGvkled agme&that-��r-eteotien ill y A- lC3Glei� fY-k, eep-and -save h rrnl° nd rl°fend�e „nf, nr if or ° nq -cretin s,_h°ro,n- - 'provide 5. Page 29, Section IV (A)(2), first sentence is amended to read as follow: This Agreement shall expire. on December 3'f , 2412./ 6. Attachment A'1 is amended as indicated in A-1 This Amendment is intended. to. extend the FY 2010 Community Development Block 010 Contract between Miami -Dade County•and the City of South Miami executed on °.May16, (the °Contract"), until December 31, 2012. The Parties ratify and adopt all the provisions, duties and. obligations of the Contract as if fulljr set forth herein. The effective date for this amendment is December 31, 2011. Except for any changes.enumerated.above, all provisions of the contract shall remain in fill force and effect. This Amendment is intended to. extend the Contract, until December .31, 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 pars of the Contract. . -P4ge.2 Q0. Resolution Number #R- 1222 -07: R- 1127 -08: R- 914 -09• R- 1284 -09• and R- 111 -10 Duns Number #024628976 Award Amount $1,207.3 CDBG 2010 Municipality AWARDEE: City of South Miami BY: NAME: Hector Mirabile, Ph.D. TITLE: City Manager DATE: It. - Q-1 L I BY: NAME: Maria M. Menendez TITLE:r� DATE: Witnesses: MIAMI -DADE COUNTY Federal ID Number: 59- 6000431 R- 1222 -07; R- 1127 -08; R- 914-09; R- 1284 -09; and R- Resolution #: -111 -10 CD534C09CI; CD535C08CI; CD534C09CCI; and Index Code: CD536C10CI BY: NAME: Carlos A. Gimenez TITLE: Mayor ATTEST Contractor's Fiscal Year Ending Date: September 300' CORPORATE SEAL: Approved as to form' °and leggl and sufficiency: 1 U"Qf 6 V��I�lZ AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 3 of 3 o , a °� TITLE: O co�rr - �O rn R i Contractor's Fiscal Year Ending Date: September 300' CORPORATE SEAL: Approved as to form' °and leggl and sufficiency: 1 U"Qf 6 V��I�lZ AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 3 of 3 - Vr0 .._- JANUARY 1, T008 THRU DECEMBER 31, 2012 NAME: City of South Miami Attachment A -1 Murray Park Aquatic Center (to Incllude Swimmin —of C t ti FUNDING SOURCE: � izroiu0i i one ruc on Phase I 1/12009 12/312009 REPORT (1ST, 2ND, 3RD and 4TH Quarter Progress Report duo Apr1110th, CDBG 2008, 2009 & 2010 10th 2010 and Janus 10th 2011 res ectivel AT 'DUN;: 'TIER REPORT (1ST, 2ND, 3RD and 4TH Quarter Pragreas Report due April 10th, 10th, 2011 and January 10th 2012 respectively) 1/12011 Paa 1 ol3/312011 - AD FUNDING: CDBG 2008 funds that were used for the Design Phase rig / ��.e�i�Q OTHER FUNDING: (Matching by City) $185,537.00 TOTAL PROJECT COST: $100,000.00 CCOMPLISHMENT UNITS: $149291100 TAYPE: 1 Ley �p, People En <ti x ACTION STEP CATEGORY tTASF�.t/+`. n titftr 'J cs. DESIGN PHASE; CONTRACT DEVELOPMENT PHASE A/�i2008 r ° ; {' 0 0 r - Submit scope of services, action steps• budget and Environmental Review for (Attachment D of 11.1/2008 v .c. , Y 9. contract) •Submit required documents: 1/1 @009 12/312011 ' •`_ ;•;a. A enc -Board of Director's Resolution Approving the Funded amount and Authorizing Execution of the Contract 1/12009 12/312011 �� Y ` Agency PHCD, Authorized Signature Form, Mlaml -Dade County Affidavits, State of Florida Public Entity Crimes£` Affidavit, Affidavit of Financial and Conflicts of Interest, Developers Affidavit that Miaml -Dade County Taxes. Fees and Parking Tickets have been Paid, Code of Business Ethics, Collusion Affidavit, Certification Regarding Lobbying, Related Parties Disclosure Statement, Fair Subcontracting Policies, ••K°� '.. 1 y ` and Subcontractor /Supplier Listing -W -9, Articles of Incorporation, By -Laws, IRS 990, Certificate of Good Standing, Tax Exemption Determination Letter and _ 1 - Forward signed CDBG contract for processing and final execution to Miami -Dade County Manager's Office + rngJe -- ;ertficate(s) of Insurance to PHCD (see Tit achment 6-1 (B) of contrar rental Clearance letter executed CDBG contract along w th the Certificate(.) of Insurance to for Engineering Consultant for Enainearina Cnneullnnr • ----.r for REPORT (1ST, 2ND, 3RD and 4TH Quarter Progress Report due Apr1110th, � izroiu0i i 10th 2009 and Janus I 10th 2010 rea ectivel 1/12009 12/312009 REPORT (1ST, 2ND, 3RD and 4TH Quarter Progress Report duo Apr1110th, 10th 2010 and Janus 10th 2011 res ectivel 1112010 12/312010 REPORT (1ST, 2ND, 3RD and 4TH Quarter Pragreas Report due April 10th, 10th, 2011 and January 10th 2012 respectively) 1/12011 Paa 1 ol3/312011 tct Manager, Planner, Specialist, PM or PM ACTION STEPS tANHARY 1. Anne Two, l rICPCMRCD t1 AGENCY NAME: City of South Miami Attachment A•1 ACTIVITY: Murray Park Aquatic Center (to Indlude Swimming Pool) - Construction Phase I FUNDING SOURCE: CDBG 2008, 2009 & 2010 AMOUNT: 4•t,•xt'•:u,.a3,T. OTHER FUNDING: CDBG 2008 funds that were used for the Design Phase $185,537.00 OTHER FUNDING: (Matching by City) ,000.00 $100 TOTAL PROJECT COST: $1,492 $100 91100 ACCOMPLISHMENT UNITS: tt . TYPE: People ACTION STEP CATEGORY. IN PRE -BID PHASE - Submit RFP package for GC 7 120111; 7/1/2011 '9 2 8/302011 * p y p: Agency }µys iii v Submit Advertisement for GC 7/12011 8/302011 s Agency Review RFP, GC package and Ad by PHCD staff Review RFP, GC package and Ad by PHCD staff for Davis Bacon and Section 3 requirements (if applicable) Submit RFP feed back to Agency Receive revised RFP from Agency 7112011 7/12011 7112011 7112011 9/302011 9/302011 9/302011 9/302011 S•^Y;- .; ' a Project Manager and Construction Manager. Compliance Unit /Labor Standards Coordinator Project Manager Pro act Mana er Give agency written approval for RFP, GC package and Ad 7/72011 7/72011 'r• `�` ', - - n<S'�:r..r..:q>; Division or Department Director Publication of RFP for GC 7/12011 91302011 ' .: - ; f Agency Pro-Bid Meeting 9/302011 Agency Bid /RFP opening 7/12011 9/302011 , *. -, r:' " Agency Selection /Award of GC 7112011 9502011 .r .c ' -f' !:i Agency Place order to GSA for Miami -Dade Construction Sign Placement of Miami -Dade County Construction Sign 10/12011 10/12011 11/302011 114102011 ;. 4WVA1Nt;a!A-AAgency1ProJect a -:` ilPAWO Manager GSA SUBMITTAL OF SELECTED GC CONTRACT FOR PHCD APPROVAL '• - - GC contract Notice to Bidders /Prospective Contractor Statement of Bidder's Construction experience Certification receipt Davis -Bacon Wage Determination Labor Standards Provilsions (Form HUD 4010) Insurance Requirements Provisions to be Incoporated In Construction Contracts Non - Collusion Affidavit Certification Regarding Lobbying Affirmation Action Standards Certification of Compliance with Part 60.2 Affirmative Action Program Other Required Certifications Certification Regarding Drug Free Workplace Assurance of Comliance (Becton 3, HUD Act of 1968) Section 3 Requirements Section 3 Clause Bidder's Initial Section 3 Goals Certification Regarding Debarment, Suspenslton, Ineligibility and Vaoluntary Exclusion - Lower Tier 1712012 :T' .. 17 -', 1/12012 . ': -r .3/3.720 3/312012 - !F Sri ' ^ r.. Agency `T Agency Agency k Agency ° ' Agency Agency - Agency Agency Agency Agency Agency Agency Agency 4/ Agency Agency SZ> Agency 1. Agency "�, ' ?,sF•y .., 1/12012 3/312012 1/1/2012 1/12012 1/12012 3/312012 1 3/312012 1/12012 3/312012 1/12012 3/3112012— 1/12012 3/312012 1/12012 3/312012 1112012 71312012 1/12012 3/312012 1/12012 3/312012 1/12012 3/312012 1112012 31312012 1/12012 3/312012 1/12012 1/12012 3/312012 3/312012 1/12012 3/312012 Transactions Equal Employment Opportunity (EEO) Clause for Contractors Not Subject to executive Order (ECO 11246) Equal Opportunity for Special Diabled Veterans and Veterans of the Vietnam Era Equal Opportunity for Workers with Diabllities Notice of Requirement for affirmative Action to Ensure Equal Employment Opportunity (ECO 11246) 1/12012 3/312012 r Agency �< ` Agency Agency �1 Agency Agency 1112012 3/312012 1/12012 3/312012 1/12012 3/312012 1/12012 3/312012 1/12012 3/312012 Equal Employment Opportunity (EEO) Clause for Contractors Subject to executive Order (ECO 11246) Certification of Nonsegregated Facilities Notice to Prospective Subcontractors of Requrements for Certification of Nonsegregated Facilities Notice of Requirement - Clean Water, Clean Air, EO 11738 and EPA Regulations Provision. Certification of Compliance with Federal Regulations Certification Regarding Debarment, Supenslon, and Other Responsibility Matters (Direct Agency Agency Agency Agency 1/12012 3/312012 1/12012 3/312012 1WHIMARNMAgency 1/12012 3/312012 1/12012 3/312012 Recipient) 1112012 3/312012 Agency Page 2 of 4 IAMI IADV. I— Tu en ne --- u . AGENCY NAME: Attachment A -1 City of South Miami ACTIVITY: Murray Park Aquatic Center (to Include Swimming Pool) - Construction Phase I FUNDING SOURCE: CDBG 2008, 2009 & 2010 AMOUNT: ft-u OTHER FUNDING: CDBG 2008 funds that were used for the Design Phase $105,537.00 OTHER FUNDING: (Matching by City) $100 ,000.00 $100 TOTAL PROJECT COST: $ 911.00 ACCOMPLISHMENT UNITS: TYPE: People 'F- -"6,' � � ,• x r J P' s �, rML i (lj, as ACTION STEP CATEGORY TA$K i }' !!.' G)liE Re R II C d ; %.A�P_R•VED.F. SCn CtrTl R I l3 RS � Public Entitly Crimes Affidavit 1/12012 3/312012 Agency Certificate of Insurance 1/12012 3/312012 Agency Payment and Performance Bond . Agency 1/12012 3/312012 Executed GC contract Check debarment list �n .r + ,K: Agency A enc 1/12012 1/112012 3/312012 3/312012 Submit cop of ER clearance letter 1/12012 3/312012 .. dt` .. Agency Submit co Ad 1112012 3/312012 Agency Specification for services being provided 1/12012 3/312012 q . Agency Submit Bid Tabulations 1/12012 3/312012 # Agency Submit recommendation by Agency's Staff 1/12012 3/312012 _ ancy Submit Agency's Board minutes or Resolution approving selection 1/12012 3/312012 Agency Submit copies of State, County and City Licenses and Certificate of Com etencles 1/12012 3/312012 i,,. Agency Submit W -9 Request for Taxpayer Id # 1/12012 3/312012 Agency Project Manager, Construction Manager and Review GC contract PHCD staff) 1/12012 3/312012 ; Compliance Unit/ Labor Standards Coordinator GC CONTRACT APPROVALPHASE Information needed to contract with 00 7777'777770201,127--77 ,. 7- :g 3, en ,:: K ¢ ;, Notice to Bidders /Prospective Contractor 1/12012 3/312012 Agency Statement of Slddets Construction experience Agency 1/12012 3/312012 Certification receipt Agency 1/12012 3/312012 _ Labor Standards form HUD 4010 Agency 1/12012 3/312012 Wage Determination Agency 1/12012 3/312012 Insurance Requirements Agency 1/12012 3/312012 Other provisions Agency 1112012 .3/312012 Certification Regarding Lobbying Agency 1/12012 3/312012 Affirmation Action Standard Agency 1/12012 3/312012 Certification of Compliance with Part 60.2 Affirmative Action Program Agency 1112012 3/312012 Certification Regarding Drug Free Workplace Agency 1/12012 3/312012 Assurance of Companies Agency 1/12012 3/312012 Section 3 Requirements (if applicable) Agency 1/12012 3/312012 Section 3 Clause (If applicable) Agency 1112012 3/312012 Payment and Performance Bond Agency 1/12012 3/312012 Executed GC contract Alien 1/12012 3/312012 Check debarment list 1/12012 3/312012 Protect Mana er Submit GC contract for Division or Department Director approval 1112012 3/312012 Project Manager Division or Department Approval of GC contract 1/12012 3/512012 i Director Give agency written approval for subcontract 1/12012 3/312012 Pro ect Manager Page 3 of 4 AGENCY NAME: ACTIVITY: FUNDING SOURCE JANUARY 1, 2009 THRU DECEMBER 31, 2012 City of South Miami Murray Park Aquatic Center (to Incllude Swimming Pool) - Construction Phase I AMOUNT: CDBG 2008, 2009 8 2010 OTHER FUNDING: CDBG 2008 funds that were used for the Design Phase OTHER FUNDING: (Matching by City) : 5.1,2a3A;p.4 TOTAL PROJECT COST: 5185,537.00 ACCOMPLISHMENT UNITS: $100,000.00 TYPE: $1,492,911.00 People t OF v Y. TASk _ . . 1/12012 31312012 al of Weekly Payrolls (Labor Compliance) 1/12012 3/312012 of Weekly Payrolls 1/12012 3/312012 rl of Monthly Section 3 Report 1/12012 3/312012 v12o1z jg 1/12012 3/312012 PAYMENT REpUES7 S 3/312012 3/312012 PROCESS REPORT 1ST puartar Pro rasa Re 0 12 1/12012 3/312012 2012 3/312012 100 % of construction ION OF CONSTRUCTION PHRSE min 1/12013 3/312013 Page 4 014 toonstruceon Manager, Compliance Unit / Labor Standards Coordinator and Attachment A.1 1112013 3/312013 1/12013 3/312013 1112013 3/312013 1/12013 3/312013 1/12013 8/312013 1/12013 3/312013 Page 4 014 toonstruceon Manager, Compliance Unit / Labor Standards Coordinator and Attachment A.1 ATTACHMENT B -I(B) INDEMNIFICATION AND INSURANCE REQUIREMENTS Government entity shall .indemnify and hold harmless the County and its officers, employees, instrumentalities from any and all liability, losses or damages, including attorney's fees and cost of d is and 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 o g or resulting from the performance of this Agreement by the Government entity or its employees, agents, servants Partners principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigates and defend all claims, suits or, actions of any kind or nature in the name of the County, .where applicable, includin g appellate proceedings, and shall pay all costs judgments, attorney's fees which may issue thereon. Government entity expressly understands and agrees ethat any insurance protecti on required by this Agreement or otherwise provided by Government entity shall in no way and limit the responsibility to indemnify, keep and save harmless and defend the County or its officers employees, agents and instrumentalities as herein as herein provided. ' RESOLUTiON NO: 279 -10-13313 A Resolution of the Mayor and City Commission of the City of South Mirami approving the reallocation of the remaining balance of fiscal year 2008 grant - agreement amendment with Miami -Dade County's Department of Housing and Community Development (DHCD) for the Murray Park Swimming Pool Design Phase in the Amount of $90,463.00 to the Construction Phase of the Murray Park Swimming Pool for a total Community Pool Construction Award in the amount of .1, 07 -361:88 $1,207,374.00; and setting forth that all CDBC grant funding for the Murray Park Swimming Poor will be combined with an extended expiration date'of December 31, 2011; and providing for an effective date. WHEREAS, the City of South Miami was awarded a grant for Murray Park Pool Design in the amount of $276,000.00 from Miami -Dade County's Department of Housing and Community Development with a contract expiration date of December 31, 2009; and $185,537.00 was expended. WHEREAS, the Mayor and City Commission is desirous of approving the reallocation of the remaining balance ($90,463.00) of the grant agreement amendment with Miami -Dade County Department of Housing and Community Development for the Murray Park Pool Design Phase to the Construction Phase. WHEREAS, the City of South Miami was awarded multiple grants for Murray Park Pool from Miami -Dade County's Department of Housing and Community Development to be combined into one contract: WHEREAS, the City of South Miami was approved for a 12 -month contract extension in the form of a grant agreement amendment by Miami -Dade County's Department of Housing and Community Development for the Murray Park Pool Construction Phase through a grant agreement amendment; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Department of Housing, and Community Development; and PLOW, THEREFORE, BE AT RESOLVED BY THE MAYOR AND CiTY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission approve the reallocation of the remaining balance of the grant agreement amendment with Miami -Dade County's Department of Housing and Community Development for Murray Park Pool Design Phase in the amount of.$90,463.00 to the Murray Park Pool Construction Phase. Section 2: The Mayor and City Commission approve the combination of all previous funding (2008 -2010) for the Murray Park Pool from Miami -Dade County's Department of Housing and Community Development, including the above $90,463.00 reallocations from the Murray Park Pool Design Phase to Construction Phase, in the Pg. 2 of Res. No. 279 -10 -13313 $1,207,374.00 total amount of $C-2a7,361-.$6, into one contract with an extended . expiration date of December 31, 2011. Section 3. This resolution shalt be effective immediately upon being approved. PASSED AND ADOPTED this 13, day of Dec. , 2010 ATTEST: APPROVED: CITY CLERK 'MAYOR READ AN APPROVED AS TO FORM AND F CIENCY: ATTORNEY Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer. Yea Commissioner Beasley: Yea Commissioner Harris: Yea Resolution Number # R- 1222 -07•. R 1127.08 R- 914.09• R- 1234 -09• and R- 111 -10 Duns Number #024628976 Awarded Amount $1.207.374 Combined FY 2008, 2009 & 2010 CDBG 2010 COMMUNITY DEVELOPMENT BLOCK GRANT Municipaliiiy CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI This Agreement (hereinafter referred to as "Agreement' or "Contract"), by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of South Miami, hereinafter referred to as " Awardee" and having offices at 6130 Sunset Drive South Miami Florida 33143 and telephone number of (305) 663 - 63455, states conditions and covenants for the rendering of Community, Economic or Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of Housing and Community Development hereinafter referred to as "DHCD," and having its principal offices at 701 N.W. 1 Court, 141' Floor, Miami, Florida 33136, collectively referred to as the "Parties." This Agreement governs FY 2008, FY 2009 and FY 2010 Community Development Block Grant ( "CDBG ") funds and supersedes any and all prior FY 2009 and FY 2010 CDBG contracts and amendments between the Parties. WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the Miami -Dade County Mayor, and WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable urban communities. WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an ability to provide these activities; and WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous of providing such activities; and WHEREAS, the County has appropriated $1,207,374 of CDBG funds to the Activity Murray Park Aquatic Center ,(to Include Swimming Pool) — Construction Phase I located_ at 5800 SW 66th Street, South Miami, Florida 33143. All CDBG funds, except those awarded to County Departments and Municipalities, will be awarded in the form of a loan that Is forgivable if the national objective Is met pursuant to the terms and conditions set forth herein, including but not limited to Section W(2)(a)(1) -(2). WHEREAS, the Awardee shall carry out the activities specified in Attachment A, "Scope of Services ", in Miami -Dade County or the focus area(s) of the county. follows; NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as I. DEFINITIONS DHCD Department of Housing and Community Development or its successor Department. 24 CFR Part 570 — CDBG Federal regulations Implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant. Community Development A local agency that is organized to meet community development Corporation needs with particular emphasis on the economic development, housing and revitalization needs of low- and moderate - income area residents and which Is receptive to the needs expressed by the community. Local Having headquarters in Miami -Dade County or having a place of business located in Miami -Dade County from which the Contract or Subcontract will be performed. .0 Low - and Moderate- Income A person or family whose annual income does not exceed 80% Individual or Family of the median Income for the area, as determined by HUD with adjustments for smaller and larger families and with certain - exceptions as provided in 24 CFR Part 570. Very Low Income Individual or A person or family whose annual income does not exceed 50% Family of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Contract Records or Agreement Any and all books, records, documents, information, data, Records papers, letters, materials, electronic storage d" and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor In carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings; maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County. Property The real property as descibed by legal description in any loan documents executed between Awardee and the County and any real property of Awardee or Related or Affiliated Entities (as defined herein) acquired or improved upon with funds awarded pursuant to this Agreement or on which funds awarded pursuant to this Agreement are anticipated to be used. Subcontractor or Subconsultant 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 "Al) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardes. It. THE AWARDEE AGREES: A. The Awardee shall cant' out the activities specified in Attachment A, "Scope of Services," which is Incorporated herein and attached hereto, in the County or the focus area(s) of the County. S. Insurance Requirements Upon DHCD's notification, the Awardee shall fumish to the Departments Community and Economic Development Division (CEDD), 704 N.W. 1 Court, 14th floor, Miami, Florida 33136, relevant certificates) of Insurance evidencing insurance coverage as detailed in the Scope of Service (Attachment A). The effective coverage start date of applicable insurances shall not be later than the date *f the Agreement execution and shall be approved by Miami -Dade County's GSA Risk Management Division prior to any reimbursement being processed. All certificates and insurance updates must Identify the names of the Awardee and the Activity being funded through this Agreement. The Awardee shall provide Builder's Risk Insurance and /or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. 1 � Any changes to the required insurance policies, including coverage renewals, must be submitted to DHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in these requirements within sixty (80) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the Agreement- C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the Agreement period, including any and all option years, if applicable. in the case of construction and major rehabilitation acfnrities, the Awardee must have the coverage cited in Attachment B -1 of this Agreement at the time that it begins construction on the project. If the insurance certificates are scheduled to expire during the Agreement period, the Awardee shall be responsible for submitting new or renewed Insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period, the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty (30) calendar days. if such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of the Agreement by the County and commencement of the contracted services, the Awardee shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained throughout the term of the Agreement. D. indemnification The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The Awardee shall Indemnify and hold harmless the County and its officers, employees, agents and Instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or Instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature In the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Awardee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign immunity by the County nor shall anything herein be construed as consent by the County to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. National Objective In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to Low and Moderate income Persons or Households (LMI). (See Attachment B -2). Awardee shall execute and deliver to the County, simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee fails to meet the national objective. Awardee understands that the County may be liable to the United States Department of Housing and Urban Development ("HUD') for repayment of the federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT TO THiS AGREEMENT AND /OR THE PROMISSORY NOTE, tN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATiONAL OBJECTIVE. The County shall have all rights and remedies In law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. Documents and Reporting Requirements The Awardee shall submit documents to DHCD or report on relevant information to DHCD as described below or any provide any other documents in whatever form, manner, or frequency- as prescribed by DHCD. These will be used for monitoring progress, performance, and compliance with this Agreement and for compliance with applicable County and Federal requirements. 1. Certificates of Insurance The original to be received by DHCD within the first month of this Agreement period, and submitted with each payment request, including any renewals, prior to payments made by the County. The effective date of the coverage must coincide with the beginning date of this agreement. a. Worker's Compensation Insurance for all employees of the Awardee as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis In an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County/DHCD must be shown as an additional insured with respect to this coverage. The mailing address of the Department of Housing and Community Development, as the certificate holder, must appear on the certificate of Insurance. c. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles used In connection with the Services, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. d. Professional Liability insurance in an amount not less than $ LA with a deductible per claim not to exceed ten percent (10°/6) of the limit of liability. 2. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report," as it may be revised by DHCD, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A and Attachment A -1. The Awardee shall ensure that DHCD receives each report in triplicate (or as indicated) no later than April 10, 2010, July 10, 2010, October 9, 2010 and January 8, 2011. . Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsuitants are utilized to fulfill the terns and conditions of this Agreement, Miami -Dade County Resolution No. 1634.93 will apply to this Agreement. This resolution requires the selected Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to DHCD a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and /or delays encountered during the implementation of the project and an unduplicated .count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low - moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as Indicated in the approved Scope of Services, must be addressed as part of this report. Section 11- 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 shalt report on Program income Usage for each contracted activity, Section IIi -Contract and Subcontract Activity Report: Contract and Subcontract Activity Report (First and Third Quarter Progress Report) - The Awardee shall report to DHCD the number of business activities involving minority vendors, Including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to DHCD no later than April 10, 2010 and October 9, 2010. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to DHCD the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to DHCD no later than Aprll 10, 2010 and October 9, 2010. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shalt 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. 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 11, Paragraph FA. of this Agreement. Copies of the above described Progress Report shalt 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 11, Paragraph F.2.a and Paragraph F.3. 3. Annual* Report (Fourth Quarter Progress Report)-The Awardee shall submit a cumulative status report (hereinafter referred• to as "Annual Report"j using the "Progress Report" specified In Section II, Paragraph F2.a. above, which shall describe the progress made by the Awardee in achieving each of the National Objectives Identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2010 through December 31, 2010 and shall be received by DHCD no later than January 6, 2011. 4. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall submit Information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared. The Environmental Review is to be prepared on Information contained in Attachment D, "Information for Environmental Review Form." 5. Audit Report - The Awardee shalt submit to DHCD an annual audit report in triplicate as required by Section 11, Paragraph l- of this Agreement, as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 8426, Part 85.26 and OMB A-133. 6. Personnel Polices and Administrative Procedures - The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. Such Information shall be submitted to DHCD within 30 days of the execution of this Agreement. 7. Inventory Report - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section 11, Paragraph W of this Agreement. 8. Affirmative Action Plan - The Awardee shall report to DHCD information relative to the equality of employment opportunities whenever so requested by DHCD. 9. Disclosure of Related or Affiliated Parties At the time of contract execution, or at any other time at the request of the County, Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations, partnerships, or other business entities (a) which have a direct or indirect ownership Interest in Awardee, (b) which have a parent or principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose members appointed by Awardee, or (d) which the County deems in its sole discretion to be a Related or Affiliated Party of Awardee. The Awardee shall report this information to the County upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report. This provision shall be construed broadly to the benefit of the County. Non - compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through DHCD for a period of three years. 10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal Property Awardee shall notify the County in writing within ten (10) days of the occurrence of any of the following as to Awardee or any Related or Affiliated Parties: a. Any anticipated or pending Hs pendens, foreclosure action, arrearage, defauI4 late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debtor obligation for which the Property Is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. e. Any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement. Failure to comply with these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available at law, equity and pursuant to this Agreement. G. Lobbying Prohibition 1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering Into of any cooperative Agreement, and the extenslon, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 2. The Awardee shall disclose to DHCD If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an• employee of a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard FormLLL, "Disclosure Form to Report Lobbying;' in accordance with its instructions. 3. The Awardee shall ensure that the language in this Section 11, Paragraph GA. and G2 be included in the award documents for all subawards at all Oars (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. H. Federal, State, and County Laws and Regulatons The Awardee agrees to abide by Chapter Il -A, Code of Miami -Dade County ("County Code'), as amended, applicable to non - discrimination in employment, housing and public accommodation. Rules, Regulations and Licensing Requirements The Awardee shalt 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 irr 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 Usabififies Act of 1990 and implementing regulations, the Rehbbifitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with OMB A -122, OMB A -110, OMB A-21, OMB A -133, and with the applicable procedures specified In DHCUs 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; Tale V1 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 Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A 60 et seq, of the Miami -Dade County Code, which requires an employer, who In the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this kx:al law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Awardee. 3. if the amount payable to the Awardee pursuant to the terms of this Agreement is in excess of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1867 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 3251), 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 604 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. Practices (Ordinance #98-301 - All firms with annual gross revenues in .excess of $6 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on fie 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 Hoard, 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 Courit}is 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 entitles 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 roust dearly state so in their bid/proposal. Any bidderlrespondent 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 County, a firm desiring to do business with the County shall, as a condition of award, certify that it is in compliance with the Domestic leave Ordinance, 99 -5 and Section 11A 60 of the Miami -Dade County Code. This Ordinance applies to employers that have, in the regular course of business, fifty (60) or more employees working in Wami 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 8:185 -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 shah adopt a Code of Business Ethics ( "Code") and shall submit an affidavit stating that the Awardee has adopted a Code that co_mpfies with the requirements of Section 2 -81(i) of the Miami -Dade County Code (Form A -12). Section 2- 11.1(d) of Miami -Dade County Code as amended by Ordinance 00-1, also requires any county employee or any member of the employee's immediate family who has a controlling financial interest, direct or Indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or Indirect, with Miami -Dade County or any person or agency acting for Mlami-Dade County and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional Information, please contact the Ethics Commission hotline at (305) 579-9093. 9. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity In excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this Agreement shall be terminated on the discretion of Miami - Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami -Dade County shall have the right to terminate this agreement 10. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94.34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering Into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with Awardee. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Mlami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit 16. Collusion Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not In violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327,42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 Including Title 1, Employment; Title ii, Public Services; Title iII, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. in addition to the requirements in the Agreement, the Awardee / Department agrees to comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570, Subpart K, including the following: Public Law 88 -352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. Section 109 of the Housing and Community Development Act. Labor standards. Environmental standards. National Flood insurance Program. Uniformed Relocation Act. Employment and contracting opportunities, Lead -based paint regulations. Eligibility of contractors or sub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 11. National Objective Awardee must achieve the following national objective, To benefit low -and moderate - income persons; 10 1. For activities designed to meet the national objective of benefit to low -and moderate - income persons, the Awardee shall ensure and maintain documentation, acceptable to DHCD In its sole discretion, that conclusively demonstrates that each activity assisted in whole or in part wish CDBG funds Is an activity which provides benefit to persons where no less than 51 % of of those benefitted are low -and moderate- Income persons. 2. The Awardee shall comply with. all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 0). 3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606(4) 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, rehabiiitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, Immediately after a site is identified by the Awardee, DHCUs written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Awardee shall cooperate with DHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, DHCD, or the County. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with DHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, DHCD, or the County. 7. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Community Outreach and Real Estate Section of DHCD prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a tong 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 588 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures It used to comply with the requirements specified in Public Law 88 -352 and Public Law 90-284 successfully meet these requirements. The Awardee shall submit to DHCD its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 8. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and DHCD will have the right to monitor the activity. 9. The Awardee shall comply with ail applicable uniform administrative requirements as described in 24 CFR 570.502 Conflicts with Applicable Laws If any provision of this Agreement conflicts with any applicable law or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification Is impossible. However, the obligations under this Agreement, as modified. shall continue and all other provisions of this Agreement shall remain in full force and effect The County's determination on whether a provision conflicts shall be final and binding. J. Board of Directors If the Awardee is a Community Development Corporation (CDC), DHCD shall have the option to appoint a representative to the Awardee's board of directors. This representative shall not be considered in the counting of a quorum and shall have no voting privileges. K Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the DHCD representative noted in Section IV, Paragraph M of this Agreement, prior to taking any action, to schedule a meeting to receive compliance Information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures -which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti-Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable. 4. Submit to DHCD for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to DHCD all construction plans and specifications and receive DHCD's approval prior to implementation. ti. Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a pre - construction conference. In accordance with industry standards, DHCD will hold ter. percent (10 %) of the total grant award as a retainer until the construction work is determined by DHCD, In its sole discretion, to be seventy -five percent (75 %) completed, At the time that the construction work is determined by DHCD to be seventy-five percent complete, the retainer will be reduced to 5°!o until the work is completed, Completion shall occur when a- Certificate of Occupancy is issued. 7. The County shalt have the -right to assign the Professional Services and Technical Assistance (PSTA) Unit 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 PSTA. 12 Execute and record, at the County's request, any of the following documents In order to ensure the Property is used as defined and described in Attachment A of this Agreement: a. Promissory Note b. Mortgage Q Loan Agreement d' Restrictive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of leases, rents and Contract Rights g. UCC-1 Rider h, Title Insurance Policy Audits and Records Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance With OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $500,000 In combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting Industry standards by communicating an independent accountants (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non - expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). When the requirements of OMB A -133 apply, an audit shall be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee. Each audit shall include a fiscal review, which Includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A-133. A copy of the audit report in triplicate must be received by DHCD no later than six months following the end of the Awardee's fiscal year. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A- 133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on the basis of the period during which DHCD- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this Agreement, A copy of the audit report in triplicate must be received by DHCD no later than six months following each audit period. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and property reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement 6. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this Agreement. 13 7. The Awardee shall ensure that The Contract Records shall be at all tunes 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. B. The Awardee shall include in all DHCD approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described 'in this Agreement and defined by DHCD, each of the record - keeping and audit requirements detailed in this Agreement DHCD shalt, In its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above. 9. The County reserves the right to require the Awardee to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to this Agreement and upon request make them available to the County for 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. 10. The Awardee shall ensure that its auditors share their audit results with must submit the audit report to DHCD within six months after the conclusion of the audit period. 11. Pursuant to County Ordinance No. 03-2, the Awardee will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Awardee agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allow ability and aliocabiiity of costs. M. Protected Records and Documents Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of °individually ldenfifiabte Health Information (IIHI) and/or Protected Health Information (PHi) shall comply with the Health insurance Portability and Accountability Act (HiPAA) of 1996 and the Mtaml-Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: 1. Use of Information only for performing services required by the Agreement or as required by law; 2 Use of appropriate safeguards to prevent non - permitted disclosures; 3. Reporting to Miami -Dade County of any non - permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that IiHI /PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making Internal practices, books and records related to PHI available to Miami - Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Contractor must give its customers written notice 14 of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. N. Retention of Records 1. The Awardee shall retain all Contract Records for a per'od of at least five (5) years (hereinafter referred to as "Retention Period') subject to the limitations set forth below: a. For all non -CDBG assisted activities, the Retention Period shall begin upon the expiration or termination of this Agreement. b. For CDBG assisted public service activities, the Retention Period shall begin upon the date of U.S. HUD's acceptance of DHCD's annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity, the Awardee must retain all Agreement records except those relating to real and nonexpendable personal property. C. For all other CDBG assisted activities, the Retention Period shall begin upon U.S. HUD's acceptance of DHCD's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section 11, Paragraph L.l.c., the Awardee must retain all Agreement records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention period for all Agreement records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of DHCD, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the Agreement records during the required Retention Period. 4. The Awardee shall notify DHCD in writing, both during the pendency of this Agreement and after its expiration as part of the final closeout procedure, of the address where all Agreement records will be retained. 5. The Awardee shall obtain written approval of DHCD'prlor to disposing of any Agreement records within one year after expiration of the Retention Period. Provision of Records and Proprietary Rights and Information 7. The Awardee shall provide to DHCD, upon request, all Agreement records. These records shall become the property of DHCD without restriction, reservation, or limitation of their use. DHCD shall have unlimited rights to all books, articles, or, other copyrightable materials developed for the purpose of this Agreement. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or Is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to DHCD immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. Proprietary information As a political subdivision of the State of Florida, Miami -Dade County is subject to the stipulations of Florida's Public Records Law. 15 The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary Information from disclosure or unauthorized use and may also constitute or contain Information or materials which the County has--developed at Its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement, the Awardee will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, any computer programs, data compilations, or other software which the County has developed, has used or Is using, is holding for use, or which are otherwise in the possession of the County (hereinafter "Computer Software'. AR third -party license agreements must also be honored by the Awardees and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof. This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Awardee will report to the County any information discovered or which is disclosed to the Awardee which may relate to the Improper use, publication, disclosure or removal from the County's property of any information technology software and hardware and will take such steps as are within the Awardees authority to prevent improper use, disclosure or removal. 3. proprietary Rights a) The Awardee hereby acknowledges and agrees that the County retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and/or created by the Awardee for delivery -to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Awardee as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement The Awardee shall not without the prior miritten consent of the County, use such documentation on any other project in which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes In connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works" shall become the property of the County. c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to ail Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, Irrevocable and unrestricted right and license to use, duplicate, disclose and /or permit any other person(s) or entity(ies) to use all such licensed Software and the associated specifications, technical data and other Documentation for the operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by 16 or become afflated with the County. Such license specifically includes, but is not limited to, the right of the County to use and/or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and /or all of the Deliverables provided Hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such License Software, .specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be -void and of no effect Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Awardee or third parties.The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami -Dade County Inspectors General Review According to Section 2 -1076 of the Code of Miami -Dade County, as amended, Miar&Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all Country contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (114) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. ExcenFion 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; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) 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 Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and In compliance with plans, specifications and applicable law. Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained by the Inspector General, the Awardee shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records In the Awardee's possession* custody or control which, in the Inspector General or IPS1G's sole judgment, pertain to performance of the Agreement, including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, proposal and Agreement documents, back - charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 17 independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order 3-20, the AAordee is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG"), whenever the County deems It appropriate to do so. Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for Inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved. by the County, be Inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained In this provision shall impair any Independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee In connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditpr_A_ ccess to Records Pursuant to Ordinance No. 03-2. Awardee shall grant access to the Commission Auditor to ail financial and performance related records, property, and equipment purchased In whole or in part with government funds, including funds awarded tp Awardee pursuant to this Agreement. Q. Prior Approval The Awardee shall obtain written approval from DHCD prior to undertaking any of the following: 1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein CDBG funds will be used to pay for goods- or services. The Awardee must submit all proposed agreement documents to DHCD at least thirty (30) days prior to the start date of the agreement. DHCD shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by DHCD of such agreement or subcontract. 2. The addition of any positions not specifically listed In the approved budget. 3. The modification or addition of all job descriptions for existing staff. 4. The purchase of all nonexpendable personal property not specifically fisted in the approved budget. 6. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 11, Paragraph W.1. of this Agreement. 6. Out-of -town travel not specifically listed in the approved budget. 7. The disposition of Program Income not specifically listed in the approved Program Income budget 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section 11, Paragraph K of this Agreement 9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this Agreement 10. In the event the Awardee wishes to substitute personnel for the key personnel identified by the Awardee's Proposal, the Awardee must notify the County in writing and request' written approval for the substitution at least ten (10) business days prior to effecting such substitution. R. Monitoring The Awardee shall permit DHCD and other persons duly authorized by DHCD to inspect all Agreement records, facilities, equipment, .materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, DHCD will deliver to the Awardee a report of its findings, and the Awardee 18 will rectify ail deficiencies cited by DHCD within the specified period of time set forth in the report, or provide DHCD with a. reasonable justification for not correcting the deficiencies. DHCD will determine, in its sole and absolute discretion, whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by DHCD in its report. S. Conflict of interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CPR 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 certifies and represents that no officer, director, employee, agent, or other consultant of the County or a member of the Immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. The Awardee shall abide and be governed by Miami -Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in connection with its Agreement obligations hereunder. The Awardee shall disclose any possible conflicts of Interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render an opinion which shall be binding on all parties. The Awardee shall submit to DHCD, within five business days of execution this Agreement, all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: D Original Agreement or its subsequent amendments. ➢ Requests for budget revisions. Requests for approval of subcontracts. Non - compliance with the above requirements will be considered a breach of Agreement, which will result in the Immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through DHCD for a period of three years. a) Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement. This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid: is interested on behalf of or through the Awardee directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the Awardee's knowledge any subcontractor or supplier to the Awardee. b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or 19 affiliate of the Awardee shall have an interest which is in conflict with the Awardee's fWthU performance of its ohligation under this Agreement; provided that the County, In its sole discretion, may consent in writing to such a relationship, provided fl--e Awardee provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. C) The provisions of this Article are supplemental to, not In lieu of, an applicable taws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shalt apply. d) in the event Awardee has no prior knowledge of a conflict of Interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Awardee shalt promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. Intentionally Left Blank 20 U. Publicity, Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Acctivities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development (US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Awardee shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten (10) days prior to the activity or event. When the Awardee obtains) the building permit(s), the CEDD Project Manager at the Department, must be notified in order to request the project sign from Miami -Dade County General Services Adm €nistration (GSA). Within thirty (30) days of the erection of the sign, the CEDD Project Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or Certificate of Completion (CC). NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED iN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this Agreement from minority and women's businesses, and to provide these sources the - maximum feasible opportunity to compete for subcontracts to be procured pursuant to this Agreement. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by DHCD in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low- income residents from Community Development Target and Service Areas be provided with opportunities for employment and training In contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below. 1. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (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 Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 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, shalt set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and 2€ location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Awardee agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Awardee Will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in.24 CFR part 135. 5. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed In connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 4506) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible 0) preference and opportunities for training and employment shalt be given to Indians, and (11) preference In the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance wish section 7(b). 8. Fair Subcontracting Policies (Ordinance 97-M All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordnance 97 -36 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 /pr6posai; 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. Ail Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see Attachment G). The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property Definitions Property. As defined on page 2 herein. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. Personal Property: Personal property of any kind except real property. 22 1) Tangible: All personal property having physical existence. 2) intangible: All personal property having no physical existence such as patents, Inventions, and copyrights. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $750 or more per item, with a normal expected life of one or more years, not fixed in place, and riot an integral part of a structure, facility or another piece of equipment. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved by Awardee or DHCD in whole or in part with CDBG funds received from DHCD in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined by DHCD in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. in the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Agreement or such longer period as determined by DHCD, the Awardee shall, in the sole discretion of DHCD, either pay to DHCD an amount equal to the market value of the property as may be determined by DHCD in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property or transfer the property to DHCD at no cost to DHCD. Reimbursement is not required after the period of time specified in Paragraph W.2.a.11., above. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from DHCD for $25,000 or less shall be disposed of, at the expiration or termination of this Agreement, in accordance with instructions from DHCD. All real property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD, or transferred to the Awardee after being Purchased in whole or in part with funds from DHCD, shall be listed in the property records of the Awardee and shalt 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 wilt 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. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with DHCD within '180 days after the execution of this agreement Failure to comply with this requirement may result in the retraction of the CDBG award for.the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to DHCD. This report shall include the elements listed in Paragraph W.2.c., above. 23 Nothing in this section shall be construed to limit the County's right to collect from Awardee the entire amount of CDBG funds awarded pursuant to this Agreement In the event Awardee fails to meet a national objective. 3. Inventory - Capital Equipment and Real Property All capital items acquired for the project by the Awardee with funds allocated in this Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to the County. A capital item small be defined as an item that: (1) has a service life in excess of one year, (2) Is either complete within itself or Is a major component of another Item of property; (3) by definition cannot be described either as supplies or materials; (4) will not be consumed or lose its identify; and (5) has a unit cost of $500 or more. Awardee shall notify the County Immediately upon acquiring any capital items with funds allocated in this Agreement The County shall allow the Awardee to retain possession of capital equipment after expiration of this Agreement as long as the Awardee continues to provide the service described in the Scope of Services (Attachment A). If the Awardee disbands, becomes defunct or in any way ceases to exist or if the Awardee ceases to provide the service described in the Scope of Services or another service of value, Awardee shall notify the County immediately and provide instructions describing how the County may take possession of the capital equipment. Awardee shall deliver to the County all documents of title or ownership and shall transfer or assign such ownership rights to the County. Foreclosure of the County mortgage or enforcement of other documents shall not be required in order for the County to claim and take possession of capital equipment. 4. The Awardee shall comply with the nonexpendable personal property requirements as stated below. a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be listed In the property records of the Awardee and shall include a description of the property; location; model number, manufacturer's serial number, date of acquisition; funding source; unit cost at the time of acquisition; present market value; property Inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be inventoried annually by the Awardee and an Inventory report shall be submitted to DHCD. The inventory report shall include the elements listed in Paragraph W.3.a., above. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest In the County and DHCD. The Awardee shall obtain prior written approval from DHCD for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all such property in accordance with instructions from DHCD. Those instructions may require the return of all such property to DHCD. X. Program Income Program Income as defined in 24 CFR Part 574.500 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When Program Income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use Program Income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules, or any County rules orordinance. 24 a. The Awardee shalt comply with the Program Income provisions in DHGlYs Contract Compliance Manual. If any Program Income provisions of the Contract Compliance Manual conflict with any Program Income provisions of this Agreement, the provisions of this Agreement shall rule. b. The Awardee shall report to DHCD all cumulative Program Income generated from activities financed in whole or in part by funds from this Agreement, for as tong as it receives and/or has control over Program Income generated from this and any previous Agreements with .DHCD. This Information, along with a check C. if the Awardee requests to use Program Income, the Awardee shall provide to DHCD a written explanation of the activities to be assisted with Program income and shall obtain DHCD's written approval prior to implementing those activities. All provisions of this Agreement shall apply to any activity performed using Program Income. d. Subject to the limitations set forth in this Agreement, the Awardee may use Program Income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et.seq. e. Program Income from a revolving loan activity must be used only for the same revolving loan activity. f. Program Income from a revolving loan activity, such as loan repayments, Interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan - related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. g. All Program Income from nonrevolving loan activities shall be substantially disbursed to carry out other DHCD approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. h. Any proceeds from the sale of property as detailed in Section It, Paragraph WA., above, shall be considered Program Income. i. The Awardee shall obtain, as part of the required audit report, vaWation by a certified auditor of all program generated income and. its disposition. 3. Upon expiration or termination of this Agreement or at the end of any program year, the Awardee shall transfer' to the County any Program Income funds on hand, and any Program Income accounts receivable to any CDBG funded activities. DHCD may require remittance of all or part of any Program Income balances (including investments thereof) held by the Awardee (except those needed for immediate cash .needs, cash balances of revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). 4. DHCD, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of Program Income generated by the Awardee, and such action shall not require an amendment to this Agreement. Y. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of DHCD's Contract Compliance Manual. Z Subcontracts and Assignments. Unless othennrise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without 25 the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1WA -93, Section 10-34 of the County Code and Section 2-8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at Iittps.11www:ei�is.aov/ Awardee shall provide to DHCD a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami -Dade County's debarred Contractor's List; Awardee shall, at a minimum, check at http: l/ www. miamidade .ciov /sbalml?orts- debarment.asa to determine if a person or entity is on Miaml-Dade County's debarred contractor's list. Awardee shall provide DHCD with a printout copy of the site page that indicates the name and the date tt was checked. b. Comply with all CDBG requirements, as applicable, as well as the regulations specified in DHCD's Contract Compliance Manual. c. Identify the full, correct, and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all appliicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or DHCD deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine when services are eligible substaiittve programmatic services and subject to the audit and record - keeping requirements described above, and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and- a copy of which submitted to DHCD. In such circumstances that open, competitive bids are not feasible or that a minimum of three bids are unobtainable, permission to use other methods of award must be requested in writing and approved by DHCD prior to the assignment or award of subcontract. The Awardee agrees that no assignment or sub - contract will be made or let in connection with the Agreement without the prior written approval of DHCD, which approval shall not be unreasonably withheld, and that all such sub - contractors or assignees shall be governed by the terms and Intent of this Agreement. g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." h. Include language stating that the Subcontractor understands and agrees that the County is not a party to the subcontract and has no obligation to the subcontractor. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Awardee and Its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services famished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 26 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 goats and objectives indicated in the attached Scope of Services. 4. The Awardee shall receive from DHCD written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic actnrities as may be determined by DHCD as described in this Agreement. DHCD's approval shall be obtained prior to the release of any funds to the subcontractor. 5. The Awardee shall receive written approval from DHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement 6. Approval by DHCD of any subcontract or assignment shall not under any circumstance be deemed to provide for the Incurrence of any obligation by DHCD in excess of the total dollar amount agreed upon In this Agreement 7. if the subcontract involves $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 (Attachment H). 8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list (Attachment H) without prior written approval from DHCD. 9. The Awardee shall not hire any of the Awardee's .staff members or employees as subcontractors. AA. Additional Funding The Awardee shall notify DHCD of any additional funding received for any activity described in this Agreement. Such notification shall be in writing and received by DHCD within thirty (30) days of the Awardee's notification by the funding source. BB. Method of Payment The Awardee shall be paid as described below: 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to DHCD adequate proof, as determined by DHCD in Its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to DHCD canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to DHCD. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this Agreement as it may be revised with the prior written approval by DHCD. 2. Requests for payment (reimbursement) shall be assembled by calendar month and submitted to DHCD no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to DHCD, along with all original invoices, copies of front and back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from aill subcontractorsand suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. 27 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by DHCD of all reports and documents which the Awardee is required to submit to DHCD pursuant to the terms of this Agreement or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services. Payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified In the scope of services portion of this agreement — Attachment A, which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this Agreement, Such evidence must be on cite with DHCD and the County's Risk Management Division. DHCD must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this Agreement. if the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payment(s) if DHCD, in its sole discretion, so chooses. 7. All monies paid to the Awardee which have not been used to retire outstanding obligations of this Agreement must be refunded to DHCD In accordance with DHCD's Contract Compliance Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, Its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or jo €nt venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. CC. Reversion of Assets The Awardee shall return to DHCD, upon the expiration or termination of this Agreement, all assets owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to DHCD of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, Including but not limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as required by the County to effectuate the reversion of assets. DD. Restriction on the Use of Funds The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be used for: Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of Its agents, instrumentalities, employees or officials. The Awardee shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, .employees or officials. 2. Religious Purposes. County funds shall'not be used for religious purposes. 28 Comrriingfiing Funds, The Awardee shah not commingle funds provided under this Agreement with funds received from any other funding sources, but may be included in a Development Bank Account permitted by the first mortgage lender at the discretion of the County. Ill. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed $1.207.374. THE AWARDEE AND DHCD AGREE: A. Effective Date 1. This Agreement shall begin on January 1. 2010. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This Agreement shall expire on December 31, 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 be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this Agreement. 3. This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shaft have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph Y, or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. 4. Management Evaluation and Performance Review The Department may conduct a formal management evaluation and performance review of the Awardee, if in the Department's sole discretion it is deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices. The performance review should reflect the quality of service provided and the value received using monitoring data, such as progress reports, site visits, and client surveys. B. Default or Breach The Awardee shall be in default or breach of this Agreement if any of the following acts, omissions or conditions occur: a. The Awardee fails to fulfill each and every provision of this Agreement and the Attachments and fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement. b. Awardee fails to disclose all Related or Affiliated Parties and all matters required to be disclosed as to Related or Affiliated Parties to the County as requiied herein. C. Filing of a lis pendens, foreclosure action, or other legal action against the Property, any property of Awardee or Related or Affiliated Party, or against Awardee or Related or Affiliated Party which the County determines, in its sole discretion, threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d. Any arrearage, default, or late payment on any loan, Note or other debt or obligation for which the Property is security or regarding any property of 29 Awardee or Related or Affiliated Party, including properties not related to this Agreement. e Any legal encumbrance on the Property not permitted in writing by the County. f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. g. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee falls to report to the County within ten (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a trustee or receiver, Us pendens, .forectosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. 1. Failure to comply strictly with Section W(2)(a)(1) -(2) of this Agreement. C. Suspension 1. The County may suspend payment in whole or in part under this Contract by providing written notice to the Awardee of such suspension and specifying the effective date thereof, at least ten (10) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Awardee as conditions precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or In part under any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for all direct and Indirect costs associated with such suspension, including attorney's fees. Reasonable cause shall be determined by DHCD, In its sole and absolute discretion, and may include, but is not limited to: a. ineffective or improper use of these Agreement funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to materially comply with any term or provision of this Agreement* C. Failure by the Awardee to submit any documents required by this Agreement; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, DHCD may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this Agreement. 3. DHCD will notify the Awardee of the type of action to be taken In writing by certified mail, return receipt requested, or In person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). D. Termination 1. Termination at Will This Agreement, in whole or in. part, may be terminated by DHCD upon no less than ten (10) 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. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Awardee with County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Awardee under this Agreement; and /or (c) terminate or cancel any other Agreements entered into between the County and the Awardee. The 30 Awardee shag be responsible for all direct and indirect costs associated with such termination, including attorney's fees. 2. Termination for Convenience DHCD may terminate this Agreement, in whole part, when moth parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. DHCD, at its sole discretion, reserves the right to terminate this Agreement without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional costs under this Agreement. 3. Termination Because of Lack of Funds In the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this Agreement become unavailable, DHCD may terminate this Agreement upon no less than twenty -four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. DHCD shall be the final authority to determine whether or not funds are available. DHCD may at its discretion terminate, renegotiate and /or adjustihe Agreement 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 Default or Breach DHCD may terminate this Agreement upon no less than twenty -four (24) hours written notification to the Awardee for breach or default. 6. Termination for Failure to Make Sufficient Progress. DHCD may terminate this Agreement, in whole or in part, when DHCD determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering ultimate Agreement performance, or is not materially complying with any term or provision of this Agreement, DHCD may treat such failure to comply as a repudiation of this Agreement; Termination for Bankruptcy The County reserves the right to terminate this Agreement, if, during the term of any Agreement the Awardee has with the County, the Awardee becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Awardee under federal bankruptcy law or any state Insolvency taw. 8. General to Termination and Breach Unless the Awardee's breach is waived by the County in writing, the County may, by written notice to the Awardee, terminate this Agreement upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions herein do not limit the County's right to legal or equitable 31 remedies. The County may resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. in the event the County shall terminate this Agreement for default or .breach, the County or its designated representatives, may Immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 9. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1. any Individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shalt have its Agreement with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other Agreements which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. E. Other Remedies In addition to other provisions set forth herein, in the event of default by the Awardee, the County shall have the right to exercise any and all of the following remedies: 1. Awardee shall be liable for all damages, including but not limited to: a. lost revenues; b. the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for reprocurement of Services, including procurement and administrative costs, and c. such other direct damages. 2. The Awardee shag remain liable for any liabilities and claims related to the Awardee's performance of this Agreement or any breach or default, notwithstanding the expiration or termination of this Agreement. 3. Seek enforcement of this Agreement including but not limited to firing an action with a court of appropriate jurisdiction. The Awardee shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees. 4. Debar the Awardee from future County contracting. 5. Any other remedy available at law or equity. Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the County for damages sustained by the County by. virtue of any breach of the Agreement, and the County may withhold any payments to the Awardee until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Awardee shag be responsible for all direct and indirect costs associated with such action, including attorney's fees. Payment Settlement. if termination occurs for reasons other than breach or default, Awardee shall be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination. DHCD shall be the sole judge of "reasonable, allowable costs." All compensation pursuant to this Article is subject to an audit. 32 Renegotiation, Modification and Right to Waive ?. Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if DHCD determines, in Its sole and absolute discretion, that federal, state, and/or County revisions of any applicable laws or .regulations, or increases or decreases in budget allocations make changes In this Agreement necessary. DHCD shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and /or County revisions of any applicable laws or regulations, or increases in budget allocations. 2. The County shall have the right to exercise an option to extend this Agreement for up to one year beyond the current Agreement period and will notify the Awardee(s) in writing of the extension. This Agreement may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Department of Housing and Community Development. 3. DHCD may, for good and sufficient cause, as determined by DHCD In its sole and absolute discretion, waive provisions In this Agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be In writing. Any waiver shall not be construed to be a modification of this Agreement. 4. DHCD's failure to exercise any of its rights under this Agreement, or DHCUs waiver of a provision on any one occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by DHCD in the exercise of any right shall operate as a waiver. G. Budget Revisions and Changes to the CDBG Eligibility Activity Title 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 Agreement amendment unless the amount of this Agreement is changed or unless otherwise required by DHCD. Ali budget revisions shall require the written approval of DHCD. DHCD shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by DHCD no later than 5 working days of the action; written notification will constitute a Agreement amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, DHCD will revise the budget at its discretion. DHCD in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required, will be negotiated to the mutual satisfaction of both parties. Revisions to the CDBG eligibility activity titles under which this Agreements objectives are classified as noted in the Scope of Services shall not require a Agreement amendment. H. Compliance This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shag have no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and County laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. 33 Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this Agreement. Disputes In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the questions, including the views of all interested parties and the recommendation of DHCD, to the County Manager for determination. The County Manager, or an authorized representative, will Issue a determination within thirty (30) calendar days of receipt and so advise DHCD and the Awardee, or in the event additional time is necessary, DHCD will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. J. Headings The section and paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. K Minority Participation In order to gain greater Black business participation, the Awardee may submit its Agreements to the County Manager for bidding and award in accordance with County policies and procedures. L. Proceedings This Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties, in any manner pertaining or relating to this Agreement, shall, to the extent permitted by law, be held in Miami -Dade County, Florida. M. Notice and Contact All notices between the Parties shall be in writing and sent by registered or certified mail and addressed as follows: 34 TO AWARDEE: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: HectorMfrabile, City Manager COPY TO: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: Alfredo Riverol, Chief Financial Officer TO COUNTY: Miami -Dade County 111 N. W. 1st Street Miami, Florida 33128 Attn: County Manager COPY TO: Department of dousing and Community Development 701. NW 1st Court. 10 Floor Miami, FL 33136 Attn: Rowena Crawford, Assailant Director COPY TO: Department of Housing and Community Development 701 NW 1st Court, 10 Floor Miami, FL 33136 Attn: Letitia S. Goodson. Project Manager COPY TO: Assistant County Attorney County Attorney's Office 111 N. W. 1 at Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman, Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by efther party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. In the event that any of the information required by the provisions of this Article Is changed by either of the Parties after the execution of this Agreement, the affected Party shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated into this Agreement. N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations. services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontracior or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced In all Instances. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights, title or interest therein, or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. Third Parties fri<7 This agreement is intended for the sole and exclusive benefit of the parties and is not Intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to Indemnify the Courq, 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, shalt survive termination, cancellation or expiration hereof. R. Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and Implies no affiliation between the contracting parties. It is expressly understood and intended that the Awardee is only a recipient of funding support and is not an agent, employee, servant or Instrumentality of the County. The Awardee is, and shall be, In the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. All persons engaged In any of the work or services performed'pursuant to this Agreement Shan at all times, and In all places, be subject to the Awardee's sole direction, supervision and control. The Awardee shall exercise control over the means and manner in which It and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. S. Ail Terms and Conditions Included Conflict This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment B -1 ldemnification and Insurance Requirements; Attachment B -2 — CDBG Program Requirements; Attachment C - Progress Report and Set-Up Forms; Attachment D - Information for Environmental Review; Attachment E — Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage; Attachment G — Fair Subcontracting Policies; Attachment H -- Subcontractor /Supplier Listing) contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Conflict In the event that a conflict arises between any prior funding documents andfor agreements governing this development, the terms, provisions and definitions included in this Agreement shall prevail. in the event that the Subsidy Layering Review (SLR) determines the project's true gap financing needs to be less than the maximum award allocated by the Board of County Commissioners, the SLR amount shall prevail. Any Awardee granted additional funding for a Project, shalt be bound by the terms and conditions of the subsequent funding award. U. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires, 36 Survival The parties acknowledge that arty of the obligations in this Agreement, Including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County cruder this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. W. Corporate Governance A Not- for -Profit Awardee shalt abide by and be governed by Chapter 617, Florida Statutes. particularly Sections 617.0830 through 617.0835 as amended, which- are incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations hereunder. A For - Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes. particularly Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if fully set forth herein in connection with its contractual obligations hereunder. 37 IN WITNESS THEREOF, the parties hereto have caused this Thirty- ht { } page contract to be executed by their undersigned officials as duly authorized, this �o 910 day of 010. AWARDEE: MIAMI -DA E COUNTY City of South Miami NAME: i j Y Rjrojb I jQ NAME: TITLE: Mayor Cry MCA..V rr�te, TITLE: City Manager '— �- _ ♦7 ' + DATE: () 12C. e BY: fE'iy A'16T A o �9 NAME Maria M. Menendez C0 i r$ TIVE! C oa Pof County Commissioners DATE Witnesses: BY: ne) .U9�t l Typ or rint I BY: L& (Signature) A l frcd b P;g. v A Type or Print Name Federal ID Number. 59- 6000431 Resolution #:R- 1222 -07; R- 1127 -08; R- 914 -09; R- 128409; and R -111- 10 Awardee's Fiscal Year Ending Date: September 30th CORPORATE SEAL: L� c o f u... x. -- w AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 38 ATTACHMENT A DEPARTMENT OF HOUSING AND COMMUNITY DE'VELOPIM ENT City of South Miami FY 2010 Scope of Services January 1, 2009 -- December 31, 2011 1. - ACTIVITY TITLE: Murray Park Aquatic Center (to include Swimming Pool) — Construction Phase I IDIS #: 3245 . INDEX CODE: CD534C09CI; CD535C08CI; CD534C09CCI; CD535C08CI; and CD536CIOCI RESOLUTION #: R- 1222 -07; R- 1127 -08; R-914-09; R- 1284 -09; and R- 111 -10 DUNS #: 024628976 ACTIVITY # 20051346 2. - ACTIVITY DESCRIPTION: The commencement of construction of community swimming pool ! aquatic center which is located at Murray Park 5800 S. W. 66th Street, South Miami, FL 33143 in the South Miami NRSA. The project will service no less than 4,000 low /moderate income residents. 2a— Activity Category: Capital Improvement 2b. — Objective: Suitable Living Environment 2e. — Outcome: Sustainability 3. - APPROVED BY BCC: Amount: $1,207,374 Source: CDBG FY: 2008, 2009 &2010 Other Funding Source and Amount: South Miami CRA -5100,000 D11CD — Design Pbase CDBG F Y 2008 $276,000 (Pincludes the reprogramming of the remaining funds ($90,463) from the design phase the project) 4. - TOTAL PROJECT COST: $1492 11 5. - HIM INFORMATION: 5a. — HUD matrix code: 03F 5b. — HUD Activity Type: Parks, Recreational Facilities 5c. — Eligibility 570.201(c) 6. -ACCOMPLISHMENTS: 6a. — Number of Units: 1 6b• —Type: Public Facilities 7. - NATIONAL OBJECTIVE; 570.208(a)(1) LMA Total # of Low/Mod in Service Area: 4,000 Census Tract: 76.03 Block Group: 03 S. - ACTIVITY ADDRESS: 5800 SW 66'h Street South Miami, FL 33143 9. - LOCATION: NRSA: South Miami District: 07 10. - LABOR STANDARD applicable Type of Work: ❑ Building ❑ Residential ❑ Highway ❑ Heavy 11. Set aside units different four total units COMMENTS: PROJECT MANAGER: Letitia S. Goodson PLANNER: APPROVED ATTACHMENT'Ar AGENCY NAME CITY OF SOUTH MIAMI ACTIVITY Murray Park Aquatic Center (to include Swimming Pool - Construction Phase I FUNDING SOURCE CDBG 2009 & CDBG 2010 AMOUNT: $1,207,374 TOTAL ACTIVITIY COSTS. $1,492,911 TOTAL AVAILABLE FUNDING (Matching by City) $100,000 PROPOSED ACCOMPLISHMENT UNITS: People ACCOMPLISHMENT UNITS: 4,000 TYPE People " CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTERLY PROJECTED COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS ENVIRONMENTAL CLEARANCE (DHCD let (2009) APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT x't'ier1 s•. ?L?.�sic ". r• mat ENVIRONMENTAL CLEARANCE (DHCD 2nd (2009) APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT -:i ;vim ..z•:: s_..- ct-s ..stn:q��s'rr a:... IR . *tom` - .__ ..._ _ ro•' ._- L�= �"•a'- �.'''�".':.a...E't_:ti'b�o �w, ..,r.�;3"'i .� f",c .r,....: � �;.. . :a�•cYS�.': `� I'll WINNING. : w�,s • 4 ' � ,F.•• ` ,' t' ENVIRONMENTAL CLEARANCE (DHCD 3rd (2009) APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT f iiI° t,?aae?FF?- du� , : =�I ,:x•.. .. r, r . ""Y°''�3 °' 'f a�.12 a- r3 ' " _ _11 ENVIRONMENTAL CLEARANCE (DHCD 4th (2009) APPROVAL REQUIRED DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT 13�;�:rn,:O -' it :r�,r;"�� „ai��`*'•.".t F'� "x ....,.`).''1i3 • d •,�,t'�.�;�s:lU f:.r ” av : APPROVED ATTACHMENT "A -1" AGENCY NAME CITY OF SOUTH MIAMI ACTIVITY Murray Park Aquatic Center (to Include Swimming Pool - Construction Phase I FUNDING SOURCE CDBG 2009 & CDBG 2010 AMOUNT: $1,207,374 TOTAL ACTIVITIY COSTS: $1,492,911 TOTAL AVAILABLE FUNDING (Matching by Ck4 $100,000 PROPOSED ACCOMPLISHMENT UNITS: People ACCOMPLISHMENT UNITS: 4,000 TYPE: People CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGEOF QUARTERLY PROJECTED COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS CUMULATIVE CUMULATIVE CUMULATIVE QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED PERCENTAGE OF COMPLETION SERVICE UNITS RMMBURSEMENTS 1st (2010) ENVIRONMENTAL CLEARANCE (DHCD APPROVAL REQUIRED DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT z `f s'o F,ia c. >;?.. a- r t€a�>` 1 r. "eta r,- °ra,�. .'r.'.i+ ilu_ era ,a;(u..t:.:' c" '.u1i'sa2` i i xi'` = Slia''• . 3M....,.s'i .fi k,E!s�i ENVIRONMENTAL CLEARANCE (DHCD s��gr: y7�d Nt!•E•E•: . '.� ' ..�'7 r1'" r. 3�Jtid7•.c:3 . i-'. -. "W., .tee Nate t , a� e:°9i . :t:51t -4 �fr il°?...b- ?"Y�Z}`•.t u✓i9My= - 2nd (2010) .a``�. APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT s ,¢�rt:`'`ry'`.3n -+: t_S'1r - !•efi=. a1.4 y1- �' A+'.t -a . -i�'.55rs .�(.fi` yt :�' - '' .r•..0 f R - =:^ d�R'Cn �'1 WWN '..'axX' '.L+tlX _5.- `�`:�f' -M1 -t ENVIRONMENTAL CLEARANCE (DHCD .iiL`x i S34Vx ._' .r ��,- F? +S tN _.�•,n iA• 3rd (2010) APPROVAL REQUIRED) BID PACKAGE FOR CONTRACTOR REQUIRES APPROVAL FROM DHCD) SUBMITTAL OF QUARTERLYPROGRESS REPORT ENVIRONMENTAL CLEARANCE (DHCD 41h (2010) APPROVAL REQUIRED) DAVIS BACON WAGE DETERMINATION DHCD COMPLETION OFDESIGN PHASE ADVERTISEMENT & PRE -BID CONFERENCE BID OPENING RECOMMENDATION, SELECTION /AWARD VERIFY CONTRACTOR IS NOT ON DEBARMENT LIST O_TAIN EVIDENCE OF LICENSES SUBMITTAL OF QUARTERLY PROGRESS REPORT 1 «n3......_ - -,,amF!J'�i• -.'' v eF- a._ a- � i'.. �' � "e+"�.' 1' �in'F ' r�.' Al! ..a'."F.a:t .vc.. ._n,. . ,. .5 .•.t... . _ a ,fir ;+ �. _ � _ +'Yl� ;��:ti APPROVED ATTACHMENT "A -1" AGENCY NAME CITY OF SOUTH MIAMI ACTIVITY Murray Park Aqualle Center (to Wude Swimming Pool - Cona4wmon Phase I FUNDING SOURCE CDBG 2009 & CDBG 2010 AMOUNT: $7,207,374 TOTAL AG1WrIY COSTS: Sl As"11 TOTAL AVAILABLE FUNDING (Matching by L11y) $100,000 PROPOSED ACCOMPLISHMENT UNITS People ACCOMPLSHMENT UNITS: 4,000 TYPE: People CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTERLY PROJECTED COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS PAYMENT AND PERFORMANCE BOND 1st (2011) CERTIFICATES OF INSURANCE EXECUTECONTRACTWITH CONTRACTOR (DHCD APPROVAL REQUIRED) SUBMITTAL OE QUARTERLY PROGRESS REPORT COMMENCE CONSTRUCTION 2nd (2011) CONSTUCTIONMANAGEMENTAND MONITORING REQUIRES DHCD REVIEW AND APPROVAL SECTION 3 PLANS, COMPLIANCE, MONTHLY REPORTS (PAYMENT REQUEST AND REIMBURSEMENT REQUESTS) SUBMITTAL OF QUARTERLYPROGRESS REPORT swr .. PREECONSTRUC71ON CONFERENCE 3rd (2011) (INCLUDE WORK SCHEDULE AND MAINTENANCE OF TRAFFIC) - CONTACTAND COORDINATEMEETING W/TH DHCD AND CONTRACTOR RELEASEN077CE 70 PROCEED OBTAIN PERMITS SUBMITTAL OF QUARTERLY PROGRESS REPORT .+.::�... _ :1;;.`- '� ^.'s - .`N_ wi3�' rhi'Si1 _i�' 1 ?.!J'.P>y _. �° •• ,55; :i . i. U. K°T lcz:&: r •,.k•+'',?!x'`r_':.ar."`..'.°as ',-? ` ''t3ra�E'a�^. m _ map_ 1:7�2 rt,"u - 1°'" -. COMPLETE CONSTRUCTION 41h(2011) SUBM /TFINALPAYMENTREQUEST SUBMIT FINAL RELEASE OF LENS PRO,IECTCLOSEOUT g, _ 3 > , Altachment.B SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA - Design Phase It 50,000 CRA- Construction Phase $ . 50.000 $ 100,000 •Dun to a nonsabstanttai change the reprogramming of the remaining funds l$90,463) wIll be used ferthe conctructlon phase of the prcjact, which will require a budget modification. CITY OF SOUTH MIAMI Murray Park Aquatic Center (to include Swimming Pool) - Construction Phase 1 CDBG FY 2009 & FY 2010 SUMMARY BUDGET JANUARY 1, 2010— DECEMBER 31, 2011 CDBG FY 2006 PRIORYEAR CDBG FY 2008 FUWNG(Pool 82009 CDBG FY2010 Total Designr CDBGFY2008 PlanAmendmont Plan Amendment NO"11CO All CATEGORIES CD534COSCI C13636COSC4 CD636cosci CD5MM09CC1 FUNDING Sources LPommel S10863 $14,500 SO 50 SO $30,863 O.ContractualSe�vices $259;637 $40,500 $0 $0 $50,000 $350,137 W.Operatia9 Services $0 $0 $0 50 $0 $0 Iv. Capital Outlay $0 $501,911 $200,000 $200,ODO _ $60.000 $1,111,911 SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA - Design Phase It 50,000 CRA- Construction Phase $ . 50.000 $ 100,000 •Dun to a nonsabstanttai change the reprogramming of the remaining funds l$90,463) wIll be used ferthe conctructlon phase of the prcjact, which will require a budget modification. Attachment 8 CITY OF SOUTH MIAMI CDBG FY 2009 & FY 2010 Murray park AWMIC Carter (to include Swimming pooll . Construction phase t DETAIL BUDGET January 1, 2ODS thru December 31, 2011 dM0 AX- Qa,wnGle C00fracGua 'mw aa D CD DHCD DHCD DHCD, �Mr-M D,`• ' CDBG FY20O6 b I'P Non.DHCD CDBG FY2006 CDBG FY 2006 2009 CDBG FY2010 =on Tohl DHCD TOISI AN Saurces DESIGNFHASE MnAmendment CDMR -act CDS35COBC CD534C09CCI 8 C053SCtOC! D WS35C06C! 4010 JIBRSONME&Emnlama Re •Saledes ?ubflo Works Director C1deiAtxotxfterd GfanlsAdrNntstfatOf Sub• ota! SateNea S S S 57.000 S 700 SS W 51 00 S 7,000 S SOD S SAW S t 500 S S b - S 14AC0 S S.c'00 -Ti-,m S 2 700 S 4.OD0 S 3 5 11,506 S 70D dM0 AX- Qa,wnGle C00fracGua 'mw aa SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA - Design Phase $ 50,000 CRA - Consirudon Phase S 50.000 $ IOD.000 'Due to a non- substandal change the reprogramming of the remaining funds ($90,463) wgl be used forthe construction phase of ft project which will require a budgetmodOtcatkn M. 041=01 SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA - Design Phase $ 50,000 CRA - Consirudon Phase S 50.000 $ IOD.000 'Due to a non- substandal change the reprogramming of the remaining funds ($90,463) wgl be used forthe construction phase of ft project which will require a budgetmodOtcatkn - st j �. ..� - [ - PROGRESS . i 2010 [I Is' Quarter [JanOularl 0 �w Quarter [Apr-Junj [I 3rd Quarter pul-Sepq [] 4� Quarter [Oct-Dec] /Annual Report �•�' f r��46��; ��. M. ?� . °r,��_S. °,i4va�:',�r�5��'tak�' w. '"�yti'`y,'��'c;`°i„ 'L4 '�� ``°"�':,. �`Y'�'c�'�i�." Y `�� Recipient. Name. (Organization): Contact Person One & Title): Activity Name (Project Title): Activity Address: Activity Description: Activity ID # : Index Code: Telephone Number. Funding Source: Funded Amount: $ Acfiv4 Category: Q Administration Q Capital impffovement Q Economic Development Q Historic Preservation [J—Housing Q Pubtic.Service Objective: Q Create suiiabte rnifng envkonments [] Provide dedent affordable housing Q Create economic opportunities OdiWmw Q Avaita'bility /Accessibitity Q Affordability. Q Sustainability �,�.,....., :,:>,h. ;:.;�:.r.:— s- r..- c;.... ...... r.- _,.- _�..u,v�: -..: u_,� -.. _ ..,.i::.`r �Y-: Nx a- - ✓.�:.. �.r,. ':t�i<�:n:.�.u.l�>i 'i.:.Y_.. �d; t i> �,?-- 'r./- .��? �.0 I APPRO' E€1 TOTAL LCA GaR' ; ' OODGEI' t�CPENDED (rbb,ouadarl AG�bgl EXPEtdD1TURES �� REIMBURSED WMULAtk finrou2bendofffiisgWM. : CUMULA7NE PERCENTAGE PROJeCTED. PRt 1ECTEi? CUMULATIVE ©CPt=f�lbrfORES p to gel EVENDtjnnel. $ $ $ % $' $ Contractual $•. $ $ $ % $ $ OperdUng roosts $ $ $ Y $ °/a $ $ CQmmoditles $ $ $ $ % $ $ Capital Aullay $ $ $ $ % $ $ P1'o9r�M- tttcgrrie o The dlsposNlon of Program inoeme not spedlicaiiy.IWO in the approved Program bcome budget requires priorw6ftn approval from.DHCD. ' 1. Doe`s this atittvily generale Program Income? [} Yes Q Na 2. !f yes, indicate file. amount generated this quarter. 3. If yes, was written approval granted by DHCD to use the Program income generated from this activity? Q Yes Q No Q' N/A Dyes, 4 attach edgy of approval lefterand related documents It no, a written request for approvgl to use the Program Income must be submitted to DHCD -or- a check payabla•to Miami - Dade County for the generated Progiar i Incorhe must be submitted quarterly 10 acconlance with the'terms of the contract. 4 Check Attached? © Yes ❑ No [ WA 1. Activity Q underway Q Completed 2. Environmental Status: [j A= Exempt Q C= Completed Q D= Underway 3. Is this activity still in compliance with the'odginai project schedule? Q Yes Q No 4y �' 7 0 �e t �f�hc�'c e o 0 � •�C �c ��`{3I��;4�i`! -y+�, U-z _ {7.y�, �' :L7i -,'�` _ __- 0. 'F.:� ��H: 'a+ Department of Housing and Economic f)evetopment Page i of 2 Quarterly Expenditure & Progress Report (1.1112- 15-08) 52 -23MR .0 3T ;- QUARTERLY EXPENDITURE ANN PROGRESS REPORT- PY 2010 I: ° ��,: C�J 'G I.t j.1�•�r3t�{� tc'l G 'S=��l r. :,��, `",;,;t, �' :v +; ,., ,r�."W;i �� ;. '�.r ]fi�'�'.,�7r f;,i'j.�f;,7y�i.... ..,. N.T:' -!3. r� n,.•�.'; �c;..,n., .,;sY gT �,nk,� Y-- .�,., Accomplighnient Type! PeoVe 10*11 [1 Households [o4l [I Businesses 1681 El Organizations pill E] Housing Unlis 1101 f ! 1' ■ •! National Objeclive: Area Wide Benefit [e.g. LIVIA, LMAFII, LMASA, SBAJ -or- El. Direct Benefit [e.g. LIVIC, LMH, LWJ PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials 14M* Submittal of Supplemental Fdrtn — Performance & Benefit Data Is not required at this time based on the certification Ut no bccompliishments occurred daring this quMer. CE€ , IFICATION This is to cergy that the data and ofhea infonpatidn provided In this Report is correct, based on official accounting system and records, and that expenditures and obligations shorovrr have been made forthe purpose of and'm accordance with applicable Terms and Condifkns of the Contract and Funding Requirements. Report Prepared hy: Print Name Signature of Certifying Official: Title: Title: Date: Date. w Activity IDIS Number. Report ❑ is / ❑ is not complete 0 Report ❑ Is; ❑ IS not accurate • Initial review for completeness and accuracy completed by. Name: Date: Name: Date: Contracts offiw Team leader! Supervisor Department of housing and Economic Development Page 2 of 2 Quadedy E,penditure & Progress Report (LP12 -M8) t2 -23-MR y `"J� 1 F7 V 1 r'_i'�(�'i50-3,0 .i�� 4 _na.. �.• .�...�. ,.u�.�� .CG'S .. - j MM E - - r. . � / �• 1. .. ♦ t: •.. •, ill PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials 14M* Submittal of Supplemental Fdrtn — Performance & Benefit Data Is not required at this time based on the certification Ut no bccompliishments occurred daring this quMer. CE€ , IFICATION This is to cergy that the data and ofhea infonpatidn provided In this Report is correct, based on official accounting system and records, and that expenditures and obligations shorovrr have been made forthe purpose of and'm accordance with applicable Terms and Condifkns of the Contract and Funding Requirements. Report Prepared hy: Print Name Signature of Certifying Official: Title: Title: Date: Date. w Activity IDIS Number. Report ❑ is / ❑ is not complete 0 Report ❑ Is; ❑ IS not accurate • Initial review for completeness and accuracy completed by. Name: Date: Name: Date: Contracts offiw Team leader! Supervisor Department of housing and Economic Development Page 2 of 2 Quadedy E,penditure & Progress Report (LP12 -M8) t2 -23-MR Recipient: Name: Pf rfortnanEe & Bene 'ri Qata: Ca}ii#al lmprovetiioa publ[c.Fadflties• Supptei meat to Quarterly Expenditure an1d Progress.Report a FY 2010 ftlivtty Name: Activity iD # : Activity Category: HUD AeNty {Matrix Code: Accomplishment Type: HUD Matrix Code Description: . ".® r" now ❑ Acquisl6oa / Dispositlon 0 Structures • D Parcels [j Clearance / Demolifion Q Strneturas o D Parcels ❑ Street Improvements Persons Served o Low & Modorrate fncome• [] Public Facility 1 Type: Persons Served ♦ Low & Moderate Income ❑ Budding 1 Type: Facilities o Persons Served a Low /Mod Income ❑ Other Capital improvement /Type: w6te avlont Persons- Served m Low.& Moderate Income objectives sas e S 1 # of Structures ' # of Parcels' # of Facilities # of Persons Served # of Low/Mod' Income 1. Total fieribfiting for.program year. 2. Counts by Households (H) nor- Persons (P): 3: Of those essisted; enter the number that a) Now have new access to this service or benefit b) Now have improved- access. to this service or lienefit c) Now receive a Service or benefit thal is no longer substandard Total d) Now have riew access.to this type-of public facility or infrastructure improvement . e) Nowhdve improved access to this type of public facility or infrastructure improvement f ) That are served by a public facility or infrastructure that is no longer substandard' Total g) Homeless persons given oyemighf shelter h) Number of-beds.created in.overnight shelter or�bther emergency housing: RACE / ETHNIC CATEGORY instructidns: Indicate the totat number of households or persons servdd in each Racial Category for this reporting period and the cumulative total. Frdm the total wriberdepidedIn each Radal% atworv. hficafe thgnW6RMthataranF14knnnrrMhA-4f in.am. RACIAL CATEGQAIES Rac1+! Cate ones Ethnic Cate o Rasta! Cafe odes Ethnic Cate Total Nun&r Number His attic Total Nurriber - R--- - - - - - -• 1- i :.er U. sas e S 1 # of Structures ' # of Parcels' # of Facilities # of Persons Served # of Low/Mod' Income 1. Total fieribfiting for.program year. 2. Counts by Households (H) nor- Persons (P): 3: Of those essisted; enter the number that a) Now have new access to this service or benefit b) Now have improved- access. to this service or lienefit c) Now receive a Service or benefit thal is no longer substandard Total d) Now have riew access.to this type-of public facility or infrastructure improvement . e) Nowhdve improved access to this type of public facility or infrastructure improvement f ) That are served by a public facility or infrastructure that is no longer substandard' Total g) Homeless persons given oyemighf shelter h) Number of-beds.created in.overnight shelter or�bther emergency housing: RACE / ETHNIC CATEGORY instructidns: Indicate the totat number of households or persons servdd in each Racial Category for this reporting period and the cumulative total. Frdm the total wriberdepidedIn each Radal% atworv. hficafe thgnW6RMthataranF14knnnrrMhA-4f in.am. RACIAL CATEGQAIES Rac1+! Cate ones Ethnic Cate o Rasta! Cafe odes Ethnic Cate Total Nun&r Number His attic Total Nurriber Numlter Hispanic: White 1 }.S) - . Black /African American 1121 Aslan'1131 American Indian /Alaskan Native 1141 Native Hawaiian) Other Pacific Islander 1151 Arneri= Indian / Alaskan Native & White 1161 Asian& White 1171 Black 10can American & White [181 American Indian or Alaskan Native & Black] African [191 Other Multi Racial 120) Totals ' Performance & Benefit Data: Capital improvement & Public Facilities tLR 12 -10 -08112 -23.09 R Page 1 of 2 Suppterentto Quarterly E);endilwe & progress Report -1 .. Pertomwee-& $et t-D #a Upbq I�r 'r venienF` i acififies AIWA .. A Supplemerst t6 Ogarterfy Ezpepdituta et7d Progress'. Report. i DIRECT BENEFIT BY INCOME CATEGORY 1. CDBG Funds. OTHER iZ1t2E;CT $t:NEF7TffrfFORNtA170H .income categories adreniety Low 00% or less) $ 3. ESG Funds OfierCat 9otes Total # Benefiting from the Activity , g Total Numer . Total Numr Tdta umber .Total Number Low (31 %- ) Poderate (51%= 8096) . # of Female Headed ' Hbusehoidt 'Non Lowigod (81%orgreater) Totals . _;:.1,, -' •.;�:;:. .,.,, r`A)21� BENtFII iM1li iJRMATION.,' ,, . - Census (C) or Survey (S)• Data Used: fi (S), enter # of•Low /Mod & Total Popclatibn: Total#otLow/Mod in Service Ared: Total Low/Mbd Universe Poputaffonin Service Area: Percent,of LowlMod in Service Area: Census Trct Block Groups: Census Tract: Stook Groups: • 4 -Census Tract. Btoi* Groups: •3 •� o e a . $ 1. CDBG Funds. $ Z HOME Funds $ 3. ESG Funds $ ti. Other Federal Funds - $ 6. State'/ Local Funds . $ 7. Private Pufids Sec . SecUon 108 Loan Guarantee $ 8. Other 7r-t °�U `��t7 +1',� ,r- �^ ec ?i- �'ii'-''s':� >'�s.:ke F�o '�c 1 ' I�� o:�d;- +:.� t;��e '�e�t� °ttrt� ?c,,,, �., c'',' i' r'`�,.oa)�,abo'= �•' %(��'��'?\n .?�- �•.,•,�:� �1 ,i- �1�;z=�:�'�:.�?.?kt�.1��.E: , �f1 'cyJ_�s^.�j'Gz�,�2�.�,a?.,��,1� 9�1�`t�3:'��<�,".��h�:Jtt ,�1.,iJ;yC...C,�,�.z•�?.� ..1, r �� .i._ .. - TM��..,., Report Prepared by: Title: Date: Kuhrm Signature of Certifying Official: late: Date: Performance & Benefit Data: Capita Imrrovement & Pubk Facifttec tLR 12 -10 -081 R-23-09 R Page 2 of 2 Supplement to Quadedy Expendrure & Progress Report - QUARTERLY cYCPENDITURE ANO'PROGRESS'REP'ORT 1NSTRUICTIONS, DEFINI710NS & ACRONYMS • e Reporting Period: Enter "X" in the box brat corresponds with t13e appropriate repor ft period for this report. Section t General Information 1. Recipient Name: fill In the appropriate Agency l Organization Name. • 2. Contact Person: -Flt in the Contact Persons Name and Title. 3. Telephone- Rumber. Fig 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.taldng place. 6. Activity Description: Enter brief description of the activity (120 characters maximum). 7. Activity tD M Enter Acfivlty ID,No. of the activity: 8. Index Code: Enter the Index Code from FAM19. . 9. Funding Source: Enter the funding soriree (e.g. CDSG 06, CD8G DR 07, ESG 01, DOME 98, HOME CHW 08; etc.). 10. Funded Amount: Enter the total funded amount of ethwadivity,:mdude addiflonat*awards.(same funding source) if- applicable: i I. Activity Category: -Enter "X" In the box that corresponds -with till: appropriate Category of the activity (e.g: Housing, E nomic Development, e(t). 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 if:'Financlal Information 1. Columri 8: Enter amounLbudgeted for the activity in each category of the approved budget (or fist recent approved;birdget•amendment). 2. Column C: Enter amount expended for the activity In•each Category during tll4 repotting period. - 3. Column D: Enter the actual •cumulative expenditures frori beginning• of the contract through the end of this repgrZfttg.Orlod for edch category. 4. Column F_- Enter the cumulative amount reimbursed from begmning of the'c6hhact through the etitl o(tts'aerol ling °ptetiod fbreacb category. 5, OVIumn F: Enter the cumutaffye•percent of expenditures for eadr category by dividing each amoubt-Irt coltfrnn',i� (, Actual: Gfimutative Expenditures) by the corresponding amoynts as sh�oiii rii column .13 (Approved Budget): Example .If- .1U- b slrows'�5;000-expended. to date ln.ihe Personnel Category and.Column 8 shows �2 ,606 in the Approved Budget for this category,•then the-percentage in Column.F iWd,.ie 25°%. 6. Column•G: Enter amount of{)r*cted• expenditures. ur' eachoategoryforthenextquader (reporEingpedod). 7. Column H: Enter amount of projected cumulative expenditures fn each category-from beginning of file cotttraaci through•the'end of She contract period. S. Total: Please include totals at the bottom of each column 8 through H, 9. Generate Program-income ?: Eritei'k in the "Yes" boz if this activity is expected to generate Program ihcome;.oiherwise cuter W Tillie °No box. 10. If the response is "Yes" to PrograrnAn.come: Indicate file amount of program iricoine generated during this repohtirig period; If the answer was "No" enter WA. 11. If Program Income is generated: Enter "X° in tile. "Yes" if DHCD approved use of the Program income & provide•.ropy of writtert approval letter along with all related documents. Otherwise, ehter "X" in the "No" box and submit•a written request for approval —or. payable to Miami -0ade County for the generated Program Income. 1. Activity Status: Enter "X° in box-that corregponds with the appropriate statue of the activity jCancelfec); underway; ci Completecip-Please note1hat an activity is considered complete once it trieets its national objective,all accoiripltshments have •beeeiepoaed, -and: aq:ttie fitrads are *awn frdm.)DIS. 2. Fatvfronmental Status: Enter "X° In the box that corresponds with the appropriate status of the activity- A =€xempt C= Completed, or b =Updervvayj 3. Compliance with Original Project Schedule: Enter °X° in the "Yes° b6 i'if the activity compiles with the on'ginat pmjbct schedule; if nbt enter X°'iri.the °No box. Section iII: Work in Progress Provide a brief narrative description of work in progress during this reporting period. For example - e Housing - During this period architectural drawings'were completed, 60ding department approved. drawings,'environmental approval received, plat filed wdh 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 teporting period. Project on -schedule and Is- expected to be completed by next quarter. Sermon IV OtherSuoDorfina Efforts Provide a brill narrative description of all other supporting efforts that have begun, partially implemented, or completed during fills reporting period. Include quantifiable data whenever appropriate. In•addition, other expenditures of funds, including local match and•feveiage conthbutions, should be depicted here. 9 - ft&n 1f: Problems Encountered Provide a brief narrative descilption.of any problems or delays that may have been encountered during this reporting period or that are anticipated iri 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 riolify 'the Contracts Cificer to reporYdiscuss any problems encountered in order to resolve them as quickly as possible. Section VI: Technical Assistance This section is reserved for recipients to request 7echnical'Assistanc a of any nature related to the funded activity. instructions, Defin%ons & Acronyms [created 6/0108[ revised f=log R1 Page 1 ors WARTERi Y EXPENDITURE AND PROGREw S REFORx INSTRUCTIONS, DEFINITIONS & ACRONYtiiIS Section Yli: Performance Measurement 1. Apdompfishnierrt-Type: Enter "X" in the box that corresponds to with the actual accomoMment type of this adivlty (People, Households, Busaresse.s, Organizations, Housing Umits, Public Facili'fies, or Jobsj. 2.' Nafonal Objective: I=nter "X" in the box that corresponds with the Nationat objective of this activity. Refer to Aftachmert A in. the Contract to locate the National Objective for the activity- or- cohiacf the Contracts OffucKto obtain this Information; code Beneftcfauy Type i b: qi Descrlp#ion 24 CFfi Cftadon LIVIA Area Basis Beret Lo.YMW Area Benefit 570.208(a)(1) LMAFI Area Basis Benefft LOWIMod Area. Benefit, Community Development Flrtanciai institution (CD['f) 57048 (d)(6)0 LMASA Area Basis Benefit Low/Mod Area Benefit, Neighborhood ReyR.alization Strategy Area 570.208(d)(5)(1) LMC Direct Benefit LovdMod Limited Clientele Benefit 570.208(a)(2) LMCMC Direct Benefit Low/Mod Limited Clientele, Microenterprise .570.208(s)(2)(fii) LMCSV Direct Benefit Low/Mod united Clientele, Job Service Benefit 570208(a)(2j (Iv) LMH Direct Benefit Low/Mod Housing Benefit 670.208(aX3) LMHSP Direct Benefit L•owlMpd Housing Benefit, CDPI or Neighborhood Revitaliiation•Strategy Area 570 208(d)(5)(r) 570. 11 LW Direct Benefit:. Low/Mod'Jobicreationftlention 57Q208(a 4) LMJFt amd Benerg LowfMod Job CreatfonlRetenlion, Public Fectittyffmprovement geneftt' 57U.208 ja) (4)('iv)(F) LMJP Direct Benefit LowlMod Job Creation, Location Based 570208(aX4)0y) SBA besignated Area Basis Slum/89ght Area Benefit 570.208(bj(1) $BR Urban Renewal Area SturUBitght In an Urban Renewal Area 57p.208(b)(3) SBS -spot Basis Slumialight $pot Basis 570208(bx2) 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 n6 accomplishments during the reporting. period, the data for this duarter and.Cumbl4tive may be-left blank, and the Recipfentmust afmplete.the Performance t, erfification check box for "No Aoxorrlplishmenle 3, Total' Housing: Hoasfng activities 'that Construct or Rehabilitate Rental Units, 'Acquire: andlor Construct OW: Homeowner Units,' Rehabilitate.* Homeowner Units, or provide Homeowner Counseling and .Dlreet Financial Assistance .lo Hoin6bQjjp .ipgst. _coirrpfets: this- :sr:dfon ff' arty- pocornofish'men'ts are achieved in'the.reporting period and aompiefe jhe Supplemental Form, "Performance -A binetit.Data Housing ", 4: Total People or Hnusehnids: Activities that provide Public Services orAdmiriistrattve (e.•g., f=air Rousing gctivihesk mirsteomplete this sectiori,if any accomplishments are achieved In lhe.I•eportfng.•pedod and complete the Supplemental Form, "Performance ari4 Benefit. Data Public Services -or -' Administration ". Capitat Improvement and Public Facilities• Activities. must complete this section if dr'y a*mplisbm'ents are achieved in the reporting Period and complete the•Suppleinentai Forum, 'Performance and Benefit Data: Capital Improvement ,& PubliicFacilifies ". ' 5. Total Jobs: Activities that create or retairr.jobs, andfor provide assistance to businesses; must complete this'setrtion if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit.Data: Ecbnomic Developmen'. 6. Performance.Certiiwation: i The Performance Certification-check box for "No Accomplishments' . must- be checked arm.k0aled by the Certifying Official I there'have been no accomplishments during the reporting period. This item certifies that there have -been no accbrpplsfimenfs dudrig.1he 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 Developmeht Formula Grant Programs." A copy'of the- Rowe and additfonal'informatiori about perfomzarice-ineasurements is available atthe following fink htftpdh# �*.'b ddigoofofiwes lo'idfaborrtloerformaricet. 7. Report Prepared By: The name and .!We cfthe report preparer, along vlittf the date, must be.completed. 8. Signature of Certifying Official. The Certifying Official of the Recipient must sign the repokilis or her tille,must be entered, and the certification must be dated. This Performance and Benefit Data Report must be completed and provided to DHCD,for any quarter when actuat accomplishments are achieved ,.She actiWy is completed, and the national objective is met. In addidoih, direct benefit or area benefit data must be provided as.w'relL Please fill out the requested information completely and accurately, as applicable for the frrihded activity. 'the following general Information is available on Attadu7rent A in the contract: Activity ID, Activity Category,. HUD Acfivify,Matdx Code and Description (HUD Activity Type), Accomplishment Type, and Natonai Ob)edive. Ail reports must include tine 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 repot# must be dated. Instructions, Definitions & Acronyms [created WWI revised 12122119 RS Page 2 of 5 QtlARTERLY•EXPENDMUREAND PROGRESS DEPORT INSTRUCTIONS, PEFINiTIONS &;ACRONYMS instructions, Definitions & Acronyms [createdi?%0106] revised 127M R1 Page 3 of Project Category [required]: Enter X in the box that corresponds with the Project Type [required]: Enter W in the box that corresponds with the turned funded project-We. project type. Accomplishment Type 1 Measures [required]: Enter 1 ".in the box [hat Measures: Acquisition /Disposition and CfeararceMemoiitlon activities only - corresponds with the funded project type. Enter `X' in the box that corresponds with the funded activity. Accomplishment Units Completed jeequfred]: Indicate the number of Accomplishment Units Comple(ed.[requiro# Indfote. the number of units persoris or households served and number thatere. lowhriod income. compfeted [Structures, Parcels, or Fadilitiest, number of persons served, and � -,. 4S . 0,. a-4c.d,.&-.% -6 -d;.6- 6�-a -4k..Co -a-d,.,A - 0� -e,-6-C X46 &.c, number that are low /mod income Performance Measurement & Accompikhment in €ormation [required[ °d 'a -a C.- C,-& (1) indicate the total number benefiting from the activity. performance Measurement & Accomplishment• information [required] (2) Indicate method used to count Me number bettefifing from the activity - by (1) Enter iotal number benefiting fromthe:activily for the program year. Households served or Persons served. (2) Indicate if the couritis by Hobtehold•or Persons. (3) Of those assisted, responds to each inquiry - a through c - by providing (3) Of those assisted, respond to each•Inquiry - a throWtt h - by providing the the number that benefited, and provWe the total for all, number that benefited, and provide ft-total for-each section. w5.6;+- C.- RwS�E�+ -a�� i•G,w�i�i +G,aG,G+ -�, i�cSwS�i�, ;d+%% di �,i- C,- d,4% -d, N-C— d. w ,- GN C14% el- a_d,<1:��G, Direct Benefit Information [require* Beneficiary information most be Direct Benefit Information jreq*ed]:'Berieficiary Information must be provided provided in this section for aclides having a national ob)ective of LMC, In'this section for activities having• a national abjectirre of 4MC, LMCMC, LMCSV, LMCMC, LMCSV, LMH, LMHSP, LW, LMJFi; or LMJP. Otherwise, complete LMH, LMHSP; LMJ, LMJPI, or LMJP. Othervvise,.comptetethe Area Benefit .the Area Benefit information section. Prnvfde information for actual number of information section, Provide information for actual number'of households or households br•persons assisted, for this reportirig:period 'and the cumulative• persons assisted, for this reportfig ped0and the cumulative total. Also, provide octal. Also, provide - requested informallon•in• the'lrtcoine Category. and Qfher requested information in the income Cates uy arid• Other Beneficiary Data Beneficiary Data Sections.$actions. Area Benefit Information jiequired]: 0applicable far fun'ded' actinrify. Area Benefit Informaffon [requiredj; IfappliicebCe f6ifundQ'act *_ Funding Sources / Leveraging of Funds jrequlredj Funding -Sources 1. Leveraging of'Funds uiredj:' Required Attachments mustbe covidddr If�a e -ROME Funded Projects'Only [required): Enter W hi the bo7c.ftiakbrresponds Note: Jobs data'should be prepared 2s -acco pp66menis take place (as jobs are wflh the funded HOME•lenure type, complete the correspohding•Form, & allach it creased) or on aquarterly 5as ; at aminimur i, to the repo Project Type [requiredl: Enter Ir to the box that corresponds with the funnded' Lob-Creation aridlof Job R%tentfon Information• (responses required for this Accomplishrnent type] project type. Number of Units Completed frequired): Indicate-total number of Rental Units, (1) Complete the Job Creation aiealf the activity isexpeoted-to create jobs; Owner Uitits, or_Homebuyer Households completed tot the furaied activity. otherwise, complete the Job Retention area if the activity is expected to CDRG Mul"nitActivity, tfapplicable: Provide ali"requested information for both retain jobs. charts in this section. (2) Indicate the number of jobs created Oi retained, as applicable, 'by job type'for. Displacement information, if applicable: Provide all requested Wormation in the this reporting periQd.and the cumulari* fatal: chart. (3).Direct Benefit Information - must be•compl2ted_f6r the actual jobs created or Replacement tnformation, dapplicable. Provide aN requested information in the retained, as applicable, for this reporyr@- dumtilative'iotaf. chaff .pedod'and.tRe Also, provide requested Information ar th'e ldcome Category and Other Beneficiary Data Sections'.. Performance Measurement & Accomplishment Infortration [required], ail (4)• Number of jobs created with employer; sponsored healih care benefits applicable sections must be completed (5) Numher'unemployed piior to taking job created' (1) Provide number of Affordable Units and respond to each inquiry- a through f (6) Number of jobs retained with employer sponscred'health care benefits - by providing the requested information (7) Provide explanation if proposed goats are not inet (2) Provide number of Section 504 Accessible Units (3) Provide mrmber of units qualified as Energy Star -6"c Assistance (4) Provide number of units brought up to HQS1Locai Code (Rehab only) to Businesses [responses required for•this Aecomplishinent Type] sin (1) indicate total number of buess assisted, of that amount indicate how many (5) Provide number of units brought in compliance with lead safely (Rehab only) (6) Provide number of units created through conversion of non - residential to are new businesses and the number of existing businesses residential buildings (Rental Rehab only) (2) Of the existing businesses; indicate hovi many were expanding businesses and the number that were relocating (7) Provide number of households previously living in- subsiiized housing (AcquisidonlConstruction New Homeowner only) (3) Indicate the number of businesses assisted with fagade treatment or Direct Firianclal Assistance to Homebuyem, if applcable (1) Provide number of first -time homebuyem and of those, indicate number that business building rehab (4) Indicate -the number of businesses that provide goods or services to meet the received housing counseling needs of a service area, etc (2) Provide number receiving Down Payment&sfstancelClosing Costs: (5) Provide the DUNS number foi each business assisted [a requirement for any - �,. �t- 5,« C�wtwSw�• �^ �wSw�+ wS- E,. �'. w�- �w..�+- G,�,w�i- �- E- E:- c, -�,-di busfaess that receives Federal assistance), ' Direct Beneficiary information [ required) -must be completed for the actual number of households assisted, for this reporting period and the cumulative total Area Benefit information [required] Also, provide requested information In the Household ihcome Category and Other Funding Sources I Leveraging of Funds [required] Beneficiary Data Sections. Required Attachments must be provided, if applicable. I Funding Sources 1 Leveraging of Funds [required] Re aired Attachments must be rovided, if a cable. instructions, Definitions & Acronyms [createdi?%0106] revised 127M R1 Page 3 of QUARTERLY EXPENDITURE AND- AROGRESS.REPQRV INSTRUCTIONS, D01NITIONS & ACROW.MS Area i3enefh: Those aciivities•'having a national objetiive of LMA, LMAJI, and• LMASA. Beneitciary data is reported by Surveyor Census.da[a for Ute percentage of tow - and.rnoderate income dersons in the service area Ct)8G regulations speciiylttaf 59 percent of the residents' of the service area muss be LMI. Examples of area benefft activities inc<ede sireetlsidewaik :nttprovements; waterysevrer sines; neighhorr>zood faciti#ies, and facade improvements in neighborhaed commeraai districts. - ' census Block A'geographic area bounded.by visible andlor invisible features shown on a map prepared, by the U.S. Census Bureau. A block is the smallest geographic entity for which the CLmsas Bureau tabulates decennial census data. Census Tract~ A small, relatively permanent statistical subdivESton of a county or statistically equivalent.entfty, delineated for data presentation purposes by. a local group.of census data.users or the geographic staff of a regional census.ceihter in accordance with Census Bureau guidelines. CDBG Nafibnal Objecti•,res: The authorizing statute of the -CDBG program requires that.each• arfivlty funded except for program administration and planning activities mustmeet ono of three national objectives. Ail CDBG actvities must achieve on of mdre of -t eso national objective "s. •. BeneftT Wow and rtoderaWmcoirne (LMI) persons, ' • Aid in the prevention or elimination of slums or blight, arid• • Meet a need haft a particular urgency (referred to as urgent need), e.g.; existing conditions pose a seriops and immediate threat to the health oe welfare of the corm unity, In additlon, a minimum of 74% of the CDBG program expenditures-must meet the LMI benefit national objective. Direct Benef Those activilies having a national objective of LMC, LMCMC, LMCSV, .LMH, LWSP, LMJ, LWF1, or LWO. Beneficiary data is reported by the total number of persons.or households benetitting from an acfivfty. DUNS Number: Data Universal Numbering Sys.tem.(OPNS} nud+ber is a requirement for any business- 6ati�ce€des-I ederal.As"sisiarice. If a business does not have one, it should call the DIMS number request line at 1. 866 -705 -6791 to obtain a nurpoeet . Th6 process is free and takes about ten mWutes. MERGY STAR:.ENERQY-$TAR is a joint progiam of EPA and DOE to help us all savo irroney and protect• the envirOinprib through energy efficient products and prdcitces: HW., ens• 6rages incorporation of ENERGY STAR qual'died producfs and pracUi cw:witen •co�'duc6ng reha'biGtation br• cor>siructing new housing. likewise, ENERGY STAR is a data element for'i:nefg'j/ coriservatidri activids' for he .housing. hidicaCo� yategodes-in. fie performance measorementsystem. bdreinely Lowdncome: Households with annual income less the 30% of-tto area Onediati income, �ps'estabiishig- y. HUD.:The number of household memWmis used in the•determfnatiorL Ethnic Categories: WD arid rrantees'arb required to treat ethntelty ao a separate category: "Hispanic or. Latins" and "Nbl.f-tispanic'or Not Latino" are designated as separate'elhnkly..categodes: • Hispanic or Latino: A:person of Cuban, Mexican, Puerto Rican, South or'Centrai American; of other $pan)sh'cuit4re or origin, regardless of race. The term, "Spanish origin," can _ e. used io addition to "Hlsplinic or Latino." ; Not Hispanic or Not l_ atirio: A pefsonxiot•of Cuban, Mexican, Puerto Rican, Southor'Centrat Autencan,.oi other Spanish culture or origin, regardless of race. - Family: All persons living imthe.same.household who are related. bye bidh,'mardage, or adoption: Hou'sehold:•All peftons•ocpupying the-awe housing unit: The occupants may bb a•single farnify, one person.fiving aldne, two oi.mote families Going together, or any group of related or anretated persons who share I thg a'rar<gements.. Housing Quality Standards (HQS):-HQSare set acceptable conditions.forintedor rmbig.space,•building exteiior, heating acid pltimbirig systems,-and general health and safety: The purpose of HQS. is to determine whether a housing unit is decent, ,safe:arid sanitery•. Income: (1) Annual income as defined'ander Section 8; (2) Antral income as•re'* rted under the C . us -lbAg foim;•oi.(3).Adjusted gross•income as defined - by.ttte IRS Form 3040. Low Mod Job Creation or Retention -(LMJ)i AntchAty designed to meet&e National ObjeOve.of creating orretainllg:permanent jobs, at least 70 percent of which (computedon a fill-frne equivalent basis) will be made -available to or held by LMI persorjs. ' Low hind Limited Clientele (LMC): An activity carried out to•meei the Naflonal Ob ective'of benefit to'l.Ml persbrs. Ac5vities under the LMC category must meet one of the following criteria: • Benefit clientele that is generally presumed to be -prinoipalty.LMI (abused children, battered spouses, elderly petedris, severely disabled adults, homeless persons, Illiterate adults,-persons livingwiih AIDS and migrant farm vrorkers); or • Require documentation on family siie and income in order to show that at least 70 perceitt of the cgentete are LM); 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 carded out to meet the National' Objective of benefit to LMf persons that benefits all residents in a particular target area, where at least %1* percent of the residents are LMI-*. sobs. Low and Moderate Income (LMh: Low and moderate income means family or household annual income less than the.'Sectjon 8 Low Income Limit, generally 80 percent of the area median income, as established by HUD. Lo*aincome HouseholdlFamily: A householdlfamity having an income equal td or less than the Section 8-Very Low income Gmu (50% of the area median income) as established by HUD. Low income: Plouseholds.wrth annual income less than ti00/6 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 personsihouseholds, e.g., acquisition, construction, or improvement of permanent, residential struptures which, upon con ipletion, will be occupied by LMI hotlsehcids. Matrix Codes: The matrix code indicates how the acrMty is eligible under CDBG regulations, €t generally idenfifies the purpose-for which assistance was provided, and determines the type of accomplishment units that should be.reported. Microenterprise: A business that has hire or fewer employees, one or more•of whom owns the-enterprise. Moderate - income HouseholdlFamiiy: A household/family having an income equal. to or less thari the Section 8 Low-income limit. (W c€ area median Income) established by HUD, but greater than the Section 8 Very Lowlncome limit (50% of area median income) established by HUD. Instructions. Defird€mns & Acronyms fcteated 6/30/081 revised 12122/09 R1 Page 4 of 5 QUARTERLY EXPENDITLIRE AND-F)KOGRESS REPORT - IN3TlRUCTiONS, DE_N IONS 9.AC.RQNYM1 Objectives: The'objectives capture the range of canimuniiy impacts That are expected. to occur as a result of program activities. There are tree possible objeetivee for each adiv .' 1) CreaWg Suitable living Environment%.2)'.Providing Decent Housing, and 3j Creafing.EronQmlc Oppotfimittes. Outcomes: The prograw outcome -helps further refine the activity's objective and captrires 1he rafitrA of the We of changge'sought or the expected result of the -d *y. There are three possible outcoMes: lj AvelabifiVAccessiblfrfy, 2) Affordabiirty, and 3) Sustainability. Period of Affordab T*... The number of yetis a homeowner or hometiuyer must reside ih and retain bwriersttip of an assisted housing unfi before the unit May be soldwiihout penalty to the homeowner. Program. income: Any gross income received by the sub racipient that was directly generated from the'use of EDBG-tuhds (24 CFR 570.500(a)). Racial Categories: Allp data requests for racial information provides the option of selecting one (Y more of dine racial categodes•to idenfify the radar demogMblcs of the. individuals andior the communities they serve, or are proposing to serve. 1. American Indian or Alaska Nafn►e; A person having origins in any of the o6gfrt67 peoples of North and South America ('mciud"mg Cer:trat'Amerrca), and who maintains Uftl aff&*ft or community attachment 2. Asian. A person having.ongins'In any of the drigi�lai peoples of the Par East, Southeast Asia, or the indian subcordinent.Including, for example, Cambodia, China, India; Japan, Area,.Malaysfa, Pak'�start, the Pfiiippine, Islands, Thailaod; -and. Vietnam. 3 Brack or African Ameri�ah. A person ha+ring'arigins in any of the black racial group's of Aida. Terms such as °htaitian° or Negro' can be used in addition to �lack�or African AMedcan." 4. Native Hawaiian or Other Pacifire Islander. A person having origins 1c arty of tite:origiiial peoples of 14aw6ii, Guam, Samoa, or other Pacific Islands. 5, White. A person haA ig'oiigiiis iriany of,the od jinaipeoples of Europe, the Middle East, or NortIvAfdca: 1i. American Indian or Alaska Native.& While. A person having these multiple race herliage§ as defined'aliove. 7. Asian & White. A person hAving.these rhufttpls race heritages as defined above.'- 8. Black br African AmBriean 4 White. A person having tlrese.mullipie race heritages as defined above.. '9. 'American indian:orAlaskk Native & Black orAfrit:atr American. A person: ha% ing:ihese.mujUF.4e twee heritages asadenned above. 16. Other Multi- Raelai: A persontiepoft.muIIl•mce' heritages not included inany:of -tire ether.rfhL categorre's'Ii0p0- above,•and that have a total count that exceeds -0e percent cf (he.poptda#Dn served:., Season 504: Section 504 of•ihe F isab falcon Act of i973'prtihi6fis aistrknination.in IEde'rafiy ssisti;d pro�grarris:on tti 'fsasis of handicap. if imposes tequtre nenfs to.erisure that °zivalitiied iiidivitivals wrth haridjcaps°,have access�to programs ond�activitinthat rgcei�e:Federal funds A+liniinum requirements include, but are not limited #o :1 Re,nov t of Phy§icat Barriers; •2)• ProAde-Progra.m A; gessi'b. iffy; 3) Ailaice mplayment Acsessiiile, and 4) Ad*. istrafivve Requirements. . . . Stifi'recipienf: An entity that ass'rsis fire rebipfetit to imPiement and •administer its pidgram; SO recipients are'�eribrally notipiefit organizations that assist the recipient ib undertake one,or niore.acflvfiies 6n behalf 6f-the grantee, such as adm!61 ter-a.•hdrne.rehabititation loan• pool•or'manage a jeb- training program. Sub recipients are also referred 10 as sub grantees. Survey: The survey.insfrumeiii end methodology mustbe approved, by. HUI1• for the -purpose.of-establishing the percentao of t•.M(persons in a.service area. A survey must meet standards of statistical refistnTty that ate comparable to that of the Decenelat Census dala for-areas' of similar size. Additional guidance Is available in CpD'Notice 05 -06. tns6rrc0Ms, Definifions & Acronyms [ -eated 6130/08] revised 12122109 R1 P age 5 of 5 Attachment A DEPAM ENT -OF HOUSING'ANO COmmHNrTy. 6EYELOP NT (DHCDj lNFflRNiATION FOR.El ARt3Nll E TAL REVEEW Fopm. lNST2ifCTlOAIS:. Per 24 Ct=Et.PatY 58s the purpose of•'the en vironmental. review procedores is to .ftisidr the -implemenbtl rt of enviromentally conipafibie activities. As a jrat�t or town recipient, M1:ir 145id #--'Co' t1 r vill( not-Nad projects drat will riegafiveliy. impact clients, communities, or the environrire L Part (. AGENCY MD PRQJECT DETAIL 'l: indicato Fundiing totirce: Q CDi3E ❑ HOME Cl HOPE Vi HOMRESS.(sk&§H0) ❑ Em ❑ NSP : 2, intlit F'isat lai: i 2tl 3. 'Name of S•ubrecdpieni/Agency: r 4 Name•:of-Pro osed•A(rtitrlty; 5. 10datiori A0crress•w1tia.Ci ,. SY and Zi of MyorNect &. Site-�oiio.�itrtrr� s 7. Comrp*ssion- Distdctts):- • a_ 1)irPC f e.%onfact inbnr!atinn of lonnlaranf remnier& - Address: Oi€° . State: Zi Phone;- Fax: Fom _Revised 721(:52M 9. retailed descripUon of activity or project: i S - 10. -What L§- the purpose of .the acf'r* or project? For example, Public Service, Economic -Development Flistriric Preservation, Capital Improvement, Housing, etc. 11•. What is the status of agiivity or• project? For example, Pre - Development Phase, Rehhab /G�nsWaon: .Underway, ftehablConstrucfron Completed, etc. Pad fl. - 0P.10W**PT' OUTCOME W11 activiht or brotecf'resuit ih the fallowina? YES. _ :. NO t. Change iri use Z Sub= sutface•alterafidri (Le. excavations) '3. tlew.constnrction 4-. ' Renovation ordernoli#ion Slfe improvements (utiffties, sidewalk, landscaping, s#otrn drat e; orlon .areas, drnres, etc. S. Bdfiding improvements (windows, doors, etc.) 7. Displacement of pe(sons, bousehords or business 8. Increase-in population woridng or Wfiq on site• 9. Land acquisition 10, Aq V4 in 100- yearitoodptain 11. A new noniesideniial use generating at least 1,375,000 gallons of water or 687,500 gallons of sewa e: da . 12 Use requiring operating pennft{ i.e. for hazardous waste, refreatment of wow ,. etc. 13. A sanitary landfill or hazardous waste disposal sfte 14. Tree removal or relocation 15. Street Improvements 16. The impounding of more than 10 acre feet of water (e.g. digguig a take or!LA iti or deepTin2 of a body of Water). Paid III: sri8 SPECIFIC INFORMATION 2 I. Land Use: Descrbe the existing and proposed land use: existing? •' Prodosed? Dubs the. piraposed abtWity include a new structure(s) or site improvements on a site of one 11 ante oar wore? [j YES ❑ NO N des, A site. Dian roust be R v ided. Proiecils will not be environmentally keviewed without a . .. 'site" t n. • . 3. "t?hotdgraphs.. poes'the 4-ty include new construction, renovatign or rehabilitation? El YES ["j NO if -yes, photographs. mint be provided of each side (front, rear and sloes). of the structure(s) proposed for assistance and the buildings on the. pcwt lots. The photogiaphs'shall be idenked'•fiy address. In addition, provide for each existing structure on the site, the following information: Existing structure(s) on site? ❑ YES ❑ NO Estimated age of structure(s)? 4. Value of Improvements. Does the proposed activity include rehabilitation or renovation of structures) ?. ❑ YES ❑ NO If yes, what is the estimated cost of rehabilitation or renovation? 3 What-Is the amount sought for funding? In addihon, indicate i€ the estimated value of the improvement represents: 010 39.9 percen# of the market value of the slructure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent o€ the market value of the structure(s) - 75 Percent or more of the market value of -the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new Construction, . major renovahohs of •750A or more of the structures' market value; or a securing of a loan for rienresident'lal parcel? - ❑ YES ❑ N© If yes, a - c6i y of Phase I Environmental. Audit cerAfted to Miami-Da-de County must be submitted to determine the likely presence of either a release or threatened release of haxardow -i $ubstance. An• audit-is a reitiew of a site and adjacent properties and involves preparing a hfstory.ot ownersfilp� land use and zonrng for the last 50 years;. researching. envirprmental records' for i Inforinatio* on -hazardous waste sites, hazardous .facilities, solid •vraste/tandfill kolliGes and urtdergrnund storage tanks (aveilable throi gh the-Department of EnviropmeJ&ai Regulations and Mariagemeii (DERM), %dda Department of Environmental_ Protedfon.(Pi?EP) and U.S. E�MOamontai 13rafection Agency (EPA)); and site inspection for physical 'evidence of -contamination. such as damaged vegetation or stains in the soil. Hasa Phase: rbeen performed? ❑• YES ❑ NO 6. Environmental Health Information: ®. If a residential site, and the activity includes or involves rehabilitation,. has it been inspected for defective paint surfaces? ❑ YES ❑ NO If yes, please submit the results. Have any child-under the age of seven at the site been tested for elevated levelsV lead in the body?. ❑ YES ❑ iO if yes, please submit the results. 7. Other Site Infoi-nation: 4 Part W. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents. 1. For all projects: Submit street/plat maps that-depict location-of prope.tyin the Own iy and /or City Yft ihe'lo60oir orlot clearly pointed out. 2. -. t=or new construction' projects: Summit a scope of senice, an itemized budget ;-and a site plan: 3. Foy hausrnglbuitding• rehabilitation projects 'only: Su__bmit a scope 0 .service, an itemized• budget descAValg the major domponents -of the rehabilitation program planned, and a photograph of the propetty. t=or historic proptlai tfes, include: Sukmii photographs of the property, aA0 a.description of any adj6crrn1hWori6 properCes that-may be affected by your.acdvity: Part V. CERTIRCATtON I certify to. the accuracy o €.the information provided. t understand -that all - lbriddd actiYitfes must have'an appr.'oved environmental ieview clearance .19r.to the comrnenceirrent.df-pigjects. f clearly understand that any omitted and/or incorrect information will delay the-- initiation of Qie environmental review process by the DHCD staff. As such; 1. am aWai re that omitted infermatioir could delay 'tire -commencement of my organizailon's. project. -i undersiarid• all approved erivironniental.reviews ate valid for one (1) year maximum. Punt Name Signature Tale Marne of Organization or Corporation Date Unless.otherwise indicated, return completed form and attachments to! Community. and Economic Development Division D.treetor Department of Housing and Community Developinent 701 NW 1st Court -14th f=loor Miami, nodda 33.136 YES. t+tt? 1. PlobdP'surancerequired7 2 #Pubt(c wafer avalable on site:? 3. Pub#C sewer aval able on site? 4_ 00dren under 7 years of age resd'mg on AQ, Pt rVocafing to site'(includmg day cafe facility)? 5. Hazardous waste disposal facility. 5: Stor 'e of hazareus materials on site? . 7. Abandened•structure(s on.site? Part W. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents. 1. For all projects: Submit street/plat maps that-depict location-of prope.tyin the Own iy and /or City Yft ihe'lo60oir orlot clearly pointed out. 2. -. t=or new construction' projects: Summit a scope of senice, an itemized budget ;-and a site plan: 3. Foy hausrnglbuitding• rehabilitation projects 'only: Su__bmit a scope 0 .service, an itemized• budget descAValg the major domponents -of the rehabilitation program planned, and a photograph of the propetty. t=or historic proptlai tfes, include: Sukmii photographs of the property, aA0 a.description of any adj6crrn1hWori6 properCes that-may be affected by your.acdvity: Part V. CERTIRCATtON I certify to. the accuracy o €.the information provided. t understand -that all - lbriddd actiYitfes must have'an appr.'oved environmental ieview clearance .19r.to the comrnenceirrent.df-pigjects. f clearly understand that any omitted and/or incorrect information will delay the-- initiation of Qie environmental review process by the DHCD staff. As such; 1. am aWai re that omitted infermatioir could delay 'tire -commencement of my organizailon's. project. -i undersiarid• all approved erivironniental.reviews ate valid for one (1) year maximum. Punt Name Signature Tale Marne of Organization or Corporation Date Unless.otherwise indicated, return completed form and attachments to! Community. and Economic Development Division D.treetor Department of Housing and Community Developinent 701 NW 1st Court -14th f=loor Miami, nodda 33.136 i TYPES flE ACTIVITIES AND ENVIRONMENTAL ditI !:JNES TRIGGERED, Tjpe of Acl�v M- MPT* - C5NST'** • CIES'ii'_ EA*"* Economic Mveiuparent Notice/No, AtofoNo Ikkpo(*Stewtory FONgl:and New Construction RROF RROF' -Requirement Diggefed) X• Rehab. ' X1 Xz Non- Consbuction/Expansion X Publish NOIIRROP Housing {SteirffQryr7equirernent Single Family Rehab . X Mu&Famay Rehab Xi Xz New Construcffon X E omeowineiship Assistance X Affordable Ho Pre -Dev. X Capital improvement Handicapped*Access X Pubic k5liifies X! X2 lrifrastgroture. X? X2: .. Public Se;vre" = Empfoyrma. X Crime-Prevention X Chi.d'Care X Youth or Senior-Servlces X S t We Services X Type of Publication No Public NoNbiic Nv Public Nofieeft "'Pu13m Notice/No, AtofoNo Ikkpo(*Stewtory FONgl:and RROF RROF' -Requirement Diggefed) NOURROF ' Or Publish NOIIRROP • • {SteirffQryr7equirernent i'rrgg0W Estimated Time Frame (Ekdyding 39A5 Days 30-45 days oa t)ays 90 wys .TrJggeied Stelufes} Minimum. Xt If for continued use and change in density.(or size) of less than 20% Xz Change in density (or size) of more than 200/9 Exempt Exempt Activities CENST Categorically Excluded and Not Subject-to 58.5 CEST Categorically Excluded Subject to 58.5 - *"" EA Environmental Assessmenf {Format IQ 2 IMMAMWADE COUNTY AFFIDAVITS The contracting individual or entity (government or otherwise) shall indicate by an `X° all affidavits that pertain to Ctrs c6iltract -and shall indicate by an' W W affidavits that do not pertain to this. cbntracc€. Aii biank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP • DISCLOSURE AFFIDAVIT; MIAMI -DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADS CRIMINAL- RECORD AFFIDAVIT; DISABILITY NON- DISCRINNATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shat[ riot pertain. to contracts with the United States or arty of !ts -depaftents or agencies thereo f, :the' State or any political subdivision or agency thereof; it shall- however, pertain to municipalities of the..State of Florida. All other contracting entitles or Individuals shall read•carefully each affidavit to determine whether or not it pertains to this contract. r �■ r "t1��1 Yt • �• being first duly swam state: Afflant The full legal name and business address'of the person(s) or entity contraction ,6r. transacting business with Miami -Dade County are (Post gfiice addresses sre• not acceptable): name eFtntity, rnaividuai(s), Partners, or Corporation Eioing.Busineis As:(Ifsame is•abouva, feave•blank) (91 to 3ur1 ).v% - sOdvx MiO..Wl i Street Address City L State Zip Code NIA L MIAMI -DAt3E COUNTY-OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.9 of the County Code) 1. If. the centract flr business transaction is With a .corporatiori; the full legal name and business address shall be provided for each officer and director and each stockholder who -holds directly or indirectly five percent @%) or more of the corporation's stock, If the contract or- business trairsaetion •is with. a partnership, the foregoing infor6istioh shalt -be provided for each partner. It the contract or business transaction. is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The forgoing requirements shall not pertain to contracts with •publicly: traded corporations or to - contracts with the United States or any department or names and addresses are (Post Offices addresses are not acceptable): Full Legal Name Address Ownership % ' Q�o Page 9 bf 5 2- The foil legal names and business address of any other individual (other than subcontractors., material men,.supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County. are (Post Office addresses are not acceptable). 3. Any person who willfully falls to disclose the information required herein, or who knowingly discloses false information :m this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. Ii. MIAMI -DADE COUNTY EMPLOYMENT DfSCLOSURE AFFJDAVAT (County Ordinance No. W -133, amending Sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof -which involves the expenditure of ten •thoissand. dollar. ($10,000) or more shall require the entii,y.contraciing or transacting business to disclose -the• followiirg. information. The foregoing disdosum 'requirements do not appiy fo contracts with the United States or any deparirneiit ar agency tlieredf, .the State-pr any polittoal subdivision or agency or any municlpsdlty.of°this State: S. Does your firm leave a collective bargalning agreement with its - employees? ' Yed No 2.. 'Does. you_ r firm provide paid•health•dare benefits for its employees? Yes No 3, Provide a current breakdown (number of person's) of your firm's work force and ownership as to race, national, origin -and-gender. •White: Males Females Asian: Males Ferrrales $tack: Males Females American Indian: Males Females Hispanics: Males Females Aleut (Eskimo): � � • 'Males Females. Males Females Males Females !!I: AFFI1:tMATIVE ACTION/NON- DISCRIMINATION OF EK11PLOYMENT, •- PROMOTf.ON AND PROCUREMENT: PRACTICES (County•Ordinances 98-30 codified at 2 -8.4.5 of the County .Code) In- accordance vrith County Ordiriarice Nb. 98-30, entities with annual gross revers ies.'in -excess of $5,000;.000 seeking to contract with the County shall, as condition receiving a County contract, have 1) -a written affirmative action p.ari which sets forth the procedures the entity utilizes to assure that it does not discriminate inI its employment and promotion practices; and :i) a written procurement policy which sets forth the procedures the entity utiirzes to assure that it does not discriminate against, minority and women - owned businesses in its own procurement'of goods, supplies and servicess. Such a6rmaUves. action plans and procurement pofcaes shall provide for'per.odic review to determine their'effecfiveness in assuring the entity, does pot .dtsc rimirrate in. jts employment, promotioh and procurement.,practices. The foregoing netwithstanding, corporate entities whose boards of directors' arc representatives of the population -make- up of the riafi6n shall be presumed to have non- discriminatdry bmpfoyment- and 'p�ocurbment'po icles, and shad not be required to have written affirmative action plans and procurement policies irr order to receive a County contract. The foregoing presumption riay be rebutted. The requirements of County Ordinance-No- 58-30 may be waived upon.-the written. recommendation of the County Manager that it is in the best interest of the County tv do so and upon approval -of the -Board of. County Commissioners by majority vote of the members present Page 2 of 5 -The fun does not have annual -gross revenues in excess o€ $5•,00010001 The firm does- have annual revenues in excess of $54000,000; hawever, its tbarid of birectors fiRr►•,a�ksr3 toil Vii?.,. pi..q. �. of the i�ar.; 1�t s teAd'a men, fisting of its hoard of Directors, lholuding the.race of ethnicity of each. board member, to the Countyf's Department of Business Development, 175 3�JV 1 Avenue, 28' moor, Miami, Florida 33'128. The firft has arMU21 gross revenges in excess of $5;000 000 and the frrm does %i►e.avrritfen afflrwtitive action plan anti prgcurewent 1x0110y as descdbed above, which kictttdes pedO&c r-6view to- deterrxtirre et%ctiveness, -and has submi€fed file plan and policy- to the County's Deparfrnent of .. usiness Development, 175 NVV -IdAvenue, -2e Ftaor, Miaitlf; Flcitida 3312Z. The firm does not have: an affirme ive action plan andlor a procuremetif policy as described abOve, t7twhaa bey armed a W�ldal: IV. MIAMI -DADS COUNTY CRIMINAL RECORD AFFf;3AVIT (4ection 2-8.6 of the' Coonty.C6de) The•• individ or entity eniedng• into a contrad• or recelving funding• frgm t4d Count' hag.- 1:! ! has not•of the hate of his affidavit beea- convicted• of .a €w6ny during: jf�e past ten (1.0) years. 41 if 11illAfllli -bAbE. EMPLOY 4NT- .DRUG10ANt V 6t XPLACE AFFIDAVIT- -(060A t�rdfreiice no. '3 15 codified- a's Section 2•• -81, of the Co,0 " Cods) That fn comptfanre:wiih. Ordinance No. 62.4.5 of tfhe• COde.ef Miami - bade - County,. Florida. -the above named`peisaii.0 entity -Is provid<rig vdrug fret warkplace.' A wtiW i statemenfito each employee shalt, ihfc;hn th& efrtpl'ayee' abqut: 1 ' ba%iger.of'drug abuse'tti:iEie virdrkpiace •2 The firm's poiioy of raairttaining zt.sfi3ag -free er[vireinmerai at:all �ior;cplages: -3, Aiiailabiiity of drug.co4r1sel1` t abilitatfon -and• einployae assis €ante progtsms 4. Penalties that may be imposed •u` oOn..employees for drug abuse •vialatfoh;; The person or.-entit .shgH.aIso require art• emp'Qyee to.sign a statdTnenf,.-as a g0M1gbn •of . employment that the employeo wifkabide bythe.teriris.and notify'tfie eiY pioy6r of ate - criminal. ' arias c6hvicfion-occuriiri0. no'later than,'.fni� (5�'dayS'.�iter recaivirig;riofiaa Qf such conrri ion anti_ impdse .appropriate •. personnel • action against :t he employee. up.- fo and = inotuciirig tei'niinatfon. . Cornpliance with- Ordinance. No. 92 -15 may lie waived if the special. characterlsiics, of the product or• service: offered'by file person of entity rhake it necessary for ire - operation of the County• or for *the healtfi,,safety, welfare, 'ecenomic benefit's ar4 well -being of -the `u Re. Contracts invoiving finding which Is - provided in whole. or in part by -the United Stags. oi' the State of Florida shelf be exempted from the proAsions of this Ordinance in those Instances where those provisions ale -in conflict with the requirements of those gotretiime•'rit entices. Uf. 11ii1Af j- DAD € -EMPLOYMENT FAMILY LEAVe AFFIDAVIT {County Oindinaatces Nd' - 142 9f codified as Section 12A 29 ef. Seq'ofthe Cour)ty+ Code) That in compliance with ordinance No. 142-91 of the Code of Mfamf -Dade County, Flor*t, an employer with fifty {50) or more employees worNng in Dade, County for each working day. during each of twe* - (20) or 'tore calendar wofteeks, shA provide the following: friforrnation in compliance- with all items in the aforeiientioned'ordiriance: Page 3 or 5 Art ernployee who has worked, fbr the above firm. at, least one tt3 Year 'shalt 'be entitled to ninety (90) dais Qf f4mily leave during any twenty- four(24) M nth•period, far tedicaitiCeasvtts, for the birth dr.adpptiort of a child, or for•the, care of a child-,: spouse pr otter close relative who h o.r r�n,to �aalt°e ri !ti�?!1 t�? - rt :':`.t: 4. i--- Mat �f e��ioye-r �et�r�tiorr. The foregoing mquirerments shall - not pertain to ' contracts vAth the (in" Stales or any depatfinent or agency thereof, or. the State of Fto,644 or any pollticaf subdivision or agency thereof, if shaaf however, pertain to. murdcipaliEies of this State. VII: I3iSAt3i1.ITY NON- D1SCRIVII �IATEORAF�DAVE7 (County.Resokttion R385-95)' That the• abdi►o names firr6j corporation or. orgartt cation is in cornpliance-.vuith the agrees to continue to comply with and assure that any subcontractor, or third:pMY'. contractor winder €his project complies wtth all .appiicabte'rec{il(rements of the laws .listed: ielow' lnciuding, -but -not lirnAed. to, fi+ a nrovisions berta €rung to • impleyfrtent• p!`�visivns os programs a� services, transportation, comcriunfcations, access to.faoiiitfes, reriovatlons; and, pew construction in. the f4liowing taws: The. Americans -vgith• Disabilities Act of 1$90 {Ai;Ai Futsslfi iA'i-33C, 104 Stat 327.42 U -S.C. '12141 #.12213 and 47 U.S,C. Section 1612;•The.Fair �Sousirig A� ss amonded, 42 U.S.C. Se -c6d. t 360t- 363'{-. The: foregoing mkluiremi gnts shat, not- pertairt,to contracts weth the Udlted• Siatea or;' any d. epartrh4nt or' aggriey .thereof, the• State ••or any poll cal• subdivision or agengt.ttielaptar''ai y, rdbrild02it#y'9fthis.State,• :14lit: MIAMI-DAbl -iCO(JW -eY-. REGAPbf? G 06i -I tPMjT• AUD CU# E Ef '" €JUG° 't `irES OR TAXES .(Sao: 208.1:(c)• bf tied bounty God'e). Except for sm all' ,purchase orders and. tole_ source contracts,_ float itbove.natfted ffrtxt, corporatlon, Omar =tion or. divio0al desi�ing•to.traftsact business'or enter a cobtraa- VAth-the County Verifies alit. -11 deist iquetit and coin ently doe £ees or:talces - .fri6l6d!nq fiut.rtaOimlted to resE .arsd ptopei#y'.#dXes, ' utility taxes. and- .gcoupaiionat' licenses. -- w. are_ collected': the normal • •course -by the ; Dade Gounty. Tak Collector' as wail as` Dada : County: issued' parking tickets for. weh!614e rr;gisterecj in the name of the fftni, corobraifcrt,.:drganization or- iridtv>dual Slave been paldd' ZX CURRENT OWALL COUNTY GCONTRA-CTs-, LOANS AND OTHER OBLIGATIONS The IndlMotial entity' .seeking to 'transact; • business. -with the' ;qyi ty is ctirren# . in aEE its obligations to the.:County and is not otherwise.Ja default or any cflWa'A:, pi0iissQry note or other• loan -docuimeniswifla the•Couniy orany of its•4oncies-or instrumentalities. •X. PROJECT FRESli START-(Resoiuflon• R762-98 acid t68 -99) Any firm -that has a' contract' Huth the County -that results in actual payineht of $500,000 -or more shall 06titdbute'io'Project Fresh Start, the County's Welfare to Mork initiative. ktowever, if five percent (501o) of the Arm's work force, consists of individuals who reside fn Nliaml -Dade County and who have lostor will loose cash assistance benefits (forrnerly Ald,to 1=Wies with depender5t , Children) 'as a result of the Personal Responsibility and W6rk • Opportiunity Recoitdliafiori Act of 1996,. the •firin'tnay mquesftiediver from the -requirement of R-702098. and. R- 358 -98 by stabm' itting.a waiver requesfaffrdavif. The foregoing requerement does no# pefain to 9overnrnent entifies,. not for profit organizatlons'or recipients of grant awards. . . Flage 4 of 5 .,...+w...OM t C e; v ,,,!or, 1p ri r�, ; ed # �1�- # : Sec? r tine Wami -€?ade Count Code}. The to' do- bti�;igess, with the• - corm is in compliance with i7otnesfic Leave E3rdinance. Otd'marrc.e 9g-5% d edfied at 11A-6.o .et. -S�q_ of the iG. ttmi •Dac% County Corte, which requires a4 ,efnpl6yet' which tfas to the mgW6r course -of business .emplgyees WGiicitt� irt' a ti- t3ade,Cciunty f6r each•w��rdcirt da' (50),- -or more r•nore•plendar w&k. i wilts•ih.tM eu g X eats;fiwdriV (20) or t or.proc eeditig c�efjoa ' �eors,_ to'pro le Dottzestic Vsotence Leave tG ifs employees. I have C�Mf ity read-'this ontl -re tive 0) page document eptit%d t4rllal -Dade COVnfy ,4ff�davifs and have 'n!t"- t? :bv an "?C a�d%l %its that be"A n to his,centra anc! have *`.ridicat°d by an 'NIA' alf ifdavits that do' not,Pedaln•td this•conttaa By. (Siena o of.A{farat} {date} StiBSCRfSI=DANt ORlaf'iY?•(oraftirfn w9i cite his ^clay °€ H J-tte• is pemhailfylct owp to me orbas - •ii�'esented' • • ' ° - as:ider�fi•EaOorj, ' . _ (lypq -0f laentiiicaiion) {u tta bFNo Pry } fStia7'tVtirnber} . MY'tGAA.PAYr�tE OMMM �05Sf0A15DD714025 . 0ondnd NoraryPbdr$ra <I?iint•of 3taliialj pirat!061.13 te} Notary Public — State cif t'ate) Page 5 of 5 itozi jrosasidx3 9emoda uoass{wwoo AW a JaPuexQjv ajie4s Al ePPoij ;o aleL%S ttincd M�WN 3,,, olp • talelS} IeaS AlqoN jo dare ;g — oygnd tisloN - (ama uoiwgoza) {h2 o�N 3a dtve}g so ;upd) Nj�� (lagEUnN IeueS) (AIDoTV �o augsuSlg) lei <. o!teo&? ?Pt30 T5:� •uogp "Pi se pa;uosa±d seq ao 3w o;- UMou�lgjeuosaad si agSjaH - A OZ 1 j'�o dep sltD ew ajoje4(Pau)lue.to) p1. 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ISMOIN1 A0 S131 1AMOO QNV'1MKV11AdG11itVC-U44V DE VELOPtWS AFFIDAVIT THAT MIAfM -'DADS C0iiNTy 'TAX€S, FEES Al'ID•PARKINO TICKETS HAVE 8EIN PAW (Section 2 -8.1 (c) of the Code of Miami -Dada County, as amerided by Ordinance No. OE3 -30) • a:td -THAT DEVELOPER.' NOT IN AR12EARS TO THE COUNTY (Section 2-8.1 '(h) of the Code of iami -Dade County, as arnerided by Ordinance No.00 -670 1, .ec;6f- being first duly sworn, hereby state and certify that foregoing statenients are true and correct' 'f. That t am the Developer (if the Developer is art individual), or the 0_ HA (fill in the title of the position held With the Developer) of the Developer. 2. That the Developer has -paid aft delinquent and currently due fees ot taxes (including but not limited to, real and personal property taxes, utility taxes, and occupational taxes) . collected in the'normai course by the Miami -Dade County. Tax Collector, and County issued parking.tidkets for vehicles registered in the name of the above developer, have been paid. 3. That the. Developer is not in arrears , in - excess of the enf0demerit tlires.hdid under any : contract; ,finial: non- app6dsabhl tiidti lent, -or lien with MiatnfiDade _ Coin t , ar arty of -its ager ales .or •instrumeriW144 si 'indl't atitig: the Pub is tieglf l Trtisi, either idirectiy ••or.indirectly through a• -flfrrt, cor}�gratfoti, .partnership or joint venturer in Which..the •Developat has a cc)ntrolling. findne4pl* •interest:. Fof :purpgses hereof, the. temp 4enforcerne' threshold" means any. arrearage Einder'any individual contract, noh -appeal able. judgment, dr•.ren with Miai ml- •t3ade County that exceeds b- 5,006-And fias been delinquent for greater than 180 days. For purposes ' heriof; the . term ".arritfolling finaa�cial interest' lrleans ownership; directly or indirectly., of tell parceirt or ri?ore of•ttie outstartdfng capital stock in any corporation, or a direct or indirect interest of ten percent of more in a'firrrt, partnetstiip, or other business entity. By, �Q[ernPf i LD , 20 i o Signature -Affiant Dafe . -. •• .•�,es.'��,.r �ir�l�ite,•.�h.� • _ •�igi.(rx•o�oio��r3r i i. �_ r Printed Name of Affiant and Title: C �1 Fedarai Employer Identification Nurtrber �0lob_ vn%e} -AdQ, T' Address of Firm Ila- SCRIBED AND SWORN TO (or affirmed) before me this 1x0 _ day of1C.g.Y 26, , 20_.M_. He/She is personally known to me dr has presented as identificalion. r Type of Identification of Print or Stamp-Name of Nota •� ry ! Notary Public —State of t- Vl Microsoft Word/Affidavits 20061Revised /mdm -01 -04 -2006 NKENGAA. PAYNE MY COMMISSION 0 00 714625 EXPIRES! Oc Mer 5.261 t E Notary Seal FORM A -12 COML OF BUSINESS ETHICS In accordance with Sec ion2 -8.'i (1) of the -Miami -Dade County Cod;b,. each person or, end that seelcs.to do busihess with the County shall adopt a Code of tusiness 1 =thics (°Code') and shoii,. prior to execution 'of -any contract between the con tract6f and the County, submit ar± affidavit stating that the contractor has adopted a Code that complied with the requirern6nii of-Section 24.1 (i) of the Miami-Dade' County Code. Any person or enter that tails: to su4.niit; the required affidavit shall" be ineligible for contract award. The Code of Business Ethics shalt apply to all business that the contractor does with. the County and. shall, at a minimum, require that the contractor: • Comply uiritts all applicable governmental rules and regulaff6ni including , among others, thia. Mfarril -Dade County'Contiict of interest and Code of Ethics Ordinance and the -False Claims Ordinance. Comply 'with all' applicable rules and .regulations regarding Disadvantaged -Business - Ent rprises3 Black Business Enterprises, Hispanic. Business Enterprises. acid -Women: t3trsiness Enterprises (hereinafter .colldctively Miribrity, Business. ttterprises, "MBF, -'l anti Community Small:' Business Enterprises (CSBEs), aad sliaA sped' EaII prohibit the following = citcos: o -Pa"rbugti , f 66girenlents. The Code sba1G--pfohibit pads thfoughs whereby the pr.m* -WO requires 'that the M9E or CSBE. firm. act ept = payments.. as a •9 BE or. CS13E , and pass • through those payments Qr• a • portion .of dose payments to another entity indlWing; but not-Hrnited• to the oyuner /apgrator?v #I�e priirte#iim; o• RenfalS tiace.• aiftment -or FlatOverh dad.17ee Rea uire�err[s The:Code W 2C 0 M611 -Prohblt ,retrtal •spice tequirernerits, Equipment. regiiirernen #s; and /or flat.overfread fce:rOquirements, vrhereby. the prime firm requirss ifie Mat dr .C86E -firm #n rent space or equipment flom .tYie. prune firm or charges a feat overhead fee.-fof the vise of space, equipment, secretary, etc. . S #a lrig - Redulrener;ts. The Code shalt prohibit the • prime firm from rnanda'ting•, as.- ;cot�dMon.to inclusion• in tho.project; #hat.a-IUIBE,or"CSBE Wire., fire, or.prord -ote, certain individuals not em, p'toyed by the prime firm,.or ufitize•staft empto-yed 'Pr previously errbployed by thl pi`lrrie'firm. MBE oi• CSBI • Sta#' Utilization. The. Code. shall prohibit the -prime firm from 'regWring the MBE or CSB-E firm to provide, more staff than is -necessary.arid then utilizing the MBE or CS3E. staff for other work to be perforined by ther•prime firm. r-rauaulentty cleating operating or rep esenting MBE or CSBE The Code shall prohbit a' prime firm including,' but. not limited to, the b-Wriers/operatdrs ''thereof = front fraudulently creating, dpeiating or representing- an . pt'tty. as. a MBE or GSBE for purposes of qualifying for certfcation as a MBE'or CSBE. a The Gode' stiatt also ' that on any contract where MBE or. CS participation is purported, the contract shall specify essential terms including, but hot-limited to; a.speciiic,statemerit"regarding the percent of participation planned for M;3Es or CSBEs, the timing of payments and when the work is to be perforriect. : ` ® The failure of a- contractor to coiWly uiidi-its Code of.'Busi66ss �Wjcs shall render -:y contract bebxreen the • carntractor and the County voidable, and st:bject violators to debatment from future County work pui�uanf to Section 90- 38(h)(2) of !6e Cod. -- The hgsPector General shall be authorized to Investigate any alleged violation by a •cort actor of its'Code of Business Ethics. L7Z1 Slgnature•of Afflant Date printed• Name and TiVe o Af fount edeMl Employer identittcation Number Address of Firm ... ' ' ' SUBSCRIBeD AND SWORN TO (of a fnned) before MOWS. i iy'.of k ,20 �0 Ho/She Is.peiso6alIy khoWn to the or has presented as Identiffeaiion. Type diddoffiea6m SignaM ry' S.erial.Number NKENGAA.PAYNE MY COMMISSION M714025 ' . • E'IRM. OdoberA 2011 • - �;�, eonaeanwNaa+vPutrACcntderwiaes Print or Stamped Narrie of Notary Expiration Date Notary Public, State of COLLUSION AFRDAWT' (Code ofAMPH -Dade Cotst t 4ecfion.2 -8.1.1 and 10- 33.11(Oratnanee - No. 08 -10,1. BEFORE ME�. A i3OTARY PUBLIC, personalty appeared T_ch Y' r I. Ci t � who being . duly sworn states: (insert<name of afftanf)• I •am oven id years of age,, have persona} knowledge of fife. facts 'stated in: this afiidav� ' and t am fiat owner, officer, director, prindpal shareholder.andlor t arri ofherwpe authorized to' bin&the bidder of this cdntr-abt f s'tWte urai Uia uidder of ihis•ixrnifact is not MOW to any of the other parties. bidding-In the compeffive,so;fcfttion,: and that the COritrat:tOr'S. proposal. i,S .genuine ,arid not sham or co1usive 'OF mad 6' in .the interest or Ora• behalf df arty: person ndt tttei'eIn namgd,•add tfigetW contractor fins not. dirty of indkec#iy. induced or soiiciteA any other proposer to put in a sharit pwpasai,'ot*any outer person, firri't, or.cOM.0rattou to refrain Wvm propasint ,.arid Mat-We proposer hash in.dpy mantat±r sought icy co }itisior:fa seirre iffte ppopciser an advatit9e bveF naytEierpiapoer 'i�zreiated. to. -the W66, bid-in, fat$ soiieifeteoA 010 �i�:i�rl�fieci and listed below, Elate: l�,ny.•petson -or On#ity that faits Ao :submit• this•,eiecutei d afftQ nit shall ire irttiiigibte for ccin#ract .a}nrdrd; •fin. the' e - Ot fi .rec sYarri6tiiit'i#• .contractsSr iclerttlfi ,. 'taeiafad parties ih .#tie i petiflve•solioit~afrort lfs but. shall tie presumed #a tie- couusWe and lha ttcsirFimended.contiactOr shaM be 146ailbie for�award• util a sus t fiort: }s. re etf'6yiaYesertiaiiop'ot ev�ctettce a's'fo tiid:,& teia bf awtigrstiigt cs3titr�} attd tt�atiageniefii of sucfi:ieiaied pfirttes•ecr d.'Pr&para4on and. u txiita} of str i.ii}cfs br.pro �sfiis;'l2e}fiYed pattiesshat}:nieah fiidders or-piopdset3_•oF the :prinarsals, corporate riffceis, ate tnattagers thereof yvhicir.':ftaye .a &qcf ,6Hndirect ovttiersh}p is�teiesi in: attpt eritidi3t3r •prtiposei for i i '•sarEte agret:ritegk o> in.vvaticft a pan t.cp pany•or Elie prina'pais ifiaieot of.�pne• ($) bidder;or prapcist;r have a direct o iad'irr :dwrit3rshi0 interest: in 'ahother iiiikter'dr proizoi; tr for the -samd a1 g' m Bids or.rttbpbsAls found to tie ccllushm snap be rejecfeii. y f Bit (l�C 2Wi �jer' 1 2© f d ' Signatur+e ofAtfrant Date Printed Name ofAhiant attd T Federai rrt010yet ident- Ifrcation Numbei Printed game of Firm Address of Firm UMpuacnc A=aWUMumaury SUBSdRIB it At4D SWOKN TO {or afi;7n d} before me this'd day Of 20 WShe es personally known to me or has pretented as IderMcation. - Typo-of identification Sign a of N E MYCOMSIQN Do itao25 ertal Altsrnber • Rr�htor•Siatrtp Name o EXPIRE k w°�`5 i� kation-Dafe Notary PvbUc —.Slaw of Notary' Seat • SIIJ YAC7UGE ADD6TIDVbi RcvaedVliA? s t CERT CATION REGARDING LOR)EkyMG G=n_.'eaus ant# 'Cr;cper-at?ve Agreelnents. ne a(ndersigned certifies, to the Ifest of his or Tier knowledge .and belie, that: 1. No-Federai`appropriated fimds have.been paid or will be paid, by or on behalf of the undersigin4 to _auy person for influencing or attempting.to influence an offcer'or employee of an agency, a Nfebinber of Cbzigtess, an ofder pi. - 6mpitlyee of Congress, or an employer; of a Member of .Congress in connection with the awarding of any- Federal contract, the making of any Federal grant, the nudd ig of any Federal loam . the ' entering into of any cooperative agreetnEnt, and the - eittension, continuation, renewal, amendri ent, or mod cation of any Fedeera1 con!rtccf d'-�-nr t*-. nr .cooperative agreement. 2. If any- of the fands. other than Federal appropriated fimds.have been paid or.will•be paid to anx person for Mucnciug -or attempting -to enflueza4e: aa' affce or employee of'amy agencyi. a Meraber of Congrest3 an officer• of etpkiniee .of. Co, ngress; or. an empl;ip; of -a 1l &fiber of Conk M6.in.conn�ectioni•wa�ti'i-N§ Fedbntt---ci nlift gt, i.mt,.• loan, oir,cooperat$ve nireemeirk, the ianiiersgnel :shall eoinpleie aici,titaiulard LLL., `disclosure Form'• ta• report' Lobbying;" isz ` sceoxdartee; wiff"its instructions, 3. "i'he undersigned shall regairc #hat tiie.laugua-Se of 'this certification be included an the.award documenfis :for aik subawards.at aR -tieis ( inclbdingstibcontracts ;.subgxants, and contracts*iiuide� rants, Loans; and•.cooperati a agree3xfcztt iii - excess of.$ OQ,000) and that all subrecipients shaii•certify and disclose accordingly. 4. This .ce#ific a#6n is a ihaterial representation 6f fact'uporx which reliance was placed when Us transactioi;< vvas grade or enterad jaw. Subznissian,:of thin eertifrcWon -is a preregtrisite for snaking or entering, into. this tzansaWon axppgsed •b3 section' 1352, . title 31, U.S. Code. Any person,wh� tails to $ie the'iequiare'd- certification. shalt be subject to a civfi- pemiv►.,of not less thaid- $10.00 arid.net:ixiore Heart $Wb,000. for -each such. failure. Ry: Print: o vfi� 'i /ec�mr 1-kire�bi lei . ►� ✓ (Print PTitm@ of Firm and Authorbxd Represenistive) ' Title: L C A aw -Date: npr.� �iP X0.10 0-%A D� govt WMA t Agency Name DISCLOSURE ABOUT RELATED PARTIES - pwxWr 4, join Date THERE ARE NO BOARD MEMBERS OF THE Cs n (Agency Name) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH s�o 4 s . (Agency Name) OPERATIONS. By: I e tAbi �2 { F . C mano'. tr es_ xgnature o Affiant Name and Title of Affitant , � LrVINI G WAGE REQUIREMENT (Miami -Dade County Ordinance 99 -44� Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 9944 and Section 2 -8.9 of the Code of Miami -Dade County shall apply to all service contracts involving the expenditure of over $100,000 per year for "Covered Services ". "Covered Services" are the type of services purchased, by the County that are subject to the requirements of the Living Wage Ordinance which are one of the following: (1) County Service Contracts (i) food preparation and/or' distribution (ii) security services ('iii) routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) clerical or other non supervisory office work, whether tdmporary or permanent (v) transportation and parkingservices , including airport and seaport services (vi) printing and reproduction services (viii) landscaping, lawn and/or agricultural services In accordance with Miami -Dade County Ordinance 9944, all Service Contractors entering into a contract with Miami -Dade County to provide Covered Services as described above shall pay to all of its employees providing such Covered Services to the County a Living Wage of no less than $8.56 per hour plus Health Insurance as described in the aforementioned ordinance, or $9.81 per hour without Health Insurance. Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of Health Insurance must be submitted to the County to qualify for the wage rate for employees With health benefits. The Service Contractor shall also agree to produce all documents and records relating to payroll and compliance with this Ordinance prior to award of a contract as a result of this solicitation upon request by the County. If records reflect that the Service Contractor is in violation of this Ordinance, the County has the right to sanction the Service Contractor to include but not limited to termination, fine and suspension. This Ordinance encompasses various responsibilities that must be accomplished by the successful proposer such as record keeping, posting and reporting. Upon the award of this contract, the successful proposer must be prepared to comply with these requirements as outlined in Ordinance 99 -44. 5/01 I of 2 FORM A-1 I MLAMI -DADS OOUNTY, FLORIDA NEANff -DADE COUNTY LTMC 'WAGE AFFIDAVIT (Ordinance 99-44 and Section 2 -8.9 of the Miami -Dade Cowry Code) Solicitation No.: Title: -Movya P U ov* f �1 @,tt (,iB (_ �Ov►�?lr t x- t _ Irih i le ph - 9- being first duty sworn herdby state and certi in compliance with Mir am'- _ fy p i Dade County Ordinance 99-44 and Section 2 8.9 of the Miami -Dade County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage required by Miami -Dade County Ordinance 99-44 to all employees assigned to this contract. The bidder or proposer further understands that the current living wage applied to this contract is $8.56 Or hour plus health benefits as described in the ordinance, or $9.81 per hour without health benefits. By: Signature of Affian 1cttbLf Ito 20 10 Date - (l of v�o i 13 �! i Name Address of Firm 'SUBSCRIBED AND SWORN TO (or affirmed) before me this V1 day of b6RJV 20 jo by _ Y l u G.l� . He/She is personally known to me or has presented Affiant `�--- --�-"' as identification: Type of Identification o €Notary Print or Stamp Name Notary Public - State of c- Rev. 1120100 MY COMMISSION # OD 714025 EXPIRES ,. Ootd)er6,2011 2 of 2 Date Notary Seal FAIR SUBCONTRACTING POLICIES (Ordinance 97-35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami -Dade County Ordinance 97 -35, the Developer submits the following detailed statement of its policies and procedures of awarding subcontracts: Flume. Set Aa ched AD(_ .rne1C- . I hereby certify that the foregoing information Is true, correct and com lete. Signature of Authorized Representative-, i Title: �T�Ou'�0.�21 Date:,'Q�r2+rnbeS' i�� o! a Firm Name: OE cSovt"..% ni0'0t'% Fed. ID No: (oD0UL3 ) Address: A 1`2>O City:_ ."�" !PLk wr" .� State: zip Code: 33 VA 3 Telephone: c3LSJ b(98-0510 Fax - Eb__� L(P3- (63`4S' 12 Microsoft Word /Affidavits 2006LRevisedlmdm -0 1 -04 -2006 12/29/2010 City of South Miami Puri' li. -sinSi Policy The City Commission's approval is required on ail purchases over five thousand dollars ($5,000.00). To this end, resolutions prepared by the department requesting the purchase shall be submitted to the City Commission for approval before the purchase Is made. In the event of an emergency, approval may be• given by the City Manager pending later ratification by the City Commission. Unauthorized purchases are not allowed and considered to be a non - obligation of the City of South Miami. The person ordering the unauthorized purchase is personally liable for the costs of the purchase. Splitting of orders through multiple purchase orders for the same.goods or services to circumvent bid procedures Is improper, they are unauthorized and illegal. it is imperative that all personnel who are involved In the ordering of goods and services are compietely. informed about purchasing procedures and complies with the provisions. Purchasing procedures are divided into two different categories as follows: PURCHASE OF HEMS OR SERVICES UNDER 55,000 Using the order fgrm, the departments shall submit requests for all purchases to Central Services Office, indicating the date item is needed, if applicable, description of item Including parts and /or manufacturer's number, quantity of item needed, budget account number to be charged, and Department Head's signature. In order to expedite the process, It is advisable that departments submit three price quotes with all orders above two hundred dollars. When replacing non - office supplies item, written justification must be provided, and the damaged or.obsolete item must be submitted to the Central Services Office. Upon receipt of the order form by the' Central Services Specialist, a process of verifying the price quotes will follow. This involves checking 'the price quotes submitted by the departments with the vendors, if not written. In the case of acquisitions dealing with sole source, approval by the City Manager will be on a case by case basis, and justification must be provided. Requisitions using other government* bids will be accepted provided a copy of the awarded bid reflecting the bid number, expiration date, products and or services, and prices on the proper government letterhead is provided. After verifying the price quotes,, the Central Services Specialist will prepare or verify the departments requisition, and key in the system to request a purchase order. In cases where total goods and services obtained from a vendor in a fiscal year is expected to exceed five thousand dollars ($5,000.00), an open purchase order method will be utilized. This method consists of drafting a resolution to be presented to the City Commission by each department requesting authorization. Once the total amount of purchases from the approved vendor exceeds... More>> Next Page >> ww. w.southmiamif . gov /index. php ?src 1/1 12/20/2010 City of South Miami .purchasing Policy the amount authorized by the City Commission, a new resolution will be drafted to request new authorization. ACQUISITION OF ITEMS OR SERVICES EXCEEDING $5,000 00 The procedures for acquisition of items or services over five thousand dollars ($5,000,00) shall be -in accordance with the City Charter. Departments shall submit order form to the Central Services Office indicating items or services to be purchased, quantity, date needed, and Department Head's signature. Any of the following three formal competitive bidding procedures shall be utilized when acquiring any item that falls in this category. I. COMPETiTIVE.SEALED BIDDING PROCEDURE Invitation to bid shall be issued by the Central Services Office and advertised in a local newspaper. The invitation shall contain a detailed description of the items or contractual services sought; the deadline for submittal of all bids, and all contractual terms and conditions applicable to the procurement of the.iterns or services. Opening of the bids shall be administered through the City Clerk's Office. 2*. COMPETITIVE PROPOSAL PROCEDURE The Central Services Specialist shall seek competitive proposals from at least three different sources of supply using the specifications on the order form submitted by the departments. The vendor with the lowest bid shall be awarded the contract, unless it is determined to be a low -ball, at which time the City will exercise its- rights to reject the bid and select another one. 3. OTHER GOVERNMENTAL AGENCIES' FORMAL BIDDING PROCEDURE Bids received by other governmental agencies on sirrffar items or services that the City is acquiring may be used if the agency follows similar competitive bidding procedures set forth by the City. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL RESPONSES RECEIVED ON SOLICITED BIDS. << Previous Page Ir nrow. southmiamifG .gov /index.php ?src =... 1/1 A TA5iUMENT !i: SUBCONTRACTORISUPPUEP, ISIS' INO (Orrrnance*97 -104) . irarrr. Name of Prime Copt actorlBeveloper _ �6ytl—, c ms This fo.*.or a e6riiparable.listing meeting the requfrernents flf Orftahtd- 'o. 07 -104; MUST be completed- by the developers. on County contracts for purchase of supplies, materials or sei,ricest Q dti lng protessionat services which involve expenditures of $100,000 or more, acid 'ail gevelopers on County. or Public Health Trust constructi6a.. contracts Which involve expenditures of $100;060 or more. This farm, or a corripara4le listiric� tnee'tisnt ttte.requiremenfs of Ordinance No, ,S7 -104, iiva t be•cdrapleted•and'submitted even dough. the developer will not utilize dubdonWetors or •sgoolirs an the. contract. The developer Should. sitter•16 wbrd-ONOW. unifier the appropriate heading. oti this forts iii those instances. where no.suiicootmetprs or suppliers will. be used on the contm4t. ;Tiie •developer *ho is :awarded the contract shall not change, or.substitirte first tier subedntiactors or direct suppliers :or the portions of the contract work to be--perfoirtit±tt or materials to be' supplied from those Idoniified,•e tceptAipoil,upritten appiova! of the County. JIi!111111;1111� l�Ill�! �I§11 jijll� !11111 r s. 7 I certify that the representations contained in this Subcontractor /Supplier t_isting are to the best of my knowledge true and accurate. f F"Lir73,�.t1�, -R.—D. CL--t 1A &no,Oltr ignatiire De4eioper(s) Print Name —�. TdW Date Authorized Representative (Duplicate if additional space is needed) 13 Memott WoWAffidavits 2006/Revised/mdm -01-04 -2006 SWORN STATEMENT PURSUANT TO SECTION 287.133 (Z) FLORpA tTAT. ff!Es'ON PUBLIC ENTITY- CRIME$ THIS FORM MUST BE SIGMW AND'SWORN TO IN. THE PRESENCE OF A NOTARY PUBLIC OR O` [45R OFFICIAL AUTHQRIZED T10 ADMINISTER 1. ThN form statement is submitted �aAe_ COL40 by . gckn!� 16r owt whose business address is. .•d if' apprtcablerits kdertil Employer-rdqn0pea(l9n. Number'( M.N) 19 -&bwq i.lf the entity f=- npf Feft-hicl -the-'8rocial-�e4�gtitVnumb.6r,,of. her-Individuai sigifing t"i s.wom'%ate t *6 U., mell Y I understand triad a` tjblla -ian." grime" as dkffried in paragrpp 11.287.133(1)(g). Flion-da.8tatutbs. r-to.- Meafit; q,1AdiE0orr-6fd' itocorWeral-law.by,9 drs I . .... '....�Y`40 - person respect to-ap'�lireod�'relaiW the -t biish)io� - i � t K6 r ty. .. 0, �b 4, -with.an. fteri or of any o. erstltd or with; tho:IA.Wit _o;,Jh k kriab b d not " W T*ad to.phy.bid' or coWkcifbi goods or'derW6es4o " ' ' tit -or. a geh cyr Gr. po it, cal su bdiVision o f- anyoth6r state 0r of t66. 0i t af op aril vltlg -66t6u8ij . fraud, theft.ibribey, oolluslorij-arac4eteeing, conspiracy, or mefe6l'i.nisifif4U�f6tifiorj; .3. 1 t0derstand . ftt. "convicted'- C;r,-,Giihylct[on7 as defined fry Pirag'r'aph 287.1-33(1.)(b),. St_qtutes rnLibns a • fln6[lrig -;4- 6ulft a'pt161Jc- entity creme; wft'or without -ait pr a- cq, cnm 1 c6uh d record%relatihg to chdrges brou4yt by judication 4hdrbknent or 0r§rtnat{gti *fteKJOlq #result of ajuryveirc ndn�Uy.fiiaL'Qr.entry Of a: plea otgtifliy oft 6616-To ` id -4. 1 undbrstand. that an -AmPt9W ais",J§f -M*-'P iagiaph �287.1-33(1)(a), Opeldi. & tul ta es mes6s: 1. A prede'cessor Ofa.p e*n-c*o0V1cted of -a public, bnrdy crime,. or 2. An entity un'd'er thb .00ntrdl'of d6y, natural person who 1s.dcOve in the rrianageinent,of the entity phd whin bis -beein cbnvfcted of b public entity. crime. Thii term n. Oaftatd"'Indudes those drtotors, executives;'paitners, shareholders; employees, members, and qg6rls. *ho a re- ac&e in , 'e.'rnan6*.& of -an aifIlloth. The ownership by Q fieperson .9•ihores constituting, Gf i6obiring -interest in another person, ora-pooripj of equlp4ient - or Ihcom6 -arhong j2eisoris''..then.. hot fipr fair madmt value under ,dn atria's length -agreemdnt, sliAt -'66 ;a pn.M,.., Aidfb-ca�- *that dhe.,p&son cordrol]6 an6ther,persqn..A pdrsoh who kni:�Wngiy'ent . drs,iritd a"joint venture With a person who-has been.c6nuicted- of a p4blic entity'vitno by f9odda during thb preceding 36 months shall be considered an affiliate. , '5. 1 -tind4ttand that a `0r*S6n" •as-46:rmed'in.paragraph 287.133(l)(e). Florida Statutes means any natural person or en* drgarfted Under the taws of any state 'or of the Urged'states Wiwi* n the legal power to eater into a binding.. kconftact and whicfi b16 or applies to bid on cqntrgcts for the Pro, --W. Qff GO= C". -126MA4.. The, tenT. M.clude!5 tho—scl execL*Kwess, p—artnem, shaieholderk errirloyees, rhernbeM and agents who are active in managefnL-ntW an entity Based on infortilhtlon and beffc# tho, statemeht:Av " I h@ve marked- below. is true in relatibii to the e" submit inn' this M. statement. (Please indicate which statement appries,) ?we Neither the. efifity. submitting- swam sWernent nor any of Its officem, - ksObr, executives, -partners. shtirehd,lders,.6mol6yeas,rfiidmbers, or- agents who ara-2i 6ve,iathe nitgnilgernent of the entityj nor- any aigipite of the entity hiLs been diargpd- with and. convicted of � public, entity crime. Sulroequefit to JLYIY 1, 1089. The entity su'brnl dng Ws vqorri- statement. Qr one Dr more of *Jits. dicers, directors-, .executives, -partpers, Phiarebolddm, employees, members, or agents s-wii 'are active in- the. fnanagmentof#oqrkt4,.or-ari.�3ffillatei.of th4entltyoran afellate of thd entity had beeh -charged with and con . victed.,of a pubh6'e* nioty qfimetubsequent to July 1. .1985, AMA (pieaSo indicate which additional statem ent.apofies: qxePq0eif,,- .Partin 6 crime -determined Wit: 1(*404- pqt.:i vii •tha convect 54- brifs i.-AliM.. MSTANJIji POR I - IS PUBUG leWITY ON'L:Y A 0,61�11)Ak YEAR INFOR•THAT -PQ' CATEGORY TWO. ANY- 'iwoM. sWoment, or. one or more 6f. Its. offl*s, olrebtlbis, members; ,or apenfs: who .are' active .-in. the bw!:Pr the State- 'of frier, State' Of lrat!W Hi-piMp --dnd- the -Finqt Qrd,�r ehterdd- by tfie.�-Hep,17 Officer' 1, the,publio atorg g-tki %t . .1 " *. it-to .'Vlgde.the.dntKy sUbmitrin' Z. 6-F THIS. r-oRm. T_ *0 THE C(WTAA1bTWG OFFICER PAkG W-..H .1 (ONQ AgMe IS FORE THAT -PU9UC' . "I'S'..-O'b" K M, .114 vAUP THAO-00H " D'EdtM13t1k 3'1. OR `7h.iF_ 01111T.18,,006; 1. -AU50 UNDERM-ND.THAT -fAM'RiEQUIR'-ED"T0 - T.-ITY-PRIOR . TO . ENT=ERING INTO . A C.QNTRACT'IN ME -OF THE MOVIOtO' IM'•'8EOTIO'k 20.017 FLORIDA- STATUTES 'FOR* A w d CdNTA�& IN THIS_ CORM: ; HA.. F_ rHP-INFORMA N xr (Sign t te) SworAt.o and pt4bqcnbedbpfdre•rgetMa.- day of��6cr_ .20 Peisbrially known Or produced identiflicaullon Notary Public -State ofTbfi9k; My commission explMs. (Type of identificatibri) YNE M" -EMIkA.PA - IS-1 - X`-%., MYC0WWS"#D0714M5 A EX D InM Q*ber 6, 2011 ONErQ5 2�55�� 4-typed,or stamped commissioned of notary public)