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Res No 015-10-13049RESOLUTION NO.: 15 -10 -13049 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 DEPARTMENT OF CULTURAL AFFAIRS IN THE AMOUNT OF $1,500.00 FOR DR. MARTIN LUTHER KING, JR. (MLK) PARADE PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County's Department of Cultural Affairs has awarded a grant to the City of South Miami for the Dr. Martin Luther King, Jr. Parade in the amount of $1,500.00; and WHEREAS, the Mayor and City Commission wish to accept the grant with Miami -Dade County's Department of Cultural Affairs for the Dr. Martin Luther King, Jr. Parade in the amount of $1,500.00; and WHEREAS, the grant agreement will allow the City to expand its Dr. Martin Luther King, Jr. Parade event; and WHEREAS, the Acting City Manager is authorized to execute the grant agreement with Miami -Dade County's Department of Cultural Affairs in the amount of $1,500.00 for the Dr. Martin Luther King, Jr. Parade. 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 Department of Cultural Affairs for $1,500.00 for the Dr. Martin Luther King, Jr. Parade. Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 14th day of Januar , 2010. A7ST: CITY CLERK READ�"N APPROVED AS TO FORM: • • COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea South Miami NI-NmeftaCHY CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commis Via: Roger M. rarlton, Acting City Manager - U From: Carol un, Grants Writer /Administrator{ Date: January 14, 2010 Agenda Item No.: Subject: City of South Miami's grant with Miami -Dade County Department of Cultural Affairs for the Dr. Martin Luther King, Jr. Parade. Request: 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 DEPARTMENT OF CULTURAL AFFAIRS IN THE AMOUNT OF $1,500.00 FOR DR. MARTIN LUTHER KING, JR. (MLK) PARADE PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE DATE. Request: To authorize the Acting City Manager to execute a grant agreement with Miami - Dade County's Department of Cultural Affairs for the Dr. Martin.Luther King, Jr. (MLK) Parade. Reason/Need: The City of South Miami applied for and has been awarded funds for its 2010 Dr. Martin Luther King, Jr. (MLK) Parade from Miami -Dade County's Department of Cultural Affairs as part of its Community Grants Program. The event will take place in February 2010. There is a 1:1 required match that will come from the City's special events appropriation. Cost: $1,500.00 from the Special Events' Appropriation Funding Source: Miami -Dade County's Department of Cultural Affairs Backup Documentation: ❑ Proposed Resolution ❑ Proposed Contract ❑ Previous Resolution and Contract Page I of 4 Aubrun, Carol From: Pezoldt, Dana (CUA)[DANAP @miamidade.gov] Sent: Monday, December 14, 2009 2:40 PM To: Aubrun, Carol Cc: Carlton, Roger Subject: 20tr Grant Award Package and Instructions in body of email Importance: High Dear Grantees, Here are your grant award and instruction information below and attached are the documents original to your organization. They are due by December 28th at 4pm but you are welcomed and encouraged to turn them in sooner allowing us to check and correct them as quickly as possible. We realize due to the holiday season; this may be a difficult deadline for you ail. We are trying to give both you and us adequate time to get them correct before we begin reading 3rd Quarter grants in January. For your convenience, you can mail them or drop them off to the front desk and place them in the box marked 2nd Quarter Community Grant Contracts. Happy Holidays to you all and call or email if you have any problems, �ncl Grant Award Package and Instructions Outlined below are the general guidelines and instructions for completing and submitting the Miami -Dade Cultural Affairs grant award package. The items needed to submit your contract documents for grant payment will either be sent to you by your program administrator or are available for download from the Department of Cultural Affairs website, as specified below. If you have any questions or need assistance please contact me directly (305 - 375 -2961) or clanapja miamidade.gov or Roseline Duberceau- Baptiste call (305) 375 -4634 or email 024 mlamidade.gov . Your completed contract package should be assembled as follows (PLEASE DO NOT STAPLE DOCUMENTS): CHECKLIST ITEM — DOCUMENTS COPIES TOTALS CONTAINING ORIGINAL SIGNATURES lLl Grant Award Agreements (Article I -Signature Page) 5 - General Terms and Conditions 5 5 for Grants (Articles il, Ill, IV and V 12/15/2009 Page 2 of 4 Q Restatement of Project Budaet 4 5 Q Universal Affidavit q 4 5 Q Organizational Board List 5 5 Q IRS W -9 Form 1 1 2 Q Bank Account Disclosure Form T This award package contains the following items: 5 originals, Grant Award Agreement— Article 1(1 page, single sided) Obtain from your program administrator and attached to this email General Terms and Conditions for Grants dated April 2008 (Articles 0,111, IV and L9 (6 pages, may be double sided) Download document at tt : / / /www.miamidadearts org /org_ resources aspx ) Restatement of Project Budget (3 pages, single sided) Download document at http: w rniamidadead org /orp resources aspx ) Universal Affidavit (4 pages, maybe double sided) Download document at MW'/—/w—w—w—.M—iamidadearts.org/or resources aspx ) IRS Form W -9 (4 pages, may be double sided — only submit page 1 of form) Download document at bffa.'/—Iw—w—w.—M—ia—mldadeartg.org/o—rg resources as x ) Bank Account, Disclosure Form (1 page, single sided) Download document at htto: / /www.miamidadearts orglorq_resources aspx ) Logo and Credit Compliance Requirements (1 page, single sided) Download document at http: / /www.miamidadearts.arg /org resources aspx ) Universal Final Report Form (6 pages, single sided) Download document at hifp: / /www.miamidadearts org /orq_resources aspx ) Guidelines for Completing the Universal Final Report Form (4 pages) Download document at t�www.miamidadearts orgI resourceses espx } Grant Award Anreement •Contract package Instructions 12/15/2009 Page 3 of In order to accept this grant award, you must: 1. Sign and affix your corporate seal to eacn or the nve 15 ongfnais or the grant wwara Agreement —,Article, I under the section labeled "Grantee." If the corporate seal is unavailable, an official copy of the organization's Articles of Incorporation must be included with each copy of the Agreement. Two (2) original signatures from authorized representatives of the organization are required on each of the five (5) copies. 2. General Terms and Conditions for Grants Articles It Ili. IV and V) dated April 2008. This document outlines the conditions governing your grant contract with Miami -Dade County. Please make sure that you understand all sections. Cali me at 305 - 375 -5024 with any questions you might have. 3. Complete the Restatement of Project Budget form. The restatement should correspond to your original /approved application project budget (you may obtain a copy from your program administrator), but it should reflect the exact grant amount recommended and any reduced or new revenues. There is a section to specifically note any changes to the Project Narrative as it was originally submitted in your application. This form will be attached to your Agreement as the binding budget figures governing the Agreement. Please note, this form requires an original signature. 'Please Note: Once your contract is executed you will not be able to alter the categories or the amounts of grant award expenditures without the advance written permission of the Department Director (see Article 11.4 and Article 11.6). This means that when you prepare your final report for this grant, the Grant Award Budget on your report MUST BE IDENTICAL to the Gtant Award Budget on your contract. 4. Complete the Universal Affidavit. W -9 and Bank Account Disclosure forms. Each section of the Universal Affidavit must be read and initiated indicating compliance with the related policy. For sections that you do not believe are applicable to your organization, please indicate this by placing "N /A" in the blank and your initials next to the "N /A." The Universal Affidavit is the only attachment to the.Agreement requiring a notarized signature. S. Include a complete current list of your Board of Directors. Board members who are County employees must be identified as such and a written statement attached indicating the extent of involvement with the organization. C.i RETURN COMPLETED PACKAGE TO: Dana Pezoldt Community Grants Program Administrator Miami -Dade County Department of Cultural Affairs 111 NW 1 at Street, Suite 625 12/15/2009 Page 4 of 4 Miami, Florida 33128 Please also note, all grantees are required to complete a final report form at the conclusion of your project as outlined in Article 11.6 of your grant agreement. You may download a copy of the Universal Final Report Form from the Department website at www.miamidadearts, ore (click on Grants / Organizations /Grantee Resources /Final Report Forms —Universal Final Report Form). You may also download insiructionsfor completing the Universal Final Reportform fawn the Department wcbsite (click on Grants /Organizations /Grantee Resources /Final Report Forms —Universal Final Report Form Guidelines) Dana Pezoldt, Projects Administrator Miami -Dade County Department of Cultural Affairs 111 N.W. First Street, Suite 625, Miami, FL 33128 305 - 375 -2161 Phone 305 - 375 -3068 Fax danap@m�ov www.miamidadearts Wm mfam dade.aov 'Delivering Excellence Everyday" Miami -Dade County is a public endly subject to Chapter 919 of the Florida Statutes concerning publ/e records, E -mail messages are covered under such laws and thus subject to disclosure, 12/15/2009 December 11, 2009 ORGANIZATION: City of South Miami - Parks and Recreation (FEW 59- 6000431) 6130 Sunset Drive South Miami, FL 33143 CONTACT NAME: Roger Carlton GRANT AWARD: FY 2009 -2010 Community Grants Program AWARD: $1,500 Dear Mc Carlton: Cultural Affairs 111 NW 1st Street - Suite 625 Miami, FL 33128 -1994 T 305 - 375.4634 F 305 - 375 -3068 miamidadearts.org mfannidade.gov It is my great pleasure to announce that on Tuesday, October 13, 2009, the Board of County Commissioners and Mayor Alvarez approved funding for the Department of Cultural Affairs /Cultural Affairs Council's competitive grants programs for FY2009 -2010. The County Commission and the Mayor adopted the recommendation of the peer review panel and the Cultural Affairs Council to provide a Community Grants Program award in the amount of $1500 to City of South Miami - Parks and Recreation for its South Miami MILK, Jr. Parade. Attached are your grant agreements and other items necessary for the processing of this award. Please be sure to print and read all documents and follow the enclosed instructions carefully. ALL materials must be completed and returned by 4 PM on 12/28 {2009. Please carefully and thoroughly consider the feasibility of accomplishing your grant supported projects and programs successfully with the level of funding awarded. Season activities and programs toward which grant funds are being applied must be able to achieve the quality and impact described in your grant application and upon which the competitive evaluation was based. If you need to consider making significant changes to your grant project as a result of current economic conditions and/or a reduction in anticipated revenues, please contact Department staff BEFORE executing your grant agreement. The Inability to present the program for the purposes which are specifically described in Article 1.3 of your grant contract, designated "Project," as documented In your application and In accordance with the published guldelfnes of the Community Grants Program could result in a breach of contract, forcing the cancelatlon of this grant and the repayment to the County of any disbursed grant funds. Your FY 2009 -2010 grant award will be available for release during the County's fiscal year (October 1, 2009 - September 30, 2010), after the Clerk of the Board cenifies and confirms the FY2010 Budget Ordinance, and contracts for your grant award are fully and duly executed. Final reports are due within 45 days of project completion. All funding allocations and are subject to the availability of funds. deemed complete. This report is due within 45 days of grant project completion. A copy of the Universal Final Report Form is also available on the Department's website at www.miamidadeads.om (click on Grants / Organizations / Grantee Resources / Reporting Process - Universai Final Report Form). Also, please remember that grant funds not encumbered (contracted for) by the end of the County's fiscal year in which they were awarded, or for which a project extension has not been approved, revert to the Department of Guttural Affairs on September 30th. If you have questions or need assistance, please call Dana Pezoldt at 305 - 376.2161 or email me at danap4miamidade.00v, . Best wishes for your 2009.2010 season! Sincerely, *:5— Michael Spring, Director enc. h r� �M flUtTll The Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Mayor and the Board of County Commissioners are pleased to announce that Miami -Dade County has awarded a grant as described herein to City of South Miami - Parks and Recreation (hereinafter referred to as the Grantee). The grant award, acknowledging that the Grantee is performing a public service through its programs and projects, is awarded as follows: 1. GRANTEE 2, AMOUNT OF GRANT: 3. PROJECT: 4. ITEMIZED PROJECT BUDGET: 5. GRANT START DATE: 6. GRANT END DATE: 7. REPORT DEADLINE: GRANTEE AND GRANT DESCRIPTION City of South Miami - Parks and Recreation (EIN# 59- 6000431) 6130 Sunset Drive South Miami, FL 33143 $1,500 South Miami MILK, Jr. Parade (as described in the program application and any revisions attached hereto) (as described in the Restatement of Project Budget attached hereto) February 13, 2010 February 13, 2010 March 30, 2010 The Parties hereto have executed this Agreement on the day of �i,(Q,(,1 20 10 MIAMI -DADE COUNTY, FLORIDA, by its BOARD OF COUNTY CO GRANTEE: Articles I, il, III, IV and V, together with their exhibits, the Restatement of Project Budget, original application and Universal Affidavit, make up this grant award contract. In signing this article, the undersigned officials, on behalf of the Grantee, certify that they have read and will abide by the terms and considerations set forth in the General Terms and Conditions for Grants (Articles II, III, IV and V) dated April, 2008 as provided with the grant award package, and with those provisions outlined in the notarized and attached Universal Affidavit. Further, the Grantee agrees that the funded project will be executed in substantially the form outlined in the original application as approved for funding, in accordance with the program guidelines of the Community Grants Program program and within the scope of budget submitted in the attached Restatement of Project Budget. 2WI( (Grantee's Corporate Seal) Signature Authorized Official #1 Roder )I. &rl*e l "d i, &' A./ M4' Pri ed Name /Title Aut orized 04fcial #1 Official #2 Approved for form and legal sufficiency by the Miami -Dade County Attorney (412008). MIAMIwDADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS GENERAL TERMS AND CONDITIONS FOR GRANTS (April, 2008) — ARTICLES II III, IV and V ARTICLE II 1. Parties: The parties to the Grant Award Agreement, which shall be referenced herein as the "Agreement" are the Grantee listed in Article 1.1, and Miami -Dade County, Florida, a political subdivision of the State of Florida. 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 County Mayor or his designee. The County Mayor has delegated the responsibility of administering this grant to the Director of the Miami -Dade County Department of Cultural Affairs, who shall be referred to herein as the "Director," 2. Amount and Payment of Grant Award: The total amount of the grant is specified in Article 1.2. By making this grant, Miami -Dade County assumes no obligation to provide financial support of any type whatever in excess of the total grant amount. Cost overruns are the sole responsibility of the Grantee. Grant funds will be supplied to the Grantee once the award is approved and subject to the conditions and limitations as outlined in the Agreement and its accompanying articles and attachments. Miami -Dade County's obligation to pay the award under the Agreement is contingent upon an appropriation by the Miami -Dade County Mayor and the Board of County Commissioners and on the availability of funds. In the event that County funds on which the Agreement is dependent do not materialize or are withdrawn, the Agreement is terminated and the County has no further liability to the Grantee, beyond that already incurred by the termination date. In the event of a County revenue shortfall, the total grant will be reduced accordingly. Such termination or reduction of the total grant shall not affect the responsibility of the Grantee under the Agreement as to those funds distributed. 3. Proiect Description: The Grantee may use the grant only for the purposes which are specifically described in Article 13, designated "Project," as documented in the Grantee's program application and in accordance with the published guidelines of the grant program through which this grant is being awarded. Any necessary changes in the scope of the project are cited in the attached Restatement of Project Budget. Further, it is expressly understood and agreed that the Grantee's program(s) supported by these grant funds must be open and accessible to the public, provide public exposure and benefit the public unless otherwise noted under Article V, "Special Conditions," of the Agreement. Minor project revisions believed to be necessary for the purpose of completing the project, but which do not substantially alter the original project, its quality, impact, or benefit to the organization, the County or its citizens, must be requested in writing to the Director sufficiently prior to implementation of revisions for the Director's approval. Minor revisions include, but are not limited to those affecting project scope, venue, timeframe and participants. The Director will make the final determination on revisions within fourteen (14) business days of the date of receipt of the request in the Department of Cultural Affairs' offices. 4. Proiect Budget: The Grantee agrees to demonstrate fiscal stability and the ability to administer grant funds responsibly and in accordance with standard accounting practices by developing and adhering to a project budget that is based upon reasonable revenue development and expenditures projected to accomplish the project covered under the Agreement. This budget is referenced in Article 1.4 and is attached to the Agreement as the Restatement of Project Budget, and the Grantee agrees that all expenditures will be subject to the terms of the Agreement and will not significantly deviate from the budget included as a part of the Grantee's program application or funding request information provided to the Miami -Dade County Department of Cultural Affairs, The Grantee agrees and expressly understands that any grant budget revisions including line item changes necessary for the purpose of completing the project must be requested in writing to the Director for his consideration prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twenty-five percent (25 %) of the total amount of the grant award. The Director will approve or disapprove the Grantee's request in writing within fourteen (14) business days of the date of receipt of the request in the Department's offices. 5. Grant End Date: The Grantee shall encumber all grant and matching funds on or before the Grant End Date as outlined in Article 1.6. Any grant funds not encumbered by the Grant End Date or for which a project extension has not been requested, or any encumbered funds not expensed within forty -five (45) days of the Grant End Date shall revert to the Department and the Agreement shall be terminated in accordance with Article 11.14. A project extension may be requested in writing from the Director at least thirty (30) business days prior to the Grant End Date. The Director, at his discretion, may grant an extension of up to page 1 of 6 General Terms and conditions for Grants (4/2008) one (1) year of the Grant End Date so long as such extension will not significantly alter the project including its quality, impact, or benefit to the organization, the County or its citizens. 6. Report Deadline: To demonstrate that the Grantee has used the grant award for the project as approved (Article 13.) and the Itemized Project Budget (Article IA.) as attached to the Agreement as the Restatement of Project Budget, and has met and fulfilled all requirements as outlined in the Agreement, original application, and any other substantive materials as may be attached or included as a condition to this grant award, the Grantee must submit to the Director or his designee, a written Final Report documenting that the Grantee is meeting or has fulfilled all project and financial requirements. This report is to be received by the Director or his designee by the date specified in Article 17. in the form specific to the program through which this grant is being awarded. The Grantee agrees and expressly understands that in making Final Report to the Department, any deviation from the grant expense budget attached to the Agreement as the Restatement of Project Budget must be requested in writing to the Director for his consideration prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twenty -five percent (25 %) of the total amount of the grant award. The Director, at his sole discretion, may require the Grantee to submit interim reports demonstrating progress on the project and accounting for project expenses to date. The Director may also require that a compilation statement or independent financial audit encompassing the entire grant period and accounting for the expenditure of grant funds be prepared by an independent certified public accountant at the expense of the Grantee. With the exception of grants made through the Major Cultural Institutions Grants Program, the Grantee shall attach to the Final Report, copies of original documentation conclusively demonstrating the expenditure of funds for the items indicated in the Restatement of Project Budget as grant award expenses. Documentation shall include, but not be limited to, copies of original bills, invoices, vouchers, receipts, and copies of canceled checks (front and rear) clearly designating payment for expenses associated with the event. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. In the case of grants made through the Major Cultural Institutions Grants Program, the Grantee shall submit an independent financial audit of the fiscal year encompassing the grant period as part of its Final Report. If an audit is not prepared in time to meet the Final Report deadline, a compilation statement encompassing the grant period prepared by an independent certified public accountant or corporate financial officer, attesting to the Grantee's financial position as reported and to the Grantee's total compliance with the provisions of the grant, may be submitted in the interim until such time as the final audit is available. In the event that the Grantee fails to submit the required Final Report by the deadline date specified in Article 1.7., the Director may terminate the Agreement in accordance with Article 11.14. Further, the Director or his designee must approve this report before the Grantee is deemed to have met all conditions of the grant award. 7. Program Monitoring and Evaluation: The Director or his designee may monitor and conduct an evaluation of the Grantee's operations and the project for which this grant is provided, which may include visits by County representatives to: observe the project or Grantee's programs, procedures, and operations; discuss the Grantee's programs with the Grantee's personnel; and /or evaluate the public impact of these funded events and activities. Upon request, the Grantee shall provide the Director with notice of all meetings of its Board of Directors or governing board, general activities and project - related events. In the event the Director or his designee conclude, as a result of such monitoring and /or evaluation, that the Grantee is not in compliance with the terms of the Agreement, is not fulfilling other program requirements or stipulations for which this Grant has been provided or for other reasons which significantly impact on the Grantee's ability to fulfill the conditions of this grant award, the Director or his designee must provide in writing to the Grantee, within thirty (30) days of the date of said monitoring /evaluation, notice of the inadequacy or deficiencies noted which may significantly impact on the Grantee's ability to complete the project or fulfill the terms of the Agreement within a reasonable time frame. If Grantee refuses or is unable to address the areas of concern within thirty (30) days, of receipt of such notice, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. Further, in the event that the Grantee refuses or is unable to address the areas of concern and the grant award has been disbursed in full or in part, then the Director may request the return of the full or partial grant payment. At the Director's sole discretion, a Grantee found to be deficient or in default of a previous grant contract may be declared permanently ineligible to apply to the Department of page 2 of 6 General Terms and Conditions for Grants (4/2008) Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. If Grantee is not in compliance with the conditions of any other County agreement, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such time as the Grantee can demonstrate that such issues have been corrected. 8. Bank Accounts: Monies received pursuant to the Agreement shall be kept in accounts in established Florida banks, credit unions or savings and loan associations whose identity shall be disclosed in writing, with the identity and title of individuals whom the Grantee authorizes to withdraw or write checks on grant funds from the banking institution identified on the "Bank Account Disclosure" form submitted by the Grantee. These accounts need not be accounts which are segregated from other accounts maintained by the Grantee. However, it is highly recommended that the Grantee maintain a separate account for these grant funds. 9. Accounting and Financial Review: The Grantee must keep accurate and complete books and records for all receipts and expenditures of this grant award and any matching funds required in conformance with reasonable general accounting standards. These books and records, as well as all documents pertaining to payments received and made in conjunction with this grant, such as vouchers, bills, invoices, receipts and canceled checks, shall be retained in Miami -Dade County in a secure place and in an orderly fashion by the Grantee for at least two (2) years after: the Grant End Date specified in Article 1.6.; the expiration of an extended grant period as approved by the Director; the completion of a County requested or mandated audit or compliance review; the conclusion of a legal action involving the grant award, the Grantee and /or project or activities related to the grant award. The Director or his designee may examine these books, records and documents at the Grantee's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the Director may, upon reasonable notice and at the County's expense, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. 10. Publicity and Credits: The Grantee must include the following credit line in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcements, broadcast media, event programs, and publications: "With the support of the Miami -Dade County Department of Cultural Affairs and the Cultural Affairs Council, the Miami -Dade County Mayor and Board of County Commissioners." The grantee must also use the Department's logo in marketing and publicity materials whenever possible. Please call the Department to request an electronic logo file or download it from our website (www.miamidadearts.org). By accepting County funds, the grantee is required to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. Grantees through the Department's All Kids Included initiative, Summer Arts and Science Camps for Kids (SAS -C), Youth Arts Enrichment program (YEP), and Youth Arts Miami (YAM) grants programs must include The Children's Trust logo (available for download at www. thechildrenstrust .org /MediaKit.asp) and the following statement in all materials related to the grant project, including but not limited to newsletters, press releases, brochures, fliers, websites or any other materials for dissemination to the media or general public: "The (insert everit/program name) is funded by The Children's Trust, The Trust is a dedicated source of revenue established by voter referendum to improve the lives of children and families in Miami -Dade County." Note: In cases where funding by The Children's Trust represents only a percentage of the grantee's overall funding, the above language can be altered to read: "The (insert event/program name) is funded in part by The Children's Trust ........... 11. Liability and Indemnification: It is expressly understood and intended that the Grantee, as the recipient of grant funds, is not an officer, employee or agent of Miami -Dade County, its Board of County Commissioners, its Mayor, the Department of Cultural Affairs or the Cultural Affairs Council. Further, for purposes of the Agreement and the grant project or activity, the parties hereto agree that the Grantee, its officers, agents and employees are independent contractors. page 3 of 6 General Terms and conditions for Grants (4/2008) The Grantee shall take all actions as may be necessary to ensure that its officers, agents, employees, assignees and/or subcontractors shall not act as nor give the appearance of that of an agent, servant, joint venturer, collaborator or partner of the Department of Cultural Affairs, the Cultural Affairs Council, the Miami -Dade County Mayor, the Miami -Dade County Board of County Commissioners, or its employees. The Grantee agrees to be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in the Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that Miami -Dade County shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract, and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Grantee 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, law suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Grantee or its employees, agents, servants, partners, principals or subcontractors. The Grantee 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 attorneys' fees which may issue thereon. The Grantee expressly understands and agrees that any insurance protection required by the Agreement or otherwise provided 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. 12. Assignment: The Grantee is not permitted to assign this grant award or any portion thereof. Any purported assignment will render this grant null and void and the Grantee shall be subject to immediate rescission of the full amount of the grant award and reimbursement by the Grantee of its full value to the County. 13. Compliance with Laws: It shall be a contractual obligation of the Grantee hereunder, that during the term of the Agreement, the Grantee agrees to abide by and be governed by all applicable federal, state and county laws and the terms of grants made to Miami -Dade County and the Miami -Dade County Department of Cultural Affairs and Cultural Affairs Council, of which this grant is a sub grant, including, but not limited to the following Miami -Dade County Ordinances, Resolutions, sections of the County Code and federal laws: (a) County Ordinance No. 72 -82 - Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance - as amended, which is incorporated herein by reference as if fully set forth herein; (b) Section 2 -8.1- of the Miami -Dade County Code - Ownership Disclosure; (c) County Ordinance No. 90 -133- Amending Sec. 2 -8.1; (d)(2) - Employment Disclosure; (d) Section 2 -8.6 -of the County Code - Criminal Record; (e) County Resolutions R- 202 -96, R- 206 -96, R- 13211 -99; (f) County Ordinance No. 92 -15 codified as Section 2 -8.1.2 of the County Code - Employment Drug -free Workplace; (g) County Ordinance No. 142 -91 codified as Section 11A -29 et. seq. of the County Code — Family Leave; County Resolution R- 385 -95 - Miami -Dade County Disability Nondiscrimination Affidavit, incorporating the following Federal laws and Acts: (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; (2) Title II, Public Services; (3) Title III, Public Accommodation and Services Operated by Private Entities; and Section 504 of the Rehabilitation Act of 1973; (4) Title IV, Telecommunications; (5) Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973,29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair House Act as amended, 42 U.S.C. Section 3601 - The foregoing requirements of this section shall not pertain to contracts with the United States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State; (h) Section 2 -8.1 (c) of the County Code regarding Delinquent and Currently Due Fees or Taxes; page 4 of 6 General Terms and conditions for Grants (412008) Resolution R- 1206 -97 regarding Welfare Reform Work Participation The Grantee has certifiably indicated compliance with these laws, ordinances and resolutions by properly executing the affidavits attached hereto. Further, all funded activities must provide equal access and equal opportunity in employment and services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972 as amended (42 U.S.C. 20004 at seq.), the Americans with Disabilities Act (ADA) of 1990, Section 504 of the Rehabilitation Act of 1973, and Miami -Dade County ordinances No. 97 -170, § 1, 2 -25 -97 and No. 98 -17, § 1, 12 -1 -98. 14, Remedies: In the event the Grantee shall fail to materially conform with any of the provisions of the Agreement or its attachments referenced herein, the Director may withhold or cancel all, or any, unpaid installments of the grant upon giving five (5) calendar days written notice to the Grantee, and the County shall have no further obligation to the Grantee under the Agreement. Further, in the event of a material breach of any term or condition of the Agreement, upon five (5) calendar days written demand by the Director, the Grantee shall repay to Miami -Dade County all portions of the grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the date that the written demand is received. In the event this grant is canceled or the Grantee is requested to repay grant funds because of a breach of the Agreement, the Grantee may be declared permanently ineligible to apply to the Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Director's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration of the grant period. The Grantee will also be liable to reimburse the County for all lost or stolen grant funds. Grant funds which are to be repaid to Miami -Dade County pursuant to this Section or other Sections in the Agreement, are to be repaid by delivering to the Director a certified check for the total amount due, payable to the Miami -Dade County Board of County Commissioners. These provisions do not waive or preclude the County from pursuing any other remedy, which may be available to it under the law. 15. Indulgence Will Not Be A Waiver of Breach: The indulgence of either party with regard to any breach or failure to perform any provision of the Agreement shall not be deemed to constitute a waiver of the provision or any portion of the Agreement either at the time the breach or failure occurs or at any time throughout the term of the Agreement. 16. Written Notices: Any written notices required under the Agreement will become effective when delivered in person or upon the receipt of a certified letter addressed to the Grantee at the address specified in Article 1.1 of the Agreement, and to the Director when addressed as follows: Director, Miami -Dade County Department of Cultural Affairs, 111 NW First Street, Suite 625, Miami, Florida 33128. 17. Captions Used in the Agreement: Captions as used in the Agreement are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 18. Contract Represents Total Agreement: The Agreement, including its special conditions and attachments, represents the whole and total agreement of the parties. No representations, except those contained within the Agreement and its attachments, are to be considered in construing its terms. Other than as specified in this agreement, no modifications or amendments may be made to the Agreement unless made in writing, signed by both parties, and approved by appropriate action by the Miami -Dade County Board of County Commissioners and Mayor. ARTICLE III - INSURANCE The Grantee must maintain and shall furnish upon request to the Director or his designee, certificates of insurance indicating that insurance has been obtained which meets the requirements as outlined below: page 5 of 6 General Terms and conditions for Grants (4/2008) 1. Workers' Compensation Insurance for all employees of the Grantee as required by Chapter 440 Florida Statutes. 2, Public Liability Insurance on a comprehensive policy in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the project, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage, The 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 the 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, 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 is a member of the Florida Guaranty Fund. Certificates must indicate that no modification or change in insurance shall be made without thirty (30) days advance written notice to the certificate holder. Modification or waiver of any of the aforementioned insurance requirements is subject to the approval of the County's Risk Management Division. The Grantee shall notify the County of any intended changes in insurance coverage, including any renewals of existing policies. ARTICLE IV • TERMINATION If, for any reason, the Grantee shall fail to fulfill in a timely and proper manner its obligations under the Agreement, or should violate any of the covenants, agreements, or stipulations of the Agreement, the County shall thereupon have the right to terminate the Agreement by giving written notice to the Grantee of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Notwithstanding the above, the Grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the Grantee, and the County may withhold any payments to the Grantee until such time as the exact amount of damages due to the County from the Grantee is determined. ARTICLE V • SPECIAL CONDITIONS Indirect costs may not be assigned to, charged against or debited from County grant funds. page 6 of 6 General Terms and conditions for Grants (412008) MIAMI•DADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS RESTATEMENT OF PROJECT BUDGET Fiscal Year I Program: 2009/2010 Community Grants Program 21d Qtr Organization Name: City of South Miami -Parks and Recreation Project Title: Dr. Martin Luther King, Jr. Parade Dates of Activities: 2/13110 Describe any necessary changes to the project that differ from the original grant application: N/A Numbers of ChildrenNouth to be Served: Attending, Participating and/or Performing COMBINED # of Infants 1 Preschool (Ages 0.5): 125 # of Children (Ages 6.12): 400 # of Youth (Ages 13.18): 1,000 TOTAL # of Children/Youth: 1,52 # of ChildrenlYouth with Disabilities: 60 Note: only young adults with disabilities It of Young Adults with Disabilities (Ages 19.22): 30 ages 19 -22 are to be counted here: TOTAL PARTICIPATION: Audience /Attending: 2,500 Performinglinstructing: 500 All Adults PLUS All Children COMBINED Restatement of Project Budget (12.29.09) Page 1 of 3 Itemize cash expenses to be expended from the grant award. Expenditures must equal the total amount of the grant award as listed on the Grant Award Agreement. Round amounts to the nearest dollar (do not show cents). NOTE: The items specified in this budget must correspond with the Grant Dollars Allocated column of the Project Expense Budget on your original applica- tion form. PERSONNEL ADMINISTRATIVE: ARTISTIC: TECHNICAL: OUTSIDE ARTISTIC FEES: OUTSIDE OTHER FEES: MARKETINGIPUBLICrrY PRINTING POSTAGE IN COUNTY TRAVEL OUT OF COUNTY TRAVEL EQUIPMENT RENTAL EQUIPMENT PURCHASE. - SPACE RENTAL INSURANCE UTILITIES SUPPLIESIMATERIALS OTHER COSTS (ITEMIZE): GRANTAWARD 800 700 TOTAL GRANT AWARD: $1,500 Restatement of Project Budget (12.29.99) Page 2 of 3 0 EIRIMEMENW List cash and in -kind expenses and revenues specifically identified with your projectfseason. Round amounts to the nearest dollar (do not show cents). NOTE: Total project expenses and revenues must equal. CASH EXPENSES PERSONNEL ADMINISTRATIVE: ARTISTIC: TECHNICAL: OUTSIDE ARTISTIC FEES: 4,000 OUTSIDE OTHER FEES: 250 MARKETINGIPUBLICITY 350 PRINTING POSTAGE IN COUNTY TRAVEL OUT OF COUNTY TRAVEL EQUIPMENT RENTAL 4,000 EQUIPMENT PURCHASE SPACE RENTAL INSURANCE UTILITIES SUPPLIESIMATERIALS OTHER COSTS (ITEMIZED: Youth Monitors 150 Un -Sung Heroes 350 IN -KIND 4,000 250 I)Fn SUB TOTALS: 9,100 4,500 TOTAL EXPENSES: $13,600 ADMISSIONS CONTRACTED SERVICES TUITIONS CORPORATE SUPPORT FOUNDATION SUPPORT PRIVATE/INDIVIDUAL SUPPORT GOVERNMENT GRANTS: FEDERAL STATE LOCAL CHILDREN'S TRUST (DIRECT FUNDING) APPLICANT CASH ON HAND OTHER REVENUES (ITEMIZE): CASH REVENUES IN -KIND 1,300 GRANTAWARD 1,500 4,500 SUB TOTALS: 9,100 4,500 TOTAL REVENUES: $13,60 Prepared by: SIGNATURE TYPEDIPRINTED NAME Carol M.Aobron Restatement of Project Budget (12.29.99) Page 3 of 3 DATE 06/10 TITLE Grants Writer /Admia¢trator MIAMI•DADE COUNTY. DEPARTMENT OF CULTURAL AFFAIRS UNIVERSAL AFFIDAVITS Each section of this form must be read, and initialed indicating acceptance and /or compliance with the County's policy related to the particular affidavit. For affidavit sections that you do not believe are applicable to your organization, please indicate this by placing "N /A" in the blank and your initials next to the "N /A." ALL SECTIONS MUST BE COMPLETED, either with your initials indicating compliance or "NIA" indicating non - applicable. Sections not completed on the Affidavit will render the entire Universal Affidavit null and void and it will be returned to you for completion. The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, MIAMI - DADE COUNTY CRIMINAL RECORD AFFIDAVIT, and MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any departments or agencies thereof, the State of Florida or any political subdivision or agency thereof,.or any municipality of this State. The MIAMI -DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies, the State of Florida or any political subdivision or agency thereof, it shall, however, pertain to municipalities of the State of Florida. I, Roger M Carlton being first duly sworn state: (Name of Af iant / Authorized Official) The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): 59. 6000431 Federal Employer Identification Number Name of Entity, Individual(s), Partners, or Corporation 6130 Sunset Drive South Miami FL 33143 Street Address City State Zip Code hA * 1. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) 1. 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 partnership, the foregoing information shall be provided for each partner. 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. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State of Florida or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership N /A % % 2. The full legal name and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with Miami -Dade County are (Post Office addresses are not acceptable): 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) or imprisonment in the County jail for up to sixty (60) days or both. Mimi 1111drilb 168009) Pogo I of 4 II. 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 dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. 1. Does your firm have a collective bargaining agreement with your employees? K Yes —No 2. Does your firm provide paid health care benefits for its employees? 1- Yes No 3. Provide current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. White: � Males to Females Black: Males J$ Females Hispanic: L Males Females Native American: _ Males _ Females Asian: Males Females Aleut (Eskimo): _ Males _ Females Males Females t�c III. MIAMI -DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County _ has '1 has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _ has _ has not as of the date of this affidavit been convicted of a felony during the past (10) years. IV. MIAMI -DADE COUNTY 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 may be 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 or 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 governmental entities. -2-G V. MIAMI -DADE COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance 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 Miami -Dade County for each working day during each twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: urireml Amdorin (54000) Palle 2 of 4 to 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 has a serious health condition without risk of termination of employment or employer retaliation. 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. VI. MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT (County Resolution R- 385 -95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, 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 limited to, those provisions pertaining to employment, provision 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. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodation and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions: The Rehabilitation Act of 1973, 29 U.S.C. Section 794: The Federal Transit Act, as amended 49 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, or the State or any political subdivision or agency thereof or any municipality of this State. VII. MIAMI -DADE COUNTY AFFIDAVIT REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code). Except for small purchase orders and sole source contracts, the above named firm, corporation, organization or individual desiring to transact business or enter into 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 Miami -Dade County Tax Collector as well as Miami -Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. VIII. MIAMI•DADE COUNTY WELFARE REFORM WORK PARTICIPATION AFFIDAVIT (Resolution R- 702.98, as amended by Resolution R- 358 -99). Please check one of the following options: This entity is a governmental entity and is therefore exempt from the provisions of Resolution No. R- 702 -98, as amended by Resolution R- 358.99. This entity is a not - for - profit organization and is therefore exempt from the provisions of Resolution No. R -702- 98, as amended by Resolution R- 358 -99. This entity is a recipient of a grant award and is therefore exempt from the provisions of Resolution No. R -702- 98, as amended by Resolution R- 358.99. This entity has a contract with the County that results in actual payment of less than $500,000 and is therefore exempt from the provisions of Resolution No. R- 702 -98. This entity can demonstrate that five percent (5 %) of its work force consists of individuals who reside in Miami - Dade County and who have lost or who will lose cash assistance benefits (formerly Aid to Families with Dependent Children or "AFDC') as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and therefore, requests a waiver of the requirements of Resolution No. R- 702 -98, as amended by Resolution R- 358 -99. This entity has a contract with the County that results in actual payment of $500,000 or more, and therefore, will contribute to Project Fresh Start, the County's welfare -to -work initiative, based on the following scale: If the entity has a contract with the County that results in actual payment of an amount between: $500,000 to $1,000,000 $1,000,001 to $5,000,000 $5,000,001 to $10,000,000 $10,000,001 and over Hem[ Wort ( 009) Pop 3Of4 then that entity shall contribute $5,000 then that entity shall contribute $10,000 then that entity shall contribute $20,000 then that entity shall contribute $25,000 elc IX. ATTESTATION REGARDING DUE AND PROPER ACKNOWLEDGEMENT OF COUNTY FUNDING SUPPORT By initialing this subsection and accepting County funds, the above named firm, corporation, organization or individual agrees to abide by the grant contract requirement to recognize and acknowledge Miami -Dade County's grant support in a manner commensurate with all contributors and sponsors of its activities at comparable dollar levels. I have carefully read this entire four (4) page document entitled, "Universal Affidavit" and have initialed all affidavits that pertain to this contract and have indicated by "NA" all affidavits at do not pertain to this contract. By: 2(, f a (Signature of Affiant) Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day o __, 201,4— /- V ( </%Y (Name of Affiant - Printed) She: j� ❑ has produced / �( /i A__r (.c., as identification. (Type of Identification) ,lama 2 ,Notary Public (Signature of Not y) (Name of Notary Typed, Printed or Stamped) State of Florida - County of urrireralul(id* (64009) Page 4 of 4 r ,;,�igg�td 1Rtjp99758 *� � � ✓ib'k @4'8';'�?53 s 1,4. ' = }ts;;,.. ( MARIALGARCIA PoY CU6�MISSleN a iiD 09582 tnNHFR S: OMWI 22013 g= - afn Not ryPubiiculluvwt r ,;,�igg�td 1Rtjp99758 *� � � ✓ib'k @4'8';'�?53 s City of South Miami Horne Abnsstsouth Miami Government DeparnnenGs Directory services Gel Fbrms Online Commission Meeting Agendas Commission Meeting After A Tion Summaries Residents :'Business February 4,2010 Mayor & Commissioners City Calendar February +ovo S M T W T F S 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Month at a Glance» More Events>> Board /Conn ttee Agendas Mayor Horace G. Feliu & Minutes Tel.: (305) 668 -2484 Email: hfeliu @cityofsouthmiami.net Agency (iACRA)velopment .Agency (SMCIN) On February 14, 2006, voters elected Horace G. Feld Mayor. Mayor is a native of ry Y Corsi Gables and has lived in the City South Miami for more than a decade. Mayor Minutes, S e Sciences, a Bachelor of Science Fegr holds a Bachelor of Science degree in RodgeAAgendas, Badger sterol Sc degree in Mechanical Engineering and a Master of Science degree in Vocational SMICRAMeedng Atlev Education. He is the owner of a bio- medical service company and is a licensed real Action Summaries estate broker. Mayor Feliu served the City of South Miami before as a City Commissioner from 1998 -2004; this term included two years as Vice Mayor. In Talk to us addition, Mr. Feliu was the Mayor of South Miami from November 2002 through Job Opportunities February 2004. In his previous years as a Commissioner, Vice -Mayor and Mayor, he initiated Crime Watch Programs and sponsored City beautification projects BFp /Bid postings throughout South Miami. He also sponsored programs to Increase the number of police officers who patrol the streets of South Miami and passed a resolution in Links support of gun safety. Mayor Fella knows the importance of a united community and Live Chmmel_;y is looking forward to working with both residents and business owners for the betterment of South Miami. Auction _. ........ -..... ...... _,.... ....... Ne_Oater Contoo U, Vice Mayor Brian D. Beasley Tel.: (305) 772 -4773 Email: Brianeeasley33 @gmail.com Vice Mayor, Brian D. Beasley Is a third generation native Miamian. He was awarded by the Silver Knight Committee of the Miami Herald for his Mathematical skills and community services. He Is an Alumnus of the University of Miami's College of Engineering. He Is currently a residential /commercial reaftor at Coldwell Banker. Vice Mayor Beasley comes with a wealth of diverse knowledge and experience, Though he was born in Coconut Grove, his formative years were spent two blocks east of Hialeah and three blocks north of Liberty City, He served 17 years as a consultant and Director for the Jewish Community Center. He strongly believes in the Importance of uniting ALL of South Miami. The children, who are our future, need the tools necessary to make them successful in life. Vice Mayor Beasley was involved in various boards including Miami Dade County Community Action Agency, South Miami's Alliance for Youth, Community Redevelopment Association Advisory Board, and South Miami's Budget and Finance Committee just to name a few, Vice Mayor Beasley is an advocate for: addressing traffic issues, promoting functional green space, adhering to responsible development, and enhancing public safety. He promotes fiscal responsibility, accountability, and working towards the lowering of taxes. Page 1 of 2 http: / /www.cityofsouthmiami .net /index.php ?src= gendocs &ref= MayorCommissioners &cate... 2/4/2010 City of South Miami Commissioner Velma Palmer Tel: (305) 668-2483 Email: palmer2007 @gmaiLCOm Commissioner Velma Palmer comes to us from St. Mary, Jamaica, West Indies. She has a Bachelor of Science degree in Elementary Education and a Master of Science degree in School Guidance and Counseling. Commissioner Palmer is a teacher with the Miami -Dade County Public Schools. Commissioner Palmer started her term with the City of South Miami in 2004 as Vice Mayor. In her two years in that position, Ms. Palmer was a strong advocate for affordable housing and responsible development, and sponsored a resolution encouraging Miami -Dade County to establish a Point of Distribution for disaster relief within the City limits. Commissioner Palmer is dedicated to the education of our children and to making the City of South Miami a safe and healthy community in which to raise our future leaders. Commissioner Palmer has been re- elected on February 12, 2008. Commissioner Valerie Newman Tel: (786) 351 -1648 Email: valerlenewman09 @gmail.com Commissioner Lew Sellars Tel: (305) 667 -0283 Office: (305) 663 -6341 7 Email: lewsellars @gmalLCOm Print this Page R,wk.ty 18. m", I vio'­ I co'e.uU, I Lbc a.uu,cl;- n +nn I 1", � ev maouAThu Cll�a[SnJli i.11mni M Rt,"'­"i _11 P ... d. Page 2 of 2 http: / /www.cityofsouthmiami .net /index.php ?sre= gendocs &ref MayorCommissioners &cate... 2/4/2010 ,r. Carlos Alvarez, Mayor April 2, 2010 Mr Roger Carlton City of South Miami 7 Parks and Recreation 6130 Sunset Drive South Miami, FL 33143 Dear Mr Carlton: Cultural Affairs 111 NW 1 st Street ® Suite 625 Miami, Florida 33128 -1914 T 305- 375 -4634 F 305 -375 -3068 miamidade.gov �e"efE Be J R_fWU Ulgf +. ANAGER"o� 06 FfCF Your application to the FY2009 -2010 Community Grants Program, Second Quarter has been approved for funding by the Miami -Dade County Board of County Commissioners. Enclosed please find a copy of the executed contract for your files. If you have not yet received your grant award check or direct deposit, it will arrive under separate cover directly from the finance department. In the event that you do not receive a check within fourteen (14) to twenty -one (21) days of receipt of this correspondence, contact me by email at danap @miamidade.gov. Please remember that all final reports, including copies of canceled checks, invoices and three support documents, are due within 45 days of project completion. It is also listed on the first page of your contract under #7. You can find the form on our website at www.miamidadearts.org in a new area under the grants /online grants tab then click the Manage Award tab and scroll and look for the Universal Final Report Form (it is a new form since December 2009 so please do not use old forms.) You are also required to use the Expense Summary Template which is also provided for you near the final report form. Remember, this is only for your records and please disregard this reminder only if you have received your funding and have turned in your final report. Please feel free to contact me if you have any questions. Thank you. Sincerely, Community backup withholding. For n a Y alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, It Is or your employer identification number PIN). if you do not have a number, see Now to get a TIN on page 3. Note. if the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identincati number to enter. Under penalties of perjury, 1 partly that: I . The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S, cozen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For. real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you am not required to sign the Certification, but you must provide your correct TIN. See the Instructions on page 4. Sign signature of Here I U.3, parson General Instructions Section references' are to the Internal Revenue Code unless otherwise noted. Purpose. of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage Interest you paid, acquisition or, abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only If you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income, Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W -9. Cat. Definition of a U.S, person. For federal tax purposes, you are considered a U.S. person It you are: • An individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, In certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S, person that is a partner In a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W -9 to the partnership for purposes allocable share of net Income from the palrtnership holding conducting a trade or business In the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Form W -9 (RUV. 10 -2007) �1i11,rm Request for Taxpayer 9 Give form to the Form f��l (Rev. October 2007) Identification Number and Certification requester. Do not send to, the IRS. Dapadment of the Treasury Internal Rownuo SeMm Name (as shown on your Income tax return) ei d m Business name, If different from above Q. G O c Check appropriate box: ❑ Indlvidual(Solecroprietor ❑ Corporation ❑ Pannershtp Exempt O � Limited debility company. Enter the tax classification (D= disregarded entity, C= coryoraibn, P =partnership) •' .... _. payee p I] other (see Instructions)► Address (rmmber, street, and apt. or tulle no Requester's name and address (opiionap c5 ao City, stale, and ZIP coda W m List account numbers) here (optional) N Taxpayer Identification Number I I IN) Enter TIN In the appropriate box. The TIN provided must match the name given on Line f to avoid Social security number your I divIdu Is this Is our serfal, security number (SSN). However, for a resident backup withholding. For n a Y alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entities, It Is or your employer identification number PIN). if you do not have a number, see Now to get a TIN on page 3. Note. if the account is in more than one name, see the chart on page 4 for guidelines on whose Employer Identincati number to enter. Under penalties of perjury, 1 partly that: I . The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S, cozen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For. real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you am not required to sign the Certification, but you must provide your correct TIN. See the Instructions on page 4. Sign signature of Here I U.3, parson General Instructions Section references' are to the Internal Revenue Code unless otherwise noted. Purpose. of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage Interest you paid, acquisition or, abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only If you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Income, Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W -9. Cat. Definition of a U.S, person. For federal tax purposes, you are considered a U.S. person It you are: • An individual who Is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined In Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, In certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withholding tax. Therefore, if you are a U.S, person that is a partner In a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W -9 to the partnership for purposes allocable share of net Income from the palrtnership holding conducting a trade or business In the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Form W -9 (RUV. 10 -2007) Form W -9 (Rov. o The U.S. grantor or other owner of a grantor trust and not the .trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W -9. Instead, use the appropriate Form W -8 (see Publication 615, Withholding of Tax, on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for ceraln types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a statement to Form W -9 that specifies the following five Items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien, 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S. -China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S, law, this student will become a resident alien for tax purposes if his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S,-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W -9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W -8. What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 280/. of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax - exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup Withholding M f. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 Instructions on page 3 for details), 3. The IRS tells the.requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 6, You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See the Instructions below and the separate instructions for the Requester of Form W -9. Also see Special rules for partnerships on page 1. Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and /or Imprisonment. Misuse of TINS. If the requester discloses or uses TINS In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an Individual, you must generally enter the name shown on your income tax return. However, If you have changed your last name, for Instance, due to marriage without Informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in jolpt names, Oat first, and then circle, the name of the person or entity whose number you entered In Part I of the form. Sole proprietor. Enter your Individual name as shown on your Income tax return on the "Name" line. You may enter your business, trade, or "doing business as PEA)" name on the "Business name" line. Limited liability company (LLC). Check the "Limited liability company" box only and enter the appropriate code for the tax classiflcatlon ( "D" for disregarded entity, "C" for corporation, "P" for partnership) In the space provided. For a single- member LLC (including a foreign LLC with a domestic owner) that is disregarded as an entity separate from its owner under Regulations section 301,7701 -3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" line. For an LLC classified as a partnership or a corporation, enter the LLC's name on the "Name" line and any business, trade, or DBA name on the "Business name" line, Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name" line. Note. You are requested to check the appropriate box for your status (individual /sole proprietor, corporation, etc.). Exempt Payee If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the business name, sign and date the form. Generally, Individuals Occluding sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(i)(2), 2, The United States or any of Its agencies or Instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentafifies, 4. A foreign government or any of its political subdivisions, agencies, or Instrumentalities, or 5. An International organization or any of Its agencies or instrumentalities. other payees that may be exempt from backup withholding Include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer In securities or commodities required to register In the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate Investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial Institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described In section 4947 The chart below shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for... THEN the payment Is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions _ Exempt payees 1 through 13, Also, a person registered under the Investment Advisers Act of 1940 who regularly acts as a broker Barter exchange transactions Exempt payees f through 5 and patronage dividends Payments over $600 required Generally, exempt payees to be reported and direct i through 7 sales over $5,000' 'Sea Form 1099 -MISO, Miscellaneous Income, and Its instructions. iHowever. the following payments made to a corporation (Including gross proceeds paid to an attorney under section 6045(1), even N the attorney Is a corporation) and reportable on Farm 1099-MISO are not exempt from backup wilhhording: medical and health care payments, attorneys' fees, and payments for services paid by a federal executive agency. Part I. Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer Identification number (ITIN). Enter It in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single- member LLC that Is disregarded as an entity separate from its owner (see Limited liability company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN, If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at wwwssa.gov. You may also get this form by tailing 1 -800- 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS webslte at wwwJrs.govlbuslnesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W -7 and SS -4 from the IRS by visiting www.irs.gov or by calling 1- 800 -TAX -FORM (1- 600.829- 3676). If you are asked to complete Form W -9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For Interest and dividend payments, and.cedaln payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on ail such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Cautiom A disregarded domestic entity that has a foreign owner must use the appropriate Form W -8. Part Ii. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W -9. You may be requested to sign by the withholding agent even If Items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN Is shown in Part I should sign (when required). Exempt payees, see Exempt Payee on page 2: Signature requirements. Complete the certification as indicated in 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 1983. You must sign the certification or backup withholding will apply. if you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. Form W -9 (Rev. 10.2007) 3, Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" Include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (Including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account, Give name, and SSN of: 1..lndlvldual The Individual 2. Two or more Individuals Qoint The actual owner of the account or, account) if combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4, a. The usual revocable savings The grantor4m tee' trust (grantor Is also trustee) b. So,cailed trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an Individual For this type of account: Give name and EIN of. 6. Disregarded entity not owned by an owner individual 7. A valid land, estate, or pension trust al entity' 8. Corporate or LLD electing corporation carbonate status on Pon 8832 [The 9. Association, club, religious, organization chartable, educational, or other tax- exempt organization 10. partnership or multi- member LLD partnership 11. A broker or registered rwMnee broker or rrominea 12. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 'vat Arai end drdo the name of ine pe,aon whose nmnbor you fumleh, if only one person on a )elm eccoent has an SSN, that p.,VO number must be fuddshed. 'Grmle the minors name en furnish the Minors sea. You must show your Ind valual name and you my also enter your bus mas or -OM- name on the sown name Inn. You may use either your SSN or MN at you havp bid the IRS oncouregns you to use vow SSN. r 1.19 Red and dreln the name of the trust, estate, or pension Wai. tea not runtish the TIN of the personal represonlavve or frusta mass the legal orally itself Is not designated In the account title.) Am sa Spec /el ruin for'amrshfps oa pnga 1. Note. If no name is circled when more than one name Is listed, the number will be considered to be that of the first name listed Secure Your Tax Records from identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other Identifying information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. Call the IRS at 1- 800 - 829 -1040 If you think your identity has been used Inappropriately for tax purposes. Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAB toll -free case Intake line at 1- 877 - 777 -4778 or TTY/TDD 1 -800- 829 -4059. Protect yourself from suspicious emails or phishing schemes. Phishing Is the creation and use of email and websites designed to mimic legitimate business emails and websites, The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrendering private Information that will be used for Identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detalled Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other' financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@lm.gov. You may also report misuse of the IRS name, logo, or other IRS personal property to the Treasury Inspector General for Tax Administration at 1 -800- 366.4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.consumergovIldtheff or 1- 877- IDTHEFT(438- 4338). Visit the IRS websfte at www,fis.gov to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Sadion 6109 of the interest Revenue Code requires you to provide your correct TIN to persons who must too Information returns with the IRS to report Interest, dividends, and certain other Income paid to you, mortgage Interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contrbutlons you made to an IRA, or Archer MSA or HSA. The IRS uses the numbers for Identification purposes and to help vedfy the accuracy of your tax return. The IRS may also provide this information to the Department of Justice for oKM and criminal litigation, and to allies, slates, the District of Columbia, and U.S. possassloru to cony out their tax laws. We may also disclose this Information to other countries under a tax treaty, to federal and slate agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelilganee agencies to combat tomodsm. You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable interest, dividend, and certain other Payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. nTA- D9191ArIDOI WIM GklwlaKiel ll(Dibli m uin� to �maur<�s Da rD sdamah: � (DURrY D��RT�4f � turuRU ��S WIMUff DIfQW(DRS v ma t (hh) RESOLUTION NO.; 02 -091 -12811 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A COUNTY BY AN THROUGH ITS GRANT WITH DEPARTMENT OF AGREEMENT CULTURAL AIFFAIIRS N AN AMOUNT OF $1,669.00 FOR THE SOUTH MIAMI DR. MARTIN LUTHER KING {MLK}, JR. PARADE PROGRAMMING; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Miami -Dade County Department of Cultural Affairs has awarded a grant to the City of South Miami;. and WHEREAS, the Mayor and City Commission wish to accept the grant with Miami -Dade County Department of Cultural Affairs; and. WHEREAS, the grant agreement will allow the City to enhance Its MLK, Jr. Parade; and WHEREAS, the City Manager Is authorized to execute the grant agreement in the am. ount of $1,669.00. NOW, THEREFORE, DE 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 Miaml -Dade County Department of Cultural Affairs for $1,569.00 for the MLK, Jr. Parade, Section 2: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this v day of 2009. ATTEEyS'P nn AP(PRRO�VrE�D: CITY CLERK MAYOR <._ READ AND APPROVED AS FORM: COMMISSION VOTE: 4 -0 Mayor Feliu: Yea Vice Mayor Beasley: yea Commisslorier Palmer: m yea C„ l*Y T_fORNEY Commissioner Beckman: yea Include File Name and Path South Miami CITY OF SOUTH MIAMI 927 OFFICE OF THE CITY MANAGER �L O Cy p ° zoor INTER- OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission Via, W. Ajibola Balogun, City Manager 40 From: Carol M. Aubrun/' Grants Writer and Administrator Date' January 0, 2009 Agenda Item No. Subject: Affairs for Martin Miami's Luther Kingt, , Mia Miami-Dade County Department of Cultural Request- SOUTH RESOLUTION OFLORIDA, AUTHORIZING Y OF c{ `! MANAGER 7 MIAMI, 0 EXECUTE A GRANT AGREEMENT WITH MIAMI -DADE COUNTY BY AND THROUGH ITS DEPARTMENT OF CULTURAL AFFAIRS IN AN AMOUNT OF $11,669,00 FOR THE SOUH MIAMI DR. PARADE PROGRAMM NG7 AND PROVIDING FOR AN EFFECTIVE(DATEf. JR. Request: County Department i of Cultural Affairs agreement with Miami -Dade for the MLK, Jr. Jrr. Parade Reason/Need: The City of South, Miami has been awarded funds for the MLK, Jr. Parade from Miami -Dade County Department of Cultural Affairs as part of its Community Grants Program. The event will take place in February 2009, There Is a 1:1 required match that will come from the City's special events appropriation. Cost; N/A Funding Source: Miami -Dade County Department of Cultural Affairs Backup Documentation: • Proposed Resolution • Proposed Contract The Miami-Dade County Depatiment of Cultural ANalm and the Cultural Affairs Council, ths. Mayor and the. Board of County . Commissioners are pleased to announce that Miami -Dade County has awarded a grant as described herein to City of South Miami. p referred to is awarded a follows: grant award, scknowledglag that the Grantee is performing a public service through Its programs and r GRANTEE AND GRANT DESCRIPTION 2. GRANTEE: city ofsouth miami(EIN#696000431) 6130 Sunset Drive South MIMI, FL 33443 2, AMOUNT OF GRANT: 3, PROJECT: 4. ITEMIZED PROJECT BUDGET: 6. GRANT START DATE: 6, GRANT END DATE: 7. REPORT DEADLINE: $1,669 South Miami MLK Parade (d s p application attached hereto) as described In the Restatement of project Budget ttached 2/3612009 2/1612009 4/2/2009 - The Parties hereto have executed this Agreement on the ____,_, day of 20 MIAMI -DADS COUNTY, FLORIDA, by its BOARD OF COUNTY COMMISSIONERS" Cleric, Miami -Dade County Board of County Commissioners County Manager /Deslgnoe GRANTEE: Articles 1, II, Itl, IV and V, together with their exhibit$, the e and Restatement of project Budget, fofthe ra application and that the ai Affidavit, make up this grant award contract. In signing this artictr, the undersigned officials, an behalf of the Grantee, crrtll� that they have read and will abide by the terms and considerations set fodh to the General Terms and Conditions for Grants (Articles I, 111, IV and V) dated April; 20o6 as provided with the grant award package, and with those provisions outlined In the notarized and attached Universal Affidavit. Further, the Granter agrees that the funded projectwill be executed in substantlatly the form oullfned In the original application budget approved for funding; innattached Restatement Will of Project Budget es ofthe Communfry Grants Program program and within the scope of as (Grantee's Corporate Seat) Signature Authorized Offlcist 01 Printed NemeFTltte Authorized Otftetai #1 Signature Authorized WOW #2 Printed NamelflileAuthorFZSd Oftictal #2 Approved for form and legal sufiickncy by the MlamFD de County Atiomey(4!2099). ARTICLE ti 1. parties: ThapartIOS to the Grant Award Agreement, which shall be referenced herein as the "Agreement," are the Grantee listed in Article 1.1, and Miami -Dade County, Florida, a political subdivision of the State of Florida. The Horne Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County, and further provides that ail functions not otherwise specifically assigned to others under the charter, shall be performed under the supervision of the the Miami bade County Department of cultural Affairs, Who shalll be referred afar ed to herein tas Of the administering this grant to the Director of 2, Amount and payment of Grant Award: The total amount of the grant Is specified In Article 1.2. By making this grunt, Miami-Dade County assumes no obligation to provide financial support of any type whatever in excess of the total grant amount. Cost overruns are the sole responsibility of the Grantee, Grant funds will be supplied to the Grantee once the award is approved and subject to The conditions and limitations as outlined in the Agreement and its accompanying articles and attachments. Miami -Dade County's obligation to pay the award under the Agreement is contingent upon an appropriation by the Miami -Dade County Mayor and the Board of County Commissioners and on the availability of funds, in the event that County funds on which the Agreement is dependent do not materialize or are withdrawn, the Agreement Is terminated and the County has no further liability to the Grantee, beyond that already incurred by the termination date, in the event of a' County revenue shortfall, the total grant will be reduced accordingly. Such termination or reduction of the total grant shall not affect•the responsibility of the Grantee under the Agreement as to those funds distributed. 3. Project scription: The Grantee may use the grant only for the purposes which are specifically described in Article 1.3, designate as dacumenien e GranteeappllcaHan an n accordance whir the published guidelines of the grant progrhich this grant Is being awarded. Any necehanges (n the scope of te project are cited aded btt these ran Restatement Budget. Further, Ik is expressly u> ode public ex a ure and benefit ihetpublicunless otherwiise noted under grat funds mn and accessible to ilia pu p Article V, "Sptions," of tha Agreement. Minor project rev stone believed To be necessary for the purpose of campfeting the prbJeot, but which do not substantially alter fha orfginat project, Its qualify, impact, or benefit to the 0Manfzation, the County or its olttzens, must 6a requested in wilting tI the Director rml suifleiently prior to Imply' imp on of revisions for the Director's approval. Minor revsions !nc(uda, but are not limited to those 01 n se {1A) bug pr 1 days of the date ofhreceipf of thepequeist in thahDepadmenI olf Cuituno Afiairs oiti a anon on revisions wNhin fouttaen 4, profsoi 13udaet; The Grantee agrees to damonsfrate fiscal stability and the ability to administer grant funds responsibly and in accordanco wlffi standard accounting practices by developing and adhePmg to a project budget that is based upon reasonable revenue developmentand expenditures proJasted to accomplish the project covered under the AgreamenL 7h(s budget is all referenced fn Article 1,4 and (s atfaehed to tho Agreement as the Restatement of Project Budget, and the Grantee agrees that he expenditures w is be subject to the Terms of the Rgraamenf and wilt not stgn!lTcanily deviate from iha budget ihciuded as a part of the Gmntee'sprogram application or funding request information provided tothe MtamE -Dade County Department of Cultural Affairs. the Grantoe agrees and expressly understands that ariy grant budget revisions including line item changes necpssary for the purpose of completing the project must 0a requested in wrng to iha Diraator for his considaratlan prior to the Grant End Date stated in Article 1.6 and that any requested changes may not exceed twentydtva percent {25 %J of the total amaunt of the grant award. The Director will approve or disapprove the Grantee's request In wdting within fourteen 0 busines days of the date of receipt of the request in the Department's offices. 6. Grant End Date; The Grantee shall encumber all grant and matching funds on or before the Grant End Date as outlined Tn Adicia 1.6. Any grant funds not encumbered by the Grant End Date or for which a project extension has not been requested, or any encumbered funds not expensed within forty -five (45) days of the Grant End Date shall revert to the DepartmanI and the Agreement shall be terminated in accordance with Article 11.14, A project extension may be requested in writing from the Director at least thirty (30) business days priorfo the Grant End Date, The Director, at his discretion, may grant an extension of up to Pagel of8' 4e4ere[Terms and commons for Grenfs(0808) one (1) year of the Grant End Date so long as such extension will not significantly alter the project including Its quality, impact, or benefit to the organization, the County or its citizens, 6. Report Deadline: To demonstrate that the Grantee has used the grant award for the project as approved (Article W.) and the Itemized Project Budget (Article 1.4.) as attached to the Agreement as the Restatement of Project Budget, and has met and fulfilled all requirements as outlined to the Agreement, original application, and any other substantive materials as may be attached or Included as a condition to this grant award, the Grantee must submit to the Director or his designee, a written Final Report documenting that the Grantee Is reefing or has fulfilled all project and financial requirements. This report Is to be received by the Director or his designee by the date specified 16 Article V. In the form specific to the program through which this grant Is being awarded. The Grantee agrees and expressly understands that in making Final Report to the Department, any deviation from the grant expense budget attached to the Agreement as the Restatement of Project Budget must be requested In writing to the Director for his consideration prior to the Grant End Date stated in Article 1,6 and that any requested changes may not exceed twenty-five percent (25 %) of the total amount of the grant award. The Director, at his sole discretion, may require the Grantee to submit interim reports demonstrating progress on the project and accounting for project expenses to date. The Director may also require that a compilation statement or Independent financial audit encompassing the entire grant period and accounting for the expenditure of grant funds be prepared by an Independent certified public accountant at the expense of the Grantee. With the exception of grants made through the Major Cultural Institutions Grants Program, the Grantee shall attach to the Final Report; copies of original documentation conclusively demonstrating the exponditure of funds for the Items Indicated In the Restatement of Project Budget as grant award expenses, Documentation shall include, but not be limited to, copies seoriginal ated invoices, vouchers, receipts, and copies of oanceled checks (front and rear) clearly designaUrrg payment for expenses associated with the event. Cash transactions are not acceptable unless a copy of a contract, invoice, receipt or other documentation supporting such cash payment is received, marked "paid" and signed by the recipient of the cash. The Director reserves the right to request original documentation to substantiate grant expenditures. in the case of grants made through the Major Cultural institutions Grants Program, the Grantee shall submit an Independent financial audit of the fiscal year encompassing the grant period as part of Its Final Report, if an audit ts'not prepared In time to meet the Final Report deadline, a compilation statement encompassing the grant period prepared by an independent cerllfled public accountant'or corporate financial officer, attesting to the Grantee's financial position as reported and to the Grantee's total compliance with the provisions of the grant, may be submitted in the Interim until such.time as the final audit is available. In the event that the Grantee fails to submit the required Final Report by the deadline date specified in Article this the Director before the terminate the Agreement in accordance with Article U.14, Further, the Director or his designee must approve report Grantee Is deemed to have met all conditions of the grant award. 7: Program Manitortng and Evaluation: The Director or his designee may monitor and conduct atf evaluation of the Grantee's operations and the project for which this grant is provided, which may include visits by County repress tetives to: observe the project or Grantee's programs, procedures, and operations; discuss the Grantee's programs with the Grantee's personnel; and /or evaluate the public impact of these funded events and activities. Upon request, the Grantee shall provide the Director with notice of all meetings of its Board of Directors or governing board, general activities and project - related events. In the event the Director or his designee conclude, as a result of such monitoring Witlor evaluation, that the Grantee is not in compliance with the terms of the Agreement, is not fulfilling other program requirements or stipafaI ns for which this Grant has been provided or for other reasons which signlflcantly impact on the Grantee's ability to fulfill the conditions of this grant award, the Directar or his designee must provide h writing to the Grantee, within thirty (30) days of the date of said moniforingleValuailon, notice of the inadequacy or def(eianeies noted whlch may s(gnIf can' impact on the Grantee's ability to complete the project or fuiUll time terms of the Agreement within a reasonable time frame. if Grantee refuses or is unabia to address the areas of concern within shirty (30 days of receipt of such notice, the Director, at his discretion, mayiakI other actions, which may include the wBhhoiding, reduction.or rescission of grant funds until such time as the Grantee can demonstrate chat such issues have been corrected. Further, In the event that the Grantee refuses or is unable to address the areas of concern and the grant award has been disbursed in full or in part, then the Director may request the return of the full or partial grant payment. At the Director's sole discretion, a Grantee found to be deficient or In default of a previous grant contract may be declared permanently ineligible to apply to the Department of page20B General terms and owdunnsfaoranls(040e) Cultural Affairs' grants programs. Reinstating the Grantee's engibllRy to apply is also at the DirecfoPs sofa discretion, and may only be considered subsequent to all deficient areas on prior grans having been addressed to the satisfaction of the Director. if Grantee is not in compliance with the conditions of any other County agreement, the Director, at his discretion, may take other actions, which may include the withholding, reduction or rescission of grant funds until such Jima as the Grntee can demonstrate that such issues have been corrected. 8, Ban Accounts: Monies received pursuant to the Agreement shaO be kept in accounts in established Florida banks, credit unions or savings and loan assoc(ailans whose identity shall be disclosed in writing, with the identity and title of Individuals whom the Grantee authorizes to withdraw or write che eks on grant funds from ha banking Institution Identified on the "Bank Amount ad ma maintained by the Grantee. However,iit is highly recommended that the G ntee maintain a s parate account for h se. g ant funds nts g, ecounfin and P nanctal Revlew: The Grantee must keep cc aurate and complete books and records for all receipts and expenditures of this grant award and any matohng funds required In conformance with reasonable general accounting standards. These books nd records, as well as all documents pertaining to payments received and made in conIlmotlen with'his grant, such as vouchers, bills, Invoices, recelpts and canceled checks, shalt be retained in Miami -Dade County in a secure place and In an orderly fashion by the Grantee for at least two (2) years after: the Grant End Date specified in Article. LB.; the expiration of an extended grant period as approved by the Director, the completion of a County requested or mandated audit or compliance review; the conclusion of a legal action involving the grant award, the Grantee and /or projector activities related to the grant award. The Director or his designee may examine these books, records and documents at the Grantae's offices or other approved site under the direct control and supervision of the Grantee during regular business hours and upon reasonable notice. Furthermore, the Director may, upon reasonable notice and at the County's axpnse, audit or have audited all financial records of the Grantee, whether or not purported to be related to this grant. qp, Fuhticlty. and Credits: The Grantee must Include the following credit One in all promotional and marketing materials related to this grant including web sites, news and press releases, public service announcemnts, broadcast media, avant programs, and Mlarn -Dade Wth tile andpBoa d of County) Commissioners.' ssionerD' The gnrntee must to so Use the Cultural Affairs logo inmarkefing and publicity materials whenever possible. Please call the Departmnt to request an sleeironlo logo file or download it from our websIle iwvrvr mlarnidadeads.om). By ccepturate county I contributors the mate Is required r of tits recognize as at comparable dollar lamt -Vade County's grant support in a manner Grantees through the Department's All Kids included Initiative, Summer Arts and Science Camps for Kids (SAS -C), Youth Arts Enrichment program (YEP), and Youth Arts Miami (YAM) grants programs must Include The Childress Trust logo (available for download of wwwihechildrsnsirustorglMedia Ktasp and the following statement in all,materfals related to the grant project, ncluding but not limited to newsletters, press releases, brochures, Ners, welesites or any othsr materials for dissemination to the media or general public: slab) shed by voter referendum er ndum name) is improve the lives of cthildren and fam lies In Mlamt•Dade Conlyutoa of revenue Note; in cases where funding by The Children's Trust represents only a percentage of the grantee's overall funding, the above language can be altered to read: 'The (Insert event/program name) is funded in part by The Children's Trust ........." tq, Liability and Indemniflcationa it Is exptO" understood and intended that the Grantee, as the recipient of grant funds, is not an officer, employee or agent of Miami -Dade County, its Board of County Commissioners, Its Mayor, the Department of hereto Affairs or the that the Grantee,) I Affairs ts officers, agents and employeesare Independent contractors, grant project or activity, ha parties page oft Ganerai7erms andCerdgonsfor Gfenls (412000) The Grantee shall litake act as actions or give the May hat of an agenttservant, joint venturer, colaborat�oraoripartner Of Department of Cultural Affairs, the Cultural Affairs Counc1, the Mlaml•Dade County Mayor, the Miami -Dade County Board of County Commissioners, or its employees. The Grantee agrees to be responsible for all work performed and all expenses Incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth In the Agreement, including entering into subcontracts with vendors for services and commodities, provided that it is understood by the Grantee that Miaml -Dade County shall not be liable to the subcontractor subcontractor for all expenses and or liabilities incurred under under the subcontract, t and that the Grantee shall be solely liable to the The Grantee shall indemnify and hold harmless the County and its officers, employees, agents and Instrumentalities from any end all liability, losses or damages, including attorneys' fees and costs of defense, which the County or Its officers, employees, agents or I ishmentaities may incur as a result of claims, demands, lawsuits, causes of actions or proceedings of any kind or nature arising out of, relating to or'esuiting from the performance of the Agreement by the Grantee or Its employees, agents, servants, partners, pdnolpals or subcontractors. The Grantee shall pay all claims and losses in connection therewith and shall investigate and defend all claims suits, or actions of any kind or nature to the name of the County, where applicable including appellate proceedings, and shall pay ali costs, judgments, and attorneys' fees which may Issue thereon. The Grantee expressly understands and agrees'that any insurance protection required by the Agreement or otherwise provided 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. 12. Assignment: The Grantee is not permiUed to assign this grant award or any portion thereof. Any purported assignment will render this grant null and void end the Grantee shall be subject to immediate rescission of the full amount of the grant award and reimbursement by the Grantee of its full value to the County. 13, remnnancs whir Laws: it shall be a contractuat obligation of the Grantee hereunder, that during the term of the Agreement, the Grantee agrees to abide by and be governed by all applicable federal, state and county laws and the terms of grants made grant Is a sMiami-Dade ub igrant, Including, but not trotted to the following Department amt Dade Cultural Ordinances, ances, Res luttions sections t of the County Code and federal laws: (a) County Ordinance No. 72.82 - Miami -Dade County's Conflict of Interest and Code of Ethics Ordinance - as Section 2=8,1which f the Miaml -Dade County Code Ownership DI closu eheretn; {�) County Ordinance No. 90.133- Amending See. 2 -8.1; (d)(2) - Employment Disclosure; (d) Secti pn2 -8.6 -of the county Code - CriminatRecord, (e) County Resolutions R- 202 -96, R-205-98, R43211.99; ({} County Ordinance No. 92.16 codifled as Section 2 -8.1.2 of the County Code - Employment Drug -free Workplace; 91 (g) County Ordinance No. 142 - codiUad as Section 11A 29 et, seq. of the County Code — Family Leave; County Resolution R- 386-96- Miami -Dade County Disability Nondiscrimination AiUdavit, incorporating the following Federal laws and Ads: (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 228 and 611 including Title I, Employment Title 11, Public Services; (3 Title IIi, Public Accommodation and Services Operated by private Entities, and Section 604 of She Rehabiliatton Act of 1973; 1 (4) T(Ue 1V, Telecommunications; Tire V, u provisions: U.S.C. Rehabilitation (5) amended 49 Sect on162; The Fair House Act as amended, 42 Federal Transit Act as U.S,C. Section 3601 - The foregoing requirements of this section shall of pertain to contracts with the United, States or any department or agency thereof, or the State or any political subdivision or agency thereof or any municipality of this State; (h) Section 2.8.1(c) of the County Code regarding Delinquent and Currently Due Fees or Taxes; pegs 4 orb esneml Termssnd Genduons tot emnrs(02008) (i) Resolution R- 1206.07 regarding Welfare Reform Work Participation. The Grantee has certifiably indicated compliance with these laws, ordinances and resotullons by property executing the afFldavits attached hereto. Further, all funded activities must provide equal access and equal opportunity in employment and services, and may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, familial status, sexual orientation or physical ability, in accordance with Title VI and Title VII of the Civil Rights Act of 1984, the Age Discrimination Act of (ADA) Title IX Education the Rehabilitation Act of 1973, andeMiami -Dade County ordinances No. 7170, § with , 2-25-97 Disabilities No� 98-17, § 1,12- 1.98. 14, Remedios, in the event the Grantee shall fall to materially conform with any of the provisions of the Agreement or its attachments referenced herein, the Director may withhold or cancel ail, or any, unpaid Installments of the grant upon giving five (5) calendar days written notice to the Grantee, and the County shall have no further obligation to the Grantee under the Agreement. Further, In the event of a material breach of any term or condition of the Agreement, upon M (6) calendar days written demand by the Director, the Grantee shall repay to Miami -Dade County all portions of the grant which have been received by the Grantee, but which have not actually been disbursed by the Grantee as of the dale that the written demand Is received. in the event this grant is canceled or the Grantee is requested to repay grant funds because of a breach of the Agreement, the Grantee may be declared, permanently Ineligible to apply to the Department of Cultural Affairs' grants programs. Reinstating the Grantee's eligibility to apply is also at the Dlreclol's sole discretion, and may only be considered subsequent to all deficient areas on prior grants having been addressed to the satisfaction of the Director. Further, the Grantee will be liable to reimburse Miami -Dade County for all unauthorized expenditures discovered after the expiration of the grant period. The Grantee will also be liable to reimburse the county for all lost or stolen grant funds. Grant funds which are to be repaid to Miami -Dada County pursuant to this Section or other Sections In the Agreement, are to be repaid by delivering to the Director a certified check for the total amount due, payable to the Mieml -Dade County Board of County Commissioners. These provisions do not waive or preclude the County from pursuing any other remedy, which may be available to it under (he law. 15, Indulgence Will Not Be A Waiver of Breach: The indulgence of either party with regard to any broach or failure to perform any provision of the Agreement shall not be deemed to constitute a waiver of the provision or any portion of the Agreement either at the time the breach orfailure, occurs or at any time throughout the term of the Agreement. 16. Written Notices: Any written notices required under the Agreement will become effective when delivered in person or upon the recalpt of a ceditted latter addressed to the Grantee at the address specified in Article 1.1 of the Agreement, and to the Director when addressed as follows: Director, Miami-Dade County Dapadment of Cultural Affairs, 111 NW First Street, Suite 825, Miami, Florida 33128. 17, cabttons Used In thb Agreement: Captions as used in the Agreement are for convenience of reference only and should not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 18. Contract Re resell iota) Agreement: The Agreement, including its speclal conditions and attachments, represents the whole and total agreement of the parties. No representations, except those contained within the Agreement and Its attachments, are to be considered in construing its terms. Other than as specked in this agreement, no modifications or amendments may be made to the Agreement unless made in writing, signed by both parties, and approved by appropriate action by the Miami- Dade County Board of County commissioners and Mayor. ARTICLE III - INSURAKE The Grantes must maintain and shall furnish upon request to the Director or his designee, certificates of insurance indicating that insurance has been obtained which meets the requirements as outlined below: page 5016 Genaral Tams eAd Condiponsfaerenls(412d(5) 91 Workers' Compensation Insurance for all employees of the Grantee as required by Chapter 440, Florida Statutes. 2. Public liability Insurance on a comprehensive policy in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage, 3, Automobile Liability Insurance covering all owned, non -owned and hired vehicles used In cogneptlon with the project, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. The 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 "V as to the 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, 2. The Company must hold a valid Florida Certificate of Authority as shown in the latest °List of AN fns s ante Companies Authorized or Approved to Do Business in Florida: Issued by the State of Florida Department of Insurance, and is a member of the Florida Guaranty Fund. Certificates must indicate that no modification or change In Insurance shall be made without thirty (30) days advance written notice to the certificate holder. Modification Or waiver of any of the aforementioned insurance requirements Is subject to the approval of the County's Risk Management Division, The Grantee $half notify the county of any intended changes in insurance coverage, including any renewals of existing policies, ARTICLE iV• TERMINATION If, for any reason, the Grantee shall fail to fulfill in a timely and proper manner ifs obligations under the Agreement, or should violate any of the covenants, agreements, or stipulations of the Agreement, the County shall thereupon have the right to terminate the! Agreement by giving written notice 10 the Grantee of such termination and specifying the effective date thereof, at least five (5) days before the effecftva date of such termination, Notwithstanding the above, the Grantee shall not be relieved of liability to the County by virtue of any breach of the Agreement by the Grantee, and the County may, withhold any payments to the Grantee until such time as the exact amount of damages due to the County from the Grantee is determined. ARTICLE V- SPECIAL CONDITIONS Indirect costs may not be assigned to, charged against or debited from County grant funds, pages ore Genorel Terms and Cono7Gons for area ffi(40811) MJAMhDADE COUNTY DEPARTMENT OF CULTURAL AFFAIRS RESTATEMENT OF PROJECT BUDGET Fiscal Year f program: Organization Name: Dates of Artivittes: Necessary changes in the project (If any): itemize cash expenses to be expended from the grant award. Expenditures must equal the total amount of the grant award as listed on the Grant Award Agreement. Round amounts to.tho nearest dollar (do not show cents). NOTE: he Items $PeOlflforlm this budget must correspond with the Grant Dollars Allocated column of theproectEx p your ouroriginal app l GRANT AWARD PERSONNEL ADMINIsTRATNE: ART= TECHNICAL: OUTSIGEARTIsym Fees: OUTSIDE OTHER FEES: MARKEDNGIPUeuonY PRINTING POSTAGE INCoumTRAVEL OUTOFCOUNTYTRAVEL-.--.----- RQUIPMENTRENTAL EO)APMERrpURCnasE SPAMRERTAL INSURAROE UnLmE$ SUPPLIESIMATERMS OTHER COSTS (1100)r TOTAL GRANT AWARD: Page9 GS2 RetUtemobtafP ,olootaudget(BROD41 a List cash and In-kind expenses and revenues speciflcal(y identified with your prolecftseason. Round amounts to the nearest dollar (do not show Cents), NOTE: Total project expenses and revenues must equal. CASH CASH REVENUES 1NQ111) 'EXPENSES IN-KIWI) . PERSONNEL ADMINISTRATIVE: ARTISTIC: TECHNICAL: GUTS1aEARTISVOFEES: ---- -- OUTSiDEOTHERFEES: MARKETINGIPUBLICITY PRINTING µ-�---"" —" POSTAGE INCOUNTYTRAVEL OUTOPCOUNTYTRAVEL EaVIPMERTRENTAL EQUIPMEiTPORCNASE SPACE RENTAL INSURANCE UTILITIES SUPPLIESINIATERIALS AUM156SON5 CONTRACTEDSEIM056 TUITIONS CORPORATE SUPPORT FOUNDATIONSUPPORT PRIVATEIINDIVIDUAL SUPPORT GOVERNMENT GRANTS: ' FEDERAL STATE LOCAL APPLICANT CASH ONHAND OTHERREVENNES OEM)* OrNER COSrs prEMitE). GRANT AWARD SUB TOTALS: TOTAL EXPENSES: 5UB TOTALS: TOTAL REVENUES: Prtlntt4> SI6PIStlRf DtfE log lyflo EW 31N MIAMI DARE COUNTY DEPARTMENT OF CULTURAL AFFAIRS UNIVERSAL AFFIDAVIT Each section of this form must be read, and initiated indicating acceptance andlor compliance with the County s poifoy related to the partioular affidavit. For affidavit sections that you do not believe are applicable to yourorgdnfzatton, please indicate this by placing NIK in the blank and your initials next non completed on the H.lda� t will Tende� he entire COMPLETED, ver[sal Affidavit hall a[nd void and itw fit be returned Mio you for completion �B Sections not The MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT, MiAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT, MIAMI - DADE COUNTY CRIMINAL RECORD AFFIDAVIT, and MIAMI -DADE COUNTY DISABILITY NONDISCRIMINATION AFFIDAVIT shall not pertain to contracts with the United States or any departments or agencies thereof, the State of Florida or any politcal subdivision or agency thereof, or any munfc[pslty of this State, The MIAMI -DADE COUNTY FAMILY LEAVE AFFIDAVIT shall not pertain to contracts win the United States m any of its departments or agencies, the State of Florida or any political subdivision or agency thereof, It shall, however, pertain to nnrntdpai l es of the Slate of Florida. [ being tire[ duty swom state: (Name of Atlant l Authorized OCficlai} The full legal name and business address of the person(s) or entity, contracting or transacting business with Miaml -Dade County are (Post Office addresses are not acceptable): Federal Employer Identlfica0on Number Name of Entity, individuails), Partners, or Corporation Street Address City state Zip Code 1. MIAMI.DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2.8.1 of the County Code) 1, if the contract or business transaction Is with a corporation, the foil .legal name and business address shall be provided for each officer and director and each stockholder who holds directly or Indirectly five percent 0%) ar Moro of the corporation's stock. If the business contract business transaction transaction wlfhoal trust hie full legal rsname and raddress shall be provided provided rr each tfruste and each beneficiary, The foregoing requirements shall not pertain to contracts With publicly traded corporations or to contracts with the United States ar any department or agency thereof, the Slate of Florida or any political subdivision or agency thereof or any municipality of this State. Alt such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % 2, The full legal name and business address of any other individual (other than subcontractors, material men, suppHsrs, laborers, or lenders) who have, or will have, any Interest (legal, equitable, beneficial or otherwise) in the contract or business transaction with Mlaml�Dade County are (Post Office addresses are not acceptable): 3. Any person who w+llf rgy falls to disclose the Information required herein, or who knovAngiy discloses false information in this regard, shall be punished by a fire of up to five hundred dollars ($600) or imprisonment in the County )alt for up to sixty (60) days orboth. Unwersal Arndavlts (112007) Page I of 4 It, MiAMhDADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance No. 90433. Amending seo. 2.84: 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 dollars ($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 dopadrnenl or agency thereof, the State or any political subdiVslon or agency thereof or any municipality of this State. 1. Does your firm have a ooilecgve bargaining agreement with your employees? _Yes —No 2. Does your firm provide paid health care benefits for Its employees? —Yes . _,„.,No 3. Provide currentbreakdown (number of persons) of your firm's work force and ownership so to race, national origin and gender. White: _Males _.Females Black: —Males „_.Females Hispanic: Mates _Females NativeAmerioan: ._.,..Males .Females Asian: _....Males _,..:Females Aleut (aldmo): Mates Females _Males _Females III. MIAMI.DADE COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.8 of the County Code) The indNlduai or entity entering into a contract or receiving funding from the County has _ has not as of the date of this afgdavlt been convicted of a felony doting the past ten (10) years. An officer, director, or executive of the entity enledng into a contract or receiving funding from the County — has _ has not as of the date of this affidavit been convicted of a felony during the past (10) years. IV. M1AMI.DADE COUNTY EMPLOYMENT DRUGGFREE WORKPLACE APFIDAVIT (County ordinance No. 92 -15 codified as Section 28.1.2 bf the County Code) That in complianoe with Ordinance No, 92 -15 of the Code of Mlami-Dade County, Fodda, the above named person or entity is providing a drag -free workplace. A wdNen statement to each employee shalt Inform the employee about: 1, danger of drug abuse in the workplace; 2. the firm's policy of maintaining a drug-free environment atall workplaces; 3. avaliablifty of drug counseling, rehabilitation and employee asslstance programs; 4. penalties that maybe imposed upon employees for drug abuse violations. The person or entity shelf 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 orlminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropdatepersonnel 804011 against the employee up to and including termination. Compliance with Ordinance No. 92.15 may be waived if the special cbaraclerisgcs of the product or service offered by the person or entity make It necessary for the operation of the County or for the health, safoty, welfare economic benefits and well-being of the public. Contracts Involving funding which Is provided in whole orin part by the United States or the Slate of Florida shall be exempted from the provisions of this ordinance In those IRatan0e6 where those provisions are In sonfilct with the requirements of those governmental enfilles. V. MIAMI -DADS COUNTY EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County ' Ordinance No. 142-91 codified as Seoiton 11A -29 et, seq. of the County Code) or more That In emptoyees working 1 Mllemt -Dade county fo ;each wooing day dunngaeacIt twenty (2) orgmorre calendarwotk weeks, fifty (60) vide the following information in compliance with all Items in the aforementioned ordinance: Universal Aflidavla 0007) Page 2 of 4 An employee who has worked for the above firm at (Gast one (1) year shall be entitled to ninety (90) days of family leave during any elan a who has a se os period, health condition without dsk Off term ation of employmenttor employers re all iion.ahiid, spouse arother close Floorida or any political subdivision oragenOyiherefcontracts , it shall, however pertain to municipalities of this tSti agency thereof, or the Stele of A, MIAMI.DADE COUNTY DISABILITY NONDI$cRINrN1A7IDM AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance will and agrees to continue to comply with, and assure that below any sabooniractor, or third party contractor under this protect complies with all applicable requirements services, lawsr listed ration, Including, but not limited to, those provisions pertaining to employment provision Of programs and communications, access to facilities, renovations, end new construction in the faliewing laws: The Americans with Disabilitas Act of 1990 (ADA), Pub. L. 101336,104 Slat 327, 42 U, S, C. 12101.12213 and 47 U. S. C, Sections 226 and 611 including Title 1, Employment; Title 16 Public Services; Title lit, Public Accommodation and Services Operated by Private Entities; This IV, Telecommunications; and TWO V, Mlscelleneous provslons; The Rehabilitation Act of 1973, 29 U.S.C, Section 794: The'Federal Transit Act, as amended 49 U .$, C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section $601 -3631. The foregoing requirements agency thereof or any municipality h of this United or any department or agency thereof, or the State at any Political the VII. MIAMI,DADECOUNTY AFFIDAVIT REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec, 2- 8.1(e) of he County Code). Except for small purchase Orders and sofa source contracts, the above named firm, Oorporalian, organization Or Individual desiring to transact business or enter Into a contract with the County verifies that all delinquent and currenify due fees or axes -- Including but not limited to real and property taxes, utility taxes and occupational licenses — which are collected In the normal course by the Mambbado County Taff Collator as well as Miami -Dade County issued parking tickets for vehldas registered in the name of the ti m, corporation, organization or Individual have been paid. VlrL MIAMFDADE COUNTY WELFARE REFORM WORK PARTICIPATION AFFIDAVIT (Resolution R- 702 -98, as amended by Resolution R- 358.99), Please check one of the 10110v8119 options: This artily is a governmental entry and is thorefOra exempfimm the provisions of Resolution No. R- 702 -98, as amended by Resolution H- 356.99. This entry. Is a not - Ir -poitt organization and is therefore exempt from the provisions of Resolution No. R -702- 98, as amended by Resolution R- 358.99, This entry I$ a recipient of a grant award and is therefore exempt from the provisions of Resolution No. R-702- 98, as amended by Resolution R358.99. This entity has a contract with the County that results In actual payment of less than $500,000 and is therefore exempt from the provisions of Resolution No. R- 702.96. This entity can demonstrate that five percent (6%) of its work force consists of individuals who reside In Miami- Dade County and who have lost or who Wit lose cash assistance, benefits (fomrerty Aid to Families with Dependent Children at "AFDC`) as a result or the Personal Responsibility and Work opportunity Reconciliation Act of 1996, and Ihereficre, requests a waiver of the requirements of Resolution No, 11402-98, as amended by Resolution R•358 -99. This I contribute o a contract ydrin the P of ct Fresh Start the County's we tare to workfnStativeObasedon the following scale sciatic, lithe aptly, has a contractwllh the County that results In actual payment of an amount between: $500,000 to $1,000,000 then that amity Shall contribute $6 ,000• $1,000,001 to $5,000,000 then that entry shall contribute $10,000 $10,060,001 and over v0,000 hen that eniv shall contribute $25 000 Universal Aeidavlts (212007) Page 3 of 4 IX, ATTESTATION REGARDING DUE AND PROPER ACKNOWLEDGEMENT OF COUNTY FUNDING SUPPORT By initialing this subsection and accepting County funds, the above named firm, corporation, organization or individual agrees to abide by the grant contract requirement to recognize and acknowledge Mleml -Dade County's grant support In a manner commensurate with all contributors and sponsors of Its activities at comparable dollar levels. I have carefully read this entire four (4) page document entitled, `Universal Afffdavll" and have Initiated all affidavits that pertain to this contract and have Indicated by "NA° all affidavits that do not pertain to this contract. (Signature ofAfflant) (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this day of 20 _ by He! She., Q has produced asidentlocatlon. (Type of identification) Notary Public (Signature of Notary) (Name of Notary Typed, printed or Stamped) State of Florida -County of Imprint of Notary Seat UnlYernIAmdura (4007) Page 4 of 4 Form K9 Request for Taxpayer (Rov, Odobor 2007) Identification Number and Certification ar n Business n4ma, If different from aboVa o �S Check appropriate box; IndlAduallSolo proprietor ❑ Corporation i=i Fadeorehlp ❑ Umltod Ilaolfify company. Enter the tax ctasalneatba (D =dlsrogardad entity, C =corporation, P= Pe1Insrs110 OU18t (SeB )a5t( S'a' 5) A RaguenWYs ram¢ i �j Adaress ( number, street, and apt. or suite no 0 Clty, slate, and ZIP coda j L(sl account numbers} Mrs (opUonap N hookup wit ha In Fort Individuals this this Is your Rooter security number (SSN). Now However, for a resident avoid Allen, note proprietor, or disregarded entity, see the part 1 Instructions onspa e w For other entoln page 3. your employer identification number pt,;i, If you do not have a number, get Note, if the account is in more than one name, see the chart on page 4 for guidelines an whose number to enter. Give form to the requester. Pa not send to the IRS. pxempt payee aocffit secudly number or Under penalties of perjury, I oertlry that: t, The number shown on this torn Is my correct taxpayer Identification number (or I am wolfing for a number to be Issued to me), and 2. tam not subject to backup whhhotaIng because; (a) i am exempt from backup withholding, or (b) I have not been notified by the intemat noilUed meeUlat t(am3nohlongamsub)anttta backup a' it" dding and result of a facture to report all interest or dividends. or (c) rho IRS has be 3. i am a U.S, onizen or other US• person (del(ned bebw). Corttttoatton instttzcttono. You must cross out Item 2 above IF You bva bean notified by the IRS that you are currently subject to backup withholding because yopu havo felled to repon all interest and dividnds on your I" return. For reef estate fransaatkna, item 2 does not apply. Ran aonsngement Qt?P•)�and getieraly payments other than tntemet erd dlvidendsQyoueaiotnotorequke,d ?o contributions the Oen}t cetioln� but retirement WII ban provldo your correct'0N. Sae Use IRSttaWIA A on gaga 4. . r Genera! instructions Section references are to the Internal Revenue Code unless otherwise noted, Purpose of Form A pnrson who Is required to file en hdormation return with the tRs must obtain your cottect taxpayer tden119rxUon number (TIN) I report, for exempla, Income paid to tea'80, atn tra east mortgage fntereat you paid, acquisltlon or Ronndonmant of secured property, aancallstion of debt, or contributions you made to an IRA• Use Form W -g only If you arc a U.S. parson (irwtd(ng n ras)dent alien), to prnvtde your correct TIN to the person requesting it (the requester) and, when appfinable, to: i. Certify that the 71N you am giving 4s none (nr You are wa fit ng for a number to bs Issuort}, 2. Certify that you are not subject to backup withholding, or axe p! payaee Ifpapvvlicablebganu epra also aer�fytng that es a S a U.s beds oQbustnesbs not subject Sti ha wt2lirbolding fax ton foreign padnera' share of etfacttVety connected income. Nato. If a requester gives you a faint other than Form W -9 to substatttially (mllaTO[o this FonniW-g�quester's fomt (E It to bofintilon of a U.S, parson. For federal tau purposes, you are considered a U,S, person 9 YOU are: • An individual who Is A U.S. olfil or resident lien, or • A partnership, corporation, company, o organized in the United States or under the taws of the United States, a An estate (other than a foreign estate); or • A domestic trust (as daffned In Regulations section 3613701 -7), Special rules for partnerships. Partnerships that conduct a p y a withholding tax the Untied on AM foreign partners' share I of(ncome from such business. Further, in certain cases where a Form Wg has not been received, a. partnership Is required to Presume that status and avoid withholding on your snare or pannsrsnip ncome. The person who gives Form W -e to the patinarshtp for purposes of establish)ng Its U,S, status and avoiding withholding an fts allocable share of net Insoms irnm the Partnership conducting a trade fir business in the United States s Is is In in the .following cases: s Ths U.S, owner of s disregardsd entity and not the entity, Cat. Na. 10231% Form W-9 (Rev. 10.20071 Form w-e (Rev. to -zoor) page 2 s The U.S, grantor or other owner of a grantor trust one[ not the trust, and s The U.S. trust (other than a grantor trust) and not the benefioiades of the trust. Foreign person, If you are a foreign person, do not use Form W -91 Instead, use the appropriate Form W -8 (sae Publication 616, Withholding of Tax on Nonresident Aliens and Foreign Entftles). Nonresident alion who becomes a resident often. Generally, Sol a nonresident alien Individual may use the terms of a as treaty rp reduce or eliminate U.S. fax on certain types of Income. However, most tax trestles contaltt a provision known as a 'saving 01aur; " ccepttona specified in the saving clause may ermit an exemption from fax to dontinua for csdain types of Pnnnma even after the payee has otnenvtse benomS a U.S, resident alien for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained in the saving clause eE a tax treaty to claim an exemption irom U.S, tax on certain types of income, ynv must attach a staFernenf to Farm W -9 that specifies the following five Items: 1, The treaty country. Generally, this must be the same frosty under *blob you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing The Income, a. The article number (or location) in The tax frosty that contains the saving clause and Its exceptions, 4. The ty pe and amount of income that qualifies for the .exemption from tax. 6. Sufficient facts to justify the exemption from tax under the terms of iha treaty article. =.- o,,,.ae e.n„t,. on �f the 118 -China Income tax treaty allows U.S law, this student will become a resident often for tax purposes 9 his or her stay in the United States exceeds 6 calendar years. However, paragraph 2 of the first Protocol to the U,S, China treaty (dated Aprii 80, 1084) allows the provisions of Article 20 to continua to applq even after the Chinese student becomes a resident alien of the Untied States, A Chinese student who qualities for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption Nom Lx on his or her scholarship or fellowship ............. .......ia "o—r, t„ Vnoo WA e, statement that Includes the baockup ore ithhoid(nr, give the rreequester the apps Priate subject tn. completed Form W -8. What is baokup withholding? Persons making certain Ire menu to you must under certain conditions withhold and pay to tho IRS 28% of such payyments, This to called "baoku withholding." payments that may be subject to backup withholding Include Interest, tax- exempt Inter est, dividends, broker a0d barter exchange an One, roots, royeities, nonemplayea pay, and certain, paymenis from itshing boat opa tore, Real estate transactions are not subject to baokup withholding. You will not be subject to backup withholding on payments you receive it you give the requester your correct 71N, kettle proper psrtbn you ns, return ort ail your taxable Interest and Payments YOU receive will be subject to backup withholding IF, 1, You do not furnish your TIN to the requester, 2, You do not certify your TIN when required (see the Pad li Instructions on page 3 for details), , $. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup dividends on your tax return not epontable your nd a� dividends only), or S. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup Instructions for the RInstructions quester of Form W g the separate Also see Spsctal rules for parteomhlps on page 1, Penalties Failure to furnish TIN. If you fats to furnish your correct TIN to a requester, you ere subject to a penalty of $60 for each such falfurs unless your failuro is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to with lid if cu make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $S0o penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to crim(nal penalties Including lines and/or imprisonment. Mfsuso of TINS, if the requester discloses or uses TINS in violation of federal law, the requester may be subjeot to civil and criminal penalties. Specific instructions Name If you are an Individual, you must generally enter the name shown on your Income tax Tatum. However, if you have ohenged your last name, for instance, due to marriage without Informing the Social Security Administration of the name change, enter your first name, the last name shown on your soolal security card, and your new last name, if the account Is In joint names, list first, and theft circle, the name of the person or softly whose number you entered in Part I of the form. solo proprietor. Enter your Individual name as shown on your Income tax return on iha "Name' line, You may enter your business, trade, or "doing business as (OSA)" name on the Business name line, Limited liability company (LLC), Check the "Limited ilobill company" tiox only and enter the appropriate code for iha ax classification (' D" for disregarded entity, "C for corporation, "P" for partnership) In the space provided. For a singio-me rbor LLG Qnoluding a foreiggn LLC with a domestic owner) that Is disregarded as an ontlpr separate from Its owner under Regulations section 301,7701 -3, enter the owner's name on the "Name" line. Enter the LLC's name on the "Business name" lies, For an LLC classified as a partnership or a corporation, enter. the LLC's.name, on the "Name" fine and any business, trade, or OBA name on the "Business name" line. other entities, Enter your business name as shown on required federal tax documents on the "Name° tine. This name should match the name shown an the chaser or other legal document creating the entity. You may enter any business, trade, or OBA name on The "Business namoP Me. Note, You are requested to check The appropriate box for your status (indlvidual/sote proprietor, corporetion, Sic.). Eacempt Payee if you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, Then check the "Exempt payee" box In the line foflowing the business name, sign and data the form. Form w-9 ¢tov. 10.2007) page 3 Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest and dividends. Note, If you. ors exempt from backup withholding, you should st ll compputte this form to avoid possible erroneous backup w�thholdSno. The following payees are exempt from backup whhholding: 1, An organization exempt from tae under seotlon 601(a), any IRA, or a custodial account under section 403(6)(7) If the account satisfies the requirements of section 401(q(2), 2. The United Slates or any of Its agencies or Instrumenta0lies, S. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrument lffles, 4. A foreign government or any of Its political subdivisions, agencies, or Instrumentalltles, or S. An international organization or any of Its agencies or instrumentaiitles, other payees that may be exempt from backup withholding Include: S. A corporation, 7. A foreign central bank of Issue, 8, A dealer In securities or commodities required to register In the United States, the District of Columbia, ore possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate Investment trust, 11. An entity registered at ail times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 684(x), 13, A financial Institution, 14, A middleman known In the investment commuNtY as a nominee or custodian, of. 16, A trust exempt from tax under section 664 or described in section 4947. The chart below shows types of payments that may be exempt from backup withholdfngg. The chart applies to the exempt payess listed above, 1 through 16. IF the payment is for... THEN the payment is exempt for... Infernal and dividend payments _ All exempt payees except for 9 Broker transactions _ Exempt payees 1 through 13, Also, a person registered under the Investment Advisers Act of 1940 who regularly sole as a broker Barter exchange transactions Exempt payees f fhrough,6 , and patronega dividends Payments over $600 required Genomllg, exempt payees to be reported and direct t through 7 safes over $5,000' 'See Form 1099-1,1ISO, Mkool""Ve Income. and Its Insimcilons, ei40weVer, the foflowlng Pflymants made 10 a earpOM60n (Including groan It the proceeds corporation) a d reportable on Form 1099 -MISO areenot ex mM from attorney Is a backup withholding: modioal amt health care payments, aftomoyc' moos, and payments forzervloes paid by a kderal executive agency. Part I. Taxpayer identification Number (TIN) Enter your YIN in the appropriate box. If you arc a resident alien and you do not have and are not eltgib10 to got an SSN, your TIN Is your IRS Individual taxpayer enpitoallon number (rrlM. Enter it N the social secudy number box. If you do not have an ITIN, see Now to got a 7IN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single - member LLC that is disrogarded as an entity separate from its owner (see Limited ffabAfty company ULC) on page 2), enter the owner's SSN (or EIN, if the owner s ono). Do not enter the disregarded entity's EIN, If the LI.0 Is classified as a corporation or partnership, enter the entity's EIN, Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. if you do not have a TIN, apply for one immediately. To apply for an SSN, got Form 88-5, Application for a Social Security Card, from your toast social Security Administration office or net this form online at wwmase cov. You an )TIN, or Form SS-4, Application for D Number, to apply for an EIN. You can a by accessing the IRS websito at •s and clicking on Employer Identifloatio farting a Business. You can get Forms t 9 by visiting wwwdrs gov or by calAng It you are asked to complete Form W -9 but do not have a TIN, write "Ap Iled For" In the space for the TIN, sign and date the form, sin it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 66 days to get a 17N and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other tyypRes of pa ments. You v411 be subjeot to backup withholding on elf such payments until you provide your TIN to Note. Entering "Appfiod Foe' means that you have already applied for a TIN or that you Intend to apply for one soon. Caution A dlstawa clad domestic antffy that has a foreign owner must use, fie appropriate Form W -8. Part Ii, Certifioation To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W -9, You may be reqnested to sign by the withholding agent even If items 1, 4, and 5 below indicate otherwise. For a joint account, only the person whose TIN Is shown In part I should sign (\vheri required). Exempt payees, $ae E'irempt Pares, on page Z Signature requirements. Complete the certil(eatlon as indicated In 1 through 6 below. f. interest, dividend, and barter exchange accounts opened before 1984 end broker accounts considered active durSngg 1982. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1952. You must sign the certification or backup withholding vAll apply. It you are sub)eot to backup withholding and you are merely providing your correct TIN to the requester, you must cross out Item 2 in the certification before signing the form, Fenn W -9 (Few. 10.200 -6 - Page 4 3; Real estate transactions. You must sign the certification. $ecure Your Tax Records from identity Theft You may cross out Item 2 of the cerlification. identity theft occurs when someone uses your parsonel 4. other payments. You must give your correct TIN, but you Information such as your name, social security number (SSN), or do not have to sign the cedificetlon unless you have been other idenilfying informalion, without your permisslon; to commit notified that you have previously given an Incorrect TIN. "Ciher the fraud or other mes. An Identity thief may use your SSN to get cri payments" inoluda poymants meda In the course of a job or may file a tax return using your SSN to receive a refund, requester's bade or business for rents, royalties, goods (other than bills for merchandise), medical and health care sett bad To reduce your y r risk: (tnoluding payments to corporations), payments to a o Protect your SSN, non yee for services, payments to certain fishing boat crew o Ensure your employer Is protecting your SSN, and members and tlshennen, and gross proceeds paid fo allomeys a GO careful when choosing a tak preparer. (including payments m corporations). Call the IRS at 1-800-829-1040 If you think your Identity had 8. Mortgogo interest paid by you, acqufst1on or been used Inappropriately for tax purposes. abandonment of secured property, cancellation of debt, quoilffeci tuition progrom ppayments (under section 52e), IRA, Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax oovardeil BSA, Archer M5A or HSA contributions or dfstrlbutFons, and pension distributions. You must give your problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance, conert TIN, but you do not have to star, the conificaflon, You can reach TAG by setting the TAS toil -free, case intake line What Name and Number To Give the Requester at 1- 877.777 -4778 or TTY/TDD 1.800.829.4059. protect yourself from suspicious emails or phishing Far this type of account: vivo name and 1. Individual The Individual 2. Two or more fndNMu*I$ (falnt The DOW owner of the consort or, account) N cornbland funds, the first individual on the account' 3. 0aatodlan a000upt of a minor Th. minor (Unkoom GItt to Minors Act) 4, 6, Tale usual reVOOabfa savings Th. Grantor- imstea' twat (grantor Is Pine trustoo) b, se- oafout Dust account that Is The actual owner' not a ("af or valid trust under state law 6, Sole propdetoohlpordlsregarded Thoownoro entity owned by an individual For this type Of aona4nb aloe name and FiN oh a. Disregarded oniity not Owned bydo The owner indMduo) 7. AvaFd UUM,, asiate, or ponsIOe trust Legal entity' a. Corporate or LLC Meeting The carmonflon corporate status on Farm 8882 S. AdwPolaUon, dub, roltgloue, The owarkption charAoble, educational, or other tax- exempt o multiatlon. 10. partnership or f multi >mombar tt.0 The padnarship If. A broker" r ewwred nemin09 The broker or nominee 12. AcoMi. with the eePAUMOAt Of The publio entity Agdnukme In the name of a public new touch as a State or IOOeI government, School dlefirM, or Pdewd that mceaves agrfudholt program payments Un FM and oUde ihoname of iheporson whose nuMDOY you fntrdah.l(ony "'MOO on. Joan Donated has M ask, men potoam number meat Men..' '0'410 the mina's "a artd fuadeb em ndnee can. You mual show year wdekl aaown, no you may alloonur yoot bashomor'a6AN horn e'I tho eeoond nomo pro, Ycv coy dso otlhw yew SeN or ENJ of you have m o), ern iho IRS n9.0t6eeyouw ih yaur we Of roPandd,obetamoreofihoauoi, estate, a portionvusctoo ortfumish Main of Ue count 004 Ale, owellye *WV1oo uniom owth0aaOn pa- ill k noidostaaalod In or ub smoun[thtej NSO SOaepfNMNtos hrpartnorshtps on pees i. Note, if no name Is droled when more than one name is fisted, the number will be considered to be that of file first name listed, Privaoy Act Notice schemes. Phishfieg is the creation and use of email and websites designed to mtmic legitimate business smelts and websttes. The most common dot Is sending an small to a user falsely claiming to be an established leglttm ite enterprise In an attempt to scam the user Into surrendering private Information that will be used for Identity theft, The IRS does not Initiate contacts with taxpayers via smalls. Also, the M doss not request persona( do tied Inforrnatiory through am 11 or ask tsxpayers for the PIN numbers, passwords, or similar seoret access information for their credit card, bank, or other financial accounts, If yew receive an unsolicited ernali ciatming to be from the IRS, forward this message to phlshing0m.gov. You may also report misuse of the IRS name, logo, or other IRS ppersonal property to the Treasury Inspector' General for Tax AV, Istration at 1- 800. 380.4484, You,can toward suspicious email$ to the Pederal Trade Commission at: spafn®uce.gov or contact them at wtmvconsumergovAdtbaft or 1- 077- IRTHSfT(488. 4388). Vlsit the IRS Website at www,hagov to learn more about Identity theft and how to reduce your risk. Information return with the IRS to report famm4t, of secured prope car NtanDri of debt or as and tohotp ve tiy, the accuracy ofyour tax return, cities, states, the nisb of of Columbia, and U.S. redly, W federal and state egendes to deform fedoml ovida your TIN whether or Trot You are mquIN d to Oh n fax return. Payers most generally withhold 2e% of taxable antemett, dividend, and OadoN other payee who dons not ghre a TIN to a payer. Cedaan penalties may also apply, w DKOAD DOSVICI a44TmimNet Prk�99pj�Utli�l>HI TD �ilUA4TT1{+�S�TO �tdtE Q6rJik wow it ;mil DtDE (w DPARiAM OF 0.1iU d(f�dRl` uw i(w DP3(IOf Q6E m �Wma M1 0 im