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Res No 280-10-13314RESOLUTION NO.: 280-10-13314 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute fiscal year 2010 grant agreement with Miami -Dade County's Department of Housing and Community Development (DHCD) for the SW 64`h Street Improvements Phase I; providing for an effective date. WHEREAS, the Mayor and City Commission wishes to accept grant from Miami - Dade County DHCD; and WHEREAS, this grant agreement is for 64`h Street Improvements Phase I in an amount of $50,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the Mayor and City Commission authorize the City Manager to execute the grant agreement for SW 64`h Street Improvements Phase I with Miami -Dade County's Department of Housing and Community Development (DHCD) in the amount of $50,000. Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 13, day of Dec. , 2010 ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM Y CIENCY: ms.. --G � CITY ATTORNEY Commission Vote: 4 -1 Mayor Stoddard: Yea Vice Mayor Newman: Nay Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami iii- AmeticaGiry : CITY OF SOUTH MIAMI - OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 9001 To: The Honorable Mayor &Members of the ity Commission From: Hector Mirabile, PhD, City Manager Date: December 14, 2010 Agenda Item No.: A resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute fiscal year 2010 Subject: grant agreement with Miami -Dade County's Department of Housing and Community Development (DHCD) for the SW 64th Street Improvements Phase 1; providing for an effective date. Miami -Dade County's Department of Housing and Community Development (DHCD) awarded the City of South Miami fiscal year 2010 CDBG grant in the amount of $50,000 for the SW 64" Street improvements Project Phase I. The SW Background: 60 Street Improvements Project consists of street improvements as a result of much needed reconstruction along SW 64th Street (Hardee Drive) from SW 57th Avenue to SW 62nd Avenue (Red Road). The project will include sidewalks, tree planting & roadway improvements. Expense: $0 Account: 106- 3300 - 541 -6550 Attachments: • Miami -Dade. County's Department of Housing and Community Development (DHCD) Agreement Resolution Number # R- 489 -10 Duns Number #024628976 Awarded Amount $60,000 CDBG 2010 FY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT Municipaiitiy CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI This Agreement (hereinafter referred to as "Agreement" or "Contract"), by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of South Miami, hereinafter referred to as " Awardee" and having offices at 6130 Sunset Drive South Miami Florida 33143 and telephone number of (3051663 -6345, states conditions and covenants for the rendering of Community, Economic or Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of Housing and Community Development hereinafter referred to as "DHCD," and having its principal offices at 701 N.W. 1 Court, 14" Floor, Miami, Florida 33136, collectively referred to as the "Parties." WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the Miami -Dade County Mayor; and WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable urban communities. WHEREAS, the Awardee provides it will develop activities of value to the County and has demonstrated an ability to provide these..activities; and r' WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous of providing such activities; and WHEREAS, the County has appropriated $50.000 of CDBG funds to the Activity SW 64,h Street Cooridor Improvements located at SW "h Street from SW 57`r Avenue to SW 62" Avenue. All CDBG funds, except those awarded to County Departments and Municipalities, will be awarded in the form of a loan that is forgivable if the national objective is met pursuant to the terms and conditions set forth herein, including but not limited to Section W(2)(a)(I) -(2). WHEREAS, the Awardee shall carry out the activities specified in Attachment A, "Scope of Services", in Miami -Dade County or the focus area(s) of the county. NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: 1. DEFINITIONS DHCD Department of Housing and Community Development or its successor Department. 24 CFR Part 570 — CDBG Federal regulations implementing Title I of the Housing and Community Development Act of 1974, as amended - Community Development Block Grant. Community Development A local agency that is organized to meet community development Corporation needs with particular emphasis on the economic development, housing and revitalization needs of low- and moderate- income area residents and which is receptive to the needs expressed by the community. Local Having headquarters in Miami -Dade County or having a place of business located In Miami -Dade County from which the Contract or Subcontract will be performed. Low -and Moderate- Income A person or family whose annual income does not exceed 80% Individual or Family of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Very Low income Individual or A person or family whose annual income does not exceed 60% Family of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain exceptions as provided in 24 CFR Part 570. Contract Records or Agreement Any and all books, records, documents, information, data, Records papers, letters, materials, electronic storage data and media whether written, printed, electronic or electrical, however collected, preserved, produced, developed, maintained, completed, received or compiled by or at the direction of the Awardee or any subcontractor in carrying out the duties and obligations required by the terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. Federal Award Any federal funds received by the Awardee from any source during the period of time in which the Awardee is performing the obligations set forth in this contract. Awardee Recipient of CDBG funds from Miami -Dade County. Property The real property as descibed by legal description in any loan documents executed between Awardee and the County and any real property of Awardee or Related or Affiliated Entities (as defined herein) acquired or improved upon with funds awarded pursuant to this Agreement or on which funds awarded pursuant to this Agreement are anticipated to be used. Subcontractor or Subconsultant Any individual or firm hired on a contractual basis by the Awardee for the purpose of performing work or functions cited on the Action Step Format (Attachment "Al) of this contract. Subcontract Any contractual agreement between a Subcontractor and the Awardee. THE AWARDEE AGREES: A. The Awardee shall carry out the activities specified in Attachment A, "Scope of Services," which is incorporated herein and attached hereto, in the County or the focus area(s) of the County. B. insurance Requirements Upon DHCD's notification, the Awardee shall furnish to the Department's Community and Economic Development Division (CEDD), 701 N,W. 1 Court, 14`h floor, Miami, Florida 33136, relevant certificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of Service (Attachment A). The effective coverage start date of applicable insurances shall not be later than the date of the Agreement execution and shall be approved by Miami -Dade County's GSA Risk Management Division prior to any reimbursement being processed. All certificates and insurance updates must identify the names of the Awardee and the Activity being funded through this Agreement. The Awardee shall provide Builder's Risk Insurance and /or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. Any changes to the required insurance policies, including coverage renewals, must be submitted to DHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in these requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the Agreement. C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain in force for the duration of the Agreement period, including any and all option years, it applicable. in the case of construction and major rehabilitation activities, the Awardee must have the coverage cited in Attachment B4 of this Agreement at the time that it begins construction on the project. if the insurance certificates are scheduled to expire during the Agreement period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period, the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty (30) calendar days. if such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of the Agreement by the County and commencement of the contracted services, the Awardee shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained throughout the term of the Agreement. D. Indemnification The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Awardee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign immunity by the County nor shall anything herein be construed as consent by the County to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. E. National Objective In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to Low and Moderate Income Persons or Households (LMI). (See Attachment B -2). Awardee shall execute and deliver to the County, simultaneous with this Agreement, a Promissory Note committing to repay the funds provided by the County pursuant to this Agreement in the event that Awardee fails to meet the national objective. Awardee understands that the County may be liable to the United States Department of Housing and Urban Development ( "HUD ") for repayment of the federal funds loaned to Awardee pursuant to this Agreement in the event that HUD determines that Awardee has failed to meet the national objective. AWARDEE WAIVES ANY RIGHT TO OBJECT TO THE REPAYMENT OF FUNDS, PURSUANT TO THIS AGREEMENT AND/OR THE PROMISSORY NOTE, IN THE EVENT THAT HUD DETERMINES THAT THE AWARDEE HAS NOT MET THE NATIONAL OBJECTIVE. The County shall have all rights and remedies in law and equity to seek repayment of funds loaned to Awardee pursuant to this Agreement. Documents and Reporting Requirements The Awardee shall submit documents to DHCD or report on relevant information to DHCD as described below or any provide any other documents in whatever form, manner, or frequency as prescribed by DHCD. These will be used for monitoring progress, performance, and compliance with this Agreement and for compliance with applicable County and Federal requirements. Certificates of Insurance The original to be received by DHCD within the first month of this Agreement period, and submitted with each payment request, including any renewals, prior to payments made by the County. The effective date of the coverage must coincide with the beginning date of this agreement. a. Worker's Compensation Insurance for all employees of the Awardee as required by Florida Statute 440. b. Public Liability Insurance on a comprehensive basis in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. Miami -Dade County /DHCD must be shown as an additional insured with respect to this coverage. The mailing address of the Department of Housing and Community Development, as the certificate holder, must appear on the certificate of insurance. c. Automobile Liability Insurance covering all owned, non - owned, and hired vehicles used in connection with the Services, in an amount not less than $300,000 combined single limit per occurrence for bodily injury and property damage. d. Professional Liability Insurance in an amount not less than $N /A_ with a deductible per claim not to exceed ten percent (10 %) of the limit of liability. 2. Progress Reports a. The Awardee shall submit a status report using the form attached hereto as Attachment C, 'Progress Report," as it may be revised by DHCD, which shall describe the progress made by the Awardee in achieving each of the objectives and action steps identified in Attachment A and Attachment A -1. The Awardee shall ensure that DHCD receives each report in triplicate (or as indicated) no later than April 10, 2010, July 10, 2010, October 9, 2010, January 8, 2011, April 10, 2011, July 10, 2011 and October 9, 2011. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditions of this Agreement, Miami -Dade County Resolution No. 1634 -93 will apply to this Agreement. This resolution requires the selected Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to DHCD a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and /or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction andfor housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low- moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section 11- Fiscal Information: The Awardee must report expenditure information based on approved budgeted line items to reflect all costs incurred during the reporting period. In addition, the Awardee shall report on Program Income Usage for each contracted activity. Section III - Contract and Subcontract Activity Report Contract and Subcontract Activity Report (First and Third Quarter Progress Report) - The Awardee shall report to DHCD the number of business activities involving minority vendors, including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to DHCD no later than April 10, 2010 and October 9, 2010 and April 10, 2011 and October 9, 2011. Section IV - Neighborhood Employment Opportunities: Neighborhood Employment Opportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to DHCD the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to DHCD no later than April 10, 2010 and October 9, 2010 and April 10, 2011 and October 9, 2011. The Awardee shall submit to the County, in a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. c. Unspecified Site(s) Objective -1f the Awardee has not yet identified a location to carry out any of the activities described in Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section 11, Paragraph F.4. of this Agreement. Copies of the above described Progress Report shall be received by DHCD no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee Is submitting the Progress Reports required by Section II, Paragraph F.2.a and Paragraph F.3. 3. Annual Report (Fourth Quarter Progress Report) -The Awardee shall submit a cumulative status report (hereinafter referred to as "Annual Report") using the "Progress Report" specified in Section II, Paragraph F.2.a. above, which shall describe the progress made by the Awardee in achieving each of the National Objectives identified in Attachment A during the previous year. The "Annual Report" must cover the CDBG fiscal year of January 1, 2010 through December 31, 2010 and shall be received by DHCD no later than January 6, 2011. 4. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Site" activities to be carried out pursuant to this Agreement, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared. The Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." 5. Audit Report - The Awardee shall submit to DHCD an annual audit report in triplicate as required by Section 11, Paragraph L of this Agreement, as set forth below. The Awardee shall submit a written statement from its auditing firm to confirm that it has cleared any non - compliance issues stated in the audit, and a written statement from the Auditor that the audit complies with all applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A -133. 6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed documents describing the Awardes's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. Such information shall be submitted to DHCD within 30 days of the execution of this Agreement. 7. Inventory Repo t - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG funds from this and previous agreements with the County as specified in Section 11, Paragraph W of this Agreement. 81 Affirmative Action Plan - The Awardee shall report to DHCD information relative to the equality of employment opportunities whenever so requested by DHCD. 9. Disclosure of Related or Affiliated Parties At the time of contract execution, or at any other time at the request of the County, Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated Patties shall mean persons, corporations, partnerships, or other business entities (a) which have a direct or indirect ownership interest in Awardee, (b) which have a parent or principal thereof which has a direct or indirect ownership interest in Awardee, (e) whose members appointed by Awardee, or (d) which the County deems in its sole discretion to be a Related or Affiliated Party of Awardee. The Awardee shall report this information to the County upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report.. This provision shall be construed broadly to the benefit of the County. Non - compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through DHCD for a period of three years. 10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal Property Awardee shall notify the County in writing within ten (10) days of the occurrence of any of the following as to Awardee or any Related or Affiliated Parties: a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default, late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debt or obligation for which the Property is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. e. Any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement. Failure to comply with these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available at law, equity and pursuant to this Agreement. G. Lobbying Prohibition 1. The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 2. The Awardee shall disclose to DHCD if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement, grant, loan, or cooperative Agreement, on a Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The Awardee shall ensure that the language in this Section 11, Paragraph G.1. and G.2 be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and Agreements under grants, loans, and cooperative Agreements) and to ensure that all subrecipients shall certify and disclose accordingly in connection with this activity. H. federal, State, and County Laws and Regulations The Awardee agrees to abide by Chapter 11 -A, Code of Miami -Dade County ("County Code"), as amended, applicable to non - discrimination in employment, housing and public accommodation. Rules, Regulations and Licensing Requirements The Awardee shall comply with all laws, ordinances and regulations applicable to the services contemplated herein, especially those applicable to conflict of interest and collusion. Awardees are presumed to be familiar with all Federal, State and local laws, ordinances, codes, rules and regulations that may in any way affect the goods or services offered, especially Executive Order No. 11246 entitled "Equal Employment Opportunity" and as amended by Executive Order No. 11375, as supplemented by the Department of Labor Regulations (41 CFR, Part 60), the Americans with Disabilities Act of 1990 and implementing regulations, the Rehabilitation Act of 1973, as amended, Chapter 553 of Florida Statutes and any and all other local, State and Federal directives, ordinances, rules, orders, and laws relating to people with disabilities. The Awardee will also comply with OMB A -122, OMB A -110, OMB A -21, OMB A -133, and with the applicable procedures specified in DHCD's Contract Compliance Manual, which are incorporated herein by reference, receipt of which is hereby acknowledged, and as they may be revised. 2. The Awardee shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94 -163) which requires mandatory standards and policies relating to energy efficiency. The Awardee also agrees to comply with the Domestic Violence Leave codified as 11A- 60 et seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Agreement or for commencement of debarment proceedings against the Awardee. 3. If the amount payable to the Awardee pursuant to the terms of this Agreement is in excess of $100,000, the Awardee shall comply with all applicable standards, orders, or regulations, issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 h), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508 of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); and Executive Order 11738. 4. Assurance of Compliance with Section 504 of the Rehabilitation Act - The Awardee shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the required Disability Non - discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Affirmative "ion/Non-Discrimination or CmpioVmenr vromoiion ane rrocurentenr Practices (Ordinance #98 -30) - All firms with annual gross revenues in excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Affirmative Action Plan /Procurement Policy Affidavit. Firms whose Boards of Directors are representative of the population make -up of the nation are exempt from this requirement and must submit, in writing, a detailed listing of their Boards of Directors, showing the race or ethnicity of each board member, to the County's Department of Business Development. Firms claiming exemption must submit, as a part of their proposals /bids to be filed with the Clerk of the Board, an appropriately completed and signed Exemption Affidavit in accordance with Ordinance 98 -30. These submittals shall be subject to periodic reviews to assure that the entities do not discriminate in their employment and procurement practices against minorities and women -owned businesses. It will be the responsibility of each firm to provide verification of their gross annual revenues to determine the requirement for compliance with the Ordinance. Those firms that do not exceed $5 million annual gross revenues must clearly state so in their bid /proposal. Any bidder /respondent which does not provide an affirmative action plan and procurement policy may not be recommended by the County Manager for award by the Board of County Commissioners. 7. Domestic Violence Leave Affidavit - Prior to entering into any contract with the County, a firm desiring to do business with the County shall, as a condition of award, certify that it is in compliance with the Domestic Leave Ordinance, 99 -5 and Section 11A -60 of the Miami -Dade County Code. This Ordinance applies to employers that have, in the regular course of business, fifty (50) or more employees working in Miami Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year. In accordance with Resolution R- 185 -00, the obligation to provide domestic violence leave to employees shall be a contractual obligation. The County shall not enter into a contract with any firm that has not certified its compliance with the Domestic Leave Ordinance. Failure to comply with the requirements of Resolution R- 185 -00, as well as the Domestic Leave Ordinance may result in the contract being declared void, the contract being terminated and /or the firm being debarred, 8. Code of Business Ethics - In accordance with Section 2- 8.1(1) of the Code of Miami -Dade County each person or entitiy that seeks to do business with Miami -Dade County shall adopt a Code of Business Ethics ('Code ") and shall submit an affidavit stating that the Awardee has adopted a Code that complies with the reauirements of Section 2- 8.1fi) of the Miami -Dade County Code (Form A -12). Section 2- 11.1(d) of Miami -Dade County Code as amended by Ordinance 00 -1, also requires any county employee or any member of the employee's immediate family who has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County from competing or applying for any such contract as it pertains to this solicitation, must first request a conflict of interest opinion from the County's Ethic Commission prior to their or their immediate family member's entering into any contract or transacting any business through a firm, corporation, partnership or business entity in which the employee or any member of the employee's immediate family has a controlling financial interest, direct or indirect, with Miami -Dade County or any person or agency acting for Miami -Dade County and that any such contract, agreement or business engagement entered in violation of this subsection, as amended, shall render this Agreement voidable. For additional information, please contact the Ethics Commission hotline at (305) 579 -9093. 9. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this Agreement shall be terminated on the discretion of Miami - Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami -Dade County shall have the right to terminate this agreement 10. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any Individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County" Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with Awardee. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fee; or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12, Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit. 16. Collusion Affidavit If any attesting firm violates any of the Acts below during the term of any contract such snnn the County, such contract shall be voidable by the County, even if the attesting Firm w:3s violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -335, I', 327, 42 U.S.C. 12101 -12213 and 47 U.S.C. Sections 225 and 611 n,. tdxui `,, 1, Employment; Title II, Public Services; Title 111, Public AccommoeMi w.s Services Operated by Private Entities; Title IV, Telecommunications; carsc 1'r, Miscellaneous Provisions. 2, The Rehabilitation Act of 1973, 29 U.S.C. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601- 363'+. In addition to the requirements in the Agreement, the Awardee / Department agrees to comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570, Subpart K, including the following: Public Law 88 -352 and Public Law 90 -284; affirmatively furthering fair housing; 4x ec:;!h.•2 -; ?. =r 11063. Section 109 of the Housing and Community Development Act. Labor standards. Environmental standards. National Flood insurance Program. Uniformed Relocation Act. Employment and contracting opportunities. Lead -based paint regulations. Eligibility of contractors or sub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 11. National Objective Awardee must achieve the following national objective; 10 To benefit low -and moderate- income persons; 1. For activities designed to meet the national objective of benefit to low -and moderate - income persons, the Awardee shall ensure and maintain documentation, acceptable to DHCD in its sole discretion, that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity which provides benefit to persons where no less than 51 % of of those benefitted are low -and moderate - income persons. 2. The Awardee shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. if the Awardee is a primarily religious entity, it shall comply with all provisions of 24 CFR 570.200 (j). 3. The Awardee agrees to comply with (a) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b): (b) the requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement and Relocation Assistance plan under section 104(d) of the HCD Act; and (c) the requirements in 570.606(d) governing optional relocation policies. (The County may preemept the optional policies). The Awardee shall provide relocation assistance to persons (families, individuals, businesses, non - profit organizations and farms) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, DHCD's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Awardee shall cooperate with DHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, DHCD, or the County. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with DHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, DHCD, or the County. 7. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Community Outreach and Real Estate Section of DHCD prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall II annually assess its affirmative marketing program to determine if the procedures used to comply with the requirements specified in Public Law 88 -352 and Public Law 90 -284 successfully meet these requirements. The Awardee shall submit to DHCD its Affirmative Marketing Plan no later than 60 days from the date this Agreement is executed. 8. For Housing, Rehabilitation, and Construction activities all conditions in this section will apply throughout the regulatory period identified in the national objective. Throughout that period, the Awardee will be required to submit an annual report regarding his compliance with the national objective, and DHCD will have the right to monitor the activity. 9. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502 i. Conflicts with Applicable Laws If any provision of this Agreement conflicts with any applicable law or regulation including but not limited to, 24 CFR 570, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all other provisions of this Agreement shall remain in full force and effect. The County's determination on whether a provision conflicts shall be final and binding. J. Board of Directors If the Awardee is a Community Development Corporation (CDC), DHCD shall have the option to appoint a representative to the Awardee`s board of directors. This representative shall not be considered in the counting of a quorum and shall have no voting privileges. K. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the DHCD representative noted in Section IV, Paragraph M of this Agreement, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1,999; and other related acts, as applicable. 4. Submit to DHCD for written approval all proposed Solicitation Notices, Invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to DHCD all construction plans and specifications and receive DHCD's approval prior to implementation. 61 Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a pre - construction conference. In accordance with industry standards, DHCD will hold ten percent (10 0/6) of the total grant award as a retainer until the construction work is determined by DHCD, in its sole discretion, to be seventy -five percent (75 %) completed, At the time that the construction work is determined by DHCD to be seventy -five percent complete, the retainer will be reduced to 5% until the work is completed, Completion shall occur when a Certificate of Occupancy is issued. 7. The County shall have the right to assign the Professional Services and Technical Assistance (PSTA) Unit of the Department of Housing and Community Development to assist the project if the County's staff determines that the Awardee has been unable to consistently achieve the work and units described within the time frames of the action step format of this agreement. Such involvement will result in a reduction of a maximum 12 of 5% of the Agreement's award to cover the cost of the technical assistance. The Awardee shalt cooperate and comply with all requests made by the PSTA. 8. Execute and record, at the County's request, any of the following documents in order to ensure the Property is used as defined and described in Attachment A of this Agreement: a. Promissory Note b. Mortgage C. Loan Agreement d. Restrictive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of leases, rents and Contract Rights g. UCC -1 Rider K Title Insurance Policy L. Audits and Records 1. Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountants (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non - expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3. When the requirements of OMB A -133 apply, an audit shall be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to COBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by DHCD no later than six months following the end of the Awardee's fiscal year. 4. if an audit is required by Paragraph L of this Agreement, but the requirements of OMB A- 133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on the basis of the period during which DHCD- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this Agreement. A copy of the audit report in triplicate must be received by OHCD no later than six months following each audit period. 5. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 13 6. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this Agreement. 7. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duly authorized by the County. 8, The Awardee shall include in all DHCD approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this Agreement and defined by DHCD, each of the record - keeping and audit requirements detailed in this Agreement. DHCD shall, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above. 9. The County reserves the right to require the Awardee to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to this Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10. The Awardee shall ensure that its auditors share their audit results with must submit the audit report to DHCD within six months after the conclusion of the audit period. 11. Pursuant to County Ordinance No. 03 -2, the Awardee will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Awardee agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allow ability and aliocability of costs. M. Protected Records and Documents Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable Health Information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: 1. Use of information only for performing services required by the Agreement or as required by law; 2. Use of appropriate safeguards to prevent non - permitted disclosures; 3. Reporting to Miami -Dade County of any non - permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that IIHI /PHI will be held confidential; 6. Making Protected Health Information (PHI) available to the customer, 6. Making PHI available to the customer for .review and amendment, and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami - Dade County for compliance audits. 14 PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and /or electronic transfer of data). The Contractor must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. N. Retention of Records I . The Awardee shall retain all Contract Records for a period of at least five (5) years (hereinafter referred to as "Retention Period ") subject to the limitations set forth below: a. For all non -CDBG assisted activities, the Retention Period shall begin upon the expiration or termination of this Agreement. b. For CDBG assisted public service activities, the Retention Period shall begin upon the date of U.S. HUD's acceptance of DHCD's annual Grantee Performance Report for the year in which the activity is reported as completed. For each public service activity, the Awardee must retain all Agreement records except those relating to real and nonexpendable personal property. C. For all other CDBG assisted activities, the Retention Period shall begin upon U.S. HUD's acceptance of DHCD's annual Grantee Performance Report in which each assisted activity is reported on for the final time. For all the CDBG assisted activities covered by this Section II, Paragraph L.1.c., the Awardee must retain all Agreement records except those relating to real and nonexpendable personal property. d. For all CDBG assisted activities, the Retention Period for all Agreement records relating to real and nonexpendable personal property shall begin upon the date of the final disposition of the property. 2. If the County or the Awardee have received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the services provided pursuant to the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of DHCD, fully, completely and finally resolved. 3. The Awardee shall allow the County, federal personnel, or any person authorized by the County full access to and the right to examine any of the Agreement records during the required Retention Period. 4. The Awardee shall notify DHCD in writing, both during the pendency of this Agreement and after its expiration as part of the final closeout procedure, of the address where all Agreement records will be retained. 5. The Awardee shall obtain written approval of DHCD prior to disposing of any Agreement records within one year after expiration of the Retention Period. O. Provision of Records and Proprietary Rights and Information 1. The Awardee shall provide to DHCD, upon request, all Agreement records. These records shall become the property of DHCD without restriction, reservation, or limitation of their use. DHCD shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this Agreement. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to DHCD immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. Proprietary Information 15 As a political subdivision of the State of Florida, Miami -Dade County is subject to the stipulations of Florida's Public Records Law. The Awardee acknowledges that all computer software in the County's possession may constitute or contain information or materials which the County has agreed to protect as proprietary information from disclosure or unauthorized use and may also constitute or contain information or materials which the County has developed at its own expense, the disclosure of which could harm the County's proprietary interest therein. During the term of the Agreement, the Awardee will not use directly or indirectly for itself or for others, or publish or disclose to any third party, or remove from the County's property, any computer programs, data compilations, or other software which the County has developed, has used or is using, is holding for use, or which are otherwise in the possession of the County (hereinafter "Computer Software "). All third -party license agreements must also be honored by the Awardees and their employees, except as authorized by the County and, if the Computer Software has been leased or purchased by the County, all hired party license agreements must also be honored by the Awardees' employees with the approval of the lessor or Awardees thereof. This includes mainframe, minis, telecommunications, personal computers and any and all information technology software. The Awardee will report to the County any information discovered or which is disclosed to the Awardee which may relate to the improper use, publication, disclosure or removal from the County's property of any information technology software and hardware and will take such steps as are within the Awardee's authority to prevent improper use, disclosure or removal. 3. Proprietary Rights a) The Awardee hereby acknowledges and agrees that the County retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and/or created by the Awardee for delivery to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Awardee as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Awardee shall not, without the prior written consent of the County, use such documentation on any other project in which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged, Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works" shall become the property of the County. c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and /or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the 16 operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. Such license specifically includes, but is not limited to, the right of the County to use and /or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and /or all of the Deliverables provided hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect P. Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Awardee or third parttes.The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties. The Awardee shall incorporate the provisions in this section in all subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami -Dade County Inspectors General Review According to Section 2 -1076 of the Code of Miami -Dade County, as amended, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (114) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue- generating contracts; (1) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; 0) professional service agreements under $1,000; (k) management agreements; (1) small purchase orders as defined in Miami -Dade County Administrative Order 3 -2; (m) federal, state and local government- funded grants; and (n) interlocal agreements. Notwithstanding the Awardee consents to the powers of the Inspector General. The Miami -Dade County Inspector General is authorized and empowered to review past, present and proposed County contracts, transactions, accounts, records and programs. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. Upon ten (10) days prior written notice to the Awardee from the Inspector General or IPSIG retained by the Inspector General, the Awardee shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and records in the Awardee's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the Agreement, including, but not limited to original estimate files, worksheets, proposals and Agreements from and with successful and unsuccessful subcontractors and suppliers, all project- related correspondence, memoranda, instructions, financial documents, construction documents, proposal and Agreement documents, back- charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. 17 Independent Private Sector Inspector General Reviews Pursuant to Miami -Dade County Administrative Order 3 -20, the Awardee is aware that the County has the right to retain the services of an Independent Private Sector inspector General (hereinafter 'IPSIG'), whenever the County deems it appropriate to do so. Upon written notice from the County, the Awardee shall make available to the IPSIG retained by the County, ail requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditor Access to Records Pursuant to Ordinance No. 03 -2, Awardee shall grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds, including funds awarded tp Awardee pursuant to this Agreement. O. Prior Approval The Awardee shall obtain written approval from DHCD prior to undertaking any of the following: 1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein CDBG funds will be used to pay for goods or services. The Awardee must submit all proposed agreement documents to DHCD at least thirty (30) days prior to the start date of the agreement. DHCD shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by DHCD of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all Job descriptions for existing staff. 4. The purchase of all nonexpendabie personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section II, Paragraph W.I. of this Agreement. 6. Out -of -town travel not specifically listed in the approved budget. 7. The disposition of Program Income not specifically listed in the approved Program income budget. 8. The publication of proposed Solicitation Notices, Invitations for Bids and Requests for Proposals as provided for in Section 11, Paragraph K of this Agreement. g. The disposal of all Agreement records as provided for in Section 11, Paragraph N of this Agreement. 10. In the event the Awardee wishes to substitute personnel for the key personnel identified by the Awardee's Proposal, the Awardee must notify the County in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. R. Monitoring The Awardee shall permit DHCD and other persons duly authorized by DHCD to inspect all Agreement records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and /or to interview any clients, employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, DHCD will deliver to the Awardee a report of its findings, and the Awardee 18 will rectify all deficiencies cited by DHCD within the specified period of time set forth in the report, or provide DHCD with a reasonable justification for not correcting the deficiencies. DHCD will determine, in its sole and absolute discretion, whether or not the Awardee's justification is acceptable or if the Awardee must, despite the justification, rectify the deficiencies cited by DHCD in its report. S. Conflict of Interest The Awardee agrees to abide by the provisions of 24 CFR 84.42 (24 CFR Part 85.36 for Public Agencies) and 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services requried under this Agreement. The Awardee further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Awardee hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the County, or of any designated public agencies or subrecipients which are receiving funds under the CDBG Entitlement program. The Awardee certifies and represents that no officer, director, employee, agent, or other consultant of the County or a member of the immediate family or household of the aforesaid has directly or indirectly received or been promised any form of benefit, payment or compensation, whether tangible or intangible, in connection with the grant of this Agreement. The Awardee shall abide and be governed by Miami -Dade County Ordinance No. 72 -82 (Conflict of Interest Ordinance), as amended, which is incorporated herein by reference as if fully set forth, in connection with its Agreement obligations hereunder. The Awardee shall disclose any possible conflicts of interest or apparent improprieties of any party that are covered by the above standards. The Awardee shall make such disclosure in writing to DHCD immediately upon the Awardee's discovery of such possible conflict. DHCD will then render an opinion which shall be binding on all parties. The Awardee shall submit to DHCD, within five business days of execution this Agreement, all updated Conflict of Interest affidavits, Related Party Disclosure statements, list of current Board members, and list of all business associations with the following documents: D Original Agreement or Its subsequent amendments. Y Requests for budget revisions. ➢ Requests for approval of subcontracts. Non - compliance with the above requirements will be considered a breach of Agreement, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through DHCD for a period of three years. a) Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement. This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid: 1) is interested on behalf of or through the Awardee directly or indirectly in any manner whatsoever in the execution or the performance of this Agreement, or in the services, supplies or work, to which this Agreement relates or in any portion of the revenues; or ii) is an employee, agent, advisor, or consultant to the Awardee or to the best of the Awardee's knowledge any subcontractor or supplier to the Awardee. b) Neither the Awardee nor any officer, director, employee, agency, parent, subsidiary, or IL'] affiliate of the Awardee shall have an interest which is in conflict with the Awardee's faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Awardee provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such Information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. Intentionally Left Blank go U. Publicity, Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development (US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Awardee shall ensure that all media representatives, when Inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten (10) days prior to the activity or event. When the Awardee obtain(s) the building permit(s), the CEDD Project Manager at the Department, must be notified in order to request the project sign from Miami -Dade County General Services Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD Project Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or Certificate of Completion (CC). NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. V. Procurement The Awardee must take affirmative steps to procure supplies, equipment, construction, or services to fulfill this Agreement from minority and women's businesses, and to provide these sources the maximum feasible opportunity to compete for subcontracts to be procured pursuant to this Agreement. To the maximum extent feasible, these businesses shall be located in or owned by residents of the Community Development areas designated by DHCD in the CDBG application approved by the supervising federal agency. The Awardee shall assure that all subcontracts or third party agreements contain provisions with stated goals, that low- income residents from Community Development Target and Service Areas be provided with opportunities for employment and training in contracted activities. In conformance with Section 3 of the Housing and Community Development Act of 1968, the Awardee must direct federal financing assistance towards Target Area residents and ensure that employment and economic opportunities be given to low and very low- income persons, particularly those who are recipients of government assistance for housing according to the guidelines mentioned below: 1. The work to be performed under this Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. 3. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and 21 location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Awardee agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 51 The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 5. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this Agreement that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). 8. Fair Subcontracting Policies (Ordinance 97 -35) All Awardees on County contracts in which subcontractors may be used shall be subject to and comply with Ordinance 97 -35 as amended, requiring Awardees to provide a detailed statement of their policies and procedures for awarding subcontracts which: a) notifies the broadest number of local subcontractors of the opportunity to be awarded a subcontract; b) invites local subcontractors to submit bids /proposals in a practical, expedient way; c) provides local subcontractors access to Information necessary to prepare and formulate a subcontracting bid /proposal; d) allows local subcontractors to meet with appropriate personnel of the Awardee to discuss the Awardee's requirements; and e) awards subcontracts based on full and complete consideration of all submitted proposals and in accordance with the Awardee's stated objectives. All Awardees seeking to contract with the County shall, as a condition of award, provide a statement of their subcontracting policies and procedures (see Attachment G). The County will not execute this Agreement with Awardees who fail to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property Definitions a. Property. As defined on page 2 herein. b. Real Property: Land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. Personal Property: Personal property of any kind except real property. 22 1) Tangible: All personal property having physical existence. 2) Intangible: All personal property having no physical existence such as patents, inventions, and copyrights. c. Nonexpendable Personal Property: Tangible personal property of a nonconsumable nature, with a value of $750 or more per item, with a normal expected life of one or more years, not fixed In place, and not an integral part of a structure, facility or another piece of equipment. d. Expendable Personal Property: All tangible personal property other than nonexpendable property. 2. The Awardee shall comply with the real property requirements as stated below: a. Any real property under the Awardee's control that was acquired or improved by Awardee or DHCD in whole or in part with CDBG funds received from DHCD in excess of $25,000 shall be either: 1) Used to meet one of the three (3) CDBG national objectives until five (5) years after the expiration or termination of this Agreement, or for such longer period of time as determined by DHCD in its sole and absolute discretion; or 2) Not used to meet one of the three (3) CDBG National Objectives. in the event the property is not used to meet one of the national objectives for five (5) years following the expiration or termination of this Agreement or such longer period as determined by DHCD, the Awardee shall, in the sole discretion of DHCD, either pay to DHCD an amount equal to the market value of the property as may be determined by DHCD in its sole and absolute discretion, less any proportionate portion of the value attributable to expenditures of non -CDBG funds for acquisition of, or improvement to, the property or transfer the property to DHCD at no cost to DHCD. Reimbursement is not required after the period of time specified in Paragraph W.2.a.1., above. b. Any real property under the Awardee's control that was acquired or improved in whole or in part with CDBG funds from DHCD for $25,000 or less shall be disposed of, at the expiration or termination of this Agreement, in accordance with instructions from DHCD. C. All real property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD, or transferred to the Awardee after being purchased In whole or in part with funds from DHCD, shall be listed in the property records of the Awardee and shall include a legal description; size; date of acquisition; value at time of acquisition; present market value; present condition; address or location; owner's name if different from the Awardee; information on the transfer or disposition of the property; and map indicating whether property is in parcels, lots, or blocks and showing adjacent streets and roads. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. if the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. d. For awards involving the purchase or improvement of real property, the Awardee agrees to execute a mortgage, loan document, or restrictive covenant for the CDBG award with DHCD within 180 days after the execution of this agreement. Failure to comply with this requirement may result in the retraction of the CDBG award for the project and termination of this agreement. e. All real property shall be inventoried annually by the Awardee and an inventory report shall be submitted to DHCD. This report shall Include the elements listed in Paragraph W.2.c., above. 23 Nothing in this section shall be construed to limit the County's right to collect from Awardee the entire amount of CDBG funds awarded pursuant to this Agreement in the event Awardee fails to meet a national objective. 3. Inventory - Capital Equipment and Real Property All capital items acquired for the project by the Awardee with funds allocated in this Agreement shall be assets of the Awardee and may be secured by a mortgage delivered to the County. A capital item shall be defined as an item that: (1) has a service life in excess of one year; (2) is either complete within itself or Is a major component of another item of property; (3) by definition cannot be described either as supplies or materials; (4) will not be consumed or lose its identity; and (5) has a unit cost of $500 or more. Awardee shall notify the County immediately upon acquiring any capital items with funds allocated in this Agreement The County shall allow the Awardee to retain possession of capital equipment after expiration of this Agreement as long as the Awardee continues to provide the service described in the Scope of Services (Attachment A). If the Awardee disbands, becomes defunct or in any way ceases to exist or if the Awardee ceases to provide the service described in the Scope of Services or another service of value, Awardee shall notify the County immediately and provide instructions describing how the County may take possession of the capital equipment. Awardee shall deliver to the County all documents of title or ownership and shall transfer or assign such ownership rights to the County. Foreclosure of the County mortgage or enforcement of other documents shall not be required in order for the County to claim and take possession of capital equipment. 4. The Awardee shall comply with the nonexpendable personal property requirements as stated below: a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number, Information on its condition; and information on transfer, replacement, or disposition of the property. b. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be inventoried annually by the Awardee and an inventory report shall be submitted to DHCD. The inventory report shall include the elements listed in Paragraph W.3.a., above. C. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest in the County and DHCD. 5. The Awardee shall obtain prior written approval from DHCD for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all such property in accordance with instructions from DHCD. Those instructions may require the return of all such property to DHCD. X. Program Income 1. Program Income as defined in 24 CFR Part 570.500 means gross income received by the Awardee directly generated from activities supported by CDBG funds. When Program Income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. 2. The.Awardee shall not, under any circumstances, use Program Income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules, or any County roles or ordinance. 24 a. The Awardee shall comply with the Program Income provisions in DHCD's Contract Compliance Manual. if any Program Income provisions of the Contract Compliance Manual conflict with any Program Income provisions of this Agreement, the provisions of this Agreement shall rule. b. The Awardee shall report to DHCD all cumulative Program Income generated from activities financed in whole or in part by funds from this Agreement, for as long as it receives and /or has control over Program Income generated from this and any previous Agreements with DHCD. This information along with a check C. If the Awardee requests to use Program Income, the Awardee shall provide to DHCD a written explanation of the activities to be assisted with Program Income and shall obtain DHCD's written approval prior to implementing those activities. All provisions of this Agreement shall apply to any activity performed using Program Income. d. Subject to the limitations set forth In this Agreement, the Awardee may use Program Income to fund any CDBG eligible activity as provided for and defined by 24 CFR Part 570 et.seq. e. Program Income from a revolving loan activity must be used only for the same revolving loan activity. E Program Income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan - related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. g. All Program Income from nonrevolving loan activities shall be substantially disbursed to carry out other DHCD approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. h. Any proceeds from the sale of property as detailed in Section Ii, Paragraph WA., above, shall be considered Program Income. I. The Awardee shall obtain, as part of the required audit report, validation by a certified auditor of all program generated income and its disposition. 3. Upon expiration or termination of this Agreement or at the end of any program year, the Awardee shall transfer to the County any Program Income funds on hand, and any Program Income accounts receivable to any CDBG funded activities. DHCD may require remittance of all or part of any Program Income balances (including investments thereof) held by the Awardee (except those needed for immediate cash needs, cash balances of revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Section 108 security needs). 4. DHCD, in its sole and absolute discretion, reserves the right to pursue other courses of action in the retention and use of Program Income generated by the Awardee, and such action shall not require an amendment to this Agreement. Y. Travel The Awardee shall comply with the County's travel policies. Documentation of travel expenses shall conform to the requirements of DHCD's Contract Compliance Manual. Z. Subcontracts and Assignments Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without FF the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634 -93, Section 10-34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors. The system may be accessed at https:Uwww.epis.gov/ Awardee shall provide to DHCD a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami -Dade County's debarred Contractor's List; Awardee shall, at a minimum, check at http:fl www. miamidade .gov /sbalreports- debarment.asp to determine if a person or entity is on Miami -Dade County's debarred contractor's list. Awardee shall provide DHCD with a printout copy of the site page that indicates the name and the date it was checked. b. Comply with all CDBG requirements, as applicable, as well as the regulations specified in DHCD's Contract Compliance Manual. C. Identify the full, correct, and legal name of the party. d. Describe the activities to be performed: e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or DHCD deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record- keeping requirements described above, and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and a copy of which submitted to DHCD. In such circumstances that open, competitive bids are not feasible or that a minimum of three bids are unobtainable, permission to use other methods of award must be requested in writing and approved by DHCD prior to the assignment or award of subcontract. The Awardee agrees that no assignment or sub - contract will be made or let in connection with the Agreement without the prior written approval of DHCD, which approval shall not be unreasonably withheld, and that all such sub - contractors or assignees shall be governed by the terms and intent of this Agreement. g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." h. Include language stating that the Subcontractor understands and agrees that the County is not a party to the subcontract and has no obligation to the subcontractor. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance With the requirements set forth In the Scope of Services. The Awardee and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services fumished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof. 26 2. The Awardee shall incorporate in all consultant subcontracts this additional provision: The Awardee is not responsible for any insurance or other fringe benefits, e.g., social security, income tax withholdings, retirement or leave benefits, for the Consultant or employees of the Consultant normally available to direct employees of the Awardee. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. 3. The Awardee shall be responsible for monitoring the contractual performance of all subcontracts and their progress toward meeting the approved goals and objectives indicated in the attached Scope of Services. 4. The Awardee shall receive from DHCD written prior approval for any subcontract engaging any party who agrees to carry out any substantive programmatic activities as may be determined by DHCD as described in this Agreement. DHCD's approval shall be obtained prior to the release of any funds to the subcontractor, 5. The Awardee shall receive written approval from DHCD prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. 6. Approval by DHCD of any subcontract or assignment shall not under any circumstance be deemed to provide for the incurrence of any obligation by DHCD in excess of the total dollar amount agreed upon in this Agreement. 7. If the subcontract involves $100,000 or more to provide services listed in the Scope of Services or suppliers to supply the materials, the Awardee shall provide the names of the subcontractors and suppliers to DHCD (Attachment H). 8. The Awardee agrees that it will not change or substitute subcontractors or suppliers from the list (Attachment H) without prior written approval from DHCD. 9. The Awardee shall not hire any of the Awardee's staff members or employees as subcontractors. AA. Additional Funding The Awardee shall notify DHCD of any additional funding received for any activity described in this Agreement. Such notification shall be in writing and received by DHCD within thirty (30) days of the Awardee's notification by the funding source. BB. Method of Payment The Awardee shall be paid as described below 1. The Awardee shall be paid for those expenses allowed pursuant to the provisions provided below only when the Awardee submits to DHCD adequate proof, as determined by DHCD in its sole discretion, that the Awardee has incurred the expenditures. It shall be presumed that the Awardee has provided adequate proof of having incurred expenses if the Awardee submits to DHCD canceled checks or original invoices approved by the Awardee's authorized representative. When original documents cannot be presented, the Awardee must adequately justify their absence in writing and furnish copies of those documents to DHCD. The Awardee shall be paid only for those expenditures contained within Attachment B, "Budget," to this Agreement as it may be revised with the prior written approval by DHCD. 2. Requests for payment (reimbursement) shall be assembled by calendar month and submitted to DHCD no less frequently than monthly. Expenditures incurred by the Awardee must be submitted to DHCD, along with all original invoices, copies of front and back of cancelled checkspaid to all subcontractorsand suppliers, all release of liens from aill subcontractorsand suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. 27 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by DHCD of all reports and documents which the Awardee is required to submit to DHCD pursuant to the terms of this Agreement or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services. Payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement — Attachment A, which shall be submitted with all payment requests and shall cleady identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on file with DHCD and the County's Risk Management Division. DHCD must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this Agreement. if the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payment(s) if DHCD, in its sole discretion, so chooses. 7. All monies paid to the Awardee which have not been used to retire outstanding obligations of this Agreement must be refunded to DHCD In accordance with DHCD's Contract Comoliance Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. In the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest' shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. CC. Reversion of Assets The Awardee shall return to DHCD, upon the expiration or termination of this Agreement, all assets owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. in the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to DHCD of the CDBG Loan. The Awardee shall at the request of the County execute any and all documents, including but not limited to, mortgages securing the property, UCC financing statements, and restrictive covenants, as required by the County to effectuate the reversion of assets. DD. Restriction on the Use of Funds The funds received pursuant this Agreement shall be used for the purposes set forth herein and shall not be used to supplant other funds. In no event shall funds received pursuant to this Agreement be used for: 1. Adverse Actions or Proceedings. The Awardee shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, Instrumentalities, employees or officials. The Awardee shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. 2.. Religious Purposes. County funds shall not be used for religious purposes 28 3. Commingling Funds. The Awardee shall not commingle funds provided under this Agreement with funds received from any other funding sources, but may be included in a Development Bank Account permitted by the first mortgage lender at the discretion of the County. III. THE COUNTY AGREES: Subject to the availability of funds, to pay for contracted Activities according to the terms and conditions contained within this Agreement in an amount not to exceed $50.000. IV. THE AWARDEE AND DHCD AGREE: A. Effective Date 1. This Agreement shall begin on January 1, 2010. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2, This Agreement shall expire on September 30, 2011. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this Agreement. 3, This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 11, Paragraph Y, or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. 4. Management Evaluation and Performance Review The Department may conduct a formal management evaluation and performance review of the Awardee, if in the Department's sole discretion it is deemed necessary and applicable. The management evaluation shall reflect the Awardee's compliance with generally accepted fiscal and organizational standards and practices. The performance review should reflect the quality of service provided and the value received using monitoring data, such as progress reports, site visits, and client surveys. B. Default or Breach 1. The Awardee shall be in default or breach of this Agreement if any of the following acts, omissions or conditions occur: a. The Awardee fails to fulfill each and every provision of this Agreement and the Attachments and fails to provide the services outlined in the Scope of Services (Attachment A) within the effective term of this Agreement. b. Awardee fails to disclose all Related or Affiliated Parties and all matters required to be disclosed as to Related or Affiliated Parties to the County as requried herein. C. Filing of a Ila pendens, foreclosure action, or other legal action against the Property, any property of Awardee or Related or Affiliated Party, or against Awardee or Related or Affiliated Party which the County determines, in its sole discretion, threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d. Any arrearage, default, or late payment on any loan, Note or other debt or obligation for which the Property is security or regarding any property of 29 Awardee or Related or Affiliated Party, including properties not related to this Agreement. e. Any legal encumbrance on the Property not permitted in writing by the County. f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. g. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee fails to report to the County within ten (10) days any bankruptcy, reorganziation, dissolution, liquidation, appointment of a trustee or receiver, lis pendens, foreclosure action or legal encumberance related to the Awardee, Related or Affiliated Party or the Property, or any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and coditions of this Agreement. i. Failure to comply strictly with Section W(2)(a)(1) -(2) of this Agreement. C. Suspension The County may suspend payment in whole or in part under this Contract by providing written notice to the Awardee of such suspension and specifying the effective date thereof, at least ten (10) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Awardee as conditions precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other Agreements entered into between the County and the Awardee. The Awardee shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees. Reasonable cause shall be determined by DHCD, in its sole and absolute discretion, and may include, but is not limited to: a. Ineffective or improper use of these Agreement funds by the Awardee or any of Its subcontractors; b. Failure by the Awardee to materially comply with any term or provision of this Agreement; C. Failure by the Awardee to submit any documents required by this Agreement; or d. The Awardee's submittal of incorrect or incomplete reports or other required documents. 2, in the event of a default by the Awardee, DHCD may at any time suspend the Awardee's authority to obligate funds, withhold payments or both. These actions may apply to only part or all of the activities funded by this Agreement. 3. DHCD will notify the Awardee of the type of action to be taken in writing by certified mail, return receipt requested, or in person with proof of delivery. The notification will include the reason(s) for such action, the conditions of the action, and the necessary corrective action(s). D. Termination Termination at Will This Agreement, in whole or in part, may be terminated by DHCD upon no less than ten (10) working days notice when DHCD determines that it would be in the best interest of DHCD and the County. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. in the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the Awardee with County funds under this Agreement; (b) seek reimbursement of County funds allocated to the Awardee under this Agreement; and /or (c) terminate or cancel any other Agreements entered into between the County and the Awardee. The 30 Awardee shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees. 2. Termination for Convenience DHCD may terminate this Agreement, in whole part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree upon the termination conditions. DHCD, at its sole discretion, reserves the right to terminate this Agreement without cause upon thirty (30) days written notice. Upon receipt of such notice, the Awardee shall not incur any additional costs under this Agreement. 3. Termination Because of Lack of Funds in the event of a funding short-fall, or a reduction in federal appropriations, or should funds to finance this Agreement become unavailable, DHCD may terminate this Agreement upon no less than twenty -four (24) hours written notification to the Awardee. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. DHCD shall be the final authority to determine whether or not funds are available. DHCD may at its discretion terminate, renegotiate and/or adjust the Agreement award whichever is in the best interest of the County. 4. Termination for Substantial Funding Reduction In the event of a substantial funding reduction of the allocation to the Awardee through Board of County Commissioners' action, the Awardee may, at its discretion, request in writing from the Director of DHCD a release from its contractual obligations to the County. The Director of DHCD will review the effect of the request on the community and the County prior to making a final determination. 5. Termination for Default or Breach DHCD may terminate this Agreement upon no less than twenty -four (24) hours written notification to the Awardee for breach or default. 6. Termination for Failure to Make Sufficient Progress. DHCD may terminate this Agreement, in whole or in part, when DHCD determines, in its sole and absolute discretion, that the Awardee is not making sufficient progress thereby endangering ultimate Agreement performance, or is not materially complying with any term or provision of this Agreement, DHCD may treat such failure to comply as a repudiation of this Agreement; Termination for Bankruptcy The County reserves the right to terminate this Agreement, if, during the term of any Agreement the Awardee has with the County, the Awardee becomes involved as a debtor in a bankruptcy proceeding, or becomes involved in a reorganization, dissolution, or liquidation proceeding, or if a trustee or receiver is appointed over all or a substantial portion of the property of the Awardee under federal bankruptcy law or any state insolvency law. 8. General to Termination and Breach Unless the Awardee's breach is waived by the County in writing, the County may, by written notice to the Awardee, terminate this Agreement upon no less than twenty -four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery, Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions herein do not limit the County's right to legal or equitable remedies. The County may resort to any remedy for breach provided herein or at law; including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. In the event the County shall terminate this Agreement for default or breach, the County or its designated representatives, may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 9. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, shall have its Agreement with the County terminated, whenever practicable, as determined by the County: The County may terminate or cancel any other Agreements which such individual or other subcontracted entity has with the County. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attorney's fees. The foregoing notwithstanding, any individual or entity who attempts to meet it contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years. E. Other Remedies In addition to other provisions set forth herein, in the event of default by the Awardee, the County shall have the right to exercise any and all of the following remedies: 1. Awardee shall be liable for all damages, including but not limited to: a. lost revenues; b, the difference between the cost associated with procuring Services hereunder and the amount actually expended by the County for reprocurement of Services, including procurement and administrative costs; and c, such other direct damages. 2, The Awardee shall remain liable for any liabilities and claims related to the Awardee's performance of this Agreement or any breach or default, notwithstanding the expiration or termination of this Agreement. 3. Seek enforcement of this Agreement including but not limited to filing an action with a court of appropriate jurisdiction. The Awardee shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees. 4. Debar the Awardee from future County contracting. 5. Any other remedy available at law or equity. Damages Sustained. Notwithstanding the above, the Awardee shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Agreement, and the County may withhold any payments to the Awardee until such time as the exact amount of damages due the County Is determined. The County may also pursue any remedies available at law or equity to compensate for any damages sustained by the breach. The Awardee shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. Payment Settlement. If termination occurs for reasons other than breach or default, Awardee shall be paid only for reasonable, allowable costs incurred by Awardee prior to notice of termination. DHCD shall be the sole judge of "reasonable, allowable costs." All compensation pursuant to this Article is subject to an audit. 32 Renegotiation, Modification and Right to Waive t. Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if DHCD determines, in its sole and absolute discretion, that federal, state, and/or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. DHCD shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and/or County revisions of any applicable laws or regulations, or increases in budget allocations. 2. The County shall have the right to exercise an option to extend this Agreement for up to one year beyond the current Agreement period and will notify the Awardee(s) in writing of the extension: This Agreement may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Department of Housing and Community Development, 1 DHCD may, for good and sufficient cause, as determined by DHCD in its sole and absolute discretion, waive provisions in this Agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. A. DHCD's failure to exercise any of its rights under this Agreement, or DHCD's waiver of a provision on any one occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by DHCD in the exercise of any right shall operate as a waiver. G. Budget Revisions and. Changes to the CDBG Eligibility Activity Title Revisions to the Budget (Attachment B) shall be requested in writing and must comply with DHCD's Contract Compliance Manual. These revisions shall not require a Agreement amendment unless the amount of this Agreement is changed or unless otherwise required by DHCD. All budget revisions shall require the written approval of DHCD. DHCD shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. 2. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by DHCD no later than 5 working days of the action; written notification will constitute a Agreement amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, DHCD will revise the budget at its discretion. DHCD in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required, will be negotiated to the mutual satisfaction of both parties. 3. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are classified as noted in the Scope of Services shall not require a Agreement amendment. H. Compliance This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and County laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. 33 Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by boor parties and attached to the original of this Agreement. This contract may be executed in counterpart copies, and these counterparts shall togather constitute an original of this Agreement. Disputes In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the questions, including the views of all interested parties and the recommendation of DHCD: to 'iho County Manager for determination. The County Manager, or an authorized representative, v::ili issue a determination within thirty (30) calendar days of receipt and so advise DHCD and the Awardee, or in the event additional time is necessary, DHCD will notify the Awardee within V (- thirty (30) day period that additional time is necessary. The Awardee agrees that the :'non;y Manager's determination shall be final and binding on all parties. J. Headings The section and paragraph headings in this Agreement are inserted for convenience not affect in any way the meaning or interpretation of this Agreement. K. Minority Participation In order to gain greater Black business participation, the Awardee may submit its Agrie:1merd> to the County Manager for bidding and award in accordance with County policies and rarcce :4;u +r;. L. Proceedings This Agreement shall be construed in accordance with the laws of the State of proceedings arising between the parties, in any manner pertaining or relating to this shall, to the extent permitted by law, be held in Miami -Dade County, Florida. M. Notice and Contact All notices between the Parties shall be in writing and sent by registered or cr.;rii'iic a rr'r.: a;�c addressed as follows: 34 TO AWARDEE: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: Buford R. Witt, Acting City Manager COPY TO: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: Carol Aubrun, Gants Writer & Administrator TO COUNTY: Miami -Dade County 111 N. W. 1st Street Miami, Florida 33128 Attn: County Manager COPY TO: Department of Housing and Community Development 701 NW 1 °t Court, 10 Floor Miami, FL 33136 Attn: Shailey Jones Horn, Director COPY TO: Department of Housing and Community Development 701 NW 1" Court, 14" Floor Miami, FL 33136 Attn: Letifia S. Goodson, Project Manager COPY TO: Assistant County Attorney County Attorney's Office 111 N. W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman, Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. In the event that any of the information required by the provisions of this Article is changed by either of the Parties after the execution of this Agreement, the affected Party shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated into this Agreement. N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. O. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights, title or interest therein, or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. Third Parties This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. Q. Survival The parties acknowledge that any of the obligations in this agreement, including but not limited to Awardee's obligation to indemnify the County, will survive the term, termination, and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. R. Autonomy The Parties agree that this Agreement recognizes the autonomy of and stipulates and implies no affiliation between the contracting parties. It is expressly understood and intended that the Awardee is only a recipient of funding support and is not an agent, employee, servant or instrumentality of the County. The Awardee is, and shall be, in the performance of all work services and activities under this Agreement, an Independent contractor, and not an employee, agent or servant of the County. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times, and in all places, be subject to the Awardee's sole direction, supervision and control. The Awardee shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. S. All Terms and Conditions This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment B -1 Idemnification and Insurance Requirements; Attachment B -2 — CDBG Program Requirements; Attachment C - Progress Report and Set -Up Forms; Attachment D - Information for Environmental Review; Attachment E — Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage; Attachment G — Fair Subcontracting Policies; Attachment H — Subcontractor/Supplier Listing) contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. T. Conflict In the event that a conflict arises between any prior funding documents and/or agreements governing this development, the terms, provisions and definitions included in this Agreement shall prevail. In the event that the Subsidy Layering Review (SLR) determines the project's true gap financing needs to be less than the maximum award allocated by the Board of County Commissioners, the SLR amount shall prevail. Any Awardee granted additional funding for a Project, shall be bound by the terms and conditions of the subsequent funding award. U. Interpretation Paragraph headings are for convenience only and are not Intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural and plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. 9M V. Survival The parties acknowledge that any of the obligations in this Agreement, including but not limited to the Awardee's obligation to indemnify the County, will survive the term, termination and cancellation hereof. Accordingly, the respective obligations of the Awardee and the County under this Agreement, which by nature would continue beyond the termination, cancellation or expiration thereof, shall survive termination, cancellation or expiration hereof. W. Corporate Governance A Not- for - Profit Awardee shall abide by and be governed by Chapter 617, Florida Statutes, particularly Sections 617,0830 through 617.0835 as amended, which are incorporated herein by reference as if fully set forth herein in connection with its Agreement obligations hereunder. A For - Profit Awardee shall abide by and be governed by Chapter 607, Florida Statutes, particularly Sections 607.0830 through 607.0833, as amended, which is incorporated herein by reference as if fully set forth herein in connection with its contractual obligations hereunder. 37 IN WITNESS THEREOF, the parties hereto have ca d this Thi - fight (38) pge a contract to be executed by their undersigned officials as duly authorized, this day of 21 Q. AWARDEE: M MI -DADE COUNTY City of South Miami BY:/C� NAME: Hector Mirabile r Q�•�^ TITLE: City Manager �1 DATE: Ch}jP ( CrA URl( �� oC C) 1(� NAME Maria M. Menendez TITLE: I DATE Witnesses: BY: �e�ht� K.or -J-h M Type or Print Name Federal ID Number: Resolution #: R- 489 -10 59- 6000431 Awardee's Fiscal Year Ending Date: September 30`h CORPORATE SEAL: BY: _ NAME: Carlos Alvarez TITLE: Mayor ATTEST BY:. TITLE: Clerk* mtT 6? �z AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 38 . _. _. City of South Miami FY 2010 Scope of Services January 1, 2010 — September 30, 2011 - ACTIVITY TITLE: IDIS #: INDEX CODE: RESOLUTION #: DUNS #: ACTIVITY # 4 Al ATTACHMENT A SW 64" Street Corridor Improvements — Phase I 024628976 20043031 2. - ACTIVITY DESCRIPTION: Street Improvements and reconstruction along SW 64" Street from SW 57'" Avenue (Red Road) to SW 62' venue to include brick pavers, 4 -way stop sign with traffic roadway improvements along this corridor. Will benefit 952 people from the area. 2a— Activity Category: 2b. — Objective: 2c. — Outcome: 3. - APPROVED BY BCC: Other Funding Source and Amount, 4. - TOTAL PROJECT COST: 5. - HUD INFORMATION: 5a. — HUD matrix code: 5b. — HUD Activity Type: 5c. — Eligibility 6. - ACCOMPLISHMENTS: 6a. — Number of Units: 6b. —Type: 7. - NATIONAL OBJECTIVE: Total # of Low/Mod in Service Area: Census Tract: Block Croup: S. - ACTIVITY ADDRESS: Sustainability Amount: $50,000 Source: CDBG FY: 2010 South Miami CRA $10,000 952 People 570.208(a)(1) LMA 76.03 SW 640' Street from SW 571" Avenue to SW 6P Avenue 9. - LOCATION: South Miami, Florida 33143 NRSA: South Miami District: 07 10. -LABOR STANDARD applicable Type of Work: ❑ Building ❑ Residential ❑ Highway ❑ Heavy COMMENTS: PROJECT MANAGER: Letitia S. Goodson PLANNER: N m 0 5 ;;yry' N %1 ��, O A faro � 1`f� n i 2 to m cv w • "o s MIT O U! 101 +�,�,". v g '°. ' 3_3 �" v' �� •'{_ o _ 3, .. v 3, .�° n i 9' v< '^ t 8 A Yifi N µ N ., N �' m ,n ��_ m b � o v: •i N 8 r5 m o m � o� � 3> � a c c � c •-� v� -a y o: m m m m a c O m n m N z to Yq!A Bpi iL v O c � yg OD g A ° _z •cm `3 3OC '+.�� '. at , M, O m A 4 m A H � • � 3 m � c y: 'a IE O MR 0 m i io OR > > ni m 2 2 N 2 g OR P. m > g OU v 10 m9c C� o Do 0 n m C tt Attachment B SOURCES OF OTHER FUNDING TOTAL AMOUNT South Miami CRA $10,000 CITY OF SOUTH MIAMI SW 64th Street Corridor improvements - Phase I CDBG FY2010 SUMMARY BUDGET January 1, 2010 thru September 30, 2011 PRIOR YEAR FY 2010 NON -DHCD CATEGORIES FUNDING FUNDING FUNDING TOTAL 1. Personnel $0 $1,722 $0 $1,722 II.Contractual Services $0 $5,000 $0 $5,000 III.Operating Services $0 $0 $0 $0 IV. Capital Outlay $0 $43,278 $10,000 $53,276 TOTAL BUDGET $0 $50,000 $50,000 $60,000 SOURCES OF OTHER FUNDING TOTAL AMOUNT South Miami CRA $10,000 Atfachn,,P >.i B CITY OF SOUTH MIAMI CDBG FY 2010 SW 64th Street Corridor Improvements - Phase I DETAIL BUDGET January 1, 2010 thru September 30, 2011 4010 Fringe Beneffis PP Non -HCD DHCD Total HDCD Total All Sources 4010 PERSONNEL- Employee $ _ 122, 21012 Environmental Audit $ $ - Regular- Salaries $ Sub -Total Fringe Professional- Svc Const Mgmt $ $ 122 Public Works Director $ $ - $ 800 $ 800 $ 800 j Chief Accountant 1 $ $ $ $ �_ „1 Grants Administrator 1 $ $ $ 800 $ 800 $ sW i Sub -Total Salaries $ $ 1,600 $ 1,600 $ 1,600 4010 Fringe Beneffis __._..._.._...- FICA (salaryX7.65 %) $ $ 122 $ 122 $ _ 122, 21012 Environmental Audit $ $ - $ $ Sub -Total Fringe Professional- Svc Const Mgmt $ $ 122 $ 122 $ $ — -S.00U 21030 Other Professional Svc $ 1 Total Personnel $ ,_ ...... ...... $ $ 1,722 $ 1,722 1 $ Contractual Services __._..._.._...- 21011 External Audit $ $ - $ $ ,,,,,,,. -. 21012 Environmental Audit $ $ - $ $ 21030 Other Professional- Svc Const Mgmt $ - $ $ $ 5,000 $ 5,000 $ — -S.00U 21030 Other Professional Svc $ $ $ $ ,_ ...... ...... 22350 Bottled Water $ 25330 Rent Copier $ 25511 Building Rental Total Contractual $ $ $ $ 51000 $ - $ 51000 $ $ - ,P_5,00' Operating Expenses _ __._..._.._...- 31011 Telephone Regular $ $ - $ $ - $ $ - $ $ _ 31011 Telephone Long Distance $ $ $ $ � _ - 31610 Postage $ $ - $ $ - $ $ - $ $ Commodities 31510 Outside Printing $ $ - $ $ _ ..... ... .... ..... 95020 Computer Purchase $ - $ - $ - _____...........__.:........ 47010 Office Supplies/ Outside Vendors $ $ $. $ Total Commodities $ $ $ $ ,,,.- .- _....__..... _,.... Capital Outlay .,_..,._.,._.,._. Construction $ - 61625 Infrastructure Improvements 1 $ 10,000 $ 43,278 $ 43,278 Total Capital Outlay is 10,000 Is 43,278 7O7AL BUDGET I is 10,000 Is 50,000 Is 50,000 $ ,__.^,!z3`, 1 SOURCES OF OTHER FUNDING TOTAL AMOUNT South Miami CRA $65,000 17 Capital Outlay .,_..,._.,._.,._. Construction $ - 61625 Infrastructure Improvements 1 $ 10,000 $ 43,278 $ 43,278 Total Capital Outlay is 10,000 Is 43,278 7O7AL BUDGET I is 10,000 Is 50,000 Is 50,000 $ ,__.^,!z3`, 1 SOURCES OF OTHER FUNDING TOTAL AMOUNT South Miami CRA $65,000 17 7O7AL BUDGET I is 10,000 Is 50,000 Is 50,000 $ ,__.^,!z3`, 1 SOURCES OF OTHER FUNDING TOTAL AMOUNT South Miami CRA $65,000 17 ATTACHMENT 9 -1 INDEMNIFICATION AND INSURANCE REQUIREMENTS FOR CONSTRUCTION AND MAJOR REHABILITATION ACTIVITIES Contractor shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature ansing.out of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigates and, defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate. proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein as herein provided. The Contractor shall furnish to the Miami -Dade County, clo. the Department of Housing and Community Development, 701 NW 1St Court `+ Floor Miami FL 3313fi Certificate (s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the Contractor as required by Florida Statute 440. B. Public Liability Insurance on a comprehensive basis in an amount ,not less than $500,000 combined single limit per occurrence for bodily injury and property .damage. Miami -Dade County must be. shown as an additional insured with respect to this coverage. C. Automobile Liability Insurance covering a1I owned, non = owned and hired vehicles used in connection with the work, iir an amount not less than $500,000 combined single limit per occurrence for bodily injury and property damage. D. Completed Valued Builder's Risk Insurance on an "All Risk" basis,in.an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). They policy shall be in the name of Miami -Dade slid the Contractor. E. Professional Liability Insurance in the name of design professional for this project, in an amount not less than $250,000 with the deductible per claim, if any; not to exceed 1'0% of the limit. All insurance policies required above shall be issued by companies authorized to do business under the laws Of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and rro less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, Published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies Authorized or Approved to Do Business in Florida ", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates of will indicate that no modification or change in insurance shall . be made without thirty (30) days in advance notice to the certificate holder. ATTACHMENT B -2 Community Development Block Grant (CDBG) Program A. Schedule of Units — For Awardees undertaking the development of for -sale ownership or rental housing, the description of the proposed units to be completed is as follows (to be completed by Awardee): Schedule of Units For Awardees undertaking rental housing, the Awardee agrees with respect to the Development for the period beginning on the date of recordation of the Mortgage and Security Agreement securing the DHCD Loan, that: a. The Awardee shall designate and set -aside units for very low, low- income, or moderate income families in the configuration as described in the Schedule of Units referenced herein. "b:" At the Very. minimum, the Awardee shall be. required to equip each unit with the following: refrigerator, oven, carpeting /tile, and central air conditioning, c. Each unit shalt meet the energy efficiency standards promulgated by the HUD Secretary. d. The Awardee must verify that all households assisted have annual incomes that do not exceed 80% of the Area Median income (AN). The awardee must report to DHCD the number of set -aside housing units completed and occupied, including demographic information on each head of household. B. .AWARDEE 013LIGATIONS AND DUTIES 1. The Awardee shalt begin construction no later than twelve (12) months after execution of the 2010 RFA Funding Agreement. All construction shall be completed within twenty -four (24)' months of execution of the Agreement. Construction is completed when a Certificate of Occupancy (CO) is issued. 2. The Awardee shall submit to DHCD, in writing, all requests for project construction start=up and completion extensions, including a revised timetable for completion of the project. Such written requests must be submitted to DHCD at least sixty (60) days prior to the expiration date of the contract or amendment. if the extension request is not timely submitted, the funding award shall be automatically forfeited by the Awardee. 3. The Awardee shall obtain prior written approval from DHCD before undertaking any and all changes to the project, including, but, not limited to changes in the proposed unit sales prices or rents (as applicable), start-up and completion. date extension request, unit set - aside, floor plans and amounts to be cont osing. ributed towards cl The Awardee shall send DHCD notice of such changes within thirty (30) days of any such increase.. 4. The Awardee shall execute a Regulatory Agreement, Note, and Mortgage delineating a set -aside of units that is proportionate to the level of funding received pursuant to the funding sources. S. The Awardee shall forward to DHCD within fifteen [15j days of execution of this contract an Affirmative Marketing Program to attract and identify prospective renters or homebuyers. (as applicable), regardless of sex, of all minority and majority groups, Marketing the Project, particularly groups that are, not likely to be. aware of the Project. The arketing Plan should include efforts designed.to make such persons /group's aware of the available housing, including, but not limited to the following activities: Submit proof of advertising in The Miami Herald, Diario Las Americas and Miami es; in an, effort to afford alt ethnic groups the opportunity to obtain affo Tim rdable housing.. The Awardee shall provide proof of other special marketing efforts including advertising Multiple Listings Service (MLS) through a licensed real estate professional. 6. The Awardee shall provide DHCD with a complete set of permitted plans, approved specifications, and permits for each building or unit model; as applicable, upon approval by the appropriate controlling municipality prior to commencing construction. 7. The Awardee shall provide to DHCD for approval prior to awarding the construction contract for the Development, the name of the General Contractor. 8. Prior to the commencement of construction, the Awardee shalt provide to DHCD the General Contractor's Payment & Performance Bond (P &PB). At DHCD's discretion, based on the Awardee's organizational capacity, track record, and .experience, an irrevocable Stand -by Letter of Credit may be accepted in lieu of the 'P &PB. In such event, the Letter of Credit must be issued by a Florida chartered bank or national bank operating in Florida in the amount of ten percent (10 %). of the construction contract amount, in US funds, with Miami -Dade County listed as the beneficiary. 9. The Awardee shall schedule a Pre - Construction. Conference with DHCD at least sixty (60) days prior to the commencement of construction. 10. The Awardee shall provide DHCD with a written commitment for construction financing from a financial institution(s) at the time of construction loan closing. 11. The Awardee agrees to notify DHCD in writing within fourteen (14) days of any key personnel or location changes in the management company. 12_ During the Design Stage, the Awardee shall obtain Professional Liability Insurance in the name of the Awardee or the licensed design professional employed by the Awardee in an amount of not less than $250,000, and shall furnish to DHCD the relevant Certificates of Insurance evidencing. the prescribed insurance coverage in accordance with ATTACHMENT B -1 of this contract. C. DHCD OBLIGATIONS AND DUTIES 1. DHCD shall manage its own disbu[sements and act as the disbursement agent for ail construction loan funding draws. 2. DHCD will monitor the project for adherence to plans, unit layout-and deadlines for project completion in accordance with the Contract and the Scope' of Seivices. . 3. DHCD shall forward to the County's Risk Management all required and applicable Certificate(s) of insurance. 4. DHCD shall disburse the awarded funding only after the Awardee closes on the construction loan, all required loan documents have been recorded, and the Awardee has timely submitted funding draw requests and relevant invoices in the prescribed manner and as satisfactory to DHCD. . 5. DHCD shall notify the Awardee of any address/location changes to DHCD's contact information within forty -five (45) days of its occurrence. D. NATIONAL OBJECTIVE In accordance with 24 CFR Section 570.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Senetit to Low and Moderate income Persons or Households (LMI). For activities designed to meet the LMI national objective, the Awardee shall ensure and maintain documentation, acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to persons. where no less than 51 % of those benefitted are low- and moderate - income persons with household incomes at or below 80% of Area Median Income (AMI), as further defined in the chart below; 37,800 62,600 Source: http:!/ www. huduserorg/ publications/comrndevl/nsp.hfml The Awardee may achieve the LMI national objective by undertaking activities that fat! under one of four (4) primary LMI cageoories: I. To benefit Low Mod Area (LMA) For activities designed to meet the LMI national objective category of Low Moderate Area Benefit (LMA), the Awardee shall ensure and maintain documentation, acceptable to DHCQ in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity that provides benefit to residents in a particular area, whereat least 51% of the residents are LMI persons. The service area of the, activity must be primarily residential and the activity must meet the identified needs of LMI persons. A service area is considered to meet the test of being LMI if at .least 51% of the persons residing in the service area are low - to moderate - income, as determined by: a. the most recently available .decennial Census information, together with the Section 8 income limits that, would have applied. at the time the income information was collected by the Census Bureau; or b. a current survey of residents of the service area. If the proposed activity's service area is generally the same as a census tract or block.group, then the Census data may be used to justify the income characteristics of the area served. 2. To benefit Low Mod Limited Clientele (LMC) For activities designed to meet the LMI national objective category of Low Moderate Limited Clientele (LMC), the Awardee shalt ensure and maintain documentation. acceptable to DHCD in its sole discretion that conclusively demonstrates that each activity assisted in whole or in part with CDBG funds is an activity in which no less than 51% of the beneficiaries of the activity ire. LMI persons. Activities in this category provide benefits to a specific group of persons rather than everyone in an area. it may benefit particular persons without regard to their residence, or it ma', be an activity that provides a benefit to only particular persons within a specific area. With respect to determining the beneficiaries of activities as LMI and qualifying under the limited clientele category, activities must meet one of the following tests: a. Benefit a clientele that is generally presumed to be principally LMI. This presumption covers abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers -,or b. Require_ documentation on family size and income in order to show that at least 51% of the clientele are LMI; or c. Have income eligibility requirements limiting the activity to LMI persons only; or d. Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. 3.. Low Mod Job Creation or Retention Activities (LMJ) The job creation and retention Low Moderate Job (LMJ) benefit national objective category addresses activities designed.to create or retain permanent jobs, of least 51% of which, computed on.a full -time equivalent basis, will be made available to, or held by, . LMj persons. For Awardees undertaking activities. to create jobs, there must be documentation indicating that at least 51% of the jobs will be held by,'or made available to LMI persons. Far Awardees undertaking activities that 'retain jobs, there must be sufficient information documenting that the jobs would have been lost without the CDBG assistance and that one or both of the following applies to at least 51 % of the jobs: a. The job is held by.a LMI person; or U. The 'job can reasonably be expected to turn over within the following two years and steps will be taken: to ensure that the job will be filled by, or made available to, a LMI person. For the purpose of determining if the preceding requirements are met, a person may be presumed to be LMI if: I. He /she resides in a Census tract/block numbering area that has a 20% poverty rate (30% poverty rate if the area includes the. central business . district); and the area evidences pervasive poverty and general. distress; or II. .He /she lives in an area that is part of a Federally - designated Empowerment Zone (EZ) or Enterprise Community (EC); or Ill. He /she resides in a Census Tract/block numbering area where at least 70% of the residents are LMI. 4. Low Mod Housing Activities (LMH) The housing category of LMH benefit. national objective qualifies activities.that are undertaken for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by LMI households. In order to meet the housing LMI national objective, structures with one unit must be occupied by a LMI household. If the structure contains two units, at least one unit must be LMI occupied. Structures with three or more units must have at least 51% occupied by LMI households. a. Rental buildings under common ownership and management that are located on the same or,contiguous properties may be considered as a single structure. b. For rental housing, occupandy by.LMI households must be at affordable rents as established annually by the U.S. Department of Housing and Urban Development (HUD) and consistent with standards adopted and publicized by DHCD. The Awardee shall comply with all applicable provisions of 24 CFR Part 5570 and shall carry out each activity in compliance with all applicable federal laws and regulations described therein. If the Awardee is a primarily religious entity, it shalt comply with all provisions of 24 CFR 570.200 (j). For Housing, Rehabilitation, and Construction activities, all conditions in this section will apply 'throughout the regulatory period identified in the national objective. Throughout that ',period, the Awardee will be required to submit an annual report regarding its compliance with the national objective, and DHCD will have the right to monitor the activity. The Awardee shall comply with all applicable uniform administrative requirements as described in 24 CFR 570.502. r J ATTACHMENT C QUARTERLY EXPENDITURE AND wi�A:IIA PROGRESS REPORT • FY 2010 0 7a Quarter [Jan -Mar] ❑ 2nd Quarter [Apr -Jun] Q 3rd Quarter [Jul -Sept] ❑ 4u, Quarter [Oct -Dec] / Annual Report 'wQl�re,- ,tt%"'�3 .., �hf. ... V.� ..��1��.:, � ;� ,,.,.r0. r�'a �i: a.]'t�fi�, i��"�it��3 �fb,i a, s�'i4�•e�'{�,a.'.1cEa�A �re�il. r��5.�t�.�r 'z .".tti�.:}�.:at�xti.�t�r.`r u'��.( �, l�ssr.•�, a' Recipient Name (Organization): Contact Person (Name & Title): Telephone Number: Activity Name (Project Title): Activity Address: Activity Description: Activity ID ft: Index Code: Funding Source: Funded Amount: Activity Category: 0 Administration 0 Capital Improvement 0 Economic Development 0 Historic Preservation 0 Housing 0 Public Service Objective: 0 Create suitable living environments El Provide decent affordable housing 0 Create economic opportunities Outcome: 0 Availability /Accessibility 0 Affordability 0 Sustainabifity A R C n E- F G H Program Income + The disposition of Program income not specifically listed in the approved Program Income budget requires prior written approval from DHCD. 1. Does this activity generate Program Income? 0 Yes 0 No 2. If yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? 0 Yes 0 No El NIA It yes, @ attach copy of approval fetter and related documents. It no, a written request for approval to use the Program Income must be submitted to DHCD -or -a check payable to Miami - Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract.* Check Attached? 0 Yes ❑ No ❑ NIA 1. Activity Status: Ea Cancelled 0 Underway 0 Completed 2, Environmental Status: 0 A= Exempt 0 C= Completed 0 D= Underway 3. Is this activity still In compliance with the original project schedule? 0 Yes 0 No gir -E '.I N�{r-s�`mC °i3; es3nsa`. fiUtas2na yea ea egd �ra� ns. _ufvf; Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (LR12AMS) 12-2"9R APPROVED TOTAL ACTUAL EXPENDITURES REIMBURSED CUMULATIVE PROJECTED PROJECTED CUMULATIVE CATEGORY BUDGET EXPENDED CUMULATIVE CUMULATIVE PERCENTAGE EXPENDITURES EXPENDf7URE (This quadert (Through end of MIS quaderj [Through end or this quanerj (sent (nextquadeej Jay end oiCo Affect Pedad) Personnel $ $ $ $ % $ $ Contractual $ - — $ $ $ % $ $ Operating costs $ - — $ $ $ % $ $ Commodities $ $ $ $ % $ $ Capital Outlay $ $ $ $ % $ $ TOTAL $ - - $ $ $ % ,$ $ Program Income + The disposition of Program income not specifically listed in the approved Program Income budget requires prior written approval from DHCD. 1. Does this activity generate Program Income? 0 Yes 0 No 2. If yes, indicate the amount generated this quarter. $ 3. If yes, was written approval granted by DHCD to use the Program Income generated from this activity? 0 Yes 0 No El NIA It yes, @ attach copy of approval fetter and related documents. It no, a written request for approval to use the Program Income must be submitted to DHCD -or -a check payable to Miami - Dade County for the generated Program Income must be submitted quarterly in accordance with the terms of the contract.* Check Attached? 0 Yes ❑ No ❑ NIA 1. Activity Status: Ea Cancelled 0 Underway 0 Completed 2, Environmental Status: 0 A= Exempt 0 C= Completed 0 D= Underway 3. Is this activity still In compliance with the original project schedule? 0 Yes 0 No gir -E '.I N�{r-s�`mC °i3; es3nsa`. fiUtas2na yea ea egd �ra� ns. _ufvf; Department of Housing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (LR12AMS) 12-2"9R Sg C uNTv QUARTERLY EXPENDITURE AND PROGRESS REPORT • FY 2010 .ob1e. n,'. '�8!i„fo �leGi+.e��!�dj�'` ,... �t„ aYf+$ '" � a l ��O}aFi,�s"�`�ee��:a8°bv°. iP��,hee'8�b ,te'uo.pa44s3i'stan,9a�! "s lOrs'petto Fr e�r`eacOk�'aa4aira �.`o5, e'-assls'Ja�tn...,C'd9q> ® i y7N W art � en}t u S r s %' �x"'� t ,�- sf -1 I;•j £ � a'`�''3 `" 'u`k "xy.S�v,::u, t t`fY'C jaw , rw�.,� t7tr r '>7 t., ..z .� �'% h, a Accomplishment Type: ❑ People loll ❑ Households 1041 ❑ Businesses [o8i ❑ Organizations 1091 ❑ Housing Units full ❑ Public Facilities fill ❑ Jobs [131 National Objective: ❑ Area Wide Benefit (e.g. LMA, L4MFI, LMASA, SBA) -or- ❑ Direct Benefit [e.g: LMC, LMH, LMJ] PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials NOTE: Submittal of Supplemental Form — Performance & Senefd Data is not required at this time based on the cofcalion that no accomplishments occurred during this quarter. CERTIFICATION This is to certify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements, Report Prepared by: Signature of Certifying Official: Title: Title: Date: Date: ��` �?,1 t�* ��s�x 'x''?��'Ev.,e'''�'r�%Kt*��'°` `�11011%;10,1S , §r Activity lDlSNumber: Report ❑ Is 1 ❑ is not complete ♦ Report ❑ is I ❑ is not accurate • Initial review for completeness and accuracy completed by: Name: Date: Name: Date: contracts officer - Team Leader /Supervisor Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure & Progress Report (LRt2 -IM8) 12- 23-098 Jobs Created �� Jobs Retained �i FT Jobs L0w1Mod PT Jabs Low d Total Projected Goal FT Jobs ' Lo d PT Jobs Low T t Actual Cumulative *Supplemental Form Required` Performance & Benefit Data: Economic Development— Attached Y 1 N : �? PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials NOTE: Submittal of Supplemental Form — Performance & Senefd Data is not required at this time based on the cofcalion that no accomplishments occurred during this quarter. CERTIFICATION This is to certify that the data and other information provided in this Report is correct, based on official accounting system and records, and that expenditures and obligations shown have been made for the purpose of and in accordance with applicable Terms and Conditions of the Contract and Funding Requirements, Report Prepared by: Signature of Certifying Official: Title: Title: Date: Date: ��` �?,1 t�* ��s�x 'x''?��'Ev.,e'''�'r�%Kt*��'°` `�11011%;10,1S , §r Activity lDlSNumber: Report ❑ Is 1 ❑ is not complete ♦ Report ❑ is I ❑ is not accurate • Initial review for completeness and accuracy completed by: Name: Date: Name: Date: contracts officer - Team Leader /Supervisor Department of Housing and Economic Development Page 2 of 2 Quarterly Expenditure & Progress Report (LRt2 -IM8) 12- 23-098 CelI1 Y Recipient Name: Activity Name: Activity ID #: HUD Activity Matrix Code: _ HUD Matrix Code Description: Performance & Benefit Data: Capital Improvement & Public Facilities Supplement to Quarterly Expenditure and Progress Report m FY 2010 Activity Category: — Accompiishment Type: 0 Acquisition / Disposition ❑ Clearance / Demolition ❑ Street Improvements ❑ Public Facility / Type: © Building / Type: Y El Other Capital Improvement /Type: rndlcate WOW) 1. Total benefiting for program year: 3. Of those assisted, enter the number that _R tb Glo"b"e Ala'% } 51 erj ml '. Structures l'wl I■SIIl41I Yt S...k. l.e, dc4'J. I Structures Served Persons .,• , eu' Persons Served • Low & Moderate Income Facilities * Persons Served • Low /Mod Income Persons Served e Low & Moderate Income ® o e �T # of Structures # of Parcels # of Facilities # of Persons Served # of Low /Mod Income National Objectives Include LMA, LMC, LMH, SBA, SBR, SBS or URG 2. Counts by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit c) Now receive a service or benefit that is no longer substandard Total d) Now have new access to this type of public facility or infrastructure improvement e) Now have improved access to this type of public facility or infrastructure improvement f) That are served by a public facility or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created in overnight shelter or other emergency housing RACE / ETHNIC CATEGORY Instructions: Indicate the total numberof households or persons served in each Racial Category for this reporting period and the cumulative total. From the total numberdepioted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity forthis reporting period and the cumulative total. RACIAL CATEGORIES 1st Quarter [Jan-Marl[� — — Zed Quarter [Apr -Jun Rm 3r1 Quarter Jul -Set (] 4th Quarter [OcWecl I Annual Pap, Total Number ® o e �T # of Structures # of Parcels # of Facilities # of Persons Served # of Low /Mod Income National Objectives Include LMA, LMC, LMH, SBA, SBR, SBS or URG 2. Counts by Households (H) -or- Persons (P): a) Now have new access to this service or benefit b) Now have improved access to this service or benefit c) Now receive a service or benefit that is no longer substandard Total d) Now have new access to this type of public facility or infrastructure improvement e) Now have improved access to this type of public facility or infrastructure improvement f) That are served by a public facility or infrastructure that is no longer substandard Total g) Homeless persons given overnight shelter h) Number of beds created in overnight shelter or other emergency housing RACE / ETHNIC CATEGORY Instructions: Indicate the total numberof households or persons served in each Racial Category for this reporting period and the cumulative total. From the total numberdepioted in each Racial Category, indicate the numbers that are of Hispanic Ethnicity forthis reporting period and the cumulative total. RACIAL CATEGORIES Rm EthnicCate o RaciatCategories Ethnic Category Total Number Number Hispanic Total Number Number Hispanic White [111 Black f African American 1121 Asian [13] American Indian /Alaskan Native 1141 Native Hawaiian /Other Pacific Islander [151 American Indian /Alaskan Native & White [161 Asian & White I17J . ' Black! African American & White [161 American Indian or Alaskan Native & Black /African [191 Other Multi Racial 1201 Totals Performance 6 Benefit Data: Capital improvement & Public Facilities ILR 12 -10-08112 -23 -09 R Page i of 2 Supplement to Quarterly Expenditure & Progress Report MLKHI C Performance & Benefit Data; Capital Improvement & Public Facilities Supplement to Quarterly Expenditure and Progress Report IN FY 2010 1:. � ? a 4� )r �a"c' `4% *M11"5+� 'F.0 -tht C ti, "1 i M s'x V � �, t � ✓niti.. :�r,, .;'r;ra ».,i <}�rxe�.r?.:,. - „, ini. �, lth.* G, x” 7r: DCf�Fui:,. �8. �',`%:. Ir, ��TjI�, FnR, �il1' f, IQT1[C.Q,��l'Ii�I,��d,��aa�,^`« .C��,x`':_:!a.K�iaS��- ,•,1'> ,~,C�t "'^��", �w <t:; DIRECT BENEFIT BY INCOME CATEGORY OTHER DIRECT BENEFIT INFORMATION Income Categories REt'QR.T t;ERf0;B 70T'A1Sz !,Ufvf @t;ATI}f TOTAL =S,i Other Categories "; PPORS +F#k; QC>s70T,t.0 ,G;U.MU 7tV, 7nTALS`. ^,: Total Number Total Number Total Number Total Number Extremely Low (30% or less) 3. ESG Funds $ Total # Benefiting from the Activity $ 4. Section 108 Loan Guarantee Low (31 %- 50 %) B. Other: Moderate (51 %- 80 %) N3mtl of Funding sauce # of Female Headed Households $ Non Low/Mod (81 % or greater) Totals 4J�yWx�»�?NTE..., .5',.S:rm #ice. :�1'��,�.�r��Fe: ��xi'Y��iti�h %`v4",S� A�.�..�riiWM4P�`�I,I,Y),•I,i HTt,�lpimx'.fi n3�:��Y�, ?�,t�x.%t ✓xU ry��xi,R ie�'�ts }`hz k,� +3`a^;�n��it *�F+,db Census (C) or Survey (S) Data Used: Total # of Low /Mod in Service Area: Percent of Low /Mod in Service Area: Census Tract: Census Tract: Census Tract: If (S), enter # of low /Mod & Total Population: Total Low /Mod Universe Population in Service Area. Block Groups: Block Groups: Block Groups: Report Prepared by: Title: Pint Name Signature of Certifying Official: Title: Date: Date: Performance & Benefit Data: Capital Improvement & Public Facilities (LR 12.90 -08112.23 -09 R Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report $ 1. CDBG Funds $ 5. Other Federal Funds $ 2. HOME Funds $ 6. State / Local Funds $ 3. ESG Funds $ 7. Private Funds $ 4. Section 108 Loan Guarantee $ B. Other: N3mtl of Funding sauce $ Total Funds Report Prepared by: Title: Pint Name Signature of Certifying Official: Title: Date: Date: Performance & Benefit Data: Capital Improvement & Public Facilities (LR 12.90 -08112.23 -09 R Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Reporting Period: Enter "X" in the box that corresponds with the appropriate reporting period for this report. Section 1: General Information 1. Recipient Name: Fill in the appropdate Agency I Organization Name. 2. Contact Person: Fill in the Contact Person's Name and Title. 3. Telephone Number: Fill in the Telephone Number of the Contact Person. 4, Activity Name (Project Title): Enter the name of the activity. 5. Activity Address: Enter the complete address of the location where the activity is taking place. 6. Activity Description: Enter brief description of the activity (120 characters maximum). 7. Activity ID #: Enter Activity ID No, of the activity. 8. Index Code: Enter the Index Code from FAMIS. 9. Funding Source: Enter the funding source (e.g. CDBG 06, CDBG OR 07, ESG 07, HOME 98, HOME CHDO 08, etc.). 10. Funded Amount: Enter the total funded amount of the activity, include additional awards (same funding source) if applicable. 11. Activity Category: Enter "X" in the box that corresponds with the appropriate Category of the activity (e.g. Housing, Economic Development, etc.). 12. Objective: Enter "X" in all that apply for the primary objective the activity is designed to provide. 13. Outcome : Enter "X" in all that apply for the primary outcome the activity is designed to provide. Section It: Financial information 1. Column B: Enter amount budgeted for the activity in each category of the approved budget (or most recent approved budget amendment). 2. Column C: Enter amount expended for the activity in each category during this reporting period. 3. Column D: Enter the actual cumulative expenditures from beginning of the contract through the end of this reporting period for each category. 4. Column E: Enter the cumulative amount reimbursed from beginning of the contract through the end of this reporting period for each category. 5. Column F: Enter the cumulative percent of expenditures for each category by dividing each amount in column D (Actual Cumulative Expenditures) by the corresponding amounts as shown in column B (Approved Budget). Example - If Column D shows $5,000 expended to date in the Personnel Category and Column B shows $20,000 in the Approved Budget for this category, then the percentage in Column F would be 25 %. 6. Column G: Enter amount of projected expenditures in each category for the next quarter (reporting period). 7. Column H: Enter amount of projected cumulative expenditures in each category from beginning of the contract through the end of the contract period. 8. Total: Please include totals at the bottom of each column B through H. 9. Generate Program Income ?: Enter "X" in the "Yes" box if this activity is expected to generate Program Income; otherwise enter "X" in the "No" box. 1D. If the response is "Yes" to Program Income: Indicate the amount of program income generated during this reporting period; if the answer was "No" enter N /A. 11. If Program Income is generated: Enter "X" in the "Yes" if DHCD approved use of the Program Income & provide copy of written approval letter along with all related documents. Otherwise, enter "X" in the "No" box and submit a written request for approval -or- a check payable to Miami -Dade County for the generated Program Income. 1, Activity Status: Enter "X" in box that corresponds with the appropriate status of the activity [Cancelled, Underway, or Completed]. Please note that an activity is considered complete once it meets its national objective, all accomplishments have been reported, and all the funds are drawn from IDIS. X" 2. Environmental Status: Enter " in the box that corresponds with the appropriate status of the activity [A =Exempt, C =Completed, or D= Underwayj 3. Compliance with Original Project Schedule: Enter "X" in the 'Yes" box if the activity complies with the original project schedule; if not enter "V in the - Ve box. Section 111: Work in Progress Provide a brief narrative description of work in progress during this reporting period. For example - • Housing - During this period architectural drawings were completed, building department approved drawings; environmental approval received, plat filed with the County, and construction is expected to begin next quarter. • Economic Development - Fifteen jobs were created during the reporting period, five additional jobs are expected to be created by next quarter. • Capital Improvement - 75% of construction of the childcare center completed this reporting period. Project on schedule and is expected to be completed by next quarter. Section IV: Other Supporting Efforts Provide a brief narrative description of all other supporting efforts that have begun, partially implemented, or completed during this reporting period. Include quantifiable data whenever appropriate, in addition, other expenditures of funds, including local match and leverage contributions, should be depicted here. un ^� Section V: Problems Encountered Provide a brief narrative description of any problems or delays that may have been encountered during this reporting period or that are anticipated in the next quarter, Report any problems that may impact the project as originally proposed, including but not limited to changes in Scope of Services, beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to repowdiscuss any problems encountered in order to resolve them as quickly as possible. Section VI: Technical Assistance This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity. Instructions, Definifiors & Acronyms [created 6/301081 revised 12/22/09 RI Page 1 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Section VII: Performance Measurement 1. Accomplishment Type: Enter "X" in the box that corresponds to with the actual accomplishment type of this activity (People, Households, Businesses, Organizations, Housing Units, Public Facilities, or Jobs]. 2. National Objective: Enter "X" in the box that corresponds with the National objective of this activity. Refer to Attachment A in the Contract to locate the National Objective for the activity —or— contact the Contracts Officer to obtain this information: Code Beneficiary Type o o• ae : � � e Description 24 CFR Citation LMA Area Basis Benefit Low /Mod Area Benefit 670.208(a)(1) LMAFI Area Basis Benefit Low /Mod Area Benefit, Community Development Financial Institution (CDFi) 570:208(d)(6)(i) LMASA Area Basis Benefit Low /Mod Area Benefit, Neighborhood Revitalization Strategy Area 570.208(d)(5)(i) LMC Direct Benefit Low /Mod Limited Clientele Benefit 570.208(a)(2) LMCMC Direct Benefit Low /Mod Limited Clientele, Microenterprise 570.208(a)(2)(fl) LMCSV Direct Benefit Low /Mod Limited Clientele, Job Service Benefit 570.208(a)(2)(iv) LMH Direct Benefit Low /Mod Housing Benefit 570.208(a)(3) LMHSP Direct Benefit LowlMod Housing Benefit, CDFI or Neighborhood Revitalization Strategy Area 570.208(d)(5)(ii) 570.20 tl 6 ii LMJ Direct Benefit Low /Mod Job Creation /Retention 570.208(a)(4) LMJFI Direct Benefit Low /Mod Job Creation /Retenton,public Facility /improvement Benefit 570.208(a)(4)(iv)(F) LMJP Direct Benefit Low /Mod Job Creation, Location Based 570.208(a)(4)(iv) SBA Designated Area Basis SlumBlight Area Benefit 570.208(b)(1) SBR Urban Renewal Area Slum 6fight in an Urban Renewal Area 570.208(b)(3) SBS Spot Basis Slum /alight Spot Basis 570.208(b)(2) URG Urgent Need Urgent Need 570.208(c) The data in this section is required on a quarterly basis for the reporting period and cumulative (from the beginning of the contact period through the quarter being reported). If there are no accomplishments during the reporting period, the data for this Quarter and Cumulative may be left blank, and the Recipientmust complete the Performance Certification check box for "No Accomplishments" 3. Total Housing: Housing activities that Construct or Rehabilitate Rental Units, Acquire and /or Construct New Homeowner Units, Rehabilitate Homeowner Units, or provide Homeowner Counseling and Direct Financial Assistance to Homebuyers must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Housing ". 4. Total People or Households: Activities that provide Public Services or Administrative (e.g., Fair Housing Activities) must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Public Services -or- Administration". Capital Improvement and Public Facilities Activities must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, 'Performance and Benefit Data: Capital Improvement & Public Facilities ", 5. Total Jobs: Activities that create or retain jobs, and/or provide assistance to businesses, must complete this section if any accomplishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data; Economic Development". 6. Performance Certification: The Performance Certification check box for 'No Accomplishments" must be checked and initialed by the Certifying Official if there have been no accomplishments during the reporting period. This item certifies that there have been no accomplishments during the reporting period and the Recipient is excused from providing any further accomplishment information on the activity status as required by HUD. Reference HUD "Notice of Outcome Performance Measurement System for Community Planning and Development Formula Grant Programs," A copy of the Notice and additional information about performance measurements is available at the following fink: http://www.hud.-qovioffices/tildlabouvpefformance/. 7. Report Prepared By: The name and title of the report preparer, along with the date, must be completed. 8. Signature of Certifying Official: The Certifying Official of the Recipient must sign the report, his or her title must be entered, and the certification must be dated. This Performance and Benefit Data Report must be completed and provided to DHCD for any quarter when actual accomplishments are achieved, the activity is completed, and the national objective is met. In addition, direct benefit or area benefit data must be provided as well. Please fill out the requested Information completely and accurately as applicable for the funded activity. The following general information is available on Attachment A in the contract: Activity ID, Activity Category,.HUD Activity Matrix Code and Description (HUD Activity Type), Accomplishment Type, and National Objective. All reports must include the name of the person preparing the report and the Certifying Official of the Recipient must sign the report, his or her title must be enter, and the report must be dated. Instructions, Definitions & Acronyms (created 6/30/081 revised 12122109 R1 Page 2 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Project Category [required]: Enter "X" in the box that corresponds with the funded project type. Accomplishment Type / Measures [required): Enter "X" in the box that corresponds with the funded project type. Accomplishment Units Completed [required]: Indicate the numberof persons or households served and number that are low/mod income. w,.6 -6 - 6.6 -C,�1%91 -6 <1"e,41 �� 1�6141- c, -6111111 <14, .6 -61 -CW 1.6 Performance Measurement & Accomplishment Information [required[ (1) Indicate the total number benefiting from the activity. (2) Indicate method used to count the number benefiting from the activity - by Households served or Persons served. (3) Of those assisted, responds to each inquiry - a through c- by providing the number that benefited, and provide the total for ail. '.. - 4111,.6, 6G <1"e w'4w,w^,.61-C,•61 -6.6.6 "6 w* wi<141.6.6.6 ^fi.w�id,4v, Direct Benefit Information (required): Beneficiary information must be provided in this section for activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit Information section. Provide information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provide requested information in the Income Category and Other Beneficiary Data Sections. Area Benefit Information [required[: If applicable for funded activity. �� ^ 6'.• d+* 6c6^ 6• G,• 6= e,^ 6w�,^ 6w^,< 6, �6�6^ 6. 6 '.=c,"6<6<6.w,w�,<6<6w.i�G,w'", i Funding Sources 1 Leveraging of Funds [required] HOME Funded Projects Only [ tequired]: Enter "X" in the box that corresponds with the funded HOME tenure type, complete the corresponding Form, & attach it to the report. Project Type [required): Enter "X" in the box that corresponds with the funded project type. Number of Units Completed [required]: Indicate total number of Rental Units, Owner Units, or Homebuyer Households completed for the funded activity. CDBG Multi -Unit Activity, if applicable: Provide all requested information for both than; in this section. Displacement Information, If applicable: Provide all requested information in the Chan. Replacement Information, if applicable: Provide all requested information in the Chan. - 6.11.6"6 -,-G -6.6.6 w`, "1.6 1�4 •.Cs- .<6<6, '.6�G;�6�K Performance Measurement & Accomplishment information [required], all applicable sections must be completed (1) Provide number of Affordable Units and respond to each inquiry - a through f - by providing the requested information (2) Provide number of Section 504 Accessible Units (3) Provide number of units qualified as Energy Star (4) Provide number of units brought up to HQSiLocal Code (Rehab only) (5) Provide number of units brought in compliance with lead safety (Rehab only) (6) Provide number of units created through conversion of non - residential to residential buildings (Rental Rehab only) (7) Provide number of households previously living in subsidized housing (AcquisifionlConstmction New Homeowner only) Direct Financial Assistance to Homebuyers, if applicable (1) Provide number of first -time homebuyers and of those, indicate number that received housing counseling (2) Provide number receiving Down Payment Assistance[Closing Costs a6 w..6<6<1 -a, C1. 616.6 66.6<6<6 .66 Direct Beneficiary Information [required] - must be completed for the actual number of households assisted, fur this reporting period and the cumulative total. Also, provide requested information in the Household Income Category and Other Beneficiary Data Sections. Funding Sources 1 Leveraging of Funds [required] Project type [required]: Enter "X" in the box that corresponds with the funded project type. Measures: Acquisition /Disposition and Clearance/Demolition activities only - Enter "X" in the box that corresponds with the funded activity. Accomplishment Units Completed [required]: Indicate the number of units completed [Structures, Parcels, or Facilities] , number of persons served, and number that are low /mod income Performance Measurement & Accomplishment Information [required] (1) Enter total number benefiting from the activity for the program year. (2) Indicate if the count is by Household or Persons. (3) Of those assisted, respond to each inquiry - a through h - by providing the number that benefited, and provide the total for each section. Direct Benefit Information (required): Beneficiary information must be provided in this section for activities having a national objective of LMC, L MCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Otherwise, complete the Area Benefit Information section. Provide information for actual number of households or persons assisted, for this reporting period and the cumulative total. Also, provide requested information in the Income Category and Other Beneficiary Data Sections. Area Benefit Information [required): If applicable for funded activity. .611„6.6111w4. 6-C, C,w+.6=e,e6< 1.6.61164" wS<1111- 41.61.4 .6 N^ -C, Funding Sources 1 Leveraging of Funds Reauired Attachments must be provided, if Note: Jobs data should be prepared as accomplishments take place (as jobs are created) or on a quarterly basis, at a minimum. Job Creation andferJob Retention Information [responses required for this Accomplishment Type] (1) Complete the Job Creation area if the activity is expected to create jobs; otherwise, complete the Job Retention area if the activity is expected to retain jobs. (2) Indicate the number of jobs created or retained, as applicable, by job type for this reporting period and the cumulative total. (3) Direct Benefit Information - must be completed for the actual jobs created or retained, as applicable, for this reporting period and the cumulative total. Also, provide requested information in the Income Category and Other Beneficiary Data Sections. (4) Number of jobs created with employer sponsored health care benefits (5) Number unemployed prior to taking job created (6) Number of jobs retained with employer sponsored health care benefits (7) Provide explanation if proposed goals are not met wS�6iwS�6S^! w",•G,w,^Giw.w`.^6 W,< G, �6d +,a6�',v;,K„�6a:.a6SV",w'i••6<F wv&. Assistance to Businesses [responses required for this Accomplishment Type] (1) Indicate total number of business assisted, of that amount indicate how many are new businesses and the number of existing businesses (2) Of the existing businesses, indicate how many were expanding businesses and the number that were relocating (3) indicate the number of businesses assisted with fagade treatment or business building rehab (4) Indicate the number of businesses that provide goods or services to meet the needs of a service area, etc. (5) Provide the DUNS number for each business assisted [a requirement for any business that receives Federal assistance] >6a612;.6 6-6<6<1- c"A.6<1 =6<6- 6=6>6"1.61 6<`+<.- 6,- C' I'll �C'.613,<6 Area Benefit Information [required] Funding Sources! Leveraging of Funds [required] Required Attachments must be provided, if applicable. Instructions, Definitions & Acronyms [created 61301081 revised 12122/09 R7 Page 3 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRuCTx)NS,DERwITNW$ &xCROWYMS Area Benefit: Those activities having a national objective of LMA, LMAJI, and LIVIASA. Beneficiary data is reported by Survey or Census data for the percentage of low- and moderate-income persons in the service area. CDBG regulations specify that 51 percent of the residents of the service area must be LIAI. Examples of area benefit activities include streellsidowalk improvements, waterlsewer lines, neighborhood facilities, and fagade improvements in neighborhood commercial districts, Census Block: A geographic area bounded by visible and/or invisible features shown on a map prepared by the U.S. Census Bureau. A block is the smallest geographic entity for which the Census Bureau tabulates decennial census data. Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent entity, delineated for data presentation purposes by. a local group of census data users or the geogralifitc staff of a regional census center in accordance with Census Bureau guidelines. CDBG National Objectives: The authoriAng statute of the CDBG program requires that each activity funded except for program administration and planning activities must meet one of three national objectives. All CDBG activities must achieve one or more of these national objectives. • Benefit to low and moderate-income (LMI) persons, • Aid |n the prevention or elimination o( slums o/ blight, and • Meet a need having a parficular urgency (referred to as urgent need), e.g., exisfing conditions pose a serious and immediate threat to the health or welfare N the community. In additi minimum of70%u( the C0BG program expenditures must meet the LMi benefit national Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, LMH, LMHSP, LMJ, LMJFI, or LMJP. Beneficiary data is reported by the total number of persons or households beneffifing from an activity. DUNS Number: Data Universal NumheriuSystem (DUN8) number isu requirement for any business that receives Federal assistance. \fa business does not have one, it should call the DUNS number request line at 1-866-705-5711 to obtain a number. The process is free and takes about ten minutes, ENERGY STAR: ENERGY STAR isu joint program oy EPA and DOE b. help all save money and protect the environment through energy efficient products and practices. UUDe0000mgooincorporation,dFNER6YSR\Rqpu|ifiedpmdoctxanUomoticoo*honvonduvtio0mhubil%aUoonroonstrum0ng now housing. Likewise, ENERGY STAR is a data element for energy conservation activities for the housing indicator categories in the performance measurement system, Extremely Lvv+|ocvmo: Households Vith annual income |oox than 30%^[ the area median income, ns established 6yHUD. The number ofhousehold members |o used in the determination. Ethnic Categories: HUD and grantees are required to treat effinicity as a separate category. "Hispanic or Latino" and "Not Hispanic or Not Latino" are designated as separate ethnicity categories. • Hispanic vr Latino: A person of Cubon.Moxioao.PuoAuRio^o.Couth^rCoWm|Amoricuu.vrW6orGpuoiohom$morurigio.w0a/d{eaoofmtn. The term, "8yanithoriUin." can bo used in addition ho "Hispanic orLutno." • Not Hispanic or Not Latino: A person not of Cuban, Mexican, Puerto Rican, South or Centra(American, or other Spanish culture or origin, regardless o[race. ' fumU� All persons living in the same household who are related, hy birth, marriage, o/adoption. Household: All persons occupying the same housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any group of related or unrelated persons who share living arrangements. Housing Quality Standards (HnS):HQS are set acceptable conditions for interior living space, building exterior, heating and plumbing systems, and general health and safety. The purpose ofHQGiob determine o housing unit io decent, safe and sanitary. Income: (1) Annual income un defined under Section S, (2) Annual income as reported under the Census long form; or.(3) Adjusted gross income as defined hythe IRS Form 104[. Low Mod Job Creation or Retention (LMJ activity di d to meet the National 0 oU creating or retaining permanent jobs, ut least 70percent of which (computed ou full-time equivalent basis) xi||bo made available k>or held hyLIVIhpersons. Low Mod Limited Clientele C): Ax activity carried out to meet the National Objective of benefit to LMI persons. Activities under the LIVIC category must meet one of the foKmvio0o6turia: •Booefit clientele that isgenerally presumed to be principally LM|(abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers); or • Require documentation on family size and income in order to show that at least 70 percent of the clientele are lM|;or ° Have income eligibility requirements limiting the oo0vityNLM| persons only; v, • Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. Low Mod Income Area Benefit ho out to meet the NW|VbjeoUvoofhnn*fitWUW|pemonsVhaLbooefitsuUmaidentoinu particular target area, where at least 51 percent of the residents are LMI persons. Low and Moderate Income (LMQ: Low and moderate Income means family or household annual income less than the Section 8 Low Income Limit, generally 80 percent of the area median income, axestablished by HUD. Low-income Housohold/Family: A household/family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median income) aa established kyHUD. Low Income: Households with annual income less than 50% of the area median income, as established by HUD. Low Mod Housing {LM carried out to meet the National o tivw|hoofitk`VN| 0} k|d isitiouoo°V"oM>n.o| improvement of permanent, residential structures which, upon completion, will be occupied by LMI households. Matrix Codes: The matrix code indicates how the activity is eligible under CUBS regulations, it generally ideotifiouthe purpose for which assistance was provided, and determines the type f accomplishment units that should 6or^poUod. M|mnooterpri A business that has fi or fewer m| oo'onoornm,eo[whomm*osYh°nNerVrioo. Moderate-income N/FamUT.AhouoehoW0bn� y having an income equal Nor less than the Section 8 Low Income limit (80% of area median income) established hy HUD, but greater than the Section 8 Very Low Income limit (50% of area median income) established by HUD. WokuoVvovD*fin§ovo&k,moyms[creoted6/3*08)mvisod12122N9FX Page 4of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Objdcfives: The objectives capture the range of community impacts that are expected to occur as a result of program activities. There are three possible objectives for each activity: 1) Creating Suitable living Environments, 2) Providing Decent Housing, and 3) Creating Economic Opportunities. Outcomes: The program outcome helps further refine the activity s objective and captures the nature of the type of change sought or the expected result of the activity. There are three possible outcomes: 1) Availability/Accessibiliy, 2) Affordability, and 3) Sustainability. Period of Affordability: The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit may be sold without penalty to the homeowner, Program income: Any gross income received by the sub recipient that was directly generated from the use of CDBG funds (24 CFR 570.500(a)). Racial Categories: HUD data requests for racial information provides the option of selecting one or more of nine racial categories to identify the racial demographics of the individuals and/or the communities they serve, or are proposing to serve. 1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. 2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India; Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. 3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian" or Negro' can be used in addition to "Black or African American." 4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5, White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. 6. American Indian or Alaska Native & White. A person having these multiple race heritages as defined above. 7. Asian & White, A person having these multiple race heritages as defined above. 8. Black or African American & White. A person having these multiple race heritages as defined above. 9. American Indian or Alaska Native & Black or African American. A person having these multiple race heritages as defined above. 10. Other Multi-Racial. A person reporting multi -race heritages not included in any of the other nine categories listed above, and that have a total count that exceeds one percent of the population served. Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in Federally assisted programs on the basis of handicap. It imposes requirements to ensure that °qualified individuals with handicaps" have access to programs and activities that receive Federal funds. Minimum requirements include, but are not limited to: 1) Removal of Physical Barriers, 2) Provide Program Accessibility, 3) Make Employment Accessible, and 4) Administrative Requirements. Sub recipient: An entity that assists the recipient to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as administer a home rehabilitation loan pool or manage a job - training program. Sub recipients are also referred to as sub grantees. Survey: The survey instrument and methodology must be approved by HUD for the purpose of establishing the percentage of LMI persons in a service area. A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas of similar size. Additional guidance is available inCPD Notice 05 -06. Instructions, Definitions & Acronyms [created 61301081 revised 12/22/09 R1 Page 5 of 5 Attachment D DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (DHCD) INFORMATION FOR ENVIRONMENTAL REVIEW FORM INSTRUCTIONS: Per 24 CFR Part 58, the purpose of the environmental review procedures is to foster the implementation of environmentally compatible activities. As a grant or Than recipient, Miami -Dade County will not fund projects that will negatively impact clients, communities, or the environment. Part I. AGENCY AND PROJECT DETAIL 1. Indicate Funding Source: ❑ CDBG ❑ HOME ❑ HOPE A ❑ HOMELESS (SROlSHP) ❑ EDi ❑ NSP ❑ CDBG -R 2. Indicate Fiscal Year: FY 20 3. Name of Subreciplent/Agency: 4. Name of Proposed Activity: 5. Location Address with City,-ST and Zip) of ActividyorProject 6. Site Folio Number(s): 7. Commission Distd6t(s): 8. Direct Contact information of loantarant recinient: Name: Address: City: State: Phone: Fax: form Revised 12111512009 9. Detailed description of activity or project: 10. What is the purpose of the activity or project? For example, Public Service, Economic Development, Historic Preservation, Capital Improvement, Housing, etc. 11. What is the status of activity or project? For example, Pre - Development Phase, Rehab /ConstructionUndeiway, Rehab /Construction Completed, etc. Part 11. PROJECT OUTCOME Will the activity or p ro ect result in the following? YES NO 1. Change in use 2. Sub - surface alteration Q.e. excavations) 3. New construction 4. Renovation or demolition 5. Site improvements (utilities, sidewalk, landscaping, storm drainage, parking areas, drives, etc. 6. Building improvements (windows, doors, etc.) . 7. Displacement of persons, households or business 8. Increase in population working or living on site 9. Land acquisition 10. Activity in 100- yearfloodptain 11. A new nonresidential use generating at least 1,375,000 gallons of wateror687,500 gallons ofsewa e. rda . 12, Use requiring operating permit (i.e. for hazardous waste, pretreatment of sewage, etc. 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15, Street improvements 16. The impounding of more than 10 acre feet of water (e.g. digging a lake or diverting or dee eni of a bod of water . Part III. SITE SPECIFIC INFORMATION 2 1. Land Use: Describe the existing and proposed land use: • Existing? • Proposed? 2, Site Plan: Does the proposed activity include a new structure($) or site improvements on a site of one (1) acre or more? ❑ YES ❑ NO 3. Photographs: Does the activity include new construction, renovation or rehabilitation? ❑ YES ❑ NO If yes, photographs must be provided of each side (front, rear and sides) of the structure(s) proposed for assistance and the buildings on the adjacent tots. The photographs shall be Identified by address. In addition, provide for each existing structure on the site, the following information: • Existing structure(s) on site? ❑ YES ❑ NO • Estimated age of structure(s)? 4. Value of Improvements Does the proposed activity include rehabilitation or renovation of structure(s)? ❑ YES ❑ NO If yes, what is the estimated cost of rehabilitation or renovation? 3 What is the amount sought for funding? In addition, indicate if the estimated value of the improvement represents: ❑ 0 to 39.9 percent of the market value of the structure(s) ❑ 40 to 49.9 percent of the market value of the structure(s) ❑ 50 to 74.9 percent of the market value of the structure(s) ❑ 75 percent or more of the market value of the structure(s) 5. Phase I Environmental Audits: Does the proposed activity involve the transfer of any property, new construction, major renovati6ins of 75% or more of the structures' market value, or a securing of a loan for nonresidential parcel? ❑ YES ❑ NO If yes, a copy of Phase t Environmental Audit certified to Miami -Dade County must be submitted to determine the likely presence of either a release or threatened release of hazardous substance. An audit is a review of a site and adjacent properties and involves preparing a history of ownership, land use and zoning for the last 50 years; researching environmental records for information on hazardous waste sites, hazardous facilities, solid waste /landfill facilities and underground storage tanks (available through the Department of Environmental Regulations and Management (DERM), Florida Department of Environmental Protection (FDEP) and U.S. Environmental Protection Agency (EPA)); and site inspection for physical evidence of contamination such as damaged vegetation or stains in the soil Has a Phase I been performed? ❑ YES ❑ NO 6. Environmental Health Information: « If a residential site, and the activity includes or involves rehabilitation, has it been inspected for defective paint surfaces? ❑ YES ❑ NO If yes, please submit the results. • Have any child under the age of seven at the site been tested for elevated levels of lead in the body? ❑ YES ❑ NO If yes, please submit the results. 7. Other Site Information: F 1. Flood insurance required? YES NO 2. Public wafer available on site? 3. Public sewer available on site? 4. Children under -7 years of age residing on site or relocating to site (including day care facility)? S. Hazardous waste disposal facility? 6. Stora ie of hazardous materials on site? 7. Abandoned structuro(s on site? Part IV. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit streetipiat maps that depict location of property in the County and/or City with the location or tot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget, and a site plan. 3. For housing /building rehabilitation projects only: Submit a scope of service, an itemized budget describing the major components of the rehabilitation program planned, and a photograph of the property. 4. For historic proprieties, include: Submit photographs of the property, and a description of any adjacent historic properties that maybe affected by your activity. Part V. CERTIFICATION I certify to the accuracy of the information provided. I understand that all funded activities must have an approved environmental review clearance prior to the commencement of projects. I clearly understand that any omitted and/or incorrect information will delay the initiation of the environmental review process by the DHCD staff. As such, i am aware that omitted information could delay the commencement of my organization's project. I understand all approved environmental reviews are valid for one (1) year maximum. Print Name Signature Title Name of Organization or Corporation Unless otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Department of Housing and Community Development 701 NW 1sr Court -14th Floor Miami, Florida 33136 Date TYPES OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPT* CENST** CEST*** EA**** Economic Development Notice /No Notice /No RROF (No Statutory FONSI and New Construction RROF RROF Requirement Triggered) X Rehab X1 X2 Non - Construction /Expansion X Publish N01 /RROF Housing (Statutory Requirement Single Family Rehab X Multi- Family Rehab X' X2 New Construction X Homeownership Assistance X Affordable Housing Pre -Dev. X Capital Improvement Handicapped Access X Public Facilities X+ X2 Infrastructure Xi X2 Public Services Employment X Crime Prevention X Child Care X Youth or Senior Services X Supportive Services X Type of Publication No Public No Public No Public Notice /No Publish Thi gered Stafutes Notice /No Notice /No RROF (No Statutory FONSI and RROF RROF Requirement Triggered) NOI/RROF Or Publish N01 /RROF (Statutory Requirement Triggered) Estimated Time Frame (Excluding 30 -45 Days 3045 Days 45- 90Days 90 Days Thi gered Stafutes Minimum Xr If for continued use and change in density (or size) of less than 20% X2 Change in density (or size) of more than 20% Exempt Exempt Activities CENST Categorically Excluded and Not Subject to 58.5 * * CEST Categorically Excluded Subject to 58.5 *" EA Environmental Assessment (Format II) a CAaVII -DADE COUNTY AFFID WITS The contracting individual or entity (government or otherwise) shall indicate by an "X" all affidavits that pertain to tnis contract and shall indicate by an 4WA.' ail affidavits that do nor pertain t0 tfllS COntra�t, f{jl blank spaces must be filled. The .MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NON - DISCRIMINATION AFFIDAVIT; and 'the PROJECT FRESH START AFFIDAVIT shalt not pertain to contracts with the United States or any of its departments or agencies thereof, the' State or any political subdivision or agency thereof; it shall however, pertain to municipalities of the .State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this ((contract. i, 1 _ec-I Or I f o`� t �P �� being first duly sworn state: Affiant The full legal name and business address-of the person(p) or entity contraction or transacting business with Miami -Dade County are (Post office addresses are not acceptable): Dofng.Busine'ss As (If'same as-above, leave 'blank) J/A I. MIAMI -DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the County Code) 1. If the contract or business transaction is with a Ccorporation, 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 infomiatioh shall be provided for each partner. It the contract or business transaction is with a frost, the full legal name and address shall be provided for each trustee and each beneficiary. The forgoing requirements shall not pertain to contracts with publiclyrtraded corporations or to contracts with the United States or any department or names and addresses are (Post Offices addresses are not acceptable): Full legal Name Address Ownership Page i of 5 NO 11. IIL z. i ne tun legal names and business address of any other individual (other than subcontractors, material men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade Co acceptable): unty.are (Post Office addresses are not 3. Any person who willfully fails to disclose the informati false information -in this re ll b on required herein, or who knowingly discloses gard, shae punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. MIAMI -DADS COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance N amending Sec. 2.8 -1; Subsection (d)(2) of the County Code). o. 90 433; Except where precluded by federal or State laws or regulations; each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollar. ($10,000) or more shall require the entity : contracting or transacting. business to disclose. the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or. agency or any municipality ofthis,State: 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2.. Does.your firm provide paid•health care benefits for its employees? Yes No 3. Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender. While: Black: Males Females Asian: _ Males Males Females Females Hispanics: American Indian: Males Males Females A(euf (Eskimo): Males Females Males Females Females Males Females AFFIRMATIVE ACTiONINON- DISCRIMINATION OF EMPLOYMENT," PROCUREMENT, PRACTICES (County Ordinances 98 PRQM07ION AND -30 coded at 2- 8.'I.5 of the Gounty.Cocfe) In accordance with County Ordinance No.. 98=30, entities with annual gross revenues.! in :excess of $5,000;000 seeking to contract with the County shall, as condition receiving .2 County contract, 1) a urritten- affirmative:action::plan- which sets forth- the entity utilizesto _assureahat it does not discriminate im its employment and promotion practices; and ii) .a written procurement. policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women- . businesses in its own procurement of goods, supplies and services. Such affirmatives, action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the enti #y, does not discriminate in. As employment, promotion and procurement .practices.. The foregoing notwithstanding, corporate entities whose boards of directors are representatives of the population make up of the nation shall be.presumed to have ri Il- discriminatory emptoyment-and procurement "policies, and shall not be required to `have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption maybe rebutted. The requirements.of County Ordinance No. 98-30 may be waived upon: the writtenrecommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. Page 2 of 5 V IV The firm does not have annual gross revenues in excess of $5,000,000. The firm does. have annual revenues in excess of $5,000,000; however, its Board of Directors 7o ropre�gntafi die cf the rvcnnlafinn mak -alp of f nation anri hac eii6mitFarl a wriff, `lafailgrl listing of its Board of Directors, including the race of ethnicity of each board member, to the County's Department of Business Development, 175 NW 1� Avenue, 28r' Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the fine does have.a written affirmative action plan and procurement policy as described above, which includes periodic Department of Business Development, 1175 NW submitted Avenue, 28taFloor,, Miami, Florida 33128.. County's The firm does not have an affirmative action plan and/or a procurement policy as described above, hflf has been aranted a p_rait /or. MIAMI -DADE COUNTY CRIM114AL RECORD AFFIDAVIT (Section 2 -8.6 of the County Code) The indivi hag . al or entity entering into a contract or receiving funding from the County. (10) has not of the date of this affidavit been convicted of a felony d u ring the past ten years. V. MIAMI -DADE EMPLOYMENT .DRUG'FREE WORKPLACE AFFI no. 92 715 codified VIT (County Ordinance fied as Secton 2 -8.1.2 of the Gounty Code) That in compliance. with Ordinance No. 92 =15 of the Code.of Miami -Dade County, Fiorida,.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 pofioy 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.shaii 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 frae (5) days after receiving riofice of such* conviction and. impose..appropriate .personnel action against ahe employee. up. to and: including termination.. Compliance with Ordinance. No. 92 -15 may be waived if the special characierisfcs 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 impart by the. United States. of the State of Florida shall be exempted frorii the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those govemment entities. MIAMI -DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances No. 142 -91 codified as Section 11A -29 eL 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 (5n) or more employees working in Dade County for each working day during each of twenty (20) or more calendar workweeks, shall provide the following: information in compliance with. ail items in the aforementioned ordinance: Page 3or5 '. 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)1 month period, for me.dical.reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close. relative who h=- w_Us h--2!' i condition witho �t risk of tennMateon of emninvArrcttalta {i2R: 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 subdivisiion or agency thereof. It shalt, however, pertain to municipalities of this State: VII. DISABILITY NON - DISCRIMINATION AFFIDAVIT (County Resolution R385 -95) That the above names firtri; corporation or organization is in eompiiance•.with the: 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 !if ni ±ed to, those provisions oertainihg to employment nmuision5 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 St at 327.42 U.S.C. 12101- 12213 and 47 U.S.C., Section 1612; The.Fair Housing Art as amended, 42 U.S.C. Section 3601 -3631. The foregoing requirements shall notpertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof stony municipality of this. State.: Vlll: MIAMI -DARE" COUNTY REGARDING DELiQUENT AND CUFRENTLY , pUE FEES OR TAXES (Sec. 20$.1 (c) of the County Code) Except for small purchase orders and sole source contracts, - that above named , firm, corporation, organization` or individual desiring to transact business or enter a contract with the County Verifies that all delinquent and currently due fees or taxes - including: but not limifed to real. and property taxes; 'utility.taxes. and occupational licenses. — which are collected lwn. the normal course by the Dade County. Tax Collector as well as' Dade County;tssued {'arkirig tickets for vehicles registered in the name of the firm, corporation; organization or individual A/7 have been paid. IX. CURRENT OR -ALL COUNTY CONTRACTS, LOANS AND OTHER OBU(§ATtONS The individual entity seeking to 'transact business with the County is current . in all its obligations to the County and is not otherwise,in default or any contract protntssory note or A othertoan-documents with.the County orany of itss agencies or instrumentalities:. !Y X PROJECT FRESH START (Resolution R- 702 -98 and 358 -99) Any firm that has a contract with the County that results in actual payment of $500,000 or more shall contribute to Project Fresh Start, the County's Welfare to Work Initiative. However, if five percent (5 %) of the firm's work force consists of individuals who reside in Miami -Dade County and who have lost or will loose cash assistance benefits (formerly Aid. to. Families with dependent Children) as a result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996,. the fian'may i1eq4estwaiverfrom therequirement of R 702098 and R- 358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities,. not for profit organizations or recipients of grant awards. Rage 4of5 Z vi _nn_eeeerm_ VIOLENCE r GANX {f2g¢�i,�ri�srl �g5.0g acLg C�,dffi?d at 11A G0 Et: Seq, of the Miami -Dade County Code). — - tx ) The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99 -5, codified at IIA-60 et. Seq. of the Miami -Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more .employees working in Miami -Dade County for each working, day during each of.twerity, {20) or more calendar work weeks in the current or. proceeding calendar years, to provide Domestic Violence Leave to its employees. I have carefully read this in entire five (5) page document entitled Miami -Dade County Affidavits and have d-Cataet: by an °X" all affirtavifs that peftairi to his contract and have indicated by an °N /A° all affidavits that do not pertain to this contract. - By. (Sign re of Affant) �2eQhe F�Qr Or /pi�(Q (Date) SUBSCRIBED AND SWORN TO or affirmed) before me this day of Y 20 by __�tJy $ j j rG�j i �Q ye /She is personal[y known 4o me or has presented as identification. (Type.of identification) (Si na 1 of Notaryj {Serial Number) Notary Public —State of r ��ri cis (State) MY EXPIR XPI MISSION M DD 714025 ES: Ocf0be,5, 2011 eand.d Thm Notary Nblb (Indeewmers Page 5 of 5 Date) SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) . (a) FLORIDA ATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. Thi by for Whose business address Is,_ U 150 3, its Federal Em and if applicable i Ployerldentification Number FEN is 5000 q3( If the entity has not FEIN, include the Social Secu rilty.Numbarof the indi dual: signing this sworn statement. ivi 2. 1 understand that a °public entity grim - e means a violation as. defined in paragraph 287.133(1)(9), Florida Statutes on Of ' any state or federal law by 6 pdrson with respect to 'an the trqnsa f an directly related to P tons of.bus! - ness with. any public dri,filyor with .an. agency or political subdivision of any other state or With the -United States.;; including, but not . limited to any, bid or goods or'servioes, to be Provide'd-1:0 public entity or-agency`or Political contract .for state or ofthe United States and involving subdivision'of any other conspiracy, o ' olvinb antitrust, fraud, theft,bribe y rmat6riafmisi * bribery, collusion, racketeering, misinterpretation. 3. 1 understand that "convicted" or 'conviction" as defined fn. Paragraph 287.133(1)(b), Florida Statutes means a finding .of guilt or conviction of a'public entity crimei with adjudication of guilt, in an federal or state. trial ourt of record relating indictment or information . after. . July I - , 1989, as," I aling to charges brought by a plea of guilty or. hOI6 c6 a result of a.jury verdict non jury trial, or iant ry of ntendere� . 4. 1 understand.that.an, "Affiliate' as46fir . led . in Paragraph 287.133(1)(a), Florida Statute means: 1. A Prede6essor or, g6ctogso 2. * An entity u r of a. Person convicted of a public entity c rider the �Oontrdl of a . ny natural person who is active crime, or in the management of the entity * and who has been convicted of a public entity crime. The term 'affiliate includes those officers, directors, 6xecutives, partners shareholders; employees, members, and agents who -are active in the manageme6i of an'affiliale. The -ownership- by one person of shares constituting a'controlling-interest in another person, Ora pooling of eq6ipinent Or income among, persons :when not for fair market value under an arm's length agreement, sh6lrbe a pi�lmajadle case that one 9t p controls another- person. A Person who knowingly enters i6td a joint venture with a person Who has bee'n convicted of a public entity crime in, Florida during the preceding 36 months shall be considered ..Onsidered an 1 understand that a "person" as. defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organlied ur'ider the laws of any state -or o f — the legal Power to enter into a binding . contra the United States within the contract and which bids or applies to bid on contracts for p,ti w1o:i of goods or ent i ". :he term °s�w..rrrn in�l��r14� t.F:.n..�.° .".f: wr° exar�ati ��oc narFnnrc shareholders, employees; members, and agents who are active in management of an entity, u.u.�. V' fi. Based on information and belief, the statement which I. have marked. below is true in relation to the entity submitting this sworn Statement. (Please indicate which statement applies.) Neither the entity submitting sworn statement, nor any of its officers, director, executives, Partners,, shareholders, employees m , embers, or agents who are active in the management of file entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime. subsequent to July 1, 1989. The entity submitting this SWOrn StatPn?anf or one or ;pore of it¢ officers directors, executives, partners, shareholders, employees, members, or agents who are active in. the management of the entity, or.an: affiliate of the entity, or an affiliate of the entity had' been charged with and convicted of a public "entity crime Subsequent to July 1, 1989, AND (please i additional statement applies. ndicate Which The determined that rt . on the co Viet ye ' t .UNDERSTAND i FOR T14E PQ411C' ENTITY ONLY A CALENDAR YEAR INFORM THAT PV THRESHOLD AM' CATEGORY TWO' nrrty Submitting this. sworn statement, or one or more of its off shareholders, . i rYlpioyees, ,members, or agents who are entity nor any affiliate of the entity has. been charged with::and subsequent prcoeeding before a Heari ng Officer of the State AdML WI$tratfve H@arings and the Final Order.ehtered by the, l vas oat . '. .te public interdst to.plac vthe .errtify submitting this: s� ridbr Ust (at(ach a copy_of.the final order), IT' directors, e the Toted of a 1. State of ;n statement OF THIS FORM TO THE CONTRACTING OFFICER PARAGRAPH ! (ONE) ABOVE FS FOR THA l PUBUC I IS VAL(D T"ROUGt-1 DECEMBER. 31, OR THE I ALSO' UNDERSTAND. THAT I: AM REQUIRED l O ENTERING INTO A CONTRACT IN EXCESS .OF THE SECTION 287.017 FLORIDA STATUTES 'FOR A E INFl7RMATION CONTAINED IN THIS: FORM: . - {Si attire) Sworn to and subscribed bgfore,rlie this, !� day of r gi 20 /x Personally known Or produced Identification Notary Public -State of rC�d r__ I w My commission (Type of identifieatiori) ,�. MY COMMISSION At DD 714025 EXPIRES: October S. 2011 80466 Thm NMry PumC UndeMb, ypeo orstamf notary public) t. Do you have any past due financial obCgations with Miami -Dade County? . YEg Single Family House Loans Mutti- Famify Housing Rehab CDBG Commercial Loan Project U.S. HUD Section i0a Loan Other HUD Funded =Programs Other (liens, fines, bans, Occupafionat licenses ;eta) If YES, Please explain: 2. Do you have any past due financial obligations with Miami-Dade County? YES NO If YES, please explain: NO V/ . 3. Are you, arotativo off, or do :you have any business or financial Interests'with any elected Miami -Dade County official, Mianit -Dade County Employee, or Member Of Mlaml-Dade Gounty's Advisory BoardV YES �� NO If YES, Please explain: Any false information provided on this affidavit vAl be reason for rejection and disqualification of your project- funding request to Miami -Dade Couaty: The answeVIDO to re ding n9 are correctly stated to the best of my knowledge and befief. By. �QCe rvti�ttta' 1(p j ar7 I o . (Date) SU(BS��CR7Baffirmed) before me this _ Y �_ d ay of:Da _ 2pJ By F x o LPL �' i> 12A), Hefshe lsktmgnalvknown o me or has presented (Type identifi n) asidentification. LA (Signature o ary) 1` Notary Public— Stamp of "O,, Notary PWicStateofFlorida ? Sheila Alexander My, commission D826626 Yana, F<o° Expires 091291201 (era umber) (EXllratidn Date) Notary Seal DEVELOPER'S AFFIDAVIT THAT MIAMI -DADE COUNTY TAXES, FEES AND PARKING TICKETS HAVE BEEN PAID (Section 2 -8.1 (c) of the Code of Miami -Dade County, as amended by Ordinance No. 00 -30) and THAT DEVELOPER IS NOT IN ARREARS TO THE COUNTY (Section 2 -8.1 '(h) of the Code of Miami -Dade County, as amended by Ordinance No.00 67) �tp' that the oregoing statements are true and correct: being first duly sworn, hereby state and certify T. That I am the Developer (if the Developer is an individual), or the. CAI of fill in the title of the position held with the Developer) of the Developer. 2. That the Developer has paid all delinquent and currently due fees or taxes (including but not limited to, real and personal property taxes, utility taxes, and occupational taxes) collected in the normal course by the Miami -Dade County. Tax Collector; and County issued parking:tickets for vehicles registered in the name of the above developer, have been paid. 3. .That the Developer is not in arrears in excess . of the enforcement threshold under any contract, final rioh- appeasable judgment, or lien with Miami -Dade Gounfy, 4r any of its agen'cies.or instrumentalities, m.lAitj : the Public Health Trust either directly or indirectly thrqugh a firm; corporation; partnership or joint venture' in which the Developer has a Controlling; financial. interest;. For purposes hereof, the. term "enforcement threshold ". means any arrearage Under any individua. I Contract, non-App eal able judgment; or_ lien with Miami- Dade County that exceeds $25 OOQ_and has been delinquent for greater than 180 days. For purposes: "hereof; the .term 'controlling financial interest" means opvaership, directly or indirectlY, of fen percent'or rnore of the outstanding eapitai stock in any corporation; or a ,direct oZindi c .interes of ten percent:or more in a firm, partnership, or other business entity. Signatur ofAffiant Date �i a e i P%2 5/1 /(4 /O /o /ol.1,13/Lj_/ / Punted Name otAfflant and T ffe Federal Emptoyer Identification Number SCRIBED AND SWORN TO (or affirmed) before me this 16 day f __ Y �. 20J�L BY _ t —Lit7Y }� li y� �ji o i h �� He /She is personally known tome or has presented Type Pdnt or Stamp Narne of Notary Notary Public —State of l0Y l Microsoft Word /Affidavits 2006/Revised/metm- 07-042006 as identification. MY COMMISSION k 86.7igg25 EXPIRES: October 5, 2011 8Md8d TbM W&Y Public urrth.61., 0 Notary Seal Expiration Date FORM A -12 CODE CIF BUSINESS ETHICS In accordance with Section2- 81(i) of the Miami -Dade County Code, each person or entity that seeks to do business -with the County shalt adopt a Code of Business Ettiics. ( "Code ") and shah, prior to execution 'of any contract between the contractor and the .county, submit an affidavit stating that the contractor has adopted a Gode that complies With the requirements of Section 2 -8.1 (i) of the Miami-Dade County Code. Any person or entity that faits. to submit the required affidavit shailbe ineligible for contract award. The Code of Business Ethics shall apply to all business that the contractor does with the County and shall, at a minimum, require that the contractor: ® Comply with all applicable governmental rules and regulations including, amopg others, the Miami- Dade County Conflict of Interest and Code of Ethics Ordinance and the. False Claims Ordinance. Comply with all applicable rules and regulations regarding Disadvantaged _Business Enterprises, Black Business Enterprises, Hispanic-. Business Enterprises and 1Nomen Business Enterprises (hereinafter collectively Minority Business. Enterprises, "MBEs "). and Community Small Business Enterprises o. Pass - through F whereby the pi pay ments_as a' portion of those lyprohibit the foliowing•pracffces: wgments The Code shall prohibit pass- throughs . ires that the MBE or CSBE, firm accept or CSBE and pass through those payments or a ents to another entity including, but not limited to the prime firm; : o Hental :5oace Eguioment or Flat Overhead "Fee Requirements The Code shall prohibit renfalspace requirements; equipment.requirerrients; and /or flat overhead fee requirements, whereby the. prime firiri� requires the MBE or.CSBE firm to rent space or equipment from .thepnme firm .or charges a flat overhead fee for the use of space, equipment, secretary; etc; o Staffrng . Reauirements The Code shalt prohibit the - prime firm from mandating; as a condition to inclusion in the .project; that .a MBE or CSBE hire, fire, or_proniote certain individuals not employed by the prime firm, or utilize staff employed or previously employed by the prime firm. o MBE or CSBE Staff Utilization The Code shall prohibit the .prime firm from requiring the MBE or CSBE firm to provide more staff than is necessaryand then utilizing- the MBE or CSBE staff . for other work to be performed by the prime firm. 0 shall prohibit a prime firm owners /operators ''thereof, : from representing_ an entity, as a MBE certification as a MBE or CSBE representing MBE or CSBE The Code including, but not limited to, the fraudulently creating, operating or or CSBE for purposes of qualifying for • The Code' shall also require that on any contract where MBE or CSBE participation is purported, fine contract shall specify essential terms. including, but not limited to; a specific statement regarding the percent of participation planned for MBEs or CSBEs, the timing of payments and when the work is to be .performed. • - The failure of a contractor to comply with its Code of Business Ethics shalt render violators to debarment fro any contract between the contractor and the County voidable, and subject m future County work pursuant to Section 10-38(h)(2.) of 160 Code. The Inspector General shall be authorized to investigate any alleged violation by a contractor of its Code of Business Ethics. By: Signature of Affiant & r _�1.ral�i l'P Gl. 1?( Printed Name an iant ember- I� zo (o Date Upoo x(31 Federal Employer Identification Number SUBSCRIBED AND SWORN TO (of-affirmed) before me Phis . day, of ,20 ^ HO/She_ is.personal� y known to me or has presented `� t ' Type ofident fiation as Identification. Sig Lire of Notary NKENGA-A. PAYNE Seriat.Nu i er 10 , F ,: MY COMMISSION #DD 714025 �: %Y= EXPIRES: October 5, 2011 % of ;,°1.�` 8wded ThM Notary PLM Undenvnners Pdnt or Stamped Name of N� o ry Notary Public, State.of t ✓1 Expiration Date COLLUSION AFFIDAW r (Code of Miami -Dade County Section 2 -8.1.1 and 10 -33.1) (Ordinance No. 08.1131 BEFORE ME,, A NOTARY PUBLIC, personally appeared -f � r {o r 1_ I iCr �� duly swom states; who being. (insert name of affiant) I am over 18 years of age, have personal knowledge of the. facts stated in. this affidavit and 1 am an owner, officer, director, principal shareholder, and/or t am otherwise authorized to bind the bidder of this contract i aiaie uiai iite kidder of ihis contract: is not related to any of the other parties bidding in the competitive solicitation, and that the contractor's proposal is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the contractor has not directly or indirectly,. induced at solicited any other proposer to put in a sham proposal "or:any other person, rift orcorporation to refrain from proposing, and that the proposer has not i by collusion to sec n any manner sought secure to the proposer an advantage aver any other proposer OR. C] is related to the following' parties who bid in the below sotic'rtation which are identified, and listed Note: Any person or entity that fails to :submit this ,executed affidavit shall be ineligible For Contract ,award in. the event a .recommended- .contractor identifies related parties in. the competitive solicitation its bid shall be presumed to be collusive and the recommended contractor shall be ineligible for award. unless t (presumption is rebutted by prresentation of evidence as to the extent of ownerships control and management of such related parties in the preparation* and, submittal of such bids or proposals. Related parties shall mean bidders or proposers: or the principals, corporate ofryceYs. and managers thereof which .have .a direct or,indirect ownership interest in another bidder or proposer for the, same agreement or in which a Parent or the principals thereof of one. (1) bidder or proposer have a direct or indirI a Parent c interns( in another bidder or proposer for the same agreement. Bids orproposa(s found to be collusive shall be rejected. ey. zo I o Signature cf Affiant Date vabilP h r'},, Mrxn0.9ec �_C �cL/ 1 �l mpicye —I Pnnted Name of Atfiant and Federal Employer Identification Number 331 6WACKAGEAJDMM 1M RwiWNIt SUBSCRIBED AND SWORN TO (or affirmed) before me this b day of IC - . 20L HefShe is personally known to me or has presented id"enfification.. Type of identificafion Signatur f No NKENGA MYCOMMISSIONODD714025 enaiNumber .Print or Stamp Name a XPIRES:Ogober5,201 .. . eordedmNNoWrywamun&mmers I iration Date Notary Public— .State of by ' Notary Seal sm eacrass w�� ,k,� yr�yy 1 ill Of Suvrh �'IiO.mA Agency Name DISCLOSURE ABOUT RELATED PARTIES Deeembtr k 01D Date THERE ARE NO BOARD MEMBERS OF THE C� 0 t �ovp vl&ry\� (Agency Name) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH ' SO V 1 K M lalykl (Agency Name) OPERATIONS. By: _. Signature of Affiant Name and Title of Af C — RTWICA'TION REGARDING )LOBBXING The undersigned certifies, to the best ofhis or her knowledge and belief, that L No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting. to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Meember of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of, any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amcridme:u, or modification of ail" F°� i, nft�a�.Y cooperative agreement. y era o �— I o'a —t, lt,an, or 2. If.any of the funds other than Federal appropriated funds have been paid or will be paid to any, person for influencing or attempting to influence an officer or employee of any agency,. a .Member of Congress; an officer or, employee of Congress; or. an employee of 4-Member of Congress ;in connection with this Federal contract, grant .. Loan or cooperative agreement, the undersigned: shall complete and sglimit Standard Form , LLL, "Disclosure Form to Report Lob instructions. bying ;" in accordance with .:.its 3. 'The undersigned shall require. that the language of this certification be included in the award documents, for all subawards at all tiers (including subcontracts, subgrants, and contracts iinder'grants, loans, and cooperative agreement in excess of.$100,000) and that all subrecipients shall certify and disclose accordingly. 4. This .certification is a material representation of fact Upon which reliance was placed when this transaction was made or entered into. Submission. of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any Person who fall's to fire the required certification shall Ire subject h. a civil penalty. of not less than' SI0,00o and not more than $100,000 for -each such. failure. By: . Print: Title: 10L l e Ph. D. or Firm and AutlrorveA Renraao.taa..a — "— "' -7'—`— Date: �(O, a D 1O LIVING WAGE REQUIREMENT (Miami -Dade County Ordinance 9944) Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 9944 and Section 2 -8.9 of the Code of Miami -Dade County shalt apply to all service contracts involving the expenditure of over $100,000 per year for "Covered Services ". "Covered Services" are the type of services purchased by the County that are subject to the requirements of the Living Wage Ordinance which are one of the following: (1) County Service Contracts (i) food preparation and/or distribution (ii) security services .(iii) routine maintenance services such as custodial, cleaning, refuse removal, repair, refinishing and recycling (iv) clerical or other non - supervisory office work, whether temporary or permanent (v) transportation and parking services, including airport and seaport services (vi) printing and reproduction services (vii) landscaping, lawn and/or agricultural services In accordance with Miami -Dade County Ordinance 99 -44, all Service Contractors entering into a contract with Miami -Dade County to provide Covered Services as described above shall pay to all of its employees providing such Covered Services to the County a Living Wage of no less than $8.56 per hour plus Health Insurance as described in the aforementioned ordinance, or $9.81 per hour without Health Insurance. Such Health Benefits shall consist of payment of at least $1.25 per hour towards the provision of health care benefits for employees and their dependents. Proof of the provision of Health Insurance must be submitted to the County to qualify for the wage rate for employees with health benefits. The Service Contractor shall also agree to produce all documents and records relating to payroll and compliance with this Ordinance prior to award of a contract as a result of this solicitation upon request by the County. If records reflect that the Service Contractor cis_inviolation of this Ordinance, the County has the right to sanction the Service Contractor to include but not limited to termination, fine and suspension. This Ordinance encompasses various responsibilities that must be accomplished by the successful proposer such as record keeping, posting and reporting. Upon the award of this contract, the successful proposer must be prepared to comply with these requirements as outlined in Ordinance 99-44. 5/01 I oft FORM A -I 1 MIAMI -DADE COUNTY, FLORIDA MIAMI -DADE COUNTY LIVING WAGE AFFIDAVIT (Ordinance 99 -44 and Section 2 -8.9 of the Miami -Dade County Code) Solicitation No.:, Title: __ S w O l P", 2'+(Q 2-f tnl,b f of P_M r2.rs% i (> �tQr �Dr ,lllirabii2 being first duty sworn hereby state and cert afyathat m comp Lance wath Maama -Dade County Ordinance 99-44 and Section 2 -8.9 of the Miami -Dade County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage required by Miami -Dade County Ordinance 99 -44 to all employees assigned to this contract. The bidder or proposer further understands that the current living wage applied o this contract is $8.56 per hour plus health benefits as described in the ordinance, or $9.81 per hour without health benefits. By: / / �Signature _.1/fG2xn KP , 20 t O Date of SUBSCRIBED AND SWORN TO (or affirmed) before me this day of l ati'_13v �?� 20,0, by ` ' rn t t %�' P He /She is personally known to me or has presented Affiant as identification. Type of Identification or Stamp Notary Public — State of aiJ1j� (i Rev, 1/20/00. MY COMMISSION k DO 714025 2 of 2 Serial Number Notary Seal FAIR SUBCONTRACTING POLICIES (Ordinance 97 -35) FAIR SUBCONTRACTING PRACTICES In compliance with Miami -Dade County Ordinance 97 -35, the Developer submits the following detailed statement of its policies and procedures of awarding subcontracts: I her. . Sign, Title: Firm IFIease See O MageA CAOCtAnv-At , Address:_ �uA1 ,ek .Vftqe_ city.sS� i��vu State: Zip Code: 3?> iLCS Telephone: Fax: &-5j _ (9(p3 65 12 Microsoft Word /Affidavits 2006 /Revisedlmdm -01- 042006 Purchasing Policy The City Commission's approval is required on all purchases over five thousand dollars ($5,000.00). To this end, resolutions prepared by the department requesting the purchase shall be submitted to the City Commission for approval before the purchase is made. In the event of an emergency, approval may be given by the City Manager pending later ratification by the City Commission. Unauthorized purchases are not allowed and considered to be a non - obligation of the City of South Miami. The person ordering the unauthorized purchase is personally liable for the costs of the purchase. Splitting of orders through multiple purchase orders for the same goods or services to circumvent bid procedures is improper, they are unauthorized and illegal. It is imperative that all personnel who are involved in the ordering of goods and services are completely informed about purchasing procedures and complies with the provisions. Purchasing procedures are divided into two different categories as follows: PURCHASE OF ITEMS OR SERVICES UNDER $5,000 Using the order form, the departments shall submit requests for all purchases to Central Services Office, indicating the date item is needed, if applicable, description of item including parts and /or manufacturer's number, quantity of item needed, budget account number to be charged, and Department Head's signature. In order to expedite the process, it is advisable that departments submit three price quotes with all orders above two hundred dollars. When replacing non - office supplies item, written justification must be provided, and the damaged or obsolete item must be submitted to the Central Services Office. Upon receipt of the order form by the Central Services Specialist, a process of verifying the price quotes will follow. This involves checking the price quotes submitted by the departments with the vendors, if not written. In the case of acquisitions dealing with sole source, approval by the City Manager will be on a case by case basis, and justification must be provided. Requisitions using other government bids will be accepted provided a copy of the awarded bid reflecting the bid number, expiration date, products and or services, and prices on the proper government letterhead is provided. After verifying the price quotes, the Central Services Specialist will prepare or verify the departments requisition, and key in the system to request a purchase order. In cases where total goods and services obtained from a vendor in a fiscal year is expected to exceed five thousand dollars ($5,000.00), an open purchase order method will be utilized. This method consists of drafting a resolution to be presented to the City Commission by each department requesting authorization. Once the total amount of purchases from the approved vendor exceeds... More>> Next Page >> wrnrs. southmiamifl .gov /index.php ?src =... 1/1 the amount authorized by the City Commission, a new resolution will be drafted to request new authorization. ACQUISITION OF ITEMS OR SERVICES EXCEEDING $5,000.00 The procedures for acquisition of items or services over five thousand dollars ($5,000.00) shall be in accordance with the City Charter. Departments shall submit order form to the Central Services Office indicating items or services to be purchased, quantity, date needed, and Department Head's signature. Any of the following three formal competitive bidding procedures shall be utilized when acquiring any item that falls in this category. 1. COMPETITIVE SEALED BIDDING PROCEDURE Invitation to bid shall be issued by the Central Services Office and advertised in a local newspaper. The invitation shall contain a detailed description of the items or contractual services sought; the deadline for submittal of all bids, and all contractual terms and conditions applicable to the procurement of the items or services. Opening of the bids shall be administered through the City Clerk's Office. 2. COMPETITIVE PROPOSAL PROCEDURE The Central Services Specialist shall seek competitive proposals from at least three different sources of supply using the specifications on the order form submitted by the departments. The vendor with the lowest bid shall be awarded the contract, unless it is determined to be a low -ball, at which time the City will exercise its rights to reject the bid and select another one. 3. OTHER GOVERNMENTAL AGENCIES' FORMAL BIDDING PROCEDURE Bids received by other governmental agencies on similar items or services that the City is acquiring may be used if the agency follows similar competitive bidding procedures set forth by the City. THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL RESPONSES RECEIVED ON SOLICITED BIDS. << Previous. Page www. southmiamifl .gov /index.php ?src =... 1/1 ATTACHMENT H SUBGONTRACTORISUPPLIER L ISITING (Ordinance 97 -104) . Firm Name of Prime Contractor/DeveloperT ooth A to -mt_. This form; or a comparable listing meeting the requirements of Ordinance No. 97 -104, MUST be completed by the developers on County contracts for purchase of supplies „materials or services, including professional services which involve expenditures of $100,000 or more, and all developers on County. or Public Health Trust construction. contracts which involve expenditures.. of $100;000 or more. This form, or a comparable listing meeting the requirements of Ordinance No: 97 -104; itiust.be completed and 'submitted even though the developer will not utilize subcontractors or suppliers on the contract. The ,developer should enter the word "NONE” under the appropriate heading on'thls forrir in those instances. where no subcontractors or suppliers will be used on the contract. The developer who is :awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be perforrned or materials to be. supplied from those identified; except upon vaitten approval of the County. .. .; �-$. .:Ar.4. r IS91X, Prpt_... ..Rti'✓r a: .e x..41,. 1 certify that the representations contained in this Subcontractor /Supplier listing are to the best of my knowledge true and accurate. Signature eveloper(s) Print Name t idle 12WARX- 1,l ; QDio Date (Duplicate If additional space is needed) 13 Miixosoft WordrAlfidavb 2006/Revised/Mm -01-04 -2006 Authodzed Representative