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Res No 013-10-13047RESOLUTION NO.: 13 -10 -13047 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE FISCAL YEAR 2010 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR MURRAY PARK POOL CONSTRUCTION IN THE AMOUNT OF $200,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has a previous grant award for Murray Park Pool Construction in the amount of $756,911.00 from Miami -Dade County's Department of Housing and Community Development; and WHEREAS, the City of South Miami has now been awarded an additional grant for Murray Park Pool Construction in the amount of $200,000.00 from Miami -Dade County's Department of Housing and Community Development; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami - Dade County's Department of Housing and Community Development; and WHEREAS, the Mayor and City Commission authorize the Acting City Manager to execute the grant agreement with Miami -Dade County Department of Housing and Community Development for Murray Park Pool Construction Phase in the amount of $200,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the Acting City Manager to execute the grant agreement with Miami -Dade County's Department of Housing and Community Development for Murray Park Pool Construction in the amount of $200,000.00. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this I&h day of January, 2010. ATTEST: (2?2= CITY CLERK % ROVED: WVE/t M YOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer Yea Commissioner Sellars: Yea South Miami AIIAmerleaCAy CITY OF SOUTH MIAMI , C OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Roger M Carlton, Acting City Manager From: Carol M. Aubrun, Grants WriterlAdministrator Date: January 14, 2010 Agenda Item No.: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE FISCAL YEAR 2010 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) FOR MURRAY PARK POOL CONSTRUCTION IN THE AMOUNT OF $200,000.00; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorizing the Acting City Manager to execute a grant agreement with Miami - Dade County's Department of Housing and Community Development for Murray Park Pool Construction. Background: In 2004, the City of South Miami conducted a feasibility study for a pool facility. The study concluded with several options for a pool to be located at the Bethel Gibson Community Center (Murray Park) within the Community Redevelopment Area. The project was added to the City's Capital Improvement Plan, which is adopted annually by the City Commission, and is also included in the Parks and Recreation Master Plan. The City has completed and submitted two (2) applications for funding to Miami -Dade County's Department of Housing and Community Development (formerly known as the Office of Community and Economic Development) for Pool Design and Construction, respectively. During 2008, the City was awarded $276,000.00 for the design phase of the project. Subsequently through the 2009 Action Plan process, the City has been awarded grant funds in the amount of $756,911.00 for the construction phase of the project that has not been spent. In addition, District 7 County Commissioner Carlos A. Gimenez is in the process of allocating his Community Development Block Grant funds to the project in the amount of $160,000.00 (newspaper announcement). After submitting an application through the most recent grant process, the City is being awarded an additional $200,000 for a total of $956,911.00. The attached resolution will allow the Acting City Manager to execute the grant agreement with the Department Housing and Community Development for Murray Park Pool Construction. At the request of the Green Design Taskforce, the City has sought an amendment for LEED certification and elements to the pool project. The City has also been working with Miami -Dade County's Department of Water & Sewer and Department of Environmental Resource Management regarding the capacity of the nearby Sewer Lift Station to address water produced from emptying the pool, should there be any need. The additional . $160,000.00 from Commissioner Gimenez will help offset additional construction costs; this will bring the total construction award amount to $1,116,911.00. At the present time, the study of operation cost and potential revenue sources, which includes fees, special events and the CRA, is nearing completion. , Cost: N/A Funding Source: Department of Housing and Community Development Backup Documentation: ❑ Proposed Resolution • Letters and Required Contract Development Documents • Newspaper Announcement Regarding District 7 Redistribution ❑ Previous Resolutions and Contract Page 2 of 2 I,3:, I 1 p. �z Carlos Alvarez, Mayor December 28, 2009 Mr, Roger M. Carlton Acting City Manager City of South Miami 6130 Sunset Drive South Miami, FL 3314 Re: Contract Development Meeting Dear Mr. Carlton: Community & Economic Development 701 N.W. 1st Court • 14th Floor Miami, Florida 33136 T 786 -469 -2100 F 786- 469 -2170 miamidade.gov Your organization has been awarded FY 2010 Community Development Block Grant (CDBG) funds. The Department of Housing and Community Development (DHCD) is in the process of developing a contract for those funds.. As a part of that process you must complete and submit the following enclosed affidavits and required documents: • Agency Board Resolution (all board members must be listed and their votes) • Authorized Signature Form • Miami -Dade County Affidavits • Affidavit of Financial & Conflicts of Interest • Related Parties Disclosure Statement • State of Florida Public Entity Crimes Affidavit • Code of Business Ethics Affidavit • Fair Subcontracting Policies (with copy of procurement policies attached) • Miami -Dade County Living Wage Affidavit • Collusion Affidavit • Certificate Regarding Lobbying You must submit the completed documents to DHCD by January 11, 2010. A meeting date has been set for December 29, 2008 at 1:30 p.m. to be held at Murray Park, 5800 SW 66' Street, South Miami, Florida to discuss the contract development and project plan for your funded activity. A copy of the meeting agenda is also enclosed. If you have any questions or concerns please contact me at.786- 469 -2220. Sincerely, �t etitia S. Good on Project Manager Project Management Unit LSG:lg Enclosure (12) i c: Carol Aubrun, CSM, Grants Administrator Sonia Colon, Team Leader, PM Unit, DHCD Central File: City of South Miami -FY 2010 CDBG (Murray Park Swimming Pool — Construction Phase) and FY 2010 CDBG (South Miami CRA Street Lighting) . Resolution Number # R- 1284 -09 Duns Number #024628976 Awarded Amount $200,000 CDBG 2010 FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT Municipalitiy 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 -6345. 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, 14`h Floor, Miami, Florida 33136, collectively referred to as the "Parties." WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the Miami -Dade 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 $200,000 of CDBG funds to the Activit� Murray Park Aquatic Center (to include Swimming Pool) — Construction Phase I located at 5800 SW 66` 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. NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: 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. 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 data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. 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 Awardee. Il. THE AWARDEE AGREES: A. The Awardee shall carry out the activities specified in Attachment A, "Scope of Services;' which is incorporated herein and attached hereto, in the County or the focus area(s) of the County. B. Insurance Requirements Upon DHCD's notification, the Awardee shall furnish to the Department's Community and Economic Development Division (CEDD), 701 N.W. 1 Court, 14'" floor, Miami, Florida 33136, relevant certificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of Service (Attachment A). The effective coverage start date of applicable insurances shall not be later than the date of the Agreement execution and shall be approved by Miami -Dade County's 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. 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 (60) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the Agreement. C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the Agreement period, including any and all option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee must have the coverage cited in Attachment 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. E. National Objective In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to Low and Moderate Income Persons or Households (LMI). (See Attachment 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, IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. 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 $N /A with a deductible per claim not to exceed ten percent (10 %) of the limit of liability. 2. Progress Reports 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. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditions of this Agreement, Miami -Dade County Resolution No. 1634 -93 will apply to this Agreement. This resolution requires the selected Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to 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 1- 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 If - Fiscal Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section III - 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 April 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 shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. c. Unspecified Site(s) Objective - If the Awardee has not yet identified a location to carry out any of the activities described in Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section 11, Paragraph FA. of this Agreement. Copies of the above described Progress Report shall be received by DHCD no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section ii, Paragraph F.2.a and Paragraph F.3. 3. Annual Report (Fourth Quarter Progress Report) -The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the progress made by the Awardee in achieving each of the National Objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 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." Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that this Agreement does not constitute a commitment of funds or site approval, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review and receipt by the County of a release of funds from the U.S. Department of Housing and Urban Development under 24 CFR Part 58. The parties further agree that the provision of any funds to the project is conditioned on the County's determination to proceed with, modify or cancel the proiect based on the results of a subsequent environmental review. 5. Audit Report - The Awardee shall submit to DHCD an annual audit report in triplicate as required by Section If, Paragraph L of this Agreement, as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A -133. 6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. Such information shall be submitted to 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 II, 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 lis pendens, foreclosure action, arrearage, default, late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debt or obligation for which the Property is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. 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 The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 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 Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Awardee shall ensure that the language in this Section II, Paragraph G.1. and G.2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. H. Federal, State, and County Laws and Regulations The Awardee agrees to abide by Chapter 11 -A, Code of Miami -Dade County ( "County Code "), as amended, applicable to non - discrimination in employment, housing and public accommodation. Rules, Regulations and Licensing Requirements 1. The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with OMB A -122, OMB A -110; OMB A -21, OMB A -133, and with the applicable procedures specified in DHCD's Contract Compliance Manual, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A- 60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Awardee. 3. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess of $100,000; the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by DHCD. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6.. Affirmative Action /Non- Discrimination of Employment, Promotion and Procurement Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 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 (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R- 185 -00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R- 185 -00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and /or the firm being debarred. 8. Code of Business Ethics - In accordance with Section 2- 8.1(1) of the Code of Miami -Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ( "Code ") and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the requirements of Section 2-8.10) of the Miami -Dade County Code (Form A -12). Section 2- 11.1(d) of Miami -Dade County Code as amended by Ordinance 00 -1, also requires any county employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at (305) 579 -9093. 9. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this Agreement shall be terminated on the discretion of Miami - Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami -Dade County shall have the right to terminate this agreement 10. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with Awardee. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit 16. Collusion Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shall be voidable by the County, even if the attesting firm was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. In addition to the requirements in the Agreement, the Awardee / Department agrees to comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570, Subpart K, including the following: Public Law 88 -352 and Public Law 90 -284; affirmatively furthering fair housing; Executive Order 11063. Section 109 of the Housing and Community Development Act. Labor standards. Environmental standards. National Flood Insurance Program. Uniformed Relocation Act. Employment and contracting opportunities. Lead -based paint regulations. Eligibility of contractors or sub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 11. National Objective Awardee must achieve the following national objective; To benefit low -and moderate - income persons; 10 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 with CDBG funds is an activity which provides benefit to persons where no less than 51 % of of those benefitted are low -and moderate - income persons. 2. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 (j). 3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d) of the I iCD Act; and (c) the requirements in 570.606(d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 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, DHCD's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. 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 long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures 11 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 all applicable uniform administrative requirements as described in 24 CFR 570.502 Conflicts with Applicable Laws If any provision of this Agreement conflicts with any applicable law or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. J. Board of Directors if the Awardee is a Community Development Corporation (CDC), 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. 1 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. 6. 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 ten 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 0/6) 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% until the work is completed, Completion shall occur when a Certificate of Occupancy is issued. The County shall 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 8. Execute and record, at the County's request, any of the following documents in order to ensure the Property is used as defined and described in Attachment A of this Agreement: a. Promissory Note b. Mortgage c. Loan Agreement d. Restrictive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of leases, rents and Contract Rights g. UCC -1 Rider h. Title Insurance Policy L. Audits and Records I. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non - expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3. When the requirements of OMB A -133 apply, an audit shall be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by DHCD no later than six months following the end of the Awardee's fiscal year. 4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A- 133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on the basis of the period during which 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. 5. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this Agreement. 13 7. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 8. The Awardee shall include in all 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 shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. 9. The County reserves the right to require the Awardee to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to this Agreement and upon request make them available to the County for 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 allocability 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 Identifiable Health Information (IIHI) and /or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: 1. Use of information only for performing services required by the Agreement or as required by law; 2. Use of appropriate safeguards to prevent non- permitted disclosures; 3. Reporting to Miami -Dade County of any non - permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that IIHI /PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the customer for review and amendment, and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami - Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and /or electronic transfer of data). The Contractor must give its customers written notice a of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. N. Retention of Records 1. The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities, the Retention Period shall begin upon the expiration or termination of this Agreement. b. For CDBG assisted public service activities, the Retention Period shall begin upon the date of U.S. HUD's acceptance of 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 II, Paragraph L.1.c., the Awardee must retain all Agreement records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all Agreement records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided 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 prior to disposing of any Agreement records within one year after expiration of the Retention Period. O. Provision of Records and Proprietary Rights and Information 1. 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. I5 The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement, the Awardee will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, any computer programs, data compilations, or other software which the County has developed, has used or is using, is holding for use, or which are otherwise in the possession of the County (hereinafter "Computer Software "). All third -party license agreements must also be honored by the Awardees and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof. This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Awardee will report to the County any information discovered or which is disclosed to the Awardee which may relate to the improper use, publication, disclosure or removal from the County's property of any information technology software and hardware and will take such steps as are within the Awardee's authority to prevent improper use, disclosure or removal. 3. Proprietary Rights a) The Awardee hereby acknowledges and agrees that the County retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and /or created by the Awardee for delivery to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Awardee as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Awardee shall not, without the prior written consent of the County, use such documentation on any other project in which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works" shall become the property of the County. c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and /or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by 16 or become affiliated with the County. Such license specifically includes, but is not limited to, the right of the County to use and /or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and /or all of the Deliverables provided hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect P. Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Awardee or third parties.The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami -Dade County Inspectors General Review According to Section 2 -1076 of the Code of Miami -Dade County, as amended, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue - generating contracts; (I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j) professional service agreements under $1,000; (k) management agreements; (I) small purchase orders as defined in Miami -Dade County Administrative Order 3 -2; (m) federal, state and local government - funded grants; and (n) interlocal agreements. Notwithstanding the award. Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained by the Inspector General, the Awardee shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Awardee's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the Agreement, including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and Agreement documents, back - charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 17 Independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order 3 -20, the Awardee is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (hereinafter "IPSIG "), whenever the County deems it appropriate to do so. Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditor Access to Records Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded to 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 listed in the approved budget. 5. 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. & 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 11, 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 all deficiencies cited by DHCD within the specified period of time set forth in the report, or provide DHCD with a reasonable justification for not correcting the deficiencies. DHCD will determine, in its sole and absolute discretion, whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by DHCD in its report. S. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services requried under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients 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: ➢ 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: 1) 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 faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Awardee provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. in the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. Intentionally Left Blank 20 U. Publicity, Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development (US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Awardee shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten (10) days prior to the activity or event. When the Awardee obtain(s) the building permit(s), the CEDD Project Manager at the Department, must be notified in order to request the project sign from Miami -Dade County General Services Administration (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. V. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this Agreement from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this Agreement. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by 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. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and 21 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. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). & Fair Subcontracting Policies (Ordinance 97 -35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97 -35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids /proposals in a practical, expedient way; c) provides local subcontractors access to information necessary to prepare and formulate a subcontracting bid /proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. .. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see Attachment G). The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property 1. Definitions Property. As defined on page 2 herein. b. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 22, I ) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights. C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $750 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved 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.1., above. b. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from DHCD for $25,000 or less shall be disposed of, at the expiration or termination of this Agreement, in accordance with instructions from DHCD. C. 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 shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. d. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with DHCD within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to DHCD. This report shall include the elements listed in Paragraph 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 shall be defined as an item that: (1) has a service life in excess of one year, (2) is either complete within itself or is a major component of another item of property; (3) by definition cannot be described either as supplies or materials; (4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify the County immediately upon acquiring any capital items with funds allocated in this Agreement The County shall allow the Awardee to retain possession of capital equipment after expiration of this Agreement as long as the Awardee continues to provide the service described in the Scope of Services (Attachment A). If the Awardee disbands, becomes defunct or in any way ceases to exist or if the Awardee ceases to provide the service described in the Scope of Services or another service of value, Awardee shall notify the County immediately and provide instructions describing how the County may take possession of the capital equipment. Awardee shall deliver to the County all documents of title or ownership and shall transfer or assign such ownership rights to the County. Foreclosure of the County mortgage or enforcement of other documents shall not be required in order for the County to claim and take possession of capital equipment. 4. The Awardee shall comply with the nonexpendable personal property requirements as stated below: a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturers serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with 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. G. 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. 5. 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 570.500 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When Program Income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use Program Income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules, or any County rules or ordinance. 24 a. The Awardee shall comply with the Program Income provisions in DHCD's Contract Compliance Manual. If any Program Income provisions of the Contract Compliance Manual conflict with any Program Income provisions of this 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 long 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 II, Paragraph WA_ above, shall be considered Program Income. i. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this 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. 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 otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without 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. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at hftps: / /www.epls.gov/ 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: / /www.miamidade.gov /sba /reports - debarment.asp to determine if a person or entity is on Miami -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 it 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 applicable 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 substantive programmatic services and subject to the audit and record - keeping requirements described above, and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and a copy of which submitted to 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 furnished 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. 1 The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. 4. The Awardee shall receive from DHCD written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities 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: 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 alll 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 file with DHCD and the County's Risk Management Division. DHCD must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this 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 joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. CC. Reversion of Assets The Awardee shall return to 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: 1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Awardee shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. 2. Religious Purposes. County funds shall not be used for religious purposes 28 3. Commingling Funds. The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources, but may be included in a Development Bank Account permitted by the first mortgage lender at the discretion of the County. Iii. 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 $200,000. IV. 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 shall have no obligation or responsibility to make any payment, except those described within Section II, Paragraph Y, or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. 4. Management Evaluation and Performance Review The Department may conduct a formal management evaluation and performance review of the Awardee, if in the Department's sole discretion it is deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices. The performance review should reflect the quality of service provided and the value received using monitoring data, such as progress reports, site visits, and client surveys. B. Default or Breach 1. The Awardee shall be in default or breach of this Agreement if any of the following acts, omissions or conditions occur: a. The Awardee fails to fulfill each and every provision of this Agreement and the Attachments and fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement. b. Awardee fails to disclose all Related or Affiliated Parties and all matters required to be disclosed as to Related or Affiliated Parties to the County as requried herein. C. Filing of a [is 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 e. Any legal encumbrance on the Property not permitted in writing by the County. f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. g. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee fails to report to the County within ten (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a trustee or receiver, Hs pendens, foreclosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. Failure to comply strictly with Section W(2)(a)(1) -(2) of this Agreement. C. Suspension 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 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 Awardee shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. 30 2. Termination for Convenience DHCD may terminate this Agreement, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. 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 adjust the 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 law. & General to Termination and Breach Unless the Awardee's breach is waived by the County in writing, the County may, by written notice to the Awardee, terminate this Agreement upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions herein do not limit the County's right to legal or equitable remedies. The County may resort to any remedy for breach provided herein or at law, 31 including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. In the event the County shall terminate this Agreement for default or breach, the County or its designated representatives, may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 9. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its Agreement with the County terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other Agreements which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or 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 shall remain liable for any liabilities and claims related to the Awardee's performance of this Agreement or any breach or default, notwithstanding the expiration or termination of this Agreement. 3. Seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. The Awardee shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees. 4. Debar the Awardee from future County contracting. 5. Any other remedy available at law or equity. Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement, and the County may withhold any payments to the Awardee until such time as the exact amount of damages due the County is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Awardee shall be responsible for all direct and indirect costs associated with such action, including 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. 17 F. 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 DHCD's waiver of a provision on any one occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by 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. All budget revisions shall require the written approval of DHCD. DHCD shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 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. 3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are classified as noted in the Scope of Services shall not require a Agreement amendment. 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 shall have no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and County laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. 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 Managers 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: Roger Carlton, Acting City Manager COPY TO: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: Carol Aubrun, Gants Writer & Administrator TO COUNTY: Miami -Dade County 111 N. W. 1 st Street Miami, Florida 33128 Attn: County Manager COPY TO: Department of Housing and Community Development 701 NW 1st Court, 14" Floor Miami, FL 33136 Attn: Shalley Jones Horn, Director COPY TO: Department of Housing and Community Development 701 NW 1�t Court, 14' Floor Miami, FL 33136 Attn:. Letitia S. Goodson, Project Manager COPY TO: Assistant County Attorney County Attorney's Office 111 N. W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman, Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. In the event that any of the information required by the provisions of this Article is changed by either of the Parties after the execution of this Agreement, the affected Party shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated into this Agreement. N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 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 35 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. C. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. R. Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no affiliation between the contracting parties. It is expressly understood and intended that the Awardee is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the County. The Awardee is, and shall be, in the performance of all work services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Awardee's sole direction, supervision and control. The Awardee shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. S. All Terms and Conditions Included Conflict This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment B -1 Idemnification and Insurance Requirements; Attachment B -2 — CDBG Program Requirements; Attachment C - Progress Report and Set -Up Forms; Attachment D - Information for Environmental Review; Attachment E — Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage; Attachment G — Fair Subcontracting Policies; Attachment H — Subcontractor /Supplier Listing) contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. Conflict In the event that a conflict arises between any prior funding documents and /or agreements governing this development, the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review (SLR) determines the project's true gap financing needs to be less than the maximum award allocated by the Board of County Commissioners, the SLR amount shall prevail. Any Awardee granted additional funding for a Project, shall be bound by the terms and conditions of the subsequent funding award. U. Interpretation Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. kri V. Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. W. Corporate Governance A Not - for -Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes, particularly Sections 617.0830 through 617.0835 as amended, which are incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations hereunder. A For - Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if fully set forth herein in connection with its contractual obligations hereunder. 37 IN WITNESS THEREOF, the parties hereto have c wy this Thirty- i t 8) page contract to be executed by their undersigned officials as duly authorized, this i V r t. day of ' 2010. AWARDEE: City of South Mia BY: &4VL_' NAME: Roger Carlton TITLE: Acting City Manager DATE: Ql ;ga) 1 (0 BY: NAME TITLE: DATE Witnesses BY: (re) MD1/t/ &&M Type or Print Name BY:� Signature) Maria M. Menendez Type or Print Name Federal ID Number: 59- 6000431 Resolution #: R- 1284 -09 Awardee's Fiscal Year Ending Date: September 301" CORPORATE SEAL: MIAMI -DADE COUNTY Carlos Alvarez Mayor °00 ATTEST Dp TITLE: Commissioners AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 38 1. - ACTIVITY TITLE: ID1S #: INDEX CODE: RESOLUTION #: DUNS #: ACTIVITY # 2. - ACTIVITYDESCRIPTION: 2a — Activity Category: 2b. — Objective: 2c. — Outcome: 3. - APPROVED BY BCC: Other Funding Source and Amount: 4. - TOTAL PROJECT COST: 5. - RUD INFORMATION: 5a. — HUD matrix code: 5b. — HUD Activity Type: 5c. — Eligibility 6. - ACCOMPLISHMENTS: 6a. — Number of Units: 6b. —Type: 7. - NATIONAL OBJECTIVE: Total # of Low /Mod in Service Area: Census Tract: Block Group: 8. - ACTIVITYADDRESS: 9. - LOCATION: NRSA: District: 10. -LABOR STANDARD applicable Type of Work: ❑ Building IL Set aside units COMMENTS: D PROJECT MANAGER ❑ Residential Murray Park Aquatic Center (to include Swimming Pool) — Construction '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. Capital Improvement Suitable Living Environment Sustainability CDBG South Miami CRA 4100,000 DHCD — Design Phase CDBG FY 2008 $276,011 DHCD — Construction Phase I CDBG FY 2009 $756,911 03F Parks, Recreational Facilities rublic Nacilities 570.208(a)(1) LMA - - 4,000 76.03 03 South Miami 07 different from total units Letitia S. Goodson ❑ Highway ❑ Heavy PLANNER: .5 e C P y nopm AmmO$Ztiyi'D, amP`�y c�7'� ^m'^myimv'', LY.' y�m"aoy 0 � 0 m AAZ TOp.F'm a�CA... mr m mNO a 2..y v�x0. oa 2 m. �� o m mMmm m ze � m p0 py q,�U O-O-i O Q N N D m O O E m 9 �~V 9 OpC c p mmD 4 ?SF kz2 3 � v� .8i ➢ DAC 2 � 0 m o aY a log •� m m p O '� ➢ y4tY m O c m n yypp O 3 9 c y Umi -ni m m m y D A L (fin • �' O O a A C C O 5 t C nt m p a 0 0 0- C m m a O O �n A A �n A q q D '-1 D D D O D O O z c O 0 O O O - O f m O v � c o ' z y 0 4z -<_G O G z < v J 0 h o y z ro m p p 0 O O r y C C 0 D> G 3 _ m m 0 m I 20 QO Y A O r O C < z c z N tAii 'S m m a 2 M b m r n imh D RAi (Z1 r n ijj j �` y n 0 Y Z m ty A p < O y 0 3 b O y p z rn s O o m y zz y j OmC O 9Oc Z m< P m o -� v m LDi m N x 0 0 Zm O D T p ODC OA _ mm m q r z n m m C m y > o I a m� N` mOm o � 4Ns I OMC vmo > ;p m5c z4 -_ zmm m O n y D � yp N C c r O q x m y 4 G C A m D m D m C z m K a N O O � A A O V r 3 k t m C N x W C s 3 m m m m z y �yly N Attachment 8 CITY OF SOUTH MIAMI Murray Park Aquatic Center Construction - Phase 1 CDBG FY 2010 SUMMARY BUDGET JANUARY 1, 2010 - DECEMBER 31, 2011 - CATEGORIES PRIOR YEAR FUNDING (Pool Design) CD534C09CI FY 2009 CD535C08C1 FY 2009 Plan Amendment C10535COBC11 FY 2008 Plan Amendment CD534C09CCI .. NON-DHCD s FUNDING Total All Sources 1, Personnel $16,363 $14,500 $0 $0 $0 $30,863 ILContractual Services $259,637 $40,500 $0 $0 s $0 $300,137 s° III.Operating Services $0 $0 $0 $0 $0 $0 IV. Capital Outlay $0 $501,911 $100,000 $100,000 $100,000 $1,001,911 SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA - Design Phase $ 50,000 CRA - Construction Phase $ 50,000 $ 100,000 Attachment B CITY OF SOUTH MIAMI, INC CDBG FY 2010 Murray Park Aquatic Center (to include Swimming Pool) - Construction Phase I DETAIL BUDGET January 1, 2010 thou December 31, 2011 21011 External Audit $ - $ _ � � $ 21012 Environmental Audit $ $ - $ _ $ 21030 Other Professional- Svc ConstM ml $ - $ 40,500 '� $ 40,500 $ 40.500 21030 Other Professional Svc $ - - ��, $ _ 22350 Bottled Water $ - $ 25330 Rent Copier $ 25511 Building Rental $ - $ Total Contractual $ $ 40,500 $ 40 500 $ 40,0D Operating Expenses 31011 Telephone Regular $ - $ 31011 Telephone Lon Distance $ - $ 31610 Postage $ - - $ 31420 Advertising Radio $ - v - $ Total Operating Expenses $ - $ SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA $50,000 M IRtr! l: -EaRDE ATTACHMENT B -1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein as herein provided. The Contractor shall furnish to the Miami -Dade County, c/o the Department of Housing and Community Development, 701 NW I" Court 14`x' Floor Miami FL 33136, Certificate (s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed Valued Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). They policy shall be in the name of Miami -Dade and the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not less than $250,000 with the deductible per claim, if any, not to exceed 10% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates of will indicate that no modification or change in insurance shall be made without thirty (30) days in advance notice to the certificate holder. ATTACHMENT B -2 Community Development Block Grant (CDBG) Program A. Schedule of Units — For Awardees undertaking the development of for -sale ownership or rental housing, the description of the proposed units to be completed is as follows (to be completed by Awardee): Schedule of Units Unit Description Total Number of Units Total Number Set -Aside Units Square Feet Sales Price! Net Rent Amount _% Of AMI Effidenc /Studio $ % 1 Bedroom /1 Bath $ 2 Bedroom /1 Bath $ 2 Bedroom /1.5 Bath $ 2 Bedroom /2 Bath _ $ % 3 Bedroom /1 Bath $ 3 Bedroom /1.5 Bath $ % 3 Bedroom /2 Bath $ 4 Bedroom /2 Bath $ 4 Bedroom /2.5 Bath $ % Other $ For Awardees undertaking rental housing, the Awardee agrees with respect to the Development for the period beginning on the date of recordation of the Mortgage and Security Agreement securing the DHCD Loan, that: a. The Awardee shall designate and set -aside units for very low, low- income, or moderate income families in the configuration as described in the Schedule of Units referenced herein. b: 'At the very minimum, the Awardee shall be required to equip each unit with the following: refrigerator, oven, carpeting /tile, and central air conditioning. c. Each unit shall meet the energy efficiency standards promulgated by the HUD Secretary. d. The Awardee must verify that all households assisted have annual incomes that do not exceed 80% of the Area Median Income (AMI). The awardee must report to DHCD the number of set -aside housing units completed and occupied, including demographic information on each head of household. 1 B. AWARDEE OBLIGATIONS AND DUTIES I. The Awardee shall begin construction no later than twelve (12) months after execution of the 2010 RFA Funding Agreement. All construction shall be completed within twenty -four (24) months of execution of the Agreement. Construction is completed when a Certificate of Occupancy (CO) is issued. 2. The Awardee shall submit to DHCD, in writing, all requests for project construction start-up and completion extensions, including a revised timetable for completion of the project. Such written requests must be submitted to DHCD at least sixty (60) days prior to the expiration date of the contract or amendment. If the extension request is not timely submitted, the funding award shall be automatically forfeited by the Awardee. 3. The Awardee shall obtain prior written approval from DHCD before undertaking any and all changes to the project, including, but not limited to changes in the proposed unit sales prices or rents (as applicable), start-up and completion date extension request, unit set - aside, floor plans and amounts to be contributed towards closing. The Awardee shall send DHCD notice of such changes within thirty (30) days of any such increase. 4. The Awardee shall execute a Regulatory Agreement, Note, and Mortgage delineating a set -aside of units that is proportionate to the level of funding received pursuant to the funding sources. 5. The Awardee shall forward to DHCD within fifteen [15] days of execution of this contract an Affirmative Marketing Program to attract and identify prospective renters or homebuyers (as applicable), regardless of sex, of all minority and majority groups, to the Project, particularly groups that are not likely to be aware of the Project. The Marketing Plan should include efforts designed to make such persons /groups aware of the available housing, including, but not limited to the following activities: Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami Times, in an effort to afford all ethnic groups the opportunity to obtain affordable housing. The Awardee shall provide proof of other special marketing efforts including advertising Multiple Listings Service (MLS) through a licensed real estate professional. 6. The Awardee shall provide DHCD with a complete set of permitted plans, approved specifications, and permits for each building or unit model, as applicable, upon approval by the appropriate controlling municipality prior to commencing construction. 7. The Awardee shall provide to DHCD for approval prior to awarding the construction contract for the Development, the name of the General Contractor. 8. Prior to the commencement of construction, the Awardee shall provide to DHCD the General Contractor's Payment & Performance Bond (P &PB). At DHCD's discretion, based on the Awardee's organizational capacity, track record, and experience, an irrevocable Stand -by Letter of Credit may be accepted in lieu of the P &PB. In such event, the Letter of Credit must be issued by a Florida chartered bank or national 'ra bank operating in Florida in the amount of ten percent (10 %) of the construction contract amount, in US funds, with Miami -Dade County listed as the beneficiary. 9. The Awardee shall schedule a Pre - Construction Conference with DHCD at least sixty (60) days prior to the commencement of construction. 10. The Awardee shall provide DHCD with a written commitment for construction financing from a financial institution(s) at the time of construction loan closing. 11. The Awardee agrees to notify DHCD in writing within fourteen (14) days of any key personnel or location changes in the management company. 12. During the Design Stage, the Awardee shall obtain Professional Liability Insurance in the name of the Awardee or the licensed design professional employed by the Awardee in an amount of not less than $250,000, and shall furnish to DHCD the relevant Certificates of Insurance evidencing the prescribed insurance coverage in accordance with ATTACHMENT B -1 of this contract. C. DHCD OBLIGATIONS AND DUTIES 1. DHCD shall manage its own disbursements and act as the disbursement agent for all construction loan funding draws. 2. DHCD will monitor the project for adherence to plans, unit layout and deadlines for project completion in accordance with the Contract and the Scope of Services. 3. DHCD shall forward to the County's Risk Management all required and applicable Certificate(s) of Insurance. 4. DHCD shall disburse the awarded funding only after the Awardee closes on the construction loan, all required loan documents have been recorded, and the Awardee has timely submitted funding draw requests and relevant invoices in the prescribed manner and as satisfactory to DHCD. 5. DHCD shall notify the Awardee of any address /location changes to DHCD's contact information within forty -five (45) days of its occurrence. D. 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). For activities designed to meet the LMI national objective, the Awardee shall ensure and maintain documentation, acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to persons where no less than 51% of those benefitted are low- and moderate - income persons with household incomes at or below 80% of Area Median Income (AM[), as further defined in the chart below: Miami -Dade County: HUD 2009- -- 50% and 80% of AMI Income Thresholds by Household Size (NOTE. Income Limits subject to change annually.) 23,600 26,950 30,350 33,700 37,800 43,150 48,600 55,950 36,400 39,100 41,800 44,500 58,250 62,600 66,900 71,200 Source: http://www.huduser.org /publicationslcommdev/ /nsp.htm/ The Awardee may achieve the LMI national obiective by undertaking activities that fall under one of four (4) primary LMI cagegories: To benefit Low Mod Area (LMA) For activities designed to meet the LMI national objective category of Low Moderate Area Benefit (LMA), the Awardee shall ensure and maintain documentation, acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to residents in a particular area, where at least 51 % of the residents are LMI persons. The service area of the activity must be primarily residential and the activity must meet the identified needs of LMI persons. A service area is considered to meet the test of being LMI if at least 51% of the persons residing in the service area are low - to moderate - income, as determined by: a. the most recently available decennial Census information, together with the Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau; or b. a current survey of residents of the service area. If the proposed activity's service area is generally the same as a census tract or block group, then the Census data may be used to justify the income characteristics of the area served. 2. To benefit Low Mod Limited Clientele (LMC) For activities designed to meet the LMI national objective category of Low Moderate Limited Clientele (LMC), the Awardee shall ensure and maintain documentation, acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity in which no less than 51% of the beneficiaries of the activity are LMI persons. Activities in this category provide benefits to a specific group of persons rather than everyone in an area. It may benefit particular persons without regard to their residence, or it maybe C1 an activity that provides a benefit to only particular persons within a specific area. With respect to determining the beneficiaries of activities as LMI and qualifying under the limited clientele category, activities must meet one of the following tests: a. Benefit a clientele that is generally presumed to be principally LMI. This presumption covers abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or b. Require documentation on family size and income in order to show that at least 51 % of the clientele are LMI; or c. Have income eligibility requirements limiting the activity to LMI persons only; or d. Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. 3. Low Mod Job Creation or Retention Activities (LMJ) The job creation and retention Low Moderate Job (LMJ) benefit national objective category addresses activities designed to create or retain permanent jobs, at least 51 % of which, computed on a full -time equivalent basis, will be made available to, or held by, LMI persons. For Awardees undertaking activities to create jobs, there must be documentation indicating that at least 51% of the jobs will be held by, or made available to LMI persons. For Awardees undertaking activities that retain jobs, there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51% of the jobs: a. The job is held by a LMI person; or b. The job can reasonably be expected to turn over within the following two years and steps will be taken to ensure that the job will be filled by, or made available to, a LMI person. For the purpose of determining if the preceding requirements are met, a person may be presumed to be LMI if: I. He /she resides in a Census tract/block numbering area that has a 20% poverty rate (30% poverty rate if the area includes the central business district); and the area evidences pervasive poverty and general distress: or 11. He /she lives in an area that is part of a Federally - designated Empowerment Zone (EZ) or Enterprise Community (EC); or 111. He /she resides in a Census Tract/block numbering area where at least 70% of the residents are LMI. 4. Low Mod Housing Activities (LMH) The housing category of LMH benefit national objective qualifies activities that are undertaken for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by LMI households. In order to meet the housing LMI national objective, structures with one unit must be occupied by a LMI household. If the structure contains two units, at least one unit must be LMI occupied. Structures with three or more units must have at least 51 % occupied by LMI households. E a. Rental buildings under common ownership and management that are located on the same or contiguous properties may be considered as a single structure. b. For rental housing, occupancy by LMI households must be at affordable rents as established annually by the U.S. Department of Housing and Urban Development (HUD) and consistent with standards adopted and publicized by DHCD. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 (j). For Housing, Rehabilitation, and Construction activities, all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding its compliance with the national objective, and DHCD will have the right to monitor the activity. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502. A111aut1n 111 G QUARTERLY EXPENDITURE AND MlIAMI•DADE PROGRESS REPORT. FY 2010 M:iYi1;r i 110 151 a m rtirg o s ❑ Quarter [Jan -Mar) ❑ 2 Quarter [Apr -Jun) ❑ 3 Quarter [Jul -Sept) ❑ 41h Quarter [Oct -Dec) /Annual Report Recipient Name (Organization): Contact Person (Name & Title): Activity Name (Project Title): Activity Address: Activity Description: Activity ID #: Index Code: Funding Source: Telephone Number: Funded Amount: Activity Category: ❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities Outcome: ❑ Availability /Accessibility ❑ Affordability ❑ Sustainability S'ettron It A B C D E F G Program Income ♦ The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from DHCD. 1. Does this activity generate Program Income? ❑ Yes ❑ No 2. If yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A If yes, @ attach copy of approval letter and related documents. if no, a written request for approval to use the Program Income must be submitted to DHCD -or- a check payable to Miami - Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract. • Check Attached? ❑ Yes ❑ No 0 N/A ACTIVITY STATUS AND ACGOaMPLISHMENT INFORMATION , 1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status ❑ A= Exempt ❑ C= Completed ❑ D= Underway 3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No SeGtJOfl IV Qtl12r $U orf16 Gf�Pt}S' 'Provide atlesch ion usln uah6ftable tlSta of alrolher su odin 8ryort5 hat have be hn arliail rsm lomenied orco feletl tlur Ihisp1iod a "f Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (I R12 -15- 08)12- 23 -09R H CATEGORY APPROVED TOTAL ACTUAL EXPENDITURES REIMBURSED CUMULATIVE PROJECTED PROJECTED CUMULATIVE BUDGET EXPENDED (this Ouaderj CUMULATIVE CUMULATIVE PERCENTAGE EXPENDITURES EXPENDITURE _ (Through end of this quaderj jTnrough end of this quarter) le &DI INexl ouarlerl [By end of Contract Period) Personnel $ $ $ $ % $ $ Contractual $ $ $ % $ $ Operating Costs $ $ $ $ % $ $ Commodities $ $ $ $ % $ $ Capital Outlay $ $ ---- $ _..- -. _-- $ ......_ ..._ % _...--- -...... -.._ $ ._._...--- $ .... TOTAL $ $ $ $ % $..._� Program Income ♦ The disposition of Program Income not specifically listed in the approved Program Income budget requires prior written approval from DHCD. 1. Does this activity generate Program Income? ❑ Yes ❑ No 2. If yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A If yes, @ attach copy of approval letter and related documents. if no, a written request for approval to use the Program Income must be submitted to DHCD -or- a check payable to Miami - Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract. • Check Attached? ❑ Yes ❑ No 0 N/A ACTIVITY STATUS AND ACGOaMPLISHMENT INFORMATION , 1. Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status ❑ A= Exempt ❑ C= Completed ❑ D= Underway 3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No SeGtJOfl IV Qtl12r $U orf16 Gf�Pt}S' 'Provide atlesch ion usln uah6ftable tlSta of alrolher su odin 8ryort5 hat have be hn arliail rsm lomenied orco feletl tlur Ihisp1iod a "f Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (I R12 -15- 08)12- 23 -09R QUARTERLY EXPENDITURE AND MIAMb'P_9AE7E. PROGRESS REPORT • FY 2010 9 "�:6_C(btp �F�PCO„ 731e1p5+ �tidOUn{ et0d'tl;I?rpvtd'eabnefdesenpUan ofanyprobSems ofdelays enFO�fnt ed dunng lh�s pehoA,o'r'�nUapale34 r, 4} LL_ r, .; �. �g,.in��y,�£y3 �. tS;dctlot; -Ut TecnmCalA5SlStanCe �` Ifyourorganizabbrihasaneedoranllclpateapeeddor( echmcalasst' stancedunngpiisperiod, pleasedescpbe7henaNreoilheassrstanceregwred Sactlori Vli ReKormance Measurement _ Accomplishment Type: ❑ People [oil ❑ Households too[ ❑ Businesses till ❑ Organizations p91 ❑ Housing units rlol ❑ Public Facilities till ❑ Jobs [131 National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA) -or- ❑ Direct Benefit [e.g. LMC, LMH, LMJt Projected Goal Actual This Quarter` Actual Cumulative Households Total People I Low/ Mod ,i Households [Low IMod —Attached Y / N : ( it venormance & eenebt Data: Public Service & Administration L -or- (2) Performance & Benefit Data: Capital Improvement & Public Facilities CI -or- Performance & CERTIFICATION This is to certify that the data and other intonation provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by: Signature of Certifying Official: Title: Date: Title: Date: FOR DHCD US,E.ONLY." Activity IDIS Number: Report ❑ is / ❑ is not complete • Report ❑ is / ❑ is not accurate • Initial review for completeness and accuracy completed by: Name: Date: Name: Date: Contrails Officer Date: Leader i Supervisor Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure & Progress Report (LR12 -15- 08)12 -23aR CptdNTY �.� Recipient Name: Activity Name: Activity ID #: HUD Activity Matrix Code: _ HUD Matrix Code Description: ❑ Acquisition / Disposition ❑ Clearance / Demolition ❑ Street Improvements ❑ Public Facility / Type: ❑ Building / Type: ❑ Other Capital Improvement (Type: Imdicate bebwl zt 11Ltrr1L'rtl1 1. Performance & Benefit Data: Capital Improvement & Public Facilities Supplement to Quarterly Expenditure and Progress Report a FY 2010 Activity Category: Accomplishment Type: ❑ Structures • ❑ Parcels ❑ Structures + ❑ Parcels Persons Served + Low & Moderate Income Persons Served • Low & Moderate Income Facilities + Persons Served • Low /Mod Income Persons Served • Low & Moderate Income Instructions & Applicability: 1. Total benefiting for program year: 3. Of those assisted, enter the number that: include LMA, LMC, LMH, SBA, SBR, SBS or URG 2. Counts by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit c) Now receive a service or benefit that is no longer substandard Total d) Now have new access to this type of public facility or infrastructure improvement e) Now have improved access to this type of public facility or infrastructure improvement f ) That are served by a public facility or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created in overnight shelter or other emergency housing # of Structures # of Parcels # of Facilities # of Persons Served # of Low /Mod Income RACE / ETHNIC CATEGORY Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total. From the total number depicted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity for this reomnino nprind and the „m„iar„o W., RACIAL CATEGORIES Qua ter Jan -Mar ❑ 2 0d Quarter A r -Jun ❑ _ 3r0 Quarter Jul -Se t ❑ 411 Quarter Oct -Dec /Annual Report ❑ include LMA, LMC, LMH, SBA, SBR, SBS or URG 2. Counts by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit c) Now receive a service or benefit that is no longer substandard Total d) Now have new access to this type of public facility or infrastructure improvement e) Now have improved access to this type of public facility or infrastructure improvement f ) That are served by a public facility or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created in overnight shelter or other emergency housing # of Structures # of Parcels # of Facilities # of Persons Served # of Low /Mod Income RACE / ETHNIC CATEGORY Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total. From the total number depicted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity for this reomnino nprind and the „m„iar„o W., RACIAL CATEGORIES .RPORTzP Rf Racial Cate ories Ethnic Cate o Racial Cate ones Ethnic Cate o Total Number Number Hispanic Total Number Number His anic White [11J Black / African American [121 Asian [13] American Indian /Alaskan Native [141 Native Hawaiian / Other Pacific Islander [15] American Indian / Alaskan Native & While [16) Asian & White [17] Black / African American & White (18] American Indian or Alaskan Native & Black / African [191 Other Multi Racial [201 Totals Performance & Benefit Data: Capital Improvement & Public Fact ilies [LR 12 -10 -08[ 12 -23 -09 R Page 1 of 2 Supplement to Quarterly Expenditure & Progress Report _ -- COTJN 1 Y Performance & Benefit Data: Capital Improvement & Public Facilities Supplement to Quarterly Expenditure and Progress Report ® FY 2010 DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION Income Categories g REPORT PERIOD - TOTALS CUMULATIVE-TOTALS Other Categories REPORT;PERIDD TOTALS' CUMl16A11VE TOTALS: Total Number Total Number Total Number Total Number Extremely Low (30% or less) Total # Benefiting from the Activity Low (31 % - 500/) Moderate (51 % - 80 %) # of Female Headed Households Non Low /Mod (81 % or greater) Totals Census ( C) or Survey (S) Data Used: Total # of Low /Mod in Service Area: Percent of Low /Mod in Service Area: Census Tract: Census Tract: Census Tract: Block Groups: Block Groups: Block Groups: If (S), enter # of Low /Mod & Total Population: Total Low /Mod Universe Population in Service Area: 1. CDBG Funds 2. HOME Funds 3. ESG Funds 4. Section 108 Loan Guarantee 5. Other Federal Funds 6. State / Local Funds 7. Private Funds 8. Other: Name or Fundng Source Total Funds U)2OUIR[YAT{iHT711tSfa PPIc�ILjj °t e7tac�teptcoT gletton?ad ot� "e g11edscum�e: Sx @Pedih ota iO"Sc4 oS is _ w..3' c n _w beA_ IR Report Prepared by: Signature of Certifying Official: Title: Title: Date: Date: Performance & Benefit Data: Capital Improvement & Public Facilities [LR 12 -10M] 12 -23 -09 R Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS 8, ACRONYMS Reporting Period: Enter "X" in the box that corresponds with the appropriate reporting period for this report Section 1: General Information 1. Recipient Name: Fill in the appropriate Agency / Organization Name. 2. Contact Person: Fill in the Contact Person's Name and Title. 3. Telephone Number: Fill in the Telephone Number of the Contact Person, 4. Activity Name (Project Title): Enter the name of the activity. 5. Activity Address: Enter the complete address of the location where the activity is taking place. 6. Activity Description: Enter brief description of the activity (120 characters maximum), 7. Activity ID #: Enter Activity ID No. of the activity. 8. Index Code: Enter the Index Code from FAMIS. 9. Funding Source: Enter the funding source (e.g. CDBG 06, CDBG DR 07, ESG 07, HOME 98, HOME CHDO 08, etc.). 10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable. 11. Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity (e.g, Housing, Economic Development, etc.). 12. Objective: Enter "X" in all that apply for the primary objective the activity is designed to provide. 13. Outcome: Enter "X" in all that apply for the primary outcome the activity is designed to provide. Section It: Financial Information 1. Column B: Enter amount budgeted for the activity in each category of the approved budget (or most recent approved budget amendment). 2. Column C: Enter amount expended for the activity in each category during this reporting period. 3. Column D: Enter the actual cumulative expenditures from beginning of the contract through the end of this reporting period for each category. 4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category. 5. Column F: Enter the cumulative percent of expenditures for each category by dividing each amount in column D (Actual Cumulative Expenditures) by the corresponding amounts as shown in column B (Approved Budget). Example — If Column D shows $5,000 expended to date in the Personnel Category and Column B shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25 %. 6. Column G: Enter amount of projected expenditures in each category for the next quarter (reporting period). 7. Column H: Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period. 8. Total: Please include totals at the bottom of each column B through H. 9. Generate Program Income ?: Enter "X" in the "Yes" box if this activity is expected to generate Program Income; otherwise enter "X" in the "No" box. 10. If the response is "Yes" to Program Income: Indicate the amount of program income generated during this reporting period; if the answer was "No" enter N /A. 11. If Program Income is generated: Enter "X" in the "Yes" if DHCD approved use of the Program Income & provide copy of written approval letter along with all related documents. Otherwise, enter "X" in the "No" box and submit a written request for approval —or— a check payable to Miami -Dade County for the generated Program Income. x x E`as 5'-,`"'.� GT1VJT xS' 7' ANDFAGr�+O'MP�ISNMEiJT [NF;ORMA7:IONz�'�c r "i��s "� ;':;y ?'Y,�'>� "S4y.��f •<, w s 1. Activity Status: Enter'X" in box that corresponds wi(h the appropriate status of the activity [Cancelled, Unde way, or Completed]. Please note that an activity is considered complete once it meets its national objective, all accomplishments have been reported, and all the funds are drawn from IDIS. 2. Environmental Status: Enter "X" in the box that corresponds with the appropriate status of the activity [A= Exempt, C= Completed, or D =Unde way) 3. Compliance with Original Project Schedule: Enter "X" in the "Yes" box if the activity complies with the original project schedule; if not enter "X" in the "No" box. Section III: Work in Progress Provide a brief narrative description of work in progress during this reporting period. For example - • Housing - During this period architectural drawings were completed, building department approved drawings, environmental approval received, plat filed with the County, and construction is expected to begin next quarter. • Economic Development - Fifteen jobs were created during the reporting period, five additional jobs are expected to be created by next quarter. • Capital Improvement - 75% of construction of the childcare center completed this reporting period. Project on schedule and is expected to be completed by next quarter. Section IV: Other Supporting Efforts Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period. Include quantifiable data whenever appropriate. In addition, other expenditures of funds, including local match and leverage contributions, should be depicted here. r Section V: Problems Encountered Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the next quarter. Report any problems that may impact the project as originally proposed, including but not limited to changes in Scope of Services, beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to report/discuss any problems encountered in order to resolve them as quickly as possible. Section VI: Technical Assistance This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity. Instructions, Definitions & Acronyms [created 6130108] revised 12122109 Rt Page 1 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Section VII: Performance Measurement 1. Accomplishment Type: Enter "X" in the box that corresponds to with the actual accomplishment type of this activity [People, Households, Businesses, Organizations, Housing Units, Public Facilities, or Jobs]. 2. National Objective: Enter "X" in the box that corresponds with the National objective of this activity. Refer to Attachment A in the Contract to locate the National Objective for the activity -or- contact the Contracts Officer to obtain this information. Code Beneficiary Type Description 24 CFR Citation LMA Area Basis Benefit Low /Mod Area Benefit 570.208(a)(1) LMJFI Area Basis Benefit Low /Mod Area Benefit, Community Development Financial Institution (CDFI) 570.208(d)(6)(i) LMASA Area Basis Benefi( Low /Mod Area Benefit, Neighborhood Revitalization Strategy Area 570.208(4)(5)(1) LMC Direct Benefit Low /Mod Limited Clientele Benefit 570.208(a)(2) LMCMC Direct Benefit Low /Mod Limited Clientele, Microenterprise 570.208(a)(2)(iii) LMCSV Direct Benefit Low /Mod Limited Clientele, Job Service Benefit 570208(a)(2)(iv) LMH Direct Benefit Low /Mod Housing Benefit 570.208(a)(3) LMHSP Direct Benefit — Low /Mod Housing Benefit, CDFI or Neighborhood Revitalization Strategy Area 570.208(d)(5)(ii) 570.208 d Mud' LMJ Direct Benefit Low /Mod Job Creation /Retention 570.208(a)(4) LMJFI Direct Benefit Low /Mod Job Creation /Retention, Public Facility /Improvement Benefit 570.208(a)(4)(iv)(F) LMJP Direct Benefit Low /Mod Job Creation, Location Based 570.208(a)(4)(w) SBA Designated Area Basis Slum /Blight Area Benefit 570.208(b)(1) SBR Urban Renewal Area Slum /Blight in an Urban Renewal Area 570Z8(b)(3) SBS Spot Basis Slum /Blight Spot Basis 570.208(b)(2) URG Urgent Need Urgent Need 570.208(c) The data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and the Recipient must complete the Performance Certification check box for "No Accomplishments" 3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire and /or Construct New Homeowner Units, Rehabilitate Homeowner Units, or provide Homeowner Counseling and Direct Financial Assistance to Homebuyers must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Housing ". 4. Total People or Households: Activities that provide Public Services or Administrative (e.g., Fair Housing Activities) must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, 'Performance and Benefit Data: Public Services -or- Administration". Capital Improvement and Public Facilities Activities must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Capital Improvement & Public Facilities'. 5. Total Jobs: Activities that create or retain jobs, and /or provide assistance to businesses, most complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, 'Performance and Benefit Data: Economic Development ". 6. Performance Certification: The Performance Certification check box for "No Accomplishments' must be checked and initialed by the Certifying Official if there have been no accomplishments during the reporting period. This item certifies that there have been no accomplishments during the reporting period and the Recipient is excused from providing any further accomplishment information on the activity status as required by HUD. Reference HUD "Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs." A copy of the Notice and additional information about performance measurements is available at the following link: http: / /www.hud.gov /offices /cpd /about/performgncel . 7. Report Prepared By: The name and title of the report preparer, along with the date, must be completed. 8. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her title must be entered, and the certification must be dated. This Performance and Benefit Data Report must be completed and provided to DHCD for any quarter when actual accomplishments are achieved, the activity is completed, and the national objective is met. In addition, direct benefit or area benefit data must be provided as well. Please fill out the requested information completely and accurately as applicable for the funded activity. The following general information is available on Attachment A in the contract: Activity ID, Activity Category, HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports must include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and the report must be dated. Instructions, Definitions & Acronyms [created 61301081 revised 12/22/09 Rt Page 2 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Project Category [required): Enter W in the box that corresponds with the funded project type. Accomplishment Type / Measures [required]: Enter "X" in the box that corresponds with the funded project type. Accomplishment Units Completed [required]: Indicate the number of persons or households served and number that are low /mod income. Performance Measurement & Accomplishment Information [required] (1) Indicate the total number benefiting from the activity. (2) Indicate method used to count the number benefiting from the activity - by Households served or Persons served. (3) Of those assisted, responds to each inquiry - a through c - by providing the number that benefited, and provide the total for all. Direct Benefit Information [required]: Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit Information section. Provide information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provide requested information in the Income Category and Other Beneficiary Data Sections. Area Benefit Information [required]: If applicable for funded activity. - 6;6`,- 66c,666666��6�G 6EwwSEGw 6G�� Funding Sources I Leveraging of Funds [required] HOME Funded Projects Only [required): Enter °X' in the box that corresponds with the funded HOME tenure type, complete the corresponding Form, & attach it to the report. Project Type [required]: Enter W in the box that corresponds with the funded project type. Number of Units Completed [required]: Indicate total number of Rental Units, Owner Units, or Homebuyer Households completed for the funded activity. CDBG Multi -Unit Activity, if applicable: Provide all requested information for both charts in this section. Displacement Information, if applicable: Provide all requested information in the chart. ''. Replacement Information, if applicable: Provide all requested information in the chart. Performance Measurement & Accomplishment Information [required], all applicable sections must be completed (1) Provide number of Affordable Units and respond to each inquiry - a through f - by providing the requested information (2) Provide number of Section 504 Accessible Units (3) Provide number of units qualified as Energy Star (4) Provide number of units brought up to HQS /Local Code (Rehab only) (5) Provide number of units brought in compliance with lead safety (Rehab only) (6) Provide number of units created through conversion of non - residential to residential buildings (Rental Rehab only) (7) Provide number of households previously living in subsidized housing (Acquisition /Construction New Homeowner only) Direct Financial Assistance to Homebuyers, if applicable (1) Provide number of first -time homebuyers and of those, indicate number that received housing counseling (2) Provide number receiving Down Payment Assistance /Closing Costs •6wS C,^, 1s 1i- Gi. 6.6 .6.41-",.6^E^6.G^61.611+w -Cl1- -6 -c—C. Direct Beneficiary Information [required) - must be completed for the actual number of households assisted, for this reporling period and the cumulative total. Also, provide requested information in the Household Income Category and Other Beneficiary Data Sections. Funding Sources / Leveraging of Funds frequiredl Instructions, Definitions & Acronyms [created 6/30108) revised 12/22109 RI Project Type [required]: Enter W in the box that corresponds with the funded project type. Measures: Acquisition /Disposition and Clearance /Demolition activities only - Enter "X" in the box that corresponds with the funded activity. Accomplishment Units Completed [required]: Indicate the number of units completed [Structures, Parcels, or Facilities] , number of persons served, and number that are low /mod income �66�6.6,61..6<6>6a6^6 16111.6.e. Performance Measurement & Accomplishment Information [required] (1) Enter total number benefiting from the activity for the program year. (2) Indicate if the count is by Household or Persons. (3) Of those assisted, respond to each inquiry - a through h - by providing the number that benefited, and provide the total for each section. .19, -6 c 6w w 6.6=6.65.6 Direct Benefit Information [required]: Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit Information section. Provide information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provide requested information in the Income Category and Other Beneficiary Data Sections, Area Benefit Information [required]: If applicable for funded activity. Gi"1.6^6^191 -61 �6-C, -6 -6.6^6 Sources I Leveraging of Funds [required) Attachments must be provided, if auolicable Note: Jobs data should be prepared as accomplishments take place (as jobs are created) or on a quarterly basis, at a minimum. Job Creation and/or Job Retention Information [responses required for this Accomplishment Type] (1) Complete the Job Creation area if the activity is expected to create jobs; otherwise, complete the Job Retention area if the activity is expected to retain jobs. (2) Indicate the number of jobs created or retained, as applicable, by job type for this reporting period and the cumulative total. (3) Direct Benefit Information - must be completed for the actual jobs created or retained, as applicable, for this reporting period and the cumulative total. Also, provide requested information in the Income Category and Other Beneficiary Data Sections. (4) Number of jobs created with employer sponsored health care benefits (5) Number unemployed prior to taking job created (6) Number of jobs retained with employer sponsored health care benefits (7) Provide explanation if proposed goals are not met Assistance to Businesses [responses required for this Accomplishment Type] (1) Indicate total number of business assisted, of that amount indicate how many are new businesses and the number of existing businesses (2) Of the existing businesses, indicate how many were expanding businesses and the number that were relocating (3) Indicate the number of businesses assisted with farrade treatment or business building rehab (4) Indicate the number of businesses that provide goods or services to meet the needs of a service area, etc. (5) Provide the DUNS number for each business assisted [a requirement for any business that receives Federal assistance] .61A.6 .61 a; ^6wS^6- , -6 - f,,w",r-1 —C,. ` 91-6, w",.E.w",w`.a6,�6- C,w61w",w6,"6 Area Benefit Information [required] Funding Sources / Leveraging of Funds [required] Required Attachments must be provided, if applicable. Page 3 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Area Benefit. Those activities having a national objective of LMA, LMAJI, and LMASA. Beneficiary data is reported by Survey or Census data for the percentage of low- and moderate - income persons in the service area. CDBG regulations specify that 51 percent of the residents of the service area must be LMI. Examples of area benefit activities include street/sidewalk improvements, water /sewer lines, neighborhood facilities, and fagade improvements in neighborhood commercial districts. Census Block: A geographic area bounded by visible and /or invisible features shown on a map prepared by the U.S. Census Bureau. A block is the smallest geographic entity for which the Census Bureau tabulates decennial census data. Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by a local group of census data users or the geographic staff of a regional census center in accordance with Census Bureau guidelines. CDBG National Objectives: The authorizing statute of the CDBG program requires that each activity funded except for program administration and planning activities must meet one of three national objectives. All CDBG activities must achieve one or more of these national objectives. • Benefit to low and moderate - income (LMI) persons, • Aid in the prevention or elimination of slums or blight, and • Meet a need having a particular urgency (referred to as urgent need), e.g., existing conditions pose a serious and immediate threat to the health or welfare of the community. In addition, a minimum of 70% of the CDBG program expenditures must meet the LMI benefit national objective. Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Beneficiary data is reported by the total number of persons or households benefifting from an activity. DUNS Number: Data Universal Numbering System (DUNS) number is a requirement for any business that receives Federal assistance. If a business does not have one, it should call the DUNS number request line at 1- 866 -705 -5711 to obtain a number. The process is free and takes about ten minutes. ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all save money and protect the environment through energy efficient products and practices. HUD encourages incorporation of ENERGY STAR qualified products and practices when conducting rehabilitation or constructing new housing. Likewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator categories in the performance measurement system. Extremely Low - Income: Households with annual income less than 30% of the area median income, as established by HUD. The number of household members is used in the determination. Ethnic Categories: HUD and grantees are required to treat ethnicity as a separate category. "Hispanic or Latino" and "Not Hispanic or Not Latino" are designated as separate ethnicity categories. • Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term, "Spanish origin," can be used in addition to "Hispanic or Latino." • Not Hispanic or Not Latino: A person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Family: All persons living in the same household who are related by birth, marriage, or adoption. Household: All persons occupying the same housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any group of related or unrelated persons who share living arrangements. Housing Quality Standards (HQS): HQS are set acceptable conditions for interior living space, building exterior, heating and plumbing systems, and general health and safety. The purpose of HQS is to determine whether a housing unit is decent, safe and sanitary. Income: (1) Annual income as defined under Section 8; (2) Annual income as reported under the Census long form; or (3) Adjusted gross income as defined by the IRS Form 1040. Low Mod Job Creation or Retention (LMJ): An activity designed to meet the National Objective of creating or retaining permanent jobs, at least 70 percent of which (computed on a full -time equivalent basis) will be made available to or held by LMI persons. Low Mod Limited Clientele (LMC): An activity carried out to meet the National Objective of benefit to LMI persons. Activities under the LMC category must meet one of the following criteria: • Benefit clientele that is generally presumed to be principally LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers); or • Require documentation on family size and income in order to show that at least 70 percent of the clientele are LMI; or • Have income eligibility requirements limiting the activity to LMI persons only, or • Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. Low Mod Income Area Benefit (LMA): An activity carried out to meet the National Objective of benefit to LMI persons that benefits all residents in a particular target area, where at least 51 percent of the residents are LMI persons. Low and Moderate Income (LMI): Low and moderate income means family or household annual income less than the Section 8 Low Income Limit, generally 80 percent of the area median income, as established by HUD. Low - Income Household /Family: A household /family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median income) as established by HUD. Low Income: Households with annual income less than 50% of the area median income, as established by HUD. Low Mod Housing (LMH); An activity carried out to meet the National Objective of benefit to LMI persons/households, e.g., acquisition, construction, or improvement of permanent, residential structures which, upon completion, will be occupied by LMI households. Matrix Codes: The matrix code indicates how the activity is eligible under CDBG regulations, it generally identifies the purpose for which assistance was provided, and determines the type of accomplishment units that should be reported. Microenterprise: A business that has five or fewer employees, one or more of whom owns the enterprise. Moderate - Income Household /Family: A household /family having an income equal to or less than the Section 8 Low Income limit (80% of area median income) established by HUD, but greater than the Section 8 Very Low Income limit (50% of area median income) established by HUD. Instructions, Definitions & Acronyms (created 6130/081 revised 12/22/09 R1 Page 4 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Objectives: The objectives capture the range of community impacts that are expected to occur as a result of program activities. There are three possible objectives for each activity: 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities, Outcomes: The program outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of the activity. There are three possible outcomes: 1) Availability/Accessibility, 2) Affordability, and 3) Sustainability. Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit may be sold without penalty to the homeowner. Program Income: Any gross income received by the sub recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)). Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial demographics of the individuals and /or the communities they serve, or are proposing to serve. 1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or Negro" can be used in addition to "Black or African American." 4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5. White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 6. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above. 7. Asian & White. A person having these multiple race heritages as defined above. 8. Black or African American & White. A person having these multiple race heritages as defined above. 9. American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. 10. Other Multi- Racial. A person reporting multi -race heritages not included in any of the other nine categories listed above, and that have a total count that exceeds one percent of the population served. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. It imposes requirements to ensure that "qualified individuals with handicaps' have access to programs and activities that receive Federal funds. Minimum requirements include, but are not limited to: 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative Requirements. Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job- training program. Sub recipients are also referred to as sub grantees. Survey: The survey instrument and methodology must be approved by HUD for the purpose of establishing the percentage of LMI persons in a service area. A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance is available in CPD Notice 05 -06. Instructions, Definitions & Acronyms (created 6/30/081 revised 12/22/09 R1 Page 5 of 5 Attachment D DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ❑ CDBG ❑ HOME ❑ HOPE VI ❑ HOMELESS (SRO /SHP) ❑ EDI ❑ NSP ❑ CDBG -R 2. Indicate Fiscal Year: FY 20 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: 7. Commission District(s): 8. Direct Contact information of Name: Address: 9. Detailed description of activity or project: Fax: Form Revised 12111512009 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11. What is the status of activity or project? For example, Pre - Development Phase, Rehab /Construction Underway, Rehab /Construction Completed, etc. Part II. PROJECT OUTCOME Will the activity or project result in the followinq? YES NO 1. Change in use 2. Sub - surface alteration (Le. excavations) 3. New construction 4. Renovation or demolition 5. Site improvements (utilities, sidewalk, landscaping, storm draina e, arkin areas, drives, etc. 6. Building improvements (windows, doors, etc.) 7. Displacement of persons, households or business 8. Increase in population working or living on site 9. Land acquisition 10. Activity in 100 -year floodplain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,500 gallons of sewage per day, 12. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc. 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. Street improvements 16. The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or dee enin of a body of water). Part ill. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and proposed land use: Existing? • Proposed? 2. Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one f1) acre or more? ❑ YES ❑ NO If yes, a site plan must be provided. Project(s) will not be environmentally reviewed without a site plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ YES ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots. The photographs shall be identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure(s) on site? ❑ YES ❑ NO • Estimated age of structure(s)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ❑ NO If yes, what is the estimated cost of rehabilitation or renovation? 3 What is the amount sought for funding? In addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste /landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? ❑ YES ❑ NO 6. Environmental Health Information: • If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ NO If yes, please submit the results. • Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO If yes, please submit the results. 7. Other Site Information: rd Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and /or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the DHCD staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Sianature Name of Organization or Corporation Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Department of Housing and Community Development 701 NW 1st Court • 14th Floor Miami, Florida 33136 ritle YES NO 1. Flood insurance required? 2. Public water available on site? 3. Public sewer available on site? 4. Children under 7 years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste disposal facility? 6. Storage of hazardous materials on site? 7. Abandoned structure(s) on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and /or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the DHCD staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Sianature Name of Organization or Corporation Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Department of Housing and Community Development 701 NW 1st Court • 14th Floor Miami, Florida 33136 ritle TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST ** CEST *** EA **** Economic Development Notice /No Notice /No RROF (No Statutory FONSI and New Construction RROF RROF Requirement Triggered) X Rehab X' Xz Non-Construction/Expansion X Publish NOURROF Housing (Statutory Requirement Single Family Rehab X Multi - Family Rehab X1 XZ New Construction X Homeownership Assistance X Affordable Housing Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X1 XZ Infrastructure X1 Xz Public Services — Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice /No Publish Notice /No Notice /No RROF (No Statutory FONSI and RROF RROF Requirement Triggered) NOI /RROF Or Publish NOURROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30 -45 Days 30 -45 Days 45 -90 Days 90 Days Triggered Statutes) I I Minimum X' If for continued use and change in density (or size) of less than 20% X2 Change in density (or size) of more than 20% Exempt Exempt Activities CENST Categorically Excluded and Not Subject to 58.5 "` CEST Categorically Excluded Subject to 58.5 "" EA Environmental Assessment (Format II) DEVELOPER'S AFFIDAVIT THAT MIAMI -DADE COUNTY TAXES, FEES AND PARKING TICKETS HAVE BEEN PAID (Section 2 -8.1 (c) of the Code of Miami -Dade County, as amended by Ordinance No. 00 -30) and THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY (Section 2 -8.1 (h) of the Code of Miami -Dade County, as amended by Ordinance No.00 -67) I° �23' r M - (2&r VkDY1 , being first duly sworn, hereby state and certify that the foregoing statements are true and correct: tI 1. That t am the Developer (if the Developer is an individual), or the t � rJ Cr {t/ /aliff 4�fill in the title of the position held with the Developer) of the Developer. 2. That the Developer has paid all delinquent and currently due fees or taxes (including but not limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal course by the Miami -Dade County Tax Collector, and County issued parking tickets .for vehicles registered in the name of the above developer, have been paid. 3. That the Developer is not in arrears in excess of the enforcement threshold under any contract, final non - appeasable judgment, or lien with Miami -Dade County, or any of its agencies or instrumentalities, including the Public Health Trust, either directly or indirectly through a firm, corporation, partnership or joint venture in which the Developer has a controlling financial interest. For purposes hereof, the term "enforcement threshold" means any arrearage under any individual contract, non - appeal able judgment, or lien with Miami - Dade County that exceeds $25,000 and has been delinquent for greater than 180 days. For purposes hereof, the term "controlling financial interest' means ownership, directly or indirectly, of ten percent or more of the outstanding capital stock in any corporation, or a direct or indir t inter t of ten percent or more in a firm, partnership, or other business entity. By' 20 Signa re of Date o Pr ote�d Name,4f A cant and'T`itle Federal Employer Identification Number Printed Name of Firm (off�0 5G% �Y;t/e SOG�Y'�? Mt*61M11 rC Address of Firm ' SCRIBED AND SWORN TO (or affirmed) before me this<:D 3 day o �./— / 20 By_&/ He /She is personally known to mP o/r has — presented as identification. p" Signa re of Notary M � t/ ARIALGARCiA 1 fir. • ; of ;r MY COMMISSION# DD 2�s Print or Stamp N of Notary - �: BM Notary Public —State 6f Notary Seal Microsoft Word /Affidavits 2006 /Revised /mdm -01 -04 -2006 . FORM A -12 CODE OF BUSINESS ETHICS In accordance with Section2- 8.1(i) of the Miami -Dade County Code, each person or entity that seeks to do business with the County shall adopt a Code of Business Ethics ( "Code ") and shall, prior to execution of any contract between the contractor and the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2 -8.1 (1) of the Miami -Dade County Code. Any person or entity that fails. to submit the required affidavit shall be ineligible for contract award. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum, require that the contractor: .Comply .rilth all applicable governmental rules and reguations including, among others, the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims Ordinance. Comply with all applicable rules and regulations regarding Disadvantaged Business Enterprises, Black Business Enterprises, Hispanic Business Enterprises and Women Business Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs ") and Community Small Business Enterprises (CSBEs) and shall specifically prohibit the following practices: o Pass - through Requirements. The Code shall prohibit pass- throughs whereby the prime fire requires that the MBE or CSBE firm accept payments as a MBE or CSBE and pass through those payments or a portion of those payments to another entity including, but not limited to the owner /operator of the prime firm; • Rental Space, Equipment or Flat Overhead Fee Requirements. The Code shall prohibit rental space requirements, equipment requirements, and /or flat overhead fee requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or equipment from the prime firm or charges a flat overhead fee f& the use of space, equipment,.secretary, etc; • Staffing Requirements. The Code shall prohibit the prime firm from mandating, as .a condition to. inclusion in the. project, that a MBE or CSBE hire, fire, or promote certain individuals not employed by the prime firm, or utilize staff employed or previously employed by the prime firm. • MBE or CSBE Staff Utilization, The Code shall prohibit the prime firm from requiring the MBE or CSBE firm to provide more staff than is necessary and then utilizing the MBE or CSBE staff for other work to be performed by the prime firm. • Fraudulently creating, operating or representing MBE or CSBE. The Code shall prohibit a prime firm including, but not limited to; the owners /operatdrs thereof . from . fraudulently creating, operating or representing an entity as a MBE or CSBE for purposes of qualifying for certification as a MBE or CSBE. The Code shall also require that on any contract where MBE or CSBE participation is purported, the contract shall specify essential terms. including, but not limited to; a specific statement regarding the percent of participation planned for MBEs or CSBEs, the timing of payments and when the work is to be performed. The failure of a contractor to comply with its Code of Business Ethics shall render any contract between the contractor and the County voidable, and subject violators to debarment from future County work pursuant to Section 16- 38(h)(2) of the Code. The Inspector General shall be authorized to investigate any alleged violation by a contractor of its Code of Business Ethics. By: Signature of Affiant Printed Name and Title of Affiant JCLV) - c) 2010 Date 5q- (0000 q�!./ Federal Employer Identification Number -br;v?- . 5c"A MiAtrnr° jr(- Address of Firm . SUBSCRIBED AND SWORN TO (of affirmed) before me this ceday of 0 ,_He/ he is personally known to me or has Presented as identification. c Type of Identification Signature of N Serial Number rint or Stamped Name of Notary Notary Public, State Q�ne r ,q1�„�y�`' ^� oo 6Qat 3°''�O` n+rAers /U.. (91t ole'�f0atk-Azm� Office of the City Manager City of South Miami DISCLOSURE ABOUT RELATED PARTIES January 26, 2010 THERE ARE NO BOARD MEMBERS OF THE CITY OF SOUTH MIAMI WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH CITY OF SOUTH MIAMI OPERATIONS. South Miami k9ft" C4 2001 6130 Sunset Drive South Miami, Florida 33143-5093 • Tel: (305) 663-6338 • Fax: (305) 663-6345 www.cityofsouthmiami.net CID -2 -D, 'Y': City of South Miami DISCLOSURE ABOUT RELATED PARTIES January 26, 2010 THERE ARE NO BOARD MEMBERS OF THE CITY OF SOUTH MIAMI WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH CITY OF SOUTH MIAMI OPERATIONS. South Miami k9ft" C4 2001 6130 Sunset Drive South Miami, Florida 33143-5093 • Tel: (305) 663-6338 • Fax: (305) 663-6345 www.cityofsouthmiami.net ,COUntY Construction Sign (Only areas circled arosjjbjevt to Ohange) Curios Alvare;t I "*)Of Dannis C. idols I C7 PiYf+'eA Library, Bar". ra J. Jordan D"W'da i Der orl O. Roto. MIAMI-DA61 bw,falz Audrey M. tdraoritor, RM I 4xv6a 3 Sally A, Heyman JOSA -Pope- Diaz Bruno A. Barr,i,, Ma '*g. ' West R�,bo ca So @;{ CO'lle A. Gim6n6 41 Perrine DI,If6el 7 Katy Sorpnstp Library, $ch. Javier D, souto ,106A,Martno4 �rbl e 0, 1 A, G 0 B 2'9'1" Dilqidd 11 JOSA -Pope- Diaz Di,,410 12 Natasha Souas aWfi/v 13 H-May Ruvio e o(cou'l, �' "S�'TFMA N Ovoccgo M. ODrqo,t county Mvnagor r0l4nrt A. Cuovjs_,ir. or call 3'j".1 NRKUR 3AMPUE PLACEPOEtVT This Form to be Faxed to. 305-375-1125 Attention: Michael 0. Smart Attachment F Quantity required Permiahent 13 Iloplacement or 0 New 81,qn FA-rratnpe �signs PAA--Frame 9 u.ed su 0 A-Franjo 2 sided Department Project Hama-ger Telephone Number bidex co,& PrOJOP-t Name Number F- --------- oter 1 1090$ {Max 3) Ohel-k if ARPA Fwnded .0 Yes 13 No Must indicate Federal Department and I or State - Department if applicable SIVO 10tation z4dt%ss PIUS Specific location of gig" placement ATTACHMENT H SUBCONTRACTORISUPPLIER LISTING (Ordinance 97 -104) Firm Name of Prime Contractor /Developer/ OtCT °j This form, or a comparable listing meeting the requirements of Ordinance No, 97 -104, MUST be completed by the developers on County contracts for purchase of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all developers on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more. This form, or a comparable listing meeting the requirements of Ordinance No. 97 -104, must be completed and submitted even though the developer will not utilize subcontractors or suppliers on the contract. The developer should enter the word "NONE" under the appropriate heading on this form in those instances where no subcontractors or suppliers will be used on the contract. The developer who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified, except upon written aooroval of fhA cumiy mat the representations contained in this Subcontractor /Supplier Listing are to the best of my knowledge rue and accurate. oar M. Car l0>7 Signature Developers) Print Name ��3 ate (Duplicate if additional space is needed) Microsoft Word /Affidavits 2006 /Revised /mdm -01 -04 -2006 13 Acn9 6Y /pia ev not Title Rb%i - M• Car ffovi Authorized Representative LIST OF REQUIRED DOCUMENTS FOR CONTRACT DEVELOPMENT • SAMPLE OF BOARD OF DIRECTOR'S RESOLUTION APPROVING THE FUNDED AMOUNT AND AUTHORIZING EXECUTION OF THE CONTRACT WITH DHCD • AUTHORIZED SIGNATURE IE70RM • MIAMI-DADE COUNTY AFFIDAVITS • AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST • RELATED PARTIES DISCLOSURE STATEMENT • STATE OF FLORIDA PUBLIC ENTITY CRIMES AFFIDAVIT • CODE OF BUSINESS ETHICS AFFIDAVIT • FAIR SUBCONTRACTING POLICIES • MIAMI -DADS COUNTY LIVING WAGE AFFIDAVIT • COLLUSION AFFIDAVIT • CERTIFICATE REGARDING LOBBYING OTHER REQUIRED DOCUMENTS 1, MOST CURRENT ARTICLES OF INCORPORATION 2. MOST CURRENT BYLAWS 3. MOST CURRENT BOARD OF DIRECTOR'S ROSTER 4. MOST CURRENT IRS TAX EXEMPT STATUS DETERMINATION LETTER 5, MOST CURRENT IRS FORM 990 6. MOST CURRENT STATE OF FLORIDA CORPORATE CERTIFICATE 7. CERTIFICATE OF GOOD STANDING FROM DEPARTMENT OF STATE SAMPLE RESppOLUTI-ON Ac1U1THORIZING'EXECUTION OF A CONTRACT WITH IYIIAIYII -DADE c°0Uli T �i ANID FOR THE PROVISION WHEREAS, this Board desires to accomplish the objectives as outlined, in the scope of service of the contract with Miami -Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS of with Miami -Dade County for the maximum amount of $ the provision of authorizes to execute same for and on behalf of The foregoing resolution was offered by adoption, the motion was seconded by _ upon being put to a vote was as follows: approves one (1) contract for services for the Fiscal Year 2010 and iE who moved its The Chairperson /President thereupon declared this resolution duly passed and adopted this day of Signature - Chairperson or Secretary Agency Seal AUTHORIZING SIGNATURES CONTRACTOR: DATE: This form certifies the names, titles and signatures of individuals authorized by the contractor's by -laws or board resolution to sign contracts, checks, budget revision requests, payment requests and any other requests, (e.g. purchase requisitions, purchase orders, receiving reports, direct bills) that are required by the Department of Housing and Community Development (DHCD) for disbursement of funds. NAME TITLE SIGNATURE (Type or Print) (Type or Print) 1. Prime Contracts Subcontracts If. Checks (List Amount Limits) Iii. Budget Revision Requests NAME TITLE SIGNATURE (Type or Print) (Type or Print) IV. Payment Requests V. Other Administrative Matters (e.g. Status Reports, Purchase Orders, Travel Requests) * These signatures authorized are retained by DHCD for auditing purposes. * You are required to submit updates to this list as it becomes necessary. [1116tiWYA31 \L ti MIAMI -DADE COUNTY AFFIDAVITS The contracting individual or entity (government or otherwise) shall indicate by an "X" all affidavits that pertain to trim contract and shall indicate by an "NIA" all atttdavits that do not pertain to this contract. Ali blank spaces must be filled. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NON-DISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the' State or any political subdivision or agency thereof; it shall however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether of not it pertains to this contract. E, r c er H • &,f , being first duiy swot; i siaie: Affiant The full legal name and business address'of the person(s) or entity contraction or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): 6Q 00. 0 4 ?y Federal Employer identification Number (If none, Social Security) IN Entity, Ind or Corporation Doing Business As (If same as above, leave blank) Street City State Zip Code I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (56/o) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. 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 AN Page 1 of 5 ownership % 2. The full legal names and business address of any other individual (other than subcontractors, material men, supplies, laborers, or lenders) who have, or will have, any Interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not arcenfable): 3. Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. IL MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -133, amending Sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollar ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts, with the United States or any department or agency thereof, the State or any political subdivision or agency or any municipality of this State. 1. Does your firm have a collective bargaining agreement with its employees? X Yes . No 2. Does your firm provide paid health care benefits for its employees? Y. Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: i Males 1 G Females Asian: Males Females Black: Males Females American Indian: Males Females Hispanics: -6F Males ,:-'A5 Females Aleut (Eskimo): Males Females Males Females Males Females Ill. AFFIRMATIVE ACTION/NON-DISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinances 98 -30 codified at 2 -8.1.5 of the County Code) In accordance with County Ordinance No. 98 -30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as condition receiving a County contract, have 1) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that if does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women - owned businesses in its own procurement of goods, supplies and services. Such affirmatives action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does. not, discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representatives of the population make- up of the nation shall be presumed to have non - discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. The requirements of County Ordinance No. 98 -30 may be waived upon. the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. Page 2 of 5 The firm does not have annual gross revenues in excess of $5,000,000. —' =(-- - The firm does. have annual revenues in excess of $5,000,000; however, its Board of Directors is ror,rocon+�fi.A .,f +hp non, dn}inn maiream of thv nntinn anri has gi ihmiftaa n wrifitan, defialled listing of its Board of Directors, including the race of ethnicity of each board member, to the County's Department of Business Development, 175 NW 1St Avenue, 2e Floor, Miami, Florida 33128. AL_ The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic review to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development, 175 NW 16t Avenue, 28th Floor, Miami, Florida 33128. n1 P The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. %\ IV. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contractor receiving funding from the County has _'. has not of the date of this affidavit been convicted of a felony during the past ten (10) years. X V. MIAMf -DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance no. 92 -15 codified as Section 2 -8.1.2 of the County Code) That in compliance with Ordinance No. 92 =15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall, inform the employee about: 1. Danger of drug abuse in the workplace 2. The firm's policy of maintaining a drug -free environment at all workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that maybe imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and. impose. appropriate personnel action against the employee up. to and including termination. . Compliance with Ordinance No. 92 -15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or' for the health, , safety, welfare, economic benefits and well -being of the public. Contracts involving funding which is provided in whole or in part by the United States of the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those government entities. X VI. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142 -91 codified as Section 11A -29 et. Seq of the County Code) That in compliance with ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20), or more calendar workweeks, shall provide the following information in compliance with all items in the aforementioned ordinance: Page 3 or 5 An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who hog mriniic h-nith rnnrlitinn urithnirf rigk of ta_,rminafion of omnlover ratnliatinn The foregoing requirements shall not pertain to contracts with the .United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of'this State. _._ VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R385 -95) That the above names firm, corporation or organization is in compliance -with the agrees to continue to comply witli and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not lirnite,d to, those Drovisions pertaining to employment provi -lions of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327.42 U.S.C. 12101-12213 and 47 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this 'State. � l A VIII. MIAMI -DADE COUNTY REGARDING DELIQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 208.1 (c) of the County Code) Except for smalf purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter a contract with the County Verifies that all delinquent and currently due fees or taxes — including but not limited to real and .property taxes, utility taxes, and occupational licenses — which are collected in the normal course by the Dade County Tax Collector as well as' Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. MAr IX. CURRENT OR ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default or any contract, promissory note or other loan documents with the County.orany of its agencies or instrumentalities. N A X. PROJECT FRESH START (Resolution R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to. Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have lost or will loose cash assistance benefits (formerly Aid to Families with dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,. the firm may request waiver from the requirement of R- 702098 and R- 358 -99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. Page 4of5 XL DOMEST.IC VIOLENCE r GaVG raccnitttinn 12rnn• 9g -0 f_nrlifiad at 11A -80 Ff. San of tha Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at 11A-60 et. Seq. of the Miami -Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks. in the current or proceeding calendar years,. to provide Domestic Violence Leave to its employees. I have carefully read this entire five (5) page document entitled Miami -Dade County Affidavits and have indicated by an "X" all affidavits that pertain to his contract and have indicated by an "NIA" all affidavits that do not pertain to this ract. By: 'JQ l'1 . (Signature of Aftiant) (Date) SUBSCRiBED.AND SWORN TO (or affirmed) before me this day of 20 4 by %� L/ ' HS She is personally known to me or has C-_ ---- nracenfad 2s idpnfification_ (Print of Stamp. of Notary) Notary Public — State of (State) Page 5 of 5 (Serial Number) MARIAL OARUTA MY COMMISSION k DD 097502 EXPIRES: October2, 2013 Banded Thum Natary Public undeucritem Date) AFFIDAVIT OF FINANCIAL AND CONFLICTS OF INTEREST 1. Do you have any past due financial obligations with Miami -Dade County? YE:; NO Single Family House Loans x -- Multi- Family Housing Rehab - CDBG Commercial Loan Project - > U.S. HUD Section 108 Loan X Other HUD Funded Programs — Other (liens, fines, loans, Occupational licenses; etc.) _ L If YES, please explain: 2. Do you have any past due financial obligations with Miami -Dade County? YES X NO If YES, please explain: 3. Are. you. a relative of. or do you have any business or financial interests with any elected Miami -Dade County official, Miami -Dade County Employee, or Member of Miami -Dade County's Advisory Boards? YES NO If YES, please explain: Any false information provided on this affidavit will be reason for rejection and disqualification of your project - funding request Io Miami -Dade Fuo Inty('\ The answers t h g qu silo s are correctly slated to the best of my knowledge and belief. By: -- (Date) (Signature of Applicant) SUBSC IBED AND SWORN O (or affirmed) before me this _L� day of 0. By, —r-- -i HeMe is peFsona11, kn_ o_ wn_ t_ o me or as presented as identification. (Type of iden' ca n i (Signature of, otary) Cam/% (Print or Stamp of No� Notary Public – Stamp of (State) (Serial Number) (Exoiration D ,y„Y�,��c MARIALGARCIA =£i' ,'�IOt�;SSiOtV RD0697562 EXPIRES: OctdbiG2;20t3 �'%:ijor noT„+ 6onGetl Thru NOlaryPubiic UhtlerxiAers e ink IrLmc C r-iol Itac ARn' 1-r DC:l A-r vitLv�Q%J4 e_ o *. 4.r%.w%.b i c oK —"I—° 1 THERE ARE NO BOARD MEMBERS OF THE (AGENCY NAME) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH (AGENCY NAME) OPERATIONS. SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a) FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This form statement is submitted to by ,er H. darI title) for t !I tt/ o -t`' °c 0tL f h (Print name of entity submitting swom statement) whose business address is (019D )54 rye S06 �1 i0tr -n 33y� and if applicable its Federal Employer Identification Number (FEIN) if the entity has not FEIN, include the Social Security Number of the individual signing this sworn statement. 2. 1 understand that a "public entity crime" as defined in paragraph 287.133(1)(g), Florida Statutes means a violation of any state or federal law by a person with respect to an directly related to -the transactions of business with. any public entity or with an, agency or political subdivision of any other state or with the United States, including, but not limited to any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States -and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in an federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "Affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes means: 1. A predecessor or successor of a person convicted of a public entity crime, or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers , directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as, defined in Paragraph 287,133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the " nrnn�hn of nd� nr enfifa Thu form urycnn° in�Iw�wlao fhnea OffSCerc axerLrfi�iac n�rfnnrc shareholders, employees, members, and agents who are active in management of an entity 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) k Neither the entity submitting sworn statement, nor any of its officers, director, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting thig sworn statement, or one or mnre of ifs officers directors executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity, or an affiliate of the entity had been charged with and convicted of a public'entity crime subsequent to July 1, 1989, AND (please indicate which additional statement applies. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent proceeding before a Hearing Officer of the State of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I .UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OR THE CALENDAR YBAR'IN WHICH IT IS FILED, I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR A CATEGORY TWO OF ANY CHANGE IN THE INFORMATIO.N\CONTPANED IN THIS FORM. Sworn to and subscribed before me Personally known Or produced identification identification) Ignatu day of , 20 l� Notary Public -State My >irEVARIA L GAROIA AY COMF�iS51G1 ?NGD'b99- EXPIRES: October 2, 2013 &, Thru NOWry PublkUnd"6ters Tinted, typed or stamped name of notary public) FORM A -12 CODE OF BUSINESS ETHICS In accordance with Section2- 8.1(i) of the Miami -Dade County Code, each person or entity that seeks to do business with the County shall adopt a Code of Business Ethics ("Code") and shall, prior to execution of any contract between the contractor and the County, submit an affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2 -8.1 (i) of the Miami -Dade County Code. Any person or entity that fails. to submit the required affidavit shall be ineligible for contract award. The Code of Business Ethics shall apply to al{ business that the contractor does with the County and shall, at a minimum, require that the contractor: Comply with all applicable governmental rules and regulations including, among others, the Miami -Dade County Conflict of Interest and Code of Ethics Ordinance and the False Claims Ordinance. Comply with all applicable rules and regulations regarding Disadvantaged Business Enterprises, Black Business Enterprises, Hispanic. Business Enterprises and Women Business Enterprises (hereinafter collectively Minority Business Enterprises, "MBEs ") and Community Small Business Enterprises (CSBEs) and shall specifically prohibit the following practices: • Pass - through Requirements. The Code shall prohibit pass - throughs whereby the prime fire requires that the MBE or CSBE firm accept payments as a MBE or CSBE and pass through those payments or a portion of those payments to another entity including, but not limited to the owner /operator of the prime . firm; • Rental Space Equipment or Flat Overhead Fee Requirements. The Code shall prohibit rental space requirements, equipment requirements, and /or flat overhead fee requirements, whereby the prime firm requires the MBE or CSBE firm to rent space or equipment from the prime firm or charges a flat overhead fee for the use of space, equipment,. secretary, etc; • Staffing Requirements. The Code shall prohibit the prime firm from mandating, as.a condition to inclusion in the project, that a MBE or CSBE hire, fire, or promote certain individuals not employed by the prime firm, or utilize staff employed or previously employed by the prime firm. • MBE or CSBE Staff Utilization. The Code shall prohibit the prime firm from requiring the MBE or CSBE firm to provide more staff than is necessary and then utilizing the MBE or CSBE staff for other work to be performed by the prime firm. • Fraudulently creating operating or representing MBE or CSBE. The Code shall prohibit a prime firm including, but not limited to, the owners /operators thereof . from fraudulently creating, operating or representing an entity as a MBE or CSBE for purposes of qualifying for certification as a MBE or CSBE. The Code shall also require that on any contract where MBE or CSBE participation is purported, the contract shall specify essential terms. including, but not limited to; a specific statement regarding the percent of participation planned for MBEs or CSBEs, the timing of payments and when the work is to be performed. The failure of a contractor to comply with its Code of Business Ethics shall render any contract between the contractor and the County voidable, and subject violators to debarment from future County work pursuant to Section 10- 38(h)(2) of the Code. The Inspector General shall be authorized to investigate any alleged violation by a contractor of its Code of Business Ethics. By: Signature of Affiant Printed Name and Title of Affiant Printed Name of Firm Address of Firm Date Federal Employer Identification Number SUBSCRIBED AND SWORN TO (of.affirmed) before me this day of _,20_ He /She is personally known to me or has presented as identification. Type of Identification Signature of Notary Print or Stamped Name of Notary Notary Public, State of Serial Number Expiration Date MIAMI- DADSCOUAT Y, FLORIDA :lul Form A -7.2 FLAIR SUBCONTRACTYNG POLICIES (Ordinance 97 -35) FAIR SUBCONTRACTING PRACTICES RFP No. In compliance with Mami -Dade County Ordinance 97 -35, the Proposer submits the following detailed statement of its policies and procedures for awarding subcontracts: The City adheres to an open and competitive process when selecting subcontractors. A copy of the City's Procurement Policy can be obtained from the City Clerk, from the Finance Department, or from the Central Services. I hereby certify that the foregoing information is true fc rrecY d complete. Signature of Authorized Representative: Title: AG (?A* !4� 14" bate: wtr) . �oA a0 Firm Name: U or SI µ Fed.iDNo. !E541 (6,00031 f Address: (d :bo City /State /Zip :alA Telephone: OC3 ) 6(p �'' o�S JC3 Fax: (V (12 2) (2 3c{,� Form A -7.2, Rev. 2,/13101 LIVING WAGE RECOREMENT (Miami -Dade County Ordinance 99-44) Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 99 -44 and Section 2 -8.9 of the Code of Miami -Dade County shall apply to all service contracts 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 (!) food preparation and /or distribution (ii) security services (iii) routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) clerical or other non - supervisory office work, whether temporary or permanent (v) transportation and parking services, including airport and seaport services (vi) printing and reproduction services (vii) landscaping, lawn and /or agricultural services In accordance with Miami -Dade County Ordinance 99 -44, all Service Contractors entering into a contract with Miami -Dade County to provide Covered Services as described above shall pay to all of its employees providing such Covered Services to the County.a Living Wage of no less than $8.81 per hour plus Health Insurance as described in the aforementioned ordinance,. or.$10.09, per hour without Health Insurance. Such Health Benefits shall consist of. payment of at least $1.28 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. dORM A - I7 MIAMI -DADS COUNTY, FLORIDA MIAMI -DARE COUNTY LIVING WAGE AFFIDAVIT (Ordinance 99 -44 and Section 2 -8.9 of the Miami -Dade County Code) Solicitation No.: Title: I ' being first duty sworn hereby state and certify that in compliance with Miami -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 $8.84 per hour plus health benefits as described in the ordinance, or $10.09 per hour without health benefits. By Signature Of AfAffiaat Printed Name of Affiant and Title Federal Identification Number SUBSCRIBED AND SWORN TO (or affirmed) before me this day of by 20 He /She is personally known to me or has presented as identification. Type of identification SignatureofW y Print or Stamp Name of Notary Notary Public — State of Rev. 3126102 Serial Number Expiration Datc Notary Seal COLLUSION AFFIDAVIT (Code of Miami -Dade County Section 2 -8.1.1 and 10 -33.1) (Ordinance No. 08 -913) BEFORE ME, A NOTARY PUBLIC, personally appeared lioae� M. Coax I �g1 who being duly sworn states: " (insert name of afffant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of this contract I state that the bidder of u ifs contraci [� is not related to any of the other parties bidding in the competitive solicitation, and that the contractor's Proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or indirectly, induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought OR by collusion to secure to the proposer an advantage over any other proposer. ❑ is related to the following parties who bid in the solicitation which are identified and listed below Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award unless that presumption is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership interest in another bidder or pro�gser for the same agreement Bids or proposals found to be collusive shall .%% be rejected e r . B i By. pOffl e _ '/ A rl . a� {o 20 /O Sig nature ofTfF — — Date &24 e,'- M Car liuvj � qg" tu/x l" 51g _!o/ Q of Qi q-i3i 0 t Prthted Name of Affiance itfe Federal Employer Identr cation Number Printed Name of Firm (p1-to briVe. SotA to Cr4l Address of Firm DDPACKAGEADDM4))U✓ RW)SM 9/79199 He/She SUBSCRIBED AND SWORN TO (or affirmed) before me this 4— day o9?, 2O& is personally known to me or has presented (// as Print or Notary Public— State Type of identification Serial Number Expiration Date EM PACKAGE ADDENDUM Rc 4,b!Nl]J99 ••;' >; 0 �� = = Y MARIALGARCtP. !..qv C06iM!SS!GN de4 Thm N:Gctauli z:2W 9��nbeC 7hN NOlary PUbI:CUneesv�Nel5 EM PACKAGE ADDENDUM Rc 4,b!Nl]J99 CERTIFICATION REGARDING LOBBYING Certification for Contracts avrante, Loans and Cooperaiif'e AoreemyniS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, -a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any of grant, the making of any Federal Ioan, the entering into of any cooperative agreement, and the extension, continuation, renewal, ai'tien(uTicii, ... m. -- di':cation of --n- Federal contmct e ant lnan nr cooperative agreement. 2. Many of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress *in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for eat By: Print: ue Title: 4 qk7-)l exrAho Name of Firm and Authorized Representative) Date: JLtn - rzr v. Rol 2010 11/06/2009 17:23 FhX �"ir "tijY aSc� wus�.�'M }S43PG w1". I�? 1►�'R nit sM1n, Caries Alv,trt•i, Mayor November 6, 2000 Mr, W. Ajibola Balogun City Manager City of South Mianni 6130 Sunset Drive South Miami, FL 33143 @ 004(005 Wrru+in };'and (.ornmunily Devuiupisu>al 7W ti W. W (PuU • 1411) 1 Irn,r Mwnv, flrvrlrl.l '331 :SG r ;r.c -r,,�s tr1u1 r .'sb- aa�i -t<sr, Activity Title: Murray lark Aquatic Center (to include Swimming Pool) Activity 16: 20051346 Category: Capital Improvement Source: CDBG Approved Amount: $200,000 Subject: FY 2010 Final Award Letter Dmir Mr. Balagun: miamida <ie.}1nv Congratulations! On November 4, 2009, the Board of County Commissioners (BCC) approved the FY 2010 Action Plan funding allocations for the FY 20'10 Community Devolopmonl Block Grant (CD8G), the HOME Investment Partnerships (HOME), the Emergency Shelter Grant (ESG), the State Housing Initiative Partnerships (SNIP) and the Community Develo;;rnent Block Grant Recovery (CDBG -F2) Programs. rills action by the Board of County Commissioners was the culmination of the FY 2010 Consolidated Request for Applications (RFA) process, which opened on July 2, 2009, and was coordinated by the Department of Housing slid Community Development flkla the Office of Community and Economic Development. In an effort to initiate the contract preparation and execution process, plCaSe fill out and return the following documents (see enclosed samples) by November 13, 2009: • Detailed and summary budgets as per format provided, • Scope of services as par format provided; • Environmental Review (ER) form with attachments, In addition. funded agencies are required to attend our Contract Developmem Technical Assistance workshop as follows: November 13, 2009 from 10:00 a,m, to 12:00 p.m, at the Miami-Dade Board of County Commission Chambers, 111 NW 1st Street, Miami, Florida. This workshop is mandatory for all newly funded agencies receiving CDBG or HOME funds, A separate meeting will be scheduled for applicants receiving CDBG -R funds. The purpose of the workshop is to provide technical assistance to agencies regarding the contract development process. At that time, staff will also discuss the new requirement that all CDBG funds will be granted in the form of forgivable loans. The workshop will mosthi focus on 11/06/2005 17:23 FAX 16005/005 Mr. W. AJIbula Rologun City Manager City of South Miami November 6. 2009 Pago 2 federal requirements, the execution of the required d0cun'lents, and the preparation of scopes of services and budgets. Your participation will ensure riot only the expeditious development of your contract(s), but also the implementation and the completion of your activities. within the required time frames. An additional mandatory workshop will be schodulod in mid - January 2010 for Funded agencies /developers of housing activities regardless of funding source. Notification and complete details of this workshop will be forwarded under separate cover. Please contact Sonia Colon. 'ream Leader, at (786) 469 -2100 if you have arty questions. Sincerely, Shaliey Jones Horn Director Enclosures c: Tangie White Jackson, Director, CED Division — DHCD Annetta Jenkins, Assistant Director, HDLAD . DHCD Sonia Colon, Team Leader, CED Division - DHCD a 0 MBAMIIADDE 0 ANNOUNCEMENT 0'N,PUBWC HEARWO. 1%!R THE PROPOSED AMENDMENT TO THE FY 2007 THROUGH 2669AdTION PLAN in the Miami Herald of December6, 2009 ,. a Public Hearing was rescheduled to January 132 2010 at 9:30 am. before the Housing and community Development Committee (HCD)', at the Board of County Commission Chambers located on the second .level of the Stephen P. Clark Center, 111 NW f st Street, Miami, Florida, to consider the proposed amendment to the FY 2007 through 2009 Action Plans, which includes the refinancing guidelines for the HOME Investment Partnerships Program (HOME) and the Community -Development Block Grant (CDBG) program. The advertisement also extended the public comfr)ent period from November 9, 2009 to January, 13; 2010 at 9;30 a.m. Based on the comments received during the Public Comment period, the recommended allocations and refinancing guidelines are being re-advertised as indicated below. A copy'ofthe amendment is available at odrbfflca at 701 NW 1st Court, Miami, Florida And is available on our Web, site at, iniamidade.gov/ Cad. Ali. comments should' continue to be'submitted in writing to the attention, Shlley Jones Horn, Director, Miami =Dade County Department of Housing and Community Development (DHCD) ; 701 NW ist Gourf; l4lb floor, Miami; Florida 33136. Please contact Rosa Davis, Ldad Principal Planner; at (706) 469 -2100, if you have any questions concernin'g`tt saction,,or if you.need to: request free. accommodations for disabled or, non-English speaking 'residents. Such requests must be made at least five days in advance of the scheduled public fii'atffi Federal., regulations governing the CDBG funds require that a participating jurisdiction provide citizens with reasonable notice: of, and an opportunity to,contmenton, any substantial amendments, to the FY 20b7 through 2009 Action Plans. PROPOSED AMENDMENT TO THE FY 2097 .. - THROUGH 2009 ACTION PLANS . SOURCES OF REALLOCATED CDBG FUNDS . City of Opa Locka Sherbondy,Paik PooV commission District Commission Disrict. - _ N/A " - S150,000 CDBG 2009 Fund Fund02Resevo, Gymna'slum Exptinsion Commission DlsUict Commission Disrict N/A- - 5160,000. CDBG 2009 Fund Fund 07 Reserve City of $both Miami Murray Park Aquatic ' Commission Disinct Commission Disrict N/R - $200,000 CDBG 2009 Fund Fund 13 Reserve . swimming pool) Commission District Commission Disrct N /A' - $40,000 CDBG2007 -Fund Fund 08 Reserve: - Center Assistance (CORD) Commission District Commission Mellon N/A - 55,000 CDBG 2007 ' Pond bond 13 Reserve TOTAL COMM TO BE REALLOCATED - $555,000 j RECOMMENDED REDISTRIBUTION OFCOBG FUNDS City of Opa Locka Sherbondy,Paik PooV $062 $25,090. CDBG20D9 Gymna'slum Exptinsion &Renovation City of $both Miami Murray Park Aquatic 3245 $160,900 CDBG 2009 Center (to include swimming pool) Contractor's Resoumq ED Tacamcar 4756 $75,000 CDBG20D9 Center Assistance (CORD) Dynamic Community 'Economic 4777 . $50,009 CDBG 2009 Development Cory. Development Technical Assistance Hialeah -Dade j Economic N/A $205,000. CDBG 2OD9 Devdlopment,lne:. Development Technical Assistance Acclose USA, Inc. %Micro Loan Program N/A $15,000' CDBG g009" Parmers for self Matched Savings Fund 4778 $251ODO. CDBG 2009 .Employment mcJd1m , Micro - Business, USA TOTAL CDBG FUNDS REDISTRIBUTED 1$555,000 . TOTAL COED FUNDS TO BE REALLOCATED. - $555,000 ' TOTAL CDBG FUNDS REDISTRIBUTED. 1$555,000 RESOLUTION NO.: 142 -09 -12951 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR. 2009 GRANT AGREEMENT AMENDMENT WITH MIAMI-DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR MURRAY PARK AQUATIC CENTER (SWIMMING POOL) CONSTRUCTION, THEREBY INCREASING THE AMOUNT OF FUNDING FROM $556,911.00 TO $756,911.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami was awarded a grant for swimming pool Construction Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the City of South Miami is being awarded an additional $200,000.00 from Miami - Dade County's Office of Community and Economic Development for the Swimming 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 Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County Office of Community and Economic Development for Murray Park Aquatic Center (Swimming Pool) Construction Phase increasing the amount of funding from $566,911.00 to $756,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement amendment with Miami -Dade County's Office of Community and Economic Development for Murray Park Aquatic Center (Swimming P000 Construction Phase increasing the amount of funding from $556,911.00 to $756,911.00. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 1 at day of September 2009. ATTEST: OtTY CLERK 9 ATTORNEY/ Include File Name and Path APPROVED: � MAYOR COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Yea Commissioner Palmer: Yea Commissioner Sellars: Yea Carlos Alvarez, Mayor October 21, 2009 Ms. Carol Aubrun Grants Administrator City of South Miami 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. 1st Court o 14th Floor Miami, Florida 33136 T 786 - 469 -2100 F 786- 469 -2170 miainidade.gov Re: Amendment One to the FY 2009 Community Development Block Grant (CDBG) FY 2009 Contract - $756,911 (Murray Park Aquatic Center — Construction Phase 1) Dear Ms, Aubrun: Enclosed Is an executed copy of the Amendment One to the FY 2009 CDBG Contract between the City of South Miami and Miami -Dade County for your agency's Murray Park Aquatic Center — Construction Phase I. The effective term of this agreement is from January 1, 2009 through December 31, 2010. Your staff must ensure that the Department of Housing and Community Development receives the reports and other required documents identified in the contract by the required deadlines to avoid suspension of funds. If you have any questions, please contact me at 786 -469 -2220. Sincerely, ,`Letitia S. do�ds 'n Contracts Officer :Isg Enclosure index Code: GD535C08CI and CD534C09CCl c: Central File: CDBG FY 2009 City of South Miami (Murray Park Aquatic Center — Construction Phase 1) AMENDMENT ONE TO THE FY 2009 CDBG CONTRACT BETWEEN THE OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT AND CITY OF SOUTH MIAMI This agreement entered into between Miami -Dade County, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to as the "Awardee" executed on March 30, 2009, is amended as follows: Paragraph IV. The Awardee and OCED Agree: A. Effective Date: 1. This agreement began on January 1, 2009.. Any costs incurred by the Awardee prior. to this date will not be reimbursed by the County. 2. This agreement shall now expire on December 31, 2010,. 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 additional time period during which the Awardee remains in control of the CDBG funds or other assets, including Program Income to support CDBG eligible activities. Any extension made pursuant to this paragraph shall be accomplished by writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This amendment shall reflect a new total of $756,911.00. 4. This agreement may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph Y, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. The effective date for this amendment is June 30, 2009. Except for any changes enumerated above, all provisions of the contract shall remain in full force and effect. This Amendment and all its attachments are hereby made a part of the Agreement. Murray Park Aquatic Center- Construction Phase i Contract Date: 1101109 - 12/31/10 IN WITNESS THEREOF, the parties hereto have caused this two (2) page amen d nt to be gxe u ed by their undersigned officials as duly authorized, this J day f Vi . 2009. AWARDEE: MIAMI -DADE COUNTY City of South Miami BY: BY: utib ba trl �° NAME: to- k5tP -,4xA �Jr°,Ifi�tdt`! NAME: TITLE: TITLE: Citv Manager DATE: 17-0-02 NAME TITLE: DATE Witnesses: BY: /'A M e °4, eel M1 D F ATTEST cn° J... S TITLE: Clerk „ Board ,. }of Commissioners (Signature) ” � Reviewed by the Miami Dade County Attorney for Legal Maria M. Menendez Suffciency Type or Print Name Federal ID Name Number: 59- 6000431 Resolution #: R- 1927 -08 and R- 914 -09 Awardees' Fiscal Year.Ending Date: 9130 CORPORATE SEAL: AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 2 0 ATTACHMENT A City of South Miami CDBG ]FY 2009 Scope of Services January 1, 2009 — December 31, 2010 1. - ACTIVITY TITLE: Murray Park Aquatic Center— Construction Phase I 2. - ACTIVITY DESCRIPTION: Capital Improvements — Public Facility 3. - APPROVED BY BCC: $756,911 4. - SOURCE: CDBG 2009 5. - HUD INFORMATION: 5a. — HUD matrix code: 03F 5b. — Title: Neighborhood Facilities 5c. — Eligibility 570.201(c) 6. - ACCOMPLISETIENTS: 6a. — Number of Units: 1 6b. — Type: Facility 7. - NATIONAL OBJECTIVE: 570.208(A)(1) — Low/Mod. Income Area (LMA) 8. - ACTIVITY ADDRESS: 5800 S.W. 66" Street (Murra Park) Miami, Florida 33143 9. - LOCATION: City of South Miami ➢ CO: Letitia Goodson PLANNER: Winston Parkinson o- a a °O �.,° z :ACGO. c�mm�DOZOO�'c moaozoo �'nm-�z° c,mmm000� • ommg c 3 3 b �mAnm'�zbzz' 5 3 O CI b A y Ci Y m 3 0 Ci O b H � zH.m Y' ✓.: an.ozz� $� O G C N ° a m O v r �, c O Z Z ..,1[ " n �YZ m�C OCC "+z mr C GC 4A `�ztnA r r Dap O �'rO p rom-�NOOO FS C 00 'o tm �S -•Npnp CA OOf � o m gD SOO2 p> " "' '" O m'< n T A ..T S T ^; � ^1 � N m Z C p •. A ,, • Y p D b n D O r C p C n ' A Y m a b n O r C p C p 41 AAA m Y p � O A C ,.� y N z �/ � ' +D In nl p x O b D D � z - ?t ,r�i� •°� i yy 1 (] 4 m 9 n T x' 4 c K m m s 0i ' DAC O C m 2 h r. O < r Oi yn s i z m y O m C ; my I a A m e °m m� o a z� 'c � o �C m� p c °ro ° m m b o o °m ab °• c m o .aAO �� b � A °° o i� m m sz� :-roa Y"�xz'zR"' cAC ,z,�n3 .3y�a TOOmbmy'.oA AOo O O Z o�F'�e i y b m z m z m ,` r m A z o a z� ti• �` O y a rhea' N rN f O I,µ } I YY A C .ri a, p ems o mo pq� m zo R O °t mms < N a, 9 <pg mG—G Ga+ r I s !7 a y, < z �•, y o0 3 m c i P S'y 5J N m 1C" N Attachment B CITY OF SOUTH MIAMI Murray Park Aquatic Center Construction - Phase I CDBG FY 2009 SUMMARY BUDGET JANUARY 1, 2009— DECEMBER 31, 2010 PRIOR YEAR FY 2009 FY 2009 NON•OCED FUNDING (Pool CATEGORIES Desion) CD535C08CI Plan Amendment FUNDING TOTAL I. Personnel $16,363 $14,500 $0 $0 $30,863 II.Contractual Services $259,637 $40,500 $0 $0 $300,137 III.Operating Services IV. Capital Outlay $0 $276,000 $0 $501,911 $0 $200,000 $0 $50,000 $0 $1,027,911 TOTAL BUDGET $276,000 $556,911 $200,000 $50,000 $1,358,911 SOURCES OF OTHER FUNDING TOTALAMOUNT CRA $50,000 Attachment B CITY OF SOUTH MIAMI, ING COBG FY 2009 Murray Park Aquatic Center Construction - Phase 1 DETAIL BUDGET January 1, 2009 thru December 31, 2010 4010 Fringe Benefits FICA sala X7.65% PP Non -OCED OCED OCED Total OCED Total All Sources 21012 Environmental Audit 31011 Telephone CD535C08C1 Plan Amendment $ $ Sub -Total Frin e $ $ $ 1,000 $ 4010 PERSONNEL - Em to ee $ 1,000 21030 Other Professional Svc $ $ $ Regular- Salaries $ .. Total Personnel $ 1 $ 14,500 1 $ Public Works Director $ 14,500 $ $ 7,000 $ $ 7,000 $ 7,000 Chief Accountant $ $ $ 500 $ $ 500 $ 500 Grants Administrator $ $ $ 6,000 $ $ 6,000 $ 6,000 Sub -Total Salaries $ 40,500 $ $ 13,500 $ $ 13,500 $ 13,500 4010 Fringe Benefits FICA sala X7.65% Regular $ $ 1,000 $ $ 1,000 $ 1,000 21012 Environmental Audit 31011 Telephone $ $ $ $ Sub -Total Frin e $ $ $ 1,000 $ $ 40,500 $ 1,000 21030 Other Professional Svc $ $ $ $ .. Total Personnel $ 1 $ 14,500 1 $ $ 14,500 $ 14,500 Contractual Services 21011 External Audit Regular $ $ $ $ 501,911 $ 21012 Environmental Audit 31011 Telephone $ $ $ $ 21030 Other Professional -Svc Const M mt $ $ $ 40,500 $ $ 40,500 $ 40,500 21030 Other Professional Svc $ $ $ $ 122350 Bottled Water $ $ $ $ 25330 Rent Copier is $ $ 25511 Building Rental $ $ Total Contractual $ $ 40 500 $ 40,500 $ 40,500 Operating Expenses 31011 Telephone Regular 31510 Outside Printing $ $ $ 501,911 $ 200,000 $ 31011 Telephone Lon .Distance $ 1 $ 31610 Postage $ $ 501911 $ 20Q,000 $ 756,911 $ 31420 Advertising Radio $ $ Total O eratin Expenses $ is Commodities 31510 Outside Printing 1 $ $ 501,911 $ 200,000 $ 701,911 $ 95020 Computer Purchase $ 1 $ 47010 Office Supplies/ Outside Vendors $ $ 501911 $ 20Q,000 $ 756,911 $ Total Commodities $ $ Capital Outlay 90 Construction 1 1 $ 50,000 $ 501,911 $ 200,000 $ 701,911 $ 751,911 Infrastructure Im rovements $ 1 $ 1 Total Capital Ouflay $ 50000 $ 501911 $ 20Q,000 $ 756,911 $ 751411 TOTAL BUDGET $ 501000 '911.001 $ 806,911 SOURCES OF OTHER FUNDING TOTAL AMOUNT CR4 $50,000 RESOLUTION NO.: 55 -09 -12864 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE FISCAL YEAR 2009 GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF COMMUNITY AND ECONOMIC DEVELOPMENT (OCED) FOR AQUATIC CENTER CONSTRUCTION IN THE AMOUNT OF $566,919.00; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of South Miami has been awarded a grant for Aquatic Center Construction Phase in the amount of $556,911.00 from Miami -Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement with Miami - Dade County's Office of Community and Economic Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to execute, the grant agreement with Miami -Dade County Office of Community and Economic Development for Aquatic Center Construction Phase in the amount of $566,911.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission authorize the City Manager to execute the grant agreement with Miami -Dade County's Office of Community and Economic Development for Aquatic Center Construction Phase in the amount of $666,911.00. Section 2: The attached exhibit is Incorporated by reference into this resolution. PASSED AND ADOPTED this %� day cf 'a)a4 2009. ATTEST: QI _T'r C REA,D� AND APPROVED AS TO FORM: CVY ATTORNEY Include File Name and Path APPROVED: MAYOR COMMISSION VOTE: 3 -1 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Newman: Nay Commissioner Palmer absent Commissioner Beckman: Yea 1N� • :r�i,1r, R; COUNTY _,.. Carlos Alvarez, Mayor April 1, 2009 Mr, W. Ajibola Balogun City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Community & Economic Development 701 N.W. 1 st Court • 14th Floor Miami, Florida 33136 T 786- 469 -2100 F 786- 469 -2236 Re: Community Development Block Grant FY 2009 Contract- $556,911 Murray Park Aquatic Center — Construction Phase I Dear Mr. Balogun: miamidade.gov Enclosed is an executed copy of the CDBG FY 2009 Contract between the City of South Miami and Miami -Dade County for your agency's Murray Park Aquatic Center — Construction Phase I. The effective term of this agreement is from January 1, 2009 through December 31, 2010. Your staff must ensure that the Office of Community and Economic Development receives the reports and other required documents identified in the contract by the required deadlines. to avoid suspension of funds. if you have any questions, please contact me at 786 - 469 -2220. Sincerely, �`��cr9ar,J \\ Letitia S. Goodson Contracts Officer :Isg Enclosure Index Code: CD535CO8CI c: Central File: CDBG FY 2009 — City of South Miami (Murray Park Aquatic Center — Construction Phase 1) CDBG FY 2009 Municipality FY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT GOVERNMENTAL CONTRACT BETWEEN MIAMI -DADE COUNTY AND THE CITY OF SOUTH MIAMI This contract is entered into between Miami -Dade County, hereinafter referred to as the "County" and the City of South Miami, A municipal government organized under the laws of the State of Florida hereinafter referred to as the "Awardee ". The parties agree: 1. Definitions OCED office of Community and Economic Development or Its successor Department 24 CFR Part 570 -CDBG Federal regulations DevelopmentA implementing Title I of as amended- Community Development Block Grant Low- and Moderate- Income family whose income s within moderate-income pecified Income limits set Person y forth by U.S. HUD. Contract Records Any and all books, records, documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed, electronic, or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction 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 time in which the Awardee is source during the period of performing the obligations set forth in this contract. Recipient of CDBG funds from Miami -Dade County Awardee Subcontractor Any Individual or firm hired on a contractual basis by,the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "A -111) of this contract. Any contractual agreement between a Subcontractor and Subcontract the Awardee Murray Park AquatC na Construction t ct bate: 110110 9 -1 2 3111 0 II. The Awardee Agrees: A. Type of Activity The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," in the County or the focus areas) of Miami -Dade. B. Insurance To comply with Miami -Dade County's insurance requirements as well as any relevant state of Florida insurance requirements. C. Indemnification The Awardee shall indemnify and hold harmless the County and its officers, employees, agent and instrumentalities from any and all liability, losses or damages, including attorneys' fees . and cost of defense, which the County or Its, officers, employees, agents or Instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners, principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall Investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the Awardee shall not he held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claim's or judgment paid by the Awardee arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the Awardee. The provisions of this section survive the termination or expiration of this agreement. D. Documents The Awardee shall submit documents to OCED as described below or any other document in whatever form, manner, or frequency as prescribed by OCED. These will nt act and for compliance with applicable County and Federal requi this requirements. co m 1. progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, "Progress Report;' as it may be revised by OCED, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A, "Scope of Services:' The Awardee shall ensure that OCED receives each report in triplicate (or as indicated) no later than April 10, 2009, July 10, 2009, October 9, 2009, January 8, 2010, April 10, 2010, July 10, 2o10, October 9, 2010 and January 8, 2011: b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when subcontractors or 'sub - consultants are utilized to fulfill the terms, and conditions of this contact, Miami- Dade County Resolution No. 1634 -93 will apply to this contract. This resolution requires the selected Awardees to file quarterly reports as to the amount of contract monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other report ing requirements required by law, ordinance or administrative order. The Awardee shalt submit to OCED a cumulative account of Its activities under this agreement by completing the following portions of the Progress Report Form: Section I - status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and/or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low- moderate and low income - residents. The Awardee shall also report emographic information on each head of household. Each goal and corresponding objective(s), as indicated In the approved scope of Services, must be addressed as part of this report. section ii - Fiscal information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section III - Minority Business Enterprise: Contract and Subcontract Activity Report (First and Third Quarter progress Report)- The Awardee shall report to OGED the number of business activities involving minority vendors, including subcontractors performing work under his 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 OCED no later than April 10, 2009, October 9, 2009, April 10, 2010 and October 9, 2010. Section IV - Neighborhood Employment Opportunities: Neighborhood Emplovment Opportunities Report (First and Third Lluarter Progress Report) -The Awardee shall report to OGED the number of focus and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted a See using C, as t temaygbe revised. FThisasecti n of theafo m shall be comp et d semiannually by the Awardee and submitted to OCED no later than April 10, 2009, October 9, 2009, April 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 shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. C. Unspecified Site(s) Objective - if the Awardee has not yet identified a location to carry out any of the activities described in Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section II, Paragraph D.A. of this contract. Copies of the above described Progress Report shall be received by OCED 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 DA.a and Paragraph D.3. 2. Annual Report (Fourth Quarter Progress Report)- The Awardee shall submit cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section 11, Paragraph D.1.a. above, each of the shag describe the progress made by the Awarderevious achieving year. ea "Annual objectives Identified in Attachment A during the p 2009 through Report" must cover the CDBG fiscal year of January December 31, 2009 and shall be received by OCED no later than January 8, 2010 and January 1, 2009 through December 31, 2009 and shall be received by OCED no later than January 8, 2011. 3. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this contract, shall submit information detailing the location of each site for which a Site Environmental Clearance Statement, will be prepared as described in Article ii, Section E.5. of this contract set forth below. The Environmental Review is to be prepared on information contained in Attachment E, "Information for Environmental Review." B Audit Report - The Awardee shall submit to OCED an annual audit report in triplicate as required by Section ii, Paragraph I of this contract as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and rd a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A -133. 51 Inventory Report - The Awardee shall report annually all nonexpendabie personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section 11, Paragraph 0 of this contract. 6 Affirmative Action iopportunities OCED ela ve to the ty of employment whe ver so requested by OCED. E. Participation in the CDBG Program 1. The Awardee shall maintain current documentation that its activities meet one of the three (3) CDBG national objectives: a. To benefit low- and moderate- income persons; b. To aid in the prevention or elimination of slums or blight; c. To meet community development needs having a particular urgency. 2. For activities designed to meet the national objective of benefit to low- and moderate - income persons, the Awardee shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or In part with CDBG funds. is an activity which provides benefit to no less than 51% of low -and moderate- income persons. 3. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. 4. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and o24 Cg FR57 the06 b)sib) the requirements of 24 CFR 670.606. (c) g Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606 (d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. S. 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, OCED's written environmental any and all requirements as may shall may be set forth In i In theri comply Site Environmental Clearance Statement. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall. cooperate with OCED in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this contract. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, OCED, or the County. 7. The Awardee shall, to the greatest extent possible, give low- and moderate - income residents of the service areas opportunities for training and employment. 8. For activities involving acquisition, rehabilitation and/or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Urban Development Unit of OCED prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 9. The Awardee shall adopt Affirmative Marketing 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 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 OCED its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 10. For any Housing activities, the Awardee shall successfully complete the Community Development coursework conducted by the Local Initiatives Support Corporation, which will be held at Florida International University throughout the current contract period. The Awardee shalt provide written notification to OCED, no later than 30 days after the completion of the coursework. This requirement may be waived in the sole discretion of OCED for Awardees who demonstrate knowledge of real estate development and organizational management theory. OCED shall consider such waiver upon receipt of the written request by the Awardee. 11. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and OCED will have the right to monitor the activity. 12. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502 Federal, State, and County Laws and Regulations t, RULES, REGULATIONS AND LICENSING ad REQUIREMENTS and regulations The Awardee shall comply applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended 6 by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CPR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with 24 CFR Part 85, OMB A -128, OMB A -87, and with the applicable procedures specified in OCED's Contract Compliance Manual, which are incorporated herein by reference, receipt of which Is hereby acknowledged, and as they may be revised. 2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title 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 and Conservation Act (Pub.t- 94 -163) which requires mandatory standards and policies relating to energy efficiency. The Provider also agrees to comply with the D mes which requires ve Code, codified as 11A -60 et seq. of the Miami -Dade County employer, who in the regular course .of business has fifty ( 50 ) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Provider. 3. If the amount payable to the Awardee pursuant to the terms sth t applicable n tract is in excess of $100,000, the Awardee shall comply all standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 9251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CPR Part 15); and Executive Order 11738. 4. Assurance of Con IFance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by OCED. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below Including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Attirmanve. not,..,....- - -- Procurement Practices (Ordinance #98 -301 -All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposalsibids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of p of the nation are Directors are representative of the population make -u exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposalsibids to be filed with the Clerk of the Board, an appropriately completed and .signed Exemption Affidavit in accordance with Ordinance 98 -30, These submittals shall be subject to periodic reviews to assure that the entities do not discriminate In their employment and procurement practices against minorities and women -owned businesses, it will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bidtproposaL Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7, Domestic Violence Leave Affidavit : Prior to entering into any contract with the Couty, a firm desiring to do business with the County shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the Miami -Dade County Code. This Ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. in accordance with Resolution R- 185 -00, the obligation to provide domestic violence leave to employees shalt be a contractual obligation. The County shall not enter into a contract with any firm that has not certif led its compliance with the Domestic Leave Ordinance, Failure to comply with the requirements of Resolution R- 185 -00, as well as the cn terminated result t being declared void, the contract being a d or thefirmbeing debarred. 8. Code of Business Ethics: In accordance with Section 2- 8.1(1) of the Code of Flaml -Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics 1 "C,odae "cane s halt 9. PUBLIC EN anTITY CRIMES Pursut 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 O leases n asr a 1 Awa dee�osupple' p r entity; may not be awarded or 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 discover that vendor list The the Awardee 's representations regarding the list acre false, this conttract shag be terminated on the discretion of Miami -Dade County. Further, should the Awardee be placed on the list at any time during this contract Miami -Dade County shall have the right to terminate this agreement 10. CRIMINAL CONVICTION Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If any attesting firm, or any owner, subsidiary, or other firm affiliated with or related to the attesting firm, is found by the responsible enforcement agency, the. Courts or the County to be in violation of the Acts, the County will conduct no further business with such attesting firm. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 11 Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit S. Disability Nondiscrimination Affidavit 61 Criminal Record Affidavit 7. Public Entity Crime Affidavit 6, Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes % Affirmative Action Affidavits 11, Current on all County Contracts, Loans, and Other Obligations Affidavit U. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 16. 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 11, Public Services; Title 111, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.G. Section 3601 -3631, G. Conflicts with Applicable Laws if any provision of this contract conflicts with any applicable taw or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this contract, as modified, shall continue and all other provisions of this contract shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. H. Construction if the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. contract, t prior to taking a ny vaction noted in n schedule a maeeting to. receive compliance information. 2 procedureshwhich, at r as minimum, hall adhere to all d applicable nfederal 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. A. Submit to OCED for written prior approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to OCED all construction plans and specifications and receive OCED's approval prior to implementation. 6. Contact the OCED representative noted In Section IV, Paragraph K prior to scheduling's pre- construction conference. OCED will hold 1o% of the total grant award as 'a retainer until the construction work is 75% completed, verified by OCED. At that time the retainer will be reduced to 5 % until the work is completed, verified with a Certificate of occupancy, 7. The County shall have the right to assign the Community Builders Division of the Office of Community and Economic 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 s% of the agreement's award to cover thew cost t Of the technical assistance. The Awardee shall cooperate and comply all requests made by the Community Builders Division of the Office of Community and Economic Development. g. Execute a restrictive covenant with Miami -Dade County for the grant award and the use of the land to ensure its use as a CDBG project site as defined and described In Attachment" A" of this agreement. Audits and Records 1. The Awardee expending $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133, The Awardee expending federal awards of $s00,00a0n s ore audit only one federal program may elect to have a prop p performed, in accordance with OMB A433. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs 10 may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. The Awardee expending less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). Such Awardees that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent 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). 3. When the requirements of OMB A -133 apply, or when the Awardee elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by OCED no later than six (6), months following the end of the Awardee's fiscal year., 4. The Awardee shall maintain all Contract Records In accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this contract. 5. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this contract. 6. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duty authorized by the County. 7, The Awardee shall include in all OCED approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described In this contract and defined by OCED, each of the record - keeping and audit requirements detailed in this contract. OCEO shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. 6. The County reserves the right to require the Awardee to submit to an audit by Audit and management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to the Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Awardee it 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. g. The Awardee shall ensure that Its auditors share their audit results with OCED. The auditors must submit the completed monitoring instrument and the audit report to OCED within six months after the conclusion of the audit period. !. Retention of Records 'l. The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities the Retention Period shall begin upon the expiration or termination of this contract. b. For CDBG assisted public service activities the Retention Period shall begin upon the date of U.S. HUD's acceptance of OCED's annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity the Awardee must retain all contract records except those relating to real and nonexpendable personal property. C. For ail, other CDBG assisted activities. the Retention Period shall begin upon U.S. HUD's acceptance of OCED'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 J.1.c., the Awardee must retain all contract records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all contract 1 records relating to real and nonexpendable personal property a begin upon the date of the final disposition of the property. 2. if the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this contract, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of OCED, fully, completely and finally resolved. 3, The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the contract records during the required Retention Period. 4. The Awardee shall notify OCED In writing, both during the pendency of this contract and after its expirations part of the final close -out procedure, of the address where all contract records will be retained. 5. The Awardee shall obtain written approval of OCED prior to disposing of any contract records within one year after expiration of the Retention Period. K. Provision of Records act records. q, The Awardee shall provide to OCED, upon o gOCEDall contr restriction, These records shall become the property reservation, or limitation of their use. OCED shall have unlimited rights to all 12 books, articles, or other copyrightable materials developed for the purpose of this contract. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is regulated by other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to OCED immediately upon such issuance unless such disclosure is a violation of the regulatory agencies issuing the reports. 3. MIAMIDADE COUNTY INSPECTORGENERALREVIEW According to Section 2.1076 of the Code of Miami -Dade County, as amended by Ordinance.No. 99 -63, Miami -Dade County has established the Office of the inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (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 the County from shall also be included in all hangeoo dens selected and all contract renewals and progress Payments extensions.. a. Exception: The above application of one quarter (114) of one percent fee assessment shall not apply to the following. contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts, (h) revenue - generating contracts; (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; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3 -2; (m) federal, state and local government - funded grants; and (n) interlocal agreements. RnArd 01 Nothing contained above shall In any way. limit the Powers of the Inspector General to perform audits on this contract. COMMISSION AUDITOR ACCESS TO RECORDS pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this contract. L. Prior Approval The Awardee shall obtain prior written approval from OCED prior to undertaking any of the following: 1. The engagement or execution of any subcontracts or contract assignments, wherein CD13G funds will be used to pay for goods or services. The Awardee must subit all proposed days pr or t agreement documents O least o the start da a ofthe agreement OCEDshall have no obligation gat on 13 to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by OCED of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions. 4. The purchase of all nonexpendabte personal property not specifically listed In the approved budget. 5. The disposition of all real, expendable personal, and nonexpendabte personal property as defined in Section 11, Paragraph Q.1. of this contract. 6. All out -of -town travel not specifically listed in the approved budget. 7. The disposition of program income not specifically listed in the approved program income budget. 8 Requests publication s is as Invitations provided for in Section 11, Paragraph agraph H Bids and s for Prop of this contract. 9. The disposal of ail contract records as provided for in Section 11, Paragraph J of this contract. M. Monitoring The Awardee shall permit OCED and other persons duly authorized by OCED to inspect all contract records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this contract, and/or to interview any clients employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, OCED will deliver to the Awardee a report of its findings; and the Awardee will rectify all deficiencies cited by OCED within the specified period of time set forth in the report, or provide OCED with a reasonable justification for not correcting the deficiencies.. OCED will determine, in it 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 OCED in it report. N. Conflict of interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict In any manner or degree services requried under this Agreement. The Awardee with that n afthe performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee shall submit to OCED within five days of execution of this contract all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: ➢ Original contract or its subsequent amendments. 14 A Requests for budget revisions. ➢ Requests for approval of subcontracts. Non- compliance with the above requirements will be considered a breach of contract, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through OCED for a period of three years. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to OCED immediately upon the Awardee's discovery of such possible conflict. OCED will then render an opinion which shalt be binding on all parties. O. Publicity, Advertisements and Signage 1. The Awardee shall ensure that all publicity, public relations and advertisements and signs, recognize the Miami -Dade Office of Community and Economic Development (OCED) and Community Development Block Grant (CDBG) for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. All signs used to publicize a OCED d must also activities must be approved by OCED prior to being posted meet the standard specifications as established by OCED. The use of the official Miami -Dade OCED logo is permissible 2. The Awardee shall furnish, erect and maintain construction signs in accordance with sketch included in these contract documents. The signs shall be made of % inch thick marine plywood, newly painted and lettered according to the accompanying sketch. The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity and neatness and use of weather - resistant colors and materials. The Awardee shall place the signs, securely braced and mounted, as shown on the typical project.sign placement diagram or as directed by the engineer. All materials shall be provided by the the Awardee n the ompletionof the s shall remain h contract. NO WORK SHALL COMMENCE UNTIL tTHE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT InF. r r and project signs will be required. Payment for furnishing, 9 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 contract from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this contract. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by OCED in the CDBG application approved by the supervising federal agency. The Awardee shalt assure that all subcontracts or third party agreements contain provisions with stated goals, that low- income residents from Community Development focus and service areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financial assistance toward Target Area residents and ensure that employment and economic opportunities be given to low 15 and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below, The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968; as amended, 12 U.S.C. 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 contract agree to comply with HUD's regulations in 24 CPR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Awardee agrees to include this section 3 clause in every subcontract subject to compliance with regulations In 24 CPR 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 CPR 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 CPR part 135. 5. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CPR part 136 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CPR part 135. 6 termination i ofethis contract rfor default, and debarment o5 suspension result from future HUD assisted contracts. 7. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self. Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (li) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Pair Subcontracting Policies (Ordinance 97 -35) Ail Awardees on county contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97 -35 as amended, requiring Awardees to 16 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 bidiproposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see attached Form A -7.2). Awardees who fail to provide a statement of their policies and procedures may not be recommended by the County Manager for award by the Board of County Commissioners. The term "local" means having headquarters located in Miami -Dade County or having a place of business located in Miami -Dade County from which the contract or subcontract will be performed. The term "subcontractor" means a business independent of a Awardee that may agree with the Awardee to perform a portion of a contract. The term "subcontract" means an agreement between a Awardee and a subcontractor to perform a portion of a contract between the Awardee and the County. Q. Property 1. Definitions a. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights C. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds received from OCED in excess of $25,000 shall be either: 17 1) Used to meet one of the three (3) CDBG national objectives until five years after the expiration or termination of this contract, or for such longer period of time as determined by OCED in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. In the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Awardee such longer period as determined by OCED -then the Contract or shall pay to OCED an amount equal to the market value of the property as may be determined by OCED in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph Q.2.a.1., above. b. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from OCED for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from OCED. c. All real property purchased or improved in whole or in part with funds from this and previous contracts with OCED, or transferred to the Awardee after being purchased In whole or in part with funds from OCED, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is In parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and Identify the CDBG national objective that will be met. if the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. d. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with OCED 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 OCED. This report shall include the elements listed in Paragraph T.2.c., above. 3. The Awardee shall comply with the nonexpendable personal property requirements as stated below. a: All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED 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; 18 unit cost at the time of acquisition; present market value; property Inventory number; Information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendablo personal property purchased or improved in whole or in part with funds from this and previous contracts with OCED shall be inventoried annually by the Awardee and an inventory report shall be submitted to OCED. The inventory report shall include the elements listed in Paragraph Q.3.a., above. c. Title. (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this contract shall vest in the County and OCED. 4. The Awardee shall obtain prior written approval from OCED for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or In part with funds given to the Awardee or subcontractor pursuant to the terms of this contract. The Awardee shall dispose of all such property in accordance with instructions from OCED. Those instructions may require the return of all such property to OCED. R. Program Income 1. Program income as defined in 24 CPR Part 670.500 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When program income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The Awardee shall not, under any circumstances, use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this contract and applicable federal regulations or rules or any County rules or ordinance. a. The Awardee shall comply with the program income provisions in OCED's Contract Compliance Manual. If any program income provisions of the Contract Compliance manual conflict with any program income provisions of this contract, the provisions of this contract shall rule. ii1 use program Income, the Awardee shall report to OcED all cumuiarrve Program Income generated tram activities financed in whole or in part by funds from this contract. This information along with a check c. The Awardee shall report Program income for as long as it receives and /or has control over Program Income generated from this and any previous contracts with OCED. d. The Awardee shall provide to OCED a written explanation of the activities to be assisted with Program Income and shall obtain OCED's written approval prior to implementing those activities. All 19 S. T. provisions of this contract shall apply to any activity performed using Program Income. e. Subject to the limitations set forth in this paragraph, the Awardee may use program income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 670 et seq. f. Program income from a revolving loan activity must be used only for the same revolving loan activity. g. Program income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income,, shall be substantially disbursed to eligible loans, loan related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. h. All program income from nonrevolving loan activities shall be substantially disbursed to carry out other OCED approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. i. Any proceeds from the sale of property as detailed in Section 11, Paragraph CIA., above, shall be considered program income. j. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and Its disposition. 3. Upon expiration or termination of this contract or at the end of any program year, the Awardee shall transfer to the County any program income funds on hand, and any program income accounts receivable attributable to any CDBG funded activities. OCED may require remittance of all or part of any program income balances (including investments thereof) held by the Awardee (except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 Security needs). 4. OCED, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of program income generated by the Awardee, and such action shall not require an amendment to this contracts. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of OCED's Contract Compliance Manual. Subcontracts and Assignments 1. Unless otherwise specified in this contract, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without the prior consent of the County may result in termination of the contract for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634.93, Section 10 -34 of the County Code and Section 2.8.8 of the County Code. M 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 httas' /lwww.epls.gov/ Awardee shall provide to OCED 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 miamidade govisbalreoorts.debarment to determine if a person or entity is on Miami -Dade County's debarred contractor's list. Awardee shall provide OCED with a printout copy of the site page that indicates the name and the date it was checked. b. Comply with ail requirements and regulations specified in OCED'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 applicable a regulatory and other requirements of this contract. and with any conditions of approval that the County or OCED 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 OCED, set forth in this contract. OCED shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above, and; g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." 2. The Awardee shall incorporate in 311 consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided In this subcontract. 3. The Awardee shall be responsible for monitoring the.contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services 4, The Awardee shall receive from OCED written prior approval for any subcontract prior to engaging any party who agrees to carry out any substantive programmatic activities as may be determined by OCED as 21 described in this contract. OCED's approval shall be obtained prior to the release of any funds for the subcontractor. 5. The Awardee shall receive written approval from OCED prior to either assigning or transferring any obligations or responsibility set forth in this contract or the right to receive benefits or payments resulting from this contract. 5. Approval by OCED of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by OCED in excess of the total dollar amount agreed upon this contract. 7. If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to OCED. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list without prior written approval from OCED. U. Additional Funding The Awardee shall notify OCED of any additional funding received for any activity described in this contract. Such notification shall be in writing and received by OCED within thirty (80) days of the Awardee's notification by the funding sourcei V. Method of Payment The Awardee shall be paid as described below: 1: The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to OCED adequate proof, as determined by OCED 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 OCED 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 OCED. The Awardee must adequately justify their, absence in writing and furnish copies of those documents to OCED. The Awardee shall be paid only for those expenditures contained within. Attachment B, "Budget," to this contract as it may be revised with the prior written approval by OCED. 2. Requests for payment shall be assembled by calendar month and submitted the to OCED no less frequently than monthly. Expenditures with n incurred days after the Awardee must be submitted to OCED for payment month in which the expenditures were incurred, Failure to comply may result in rejection of invoices. 3 or to any subclont a for hereunder nor shall the Awardee advance CDBC7 funds to any party. 4 he y receipt anduapproval bytOCED of all reports and documents iwhich the Awardee is required to submit to OCED pursuant to the terms of this contract or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services and payment is 22 contingent on the achievement by the Awardee of the quarterly accomplishment levels identified. in the scope of services portion of this agreement — Attachment "A," which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payments will be made without evidence of appropriate insurance required by this contract. Such evidence must be on file with OCED and the County's Risk Management Division. OCED must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this contract if the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payments if OCED, in its sole discretion, so chooses. 7. Within thirty (30) calendar days after this contract expires or is terminated, the Awardee shall provide to OCED a list of all Invoices and costs that relate to this contract's approved Budget and that have not been submitted to OCED. Any invoice received by OCED, subsequent to receipt of this list by OCED which reflects a cost not included on this list will not be paid. 8. All monies paid to the Awardee which have not been used to retire outstanding obligations of this contract must be refunded to OCED in accordance with OCED's Contract Compliance Manual. 9. Any unexpended funds remaining after the completion of the services under this contract, or after termination of this contract for any reason, shall be recaptured in full by the County. 10. In the event the County determines that the Awardee has breached, the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this contract, Awardee agrees to and shall assign any proceeds to the County from any contract between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. W. Reversion of Assets The Awardee shall return to OCED, upon the expiration or termination of this contract all assets, owned or held by Awardee as a result of this contract, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this contract that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to. repayment to OCED of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to mortgages securing the property and UCC financing statements, as required by the County to effectuate the reversion of assets. Ill. The County Agrees: Subject to the availability of funds, to pay for contracted activities according to the terms and conditions contained within this contract in an amount not to exceed $556,911. 23 IV. The Awardee and OCED Agree: A. Effective Date 1. This contract shall begin on January 1, 2009. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This contract shall expire on December 31, 2010. Any costs incurred by the Awardee beyond this date wilt not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during any period that the Awardee has control over contract funds, including program income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph V, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. B. Suspension 1. OCED may, for reasonable causes as determined in OCED's sole and absolute discretion, temporarily suspend the Awardee's operations and authority to obligate funds under this contract or withhold payments to the Awardee pending necessary corrective action by the Awardee or both. Reasonable cause shall be determined by OCED, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or improper use of these contract funds by the Awardee or any of its subcontractors; b. Failure by the Awardee to comply with any term or provision of this contract; C. Failure by the Awardee to submit any documents required by this contract; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2. In the event of a default by the Awardee, OCED may at any time suspend the Awardee's authority to obligate funds,, withhold payments or both. These actions may apply to only part or all of the activities funded by this contract. 3. OCED 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). OCED will give the Awardee reasonable opportunity to rectify any action or inaction referenced above. 24 C. ' Termination Termination at Will This contract, in whole or in part, may be terminated by OCED upon no less than ten (10) working days notice when OCED determines that it would be In the best interest of OCED and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 2. Termination for Convenience OCED may terminate this contract, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. OCED, at Its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional cost under this contract. OCED shall be liable only for reasonable costs incurred by the Awardee prior to notice of termination. OCED shall be the sole judge of "reasonable costs." 3. Termination Because of Lack of Funds in the event of a funding short -fail, or a reduction in federal appropriations, or should funds to finance this contract become unavailable, OCED may terminate this contract upon no less than twenty -four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. OCED shall be the final authority in determining whether or not funds are available. OCED may at its discretion terminate, renegotiate and /or adjust the contract award, whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners action, the Awardee may, at its discretion, request in writing from the Director of OCED a release from its contractual obligations to the County. The Director of OCED will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Breach OCED may terminate this contract, in whole or in part, when OCED determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering the ultimate contract performance, or is not materially complying with any term or provision of this contract. Unless the Awardee's breach is waived by OCED in writing, OCED may, by written notice to the Awardee, terminate this contract upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit OCED's right to legal or equitable remedies. 25 8. Penalties for Fraud, Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2.8.1.4, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall be terminated, whenever practicable, as determined by the County. The County may terminate or cancel any other contracts with such individual or subcontracted entity it has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, Including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet Its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. Payment Settlement If termination occurs, the Awardee will be paid for allowable costs incurred in carrying out activities required by this contract up to the date and time of termination. D. Renegotiation or Modification Modifications of provisions of this contract shall be valid only when in writing and signed by duly authorized representatives of each ,party. The parties agree to renegotiate this contract if OCED, in Its sole and absolute discretion determines that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases In budget allocations make changes in this contract necessary. OCED shall be the final authority in determining whether or not funds for this contract are available due to Federal, state andlor County revisions of any applicable laws or regulations, or increases or decreases in budget allocations. 2. CONTRACT EXTENSION The County shall have the right to exercise an option to extend this contract for up to one year beyond the current Contract period and will notify the Awardee(s) in writing of the extension. This contract may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Office of Community and Economic Development. E. Right to Waive OCED may, for good and sufficient cause, as determined by OCED in its sole and absolute discretion, waive provisions in this contract or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be In writing. Any waiver shall not be construed to be a modification of this contract. OCED's failure to exercise any of its rights under this contract or OCED's waiver of a provision on any one occasion shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by OCED in the exercise of any right shall operate as a waiver. 26 F. Budget Revisions and Changes to the CDBG Eligibility Activity Title 1. Revisions to the Budget (Attachment B) shall be requested in writing and must comply with OCED's Contract Compliance Manual. These revisions shall not require a contract amendment unless the amount of this contract is changed or unless otherwise required by OCED. All budget revisions shall require the written approval of OCED. OCED 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 OCED no later than 6 working days of the action; written notification will constitute a contract amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, OCED will revise the budget at its discretion. OCED in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Service, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this contract's objectives are classified as noted in the Scope of Services shall not require a contract amendment. G. Disputes In the event an unresolved dispute exists between the Awardee and OCED, OCED shall refer the questions, Including the views of all interested parties and the recommendation of OCED, 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 OCED and the Awardee or in the event additional time Is necessary, OCED will notify the Awardee within the thirty (30) day period that additional time Is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. H. Headings The section and paragraph headings in this contract are inserted for convenience only and shall not affect In any way the meaning or interpretation of this contract. Minority Participation in order to gain greater Black business participation, the Awardee may submit its contracts to the County Manager for bidding and award in accordance with County policies and procedures. J. Proceedings This contract shall be construed in any manner pertaining or relating to this contract shall, to the extent permitted by law, be held in Miami -Dade County, Florida. 27 K. Independent Private Sector Inspector General Reviews 1. Miami -Dade County has established the Office of the Office of Inspector General which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit which is normally 1/4 of 1% of the total contract amount. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses; administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may Include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption., Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back - charge documents, all documents and records which Involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontractors and all other agreements executed by the Provider In connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. The Awardee is aware that Miami - Dade County Office of the Inspector General has the right to perform ramdom audits on all county contracts throughout the duration of each contract. Grant Recipients are exempt from paying the costs of the audit, which is normally 1/n of I% of the total contract amount. W. L. Notice and Contact OCED's representative for this contract is Letitia Goodson. The Awardee's representative for this contract is W. Ajibola Balogun. The Awardee's principal office Is at 6130 Sunset Drive, South Miami, PL 33143. The Awardee's telephone number is (305) 633 -6338. In the event that different representatives are designated by either party after this contract Is executed, or the Awardee changes its address, notice of the name of the new representative or now address will be rendered in writing to the other party and said notification attached to originals of this contract. M. Name and Address of Payee When payment is made to the Awardee's assignee, the name and address of the official payee is: NIA . N. Waiver of Trial Neither the Awardee, subcontractor, 'nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shalt seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Contract, or the dealings or the relationship between or among.such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions . hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced In all Instances. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the. County. P. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party P. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to Indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Q. All Terms and Conditions Included: This contract and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment C - Progress Report; Attachment D - Information for Environmental Review; Attachment E - Q1 Certification Regarding Lobbying; and Attachment F - Publicity, Advertisements and Signage) contain all the terms and conditions agreed upon by the parties. MI IN WITNESS THEREOF, the parties hereto have caused this thirty (.@)-page contract to be executed by their undersigned officials as duly authorized, this_,3O _day of „�ld�. CA. 2009. AWARDEE: City of South Miami BY: lS i G" :_ NAME: W. Ajibola Balogun TITLE: City Manager DATE:Gi�j BY: NAME TITLE: DATE Y B: BY: � ,($ignature) Yfi Type or P nt BY: (Signatu Type or Print Federal ID Number: Resolution #:1127 -08 MIAMI -DADE COUNTY 0 59- 6000431 Awardee's Fiscal Year Ending Date: 09130109 i i CORPORATE SEAL: NAM - Carlos Alvarez TITLE: Mayor CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 31 ��iK-0 s j c wuan =%a;:a ��' CATEGORY: Capital Improvement Disfmst MO Specific: 07 Applicant I Developer (A.K.A.): City of South Miami 02. Organization Type: Municipality Acronym: SMIAMi Source CDBG Index Code: IDIS Number: OiSL .o u ll a' Non- Responsive? Phone: (305) bate: Multi- Source: FY 2009 Activity ID: 20051346 Contract Number: Applicant Address: 1 6130 SUNSET DR cnY, ST, ZIP: SOUTH MI `FL; 33143 -� Contact: Mr.W. Ajibola Balogun 663 -6338 E -Mail: abalogun @cityofsouthmismi.net Title: Murray Park Aquatic Center (to include Swimming Pool) Description (254 Characters Max.): Commencement and construction of Murray Park a' Center which is located in the South Miami NRSA. The project will service no less fh 4,000 to /moderate income residents. FY06 Funding:. $ FY07 Funding: $0 FY08 Funding, $276,000 Index Code: Index Code: Index Code: IDIS.Number: IRIS Number: dDIS Number: 3245 FY06 Contract #: FY07 Contract M. FY08 .Contract #: 80014 Mario Berrios V •. e 4 a' : Nrt ii �a'.`5'_ 9 �W F°Evaluator: .. . ' n 1P�F31.R� r' z . /�Ati '.. .;y:k.. ,� . ".� e; �iffo (`) NRSA: UR'1- F $0 i STAFF 4a1 2� '_�..' South Miami -- •r'`•,,,'e�,= C;d.y?m,..;..•; '1 { ") Entitlement City 1 Community: CAC ��_ $0 MGR $556,919 NIA CDF BCC Recom' Participating Municipality: City of South Miami .`.^$0jI iltstrict:. ReProgr Funds $0 Non - Responsive? F1 Compiled With 'MUST'? Action Plan $55556,999 TOTAL $556,911 ` ?'�`Inyii �t'�"`w�3ss "$. w "';;;�,•> �.� t r Tip 1p .f •+ ,Plli�tlC'$,�e'iVIG�t�i'c`�]T�+ HUD Code: HUD Activity Type: National Citation National Objective: % Low /Mod: 0315 Parks, Recreational Facilities 570.201(c) 570.208(a)(1) LMA N umber o o n 'N Accomplishment Type Priority Need of UUU People Other µ�'29 LIB >l #p�Q,'��f4hiS,iy7•dn,�'.. •r ir�Md!WV ` � ,NM.h`1.isN -'; }n'. Q��a�i4'. .Agencies Located in the City of Miami :( I tai., v1n.,R Primary Activity Address; ^�1,i'13.'f�{.�: 1 Street: Activity Gas City: ST: Geo7ipCode: Census Tract: Block Group: 5800 SW 66 Street _,.._,--_...._..._ ._..._.._.- -- ._._..___..__._. South Miami i FL l 33143 76.03 03. -_ - ° --- - — If no street address, provide crossroads information: Evaluator's Comments: 10. Not filled in although prior years funding in database is $276,000. - MAB - 09 -10 -08 11. Not filled in although documents are included in binder. - MAS - 09 -10 -08 ATTACHMENT A M 1AM t- C?AC>'E a City of South Miami CDBG FY 2009 Scope of Services January, 1, 2009 — December 31, 2010 1. - ACTIVITY TITLE: , Murray Park Aquatic Center — Construction Phase I 2. - ACTIVITY DESCRIPTION: Capital Improvements — Public Facility 3. - APPROVED BY BCC: $556,911 4. - SOURCE: CDBG 2009 5. - HUD INFORMATION: 5a. — %IUD matrix code: 03F 5b. — Title: Neighborhood Facilities 5c. — Eligibility 570,201(c) 6. - ACCOMPLISHMENTS: 6a. —Number 6f Units: 1 6b. —Type: Facility 7. - NATIONAL OBJECTIVE: 570.208(A)(1) — Low/Mod. Income Area (LMA) 8. - ACTIVITY ADDRESS: 5800 8,W. 66" Street ( Murray Park) Miami, Florida 33143. 9. - LOCATION: Cif of South Miami ➢ CO: Letitia Goodson PLANNER: Winston Parkinson • y O m � $ � q HN O N A 0 1On j } S�8' C W tt 'mn iT p ryb� O b O C 3CD OUR cy ^z YF'.lIY�12s� _2 N TO O � A p ' � � A 1 � •. -3y12 Y m 'C3 t) a tbnAb�N z y � 3 � � � IAiI �, p� � + ✓$� rlr � � �, o k q o �obc�a�' �oV a° o `�`Ob Cya � ooz oamm a 3 ti iit m m A b A �� AO O•�i bN1Onm m � �y�i ?A? RSm�tzJ xHx��O }u��liby$��O b ittn�O �i b bb< O hz. <. •CN iry.�m y�i AA Y : �: A O bA2 2� b .T A C � m� V N OO 2� ON zm p t0mn A O y qc a0a N b � p A m •o- � ^y a i3 i. - 9 5 m k D° v n03 ��xy �� c �n n $ow IM m n Kv A [win' c m yLL R 5 9 3 A � y 9 r A O O b 1 Copp IO A`�CO00 O yb�p0 � Ft '� n � T:�� 2Ci.y " O b O h `p OAvf ttyi 'S b � p �� ?I11 ACT �yO t� CnK m$ n bA m 00 � T 00. NyC rry y m0 � rt�y O Ey3 8-2 Sz° m 5y � $ y Fla y wyJ O T � A 1 � �-'•a fcq� r y y {� �� 4`I Y I ATTACHMENT B CITY OF SOUTH MIAMI Murray Park Aquatic Center Construction CDBG FY2009 SUMMARY BUDGET SOURCES OF OTHER FUNDING CRA TOTAL AMOUNT $100,000 JANUARY 1, 2009 —DECEMBER 31, 2010 PRIOR YEAR FY 2009 NON -OCED CATEGORIES FUNDING FUNDING FUNDING TOTAL 1. Personnel $16,363 $14,500 $0 $30,$63 II.Contractual Services $259,637 $40,500 $0 $300,137 111.0perating Services $0 $0, $0 $0 IV. Capital Outlay $0 $501,911 $100,000 $601,911 TOTAL BUDGET $276,000 $656,911 $100,000 $932,911 SOURCES OF OTHER FUNDING CRA TOTAL AMOUNT $100,000 CITY OF SOUTH MIAMI, INC ATTACHMENT B CDBG FY 2009 Murray Park Aquatic Center Construction DETAIL BUDGET January 1, 2009 thru December 31, 2010 HV "IV rnngumenefn> FICA salaryX7.650/9 Pp Non -OCEB OCEB OCED Total OCED Total All Sources 21011 External Audit FY 2008 FY 2009 $ $ $ Sub -Total Fringe. CD534C09C1 $ 2;162.80 $ 1,000.00 " $ 2,162, 10 4010 PERSONNEL - Em loyee $ - $ 259,637.00 $ - $ 259,637.00 $ 259,637.00 Regular- Salaries . Engineer Accounting Supervisor Grants Administrator Sub -Total Salaries $ - $ $ $ 2,700.00 $ 5,500.00 $ 16,200.00 $ 7,000.00 $ 500.40 $ 6,000.00 1 $ 13,500.00 $ 14,000.00 $ 3,200.00 $ 11,500.00 $ 28,700.00 $ 14,000.00 $ 3200.00 $ 11,500.00 $ 28,700AD HV "IV rnngumenefn> FICA salaryX7.650/9 $ - $ 1,162.80 $ 1,000.00 $ 2,162.80 $ 2,162.80 21011 External Audit $ Is - $ $ $ Sub -Total Fringe. $ $ 2;162.80 $ 1,000.00 $ 2,162.80 $ 2,162, 10 21030 Other Professional Svc $ - $ 259,637.00 $ - $ 259,637.00 $ 259,637.00 Total Personnel $ $ 16,362.80 $ 14,600.00 $ 30,862.80 $ 30,862,80 eonrracruar oar vices $ $ $ $ $ 21011 External Audit $ Is - $ $ $ 21012 Environmental Audit 21030 Other Professional- Svc Const Mgmt $ $ $ $ - $ - $ 40,500.00 $ 40,500.00 $ 40,500.00 21030 Other Professional Svc $ - $ 259,637.00 $ - $ 259,637.00 $ 259,637.00 22360 Bottled Water $ $ - $ $ $ _ $ 25330 Rent Copier - $ $ _ $ $ - 25511 Building Rental Total Contractuai $ $ $ $ 269,637.00 $ - $ 40,500.00 $ 300,137.00 $ 300,937.00 O eratmgrarpenses $ - $ - $ $ $ 31011 Telephone Regular $ Is - $ $ - $ 31011 Telephone Long Distance $ $ - $ $ $ 31610 Postage $ $ - $ $ $ $ _ $ 31420 Advertising Radio $ $ - $ $ $ Total Operating Fxpenses $ $ Commodities $ 100,000.00 $ $ 501,911.00 _ $ 601,911.00 31510 Outside Printing $ Is - $ $ 5019110tl $ $ 95020 Computer Purchase $ - $ $ $ 47010 Office Supplies/ Outside Vendors $ Is I is Total Commodities 1 $ Is I $ is Capital Outla 90 Construction $ 100,000.00 $ - $ 501,911.00 $ 501,911,00 $ 601,911.00 Infrastructure lmorovements $ 100,000,00.L$ Is - $ $ 5019110tl $ $ 601911.00 $ 601911.00 Total Capital Outlay 70TAL BUDGET $ 100,000.00 $ 275,999,80 1 $ 556,911.00 11 832,910.80 1 $ 932,910.80 SOURCES OF OTHER FUNDING CRA 17 TOTAL AMOUNT $100,000 ATTACHMENT C Mst , }Plt;r�y�MPPtQ.unEjuT QUARTERLY EXPENDITURE AND NI.M/k13•pA{�}B;j 4c �YrCE5,5 * ' PROGRESS REPORT• FY 2009 Re;`gi't` .� :'r • + ; ❑ 1st Quarter [Jan -Marl ❑ 2nd quarter [Apr -Junj ❑ 3rd Quarter [Jul -Septj ❑ 4m Quarter [Oct -Decj /Annual Report p a 3'` 9.0 a '4Yiv, 1 Recipient Name (Organization): Contact Person (Name & Title): Telephone Number: Activity Name (Project Title): Activity Address: Activity Description: Activity ID # : Index Code: Funding Source: Funded Amount: $ Activity Category: ❑ Administration ❑ Capital Improvement ❑ Economic Development ❑ Historic Preservation ❑ Housing ❑ Public Service Objective: ❑ Create suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities Outcome: ❑ Avallyyability /accessibility ❑ Affordability ❑ Sustainability, A B C D E F G H Program Income # fie disposirwn of Program Income not specifically listed in the approved Program Income budgetraquires priorwdtten approval from OCED. 1. Does this activity generate Program Income? ❑ Yes ❑ No 2. if yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by OCED to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A If yes, 6altach copy of approval letter and related documents. If no, a written request lot approval to use the Program Income must be submitted to OCED -or- a check payable to Miami-Dade County for the generated Program Income must be submitted quarterly N accordance vnlh the tens of the contract. a Check AUached9 ❑Yes ❑No ❑N /A Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A= Exempt ❑ C =Completed ❑ D= Underway 3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No Seeti4ri'V Dt Er �aup''ofAW V(Ott "pravideadescfipUOn ad that have begpn peNag� 'gmp!ePnenjedjorcotnpiet'4 �tlun.gibkigen�; , Office of Community and Economic Development Page 1 of 2 Quarterly Expenditures and Progress Report (rev 12.15 -08) APPROVED TOTAL ACTUAL EXPENDITURES REIMBURSED CUMULATIVE PROJECTED PROJECTED CUMULATIVE CATEGORY BUDGET EXPENDED CUMULATIVE CUMULATIVE PERCENTAGE EXPENDITURES EXPENDITURE B hfsoNDE IThroulthond of file quarter) hro hendofthis uaner P 9 1 aao I 1 INexlQUanerl Jay end of consul Petted] Personnel $ $ $ $ % $ $ Contractual $ $ $ $ % $ $ Operating Costs $ $ $ $ % $ $ - -- Commodities $ $ $ $ % $ $ Capital Outlay $ $ $ $ % $ $ TOTAL $ $ $ $ % $ $ Program Income # fie disposirwn of Program Income not specifically listed in the approved Program Income budgetraquires priorwdtten approval from OCED. 1. Does this activity generate Program Income? ❑ Yes ❑ No 2. if yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by OCED to use the Program Income generated from this activity? ❑ Yes ❑ No ❑ N/A If yes, 6altach copy of approval letter and related documents. If no, a written request lot approval to use the Program Income must be submitted to OCED -or- a check payable to Miami-Dade County for the generated Program Income must be submitted quarterly N accordance vnlh the tens of the contract. a Check AUached9 ❑Yes ❑No ❑N /A Activity Status: ❑ Cancelled ❑ Underway ❑ Completed 2. Environmental Status: ❑ A= Exempt ❑ C =Completed ❑ D= Underway 3. Is this activity still in compliance with the original project schedule? ❑ Yes ❑ No Seeti4ri'V Dt Er �aup''ofAW V(Ott "pravideadescfipUOn ad that have begpn peNag� 'gmp!ePnenjedjorcotnpiet'4 �tlun.gibkigen�; , Office of Community and Economic Development Page 1 of 2 Quarterly Expenditures and Progress Report (rev 12.15 -08) ATTACHMENT C r .� ,� ,, t �-�--K e_ QUARTERLY EXPENDITURE AND �tFI[I�Mf, DAP.. „ f r e PROGRESS REPORT - FY 2009 ` AN S�9Ct1C}Uk HV Mr�?(p.r .5,�!?GR4ht @T¢,dRl'�rpr vd�e�. ek'd” ._py9qoF:�1�"aJoE�roS dt(lelay "s e[fcoW ter` „ad:tlu{Jng ?ih')S Papoo'(' Ild�dledr sh;'•4„li -pr rta:r+!XJ'��:. �i sec(I,Op',G�jj /T �hiylCals ASS S' �Q”` n6` �, 3,<(' y' oUYorgrpptX2ta' ift", �R�eeq ,QranU��e)at;pelrtlAbrrtec qal a$ s� ?rpnCedbn.�gl!1NS�l?an0�'IrE�e J�e'�o7J.e; onAlure,PfilfJ'', @ssrs. n�$K�.A� het±: ": �,a• , c... •t ','� Si ., 1• n r't91"t�t ', i l.>y js tlr "} Id15 .x, {ii r,3s sv ).vi 2rnY, wr. Accomplishment Type: © People toll ❑ Households too) ❑ Businesses JOB] © Organizations toe) ❑ Housing Units (10) ❑ Public Faoilities ftt) [] Jobs (13) National Objective: ❑ Area Wide Benefit [e.g. LMA, LMAFI, LMASA, SBA) -or- ❑ Direct Benefit [e.g. LMC, LMH, LMJjp ° &Y,.µs i't.�'r °�Bri vt ' �i! .�''},Yp {?�S:s^�Ir��if;� "etnrtyt t,Au4" ky'epeiS`iv �1 xe yES, (tiQ :fw2,iTy✓,ps i.:.i n'fe�S,E1:5�J4 rmu< Peo le Households Owner Rental Su r Total Projected Goal Actual This Quarter* Actual Cumulative Projected Goal Actual This Quarter* Actual Cumulative Total People Lowl Total Jowl Female Mod Households Mod Headed *Supplemental Form @ Required — Attached Y / N °Supplemental Form @ Required — Attached Y / N (1) Performance & Benefit Data: Housing Note: HOME fundedpNfects must submit applicable activilycef -up form, (1) Performance & Benefit Data: Capita Service & ant & public � ties (2) Performance &Benefit Data: Capital Improvement &Public Faoilities 0 -or- (3) Performance & Benefit Data: Housing Note: HOMElunded projects must submit applicable activity saWle form. xro,5 AY" n 3�" ti' , qk 1 ,+-�. sy iM1. G �{�'♦ f n S �S, a'F Ya 4 yl v "yf s: ill" {5,1 up, —0. 1nha Craarua Jobs Retained Projected Goal Actual This Quarter` Actual Cumulative FT Jobs Low /Mod PTJobs Low /Mod Total FT Jobs Lowf(dod PTJobs Lowf Mod Total i *Supplemental Form io Required — Performance &Benefit Data: Economic Development — AttachedY /N: PERFORMANCE CERTIFICATION: El This certifies that No Accomplishments occurred during this Quarter, lotoals NOTE: Submittal of SumAemental Form — Performance & Bereft Data is not required at this rime based on the cadricahon that no accomplishments occurred during this quarter, CERTIFICATION This is to certify that the data and other information provided in Ibis Report is correct, based on of6cral accounting system and records, and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements. Report Prepared by: Signature of Certifying Official: Title: Date: Title: Date: EName:Activity IDIS Number: s 1 ❑ is not Complete 4 Report © is 10 is not accurate + Initial review for completeness and accuracy completed by: Date: Name: Date: Corf aas officer Team leader! SupenBOr Office of Community and Economic Development Page 2 of 2 Quarterly Expenditures and Progress Report (rev 12A 5 -08) Recipient Name: Activity Name: _ Activity ID # : _ HUD Activity Matrix Code: HUD Matrix Code Description: Performance & Benefit Data: Capital Improvement & Public Facilftle's Supplement to Quarterly Expenditure and Progress Report • FY 2009 Activity Category: Accomplishment Type: RRff�i ^CTr:rr':,Ait'- <ru�iRS...f� sty r.Fs gte :: A �(�ol�i. sHlGll .4��J.[!oM kl&.,@i ❑ Clearance 1 Demolition ❑ Sheet improvements [� Public Facility /Type: E3 Building! Type: ❑ Other Capital Improvement /Type: gadka[ebeimel El Structures ❑ Parcels Persons Served 4 Low & Moderate income Persons Served F Low & Moderate Income Facilities + Persons Served • Low /Mod income Persons Served 6 tow & Moderate Income # of Parcels # of Facilities If of Persons Served # of Low /Mod Income (ait�s,RQililffA?tl%ffli)1 i!;) krt{Q x LSR} �N)[ 44" Ar 'F.�SIi {4��tn't +El.G.S4!!A'Y�.. >�`r4ik'X411M�w.... Instructions & Applicability: National Objectives Include LMA, LMC, LMH, BSA, BOB, Ras or URG 1. Total benefiting for program year 3. Of those assisted, enter the number that: 2: Counts by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit c) Now receive a service or benefit that is no longer substandard ' Total d) Now have new access to this type of public facility or infrastructure improvement e) Now have improved access to this type of public facility or infrastructure improvement f) That are served by a public facility or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created In overnight shelter or other emergency housing O'['gRM91lRl: RACE/ ETHNIC CATEGORY Insinuations: Indicate the total number of households,or persons served in each Racial Category for this reporting period and the cumulative total. From the total number deoleted in each Racial Catequim Indicate the numbers that are of Hispanic Ethnicity for [his repoding'period and the cumulative total. RACIAL CATEGORIES Racial Cate ortes 1arQuader Jan -Mar 'Racial Cate odes 2 ^d0uaner A r -Jun ❑ .,_,.-- - -,. ^_ 3r ^Quarter Jul -Set ❑ 4'"Quaner)Oct•Dec) /Annua(Re drl ❑ RRff�i ^CTr:rr':,Ait'- <ru�iRS...f� sty r.Fs gte :: A �(�ol�i. sHlGll .4��J.[!oM kl&.,@i ❑ Clearance 1 Demolition ❑ Sheet improvements [� Public Facility /Type: E3 Building! Type: ❑ Other Capital Improvement /Type: gadka[ebeimel El Structures ❑ Parcels Persons Served 4 Low & Moderate income Persons Served F Low & Moderate Income Facilities + Persons Served • Low /Mod income Persons Served 6 tow & Moderate Income # of Parcels # of Facilities If of Persons Served # of Low /Mod Income (ait�s,RQililffA?tl%ffli)1 i!;) krt{Q x LSR} �N)[ 44" Ar 'F.�SIi {4��tn't +El.G.S4!!A'Y�.. >�`r4ik'X411M�w.... Instructions & Applicability: National Objectives Include LMA, LMC, LMH, BSA, BOB, Ras or URG 1. Total benefiting for program year 3. Of those assisted, enter the number that: 2: Counts by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit c) Now receive a service or benefit that is no longer substandard ' Total d) Now have new access to this type of public facility or infrastructure improvement e) Now have improved access to this type of public facility or infrastructure improvement f) That are served by a public facility or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created In overnight shelter or other emergency housing O'['gRM91lRl: RACE/ ETHNIC CATEGORY Insinuations: Indicate the total number of households,or persons served in each Racial Category for this reporting period and the cumulative total. From the total number deoleted in each Racial Catequim Indicate the numbers that are of Hispanic Ethnicity for [his repoding'period and the cumulative total. RACIAL CATEGORIES Racial Cate ortes Et n1ccategrity 'Racial Cate odes Ethnic Cale o Total Number 'Numberf is enic Total Number Number Hispanic While 111) Black l African American 1121 Asian (13) American Indian ]Alaskan Native [14) Native Hawaiian f Other Pact fic Islander (151 American Indian /Alaskan Native & White 1161 Asian & White (17) Black! African American & White 1161 American Indian or Alaskan Native & Black ( African [19) Other Multi Racial 1201 Totals Performance & Benefit Data: Capital improvement& Public Facilities €rev 12.70-08] Page i of 2 Supplement to Quarterly Expenditure & Progress Report ,.,......._. -- - Performance& BenefitData: - ?v,.,v,;Za Supplement to Quarterly Expenditure and Progress Report FY 2009 F✓Yi&dlYQ II 'vim "��,ii.�<Y;�Q�'�til:. y }� ` �S'y� Kpy.�i �qy� ��'jy--//``�� yy ny, y .;g+1�5� ri:r�'43 Ed �j.�1 r '. 3u i5!''�''w3e�i'fiFM} B IM,Ci• i1HP e'..'lPt..+?a.�Qf1i� :!'+� /� ' �""� i ��sYe'B efj it ). Al:�{ ��i�.`tk 1r',h 1"k z,�' ,An.�a,..:iS"s:`b. ^r'..� r... <,ddu4.:,.ff'^v�i..T+..J:.s: Aixr .,.. a"+ -.. .... ,L., se ,, .. �.. .. _.. .._... �: �r.. •.....i`i�"2.4 A..f. ....?§b L.� in t�.�:4i�S:l DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION Income Categories W. E °B Sf 6 p Total Number �: I M. '.,' V _ ` ... Total Number Other Categories B .p . �.t4 : Total Number e " ` ":,67`+1,83 Total Number Extremely Low (30% or less) 1. CDBG Funds $ Total # Benefiting from the Activity $ 2. HOME Funds $ 6. State ( Local Funds $ Moderate (61% - 80 %) $ 7. Private Funds if of Female Headed Households 4. Section 108 Loan Guarantee $ Non Low /Mod (81 % or greater) ' Totals Name °(Fn�ing SOVrcu + � . %`y°F,'ir evr -" e, 01"UNw- '�i �i N{ t "�U3w4a RYA i i "i>'� a.St? Y,�o`.Tii$t •k 1 ara y..+ t. 11�, sI1e,.. a5._,„ �rAF..:. �1FltNoRt ,..)t_,,:�fr,.,cY��.:.., Census (C) or Survey (5) Data Used; Total If of LowlMod in Service Area: Percent of LowlMod in Service Area: Census Tract: Block Groups: Census Tract: Block Groups: If (S), enter # of Low/Mod & Total Population: Total Low/Mod Universe Population in Service Area: Census Tract: Block Groups: ' z 11 $ 1. CDBG Funds $ 5. Other Federal Funds $ 2. HOME Funds $ 6. State ( Local Funds $ 3. ESG Funds $ 7. Private Funds $ 4. Section 108 Loan Guarantee $ 8. Other: ' Name °(Fn�ing SOVrcu $ Total Funds M, TESS �DPRC EME ft blsli ` I tit df © tpl t ' ° r $' § ... th1 Dt { rn$4 6d eia�e� ,: Report Prepared by: Pnnl Nama Signature of Certifying Official: Date: Date: Performance & Benefit OatarCapital Improvement & Public Facilities [rev 1240 -081 Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS'& ACRONYMS Y Reporting.Period: Enter W in the box that corresponds with the appropriate reporting period forthis report. Section I: General Information 1. Recipient Name: Fill in the appropriate Agency I Organization Name. 2. Contact Person: Fill in the Contact Person's Name and Title. 3. Telephone Number: Fill in the Telephone Number of the Contact Person. 4. Activity Name (Project Title): Enterthe name of the activlty. 5. Activity Address: Enter the complete address of the location where the activity is taking place. 6. Activity Description:, Enter brief description of the activity (120 characters maximum). 7. Activity iD 9: Enter Activity ID No. of the activity. 8. Index Code: Enter the Index Code'from FAMIS. 9: Funding Source: Enter the funding source (e.g. CDBG 06, CD8G DR 07, ESG 07, HOME 98, HOME CHDO 08, etc.). 10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable. 11. Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity (e.g. Housing, Economic Development, etc.). 12. Objective: Enter "X' in aft 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 It: Financial Information 1. Column B: Enter amount budgeted for the activityin each category of the approved budget (or most recent approved budget amendment). 2. Column C: Enter amount expended for the activity in each category during this reporting period. 3. Column D: Enter the actual cumulative expenditures from beginning of the contract through the end of this reporting period for each category. 4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category. 5. Column F: Enter the cumulative percent of expenditures for each category by dividing each amount In column D (Actual Cumulative Expenditures) by the corresponding amounts as shown In column B (Approved Budget). Example — If Column D.shows $5,000 expended to date in the Personnel Category and Column B shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25 %. 6. Column_ G: Enter amount of projected expenditures in each category for the next quarter (reporting period), 7. Column H: Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period. 8. Total; Please include totals at the bottom of each column B through H. 9. Generate Program income ?: Enter "X" in the "Yes", box if this activity Is expected to generate Program Income; otherwise enter "X" in the "No" box. 10. If the response is "Yes" to Program Income: Indicate the amount of program Income generated during this reporting period; if the answer was "No" enter NW 11. If Program Income is generated; Enter "X" in the "Yes" if OCED approved use of the Program Income & provide copy of written approval fetter along With all related documents.'Otherwise, enter "X" in the "No" box and submit a written request for approval —or— a check payable to Miami =Dade County for the generated Program Income. 1. Activity Status: Enter W. In box that corresponds Of the appropriate status of the activity [Cancelled, Underway, or Completed]. Please note that an activity is considered complete once it meets its national objective, all accomplishments have.been reported, and all the fund's are drawn from IDIS. 2. Environmedtal Status: Enter "X" in the box that corjesponds with the appropriate status of the activity [A= Exempt, C= Completed, or D =Underway] 3. Compliance with Original Project Schedule: Enter "X" in the "Yes" box if the activity complies with the original project schedule; if not enter °X" in the "No" box. Section 8P —work—in Progress Provide a brief narrative description of work In progress during this reporting period. For example - • Housing - During this period architectural drawings were completed, building department approved drawings, environmental approval received, plat filed with the County, and construction is expected to begin next quarter. • Economic Development - Fifteen jobs were created during the reporting period, five additional jobs are expected to be created by next quarter. • Capital Improvement - 75% of construction of the childcare center completed this reporting period. Project on schedule and is expected to be completed by next quarter. Section IV: Other Supporting Efforts Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period. include quantifiable data whenever appropriate. in addition, other expenditures of funds, Including local match and leverage contributions, should be depleted here .yL y , gg. C ,..:. ��r�rr}jl Q�, [`� y��( o ,ry�y t,� p ��]ry 3q:��rc °�` ", k�.. r� [yav tv i � �=m!` �.�� °��fa.. •,ry j�:�yta:,brl� ` IJ IS � G tj� , %'v.�f :5�v�t , in vSfM1�3.R FC �t}O .� s�'�Ari ?/j� ¢�P �G l��Iy.. lfS �S . �., �C43� rs 1�� xW V� S � W.(fJ.: \�.. %ry'UV.K Section V. Problems Encountered Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the next quarter. Report.any problems that may impact the project as originally proposed, including but not limited to changes in Scope of Services, beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to report/discuss any problems encountered in order to resolve them as quickly as possible. Section Vi: Technical Assistance This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity. Instructions, Definitions & Acronyms [created' 6130/081 revised 915108 Page 1 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS & ACRONYMS Section VII: Performance Measuremaht 1. Accomplishment Type: Enter "X" in the box that corresponds to with Pie actual accomplishment type of this activity [People, Households, Businesses, Organizations, Housing Units, Public Facilities, or Jobs). 2. National Objective:.Enter "X" In the box that corresponds with the National objective of this octfvfty. Refer to Attachment Ain the Contract to locate the National Objective for the activity -or- contact the Contracts Officer to obtain this Information. Code Beneficiary Type 1 8: el 1 0 Description 24 CFR Citation LMA Area Basis Benefit Low /Mod Area Benefit 570208(a)(1) LMAFI Area Basis Benefit tow /Mod Area Benefit, Community Development Financial institution (CDFI) 670.208(d)(6)(i) LMASA Area Basis Benefit LowlMod Area Benefit, Neighborhood Revitalization Strategy Area 570.208(d)(5)(1) LMC Direct Benefit Low /Mod Limited Clientele Benefit 570.208(a)(2) LMCMC Direct Benefit Low /Mod Limited Clientele, Microenterprise 570208(a)(2)(ii ) LMCSV Direct Benefit LowiMod Limited Clientele, Job Service Benefit . 570.208(a)(2)(1v) LMH Direct Benefit Low /Mod Housing Benefit .570.208(a)(3) LMHSP . Direct Benefit LOwIMed Housing Benefit, CDFI or Neighborhood Revitalization Strategy Area 57020$(d)(5)(11) 570.208 d6 it LMJ Direct Benefit Low /Mod Job Creation /Retention 570.206(a)(4) . LMJFI Direct Benefit Low /Mod Job CreatioNRetenlion, Public Facflfly /improvement Benefit 570208(a)(4)(iv)(F) LMJP Direct Benefit, Low /Mod Job Creation, Location Based 570208(a)(4)(iv) SBA Designer rea Basis Sluml8light Area Berrefit 570.208(6)(1) S8R Urban Renewal Area SlumlBifght In an Urban Renewal Area 570.208 {b)(3) SBS Spot Basis SlumtBilghtSpot Basis 570.208(6)(2) URG Urgent Need ; Urgent Need The data in this section Is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and the Recipient must complete the Performance Certification check box for *No Accomplishments" 3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire and /or Construct New Homeowner Units, Rehabilitate Homeowner Units, or provide. Homeowner Counseling and Direct Financial Assistance to Homebuyers most complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Housing ". 4, Total People or Households: Activities that provide Public Services or Administrative (e.g.,. Fair Housing Activities) must complete this section if any accomplishments aye achieved in the reporting period and complete the Supplemental Form; "Performance and Benefit Data: Public Services -or- Administration ". Capital Improvement and Public Fabllftles,Activifies must complete (his section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Capital Improvement & Public Facilities". 5. Total Jobs: Activities that create or retain jobs, and /or provide assistance to businesses, must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Economic Development". 6. Performance Certification: The Performance Certification check box for "No Accomplishments" must be checked and Initialed by the CerPfying Official if there have been'no accomplishments during the reporting period. This item certifies that there have been no accomplishments during the reporting period and the Recipient is excused from providing any further accomplishment information on the activity status as required by HUD. Reference HUD "Notice of Outcome Performance Measurement System for Community Pianning.and Development Formula Grant Programs.' A copy of the Notice and additional information about performance measurements is available at the following link; http:lfwww hud govfoffices /cpd /aboutlperformancet. 7. Report Prepared By:dhe name and PPe of the report preparer, along with the date, must be completed. B. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her title must be entered, and the certification must be dated. This Performance and Benefit Data Report must be completed and provided to OCED for any quarter when actual accomplishments are achieved, the activity is completed, and the national objective is met In addition, direct benefit or area benefit data must be provided as well. Please PII out the requested information completely and accurately as applicable for the funded activity. The following general information is available on Attachment A in the contract: Activity ID, Activity Category; HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective, All reports must include the name of the person preparing the report and the Certffyfng Official of the Recipient must sign the report, his or her We must be enter, and the report must be dated.. Instructions, Definitions & Acronyms (created 61301081 fevtsed 9/5108 Page 2 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, 'DEFINITIONS & ACRONYMS Project Category (requ €redj: Enter "X" in the box that corresponds with the funded project type. Accomplishment Type I Measures [required]: Entor "X" in the box that corresponds with'the funded project type. Accomplishment Units Completed [required]: Indicate the number of persons or households served and number thatere low /mod income. won -C, i- CI.6v_C- 6.61.61_161.6 `.v;,wFi ,c-,wS - 6a6- Gi-a.6 Performance Measurement & Accomplishment information [required] (1) Indicate the total number benefiting from the activity. (2) Indicate method used to count the number benefiting from the activity — by Households served or Persons served. (3) Of those assisted, responds.to each inquiry —a through c— by providing the number that benefited, and provide the total for all. e E�cc Direct Benefit information [required]: Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, bomplete the Area Benefit Information section. Provide information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provide requester) information in the Income Category and Other Beneficiary Data Sections, Area Benefit Information (required): If applicable for funded activity. -6w Funding Sources I Leveraging of Funds (requiredj HOME Funded Projects Only jrequiredj: Enter "X' In the box that conesponds.with the funded HOME tenure type, complete the corresponding Form, & attach it to the report. Project Type [required), Enter °X' ih the box that corresponds With the funded project type. Number of Units Completed [required]: Indicate total number of Rental Units, Owner Units, or Homebuyer Households completed for the funded activity. CDBG Mu1N•UnitActivity, if applicable: Provide all requested information for both chaos In this section. Displacement Information, if applicable: Provide all requested information In the chart. Replacement Information, if applicable: Provide all requested inTormation in the Chad. - G.,,c,�6- ECG- t;G:•G d wSw'i�C,6',•6ws.6 w5�a :."s.�G,�G,v';w",wSG+.s,aG,w, Performance Measurement& Accomplishment Information (requiredj, all applicable sections must be completed (1) Provide number of Affordable Units and respond to each iinquiry — a through f— by providing the requested information (2) Provide number of Section 504 Accessible Units (3) Provide number of units qualified as Energy Star (4) Provide number of units brought up to HQSILocaf Code (Rehab only) (5) Provide number of units brought to compliance with lead safety (Rehab only) (6) Provide number of units created through conversion of non•resfdent €al to residential buildings (Rental Rehab only) (7) Provide number of households previously living in subsidized.housing (Acquisition /Construction New Homeowner only) Direct Financial Assistance to Homebuyers, if applicable (1) Provide numberof first -time homebuyers and of those; Indicate number that received housing counseling (2) Provide number receiving Down Payment Assistance /Closing Costs . d, Wt�C- G.- Gd, �6i. C• fn- G;- G.G;wS.G,Giw`.d,- G+SiwS S.E,w`+- B.wS.�•E,�dc Direct Beneficiary Information (required) —must be completed for the actual number of households assisted, for this reporting period and the cumulative total. Also, provide requested information In the Household Income Category and Other Beneficiary Data Sections. Funding Sources I Leveraging of Funds [required) Project Type [required]: Enter "X" in the box that corresponds with the funded project type. Measures: Acquisition /Disposition and Clearance /Demolition activities only - Enter "X" in the box that corresponds with the funded activity. Accomplishment Units Completed [required); Indicate the number of units completed [Structures, Parcels, or Facilities] , number of persons served, and number that are low /mod income Performance Measurement & Accomplishment information [required] (1) Enter total number benefiting from the activity for the program year. (2) Indicate if the count is by Household or Persons. (3) Of those assisted, respond to each Inquiry - a through h - by providing the number that benefited, and provide the total for each section. • G+ •l„^G.•G+w"i- G,tfi�'rw,i�i -G,-G •mow^,=! �ia6 =Cnv"'i.C+w^,w^,»Gw ti"iw`4.6 •C, Direct Benefit Information [required): Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMG, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete tnd Area Benefit Information section. Provide information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provide requested information in the income Category and Other Beneficiary Data Sections' Area Benefit information [required]: If applicabte for funded activity. Funding Sources /Leveraging of Funds fredu €reds Note: Jobs data should be prepared as accomplishments take place (as jobs are created) or on a quarterly basis, at a minimum. Job Creation andfor Job Retention information (responses required for this Accomplishment Type) ' (1) Complete the Job Creation area if the activity is expected to create jobs; otherwise, complete the Job Retention area if the activity is expected to retain jobs. (2) indicate the number of jobs created or retained, as applicable, by job type for this reporting period and the cumulative total. (3) Direct Benefit Information - must be completed for the actual jobs created or retained, as applicable, for this reporting period and the cumulative total. Also, provide requested Information in the Income, Category and Other Beneficiary Data Sections. (4) Number of jobs created with employer sponsored health care benefits (5) Number unemployed prior to taking job created (6) Number of jobs retained with employer sponsored health care benefits (7) Provide explanation if proposed goals are not met vC,wC,w -C,nG; Gia„wC,w� -C, - ,«C,^G,w'tw'i -C,-6 °u`,°C+•�\wsv�.w�, -E, a•G w�,w`. Assistance to Businesses [responses required for this Accomplishment Type] (1) Indicate total number of business assisted, of that amount Indicate how many are new businesses and the number of existing businesses (2) Of the existing businesses, indicate how many were expanding businesses and the number that wererelocating (3) Indicate the number of businesses assisted with faoade treatment or business building rehab (4) Indicate the number of businesses that provide goods or services to meet the needs of a service area, etc. (5) Provide the DUNS number for each business assisted [a requirement for any business that receives Federal assistance] w'iws�lnv�. 6'irtS�G,^GieCiwS .15 w"'iws.6_w, -ell-, r,.0.614LLL.6",,-6, Area Benefit Information [required] Funding Sources I Leveraging of Funds [required] Required Attachments must be provided, if applicable. Instructions, Definitions & Acronyms [created 6/301081 revised 9/5108 Page 3 of 5_ QUARTERLY EXPENDITURE AND PROGRESS REPORT , ATTACHMENT C . INSTRUCTIONS, DEFINITIONS &ACRONY,MS Area Benefit: Those activities having a national objective of LMA, LMAJi, and LMASA. Beneficiary data is reported by Survey or Census data for the percentage of low- and moderate- income persons in the, service area, QDBG regulations specify that 51 percent of the residents of the service area must be LMI. Examples of area benefit activities include street/sfdewalk improvements, water /sewer lines, neighborhood facilities, and fagade improvements in neighborhood commercial districts. Census Block: A geographic area bounded by visible and /or invisible features shown on a map prepared by the U.S. Census Bureau. A block is the smallest geographic entity for which the Census Bureau tabulates decennial census data. Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by a local group of census data users or the geographic staff of a regional census center in accordanoo with Census Bureau guidelines. CDBG National Objectives: The authorizing statute of the CDBG program requires that each activity funded except for program administration and planning activities must meet one of three national objectives. All CDBG activities must achieve one or more of these national objectives. • Benefit to low and moderate- income(LMI) persons, • Aid In the prevention or elimination of slums or blight, and • Meet a need having a particular urgency (referred to as urgent need), e.g., existing conditions pose a serious and immediate threat to the health or welfare of the community. In addition, a minimum of 70% of the CDBG program.expendilures must meet the LMI benefit national objective. Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFi,or LMJP. Beneficiary data is reported by the total number of persons or households benefiting from an activity. DUNS Number: Data Universal Numbering System (DUNS) number is a requirement for any business that receives Federal assistance. if a business does not have one, it should call the DUNS number request line at 1.866- 705 -5711 to obtain a number. The process is free and takes about ten minutes. ENERGY STAR: ENERGY STAR is a joint program of EPA and DOE to help us all save money and protect the environment through energy efficient products and practices. HUD encourages incorporation of ENERGY STAR qualified products and practices when conducting rehabilitation or constructing new housing. Likewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator categories in the performance measurement system. Extremely Low - Income: Households with annual income less than 30% of the area median income, as established by HUD. The number of household members is used in the determination. Ethnic Categories: HUD and grantees are required to treat ethnicity as a separate category. "Hispanic or Latino" and "Not Hispanic or Not Latlno" are designated as separate ethnicity categories. • Hispanic or Latino: A person.of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. The term, "Spanish origin," can be used in addition to "Hispanicor Latina." • Not Hispanic or Not Latino: A'person not of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Family: All persons Irving in the same household who are related by birth, marriage, or adoption. Household: Ail persons occupying the same housing unit. The occupants may be a.single family, one person living alone, two or more families living together, or any group of related or unrelated persons who share living arrangements. Housing Quslity Standards (HQS): HQS are set acceptable conditions for Interior living space, building exterior, heating and plumbing systems, and general health and safety. The purpose of HQS Is to determine whether a housing unit is decent, safe and sanitary. Income: (1) Annual income as defined under Section 8; (2) Annual income as reported under the Census long term: or (3), Adjusted gross income as defined by the IRS Form 1040. Low Mod Job Creation or Retention (LMJ): An activity designed to meet the National Objective of creating or retaining permanent jobs, at least 70 percent of Mich (computed on a full -lime equivalent basis) will be made available to or held by LMI persons. Low Mod Limited Clientele (LMC): An activity carried out to meet the National Objective of benefit to LMI persons. Activities under the LMC category must, meet one of the following criteria: • Benefit clientele that is generally presumed to be principally LMI (abused children,.baltered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers); or • Require documentation on family size and income in order to show that at least 70 percent of the clientele are LMI; or • Have income eligibility requirements limiting the activity to LMI persons only; or • Be of such a nature and in such a location that it can be concluded that Clients are primarily LMf. Low Mod Income Area Benefit (LMA): An activity carried out to meet the National Objective of benefit to LMI persons that benefits all residents in a particular target area, where at least 51.percentof the residents are LMI persons. Low and Moderate Income, (LMi): Low and moderate income means family or household annual income less than the Section 8 Low Income Limit, generally 80 percent of the area median income, as established by HUD. Low - Income HouseholdfFamily: A householdifemily having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median income) as established by HUD. Low Income: Households with annual Income less than 50% of the area median income, as established by HUD, Low Mod Housing (LMH): An activity carried out to meet the National Objective of benefit to LMI personslhouseholds, e.g., acquisition, construction, or Improvement of permanent, residential structures which, upon completion, will be occupied by LMi households, Matrix Codes: The matrix code indicates how the acit tly is eligible under CDBG regulations, it generally Identifies the purpose for which assistance was provided, and determines the type of accomplishment units that should be reported. Microenterprlse: A business that has five or fewer employees, one or more of whom owns the enterprise. Moderate-Income Household /Family: A household /family having an income equal to or less than the Section 8 Low Income limit (80°!• of area median income) established by HUD, but greater than the Section 8 Very low income limit (50% of area median income) established by HUD. Page 4 of 5 Instructions, Definitions & Acronyms (created 613Q1081 revised 915108 - _ - QUARTERLY EXPENDITURE AND PROGRESS REPORT ATTACHMENT C INSTRUCTIONS, DEFINITIONS & ACRONYMS Objectives: The objectives capture the range of community impacts that are expected to occur as a result of program activities. There are three possible objectives for each activity: 1) Creating Suitable Living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities. Outcomes: The program outcome helps further refine the activity's objective and captures the nature of the type of change sought or the expected result of the activity. There are three possible outcomes: t) Availability/Accessibility, 2) Affordability, and 3) Sustalnabiiity. Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit may be sold without penalty to the homeowner. Program Income:.Any gross income received by the sub recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)). Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial demographics of the individuals and /or the communities they serve, or are proposing to serve. I. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan,, Korea, Malaysia, Pakistan, the.Philippine Islands, Thailand, and Vietnam. 3. Black or African American. A person having origins in any of Hie black racial groups of Africa. Terms such as `Haifian" or Negro" can be used in addition to "Black or African American.' 4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5, White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. . 6. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above. 7. Asian & White, A person having these multiple race heritages he defined above. 8. Black or African American & White. A person having these multiple race heritages as defined above. 9. American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. 10. Other Multi-Racial. A person reporting multi -race heritages not included in any of the other nine categories listed above, and that have a total count that exceeds one percent of the population served. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination In Federally assisted programs on the basis of handicap. It imposes requirements to ensure that °qualified individuals with handicaps" have access to programs and activities that receive Federal funds, Minimum requirements include, but are not limited to: 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative Requirements. Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job - training program. Sub recipients are also referred to as sub grantees. Survey: The survey Instrument and methodology must be approved by,9UD for the purpose of establishing the percentage of LMI persons in a service area. A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance is available in CPD Notice 05 -06. Instructions, Definitions & Acronyms [created 61301081 revised 915108 Page 6 of 5 ATTACBM ' NT D MIAMI -DADE OFFICE OF COMMUNITY & ECONOMIC DEVELOPMENT (OCED) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or loan recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part I. AGENCY AND PROJECT DETAIL 1. indicate Funding Source: ❑ CDBO ❑ HOME ❑ HOPE VI ❑ HOMELESS (SRO /SHP) ❑ EDI ❑ BEDI 2. Indicate Fiscal Year: FY 20T 3. Name of Subrecipient/Agency: 4. Name of Proposed Activity: 5, Location Address with Cif , ST and Zip of A ivity or Project: 6, Site Folio Numbers : 7. Commission District(s): n n:.._..a n « «a.. «a infn.rv.nainn of Inenlnron} mrinion }• Name: Address: City: State: Zip; Phone: 'Fax: Form Revised 10112107 9. Detailed description of activity or project: 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11, What is the status of activity or project? For example, Pre - Development Phase, Rehab /Construction Underway, Rehab /Construction Completed, etc. Part II. PROJECT OUTCOME Will the activitv or ro ect result in the following? YES NO 1, Change in use 2. Sub - surface alteration (i.e. excavations) 3.. New construction 4. Renovation or demolition 5. Site improvements (utilities, sidewalk, landscaping, storm dr 'Darklpg areas, drives, etc. 6. Building improvements (windows, doors, etc. ) , 7. Displacement of persons, households or business 87 Increase in population working or living on site 9, Land acquisition 10. Activity in 900- yearfloodpiain 11. A new nonresidential use generating at least 1,375,000 gallons of water or 687,506 gallons of sewage per day. 12. Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc. 93. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. vements 16. ding of'more than 10 acre feet of water (e.g. digging a flakeard�lvertln or dee enin of a bod of water . Part Ili. SITE SPECIFIC INFORMATION 1. Land Use: Describe the existing and, proposed land use: • Existing? • Proposed? 2. Site Plan: Does the proposed activity include a new structure(s) or site improvements on a site of one (1) acre or more? ❑. YES ❑ NO If a site plan must be provided Projects) will not be environmentally reviewed without a site plan. 3. Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ YES ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent lots. The photographs shall be identified by address, in addition, provide for each existing structure on the site, the following information: • Existing structure(s) on site? ❑ YES ❑ NO • Estimated age of structure(s)? 4. Value of Improvements: Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ❑ NO 3 If yes, what is the estimated cost of rehabilitation or renovation? What is the amount sought for funding? in addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49,9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovations of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase I Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for Information on hazardous waste sites, hazardous facilities, solid waste /landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil. Has a Phase I been performed? ❑ YES ❑ NO 6. Environmental Health Information: If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ NO if yes, please submit the results. Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO If yes, please submit the results. 4 7. Other Site Information: Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and /or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housingibuilding rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Name of Organization or Corporation Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1st Court . 14th Floor Miami, Florida 33136 Date YES NO 1. Flood insurance required? 2. Public water available on site? 3. Public sewer available on site? 4. Children under? years of age residing on site or relocating to site (including day care facility)? 5. Hazardous waste disposal facility? 6. ,Storage of hazardous materials on site? 7. Abandoned structures on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: For all projects: Submit street/plat maps that depict location of property in the County and /or City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housingibuilding rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that may be affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and /or incorrect information will delay the initiation of the environmental review process by the OCED staff. As such, I am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Name of Organization or Corporation Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Office of Community and Economic Development 701 NW 1st Court . 14th Floor Miami, Florida 33136 Date TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST** CEST* ** EA * * ** Economic Development Notice /No Notice /No RROF (No Statutory FONSI and New Construction RROF RROF Requirement Triggered) X Rehab X' X2 Non-Construction/Expansion X Publish N01 /RROF Housing (Statutory Requirement Single Family Rehab X Muiti- Family Rehab X1 XT New Construction X Homeownership Assistance X Affordable Housing Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X' Xz Infrastructure Xr Xz Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice /No Publish Triggered Statutes) Notice /No Notice /No RROF (No Statutory FONSI and RROF RROF Requirement Triggered) NOURROF Or Publish N01 /RROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30.45 Days 30 -45 Days 45 -90 Days 90 Days Triggered Statutes) Minimum X1 if for continued use and change in density (or size) of less than 20% X2 Change in density (or size) of more than 20% * Exempt Exempt Activities ** CENST Categorically Excluded and Not Subject to 58.5 * ** CEST Categorically Excluded Subject to 58.5 *'* EA Environmental Assessment (Format II) ATTACHMENT E CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any of the funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreement in excess of $100,000) and that all subrecipients shall certify and disclose accordingly. 4.. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. By: w t I r. xx tjo .((,, (sl mature fAu horized Repres ntailve)) p Print: �,1 (� n^ (Print Name of Firm and Authoriz d R�entstive) Title: Ca 6'r "1 Date: Ou Off W CTeefsh darlos AOiM, Mp.ypr sarbata J. JbOah, u.4hpi I -Qornplb. RoIld Addrby M. 841[y A, Hpyaran Carlos A. Kalyi RobAn A MiAW DOWN I P W-M-AA 9 WWW.RVA , 1W#Wa� - -!eaqov dii, This Form to be Faxed to! 365-375-1125 Attehtion- Michael 0, Smart ATTACHMENT F Q000 , Ry t:4iplfiod' . . . . . . . . fslaaz: m: OpmCINL man N.1j*rOb4p 0,00.0t 00,rnmi�sjorier L�= Othev F"vnMug 10 as {Max 3) 8igil.lockion address Plus, t!)ielfiric location of sign placement L-- South Miami aname�oacnv CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER — OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Com sijjo��n��. Via: Roger arlton, Acting City Manage- WU14 —_ From: Caro brun, Grants Writer /Administrator Date: January 14, 2010 Agenda Item No.: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY'S OFFICE OF GRANTS COORDINATION FOR SOCIAL SERVICES, WHICH CONSIST OF AFTER SCHOOL HOUSE TUTORING AND SENIOR MEALS PROGRAMMING IN THE AMOUNT OF $45,175.00; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the Acting City Manager to execute a grant agreement with Miami - Dade County's Office of Grants Coordination for the After School House and the Senior Meals Programs Background: Previously, the City of South Miami has been awarded grant funds from Miami -Dade County's Miami -Dade County's Office of Grants Coordination for After School House Tutoring and Senior Meals Programming. The present fiscal year's total award amount is $45,175.00 with the breakdown as follows: 1) After School House Tutoring in the amount of $26,775.00; and 2) Senior Meals in the $1$,400.00. Both programs are operated through the City's Parks and Recreation Department. The exact same scope of services will be provided as with the previous contracts. The resolution will allow the Acting City Manager to execute the grant agreement with the County. Cost: N/A Funding Source: Miami -Dade County's Office of Grants Coordination Backup Documentation: ❑ Proposed Resolution ❑ Proposed Contract ❑ Previous Resolutions ❑ Previous Contracts MIAMI -DADE COUNTY, OFFICE OF GRANTS COORDINATION (CB) REQUIRED CONTRACT DOCUMENTS CHECKLIST HECK ITEMS UPON COMPLEiIVN O 1. Have you completed 4veA originals of the attached Contract? O 2. Have you included your Agency's signed Resolution Authorizing Execution of the Contract? 3 O 3. The date on the top of the first page must be left blank on all Ave .(6j original Contracts. O 4. Does one (1) of the names authorized by the Board of Directors on the Resolution match the signed name on the signature page of the Contract? O S. For the one (1) authorized signature on the contract, is there a witness? O 6. Has the Agency's Corporate Seal been placed on the signature page of all five- (} Contracts? 3 O 7. Are there five-.O signed originals of the approved Attachment A "Scope of Service Narrative "? (If there are multiple allocations listed on page 1 of the Contract, are there five (5) originals of the approved Attachment A "Scope of Service Narrative" included for each as well ?) 3 O 8. Are there five -A originals of the approved Attachment B "Line Item Budget Form "? (Does the amount specified on page 1 of the Contract match the amount on Attachment B, labeled "Line Item Budget Form " ?) Have you included the approved comprehensive narrative that includes an explanation and calculation for all budgeted costs? (If there are multiple allocations listed on page 1 of the Contract, are there five .(&?0Tiginals of the approved Attachment B "Line Item Budget Form" included for each as well ?) 3 O 9. Are all-five- 4-5) originals of Attachments C, D and E completed in full and properly signed, dated and notarized? 3 010. Do all five -(s) originals of Attachment I have the appropriate disclosure regarding subcontractors and suppliers? O 11. Have you completed and included (on your agency letterhead) Attachment J from this package? O 12. is the required Certificate of Insurance included with the Contract? FAILURE TO COMPLETE AND/ OR SUBMIT ALL DOCUMENTATION WILL DELAY THE EXECUTION OF THE CONTRACT SUBMIT THIS FORM WITH CONTRACT Name of Agency: Contact Checklist completed by: Phone num (rev. CERTIFICATE OF CORPORATE RESOLUTIONS, CORPORATE STATUS AND INCUMBENCY OF , a Florida Not for Profit Corporation The undersigned, as President of for -profit Corporation (the "Corporation "), hereby certifies that: a Florida not- 1. The Corporation is a duly formed, validly existing corporation in good standing under the laws of the State of Florida. 1 By the unanimous written consent of the Board of Directors of the Corporation, the following resolutions were adopted as of 2009, and the same have not been revoked, cancelled, annulled or amended in any manner and are in full force and effect on the date hereof: WHEREAS, the Corporation has been awarded Contract # for the provision of social /crime prevention services to Miami -Dade County ("the Contract "), Fiscal Year 20_ -20_, in the total amount of $ .00; WHEREAS, the Corporation desires to fulfill its contractual responsibilities and accomplish the objectives in the Contract's Scope of Services; WHEREAS, a quorum was present and voted for the passage of these resolutions, NOW THEREFORE, BE IT RESOLVED, that the Corporation, on its own behalf, approves the Contract. FURTHER RESOLVED, that the Corporation ratifies the execution of the Contract by and between the Corporation and the County. FURTHER RESOLVED, that the Corporation hereby authorizes the execution and delivery of the Contract and all attachments required to be executed and delivered by the Corporation in connection with the Contract, which are necessary or appropriate to consummate the Contract. FURTHER RESOLVED, that the President, the Vice President, the Secretary, any other officer of the Corporation or any other duly authorized representative employed by the Corporation listed below, acting alone in either case, with full power of substitution, be and hereby is authorized to execute and deliver, and the Secretary of the Corporation is hereby authorized to (but is not required to) affix the seal of the Corporation to and attest the same upon the Contract, but with such modifications and additional provisions as the officer of the Corporation executing the same may deem advisable. All of the documents executed and delivered as aforesaid shall be and constitute the acts and obligations of the Corporation. FURTHER RESOLVED, that the Corporation hereby ratifies and confirms the acts of its officer or duly authorized representative employed by the Corporation executing and delivering all such documents and instruments, including but not limited to: the Contract, any amendments, payments requests, and budget modifications attendant to the Contract, regardless of whether such acts were performed before or subsequent to the date of the adoption of this Resolution. FURTHER RESOLVED, that the Corporation directs its officers and employees to perform all of the Corporation's obligations and undertakings under the Contract. FURTHER RESOLVED, that these Resolutions shall continue in full force and effect and may be relied upon by the Corporation and the County, until receipt of written notice of any change therein. 3. The following persons are hereby authorized by the Corporation to execute and deliver all such documents and instruments related to the Contract, including but not limited to: any amendments, payments requests and budget modifications attendant to the Contract, regardless of whether such acts were performed before or subsequent to the date of the adoption of this Resolution. NAME TITLE SIGNATURE IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the Corporation's corporate seal as of the day of 2009. Printed Signature: OGC 010 (Revind 1011/09) (Corporate Seal) Sri AGREEMENT 10- SMIA -CS FY 2009 -10 County General Funds Ordinance #9 -83 and 9 -85 This Agreement made and entered into as of this day of , 2009. by and between Miami -Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County "), having its principal office at 111 N.W. 1st Street, 19th Floor, Miami, Florida 33128 and City of South Miami, a corporation organized and existing under the laws of the State of Florida, having its principal office at 6130 Sunset Drive, South Miami, Florida 33143 (hereinafter referred to as "Provider "), states conditions and covenants for the rendering of human and social services (hereinafter referred to as "Services ") for the County. WHEREAS, the Home Rule Charter authorizes the 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 Mayor or the Mayor's designee; and WHEREAS, the Provider provides or will develop services of value to the County and has demonstrated an ability or desire to provide these services; and WHEREAS, the County is desirous of assisting the Provider in providing those services and the Provider is desirous of providing such services; and WHEREAS, the County has appropriated funds for the proposed services; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS The following words and expressions used in this Agreement shall be construed as follows, except when it is clear from the context that another meaning is intended: a) The words "Agreement' "Contract" or "Contract Documents" shall mean collectively these terms and conditions, the Scope of Services (Attachment A) and the Budget Documents (Attachment B) and all other attachments hereto, as well as all amendments or budget revisions issued hereto. b) The words "Contract Manager" shall mean Miami -Dade County's Director of the Office of Grants Coordination ( "OGC ") or the Director's designee, or the duly authorized representative designated to manage the Contract. c) The word "Days" shall mean Calendar Days, unless otherwise specifically noted. d) The word "Deliverables" shall mean all documentation and any items of any nature submitted by the Provider to the County's Contract Manager for review and approval pursuant to the terms of this Agreement. Page 1 of 23 OWN e) The words "directed ", "required ", "permitted ", "ordered ", "designated ", "selected ", "Prescribed" or words of like import to mean respectively, the direction, requirement, permission, order, designation, selection or prescription of the County's Contract Manager; and similarly the words "approved ", acceptable ", "satisfactory", "equal ", "necessary", or words of like import to mean respectively, approved by, or acceptable or satisfactory to, equal or necessary in the sole discretion of the County's Contract Manager. f) The words "Effective Term" shall mean the date on which this Agreement is effective, including start date and end date. g) The words "Extra Work" or "Change Order" or "Additional Work" shall mean resulting in additions or deletions or modifications to the amount, type or value of the Work and Services as required in this Agreement, as directed and /or approved by the County: h) "HIPAA" means Health Insurance Portability and Accountability Act of 1996. 1) The words „ Scope of Services” shall mean the document appended hereto as Attachment A, which details the work to be performed by the Provider. j) The word "subcontractor" or "subconsultant" shall mean any person, entity, firm or corporation, other than the employees of the Provider, who furnishes labor and /or materials, in connection with the Work, whether directly or indirectly, on behalf and /or under the direction of the Provider and whether or not in privity of Agreement with the Provider. k) The words 'Work „ "Services" Services " ,, Program' , or 'Project" shall mean all matters and things required to be done by the Provider in accordance with the provisions of this Agreement. 1) "Service Authorization Agreement" (Attachment K) shall mean the previous Agreement signed by the Provider, which included initial draft Scope(s) of Service and Budget Documents, This Service, Authorization Agreement was designed to allow for the continuity of services and for the payment of an advance to the Provider. Any funds that were forwarded under the Service Authorization Agreement shall be accounted for and subtracted from any funds due under this Contract. The terms of this executed Contract shall supersede the terms of the Service Authorization Agreement. ARTICLE 2. AMOUNT PAYABLE. Subject to available funds, the maximum amount payable for services rendered under this contract shall not exceed: South Miami Senior Meals $18,400 The After School House (Tutoring) $26,775 The Provider acknowledges that the above amount reflects the original contract amount and that any funds paid out pursuant to the Service Authorization Agreement previously executed by the Provider shall be subtracted from the amount(s) above. Both parties agree that should available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the sole discretion and option of the County. Page 2 of 23 CB All services undertaken by the Provider before the County's execution of this Contract shall be at the Provider's risk and expense. It is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County. ARTICLE 3. SCOPE OF SERVICES The Provider shall render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. The Provider shall implement the Scope of Services as described in Attachment A in a manner deemed satisfactory to the County. Any modification or amendment to the Scope of Services shall not be effective until approved by the County and Provider in writing. ARTICLE 4. BUDGET SUMMARY The Provider agrees that all expenditures or costs shall be made in accordance with the Budget, which is attached herein and incorporated hereto as Attachment B. The Provider may shift funds between existing line items: 1) without a budget revision, if the change to the line item does not exceed fifteen percent (15 %); or 2) with a budget revision requested by the Provider's President, Vice President, Executive Director, or other designated representative as stated on the Authorized Signature Form attached hereto, and approved by the OGC, if the changes to a line item exceed fifteen percent (15 %). A budget revision is also required in order to add new line items. Please note: In no event shall expenditures in any approved budget line item exceed fifteen (15) percent of that line item. The approved Budget Revision shall replace Attachment B in its entirety. In no event shall the budget include a line item for indirect costs in excess of fifteen percent (15 %) of the total budget. If the budget includes a line item for indirect costs of less than fifteen percent (15 %) of the total budget, then the Provider must clearly describe the line item in the budget narrative. The Provider may request a budget revision to amend the budget no more than twice during the term of this Agreement. A request for a budget revision must be submitted to OGC no later than forty -five (45) days prior to the expiration of this Agreement. ARTICLE 6. EFFECTIVE TERM Both parties agree that the effective term of this Agreement shall commence on October 1, 2009 and terminate at the close of business on September 30, 2010. ARTICLE S. INDEMNIFICATION BY PROVIDER A. Government Entity. Government entity 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 Page 3 of 23 WWI of actions or proceedings of any kind or nature arising out of, relating to 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 investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28, Fla. Stat., subject to the provisions of that Statute whereby the government entity shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the government entity arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the government entity. B. All Other Providers. Provider 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 Provider or its employees, agents, servants, partners principals or subcontractors. Provider 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. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider 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. C. Term of Indemnification. The provisions of Article 6 shall survive the expiration or termination of this Contract. ARTICLE 7. INSURANCE If the total dollar value of all County contracts with the Provider exceeds $25,000 then the following insurance coverage is required: A. Government Entity. If the Provider is the State of Florida or an agency or political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. The provider shall also furnish the County, upon request, written verification of Workers Compensation protection in accordance with Florida Statutes, Chapter 440. B. All Other Providers, 1. Minimum Insurance Requirements: Certificates of Insurance. The Provider shall submit to Miami -Dade County, c/o Office of Grants Coordination (OGC), 111 N.W. 1s` Street, 19th Floor, Miami, Florida 33128 -1994, original Certificate(s) of Insurance indicating that insurance coverage has been obtained which meets the requirements as outlined below: Page 4 of 23 XIII A. All insurance certificates must list the COUNTY as "Certificate Holder" in the following manner: Miami -Dade County 111 N.W. 1si Street, Suite 2340 Miami, Florida 33128 B. Worker's Compensation Insurance for all employees of the SERVICE PROVIDER as required by Florida Statutes, Chapter 440. C. Commercial General Liability Insurance in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County must be shown as an additional insured with respect to this coverage. D. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles used in connection with the Work provided under this Agreement, in an amount not less than $300,000* combined single limit per occurrence for bodily injury and property damage. *NOTE: For SERVICE PROVIDERS supplying vans or mini -buses with seating capacities of fifteen (15) passengers or more, the limit of liability required for Auto Liability is $500,000. E. Professional Liability Insurance in the name of the SERVICE PROVIDER, when applicable, in an amount not less than $250,000. F. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: 1. The company must be rated no less than "B" as to management, and no less than "Class W as to financial strength, according to the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the COUNTY's Risk Management Division. OR 2. The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida,' issued by the State of Florida Department of Insurance, and must be a member of the Florida Guaranty Fund. G. Certificates will indicate that no modification or change in insurance shall be made without thirty (30) days advance written notice to the Certificate Holder. H. Compliance with the foregoing requirements shall not relieve the SERVICE PROVIDER of its liability and obligations under this Section or under any other section of this Agreement. Page 5 of 23 AQ I. The COUNTY reserves the right to inspect the SERVICE PROVIDER'S original insurance policies at any time during the term of this Agreement. J. Applicability of Article XI of this Agreement affects SERVICE PROVIDERS whose combined total award for all services funded under this Agreement exceed a $25,000 threshold. In the event that the SERVICE PROVIDER whose original total combined award in ,less than $25,000, but receives additional funding during the contract period which makes the total combined award exceed $25,000, then the requirements in Article XI shall apply. K. Failure to Provide Certificates of Insurance. The Contractor shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the effective term of this Agreement. If insurance certificates are scheduled to expire during the effective term, the Provider shall be responsible for submitting new or renewed insurance certificates to the County prior to expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the effective term, the County may suspend the Agreement until such time as the new or renewed certificates are received by the County in the manner prescribed herein; provided, however, that this suspended period does not exceed thirty (30) calendar days. Thereafter, the County may, at its sole discretion, terminate this Agreement. ARTICLE 8. A, Licensure. If the Provider is required by the State of Florida or Miami -Dade County to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall maintain a copy of all required current licenses or certificates. This documentation should remain on file at the Provider agency and shall be made available to the County for on -site review and audit. Examples of services or operations requiring such Licensure or certification include but are not limited to child care, day care, nursing homes, and boarding homes. If the Provider fails to furnish the County with the licenses or certificates requested under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within forty -five (45) days of the County's request may result in termination of this Agreement. B. Background Screening. In the event criminal background screening is required by law, the State of Florida and/or the County, only employees and subcontracted personnel with a satisfactory national criminal background check through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of Investigation) may work in direct contact with juveniles. Unless specifically requested by the County in writing, the Provider is not required to submit any background screening information to the County. This documentation should remain Page 6 of 23 on file at the Provider agency and shall be made available to the County for on -site review and audit. When applicable, if the Provider fails to furnish the County with proof of the satisfactory background screening required under this Article, the County shall not disburse any funds until the County is provided with documented proof that the required background screening was initiated. The County requires that only employees and subcontracted personnel with a satisfactory background check as described in Section 39.001 (2), Florida Statutes and through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement, Federal Bureau of Investigation) work with direct contact with juveniles. Pursuant to Section 985.01 2(a) Florida Statutes, "each contract entered into ... for services delivered on an appointment or intermittent basis by a provider that does not have regular custodial responsibility for children... must ensure that the owners, operators, and all personnel who have direct contact with children are of good moral character..." In order to ensure this condition "(b) The Department of Juvenile Justice... shall require employment screening Pursuant to chapter 435, using the level 2 standards set forth in that chapter for personnel in programs for children or youths." Pursuant to the above passages from Florida Statutes, it is required that all provider agency personnel working directly with children must have a completed Level 1 Screening response from the Florida Department of Law Enforcement that indicates that there has been no prior involvement in any of the disallowed conditions, before beginning work with client youths. Level 1 Screenings can be accomplished electronically on line with the Florida Department of Law Enforcement: www idle state ft us /Crimingl lstory /. In addition, recognizing that Level 2 Screening can take several weeks, Level 2 Screening must be initiated prior to beginning work directly with clients. Any employee receiving positive response /responses to any of the enumerated charges as defined in Level 1 and Level 2 background checks must immediately cease working with children or youths. All employee personnel files shall reflect the initiation and completion of the required background screening checks. From the date of execution of this contract, Provider shall furnish the County with proof that background screening Level 1 was completed. If the Provider fails to furnish to the County proof that background screening Level 1 was completed and Level 2 was initiated prior to working directly with client youths, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. The County requires that only employees and subcontracted employees with a satisfactory background check as described in Section 435.03(3)(a), and through an appropriate screening agency (i.e. Florida Department of Law Enforcement, Federal Bureau of Investigation) work in direct contact with the elderly, disabled and persons with mental illness, in settings such as but not limited to adult day care center, assisted living facilities, home equipment screening nursing homes, home health agencies (facilities for developmentally disabled, and mental health treatment facilities. Within thirty,(30) days of execution of this contract, Provider shall furnish the County with proof that background screening was initiated /completed. If the Provider falls to furnish to the County proof that background screening was initiated within thirty (30) days of execution of this Page 7 of 23 CB contract, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. ARTICLE 9. CONFLICT OF INTEREST A. The Provider agrees to abide by and be governed by Miami -Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance codified at Section 2 -11.1 et al. of the Code of Miami -Dade County), as amended, which is incorporated herein by reference as if fully set forth herein, in connection with its contract obligations hereunder. B. No person under the employ of the COUNTY, who exercises any function or responsibilities in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, any personal financial interest, direct or indirect, in this Agreement. C. No person, including but not limited to any officer, board of directors, manager, or supervisor employed by the Provider, who is in the position of authority, and who exercises any function or responsibilities in connection with this Agreement, has at the time this Agreement is entered into, or shall have during the term of this Agreement, received any of the services, or direct or instruct any employee under their supervision to provide such services as described in the Agreement. Notwithstanding the before mentioned provision, any officer, board of directors, manager or supervisor employed by the Provider, who is eligible to receive any of the services described herein may utilize such services if he or she can demonstrate that he or she does not have direct supervisory responsibility over the Provider's employee(s) or service program. D. In accordance with County Ordinance No. 08 -113, and the Code of Miami -Dade County Section 2- 8.1.1, collusion in bidding for County contracts is prohibited. Two (2) or more related parties shall be presumed collusive if each submits a bid or proposal for any County purchases of supplies, materials and services (including professional services, other than professional architectural, engineering and other services subject to Sec. 2 -10.4 and Sec. 287.055 Florida Statutes), lease, permit, concession or management agreements regardless of the value of the contract being solicited. The Provider is required to submit an affidavit (see Attachment C of this Agreement) regarding their relation to other bidders for similar purchases or services, except those excluded from this provision. ARTICLE 10. CIVIL RIGHTS The Provider agrees to abide by Chapter 11A of the Code of Miami -Dade County ( "County Code "), as amended, which prohibits discrimination in employment, housing and public accommodations on the basis of race, creed, religion, color, sex, familial status, marital status, sexual orientation, pregnancy, age, ancestry, national origin or handicap; Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C. §6101, as amended, which prohibits discrimination in employment because of age; the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which prohibits discrimination on the basis of disability; the Americans with Disabilities Act, 42 U.S.C. §12101 at sec., which prohibits discrimination in Page 8 of 23 employment and public accommodations because of disability; the Federal Transit Act, 49 U.S.C. §1612, as amended; and the Fair Housing Act, 42 U.S.C. §3601 et se q. It is expressly understood that the Provider must submit an affidavit attesting that it is not in violation of the Acts. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider is found by the responsible enforcement agency, the Courts or the County to be in violation of these acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts during the term of any contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave, codified as § 11A -60 et sea. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against Provider. ARTICLE 11. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT: Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI)" and /or "Protected Health Information (PHI)" shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, include but are not limited to: 1. Use of information only for performing services required by the contract 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 Provider 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 client for review and amendment; and incorporating any amendments requested by the client; 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 Provider must give its clients written notice of its privacy information practices, including specifically, a description of the types of uses and disclosures that would be made with protected health information. Provider must post, and distribute upon request to service recipients, a copy of the County's Notice of Privacy Practices. Page 9 of 23 wo ARTICLE 12. NOTICE REQUIREMENTS Notice under this Agreement shall be sufficient if made in writing, delivered personally or sent via U.S. mail, electronic mail, facsimile, or certified mail with return receipt requested and postage prepaid, to the parties at the following addresses (or to such other party and at such other address as a party may specify by notice to others) and as further specified within this Agreement. If notice is sent via electronic mail or facsimile, confirmation of the correspondence being sent will be maintained in the sender's files. If to the COUNTY: Miami -Dade County Office of Grants Coordination 111 N.W. V Street, 19 "a Floor Miami, Florida 33128 Attention: Daniel T. Wall, Director Electronic mail: dtw @miamidade.gov If to the PROVIDER: Horace G. Feliu Mayor City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Electronic mail: cgarcia @cityofsouthmiami.net Either party may at any time designate a different address and/or contact person by giving written notice as provided above to the other party. Such notices shall be deemed given upon receipt by the addressee. ARTICLE 13. AUTONOMY Both parties agree that this Agreement recognizes the autonomy of the contracting parties and implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider's agents and employees are not agents or employees of the County. ARTICLE 14, SURVIVAL The parties acknowledge that any of the obligations in this agreement, including but not limited to Provider's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Provider under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. Page 10 of 23 CB ARTICLE 15. BREACH OF AGREEMENT: COUNTY REMEDIES A. Breach. A breach by the Provider shall have occurred under this Agreement if: (1) the Provider fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement; (2) the Provider ineffectively or Improperly uses the County funds allocated under this Agreement; (3) the Provider does not furnish the Certificates of Insurance required by this Agreement or as determined by the County's Risk Management Division; (4) if applicable, the Provider does not furnish upon request by the County proof of licensure /certification or proof of background screening required by this Agreement; (5) the Provider fails to submit, or submits incorrect or incomplete, proof of expenditures to support disbursement requests or advance funding disbursements or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (6) the Provider does not submit or submits incomplete or incorrect required reports; (7) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (8) the Provider discriminates under any of the laws outlined in Article 10 of this Agreement; (9) the Provider, attempts to meet its obligations under this Agreement through fraud, misrepresentation, or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation, or review within the specified time as described and defined in a Corrective Action Plan (CAP); (11) the Provider fails to issue prompt payments to small business subcontractors or follow dispute resolution procedures regarding a disputed payment; (12) the Provider fails to submit the Certificate of Corporate Status, Board of Directors requirement, or proof of tax status; and (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements, and stipulations in this Agreement.; (14) the Provider fails to meet any of the terms and conditions of the Miami -Dade County Affidavits (Attachment D) or the State Affidavit (Attachment E); or (15) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. B. County Remedies. If the Provider breaches this Agreement, the County may pursue any or all of the following remedies: 1. The County may terminate this Agreement by giving written notice to the Provider of such termination and specifying the effective date thereof. 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 secured by the Provider with County funds under this Agreement (b) seek reimbursement of County funds allocated to the Provider under this Agreement; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Agreement by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) 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 Provider as condition 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 contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; Page 11 of 23 CB 3. The County may seek enforcement of this Agreement including but not limited to filing an action in a court of appropriate jurisdiction. The Provider shall be responsible for ail direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may debar the Provider from future County contracting; 5. if, for any reason, the Provider should attempt to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Agreement by giving written notice.to the provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or 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. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation, or material misstatement may be debarred from county contracting for up to five (5) years; 6. Any other remedy available at law or equity. C. Authorization to Terminate Agreement. The Mayor or the Mayor's designee is authorized to terminate this Agreement on behalf of the County. D. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Contract by the County shall not be deemed a waiver of any rights or remedies, nor shall it relieve the Provider from performing any subsequent obligations strictly in accordance with the term of this Contract. No waiver shall be effective unless in writing and signed by the parties. Such waiver shall be limited to provisions of this Contract specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. E. Damages Sustained. Notwithstanding the above, the Provider 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 Provider 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 Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. ARTICLE 16. TERMINATION BY EITHER PARTY Both parties agree that this Agreement may be terminated by either party hereto by written notice to the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. The Mayor or the Mayor's designee is authorized to terminate this Agreement on the behalf of the County. ARTICLE 17. PAYMENT PROCEDURES The County agrees to pay the Provider for services rendered under this Agreement based on the payment schedule, the line item budget, or both, which are incorporated herein Page 12 of 23 and attached hereto as Attachment B. Payment shall be made in accordance with procedures outlined below and if applicable, the Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40). A. Reimbursement and Advances. The parties agree that this is a cost - basis Agreement and that the Provider shall be paid through reimbursement payment based on the budget approved under this Contract (See Attachment 13) and when complete and proper documentation of service delivery and incurred expenses are provided to the County. Upon proper and complete execution of the Service Authorization Agreement or this Contract (to include proof of insurance), whichever comes first, the County will provide the Provider with twenty -five percent (25 %) of the Contract amount. An advance of more than twenty -five percent (25 %) may be paid to the Provider if approved in writing by the Mayor or the Mayor's designee. The Provider's request for advance payment must be submitted in writing and must specify the reasons and justifications for such advance payment. It need not be accompanied by a detailed expenditure report. The County shall have the sole discretion in choosing whether or not to provide any advance payments and is not obligated to do so under any circumstances. B. Monies Owed to the County. The County reserves the right, in its sole discretion, to reduce payments to the Provider in order to recapture any monies owed to the County. In accordance with County Administrative Order No. 3 -29, the Provider that is in arrears to the County is prohibited from obtaining new County contracts or extensions of contracts until such time as the arrearage has been paid in full or the County has agreed in writing to an approved payment plan. C. No Payment of Subcontractors. in no event shall County funds be advanced or paid by the County directly to any subcontractor hereunder. Payment to approved subcontractors shall be made by Provider following requirements and limitations as detailed in Article 21 of this Agreement. D. Requests for Payment. The County agrees to pay all budgeted costs incurred by the Provider that are allowable under the County guidelines. In order to receive payment for allowable costs, the Provider shall submit a Monthly Summary of Expenditures Report and a Monthly Performance Report on forms provided by the OGC. The OGC must receive the Monthly Summary of Expenditures Report and the Monthly Performance Report no later than the 21st day of the month following the month in which services were provided. The Monthly Summary of Expenditures Report shall reflect the expenses incurred by the Provider for the month services were rendered and documented in the Monthly Performance Report. Upon submission of satisfactory required monthly reports, the OGC shall make payment. The County will not approve payments for in -kind or volunteer services provided by the Provider on behalf of the project. The OGC shall accept originals of invoices, receipts and other evidence of indebtedness as proof of expenditures. When original documents cannot be produced, the Provider must adequately justify their absence in writing and furnish copies as proof of the expenditures. E. Processing the Request for Payment. After the OGC reviews and approves the payment request, the OGC will submit a check request to the County's Finance Department. The County's Finance Department will issue and mail the check directly to the Provider at the address listed on page one (1) of this Agreement, unless otherwise directed by the Provider in writing. The parties agree that the processing of a payment request from date of submission Page 13 of 23 W shall take a minimum of forty -five (45) days from receipt, if support documentation /invoices are properly documented. it is the responsibility of the Provider to maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County. Failure to submit monthly reimbursement requests with supporting documentation in a manner deemed correct and acceptable by the County, by the 21st day of each month following the month in which the service was delivered, shall be considered a breach of this Agreement and may result in termination of this Agreement. F, Final Request for Payment. A final request for payment from the Provider will be accepted by the OGC up to thirty (30) days after the expiration of this Agreement. If the Provider fails to comply, all rights to payment shall be forfeited. The request for the final payment may include accruals of the personnel costs listed in Attachment B, which the Provider is obligated to pay after the close of the period for services provided within the term of the Agreement. G. Closeout Reporting Process /Recapture of Funds. Upon the expiration of this Contract, the Provider shall submit Closeout Report documents to the OGC no more than thirty (30) days after the expiration of this Contract. These documents shall include a cumulative year- end summary of Provider's program performance, the Year -End Closeout Report and the Property Inventory Report. If after receipt of these documents, the OGC determines that the Provider has been paid funds not in accordance with the Contract, and to which it is not entitled, the Provider shall return such funds to the County or submit appropriate documentation. The County shall have the sole discretion in determining whether the Provider is entitled to such funds and the County's decision on this matter shall be binding. Additionally, any unexpended or unallocated funds shall be recaptured by the County. ARTICLE 18. PROHIBITED USE OF FUNDS A. Adverse Actions or Proceeding. The Provider 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 Provider 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. B. Religious Purposes. County funds shall not be used for religious purposes C. Commingling Funds. The Provider shall not commingle funds provided under this Agreement with funds received from any other funding sources. The Provider shall establish a separate account exclusively for receipt of the funds received pursuant to this Agreement. ARTICLE 19. A. Certificate of Corporate Status. The Provider must submit to the OGC, within thirty (30) days from the date of execution of this Agreement, a certificate of corporate status in the name of the Provider, which certifies the following: that the Provider is organized under the Page 14 of 23 CO laws of the State of Florida; that all fees and penalties have been paid; that the Providers most recent annual report has been filed; that its status is active; and that the Provider has not filed Articles of Dissolution. B. Board of Director Requirements. The Provider shall insure that the Provider's Board of Directors is apprised of the programmatic, fiscal, and administrative obligations under this agreement funded through County Funds by passage of a formal resolution authorizing execution of this Agreement with the County. A current list of the Provider's Board of Directors and officers must be included with the submission. Said resolution shall at a minimum list the name(s) of the Board's President, Vice President and any other persons authorized to execute this Agreement on behalf of the Provider, and reference the service categories and dollar amounts in the award, as may be amended. A copy of this corporate resolution must be submitted to the County prior to contract execution. C. Proof of Tax Status, The Provider is required to submit to the County the following documentation: (a) The I.R.S. tax exempt status determination letter; (b) the most recent I.R.S. form 990; (c) the annual submission of I.R.S. form 990 within (8) months after the Provider's fiscal year end; (d) IRS form 941 - Quarterly Federal Tax Return Reports within thirty - five (35) days after the quarter ends and if the form 941 reflects a tax liability, proof of payment must be submitted within forty -five (45) days after the quarter ends. D. Business Application, The Provider shall be a registered vendor with the County's Department of Procurement Management, for the duration of this Agreement. It is the responsibility of the Provider to file the appropriate Vendor Application and to update the Application file for any changes for the duration of this Agreement, including any option years. E. Section 2- 11.1(d) of Miami -Dade County Code as amended by Ordinance 00 -1, 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 -bade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at (305) 579 -9093. F. Accounting Records. The Provider shall keep accounting records which conform to generally accepted accounting principles. All such records will be retained by the Provider for not less than three (3) years beyond the term of this Agreement, and shall be made available for review upon request from County authorized personnel. G. Financial Audit. If the Provider has or is required to have an annual certified public accountant's opinion and related financial statements, the Provider agrees to provide these documents to the OGC no later than one hundred eighty (180) days following the end of the Provider's fiscal year, for each year during which this Agreement remains in force or until all funds received pursuant to this Agreement have been so audited, whichever is later. Page 15 of 23 Ma H. Access to Records: Audit. The County reserves the right to require the Provider to submit to an audit by an auditor of the County's choosing or approval. The Provider shall provide access to all of its records which relate to this Agreement at its place of business during regular business hours. The Provider agrees to provide such assistance as may be necessary to facilitate their review or audit by the County to insure compliance with applicable accounting and financial standards. i. Quarterly Reviews of Expenditures and Records. The County Commission Auditor may perform quarterly reviews of Provider expenditures and records. Subsequent payments to the provider shall be subject to a satisfactory review of Provider records and expenditures by the County Commission Auditor, including but not limited to, review of supporting documentation for expenditures and the existence of sufficient documentation to support eligible expenditures. The Provider agrees to reimburse the County for ineligible expenditures as determined by the County Commission Auditor. J. Quality Assurance / Recordkeeping. The Provider shall maintain, and shall require that the Provider's subcontractors and suppliers maintain, complete and accurate program and fiscal records to substantiate compliance with the requirements set forth in the Attachment A, Scope of Services, of this Agreement. The Provider and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of five (5) years from the expiration date of this Agreement. The Provider agrees to participate in evaluation studies, quality management activities, Corrective Action Plan activities, and analyses carried out by or on behalf of the County to evaluate the effectiveness of client service(s) or the appropriateness and quality of care /service delivery. Accordingly, the Provider shall permit authorized staff involved in such efforts the right of access to the Provider's premises and records K. Confidentiality Requirements. To establish and implement policies and procedures that ensures compliance with the following security standards and any and all applicable State and Federal statutes and regulations for the protection of confidential client records and electronic exchange of confidential information. The policies and procedures must ensure that: (1) There is a controlled and secure area for storing and maintaining active confidential information and files, including but not limited to medical records; (2) Confidential . records are not removed from the Provider's premises, unless otherwise authorized by law or upon written consent from the County; (3) Access to confidential information is restricted to authorized personnel of the Provider, the County, the United States Department of Health and Human Services, the United States Comptroller General, and /or the United States office of the Inspector General; (4) Records are not left unattended in areas accessible to unauthorized individuals; Page 16 of 23 WE (5) Access to electronic data is controlled; (6) Written authorization, signed by the client, is obtained for release of copies of client records andfor information. Original documents must remain on file at the originating provider site; (7) An orientation is provided to new staff persons, employees, and volunteers. All employees and volunteers must sign a confidentiality pledge, acknowledging their awareness and understanding of confidentiality laws, regulations, and policies; (8) Procedures are developed and implemented that address client chart and medical record identification, filing methods, storage, retrieval, organization and maintenance, access and security, confidentiality, retention, release of information, copying, and taxing. L, Progress Reports. The Provider shall furnish the OGG with monthly progress /performance reports in accordance with the activities and goals detailed in Attachment F of this Agreement, The reports shall explain the Provider's progress for the month. The data should be quantified when appropriate. The final progress report shall be due no later than thirty (30) days after the expiration or termination of this Agreement. M. Monitoring: Management Evaluation and Performance Review. This section shall pertain only to Providers whose funding allocation under this Agreement is $10,000 or more or whose funding allocation becomes $10,000 or more during the term of this Agreement. The Provider agrees to permit County authorized personnel to monitor, review and evaluate the program /work which is the subject of this Agreement. The OGG shall monitor both fiscal and programmatic compliance with all the terms and conditions of the Agreement. The Provider shall permit the OGG to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the OGC's findings will be delivered to the Provider and the Provider will rectify all deficiencies cited within the period of time specified in the report. If such deficiencies are not corrected within the specified time, the County may suspend payments or terminate this Agreement. The OGG may conduct one or more formal management evaluation and performance reviews of the Provider. Continuation of this Agreement or future funding is dependent upon satisfactory evaluation conclusions by the County. N. Client Records. The Provider shall maintain a separate individual client chart for each client /family served, where appropriate. This client chart shall include all pertinent information regarding case activity. At a minimum, the client chart shall contain referral and intake information, treatment plans, and case notes documenting the dates services were provided and the type of service provided. These client charts shall be subject to the audit and inspection requirements under Article 19, Sections F, G, and H of this Agreement. O. Disaster Plan /Continuity of Operations Plan (COOP). The Provider shall develop and maintain an Agency Disaster Plan /COOP. At a minimum, the Plan will describe how the Provider establishes and maintains an effective response to emergencies and disasters, and must comply with any Emergency Management related Florida Statutes applicable to the Provider. The Disaster Plan /COOP must be submitted to the OGG no later Page 17 of 23 than April 1s' of the contract term and is also subject to review and approval of the County in its sole discretion. The Provider will review the Plan annually, revise it as needed, and maintain a written copy on file at the Provider's site. ARTICLE 20. Office of Miami -Dade County Inspector General and the Commission Auditor The Provider understands that it may be subject to an audit, random or otherwise, by the Office of Miami -Dade County Inspector General or an Independent Private Sector Inspector General retained by the Office of the Inspector General, or the County Commission Auditor. Independent Private Sector Inspector General Reviews. The attention of the Provider is hereby directed to the requirements of Miami -Dade County Code Section 2 -1076; in that the Office of the Miami -Dade County Inspector General (IG) shall have the authority and power to review past, present and proposed County programs, accounts, records, contracts and transactions. The IG shall have the power to subpoena witnesses, administer oaths and require the production of records. Upon ten (10) days written notice to the Provider from IG, the Provider shall make all requested records and documents available to the IG for inspection and copying. The IG shall have the power to report and /or recommend to the Board of County Commissioners whether a particular project, program, contract or transaction is or was necessary and, if deemed necessary, whether the method used for implementing the project or program is or was efficient both financially and operationally. Monitoring of an existing project or program may include reporting whether the project is on time, within budget and in conformity with plans, specifications, and applicable law. The IG shall have the power to analyze the need for, and reasonableness of, proposed change orders. The IG may, on a random basis, perform audits on all County contracts throughout the duration of said contract (hereinafter "random audits "). This random audit is separate and distinct from any other audit by the County. To pay for the functions of the Office of the Inspector General, any and all payments to be made to the Provider under this contract will be assessed one quarter (1/4) of one percent of the total amount of the payment, to be deducted from each progress payment as the same becomes due unless this Contract is federally or state funded where federal or state law or regulations preclude such a charge. The Provider shall in stating its agreed prices be mindful of this assessment, which will not be separately identified, calculated or adjusted in the proposed budget form. The IG shall have the power to retain and coordinate the services of an independent private sector inspector general (1PSIG) who may be engaged to perform said random audits, as well as audit, investigate, monitor, oversee, inspect, and review the operations, activities and performance and procurement process including, but not limited to, project design, establishment of bid specifications, bid submittals, activities of the contractor, its officers, agents and employees, lobbyists, County staff and elected officials in order to ensure compliance with contract specifications and detect corruption and fraud. ARTICLE 21. SUBCONTRACTORS and ASSIGNMENTS A. Subcontracts. The parties agree that no assignment or subcontract will be made or let in connection with this Agreement without the prior written approval of the OGC in its sole discretion, which shall not be unreasonably withheld, and that all subcontractors or assignees shall be governed by all of the terms and conditions of this Agreement. Page 18 of 23 M 1 } If the Provider will cause any part of this Agreement to be performed by a Subcontractor, the provisions of this Agreement will apply to such Subcontractor and its officers, agents and employees in all respects as if it and they were employees of the Provider; and the Provider will not be in any manner thereby discharged from its obligations and liabilities hereunder, but will be liable hereunder for all acts and negligence of the Subcontractor, its officers, agents, and employees, as if they were employees of the Provider. The services performed by the Subcontractor will be subject to the provisions hereof as if performed directly by the Provider. 2) The Provider, before making any subcontract for any portion of the services, will state in writing to the County the name of the proposed Subcontractor, the portion of the Services which the Subcontractor is to perform, the place of business of such Subcontractor, and such other information as the County may require. The County will have the right to require the Provider not to award any subcontract to a person, firm, or corporation disapproved by the County in its sole discretion. 3) Before entering into any subcontract hereunder, the Provider will inform the Subcontractor fully and completely of all provisions and requirements of this Agreement relating either directly or indirectly to the Services to be performed. Such Services performed by such Subcontractor will strictly comply with the requirements of this Agreement. 4) In order to qualify as a Subcontractor satisfactory to the County in its sole discretion, in addition to the other requirements herein provided, the Subcontractor must be prepared to prove to the satisfaction of the County that it has the necessary facilities, skill and experience, and ample financial resources to perform the Services in a satisfactory manner. To be considered skilled and experienced, the Subcontractor must show to the satisfaction of the County in its sole discretion that it has satisfactorily performed services of the same general type which is required to be performed under this Agreement. 5} The County shall have the right to withdraw its consent to a subcontract if it appears to the County that the subcontract will delay, prevent, or otherwise impair the performance of the Contractor's obligations under this Agreement. All Subcontractors are required to protect the confidentiality of the County's and County's proprietary and confidential information. Provider shall furnish to the County copies of all subcontracts between Provider and Subcontractors and suppliers hereunder. Within each such subcontract, there shall be a clause for the benefit of the County permitting the County to request completion of performance by the Subcontractor of its obligations under the subcontract, in the event the County finds the Contractor in breach of its obligations, the option to pay the Subcontractor directly for the performance by such subcontractor. Notwithstanding, the foregoing shall neither convey nor imply any obligation or liability on the part of the County to any subcontractor hereunder as more fully described herein. Page 19 of 23 Y B. If this Agreement involves the expenditure of $100,000 or more by the County and the Provider intends to use subcontractors to provide the services listed in the Scope of Service (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment I. Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment I without prior written approval of the County. C. Prompt Payments to Subcontractors. The Provider shall issue prompt payments to subcontractors that are small businesses (annual gross sales of $750,000 or less with its principal place of business in Miami -Dade County) and shall have a dispute resolution procedure in place to address disputed payments. Pursuant to the County's Sherman S. Winn Prompt Payment Ordinance (Ordinance 94 -40), Section 2 -8.1.4 of the Code of Miami -Dade County, Administrative Order No. 3 -19, and the Florida Prompt Payment Act, payments must be .made within thirty (30) days of receipt of a proper invoice. Failure to issue prompt payments to small business subcontractors or adhere to dispute resolution procedures may be grounds for suspension or termination of this Agreement or debarment. ARTICLE 22, LOCAL STATE AND FEDERAL COMPLIANCE REQUIREMENTS Provider agrees to comply, subject to applicable professional standards, with the provisions of any and all applicable Federal, State and the County orders, statutes, ordinances, the rules and regulations which may pertain to the Services required under this Agreement, including but not limited to: a) Miami -Dade County Florida, Department of Business Development Participation Provisions, as applicable to this Agreement. b) Miami -Dade County Code, Chapter 11A, Article 3. All Providers and subcontractors performing work in connection with this Agreement shall provide equal opportunity for employment and services without regard to race, creed, religion, color, sex, familial status, marital status, sexual orientation, pregnancy, age, ancestry, national origin or handicap. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Provider agrees to post in a conspicuous place available for employees and applicants for employment, such notices as may be required by the Dade County Equal Opportunity Board or other authority having jurisdiction over the work setting forth the provisions of the nondiscrimination law. C) "Conflicts of Interest" Section 2 -11 of the Code of Miami -Dade County, and Ordinance 01 -199. d) Miami -Dade County Code Section 10 -38 "Debarment ". e) Miami -Dade County Ordinance 99 -5, codified at 11A -60 et. seq. Code of Miami - Dade County pertaining to complying with the County's Domestic Leave Ordinance. Page 20 of 23 W, f) Miami -Dade County Ordinance 99 -152, prohibiting the presentation, maintenance, or prosecution of false or fraudulent claims against Miami -Dade County. Notwithstanding any other provision of this Agreement, Provider shall not be required pursuant to this Agreement to take any action or abstain from taking any action if such action or abstention would, in the good faith determination of the Contractor, constitute a violation of any law or regulation to which Contractor is subject, including but not limited to laws and regulations requiring that Contractor conduct its operations in a safe and sound manner. ARTICLE 23. MISCELLANEOUS A. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami -Dade County. Further, by the acceptance of these funds, the Provider agrees that events funded by this Agreement shall recognize and adequately reference the County as a funding source. The Provider shall ensure that all publicity, public relations, advertisements and signs recognizes and references the County 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, P romotions, and stationery. The use of the official County logo is permissible for the publicity purposes stated herein. Provider shall submit sample or mock up of such publicity or materials to the County for review and approval. The Provider shall ensure that all media representatives, when inquiring about the activities funded by this contract, are informed that the County is its funding source. B. Governing Law and Venue. This Agreement is made in the State of Florida and shall be governed according to the laws of the State of Florida. Venue for this Agreement shall be Miami -Dade County, Florida. C. Modifications. Any alterations, variations, modifications, extensions, or waivers of provisions of this Agreement including, but not limited to, amount payable and effective term 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. The County and Provider mutually agree that modification of the Scope of Service, schedule of payments, billing and cash payment procedures, set forth herein and other such revisions may be made as a written amendment to this Agreement executed by both the parties. The Mayor or the Mayor's designee is authorized to make modifications to this Agreement as described herein on behalf of the County. The Office of the Inspector General shall have the power to analyze the need for, and the reasonableness of proposed modifications to this Agreement. D. Counterparts. This Agreement is executed in three (3) counterparts, and each counterpart shall constitute an original of this Agreement. E. Headings, Use of Singular and Gender. 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. Page 21 of 23 ramp LW F. Review of this Agreement. Each party hereto represents and warrants that they have consulted with their own attorney concerning and participated in the drafting of each of the terms contained in this Agreement. No inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Agreement. it shall be conclusively presumed that each party participated in the preparation and drafting of this Agreement. G, Totality of Agreement f Severability of Provisions. This Agreement and Attachments, with it recitals on the first page of the Agreement and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Scope of Services Attachment B: Budget Attachment C: Collusion Affidavit Attachment D: Miami -Dade County Affidavits Attachment E: State Public Entities Crime Affidavit Attachment F: Monthly Payment Request Attachment G: Monthly Progress Report Attachment H: Final Year -End Closeout Report Attachment 1: List of Subcontractors and Suppliers (NOTE: Attachment 1 must be completed and included with this Agreement only if the accompanying contract award totals $100,000 or more.) Attachment J: Authorized Signature Form Attachment K: Service Authorization Agreement 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, If any provision of this Agreement is held invalid or void, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law and ordinance. SIGNATURES APPEAR ON THE FOLLOWING PAGE Page 22 of 23 X-3 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the contract date herein above set forth. CITY OF SOUTH MIAMI By: Name: Title: Date: i Attest: Authorized Person OR Notary Public Print Name: Title: Corporate Seal OR Notary Seal /Stamp: MIAMI -DADE COUNTY By: Name: Jennifer Glazer -Moon Title: Spec Asst/Director OSBM Date: Attest: HARVEY RUVIN, Clerk Board of County Commissioners By: Print Name: Page 23 of 23 ATTACHMENT A MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION CONTRACTS AND GRANT MANAGEMENT SCOPE OF SERVICE NARRATIVE (Complete a separate form for every allocation identified in your organization's award letter) SECTION 1: GENERAL INFORMATION Name of Organization: City of South Miami Address: 6130 Sunset Drive South Miami FL 33143 Program Contact Person: Cesar Garcia Phone Number: 305 -668 -7231 Fax Number: 305 -668 -7388 E -mail Address: _cgarcia(apcitxofsouthmiami net Fiscal Contact Person: Ana Larzabal Phone Number: 305- 669 -0712 Fax Number: 305 -667 -1758 E -mail Address: alarzabal@cityofsouthmiami.net Contract Amount: $18.400.00 Contract Period: October 1 2009.— September 30 2010 SECTION II: PROGRAM NARRATIVE Descriptive Program Name: South Miami Senior Meals Describe the program and services and how program funding will be used: Through our Parks SECTION Ill: PROFILE OF SERVICES Annual workload measures (for each type of service to be provided including the number of clients to be served in the program) [i.e., 3 hours of after school care for twenty -five (25) children ages 5 — 10, one home delivered meal for 50 seniors every day (18,250 meals)]: ATTACHMENT A Unit Cost (Define the unit(s) of service and detail the unit cost(s) for the service): Location of Service Site(s) and Hours of Service at each Site: (List all sites including the physical street address with zip codes and the hours of operation for each site): SECTION IV: STATEMENT OF OBJECTIVES: (Define measurable and specific program objectives. Please quantify and note timeframe for completion of each objective [i.e.,75% of children attending after school tutoring program will increase their reading, score by a full letter grade as measured by pre and post - testing during the contract year]). SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: SECTION VI: PERSONNEL I understand that while this information represents a performance projection, I must receive approval from Miami -Dade Office of Grants Coordination prior to any operational or performance variations. Grants Writer & Admin. Signature and Title of Person Completing Form 2of3 Carol Aubrun Grants Writer & Admin Print Name and Title City of South Miami Senior Weekend Meals Program with Miami -Dade County October 1, 2009 — September 30, 2010 DIRECT COSTS Other Direct Costs (Food E518,402_,001', This line item will cover the Weekend Senior Meals for up to 60 seniors in the South Miami Senior Center. Each senior will receive two (2) meals each weekend delivered to their door step. 60 seniors x 2 meals per weekend = 120 meals. 120 meals X 43 weeks = 5,160 meals x 3.50 = $18,060. Additionally we will deliver 2 pre- packaged meals to 48 seniors during the 40 week which equals $336. TOTAL AWARD: $1$ 400.00 Page 1 of 1 Ski O {1: a � N (p N O t0 z w a Q 0 0 0 0 0 0 0 9 W19- O O w ° La y O a m mvr 0. 0 _ N N N O d a Y C m .! E � _ p m O W do p � o k. W p O O 1OV I O p LL a O n r n h n h w C Y E � r p V- a fp O _N � U c a m a > ^y > d m a 9 LL W v Y m a LL y u a w N d 6 O O O ~ C = LL 4 � y+, o = O o o 0 00 °o, 0 m o0 w a ~ p 6 v .iv'3NiZ• � R d � Y 1 a A Y•"'e .; Y yi {j i] s = N R R l0 'C '� '•" d "•'• Y�k.R N % G l d Y�6SroNaN .Z a C •` d CC O c 'M1•�sk�' i :2 ; m m md- � c .° m a m a 3�`ny s n � li�V��'nT • *"k 10- id' id- - E 17 N d O Q ` 0 0V C v` 1—w0 LL C d h'�: EISk ia. N a+i V tq fP ATTACHMENT A MIAMI -DADE COUNTY OFFICE OF GRANTS COORDINATION CONTRACTS AND GRANT MANAGEMENT SCOPE OF SERVICE NARRATIVE (Complete a separate form for every allocation identified in your organization's award letter) SECTION I: GENERAL INFORMATION Name of Organization: City of South Miami Address: 6130 Sunset Drive South Miami FL 33143 Program Contact Person: Cesar Garcia Phone Number: 305 - 668 -7231 Fax Number: 305- 668 -7388 E -mail Address: Cgarcia(a)cityofsouthmiami.net Fiscal Contact Person: Worrell Troup Phone Number: 305 - 668 -7232 Fax Number: 305 - 668 -7388 E -mail Address: Wtroup(opcitvofsouthmiami net Contract Amount: $26,775.00 Contract Period: October 1 2009 –September 30, 2010 SECTION II: PROGRAM NARRATIVE Descriptive Program Name: The After School House (Tutoring) — Describe the program goals: Describe the program and services and how program funding will be used: SECTION III: PROFILE OF SERVICES Annual workload measures (for each type of service to be provided including the number of clients to be served in the program) (i.e., 3 hours of after school care for twenty -five (25) children ages 5 – 10, one home delivered meal for 50 seniors every day (18,250 meals)]: ATTACHMENT A Unit Cost (Define the unit(s) of service and detail the unit cost(s) for the service): Location of Service Site(s) and Hours of Service at each Site: (List all sites including the physical street address with zip codes and the hours of operation for each site): school such as teachers worK ass etc. SECTION IV: STATEMENT OF OBJECTIVES: (Define measurable and specific program objectives. Please quantify and note timeframe for completion of each objective (i.e.,75% of children attending after school tutoring program will increase their reading score by a full letter grade as measured by pre and post - testing during the contract year]). SECTION V: ORGANIZATIONAL SUPPORT ACTIVITIES Describe how your organization will do outreach and public awareness of program activities: th, Pmaii and webaaae SECTION VI: PERSONNEL I understand that while this information represents a performance projection, I must receive approval from Miami -Dade Office of Grants Coordination prior to any operational or performance variations. Grants Writer & Admin. Carol Aubrun Grants Writer & Admin Signature and Title of Person Completing Form Print Name and Title 2of3 City of South Miami After School House Program with Miami -Dade County October 1, 2009 — September 30, 2010 DIRECT COSTS . Personnel: Salaries Teachers /Instructors ($26,775): These line items represent the salaries of three (3) part -time teachers /instructors. These teachers /instructors will dedicate 100% of their time to students enrolled in the After School House Program. These teachers /instructors will provide tutoring and homework assistance for children participating in the program. Grant funds are being charged between 25% and 45% of these positions' salaries. TOTAL AWARD: 526x775.00 Page 1 of 1 }Y4 O � N 't✓ M nai n w rn 'c o N Q m 2 �L v k d 0 Q � N 'O UO F w o i U h a y E'a N N N w C d ...1 V Q � d H a rn N U) N O c W ¢ L Q N N N d d � LL N U rn d c U d d K a A 9 T q � m v o 4 W d O v W O ° O c 9 � ~ = % W Q t G O Q a ° � O 3 m A m h � F O All K N G y�� N N y O C uN 9 ii (Oj V �. d y0 •G O C O C O C O O 'C NU N O. �' � 9 V p d '�`' a d LL 6. IL ��1�' '{.' O ui •6 n F N IU U O O O Q N .,;,:,�, tJ mi ATTACHMENT C :1 COLLUSION AFFIDAVIT (Code of Miami -Dade County Section 2 -8.1.1 and 10 -33.1) (Ordinance No. 08 -113) BEFORE ME, A NOTARY PUBLIC, personally appeared who being duly sworn states: (insert name of affiant) I am over 18 years of age, have personal knowledge of the facts stated in this affidavit and I am an owner, officer, director, principal shareholder and/or I am otherwise authorized to bind the bidder of this contract. l .state that the bidder of this contract: ❑ is not related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not, directly or Indirectly, Induced or solicited any other proposer to put in a sham proposal, or any other person, firm, or corporation to refrain from proposing, and that the proposer has not in any manner sought by collusion to secure to the proposer an advantage over any other proposer. OR El is related to the following parties who bid in the solicitation which are Identified and listed below: Note: Any person or entity that fails to submit this executed affidavit shall be ineligible for contract award. In the event a recommended contractor identifies related parties in the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be Ineligible for award unless that presumption Is rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bids or proposals. Related parties shall mean bidders or proposers or the principals, corporate officers, and managers thereof which have a direct or indirect ownership interest in another bidder or proposer for the same agreement or in which a parent company or the principals thereof of one (1) bidder or proposer have a direct or indirect ownership Interest in another bidder or proposer for the same agreement. Bids or proposals found to be collusive shall be rejected. By: 20 Signature of Affiant Date _l^ Printed Name of Affiant and Title Federal Employer Identification Number Name of Firm Address SUBSCRIBED AND SWORN To (or affirmed) before me this day of , 20_ He /She is personally known to me or has presented as identification. Type of identification Signature of Notary Print or Stamp Name of Notary Notary Public — State of Serial Number Expiration Date Notary Seal Miami -Dade County MiA�MIDADE VENDOR AFFIDAVITS FORM (Uniform County Affidavits) Department of Procurement Management Vendor Assistance Unit 117, NW In Street, Suite 1300, Miami, Florida 33128 -1974 Telephone: 305- 375 -5773 Fax No: 305- 375 -5409 www miamidade aoV /dam Complete the Vendor Affidavits Form to update affidavits Previously submitted with the Vendor Registration Package. It is the vendor's responsibility, to keep all affidavit information current complete and accurate, by submitting any modifications to the Department of Procurement Management, Vendor Assistance Unit, ATTACIRv= D FEDERAL EMPLOYER ZDENTZFICATION NUMBER (FERN) in order to establish a file for your firm, you must enter your firm's FEIN or if none, the owners Social Security Number. This number becomes your "County Vendor Number ". Please enter your Federal Employee Identification Number (FEIN) or your Social Security Number (SSN). ❑ F.E.I.N. ❑ S.S.N. Name of Entity, Individual (s), Partners, or Corporation Business As (If same as above, Street Address (Post Office addresses are not acceptable) t. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the Miami -Dade County Code) a. Firms registered to do business with Miami-Dade County must fully disclose their legal name, physical address and ownership. Publicly traded Corporations are exempt from this requirement, but must indicate by letter that it is a Publicly Traded Corporation and include the name of the stock exchange market and symbol where registered. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5 %) or more of the corporation's stock. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. (Post Office addresses are not acceptable). (Duplicate page if needed for additional names), If no officer, director or stockholder owns (5 %) or more of stock, please write "None" below. % of FULL LEGAL NAME TLTLE ADDRESS OWNERSHIP Is. Provide the full legal names and business addresses of any other individuals (other than subcontractors, material men, suppliers, laborers, or lenders) that have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Miami Dade County (Post Office addresses are not acceptable). If "None ", please indicate in space below: OF FULL LEGAL NAME THE ADDRESS OWNERSHIP 4/23/2006 2. MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90 -1 33, amending Section 2.8- 1(d)(2) of the Miami -Dade County Code) The following information is for compliance with all Items In the aforementioned Section: L Does your firm have a miketive bargaining agreement with Its employees? Yex No 2. Does your firm provide paid health care benefits for its employees? Yes No 3. Provide a current breakdown (nvmber of persons) of your firm's work force and ownership as to race, national origin and gender: White Black Hispanic Other Males Mates Moles Males Females Females Females Females My huflals «knowledge that 1 have read the dorsmebtioned requirements and the entity is in compliance. 3. MiAMi -DADE COUNTY EMPLOYMENT DRUG -FREE WORKPLACE CERTIFICATION (Section 2.8.1.2(b) of the Miami- Dade County Code) All persons and entities that contract with Miami -Dade County are required to certify that they will maintain a drug -free workplace and such persons and entities are required to provide notice to employees and to impose sanctions for drug violations occurring in the workplace. In compliance with Ordinance No. 92.15 of the Code of Miami -Dade County, the above named firm is providing a drug -free workplace. A written statement to each employee shall inform the employee about: 1. Danger of drug abuse In the workplace 2. The firms' policy of maintaining a drug -free environment at all workplaces 3. Availability of drug counseling, rehabilitation and employee assistance programs 4. Penalties that may be imposed upon employees for drug abuse violations The firm shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms of the drug - free workplace policy and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Firms may also comply with the County's Drug Free Workplace Certification where a person or entity is required to have a drug -free workplace policy by another local, state or federal agency, or maintains such a policy of its own accord and such policy meets the intent of this ordinance. My iniffals acknowledge that 1 have read the aforementioned requlremenls and the entity is in compfiance. 4. MIAMI -DADE COUNTY DISABILITY AND NONDISCRIMINATION AFFIDAVIT (Article 1, Section 2 -8.1.5 Resolution R182 -00 Amending R- 385 -95 of the Miami-Dade County Code) Firms transacting business with Miami -Dade County shall provide an affidavit indicating compliance with all requirements of the Americans with Disabilities Act (AD.A,). 1, state that this firm, is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor shall comply with all applicable requirements of the laws including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The American with Disabilities Ad of 1990 (ADA), Pub. L 101.336, 104 $tat 327, 42 U.S.C. Sections 225 and 611 including Titles 1, It, III, IV and V, The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended, 49 U.S.C. Section 7 612 The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631 7 hereby affirm fhaf I am in compliance wifh the bet w sections Section 2- 10.4(4)(x) of the Code of Miami -Dade County (Ordinance No. 82 -37), which requires that all properly licensed architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with Miami -bade County. Section 2 -8.1.5 of the Code of Miami -Dade County, which requires that firms that have annual gross revenues in excess of five (5) million dollars have an affirmative action plan and procurement policy on file with Miami -Dade County. Firms that have a Board of Directors that are representative of the population make -up of the nation may be exempt. My talgab acknowledge find 1 have read the aforemenfioned requirements and the entity is in eamPtiance 4/23/2008 5. MIAMi -DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Section 10.38 of the Miami -Dade County Code) Firms wishing to do business with Miami -Dade County must certify that Its contractors, subcontractors, officers, principals, stockholders, or affiliates are not debarred by the County before submitting a bid. 1, confirm that none of this firms agents, officers, principals, stockholders, subcontractors or their affiliates are debarred by Miami -Dade County. My7nit(a7s acknowledge that 16we read the aforementioned roquirements and Iha en9ty it 7n compliance. 6. MIAMI -DADE COUNTY VENDOR OBLIGATION TO COUNTY AFFIDAVIT (Section 2 -8.1 of the Miami -Dade County Code) Firms wishing to transact business with Miami -Dade County most certify that all delinquent and currently due fees, taxes and parking tickets have been paid and no individual or entity in arrears in any payment under a contract, promissory note or other document with the County shall be allowed to receive any new business. I, confirm that ail delinquent and currently due fees or taxes including, but not limited to, real and personal property taxes, convention and tourist development taxes, utility taxes, and Local Business Tax Receipt collected in the normal course by the Miaml -Dade County Tax Collector and County Issued parking tickets for vehicles registered in the name of the above firm, have been paid. I further affirm that this firm complies with Section 2 -8.1, which requires that no individual or entity that is in arrears in any payment under a contract, promissory note or other document with the County shall be allowed to receive any new business. My Witais acknowledge that I have read tho aioremen e goned mcIoiremnB and the entity k In cemp6a rca. MIAMi -DADE COUNTY CODE OF BUSINESS ETMCS AFFIDAVIT (Article 7, Section 2-8.1 (1) and 271(b)(1) of the Miami -Dude County Code through (6) and (9) of the County Code and County Ordinance No 00 -7 amending Section 2-11.7 (c) of the County Code) Firms wishing to transact business with Miami -Dade County must certify that it has adopted a Code that compiles with the requirements of Section 2.8.1 of the County Code, The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum; require the contractor to comply with all applicable governmental rules and regulations. I confirm that this firm has adopted a Code of business ethics which complies with the requirements of Sections 2 -8.1 of the County Code, and that such code of business ethics shall apply to all business that this firm does with the County and shall, at a minimum, require the contractor to comply with all applicable governmental rules and regulations. 0 My 7nir'rais acknowledge that I have read the alommentioned requiremeao and the entity is in compliance 8, MIAMI -DADE COUNTY FAMILY LEAVE AFFIDAVIT (Article V of Chapter 11, of the Miami -Dade County Code) Firms contracting business with Miami -Dade County, which have more than fifty (50) employees for each working day during each of twenty, (20) or more work weeks in the current or preceding calendar year, are required to certify that they provide family leave to their employees. Firms with less than the number of employees indicated above are exempt from this requirement, but must indicate by letter (signed by an authorized agent) that it does not have the minimum number of employees required by the County Code, I confirm that if applicable, this firm complies with Article V of Chapter 11 of the County Code, which requires that firms contracting business with Mlomi -Dade County which have more than fifty (50) employees for each working day during each of twenty (20) or more work weeks in the current or preceding calendar year are required to certify that they provide family leave to their employees, My inilin7s acknowledge (fiat 1 have read the aforamantioaed rogairements and the enAy is itt mmplianca. 9. MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT (Section 2 -8.9 of the Miami -Dade County Code) Alf applicable contractors entering into a contract with the County shall agree to pay the prevailing living wage required by this section of the County Code. 1 confirm that if applicable, this firm complies with Section 2 -8.9 of the County Code, which requires that all applicable employers entering a contract with Miami -Dade County shall pay the prevailing living wage required by the section of the County Code. My 1b717ois acknowledge that 1 have read the oforcmerdioned I- erviremenk nad the entity is in compliance, a 4/23/2oo8 io. MIAMI -DADE COUNTY DOMESTIC LEAVE AND REPORTING AFFIDAVIT (Article 8, Section I IA-60- 1 1 A -67 of the Miami -Dade County Code) Firms wishing to transact business with Miami -Dade County must certify that it is in compliance with the Domestic Leave Ordinance. I confirm that if applicable, this firm complies with the Domestic Leave Ordinance. This ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami -Dade County for each working day during the current or preceding calendar year. El My initia& acknowledge that 1 have read the aforemenfionnd requirements and the edify is in <omPiiance. ftamaO 1, being duty sworn, do attest under penalty of perjury that the entity is in compliance with all requirements outlined in the Miami -Dade County Vendor Affidavits 1 — 10, pages 5 through 8 of this Vendor Registration Package. I also attest that I will comply with and keep current all statements sworn to in the above affidavits and registration application. I will notify the Miami -Dade County, Vendor Assistance Unit, immediately if any of the statements attested hereto are no longer valid. (Signature of Afflant) Printed Name of Afflant vnd Title NOTARY PUBLIC INFORMATION Notary Public — State of. SUBSCRIBED AND SWORN To for affirmed) before me this day of by Type of Identification Produced Signature of Notary Public Print or Stamp of Notary A/23/2008 20 He or she is personally known to me ❑ Or has produced idenfificafion ❑ (Serial Number) Expiration Dak Notary Public Seal ATTACHMENT E SWORN STATEMENT PURSUANT TO SECTION 287.933 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS This sworn statement is submitted to by (Print individuaPs name and title) for (Print Name of entity submitting sworn statement} whose business address is and if applicable its Federal Employer Identification Number (FEIN) is If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. 1 understand that a "public entity crime" as defined in paragraph 287.133 (1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misinterpretation. 3. 1 understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: A. A predecessor or successor of a person convicted of a public entity crime; or B. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active In the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a 1 of 2 person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. 1 understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States within the legal power to enter into a binding contact and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity.crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. 1 ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT' IN EXCESS OF THE THRESHOLD AMOUNT, PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this day of 20 . Personally known OR Produced Identification (Signature) Notary Public - State of My commission expires (Type of Identification) (Printed typed or stamped commissioned name of notary public) 2of2 MIAMI -DADS COUNTY (Attachment F) OFFICE OF GRANTS COORDINATION COST -BASED CONTRACT MONTHLY SUMMARY OF EXPENDITURES REPORT M`Mr ADF. Agency Name: Approved Budget Amount Allocation Amount: ;, 4j;y,0'C�iG.Use.OglY,; ^'��^.", (Dq poCwrite in this column):; .,,�:,..�,_.x...t_,,,..:.�. ��';::..:•: Agency Address: Contract Number: 1. Position Agreement Period: 10/1/2009 - 9/30/2010 Contact Person: Telephone: Ordinance Number: Program Name: Today's Date: 1 111 9/2 00 9 Actual operating expenses covering the Month of: outlined in Column If below: roved Bud of Ctn'e'Ifems '. • • App , g : ' �' DIRECTCOSTS:•+ . ..:.::......, �;.,::.. :- :•;..:'..,;....:•< =it.:.,;. ::..� Approved Budget Amount Monthly Expenses ;, 4j;y,0'C�iG.Use.OglY,; ^'��^.", (Dq poCwrite in this column):; .,,�:,..�,_.x...t_,,,..:.�. ��';::..:•: Personnel 1. Position Fringes 2. Position Fringes 3. Position Fringes 4. Position Fringes 5. Position Fringes 6. Position Fringes Other Direct Costs (describe in narrative Other Direct Costs Kdescribe in narrative Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs (describe In narrative Other Direct Costs describe in narrative Other Direct Costs (describe in narrative) INDIRECT COSTS: Personnel 1. Position Fringes 2. Position Fringes Indirect Costs describe in narrative Indirect Costs describe in narrative) Indirect Costs (describe in narrative Indirect Costs (describe in narrative) TOTALS: $ $ To avoid delays in payment, provide complete back -up documentation for all expenses listed In Column and provide appropriate authorization on the signature page (Rage 2, over) OGC 029 (rev. 11176/09) Page 1 of 2 AUTHORIZATION I hereby certify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above, and that no expenses for which reimbursement is requested has been or will be reimbursed by any other funding sources. Executive Director/ Agency Designee Print Name Print Title County /Department Use Only C.O. NOTE: FISCAL PREPARED BY: DATE: FISCAL APPROVED BY: DATE: VOUCHE INVOR VENDC INDEX Ct SUB -08J AMOUNTTO OGC 029 (rev. 11116109) Page 2 of 2 Executive Director f Agency Designee Signature November 19, 2009 Date in FI 3 3 z S & r C O a 3 Iz ig 'fF ig N CR PL .lR 0, 00 ,d O-C -;u Z d.t�; "Z Zg O CJ A, A 0 o IN m ut AZ" m -W q IM U-1 r is ;411 AMA f., ON YY t�- M O O 'MIAMI -DADE COUNTY_ {Attactment H }, '_:.OFFICE OF GRANTS COORDiNAT10N;,. MIAMIDAD- : }' ['SCAC YEAR ;2009 -10 GLOSFOUT REPORT "r:ON -E TENt BUDGET REFLECTINOACTUAL EXPENDITURES, '.'... : <: �:., ;, ,•�; ; .;; ,;;:;• .�;: ;''� Approved Budget Line Items DIRECT COSTS'' Approved Budget Amount Allocation Aniounb < Ctosebut IFina'I:Arrfogn'I,,. ";OGG'Us$ Otii`y .: ,(Do not write In Ihls_column); Personnel Agency'Addiess: Contract Number. ; 'Agi'eetnent'Perioda.,}; 1011/2009. 9/302010 dontact Person: Telephone: Ordinance Number: 3. Position Date:. 11/19/2009 Pro gram•Namei)_,.,y. : <: �:., ;, ,•�; ; .;; ,;;:;• .�;: ;''� Approved Budget Line Items DIRECT COSTS'' Approved Budget Amount Actual expenses from Oct. 1, 2009 through;'••,, Sept. 30, 2010 < Ctosebut IFina'I:Arrfogn'I,,. ";OGG'Us$ Otii`y .: ,(Do not write In Ihls_column); Personnel 1. Position Fringes 2. Position Frin es 3. Position Frin as 4. Position Fringes 5, Position Frin as 6. Position Frin as Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs describe in narrative Other Direct Costs describe in narrative) Other Direct Costs describe in narrative Other Direct Costs (describe in narrative Other Direct Costs describe in narrative Other Direct Costs (describe in narrative) INDIRECT;;COSTS: " "' : "' '•` "' •t: ' "''" Personnel 1. Position Fringes 2. Position Fringes Indirect Costs describe in narrative Indirect Costs describe in narrative Indirect Costs describe in narrative Indirect Costs (describe in narrative) TOTALS: $ 1 $ I hereby certify that this expense report submitted by the undersigned constitutes approved budget expenses during the period listed above, and that no expenses for which reimbursement Is requested has been or will be reimbursed by other funding sources. Executive Director I Agency Designee Print Name Executive Director / Agency Designee Signature OGC 027 (rev. 11116109) Page 1 of 2 Pr{nt Title 11/1912009 Date County /Department Use Only CONTRACTS & GRANTS MANAGEMENT UNIT SECTION C.O. AL❑ BGQ EHQ SS❑ OTHER❑ AF Q CpQ MLQ TBQ OTHER❑ ANQ DD❑ NRQ YMQ OTHER❑ BSQ DGQ SJ❑ OTHER❑ OTHERQ c.o. NOTE: . L FISCAL UNIT SECTION PREPARED BY: DATE: APPROVED BY: DATE: AM( OGC 027 (rev. 1IM /09) Page 2 at 2 ATTACHMENT PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97 -104) Name of Organization: Address: REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Community Based Organization must submit the list of first their subcontractors or sub - consultants who will perform any part of the Scope of Services Work, if this Agreement is for $100,000 or more. The Community Based Organization must complete this information. If the Community Based Organization will not utilize subcontractors, then the Community Based Organization must state "No subcontractors will be used "; do not state "N /A ". NAME OF SUBCONTRACTOR OR SUB - CONSULTANT ADDRESS CITY AND STATE REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami -Dade County Ordinance 97 -104, the Community Based Organization must submit a list of suppliers who will supply materials for the Scope of Services to the Community Based Organization, if this Contract Agreement is $100,000 or more. The Community Based Organization must fill out this information. If the Community Based Organization will not use suppliers, the Community Based Organization must state "No suppliers will be used ", do not state "N /A ". NAME OF SUPPLIER ADDRESS CITY AND STATE I hereby certify that the foregoing information is true, correct and complete: Signature of Authorized Representative: _ Title: Firm Name: Address: Fed. ID No. City / State2ip: Telephone: ( 1 Fax: ( ) F -mail: Page 1 of 1 (USE SERVICE PROVIDER'S LETTERHEAD) (Attachment l) AUTHORIZED SIGNATURE FORM DATE: This form certifies the names, titles and signatures of individuals authorized by the Provider to sign contracts, checks, budget revisions, payment requests, and other requests that may be requested by the Office of Grants Coordination (OGC) for disbursement of funds. Attached hereto and incorporated herein is a certified copy of a duly authorized and executed resolution passed by the Provider's Board that provides for this authorization. These signature authorizations are retained by the Office of Grants Coordination for auditing purposes. Should the Provider desire to change the information on this document, a certified and authorized and executed Resolution describing the desired changes should be submitted to the OGC. NAME (please type) TITLE (please t Pe) SIGNATURE I. Prime Contracts and Subcontracts II. Checks (List amount limits) RESOLUTION NO. 215-09-13024 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF' SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AGREEMENT WITH THE MIAMI -DADS COUNTY OFFICE OF GRANT COORDINATION FOR A GRANT IN THE TOTAL AMOUNT OF $45,175.00 FOR THE PROVISION OF WEEKEND MEALS FOR SOUTH MIAMI SENIOR RESIDENTS AND FOR TUTORING SERVICES FOR THE CHILDREN OF OUR AFTER- SCHOOL PROGRAM; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of South Miami Parks and Recreation Department provides a variety of recreational and social activities for its seniors and youth residents through the South Miami Senior Center and Gibson - Bethel Community Center; and WHEREAS, the Parks and Recreation Department is desirous of continuing to provide additional meals for its senior residents on the weekends; and WHEREAS, the Parks and Recreation Department is desirous of continuing to provide tutoring services to the children of the After - School House Program; and WHEREAS, Miami -Dade County is desirous of assisting the City of South Miami in continuing to provide both of these services; and WHEREAS, the City of South Miami has again has been awarded the grant for seniors to receive weekend meals and children to continue to receive tutoring services during the week for the 2009 -2010 fiscal year through Miami -Dade County Office of Grant Coordination. NOW, THEREFORE, BE IT RESOLVED/ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section A. That the City Manager is authorized to execute a contract with the Miami -Dade County. Office of Grant Coordination in an amount not to exceed $45,175 for the provision of weekend meals for senior residents and tutoring services for the children of the After School House Program during the 2009 -2010 fiscal year. Section Z. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this 8th day of December 2009. ATTEST: APPROVED: Y CLERK�� M OR READ PROVED AS FORM: COMMISSION OTE: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea CITY ATTORNEY Comrissioner Newman: Yea Commissioner Sellars: Yea