The URL can be used to link to this page

Res No 199-13-14017RESOLUTION NO. 19 9 -13 -14 017 A Resolution authorizing the City Manager to execute Amendment Four to the Combined FY 2008, 2009, and 2010 Community Development Block Grant (CDBG) agreement for the Murray Park Aquatic Center - Construction Phase I in the amount of $1,207,374 with Miami -Dade County's Department of Public Housing and Community Development (PHCD) to extend the expiration date from June 30, 2013 to January 31, 2014. WHEREAS, the City of South Miami was awarded multiple grants for the Murray Park Aquatic Center - Construction Phase I that were combined into one contract Combined FY 2008, 2009, 2010 Murray Park Aquatic Center - Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development with a contract expiration date of December 31, 2011; and WHEREAS, Amendment One to the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center - Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development extended the contract for one year to December 31, 2012; and WHEREAS, Amendment Three to the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center - Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development extended the contract for six months to June 30, 2013; and WHEREAS, the City of South Miami was approved for a 7 -month contract extension to January 31, 2014 in the form of a grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development for the Murray Park Aquatic Center - Construction Phase I; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to amend the agreement with Miami -Dade County's Department of Public Housing and Community Development to extend the expiration date from June 30, 2013 to January 31, 2014 of the grant agreement amendment for the Murray Park Aquatic Center - Construction Phase I. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to amend the grant agreement with Miami -Dade County's Department of Public Housing and Community Development to extend Res. No. 199-13-14017 the expiration date from June 30, 2013 to January 31, 2014 for the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase I. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED thisl 7th day of September '2013. ATTEST: ITY CLERK �� APPROVED: mvlau�j" MAY 6R ORM, COMMISSION VOTE: 4 -1 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Nay Commissioner Harris: Yea Commissioner Welsh: Yea 2 TO: I -rW DATE: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven J. Alexander, City Manager September 17, 2013 Agenda Item No.: South Miami All•Rmedca G'dy 2001 SUBJECT: A resolution authorizing the City Manager to execute Amendment Four to the Combined FY 2008, 2009, and 2010 Community Development Block Grant (CDBG) agreement for the Murray Park Aquatic Center — Construction Phase I in the amount of $1,207,374 with Miami -Dade County's Department of Public Housing and Community Development (PHCD) to extend the expiration date from June 30, 2013 to January 31, 2014. BACKGROUND: The City of South Miami was awarded multiple grants for the Murray Park Aquatic Center from the Miami -Dade County's Department of Public Housing and Community Development that were combined into one contract, the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase I from with a contract expiration date of December 31, 2011. Amendment Two to the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development (PHCD) extended the contract for one year to December 31, 2012. Amendment Three extended this grant contract an additional 6 months to June 30, 2013. The City of South Miami was approved for an additional contract extension for 7 months to January 31, 2014 in the form of a grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development for the Murray Park Aquatic Center — Construction Phase I. GRANTOR: Miami -Dade County Public Housing and Community Development (PHCD) formerly known as Miami -Dade County Department of Housing and Community Development (DHCD) GRANT AMOUNT: $1,207,374 GRANT PERIOD: January I, 2010 through January 31, 2014 ATTACHMENTS: Amendment Four to the Combined FY 2008, 2009, and 2010 Community Development Block Grant Contract between Miami -Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase I. Resolution 58- 13- 13876: Amendment Three to the Combined FY 2008, 2009, and 2010 Community Development Block Grant Contract between Miami - Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase I to extend the contract expiration date from December 31, 2012 to June30, 2013. Resolution 232-11-13546: Amendment Two to the Combined FY 2008, 2009, and 2010 Community Development Block Grant Contract between Miami - Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase I to extend the contract expiration date from December 31, 2011 to December 31, 2012. Letter dated October 4, 2012 from Letitia Goodson, PHCD, to Hector Mirabile, Phd., City of South Miarni, no Amendrfient One due to Scrivener's Error. Resolution 279 -10- 13313: Combined FY 2008, 2009, and 2010 Community Development Block Grant Contract between Miami -Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase 1. Resolution Number# R- 1222.07• R- 1127 -08• R- 914 -09• R- 1284 -09• and R- 111 -10 Duns Number #024628976 Awarded Amount $1,207.374 CDBG 2010 Municipality`. AMENDMENT FOUR TO THE COMBINED FY 2008, 2009 & 2010 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI This Amendment amends the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "County", and the City of South Miami, a municipal government organized under the laws of the State of Florida, hereinafter referred to as the "Awardee" or the "City", executed on May 16t" , 2010, (the "Contract" or "Agreement ") is amended as follows: 1. Page 29, Section IV (A)( 2), first sentence is amended to read as follow: This Agreement shall expire on January 31, 2414. 1. Attachment A -1 of the Contract is replaced in its entirety and is hereby amended by Attachment A -1, which is attached hereto and incorporated by reference. The effective date for this amendment is June 30, 2013. All references in the_ Contract to the expiration date shall now read the expiration date of January 31, 2014. This Amendment is intended to extend the Combined FY 2008, 2009 & 2010 .Community Development Block Grant Contract between Miami -Dade County and the City of South Miami executed on May16th, 2010 (the "Contract' or "Agreement "), until January 31, 2014. The Parties ratify and adopt all the provisions, duties and obligations of the Contract as if fully set forth herein. This Amendment and all its attachments are hereby made a part of the Contract. Except for any-changes enumerated above, all provisions of the contract shall remain in full force and effect. Page 1 of 2 Resolution Number # R-1 222-07; R- 1127 -08; R-914-09• R- 128409• and R- 111 -10 Duns Number #024628976 Awarded Amount $_1207X4 CDBG 2010 Municipality IN WITNESS THEREOF, the parties hereto have caused this two (2) page conjract to be executed by their undersigned officials as duly authorized, this day of -/"uJ, 2013. AWARDEE: MIAMI-DADE COUNTY City of South Miami BY: BY: NAME- Shen Alexander NAME: TITLE: City Manager/ , TITLE. � / 1_ _ DATE: 6� 9 �ao BY: ATTEST NAME: Maria M. Menendez BY, TITLE: TITLE: a� e �! I< 61 ) / --I DATE: Cit -5/62 013 Witnesses: Approv BY: and Le i nature ,g u re� Type or Print Name Federal ID Number: 59-6000431 R- 1222 -0.7; R- 1127 -08; R -914- Resolution #: 09; R- 1284-09; and R- 111 -10 CD534C09CI; CD535C08Cl; Index Code: CD534C09CCI; and CD536C10CI Contractors Fiscal Year Ending Date: September 301h CORPORATE SEAL: Carlos A. Gimenez Mayor as to form "MO AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES m U 4J 4J Qi r CITY OF SOUTH MIAMI MURRAY PARK AQUATIC CENTER iD Task h:r7sO a'Lit r F3ntrH 7 w'" D-7 G�^n3m 11012 _ M. , ' 7 Marry Palix Come yP_ol TucJt3 T�8'10r1taa6 oafs 57 2days • i I � 3 s i 2 ;' ;' 0—or N%lop TO P="d Tw=wla,,; Yua?.'iZdIJO a..sy-..... .. Odsys. 7lwTO P7ea`aad 't �. i ! N [ 3� {ieeteahrakal EsBiOd'JpnTOWrq klonaieila? PddFi9tl370 daja s3 $ays �• 87Uga8aa �r � i i I � � � t i 5ie 9ntVay EtOnYId13' Taa #T.itiS2days .days ( $ I 5 DMIZA A S=W§ FRYelts L%n472W73 WedlINUl83dsys 256 dnr Eli � ® SC.ASO+atiC POStgn SLtDatadi Phasel AWts2&`13• WE030iSi3a5 days 17 dns Oe7gn lu Ph-11I Sc�ftma(iC Design- iTwtar ii0Y1DW TAOS?16713 W00S 793 says 7 ft tip- C wm rwal i €'s FnvlreruaaNal,uwlbs. PWe P2wwwyNaeieps nu, W43M. TUOVWMA dns 6day. y ; ( kont. zrftt ' n fin rdi�km"It a s 5cs4 Gc+nWUIX6n DOCUa7etie PhsuU Thu sWs3; S1OO 7lBrfs'99 days 49m1s i I i E I t I ran usu ;s cabin ph. ' i0 6014 GcvalnrcFian u7gS Mh T135 _ q I Cerc�ru �U De m UVs$ocmeb- 0.fl,A. „' su�g�i�eamrwaapero�DoeNna :�ewo�cepPrgea T�e7lrait� �nTt?uissdays' �� any- I� � � ' i � � � I� �' ao�raea;�euc .rmi _I�e -t PaWN, Uoadt SMIh hM1eOArWbcsrrai 1 j � 9E { aadecepe 7x07710113 6�R 7122f19.Sdayi 7"p ( I [ 1 f I �1101 Al Uorld LT— Y.rn i3 -. ErWmareaMat UgWas, fie PrWkWwq RoWem - TUDWI 113 FrIM 119 ddays a0s7cl { {{ `t i7kd,i3raP 7+�tr's i 14 Tae710113 Wcd=MN 2day. 30 dan t t I % cTvuv anGSZSans tsPn M �" 73 r 90%C.ons4tzSbn Daunents -Ohms Ravlam Tnu WIS WWW1411�ctrys 7d21 I 1 I i� t "ta 1CML COmfnritan lkeuaeNSlfiWbJng PeenU Sat Thssisju: Fd 9(6713�22days SO dzS' - OdY. ++sou i t I r WWASO arafopealgmsmsm COmptet.tf BY aener Fri87s133F Fd at&13A days ' S to MDCOxntyEm4m=wWRoiew[oERK a+mwws3: Kmlonm21dr :3roy� 70 i MD0Dimtyt7r lWe[DZ*) Pdon 3'8113 �liCi08/7322days ,_ :Adz �I r 20 - MD Wawa sew. Approval M-mil& Fd11015113,50d"s i7 i &iD FlreApprasi Mau 9"9113 Fd arm7i3`tDears ;2y."""" ii I , S i " zzy NPOES Pamdt PendlrgAma Oi D%Wft KO WO a MA3 Toe t0o217322hays . SD SSfs l i - i i I I ', , 6u4M0ng Oepmtmwt HMOw LAa 1111a1i3 &bri i2muiti d4s 20 SuUding Dapadmard RctisiOnxtteatrOMNai Doran lNS TuelzWla. Tus1PPVmilsdmys 32d3 I 2 f 8WIG ing132pa4.9NPYWRevise0Apprmai Wed 132518,9: Wed1xnl .11,*5 2 tbaatnicttpn 7h fVkV,' 7ueeAWt41594ey: 2i3 427 SUbatanUdCOmpkOOn TueStl BtNlTua9rt9liiD ! , '"`�"�'' - F aiLbmpte6On Wad012(V14` ►mnwl6n ;: °may'` li I 3 I 1 ! l i l- oan ... II C t Pane r CITY OF SOUTH MI MI MURRAY PARK AQUATIC CENTER j Aid -71 1 7- 71 4m now= M.w _ '� L-L-L � I i I I ld 1� I 1 � RESOLUTION NO. 58-13-13876 A Resolution authorizing the City Manager to execute Amendment Three to the Combined FY 2008, 2009, and 2010 Community Development Block Grant (CDBG) agreement for the Murray Park Aquatic Center — Construction Phase I in the amount of $1,207,374 with Miami -Dade County's Department of Public Housing and Community Development (PHCD) to extend the expiration date from December 31, 2012 to June 30, 2013. WHEREAS, the City of South Miami was awarded multiple grants for the Murray Park Aquatic Center — Construction Phase I that were combined into one contract Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development with a contract expiration date of December 31, 2011; and WHEREAS, Amendment One to the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development extended the contract for one year to December 31, 2012; and WHEREAS, the City of South Miami was approved for a 6 -month contract extension to June 30, 2013 in the form of a grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development for the Murray Park Aquatic Center — Construction Phase I; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to amend the agreement with Miami -Dade County's Department of Public Housing and Community Development to extend the expiration date from December 31, 2012 to June 30, 2013 of the grant agreement amendment for the Murray Park Aquatic Center - Construction Phase I. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to amend the grant agreement with Miami -Dade County's Department of Public Housing and Community Development to extend the expiration date from December 31, 2012 to June 30, 2013 for the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center — Construction Phase 1. Section 2: This resolution shall be effective immediately after the adoption hereof-. Res. No. 58-.13 -13876 PASSED AND ADOPTED this 19t:hday of March ., 2413. ATTEST: l�:dy ✓� CITY CLERK APPROVED: ORM, COMMISSION VOTE: 5_0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea Resolution Number # R-1222-07, R- 914-09• R-1284-09, R- 111.10 Duns Number #024628976 Awarded Amount $1,,207.374 CDBG 2010 Municipality AMENDMENT THREE TO THE COMBINED FY 2008, 2009 & 2010 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI The contract entered into between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to as the "Awardee" executed on May 16th, 2010, is amended as follows: Due to a Scrivener's Error, the amendment number was inadvertently changed in the title of the amendment from Amendment One to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract to Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract. The current amendment title will remain Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract making this Amendment Three to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract. 2. Page 29, Section IV (A)( 2), first sentence is amended to read as follow: This Agreement shall expire on June 30, 2013. This Amendment is intended to extend the FY 2010 Community Development Block Grant Contract between Miami -Dade County and the City of South Miami executed on May16, 2010 (the "Contract "), until June 30, 2013. The Parties ratify and adopt all the provisions, duties and obligations of the Contract as if fully set forth herein. The effective date for this amendment is December 31, 2012. All references in the Contract to the expiration date shall now read the expiration date of June 30. 2013. This Amendment and all its attachments are hereby made a part of the Contract. Page 1 of 2 Resolution Number #.R-1222-07: R- 1127 -08: R- 914.09; R- 1284 -09: and R- 111 -10 Duns Number #024628976 Awarded Amount $1,207,374 CDBG 2010 Municipality AWARDEE: City of South Miami MIAMI -DADE COUNTY BY: = BY: NAME: Steven Alexander. TITLE: Acting City Manager DATE: BY: NAME: Maria M. Menendez NAME: 1 Carlos A. Gimenez TITLE: Mayor ATTEST BY: _ p TITLE: TITLE: !� �� DATE: 57 la ,o > t 3 Witnesses: BY: (61!n ture) Type o rint Na Me Federal ID Number: 59- 6000431 R- 1222 -07; R- 1127 -08; R- 914-09; R- 1284 -09; and R- Resolution #: 111 -10 6D534C09C1; CD535C08CI; CD534C09CCI; and Index Code: CD536C10CI Contractor's Fiscal Year Ending Date: September 30th CORPORATE SEAL: Approved as to form and Le al Sufficiency As ' t not ounty Attorney Ofe `—.l�> AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 2 of 2 MIAMI -DADS Carlos A. Gimenez, Mayor April 25, 2013 Mr. Steven Alexander City Manager City of South Miami 6130 Sunset Drive, City Hall 1St Floor South Miami, Florida 33143 Public Housing and Community Development 701 NW 1st Court • 14th Floor Miami, Florida 33136 -3914 T 786- 469 -2100 F 786- 469 -2237 miamidade.gov Re: Amendment Three to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract Dear Mr. Alexander: Enclosed is an executed copy of Amendment Three to the Combined FY 2008, 2009 & 2010 Community Development Block Grant (CDBG) Contract between the City of South Miami (the City) and Public Housing and Community Development (PHCD) for the Murray Park Aquatic Center (to include Swimming Pool) project. The effective term of this agreement is from January 1, 2010 through June 30, 2013. Your staff must ensure that PHCD receives all reports and other required documents identified in the contract by the required deadlines to avoid suspension of funds. If you have any questions, please contact me at 786- 469 -2220. Sincerely, Letitia S. Goodson PHCD Project Manager Enclosure RESOLUTION NO. 232-11-13546 A resolution authorizing the City Manager to amend the Combined FY 2008, 2009, and 2010 Community Development Block Grant agreement with Miami -Dade County's ]Department of Public Housing and Community Development (PHCD) to extend the expiration date from December 31, 2011 to December 31, 20.12 for the Murray Parr Aquatic Center - Construction Phase I in the amount of $1,207,374. WHEREAS, the City of South Miami was awarded multiple grants for the Murray Park Aquatic Center - Construction Phase I that were combined into one contract Combined FY 2008, 2009, 2010 Murray Park Aquatic Center - Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development with a contract expiration date of December 31, 2011; and WHEREAS, the City of South Miami has been approved for a 12- month contract extension in the form of a grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development for the Murray Park Aquatic Center - Construction Phase I; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development; and WHEREAS, the Mayor and City Commission authorize the City Manager to amend the agreement with Miami -Dade County's Department of Public Housing and Community Development to extend the expiration date from December 31, 2011 to December 31, 2012 of the grant agreement amendment for the Murray Park Aquatic Center - Construction Phase I. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT- Section I: The City Manager is hereby authorized to amend the grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development to extend the expiration date from December 31, 2011 to December 31, 2012 for the Combined FY 2008, 2009, 2010 Murray Park Aquatic Center - Construction Phase 1. Section 2-. This resolution shall be effective immediately after the adoption hereof. Res. No. 232 -11 -13546 PASSED AND ADOPTED this 2.0 th ; day of Decembpr2011. ATTEST: GKY CLERK "0 2 APPROVED: /44d4 MAYOR- Commission Vote: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: absent Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner ffarris: Yea a, q U -. INCOR 7ATiA 1027 � Q FLI CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission FROM: Hector I"lirabile, Ph.D., City Manager I DATE: December 20, 2011 Agenda Item Na.; South Miami kzftd Aitlimei�'dCilY 3 2001 SUBJECT: A resolution authorizing the City Manager to amend the Combined FY 2008, 2009, and 20! 0 Community Development Block Grant agreement with Miami - Dade County's Department of Public Housing and Community Development (PHCD) to extend the expiration date from December 31, 2011 to December 31, 2012 for the Murray Park Aquatic Center — Construction Phase I in the amount of $1,207,374. BACKGROUND: Miami -bade County Public Housing and Community Development (PHCD) awarded the City of South Miami the Murray Park Aquatic Center — Construction Phase I with an expiration date of December 31, 2011 in the amount of $ 1,207,374. The City of South Miami was awarded multiple grants for the Murray Park Aquatic Center -- Construction Phase I that were combined into one contract Combined FY 2008, 2009, 2010 Murray Park Aquatic Center w- Construction Phase I from Miami -Dade County's Department of Public Housing and Community Development. The City of South Miami was approved: for an additional contract extension for 12- months in the form of a grant agreement amendment with Miami -Dade County's Department of Public Housing and Community Development for the Murray Park Aquatic Center -- Construction Phase I. GRANT044 Miami -Dade County Public Housing and Community Development (PHCD) formerly known as Miami -Dade County Department of Housing and Community Development (DHCD) GRANT t mOVNT:. $1,207,374 GRANT PERIOM January 1, 20 [0 through December 31, 2011 A'rTAa im"EN`5J'S: Amendment One to the Combined FY 2008, 2009, and 2010 Community Development Block Grant Contract between Miami -Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase L Combined FY 2008, 2009, and 2010 Community Development Block Grant Contract between Miami -Dade County and City of South Miami for the Murray Park Aquatic Center Construction — Phase 1. Resolution Nmnber iF t2 9 ?22- Q7�K!I'1.27- UF3�,13 9 r R••12A! -OS� iizrt- l2,i•11 -10 Duns Idurnbert /0246 ?_.£397G Awarded Amount $11,07,174 cDBG 2010 Municipality AMENDMENT TWO TO THE COMBINED FY 2008, 2009 & 2010 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MI,AMi The contract entered into between Mi-imi -Dade County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and City of South Miami, hereinafter referred to as the "Awardee" executed on May 96th, 2010, is amended as follows: 1. The Contract is hereby amended to delete alt references to "Department of Housing and Community Development" or "DHCD" and replace it with the said references of the "Public Housing and Community Development" or "PHCD ". .-- Page -a- section- il- (C�)- is -amene led -Co- read- ;:�(�- fsl }o�vs:- G Oert#fis�t�-atir -�+# y Tl�e- Awaretee-- slaali-- be- respr�r�sible- for-- mt�i�ring -- #had thy;- inssral�F�z• cc- �r�tifisr,tes- rec}�+ired�in tanjurtstion- with - this-- s�lbsectior -?, x�:rl�ir� -irr- fare- ic�r- thr -,-dare soon- af- #�{e -- ,fit- QEr�ent- pelaod; incltldir�g- any- ar�d_ak!- ot�tien- years; if aJaplic;�hke: --- The- Awat�deea�ratast -hare- the- cc�ueracdP- site�3 i, a- the -�- new-- ABt�ctarnerrr:- �- ��8- ) --of -- the-- agreei��ent at- the- bac�trrr�ring ..rf- •ttae- canta�as>: - -ifi tJ-�e il-- utanGG- seOifieatc-s- are- scheehi}(,d- to- e .xpSr{t dt :irfrsg- the Agreea.ient- per+od- -the- Awardee sl- ;afk- ►ae- res}�orrsik�lc;�- fir- s+�r- aittisag- new- or-+ eriewec#- in;; isr- �';nse�- e;eitiic�atc- � - #c�- the-- Gc�ur� #y T'st -a +�rinin�ut��ertk= ritzy- (3t�- j- cYa)etaclar- stays �F,:t�rd -st u� h- c:�c�iirt�tibr�: ln- -the- event - that- expiratinta- certificates -rare not raptacc�d- wit(:7 new- c�tr- snows °c}- sertifiaates -that cover the •-- Aggreement -- petted,- the- - CoLinty- -shall- -sus, pond- th(a- Agreen -- feat- -unIi1 .the- now -or- retrewcei-- certificrate� area- received- by- -- the-- .Eounty- .._ir-_the• manner- prescribed- -- in---tl1e to <: lair -es rents _ }FO'JlftE'(j; hsawevet,- that -this - not- exceed- thirty -.0a. ) dc�j/5, tilf? CF)Ut? #y_r11�iy at- its S�l� C- itS61 "efil0 {=1; ten�7irate thr._Ac�reer7arant Iriczt tc� exec ativrr cif the- Agteernent- ley-- tht- :- ��r�r�rnfy- grid- c; omrnPncenrc :nt- of- ihe- vc�ra #rac�tad ser�,i< ;ey -the Awardee shall - obtain- all_instkr -ante-- reeluirecl (ender- this,Se{ stir- li=-a nd-- subta7it- -sagie=to- tha-Get:inty+ far €approva}: - Alt iristrt -ance sera!l -be -m aint1iitic.cl- thFoughaut the ter-rn of-the Agreement: 3-Page is,-arnel- idc:,,c.l - #o rexi-- as- fullcrws '�� Sett�icates- ef- dr�st�ra�aea Thc: by- ,Pl1Gr.) - -with in- the- of this .Agroe rtiont- per-WT— and subrFritteck with easlz- payrnenf; reE }(:�r st int,l(:(d'rnc] -- trey reriuw ls,- rsri<�r -to pa;�naei� #s rrrac c (�y the County: - _The - effective- date- of lhe,c7overage ref this agx�er� -�ef� Page •1 of 3 Resolution Numi)c;r 11.h 122'21. -o:f; ..a 1111�1t1 Duns Number (1024628076 Awarded Amount $1_2D7,_:jL4 cpBG 2010 Municipality C ,3aveFnlraer4- entity- "i4i'rlf- -*0elnnify and t;a(cl ktarrnless -Ahe - --its officer -s; enaplayees -- agen #'s- and- inatrunaent alit ies- fr- r�n�l -- alb..- ar3c -i- alt -I +alp (tits- .loseu- or�slalYlae�e's; inufudir;y- at #orney's J'oes-- and -costs of -- defense-- whioi}- -the- CQunty-or (-&. officer -s, ernploye s,,i tents. or histrume 1 -r (( #ie �lrkty i cur a ra resulk of Clair r: clen��r�c &, snit Ua�rses- cif- ac- ior- ier- er- _rrr- ooe::cli►�cts --of ar�y- IFir��!- or•- na #i:rre- ar�inc,� -Drat reeultirig- frerxa-- -fie`- fl��for- rrrrrrrsca- of- th( �- Agt�eer -hrn-- F�y�fae-- ��verfln�lent -- anti- �j- or• -(t� ern{�(nyee;;- aged #�- servants; -l- partners -- grit- icipals or-- suhcor�- l�acfsrs: -- •cover- nn�n�-er�tity sf�aa- {gay ell c7(aims- and -lo- saes - it r- Gcnne�GtjGn- tkrerewit.441nd shgllar -rvr; fi #F}atis aract clefelac all -4aim. suits 01=- actions- of -a +�y Ic1nd -or nat rre (rr tf�e- name of the Go�lnty; where applicable; iriclucdr a etlate oc; dines; anti -sha(I fla;r- _a. {r_sost; �udgrnen #sr; -and at- omey's. fee&- wWch -Fray i� thcax�on- G<�uernlent cell -y -xpa e5sly ureter- stanc4s,an�i agrees that any-( r- x >trrance- prvteefien- rectuired- Fey- th(s•- Acdreer�er- j€•o► -of- here- E�r�vi�fe�t 4y- Government- entity..sl4a ponsiaility- to- indemnify, keep - and -save, harmless--an d - defend -fhe Gol:lii #3r. or its- off urnentalities as- herein -as - her- ein- (�rovicleel: i �1— Attackrl�e��t h3- �1- +sar�rer�ded- in -+ts�- entirety- ar�cl- re�lacc�cl -wt' -h- the-- newA- tar�#alnerat f3 -�(�j: 5. Page 29, Section IV (A)(2), first sentence is amended to read as follow: This Agreement shall expire on December 31 , 2012� 6. Attachment A -1 is amended as indicated in A-1. This Amendment is intended_ to, extend the FY 2010' Community Development Block Grant Contract between Miami -Dade County. and the: City of South Miami executed '6n'.May16, 2010 (the "Contract'), until December :31, 2012. The Parties ratify and adopt all the provisions, duties and: obligations of the Contract as if fully set forth herein. The effective date for this amendment is December 31, 2011. Except for any changes enumerated. above, all provisions of the contract shall remain in fill force and effect. This Amendment is intended to, extend the Contract, until December 31, 2012. The Parties ratify and adopt all the provisions, duties and obligations of the Contract as if fully set forth herein. This Amendment and all its attachments are hereby made a part of the Contract'. Page,2 of Resolution Number _#R- 222.07R-1127-08R.914.09 •1284-09; and R-111-10 Duns Number #024628976 Award Amount $1,207.37 CDBG 2010 Municipality AWARDEE: City of South Miami BY: NAME: Hector Mirabile, Ph.D. TITLE: City Manager _ DATE: ID ) �X)l BY: NAME: Maria M. Menendez TITLE: DATE: Witnesses: BY: (Si a ore) Type or Prik Name) Federal ID Number: 59-6000431 R- 1222 -07; R- 1127 -08; R- 914-09; R-1284-09; and R- Resolution 111-10 C_D_534669d_; CD53_5_C08'C I;- CD534C09CCI; and Index Code: CD536C10CI MIAMI-DADE COUNTY M NAME: 11, Carlos A. Gimenez TITLE: Mayor A' 5.1 TITLE: Approved as to leggl and sufficiency: Contractor's Fiscal Year Ending Date: _September 301h CORPORATE SEAL: AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES Page 3 of 3 11 Design Phase CDC;G 2,108 fuld�l that—le use felt n A'a,:2hn' !7�7.4L OR-111ECT wE, ACTION STEPS JANUARY 1, 2009 THRU DECEMBER 31. 2012 S4 c, South Mu: rag Pp.,k Aquatic CeWer S,minmo F1=0 - C CDBG 2CU. 200= & 20;0 51.207,374 nC Si F�2311.00 S A (, DATE I END DATE - PAYMENT' LEVEL cAULAT N.E; CUIAULATf,/E AC-.O'NST--° CA-7EGORY -ASK TASK, REObRED RESOURCE APPROVE-n 1 COMP ``.`ION I •.REMIC URSsIVIENTS II IDESIGN PHASE ,t 12,3 - LI-1-11 i 'CONTRACT DEVELOPMENT PHASE 12/31","T of ser,ices e: cn eos. bud;n. AMM'Irrent 0 of i7 11 4 cnt7a�i" mvn�, I lAgancy I fzO I I 'Agency of h. . 1ti F tra,. �c-Si^-e -.f P nca E��rt/ r;ni-c,,, kV Dade Cc t Fees b a;zi c Vuso! R ell 010-�ss .!120.`33 'I 5231 X015 I IEnVlronmen�l Sbeca05s. ;'I!— 11 P an,.er "ar", P" eI (!I s=2 7 zs,�Cel. F.-: v- stuz d ,d -N! er'�i' M-1 aca- Z Mazge, Project Ma"a", A,•zncy CID=.3 --11.1<-- to %Fa--Dade 51,11artacer, P1111 S �Pe:lmsor and PkI -.Mana;er H i.Receve ribu:e :D.7rac! Project il'.'anager -ROGESS REP09T (IST QuarlerProgms Reocr' due April iclhl Agency I it PRE-DEVELOPMENT PHASE I t, -Sw-_Mlt csrl�zcvmis) lt� oHCD ls�a B.! 01 1 Zr� 12011 + larv,.,ronmen Sae_ HL m-t xe i CCS� County S"i �, i`�� 1 2:0 "a 2.!sVZ,.O11 'a CIPIOCIeS'S Report due 10thl :SLB* ; . -P CC if 11�1'� �� CC �Ll �� 11 C-D JAgency if H -SUMT PROGE-1-1 "N-SI-11T (3RD Ou".trProwtss Report due October 10th) Li M?29.0o i '2'35.`2011 §41 Consutta'! t/; 11038 if -e,i— f'Z-F' -,2;r Zc.,zulia-.to,,cka,�- Ad t r CA--L s - 12J317201 i i o a Davis Sawn arc Secl.on Compflance Ulit La�111 Standards Coordinator r.'-piec!,Manage. 52 , •c u11 1ProjectManager fil; 1,'Sion or Department i,G,,e a2ency v,,ae'. --pmai 1'�- R�p �-,f AC 11 " S 112130 51 21 1120, Di rsctor 17, bl! Cs�to�-1 0' R FP for El;iirce rir�R C- IM11201 I If if ticc 12)31,-'2011 AOantV If c! CC !G1,e age-IV, —ce'. 2ppva `'ZLzcc,.:ract /i 12131,2011 - I Project Nlisnag-r `2 P�z,,.OR- ,ST.=[,1,and,4T11 Report due April 10th, 20(39 213 112009 4 Agency. �-, !Jury 10th, October 1 ". 2""� and 4TH Pr, n Quarter (1ST, and Progress Report due April I Oth, I i 12:3112.010 jt =D Jufy 10th October =7 an .1 , 2,, respectively) 11111,2010 4. PT (1ST, 2ND, 3RD and 4TH Quarter Progress, Report duo AP.-H 10th, -e- nd�, 0th, 2012 resvecti�lyl ACTION STEPS JANUARY 1, 2009 THRU DECEMBER 31, 2012 Attachment Ad fSe,hivaani _ !�,•iry. Murray Per<A "ua ?ic Csrter C inc!!ude S, +irnmigc Pcot) . Construc yen ?`.ase I i�c CL8G 2008, 70053i. ^,0 7 I, jJ "'HER F 12 , U oNG COEG 2002 funds chat :were useo `or the Design Phase 5`$5.537.017 ] 07 H.E I.!(" T"� � scpie SIARf UA ._ CPl I.. TE i [ S•i OF j OF " pAYMENT -LEV L Cumui—, lvE { "CUMULATIVE .� j� _ � � RCct iAGt i E 0. j . .AC ?'.ON t'E ?Cn `eGOR'' TASK }' TASK REQUIRED .�_rRt'SVED 7 ..O LS ?L_.t�ti`. REU.�9�R�E1i?ERT PRE -911) PHASE 7%720 i t ?io072D i 1 f`Z O i' 5;30120 - iAgerc. 5cani: Acs: ?qse ^ent'at GC 51:+0: 77 - ';[C1+ 20� . I IA erc (, Project er ! t O71 (Co-st'1:.: I_ D; an=...: i Dare escac and Sect cr. "+ req o. men,5 (' t ICe'nphancs Ln!tl _zbcr ( ; 30,2071 i Stan ; a -dsCoordira!or i Proiect Plana er %li ',R =ce'e - -_^.; R= ppf -,o-, - %20 -- - c ".- c.i IPro; -.CtS anacer ; I 1 I s'cnorOe.a':ment .j I {§ 0 \^a ^n,v-' 'z_..c. eat �Oit _tor 4:Gr: Aosncv ,c1.-20i' ti 0.20:4011 'il.Ce, ^Cv i IN II IS f=-ra a-i 7 11201-, :i fri3G20" 'Aoenov Ij i .' ;Ss i Pta ce order to GSA for Miami -Dade Corstruotien Sigr, "2.7 +. 1?.ru12011 ';AOCncvfPrc'<_C Nla:'.aner i; j4f :: 10r, 2 ^it 1,20' i Placement nt Muni -�� CoocntvC �i!ir. cr., t; SUBtd1T L OF $-I EC ED CC CON. RACT FOR PNCD APPROVAL r II '3 .0 j _ ;Agency it li n LU po C�2 1 - jAgenry j ;I Agency 'I -... f, ... .,c.. .._ ..<„ _ ... 3;3 2012 ! t Agency, e.,e r i` 0J 2 3.31; ?0'Z Agency a s 2 a _ e - -.ai ( 2_72 �' 3:34ii0'< t - Agency t .: "< ......, a n d .. r rn...1,e012 3 t -1 3.,Z 1/2012 lAgency ro isir n to h into po , in Co nstruc for Contr, cis. + 0 ( !31, - 2 ]Agency I �At, at, r.i a s c: :! tr'311L0i2 Agency !I t na t S r I / i„ii. 33,/4072 A. .cv I( e -ti�ca r .c," .I, r•ra ter. A:t o-ar.g'�r 1,':2012 i; &352012 Other R q IPd Cenifj,ati.nsl 112 72 {; _: ?vPJ'2 .= .perry Against Ij it 1�. 1 rtir: o F D7 a ;y .r n: /t. t? 3+3 +20;2 Ag en cy t..c r12� 2 312012 kcercv t 's C I I; / 014' !( 31;4012 ^ %'00'07 !4 �I ' Ap cy 1 .E.-ti i tf., 11•' � eM2 - -' .. ._._ c.' - .�c n,! ... .:- �..;c 5- - \O �JvJP..t ., \..J.'ie J'�rr( =CC� I+ _J. a .. - ,.,.. a :. , i as c .r. ..., ;- Era �:-4 =icy 1. l iai 4'r c -3 0'2 1:272 i 4'rcy i ' ..f .._.. e .... _ 3. :a .. ...'C :"._n-,,:... _..,; �'t^'C ::,ne•t Copo.•N�i:., lF :,. �.. _, � LDi'_ i i26t2 ' i ." Agency _.,G \' �1 SJSe vit c:orc SUb?Ct' Ra J•derr 3 ;3 ..., ., J _,.,,e ,cC� , (( .: D 2 I m'3',2012 1 agency UV2012 +O7iCi2, Agency 311 3,31,2072 of 8e 11, 2012 n agency ° n .m •z er ?sink, ,$ r. F F_guialicns Ff:le Vpn ��. + Ln12 31312012 Agency ncy c cnedea R ?g..la x012 3.21 010 ^ Ape ^,cy if er°FC ion Regarding Debarment, Supension..nn Dther P_spo- tbiiit,y {Clatters {Direct i, Re,.tpient) '::1:..412 3131,2012 1 ,agency t Page' of d ACTION STEEPS JANUARY 1, 2009 THRU DECEMSER 31, 2012 Attachment A-1 % ME City Y, ":,utri Miami i Ac', N`urraqPa-k Celt' e. r «e inVt.ds IS,qT-mi,q Pcol) - Censtrarion Phase i FCIN F111 ri G OUP CE: CE:BG 2008, 2100 S, 2C;',O OUN 7 51,207,374-CO 07HEP --CSG 2003 funds that —.rc ljs.d for the Des;g,. Phase 8155.537 00 7-qER clUNDING EC7 S-: 4000 pecp!o 5T;-r., L1,2JE ii ENDDATE OF CF PAYl,1ENT. VCL 1, CU.-V(Jr-A7,VE ,10N STE= C4,7=GOPY i j A. RECD RESOURCE APRovtm CONIPL:�-ON z= MBURM EN-s 'Agency cefl Q o yi i1 C12 -ccu!ec 3r31i2012 1 Agen-cy Apncy _x G- 1fit2012 f,2 0"2 !Age--cy 3131%2012 1 1112012. 3572012 ixl.ncy iS7-bmiT rccpv ;;d I I !MZ312 3;3i"2012 11 pi 1 012 IAgency I.A.gency Sub. J recd-me :n b,:,: 3;3 " Co 1 - I-Age,.cy cr W1,TD12 i -,71W12 1 Agen SQI,,7)t C. -�! SW... ' Cr• Jam' ,se, E7,d vf 2---tenie: St. ecue st 331:2012 Co,g % FF, Co-,3 r3c- '1'201.2 1 3:318012 ,Stanch rds C�or�inaio' ----TAgrCy GC CONTRACT APPROVALPHASE finfo-Imation needed to contract with CC) 7/11:2312 j 3121,2012 NC'ice C_rs s eCe •a G II .ft"I012 lzwc w 11,2D12 AgenS, a/3:31!X12 c- -e ru, cai:c, -a cc;p i 1112012 313112012 1 Agency LBLCI cent 's fc 10'12 3,13,2.12 i AgenCy I.M2012 Ii 111121512 2 Aganny VVM2 33 12012 Ni V". /20 12 -431"20"2 Agency 1 VVZU12 Agency 31 a52012 Agency it, 2 F. a Aco�m P,c e PC PId 11C 7�g �rCe /1U20,2 Wil2m, Agency 3/3112012 Apniy A,ies Agency S, eczlo, 2 a -e cFf zq.ica biel 1112012 I i 3312012 1 Agency ,eaio^ 3 _�!ejselifpolicai,!0 !," 012. ;f 313 1 120 /2 lApancv 3N L 2 Agency 1 2 n C ceck cd-0 s: 3131 12012 ect Manage, act DCDarm=.-,! 313;120 '2 Manager =tP,c,ai of 1,C con:rao ! 72 3131 r, a 12 agecV,, ijle zprrc,.', 71 33;.12012 Froin mannge, HL 11 Jii Page S. of 4 ;OTHER =U%:: ',G. CPBC- 2008 1u,1d. that —re —eo for the Design Phase TYPE JANUARY 1, 2002 THRU DECEMBER 31, 2012 Y1J <i Part, AqU,Zj-. Ce:!isl ItQ MCi muae S,Ii,� C PIN COBG 200-R. 21:10? & 201v S1.20737'4.00 51 t92,911.pG People Attach rrent A-1 �,G ION 5 EP CA 74SK ASY RAYMINT LEVEL U,_ RED RESOURCE PRCV= CuMULAr W—. CIMULATIVE PERCEN TAG 'VMN . &LETiON REm"sURSE, !Mj !CONSTRUCTION PHASE /1 2- 12 A�;e=y, pme-- Manager. mahager, C -nce um- 'Labc., r-c I III elk a ;-'E. 3131.2912 s u.^_rrm at 01 S edni Z F.12, i I PHS0 z;e,.e, n'd 4,p=ovz. s-c!tc'. oia, 'iV,012 3,3 1 �120 12 U,t�,t,Labcr iIli j lI 0" '.Neek!y PayrVIS (-Lab�r Vir,012 1111/22012 Cy Compfianoe Unit I �ator 8•3s Gocs° or It it lcompuan- !a-,.dards 00rdInato, -A1,MENT REQUEST(S) '1IIKQ 3r11rT0t2 h-1• IMMIT '-!, PRQCp S RE r��- j 1ST 0... Pmg,ess Report due April 10th. 20121 51,2012 1 R1,1462;- c, iji Can-.,-ZC!,2 1 �1 1-, REQUESTS( 2 S L�1, FP =AY !1 � 7 rZND Ciarlor P cress Report due JLI!X 10th) 4�1= 7. REPOR� ^12 70% of jSUBMIT PAYMENT REQUESTIS) 71 M12 1 fAael.Cy 'Stj'SNI;TPRCGHSS REP0=,7 (3RD Quarter Pro gress Report due Octoharloth) H 91,1012012 1 !A;er.cy 00% of wlnai7,c:* j • 1r2612 t21 t;2012 !COMPLETION OF CONSTRUCTION PHASE 21 1,2C 12 jSUBMIT PAYNIENT.E�IQVESTIS) Mth f-mal release effierts 121�112012 �'2 srcV f20,12 Age 1 12!31!2012 iA;e i P,c:ec-, =,vet 12i31!2012 !Age,,n�v �Cons-�cuon Mlar.ac&r Agency; C CLOSE OUT PHASE S1,207X4 ,:allr��!Cso ov! qa P-n faRO Quarter Prog.ress Report due October I Ith, 2DI 2) Revfuw rina; Annual.VosO Out Report and Project File 7 11,31, P-0 3 1 Pent 0Q1 copy., FAAUS ca!,3�1-e Wl - 3 r.0 z a- !Dls sneaaftt Unit Iv i"12013 Ou! Leite�x.-socv 313112013 c-'rmEa n unit Page 4 of 4 ;ak L, ATTACHMENT B -I(B) INDEMNIFICATION AND INSURANCE REQUIREMENTS Government entity shall indemnity 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 clainxs, 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 GovernlIlertt entity or its employees,. agents, servants, partners principals or subcontractors. Government entity shall pay all claims and losses in connection therewith and shall investigates and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall. pay all costs, judgments, and attorney's fees which may issue thereon. Government entity expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Government entity shall in no way limit the responsibility to indennrtify, keep and save harrirless and defend the County or its officers, employees, agents and instrumentalities as herein as herein provided. M IAA M�I•DADE 17:�:L�iY Carlos A. Gimenez, Mayor October 4, 2012 Mr. Hector Mirabile, Ph.D. City Manager City of South Miami 6130 Sunset Drive City Hall 1 s` Floor South Miami, Florida 33143 Public Housing and Community Development 701 NW 1st Court , 14th Floor Miami, Florida 33136 -3914 T 786- 469 -2100 F 786 -469 -2237 miamidade.gov Re: Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract Dear Mr. Mirabile: Due to a Scrivener's Error, the amendment number was inadvertently changed in the title of the amendment from Amendment One to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract to Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract. The current amendment title will remain Amendment Two to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract and the Scrivener's Error will be addressed in any future Amendments. Also, the future Amendment will be titled Amendment Three to the Combined FY 2008, 2009 & 2010 Community Development Block Grant Contract. If you have any questions, please contact me at 786- 469 -2220. Sincerely, "efifiaS.on PHCD Project Manager Enclosure c: Colleen Brown, Manager, Project Management Unit, PHCD Central File — City of South Miami. — CDBG FY 2008, 2009 & 2010 Murray Park Aquatic Center (to include Swimming Pool) RESOLUTION NO: 279 -10 -13313 A Resolution of the Mayor and City Commission of the City of South Miami approving the reallocation of the remaining balance of fiscal year 2008 grant agreement amendment with Miami -Dade County's Department of Housing and Community Development (DHCD) for the Murray Park Swimming Pool Design Phase in the Amount of $90,463.00 to the Construction Phase of the Murray Park Swimming Pool for a total Community Pool Construction Award in the amount of $407;361:09 $1,207,374.00; and setting forth that all CDBG grant funding for the Murray Park Swimming Pool will be combined with an extended expiration date of December 31, 2011; and providing for an effective date. WHEREAS, the City of South Miami was awarded a grant for Murray Park Pool Design in the amount of $276,000.00 from Miami -Dade County's Department of Housing and Community Development with a contract expiration date of December 31, 2009; and $185,537.00 was expended. WHEREAS, the Mayor and City Commission is desirous of approving the reallocation of the remaining balance ($90,463.00) of the grant agreement amendment with Miami -Dade County Department of Housing and Community Development for the Murray Park Pool Design Phase to the Construction Phase. WHEREAS, the City of South Miami was awarded multiple grants for Murray Park Pool from Miami -Dade County's Department of Housing and Community Development to be combined into one contract. WHEREAS, the City of South Miami was approved for a 12 -month contract extension in the form of a grant agreement amendment by Miami -Dade County's Department of Housing and Community Development for the Murray Park Pool Construction Phase through a grant agreement amendment; and WHEREAS, the Mayor and City Commission wish to accept the grant agreement amendment with Miami -Dade County's Department of Housing and Community Development; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Mayor and City Commission approve the reallocation of the remaining balance of the grant agreement amendment with Miami -Dade County's Department of Housing and Community Development for Murray Park Pool Design Phase in the amount of, $90,463.00 to the Murray Park Pool Construction Phase. Section 2: The Mayor and City Commission approve the combination of all previous funding (2008 -2010) for the Murray Park Pool from Miami -Dade County's Department of Housing and Community Development, including the above $90,463.00 reallocations from the Murray Park Pool Design Phase to Construction Phase, in the Pg. 2 of Res. No. 279 -10 -13313 $1,207,374.00 total amount of $ *, -287,361-. e, into one contract with an extended expiration date of December 31, 2011. Section 3. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 13, day of Dec. , 2010 ATTEST: APPROVED: CITY CLERK v MAYOR READ A APPROVED AS TO FORM AND SLY FI CIENCY: ATTORNEY Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea ' Resolution Number # R- 1222 -07• R- 1127 -08• R- 914 -09• R- 1284 -09• and R- 111 -10 Duns Number #024628976 Awarded Amount $1,207,374 Combined FY 2008, 2009 & 2010 CDBG 2010 COMMUNITY DEVELOPMENT BLOCK GRANT Municipalitiy CONTRACT BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMi This Agreement (hereinafter referred to as "Agreement" or "Contract'), by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the City of South Miami, hereinafter referred to as "Awardee" and having offices at 6130 Sunset Drive, South Miami, Florida 33143, and telephone number of (305) 663 -6345. states conditions and covenants for the rendering of Community, Economic or Housing activities hereinafter referred to as "Activity or Activities" for the County through its Department of Housing and Community Development hereinafter referred to as "DHCD," and having its principal offices at 701 N.W. 1 Court, 10 Floor, Miami, Florida 33136, collectively referred to as the "Parties." This Agreement governs FY 2008, FY 2009 and FY 2010 Community Development Block Grant ( "CDBG ") funds and supersedes any and all prior FY 2009 and FY 2010 CDBG contracts and amendments between the Parties. WHEREAS, the Home Rule Charter authorizes Miami -Dade County to provide for the uniform health and welfare of the residents throughout the County and further provides that all functions not otherwise specifically assigned to others under the Charter shall be performed under the supervision of the Miami -Dade County Mayor, and WHEREAS, the Community Development Block Grant (CDBG) Program was authorized by the Housing and Community Development Act of 1974, as amended, with the primary objective of promoting the development of viable urban communities. WHEREAS, the Awardee provides it will develop activities of.value to the County and has demonstrated an ability to provide these activities; and WHEREAS, the County is desirous of obtaining such activities of the Awardee, and the Awardee is desirous of providing such activities; and WHEREAS, the County has appropriated $1,207,374 of CDBG funds to the Activity Murrav Park Aquatic Center (to include Swimming Pool) — Construction Phase I located at 5800 SW 661n Street, South Miami Florida 33143. All CDBG funds, except those awarded to County Departments and Municipalities, will be awarded in the form of a loan that is forgivable if the national objective Is met pursuant to the terms and conditions set forth herein, including but not limited to Section W(2)(a)(1) -(2). WHEREAS, the Awardee shall carry out the activities specified in Attachment A, "Scope of Services ", in Miami -Dade County or the focus area(s) of the county. NOW, therefore, in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: L 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. r Low- and Moderate - Income A person or family whose annual income does not exceed 80% Individual or Family of the median income for the area, as determined by HUD with adjustments for smaller and larger families and with certain -exceptions as provided in 24 CFR Part 570. Very Low income individual or A person or family whose annual income does not exceed 50% Family of the median income for the area, as determined by HUD with adjustments for smaller and larger €amities 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 daub 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 CDI3G 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. Ii. 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), 709 N.W. 1 Court, 14`h floor, Miami, Florida 33936, relevant certificate(s) of Insurance evidencing insurance coverage as detailed in the Scope of Service (Attachment A). The effective coverage start date of applicable insurances shall not be later than the date of the Agreement execution and shall be approved by Miami -Dade County's GSA Risk Management Division prior to any reimbursement being processed. All certificates and insurance updates must identify the names of the Awardee and the Activity being funded through this Agreement. The Awardee shall provide Builder's Risk Insurance and/or Flood Insurance (if applicable) upon the issuance of the Notice to Proceed with an effective date for coverage commencing on the Notice to Proceed date. Any changes to the required insurance policies, including coverage renewals, must be submitted to DHCD through a formal notice immediately upon occurrence throughout the Agreement period. If the Awardee fails to submit the required insurance documents in the manner prescribed in these requirements within sixty (60) calendar days after the Board of County Commissioners' approval, the Awardee shall be in default of the terms and conditions of the Agreement. C. Certificate of Continuity The Awardee shall be responsible for ensuring that the insurance certificates required in conjunction with this subsection remain In force for the duration of the Agreement period, including any and all option years, if applicable. In the case of construction and major rehabilitation activities, the Awardee must have the coverage cited in Attachment B -1 of this Agreement at the time that it begins construction on the project. If the insurance certificates are scheduled to expire during the Agreement period, the Awardee shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days before such expiration. In the event that expiration certificates are not replaced with new or renewed certificates that cover the Agreement period, the County shall suspend the Agreement until the new or renewed certificates are received by the County in the manner prescribed in the requirements; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate the Agreement. Prior to execution of the Agreement by the County and commencement of the contracted services, the Awardee shall obtain all insurance required under this Section and submit same to the County for approval. All insurance shall be maintained throughout the term of the Agreement. D. Indemnification The County shall not assume any liability for the acts, omissions to act or negligence of the Awardee, its agents, servants or employees; nor shall the Awardee exclude liability for its own acts, omissions to act, or negligence arising out of the Awardee's performance pursuant to this Agreement. The Awardee shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the Awardee or its employees, agents, servants, partners principals or subcontractors. The Awardee shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Awardee expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Awardee shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Nothing herein is intended to serve as a waiver of sovereign immunity by the County nor shall anything herein be construed as consent by the County to be sued by third parties in any matter arising out of this Agreement. The provisions of this section survive the termination or expiration of this Agreement. E. National Objective In accordance with 24 CFR Section 670.208 of the federal regulations, the Awardee shall be required to achieve the national objective of Benefit to tow 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 ANDIOR 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 and January 8, 2011. b. Quarterly Reporting when Subcontractors are Utilized Awardees are advised that when Subcontractors or Subconsultants are utilized to fulfill the terms and conditions of this Agreement, Miami -Dade County Resolution No. 1634 -93 will apply to this Agreement. This resolution requires the selected Awardees to file quarterly reports as to the amount of Agreement monies received from the County and the amounts thereof that have been paid by the Awardee directly to Black, Hispanic and Women -Owned businesses performing part of the contract work. Additionally, the listed businesses are required to sign the reports, verifying their participation in the contract work and their receipt of such monies. For purposes of applicability, the requirements of this resolution shall be in addition to any other reporting requirements required by law, ordinance or administrative order. The Awardee shall submit to DHCD a cumulative account of its activities under this agreement by completing the following portions of the Progress Report Form: Section I - Status of Contracted Activities: The Awardee must report specific information regarding the status of the contracted activities, including accomplishments and /or delays encountered during the implementation of the project and an unduplicated count of clients served during the reporting period (if applicable) for each federally defined ethnic category. Awardees engaged in construction and /or housing rehabilitation projects shall report on the progress of their activities including the number of housing units completed and occupied by low- moderate and low income residents. The Awardee shall also report demographic information on each head of household. Each goal and corresponding objective(s), as indicated in the approved Scope of Services, must be addressed as part of this report. Section II - f=iscal 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 Activitv Report: Contract and Subcontract Activity Report (First and Third Quarter Progress Report) - The Awardee shall report to DHCD the number of business activities involving minority vendors, Including subcontractors performing work under this Agreement. The "Contract and Subcontract Activity Report" Section in Attachment C, and when applicable Section 3 in the same Attachment shall be completed semiannually by the Awardee and submitted to DHCD no later than April 10, 2010 and October 9, 2010. Section IV - Neighborhood Employment Opportunities. Neighborhood Employment Qpportunities Report (First and Third Quarter Progress Report) - The Awardee shall report to DHCD the number of target and service area residents who have received employment opportunities from federally financed and assisted projects and activities. The Neighborhood Employment Opportunities Report shall be submitted using the Progress Report Form attached hereto as a Section in Attachment C, as it may be revised. This section of the form shall be completed semiannually by the Awardee and submitted to DHCD no later than April 10, 2010 and October 9, 2010. The Awardee shall submit to the County, In a timely manner, any other information deemed necessary by the County, and its presentation shall comply with the format specified at the time of the request. Failure to submit the Progress Reports or other information in a manner satisfactory to the County by the due date shall render the Awardee in noncompliance with this Article. The County may require the Awardee to forfeit its claim to payment requests or the County may invoke the termination provision in this Agreement by giving five days written notice of such action to be taken. Unspecified Site(s) Objective - If the Awardee has not yet identified a location to carry out any of the activities described in Attachment A, the Awardee shall submit, in triplicate, Progress Reports, using the form attached hereto as part of Attachment C, on a monthly basis until such time as the Awardee complies with the provisions contained within Section 11, Paragraph FA. of this Agreement. Copies of the above described Progress Report shall be received by DHCD no later than the tenth (10th) business day of each month and shall address the progress undertaken by the Awardee during the previous month. This Progress Report shall not be required if the Awardee is submitting the Progress Reports required by Section 11, Paragraph F.2.a and Paragraph F.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. Environmental Review - The Awardee immediately upon locating or determining a site for each of the "Unspecified Sits" activities to be carried out pursuant to this Agreement, shall submit information detailing the location of each site for which a Site Environmental Conditions Statement will be prepared. The Environmental Review is to be prepared on information contained in Attachment D, "Information for Environmental Review Form." Notwithstanding any provision of this Agreement, the parties hereto agree and release of funds from the U.S. Department of Housing and Urban Development 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 aft applicable provisions of 24 CFR Part 84.26, Part 85.26 and OMB A -133. 6. Personnel Policies and Administrative Procedures - The Awardee shall submit detailed documents describing the Awardee's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. Such information shall be submitted to DHCD within 30 days of the execution of this Agreement. 7. Inventory Report - The Awardee shall report annually all nonexpendable personal and real property purchased with CDBG Rands from this and previous agreements with the County as specified in Section 11, Paragraph W of this Agreement. 8. Affirmative Action Plan - The Awardee shall report to DHCD information relative to the equality of employment opportunities whenever so requested by DHCD. 9. Disclosure of Related or Affiliated Parties At the time of contract execution, or at any other time at the request of the County, Awardee shall disclose to the County all Related or Affiliated Parties. Related or Affiliated Parties shall mean persons, corporations, partnerships, or other business entities (a) which have a direct or indirect ownership interest in Awardee, (b) which have a parent or principal thereof which has a direct or indirect ownership interest in Awardee, (c) whose members appointed by Awardee, or (d) which the County deems In its sole discretion to be a Related or Affiliated Party of Awardee. The Awardee shall report this information to the County upon forming the relationship or, if already formed, shall report it immediately. Any supplemental information shall be reported quarterly in the required Progress Report. This provision shall be construed broadly to the benefit of the County. Non - compliance with these requirements will be considered a default, which may result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through DHCD for a period of three years. 10. Reporting on Financial Status, Bankruptcy, Real Property, or Personal Property Awardee shall notify the County in writing within ten (10) days of the occurrence of any of the following as to Awardee or any Related or Affiliated Parties: a. Any anticipated or pending lis pendens, foreclosure action, arrearage, default, late payment regarding any property of Awardee or Related or Affiliated Parties, including properties not related to this Agreement. Awardee shall also provide the County with a copy of all court filings, notices of default, arrearage or late payment, or any other documents relevant to the disclosures required herein. b. Any legal encumbrance on the Property not permitted in writing by the County. c. Any default or arrearage on any loan, Note or other debt or obligation for which the Property is security. d. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. e. Any action, activity, facts, or circumstances that would materially impair performance by Awardee of all the terms and conditions of this Agreement. Failure to comply with these reporting requirements shall constitute a default and shall entitle the County to seek any and all remedies available at law, equity and pursuant to this Agreement. G. Lobbying Prohibition The Awardee shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. 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 GA. 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, Cie of Miami -Dade Coin ("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 DHCD. 5. Americans with Disabilities Act (ADA) of 1990 - The Awardee shall attest to; and submit the required Disability Non- discrimination Affidavit assuring compliance with all applicable requirements of the laws listed below including but not limited to, those provisions pertaining to employment, provisions and program services, transportation, communications, access to facilities, renovations, and new construction. 6. Affirmative Action /Non - Discrimination of Employment. Promotion, and Procurement Practices !Ordinance #98 -301 - All firms with annual gross revenues in .excess of $5 million, seeking to contract with Miami -Dade County shall, as a condition of award, have a written Affirmative Action Plan and Procurement Policy on file with the County's Department of Business Development. Said firms must also submit, as a part of their 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 requirements of Section 2- 8.1(1) 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 addiiionai information, please contact the Ethics Commission hotline at (305) 579 -9093. 9. Public Entity Crimes - Pursuant to Paragraph 2(a) of Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal for a contract to provide any goods or services to a public entity; may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals on leases of real property to a public entity; may not be awarded or perform work as a Awardee, supplier, subcontractor, or consultant under a contract with any public entity; and, may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category TWO ($10,000) for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. The Awardee warrants and represents that it has not been placed on the convicted vendor list The Awardee agrees that should Miami -Dade County discover that the Awardee's representations regarding the list are false, this Agreement shall be terminated on the discretion of Miami - Dade County. Further, should the Awardee be placed on the list at any time during this Agreement Miami -Dade County shall have the right to terminate this agreement 10. Criminal Conviction - Pursuant to Miami -Dade County Ordinance No. 94 -34, "Any individual who has been convicted of a felony during the past ten years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten years shall disclose this information prior to entering into a contract with or receiving funding from the County." Failure of the Awardee to disclose this information as required may lead to the termination of this agreement by Miami -Dade County. If Awardee, or any owner, subsidiary, or other firm affiliated with or related to the Awardee, is found by the responsible enforcement agency, the Courts or the County to be in violation of the Acts, the County will conduct no further business with Awardee. Any contract entered into based upon a false affidavit, as listed below, and submitted pursuant to this resolution shall be voidable by the County: 1. Miami -Dade County Ownership Disclosure Affidavit 2. Miami -Dade Employment Family Leave Affidavit 3. Miami -Dade Employment Drug -Free Workplace Affidavit 4. Miami -Dade Employment Disclosure Affidavit 5. Disability Nondiscrimination Affidavit 6. Criminal Record Affidavit 7. Public Entity Crime Affidavit 8. Related -Party Disclosure Information 9. Miami -Dade County Affidavit Regarding Delinquent and Currently Due Fees or Taxes 10. Affirmative Action Affidavits 11. Current on all County Contracts, Loans, and Other Obligations Affidavit 12. Project Fresh Start Affidavit 13. Domestic Violence Leave Affidavit 14. Code of Business Ethics Affidavit 15. Financial and Conflicts of Interest Affidavit 16. Collusion Affidavit If any attesting firm violates any of the Acts below during the term of any contract such firm has with the County, such contract shalt be voidable by the County, even if the attesting fine was not in violation at the time it submitted its affidavit. The applicable Acts are as follows: 1. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101 -336, 104 Stat 327,42 U.S.C. 12101 -12213 and 47 U.S.G. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Title ill, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. 2. The Rehabilitation Act of 1973, 29 U.S.G. Section 794; 3. The Federal Transit Act, as amended 49 U.S.C. Section 1612; 4. The Fair Housing Act as amended, 42 U.S.C. Section 3601 -3631. In addition to the requirements in the Agreement, the Awardee /Department agrees to comply with all the provisions of 24 CFR 570.502, 24 CFR 570.503, and 24 CFR Part 570, Subpart K, including the following: Public Law 88 -352 and Public Law 90 -284; affirmatively furthering fair housing; Executive Order 11063. Section 109 of the Housing and Community Development Act. Labor standards. Environmental standards. National Flood Insurance Program. Uniformed Relocation Act. Employment and contracting opportunities. Lead -based paint regulations. Eligibility of contractors or sub recipients. Uniform administrative requirements and cost principles. Conflict of interest. Executive Order 12372. Eligibility of certain resident aliens. Architectural Barriers Act and the Americans with Disabilities Act. 11. National Objective Awardee must achieve the following national objective; To benefit low -and moderate- income persons; t0 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 Q). 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, rehabilitaion, demolition or conversion for a CDBG assisted project. The Awardee also agrees to comply with applicable County ordinances, resolutions and policies concerning the displacement of persons from their residences. 4. For each activity or portion of activity described in Attachment A hereto for which a location has not yet been identified, the Awardee shall obtain, immediately after a site is identified by the Awardee, DHCD's written environmental clearance statement and shall agree in writing to comply with any and all requirements as may be set forth in the Site Environmental Clearance Statement. 5. The Awardee shall cooperate with DHCD in informing the appropriate CDBG Citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, DHCD, or the County. 6. The Awardee shall make a good faith effort to address the concerns of the residents of the affected area. The Awardee shall cooperate with DHCD in informing the appropriate CDBG citizen participation structures, including the appropriate area committees, of the activities of the Awardee in adhering to the provisions of this Agreement. Representatives of the Awardee shall attend meetings of the appropriate committees and citizen participation structures, upon the request of the citizen participation officers, DHCD, or the County. 7. For activities involving acquisition, rehabilitation and /or demolition of property and which require the relocation of families, individuals, businesses and /or industries, the Awardee shall submit a written notification to the Community Outreach and Real Estate Section of DHCD prior to relocating, evacuating, and /or dispersing any and all legal occupants who reside at this property on the basis of a long or short term lease. When the legality of an occupant (individual, family, business, and /or industry) is in question, the Awardee shall contact the above mentioned unit prior to making a determination. Awardees receiving CDBG funds shall adhere to 24 CFR part 50 and /or part 58 and to the rules and regulations of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended.The Awardee shall adopt Affirmative Marketing Procedures and requirements for CDBG assisted projects. These procedures must consist of actions to provide information and attract eligible persons from all racial, ethnic and gender groups to the available services. The Awardee shall annually assess its affirmative marketing program to determine if the procedures 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 t. 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 shalt not be considered in the counting of a quorum and shall have no voting privileges. K. Construction If the Awardee engages in, procures, or makes loans for construction work, the Awardee shall: 1. Contact the DHCD representative noted in Section IV, Paragraph M of this Agreement, prior to taking any action, to schedule a meeting to receive compliance information. 2. Comply with the Awardee's procurement and pre -award requirements and procedures which, at a minimum, shall adhere to all applicable federal standards. 3. Comply with the Davis -Bacon Act; Copeland Anti -Kick Back Act; Contract Work Hours and Safety Standards Act; and Lead -Based Paint Poisoning Prevention Act as amended on September 15, 1999; and other related acts, as applicable. 4. Submit to DHCD for written approval all proposed Solicitation Notices, invitations for Bids, and Requests for Proposals prior to publication. 5. Submit to DHCD all construction plans and specifications and receive DHCD's approval prior to implementation. 6. Contact the DHCD representative noted in Section IV, Paragraph M, prior to scheduling a pre - construction conference. In accordance with industry standards, DHCD will hold ten percent (10 %) of the total grant award as a retainer until the construction work is determined by DHCD, in its sole discretion, to be seventy-five percent (75 %) 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 shalt 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 of 5% of the Agreement's award to cover the cost of the technical assistance. The Awardee shall cooperate and comply with all requests made by the PSTA. 12 8. Execute and record, at the County's request, any of the following documents in order to ensure the Property is used as defined and described in Attachment A of this Agreement: a. Promissory Note b. Mortgage C. Loan Agreement d. Restrictive Covenant e. Rental Regulatory Agreement f. Collateral Assignment of leases, rents and Contract Rights g. UCC -1 Rider h. Title Insurance Policy Audits and Records Nonprofit organizations that expend $500,000 or more annually in federal awards shall have a single or program specific audit conducted in accordance with OMB A -133. Nonprofit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specific audit performed, in accordance with OMB A -133. Awardees who will be receiving, or who have received, federal awards for loans or loan guaranteed programs may be required to conduct audits of those programs in accordance with regulations of the federal agencies providing those guarantees or loans. 2. Nonprofit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). Such agencies that receive less than $500,000 in combined Federal awards must submit to the County annual compilation reports that describe their performance. To achieve uniformity regarding the reporting format, such documents must comply with the accounting industry standards by communicating an independent accountant's (1) expression of limited assurance on FINANCIAL STATEMENTS as a result of performing inquiry and analytic procedures (Review Report); (2) results of procedures performed (Agreed -Upon Procedures Report); (3) non- expression of opinion or any form of assurance on a presentation in the form of financial statements information that is the representation of management (Compilation Report); or (4) an opinion on an assertion made by management in accordance with the Statements on Standards for Attestation Engagements (Attestation Report). 3. When the requirements of OMB A -133 apply, an audit shall be conducted for each fiscal year for which federal awards attributable to this Agreement have been received by the Awardee. Each audit shall include a fiscal review, which includes a validation of all program generated income and its disposition, especially attributable to CDBG funds, an internal control review, and a compliance review as described in OMB A -133. A copy of the audit report in triplicate must be received by DHCD no later than six months following the end of the Awardee's fiscal year. 4. If an audit is required by Paragraph L of this Agreement, but the requirements of OMB A- 133 do not apply the Awardee may choose to have an audit performed either on the basis of the Awardee's fiscal year or on the basis of the period during which DHCD- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve (12) months and an audit shall be submitted covering each assisted period until all the assistance received from this Agreement has been reported on. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this Agreement. A copy of the audit report in triplicate must be received by DHCD no later than six months following each audit period. 5. The Awardee shall maintain all Contract Records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The Awardee shall maintain all Contract Records that document all actions undertaken to accomplish the "Scope of Services" outlined in Attachment A in this Agreement. 13 7. The Awardee shall ensure that the Contract Records shall be at all times subject to and available for full access and review, inspection, or audit by County and federal personnel and any other personnel duty 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 shalt, in its sole discretion, determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above. 9. The County reserves the right to require the Awardee to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Awardee's expense. The Awardee shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Awardee shall retain all records pertaining to this Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Awardee agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 10. The Awardee shall ensure that its auditors share their audit results with must submit the audit report to DHCD within six months after the conclusion of the audit period. 11. Pursuant to County Ordinance No. 03 -2, the Awardee will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. The Awardee agrees to maintain an accounting system that provides accounting records that are supported with adequate documentation, and adequate procedures for determining the allow ability and allocability of costs. M. Protected Records and Documents Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "Individually Identifiable Health Information (IIHI) and /or Protected Health Information (PHI) shaft comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic transfer standards including but not limited to: 1. Use of information only for performing services required by the Agreement or as required by law; 2. Use of appropriate safeguards to prevent non - permitted disclosures; 3. Reporting to Miami -Dade County of any non- permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Contractor and reasonable assurances that IIHI /PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHi available to the customer for review and amendment, and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami - Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and /or electronic transfer of data). The Contractor must give its customers written notice 14 of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. N. Retention of Records 1. The Awardee shall retain all Contract Records for a 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 It, 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 shalt obtain written approval of DHCD prior to disposing of any Agreement records within one year after expiration of the Retention Period, O. Provision of Records and Proprietary Rights and Information 1. The Awardee shall provide to DHCD, upon request, all Agreement records. These records shall become the property of DHCD without restriction, reservation, or limitation of their use. DHCD shall have unlimited rights to all books, articles, or other copyrightable materials developed for the purpose of this Agreement. These unlimited rights shall include the rights to royalty -fees; nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the information for public purposes. 2. If the Awardee receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the Awardee shall provide a copy of each report and any follow -up communications and reports to DHCD immediately upon such issuance unless such disclosure is a violation of the rules or policies of the regulatory agencies issuing the reports. 3. Proprietary Information As a political subdivision of the State of Florida, Miami -Dade County is subject to the stipulations of Florida's Public Records Law. IL 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. Proprietary Rights a) The Awardee hereby acknowledges and agrees that the County retains all rights, title and interests in and to all materials, data, documentation and copies thereof furnished by the County to the Awardee hereunder or furnished by the Awardee to the County and /or created by the Awardee for delivery to the County, even if unfinished or in process, as a result of the Services the Awardee performs in connection with this Agreement, including all copyright and other proprietary rights therein, which the Awardee as well as its employees, agents, subcontractors and suppliers may use only in connection of the performance of Services under this Agreement. The Awardee shall not, without the prior written consent of the County, use such documentation on any other project in which the Awardee or its employees, agents, subcontractors or suppliers are or may become engaged. Submission or distribution by the Awardee to meet official regulatory requirements or for other purposes in connection with the performance of Services under this Agreement shall not be construed as publication in derogation of the County's copyrights or other proprietary rights. b) All rights, title and interest in and to certain inventions, ideas, designs and methods, specifications and other documentation related thereto developed by the Awardee and its subcontractors specifically for the County, hereinafter referred to as "Developed Works" shall become the property of the County. c) Accordingly, neither the Awardee nor its employees, agents, subcontractors or suppliers shall have any proprietary interest in such Developed Works. The Developed Works may not be utilized, reproduced or distributed by or on behalf of the Awardee, or any employee, agent, subcontractor or supplier thereof, without the prior written consent of the County, except as required for the Awardee's performance hereunder. d) Except as otherwise provided in subsections a, b, and c above, or elsewhere herein, the Awardee and its subcontractors and suppliers hereunder shall retain all proprietary rights in and to all Licensed Software provided hereunder, that have not been customized to satisfy the performance criteria set forth in the Scope of Services. Notwithstanding the foregoing, the Awardee hereby grants, and shall require that its subcontractors and suppliers grant, if the County so desires, a perpetual, irrevocable and unrestricted right and license to use, duplicate, disclose and /or permit any other person(s) or entity(ies) to use all such Licensed Software and the associated specifications, technical data and other Documentation for the operations of the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by 16 or become affiliated with the County. Such license specifically includes, but is not limited to, the right of the County to use and /or disclose, in whole or in part, the technical documentation and Licensed Software, including source code provided hereunder, to any person or entity outside the County for such person's or entity's use in furnishing any and /or all of the Deliverables provided hereunder exclusively for the County or entities controlling, controlled by, under common control with, or affiliated with the County, or organizations which may hereafter be formed by or become affiliated with the County. No such License Software, specifications, data, documentation or related information shall be deemed to have been given in confidence and any statement or legend to the contrary shall be void and of no effect Audits and Inspectors General Nothing in this Agreement shall impair any independent right of the County to conduct audit or investigate activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Awardee or third parties.The provisions in this section shall apply to the Awardee, its officers, agents, employees, subcontractors, suppliers and Related or Affiliated Parties, The Awardee shall incorporate the provisions in this section in all subcontracts and all other Agreements executed by the Awardee in connection with the performance of the Agreement. Miami -Dade County Inspectors General Review According to Section 2 -1076 of the Code of Miami -Dade County, as amended, Miami -Dade County has established the Office of the Inspector General which may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts, except as otherwise provided below. The cost of the audit of any Contract shall be one quarter (1/4) of one (1) percent of the total contract amount which cost shall be included in the total proposed amount. The audit cost will be deducted by the County from progress payments to the selected Awardee. The audit cost shall also be included in all change orders and all contract renewals and extensions. Exception: The above application of one quarter (1/4) of one percent fee assessment shall not apply to the following contracts: (a) IPSIG contracts; (b) contracts for legal services; (c) contracts for financial advisory services; (d) auditing contracts; (e) facility rentals and lease agreements; (f) concessions and other rental agreements; (g) insurance contracts; (h) revenue - generating contracts; (I) contracts where an IPSIG is assigned at the time the contract is approved by the Commission; (j) professional service agreements under $1,000; (k) management agreements; (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, all requested records and documentation pertaining to this Agreement for inspection and reproduction. The County shall be responsible for the payment of these IPSIG services, and under no circumstance shall the Awardee's prices and any changes thereto approved. by the County, be inclusive of any charges relating to these IPSIG services. The terms of this provision herein, apply to the Awardee, its officers, agents, employees, subcontractors and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Awardee in connection with this Agreement. The terms of this Article shall not impose any liability on the County by the Awardee or any third party. Commission Auditor Access to Record 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. Q. Prior Approval The Awardee shall obtain written approval from DHCD prior to undertaking any of the following: 1. The engagement or execution of any subcontract(s) or Agreement assignments, wherein CDBG funds will be used to pay fo, goods or services. The Awardee must submit aii proposed agreement documents to DHCD at least thirty (30) days prior to the start date of the agreement. DHCD shall have no obligation to approve payment of any expenditure (resulting from an agreement or subcontract) which was incurred prior to the approval by DHCD of such agreement or subcontract. 2. The addition of any positions not specifically listed in the approved budget. 3. The modification or addition of all job descriptions for existing staff. 4. The purchase of all nonexpendable personal property not specifically listed in the approved budget. 5. The disposition of all real, expendable personal, and nonexpendable personal property as defined in Section 1i, 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. 9. The disposal of all Agreement records as provided for in Section II, Paragraph N of this Agreement. 10. in the event the Awardee wishes to substitute personnel for the key personnel identified by the Awardee's Proposal, the Awardee must notify the County in writing and request written approval for the substitution at least ten (10) business days prior to effecting such substitution. R. Monitoring The Awardee shall permit DHCD and other persons duly authorized by DHCD to inspect all Agreement records, facilities, equipment, materials, and services of the Awardee which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Awardee. Following such inspection or interviews, DHCD will deliver to the Awardee a report of its findings, and the Awardee 18 will rectify 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 ail business associations with the following documents: ➢ Original Agreement or its subsequent amendments. ➢ Requests for budget revisions. ➢ Requests for approval of subcontracts. Non - compliance with the above requirements will be considered a breach of Agreement, which will result in the immediate termination of the agreement, the recovery of the entire funding award, and the disqualification of funding through DHCD for a period of three years. a) Awardee certifies and represents that there are no undisclosed persons or entities interested with the Awardee in this Agreement, This Agreement is entered into by the Awardee without any connection with any other entity or person making a proposal for the same purpose, and without collusion, fraud or conflict of interest. No elected or appointed officer or official, director, employee, agent or other consultant of the County, or of the State of Florida (including elected and appointed members of the legislative and executive branches of government), or a member of the immediate family or household of any of the aforesaid; i) 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 W, affiliate of the Awardee shall have an interest which is in conflict with the Awardee's faithful performance of its obligation under this Agreement; provided that the County, in its sole discretion, may consent in writing to such a relationship, provided the Awardee provides the County with a written notice, in advance, which identifies all the individuals and entities involved and sets forth in detail the nature of the relationship and why it is in the County's best interest to consent to such relationship. c) The provisions of this Article are supplemental to, not in lieu of, all applicable laws with respect to conflict of interest. In the event there is a difference between the standards applicable under this Agreement and those provided by statute, the stricter standard shall apply. d) In the event Awardee has no prior knowledge of a conflict of interest as set forth above and acquires information which may indicate that there may be an actual or apparent violation of any of the above, Awardee shall promptly bring such information to the attention of the County's Project Manager. Awardee shall thereafter cooperate with the County's review and investigation of such information, and comply with the instructions Awardee receives from the Project Manager in regard to remedying the situation. T. intentionally Left Blank 20 U. Publicity, Advertisements and Signage The Parties agree that the Awardee is funded by the County for CDBG Activities. Further, the Awardee agrees that all events funded by this Agreement shall recognize the County and the United States Department of Housing and Urban Development (US HUD), as funding sources and that the Awardee shall ensure that all publicity, public relations, advertisements and signs recognize the County and US HUD for the support of all contracted activities. This is to include, but is not limited to, all posted signs, pamphlets, wall plaques, cornerstones, dedications, notices, flyers, brochures, news releases, media packages, promotions, and stationery. The use of the official County logo is permissible. The Awardee shall ensure that all media representatives, when inquiring about the activities funded by this Agreement, are informed that the County and US HUD are the funding sources. The Awardee shall notify the County of all events and activities involving the Project ten (10) days prior to the activity or event. When the Awardee obtain(s) the building permit(s), the CEDD Project Manager at the Department, must be notified in order to request the project sign from Miami -Dade County General Services Administration (GSA). Within thirty (30) days of the erection of the sign, the CEDD Project Manager will submit an invoice to the Awardee for payment of the project sign cost. The Awardee is responsible for all costs for replacing any amended, lost, defaced or missing sign. The sign shall remain on the premises at least ninety (90) days after the issuance of the Certificate of Occupancy (CO) or Certificate of Completion (CC). NO WORK SHALL COMMENCE UNTIL THE PROJECT SIGNS ARE SECURED IN PLACE. THE SIGNS SHALL BE IN ACCORDANCE WITH THE DETAIL SHOWN IN ATTACHMENT F. Payment for furnishing, installing and maintaining the sign shall be under the bid amount for mobilization. 1. 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 goats, 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. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low- income persons, particularly persons who are recipients of HUD assistance for housing. 2. The parties to this Agreement agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. The Awardee agrees to send to each labor organization or representative of workers with which the Awardee has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Awardee's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and 21 location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. 4. The Awardee agrees to include this Section 3 clause In every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Awardee will not subcontract with any subcontractor where the Awardee has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. 5. The Awardee will certify that any vacant employment positions, including training positions, that are filled (1) after the Awardee is selected but before the Agreement is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Awardee's obligations under 24 CFR part 135. 6. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future HUD assisted contracts. 7. With respect to work performed in connection with Section 3 covered Indian housing assistance, section 7(b) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this Agreement. Section 7(b) requires that to the greatest extent feasible (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 -awned 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 fait to provide a statement of the Subcontractors Policies and Procedures. The County reserves the right to either approve or withdraw its consent to a subcontract if it appears to the County, in its discretion and authority, that the subcontract will delay, prevent, or otherwise impair the performance of the Awardee's obligations under this Agreement. W. Property Definitions Property. As defined on page 2 herein. 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 tong 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 properly requirements as stated below: a. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be listed in the property records of the Awardee and shall include a description of the property; location; model number; manufacturer's serial number; date of acquisition; funding source; unit cost at the time of acquisition; present market value; property inventory number; information on its condition; and information on transfer, replacement, or disposition of the property. All nonexpendable personal property purchased or improved in whole or in part with funds from this and previous Agreements with DHCD shall be inventoried annually by the Awardee and an inventory report shall be submitted to DHCD. The inventory report shall include the elements listed in Paragraph W.3.a., above. Title (ownership) to all nonexpendable personal property purchased in whole or in part with funds given to the Awardee pursuant to the terms of this Agreement shall vest in the County and DHCD. The Awardee shall obtain prior written approval from DHCD for the disposition of real property, expendable personal property, and nonexpendable personal property purchased or improved in whole or in part with funds given to the Awardee or subcontractor pursuant to the terms of this Agreement. The Awardee shall dispose of all such property in accordance with instructions from DHCD. Those instructions may require the return of all such property to DHCD. X. Program Income Program Income as defined in 24 CFR Part 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. The Awardee shall not, under any circumstances, use Program Income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this Agreement and applicable federal regulations or rules, or any County rules or ordinance. 24 a. The Awardee shall comply with the Program Income provisions in DHCD's Contract Compliance Manual. If any Program Income provisions of the Contract Compliance Manual conflict with any Program Income provisions of this Agreement, the provisions of this Agreement shalt 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 if receives and /or has control over Program Income generated from this and any previous Agreements with DHCD. This information, aiona 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 shalt 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 Sid et.seq. e. Program income from a revolving loan activity must be used only for the same revolving loan activity. f. Program Income from a revolving loan activity, such as loan repayments, interest earned, late fees, and investment income, shall be substantially disbursed to eligible loans, loan - related programmatic costs, and operational costs for the same revolving loan activity before the Awardee may request additional CDBG funds for that activity. g. All Program Income from nonrevolving loan activities shall be substantially disbursed to carry out other DHCD approved CDBG eligible activities, and to cover operational costs before requesting additional CDBG funds. h. Any proceeds from the sale of property as detailed in Section 11, Paragraph W.4., 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 thereoO 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 1. Unless otherwise specified in this Agreement, the Awardee shall not subcontract any portion of the work without the prior written consent of the County. Subcontracting without 25 the prior consent of the County may result in termination of the Agreement for breach. When Subcontracting is allowed, the Awardee shall comply with County Resolution No. 1634 -93, Section 10 -34 of the County Code and Section 2 -8.8 of the County Code. The Awardee shall ensure that all subcontracts and assignments: a. Ensure that no contractor, subcontractor or assignee is listed on the U.S. HUD's debarred, suspended, or ineligible contractors list; Awardee shall use, at a minimum, US HUD's Excluded Parties List System to confirm clearance of contractors, The system may be accessed at https : / /www.epls.gov/ Awardee shall provide to DHCD a copy of the site page that indicates the name and the date it was checked. Awardee shall further ensure that no contractor, subcontractor, or assignee is listed on Miami -Dade County's debarred Contractor's List; Awardee shall, at a minimum, check at http: 1/ www. miamidade .00v /sba /reRorts- 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. G. Identify the full, correct, and legal name of the party. d. Describe the activities to be performed. e. Present a complete and accurate breakdown of its price component. f. Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement and with any conditions of approval that the County or DHCD deem necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service, as may be defined by DHCD, set forth in this Agreement. DHCD shall in its sole discretion determine when services are eligible substantive programmatic services and subject to the audit and record - keeping requirements described above, and; Result from an open competitive bid process generating a minimum of three bids. Such competitive process shall be described in writing, approved by the Board of Directors and- a copy of which submitted to DHCD. In such circumstances that open, competitive bids are not feasible or that a minimum of three bids are unobtainable, permission to use other methods of award must be requested in writing and approved by DHCD prior to the assignment or award of subcontract. The Awardee agrees that no assignment or sub - contract will be made or let in connection with the Agreement without the prior written approval of DHCD, which approval shall not be unreasonably withheld, and that all such sub - contractors or assignees shall be governed by the terms and intent of this Agreement. g. Incorporate the language of Attachment E, "Certification Regarding Lobbying." h. Include language stating that the Subcontractor understands and agrees that the County is not a party to the subcontract and has no obligation to the subcontractor. The Awardee shall maintain, and shall require that its subcontractors and suppliers maintain, complete and accurate records to substantiate compliance with the requirements set forth in the Scope of Services. The Awardee and its subcontractors and suppliers, shall retain such records, and all other documents relevant to the Services furnished under this Agreement for a period of three (3) years from the expiration date of this Agreement and any extension thereof, NLO 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 alll subcontractorsand suppliers, and all final approved permits, for payment within 30 days after the month in which the expenditures were incurred. Failure to comply will result in rejection of invoices. 27 3. In no event shall the County provide advance CDBG funding to the Awardee or to any subcontractor hereunder, nor shall the Awardee advance CDBG funds to any party. 4. Any payment due under the terms of this Agreement may be withheld pending the receipt and approval by DHCD of all reports and documents which the Awardee is required to submit to DHCD pursuant to the terms of this Agreement or any amendments thereto. 5. All payments will be limited to the quarterly payment schedule that accompanies the action step chart in the scope of services. Payment is contingent on the achievement by the Awardee of the quarterly accomplishment levels identified in the scope of services portion of this agreement — Attachment A, which shall be submitted with all payment requests and shall clearly identify the completed level of accomplishments met. This shall also apply to soft costs associated with project delivery. 6. No payment(s) will be made without evidence of appropriate insurance required by this Agreement. Such evidence must be on flle with DHCD and the County's Risk Management Division. DHCD must receive the final request for payment from the Awardee no more than thirty (30) calendar days after the expiration or termination of this Agreement. If the Awardee fails to comply with this requirement, the Awardee will forfeit all rights to payment(s) if DHCD, in its sole discretion, so chooses. 7. All monies paid to the Awardee which have not been used to retire outstanding obligations of this Agreement must be refunded to DHCD in accordance with DHCD's Contract Compliance Manual. 8. Any unexpended funds remaining after the completion of the services under this Agreement, or after termination of this Agreement, shall be recaptured in full by the County. 9. in the event the County determines that the Awardee has breached the terms of this agreement and that the County is entitled to return of any or all of the funds awarded under this Agreement, Awardee agrees to and shall assign any proceeds to the County from any Agreement between the County, its agencies or instrumentalities and the Awardee or any firm, corporation, partnership or joint venture in which the Awardee has a controlling financial interest in order to secure repayment of this award. "Controlling financial interest" shall mean ownership, directly or indirectly to ten percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten percent or more in a firm, partnership or other business entity. CC. Reversion of Assets The Awardee shall return to DHCD, upon the expiration or termination of this Agreement, all assets owned or held by Awardee as a result of this Agreement, including, but not limited to any CDBG funds on hand, any accounts receivable, any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Awardee by the County, other than reasonable operating and deficit reserves established by Awardee and which are connected with the real property. In the case of activities involving real property, such reserves shall not be distributed to any partner or subcontractor prior to repayment to DHCD of the CDBG Loan. The Awardee shalt 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 tender 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 $1,207,374. IV. THE AWARDEE AND DHCD AGREE: A. Effective Date 1. This Agreement shall begin on January 1,_2010. Any costs incurred by the Awardee prior to this date will not be reimbursed by the County. 2. This Agreement shall expire on December 31, 2011. Any costs incurred by the Awardee beyond this date will not be reimbursed by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additonal time period during which the Awardee remains in control of the CDBG funds or other assests, including Program Income to support CDBG eligible activites. Any extension made pursuant to this paragraph shall be accomplished by a writing by the County to the Awardee. Such notice shall automatically become a part of this Agreement. 3. This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those described within Section 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 lis pendens, foreclosure action, or other legal action against the Property, any property of Awardee or Related or Affiliated Party, or against Awardee or Related or Affiliated Party which the County determines, in its sole discretion, threatens the Property or the ability of Awardee to fulfill the provisions of this Agreement and the services outlined in the Scope of Services. d. Any arrearage, default, or late payment on any loan, Note or other debt or obligation for which the Property is security or regarding any property of 29 Awardee or Related or Affiliated Party, including properties not related to this Agreement. e. Any legal encumbrance on the Property not permitted in writing by the County. f. Any anticipated or pending bankruptcy, restructuring, dissolution, reorganization, appointment of a trustee or receiver. g. Any action, activity, facts, or circumstances that the County determines in its sole discretion would materially impair performance by Awardee of all the terms and conditions of this Agreement. h. Awardee 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. 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 31 remedies. The County may resort to any remedy for breach provided herein or at law, including but not limited to, taking over the performance of the Services or any part thereof either by itself or through others. In the event the County shall terminate this Agreement for default or breach, the County or its designated representatives, may immediately take possession of all applicable equipment, materials, products, documentation, reports and data. 9. Penalties for Fraud Misrepresentation or Material Misstatement In accordance with the Code of Miami -Dade County, Section 2- 8.4.1, any individual or corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, 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 Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this Agreement if DHCD determines, in its sole and absolute discretion, that federal, state, and /or County revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. DHCD shall be the final authority in determining whether or not funds for this Agreement are available due to federal, state and /or County revisions of any applicable laws or regulations, or increases in budget allocations. 2. The County shall have the right to exercise an option to extend this Agreement for up to one year beyond the current Agreement period and will notify the Awardee(s) in writing of the extension. This Agreement may be extended beyond the initial year extension period upon mutual agreement between the County and the Awardee(s), upon approval by the Director of the Department of Housing and Community Development. 3. DHCD may, for good and sufficient cause, as determined by DHCD in its sole and absolute discretion, waive provisions in this Agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the Awardee shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. 4. DHCD's failure to exercise any of its rights under this Agreement, or DHCD's waiver of a provision on any one occasion, shall not constitute a waiver of such rights or provision on any other occasion. No failure or delay by DHCD in the exercise of any right shall operate as a waiver. G. Budget Revisions and Changes to the CDBG Eligibility Activity Title Revisions to the Budget (Attachment B) shall be requested in writing and must comply with DHCD's Contract Compliance Manual. These revisions shall not require a Agreement amendment unless the amount of this Agreement is changed or unless otherwise required by DHCD. All budget revisions shall require the written approval of DHCD. DHCD shall have no obligation to approve payment of expenditures incurred prior to the approval of the budget revision related to such expenditures. Budget Revisions Through County Resolution Should a portion of the funding allocation to the Awardee be rescinded by action from the Board of County Commissioners, written notification via certified mail to the Awardee advising of the funding reduction shall be sent by DHCD no later than 5 working days of the action; written notification will constitute a Agreement amendment. The Awardee will have five working days upon receipt of certified return receipt notification to submit a revised budget reflecting funding adjustments. Should the modified budget not be received within the specified time, DHCD will revise the budget at its discretion. DHCD in its sole and absolute discretion will determine whether substantial reductions will necessitate revision and resubmittal of the Scope of Service (Attachment A). Revisions to the Scope of Services, when required, will be negotiated to the mutual satisfaction of both parties. Revisions to the CDBG eligibility activity titles under which this Agreement's objectives are classified as noted in the Scope of Services shall not require a Agreement amendment. Compliance This Agreement may, at the sole and absolute discretion of the County and DHCD, remain in effect during any period that the Awardee has control over Agreement funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment or provide any type of assistance or support to the Awardee if this Agreement has expired or been terminated. The Awardee agrees to comply with all applicable State and County laws, rules and regulations, which are incorporated herein by reference or fully set forth herein. 33 Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Agreement. This contract may be executed in counterpart copies, and these counterparts shall together constitute an original of this Agreement. Disputes In the event an unresolved dispute exists between the Awardee and DHCD, DHCD shall refer the questions, including the views of all interested parties and the recommendation of DHCD, to the County Manager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise DHCD and the Awardee, or in the event additional time is necessary, DHCD will notify the Awardee within the thirty (30) day period that additional time is necessary. The Awardee agrees that the County Manager's determination shall be final and binding on all parties. J. Headings The section and paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. K. Minority Participation In order to gain greater Black business participation, the Awardee may submit its Agreements to the County Manager for bidding and award in accordance with County policies and procedures. L. Proceedings This Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties, in any manner pertaining or relating to this Agreement, shall, to the extent permitted by law, be held in Miami -Dade County, Florida. M. Notice and Contact All notices between the Parties shall be in writing and sent by registered or certified mail and addressed as follows: 3 4 TO AWARDFF: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: Hector Mirabile, City Manager COPY TO: City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Attn: Alfredo Riverol, Chief Financial Officer TO COUNTY: Miami -Dade County 111 N. W. 1st Street Miami, Florida 33128 Attn: County Manager COPY TO: Department of Housing and Community Development 701 NW 1St Court, 142' Floor Miami, FL 33136 Attn: Rowena Crawford, Asssitant Director COPY TO: Department of Housing and Community Development 701 NW 1St Court, 14th Floor Miami, FL 33136 Attn: Letitia S. Goodson, Project Manager COPY TO: Assistant County Attorney County Attorney's Office 111 N. W. 1st Street, Suite 2810 Miami, Florida 33128 Attn: Brenda Kuhns Neuman, Esquire Such addresses may be changed by written notice to the other party. In the event that different representatives are designated by either party after this Agreement is executed, or the Awardee changes its address, notice of the name of the new representative or new address will be rendered in writing to the other party and said notification attached to originals of this Agreement. In the event that any of the information required by the provisions of this Article is changed by either of the Parties after the execution of this Agreement, the affected Party shall give notice in writing within five (5) days to the other Party of the amended pertinent information, which shall be attached and incorporated Into this Agreement. N. Waiver of Trial Neither the Awardee, subcontractor, nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor, heir or personal representative of the Awardee, subcontractor or any such other person or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or any other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither Awardee, subcontractor, nor any such person or entity will seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provisions hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. 0. Assignment The Awardee shall not assign, transfer, hypothecate or otherwise dispose of this Agreement, including any rights, title or interest therein, or its power to execute such Agreement to any person, company or corporation without the prior written consent of the County. Third Parties 35 This agreement is intended for the sole and exclusive benefit of the parties and is not intended to benefit any third party nor shall it be deemed to give rise to any rights in any third party. 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 shalt at all times, and in all places, be subject to the Awardee's sole direction, supervision and control. The Awardee shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Awardee's relationship and the relationship of its employees to the County shall be that of an independent contractor and not as employees, servants or agents of the County. The Awardee does not have the power or authority to bind the County in any promise, Agreement or representation other than specifically provided for in this Agreement. S. All Terms and Conditions Included Conflict This Agreement and its attachments as referenced (Attachment A - Scope of Services; Attachment Al — Action Steps; Attachment B - Budget; Attachment B -1 Idemnification and Insurance Requirements; Attachment B -2 — CDBG Program Requirements; Attachment C - Progress Report and Set -Up Forms; Attachment D - Information for Environmental Review; Attachment E — Certification, Statements and Affidavits; Attachment F - Publicity, Advertisements and Signage; Attachment G — Fair Subcontracting Policies; Attachment H — Subcontractor /Supplier Listing) contain all the terms and conditions agreed upon by the parties. No other Agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. 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 shalt 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, 36 Survival The parties acknowledge that any of the obligations in this Agreement, including but riot 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 causej this Thirty- ' ht ( 8) pa a contract to be executed by their undersigned officials as duly authorized, this /r'o day of 01�. AWARDEE: MIAMI -DA E COUNTY City of South Miami BY: BY: NAME: � _ _ 1 Y NAME: TITLE: City Manager TITLE: Mayer DATE: b ! 7,,�_ BY: .✓ AST A b NAME Mari M. Menendez gY r /y .y 9 ``^^pp ,p} / j C•�-J Tft� E Cp ;�3 oar A County Commissioners �gwAOAP� DATE Witnesses: BY: Approved a f rm i a re) and Legal f " '? i %r- . V,r Ty p or rint Name Ftsil ant ntyA� � ff BY: / Date (Signature) k_,/ Type or Print Name Federal ID Number: 59- 6000431 Resolution #:R- 1222 -07; R- 1127 -08; R- 914 -09; R- 1284 -09; and R -111- 10 Awardee's Fiscal Year Ending Date: September 30th CORPORATE SEAL: AGREEMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES 38 1. - ACTIVITY TITLE: Murray Park Aquatic Center (to include Swimming Pool) — Construction Phase I IDIS #: 3245 INDEX CODE: CD534C09CI; CD535C08CI; CD534C09CCI; CD535C08CI; and CD536CIOCI RESOLUTION #: R- 1222 -07; R- 1127 -08; R- 914 -09; R- 1284 -09; and R- 111 -10 DUNS #: 024628976 ACTIVITY # 20051346 2. - ACTIVITY DESCRIPTION: The commencement of construction of community swimming pool / aquatic center which is located at Murray Park 5800 S. W. 66t" Street, South Miami, PL 33143 in the South Miami NRSA. The project will service no less than 4,000 low /moderate income residents. 2a— Activity Category: 2b. — Objective: 2e. — Outcome: 3. - APPROVED BY BCC: Other Funding Source and Amount: 4. - TOTAL PROJECT COST: S. - 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 Group: S. - ACTIVITY ADDRESS: 9. - LOCATION: NRSA: District: 10. - LABOR STANDARD applicable Type of Work: ❑ Building ❑ Residential Capital Improvement _Suitable Living Environment Sustainability Amount: $1,207,374 Source: CDBG FY: 2008, 2009 &2010 South Miami CRA 4100,000 DHCD — Design Phase CDBG FY 2008 $276,000 ( *includes the reprogramming of the remaining funds ($90,463) from the design phase the project) $1,492,911 03F Parks, Recreational Facilities 570.201(c) Public Facilities 570.208(a)(1) LMA 4,000 76.03 03 5800 SW 66"' Street South Miami FL 33143 South Miami 07 11. Set aside units different from total units COMMENTS: ❑ Highway ❑ Heavy ➢ PROJECT MANAGER: Letitia S. Goodson PLANNER: APPROVED ATTACHMENT "A -1" AGENCY NAME CITY OF SOUTH MIAMI ACTIVITY Murray Park Aquatic Center (to include Swimming Pool - Construction Phase I FUNDING SOURCE CDBG 2009 & CDBG 2010 AMOUNT; $1,207,374 TOTAL ACTiVITIY COSTS: $1,492,911 TOTAL AVAILABLE FUNDING (Matching by City) $100,000 PROPOSED ACCOMPLISHMENT UNITS: People ACCOMPLISHMENT UNITS: 4,000 TYPE: People CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTERLY PROJECTED COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS ENVIRONMENTAL CLEARANCE (DHCD 1st (2009) APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT ENVIRONMENTAL CLEARANCE (DHCD 2nd (2009) APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT ENVIRONMENTAL CLEARANCE (DHCD 3rd (2009) APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT ,,. - r .�.__.:. , _...� - - -• ENVIRONMENTAL CLEARANCE (DHCD 4th (2009) APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT APPROVED ATTACHMENT "A -1" AGENCY NAME CITY OF SOUTH MIAMI ACTIVITY Murray Park Aquatic Center (to include Swimming Pool - Construction Phase I FUNDING SOURCE CDBG 2009 & CDBG 2010 AMOUNT: $1,207,374 TOTAL ACTIVITIY COSTS: $1,492,911 TOTAL AVAILABLE FUNDING (Matching try City) $100,000 PROPOSED ACCOMPLISHMENT UNITS: People ACCOMPLISHMENT UNITS: 4,000 TYPE: People CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTERLY PROJECTED COMPLETION SERVICE UNITS PAYMENT LEVEL ACTUAL QUARTERLY ACCOMPLISHMENTS CUMULATIVE CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICE UNITS REIMBURSEMENTS 1st (2010) ENVIRONMENTAL CLEARANCE (DHCD APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT 2nd (2010) ENVIRONMENTAL CLEARANCE (DHCD APPROVAL REQUIRED) DESIGN PHASE SUBMITTAL OF QUARTERLY PROGRESS REPORT ENVIRONMENTAL CLEARANCE (DHCD 3rd (2010) APPROVAL REQUIRED) BID PACKAGE FOR CONTRACTOR (REQUIRES APPROVAL FROMDHCD) SUBMITTAL OF QUARTERLY PROGRESS REPORT ENVIRONMENTAL CLEARANCE (DHCD 4th (2010) APPROVAL REQUIRED) DAVIS BACON WAGE DETERMINATION (DHCD) COMPLETION OF DESIGN PHASE ADVERTISEMENT & PRE -BID CONFERENCE BID OPENING RECOMMENDATION, SELECTION /AWARD VERIFY CONTRACTOR IS NOT ON DEBARMENT LIST OBTAIN EVIDENCE OF LICENSES SUBMITTAL OF QUARTERLY PROGRESS REPORT APPROVED ATTACHMENT "A -1" AGENCY NAME CRY OF SOUTH MIAMI ACTIVITY Murray Park Aquatic Center (to inctude Swimming Pool - Construction Phase i FUNDING SOURCE CDBG 2009 & CDBG 2010 AMOUNT: $1,207,374 TOTAL ACTIVITLY COSTS: $1,492,911 TOTAL AVAILABLE FUNDING (Matching by City) $100,000 PROPOSED ACCOMPLISHMENT UNITS: People ACCOMPLISHMENT UNITS: 4,000 TYPE: People CUMULATIVE CUMULATIVE PERCENTAGE OF QUARTERLY PROJECTED COMPLETION SERVICE UNITS PAYMENT EVEL ACTUAL QUARTERLY ACCOMPLISHMENTS CUMULATIVE "&e 'CF CUMULATIVE CUMULATIVE QUARTER ACTION STEP CATEGORY APPROVED APPROVED APPROVED COMPLETION SERVICEUNITS REIMBURSEMENTS PAYMENT AND PERFORMANCE BOND Ist (2011) CERTIFICATES OF INSURANCE EXECUTE CONTRACT WITH CONTRACTOR (DHCD APPROVAL REQUIRED) SUBMITTAL OF QUARTERLY PROGRESS REPORT 7777Mu COMMENCE CONSTRUCTION 2nd (2011) CONSTUCTION MANAGEMENT AND MONITORING REQUIRES DHCD REVIEW AND APPROVAL SECTION 3 PLANS, COMPLIANCE, MONTHLY REPORTS (PAYMENT REQUEST AND REIMBURSEMENT REQUESTS) SUBMITTAL OF QUARTERLY PROGRESS REPORT w r PRE-CONSTRUCTION CONFERENCE 3rd (2011) (INCLUDE WORK SCHEDULE AND MAINTENANCE OF TRAFFIC) - CONTACT AND COORDINATE MEETING WITH DHCD AND CONTRACTOR RELEASE NOTICE TO PROCEED OBTAIN PERMITS SUBMITTAL OF QUARTERLY PROGRESS REPORT - - COMPLETE CONSTRUCTION 4th (2011) SUBMIT FINAL PAYMENT REQUEST SUBMIT FINAL RELEASE OF LIENS PROJECT CLOSEOUT Attachment B 'Due to a non-substantlat change the reprogramming of the remaining funds ($90,463) will be used for the construction phase of the project, which will require a budget modificatlon. CITY OF SOUTH MIAMI Murray Park Aquatic Center (to include Swimming Pool) - Construction Phase I CDBG FY 2009 & FY 2010 SUMMARYBUDGET JANUARY 1, 2010 — DECEMBER 31, 2011 CDBG FY 2008„ PRIOR YEAR FUNDING (Pool CDBG FY 2008 & 2009 CDBG FY 2010 ({QpB 0 j.`y Total Designp CDBGFY2008 PlanAmendment Plan Amendment b NON•DLfCD Ail CATEGORIES CD634C09CI CD536coacl C0636C08Ct CD634C09CCI 1wpf �D6 .'. U0.9C FUNDING Sources X rf I. Personnel S10,363 $14,500 $D $0 I9s YY, r{itt,'�1k� $0 $30,863 II.Contractual Services $259,637 $40,500 $0 $0 I _• uy�,a. Y.yl7,:,Z'Y: •, 1 °: ywk' h "qcZ i1 $50,000 $350,137 111.0pera8n0 services $0 $0 $0 $0 .......... $0 $0 IV. Capital Outlay $0 $501,911 $200,000 $200,000 . SE {,I�xq�i•: '}r� $50,000 $1,111,911 TOTAL BUDGET $276,000 $656,911 $200,000 $200,000 $1,492,911 SOURCES OF OTHER FUNDING TOTALAMOUNT CRA - Design Phase $ 50,000 CRA - Construction Phase —L—.610-00 $ 100,000 'Due to a non-substantlat change the reprogramming of the remaining funds ($90,463) will be used for the construction phase of the project, which will require a budget modificatlon. Attachment 8 CITY OF SOUTH MIAMI CDBG FY 2009 & FY 2010 Murray Park Aquatic Center(fo Include Swimming Pool) - Construction Phase I DETAIL 8UDGET January 1, 2009 thru December 31, 2011 21011 Extemal Audit $ 21012 Environmental Audit $ IrM •;S.s :i'" "rt? 21030 Other Professional -Sve Const M ml $ 4%600 $ 40,500 40,500 21030 Other Pretessional Svc 50,000 259,63 'Sn: u {��r. 5 259637 309,637 .22350 BOtifed4Vator - �"" 25330 Rent Co ler ".::.£•.r3i?"!�;' -•;,fi 25511 Buildin Rental Total Contractual 60 000 269,63 $ 40,600 :3�..'f3'. ;S`"ari $ 300,137 36%137 SOURCES OF OTHER FUNDING TOTAL AMOUNT CRA - Design Phase $ 50,000 CRA - Construction Phase $ 100,00D 'Due to a non - substantial change the reprogramming of the remaining funds ($90,463) will be used for the construction phase of the project, which will require a budget modification. ATTACMENT c QUARTERLY EXPENDITURE AND PROGRESS REPORT. FY 2010 It ❑ m Quarter [Jan -Mar] n 2nd Quarter [Apr -Jun] ❑ 3rd Quarter [Jut -Sept] ❑ 46 Quarter [Oct -Dec] / Annual Report � .{; ±�S'� ?'�. '- :fiNi3t,2 ?Sl:n, .. ✓:: kka* •, 3,'a �" t• :2'-t.:Su,�'.:: ..'+57G. };:t..:• _ '. i -�, •. y..,.. : -` .�f�ll, ��,�:.±tiT,e,c�,a'ri'� ;e3 .�`�.1.,��„ � ��`�r -}r, �'r ✓r,- ..4,.'��$:?� .�'""<., t 3-.�t .,,�'�i�� °3��"r:., ��3 �'�'"�kb Recipient.Name (Organization): Contact Person (Name & Title): Telephone Number: Activity Name (Project Title): Activity Address: Activity Description: Activity 1D # : Index Code: Funding Source: Funded Amount; $ Activity Category: ❑ Administration ❑ Capital Improvement 0 Economic Development 0 Historic preservation 0 Housing Q Public.Service Objective: ❑ Greate suitable living environments ❑ Provide decent affordable housing ❑ Create economic opportunities 061c6me: ❑ Mbi.190ilify /Accessibility 0 Affordability. ❑ Sustainability A: 8' G D E p. 6 H CATEGORY,.' REPROVE€). Bt1DGET TOTAL EXPENDED (Thiscuadert ACTUAL EXPENDITURES CUMULATIVE (Through end-of ft quarter) REIMBl1R'SED CUMULATIVE ghrough end ofthisquartet). 'CUMULATIVE PERCENTAGE ID &DI PROJECTED EXPENDITURES IN"'tOuarter} PROJECTED. CUMULATIVE EXPENDITURE (By and of Canhad Pedod} Personnel $. $ $ $ % $ $ Contractual .$ . $ $ $ % $ $ Operating Costs $ $ $ $ % $ $ Commodities $ $ $ $ % $ $ TOTAL $' $ $ $ % .$ $ Program. Income + The disposiflon of program Income not specifically listed in the approved Program Income budget requires priorwritten approval from.DHCO. 1. Does this activity generate Program Income? El 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? ❑ Yes E] No E]-N/A If yes, a attach copy of approval letter and related documents. If no, a written request for approvgi to use the Program Income mustbe 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. it Check Attached? 0 Yes 0 No 0 N/A Status: E] Cancelled ❑ Underway E] Completed 2. Environmental Status: F1 A= Exempt ❑ C= Completed [] D= Underway 3. Is this activity still in compliance with the'original project schedule? ❑ Yes ❑ No V- ,vT.;a. _ .'�"tia .,. 'y<'1 - ?•;v::.t;..:�,k;:. ,,�;r �.v •:..�'•y. {,r ? ,' °ar�: icG,,:�p;;::." -.�.'l;'br :�;i�.v, • =r' ;'S 'Ua''3dic, .<v' i�@��_; • � r q� • s��^ .,4�l..� .da�oD'��o!�G,�tns� U�'g�iil`�� "e�1a � l i t fr cts> akh�2�7abe On�''"�rb:311 "m emt;i� s e £�dN? � •s, ': ��:�n �;.� n �.. „ L� �9 � s� •:� �,,. r�P„ 5'J 141,,.+ . ��.G,t.,v.�,:.!1„9.��1��,�; +�%�' Department of dousing and Economic Development Page 1 of 2 Quarterly Expenditure & Progress Report (LR12 -15 -08)12 -23MR ME] QUAKERLY EXPENDITURE AND PROGRESS REPORT • FY 2014' ?t'gY axi •.:t ' r 1 S �:e ya, , rs, f� "' ^'S J �4�J,c�e,� !! p�d1��iP ..:9�R�J1S'P��l��i� S,p �fei � rr� t o • a ,� �a �;.., : �.� .�,�. � :,� u3' c' � a.e.._ ,..G? �z px 9 � t..,r:.��1tt .i� �.� �` #' ;,.. u' i .�� . i�'t:i•�_ << MON. 4_�?�gt- ae� r� v c f ' . IX� �.. .;u va. ��° .zv ♦.,�. .5 �:�." i,?�'�. ?,'�ak 5 ;" '?:yw;(� \ ^" ,•[. Qi$.._ .'Ci <TV��x�. e��i�� "�lQ�? sib "�w5a �'�+�'�'�+t'.'• •'�- rr " :Cw v�9,: f>_5�j'e�a &ly. r '� t'� •S;;? ;�i�e »,�:: y��,:�, P'i. ��s�l�3y �� . r•' ?r.. rj?' r•., :'?'g`.�.;�-,id'.a�mrt"S�L�ra�~ "'eni�u`{Er "Dl` �£�l4?C.C�a•�. Accomplishment Type:. ❑ People toll E] Households (04) ❑ Businesses [os) ❑ Organizations [091 •❑ Housing Units tlol ❑ Public Facilities p i j ❑ Jdbs t13) National Objective: 0 Area Wide Benefit (e.g. LMA, LMAFI, LMASA, SBAJ -or- ❑. Direct Benefit Je.g, LMC, LMH, LMJj �' e rr d.� ��a*x?fi9 ..2.x v. � k � � `�' �� y� � � 4 '''' n �• �� f�l,Y i� �= ..r,4?��s�l, f �7 ��,e one • eti �'s� ?.:.V'�... �f iL3�"'•.t`ai�uY ua"a'.;.�:,:.s�''v�.'.. 4" •'• � � v � -'• ^ t?R�•. � � ''st<�•. ' i �d' , rr� � -Kt .NSA.. ; ,, . p�, � . �{ il: "��- �;�� x�, � 59 �. ��c w �u�r�� t4:'i��'SU�•> ✓ !� _ "._G, aa.l.. _ .._.. _ J Projected' Actual This Quarter I_,............... ActuaE .� Housing units .��>T i . - .— .•,_.. _ ' Projected GoatM 1^., - '; Actual This Quart f Actual Cumulative 1�.�� ^Peq to _. Total People i Low i Mod I ; � � ' "• ' �� =' � � , .*Ix;� ^„ - „ J Households _ ........... Female Low i Mod ttouTsoethol" t ds . ✓ Headed '. j Ownr _''-.•,••.-j."• � Rentl .._ "_ _•......_:�.__ " --_,• Buyer ...:......... . .. "_ _ ......... ":. ,.......... ._..._:.:.... _..,, ............... _...... ",.._...__.. e 5u lementa! Form t�Re uired - Attached Y ! N : ; . ",. , ._.,.. , ".,......:. ", ". ." ...............:. " ",._. "..,�. -- -........,.,._,". ......., ",..... "....,,__....... ,,."....,.._........."._".._... "_.. ....... ............... _:..; "._. 'Supplemental Form � Required - Attached Y! : . .._ ... an ri.et.t.. Data: jN1o),fPe; e HrfoOrMmE . .H..o.._u.s.,i.n . .- _...._,._ ..:.,.." __.. ". "......._.._.. _ .._ fcue n _& . :B.e.: ded P ,mus ub T F cab. e .. ro .eels ... , . ,.:. _.,._.:_...... ._.._ ........................ ..._..., "._ .._.,_... .._........... •. _..:... Peormance & Benefit Data: Public Service & Administration E1 wr- (1) _. ". ._.._ .._. ....._._.. ,_ ....N_.., _• . _...._.. (2J Performance & Benefit Data: Gapltat Improvement &Public Facilities [�, -or 3) Pe rformanco,& Benefit Data_ Housfn ❑ Will . r _ Wig Jobs Created lJl Jobs Retained If-W Jabs ; Law l 141od PT Jobs ��1 Low I Mod i .Total ' FT Sobs i Low I Mod 1 ( PT Jobs t Low J Mod Yota! . I ._�_�.__ !Actual This Quarter" :Actual Cumulative Cumulative L �_ . r s ' ii *Supptementaf Form 6 Required - Performance & Benefit Data: Economic Development- Attached PERFORMANCE CERTIFICATION: ❑ This certifies that No Accomplishments occurred during this Quarter. Initials NOTE: Submittal of Supplemental Fdrm — Performance & Benefit Data is not required at this time based on the certification that no accomplishments occurred during this quarter. CERTIFICATION This is to certify that the data and other informatidn 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: Title: Date: Print Name Signature of Certifying Official: Title: Date: � +�S.;S •e;' x -p .vra-tiiT ira c. ?:'t?; . � q;e,.�^�: +';� ' ty D r. � t> Activity I S umbe N I `7 . Report ci is I M 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 Quaitedy Expenditure & Progress Report (LR12- 15.08)12- 23-09R Recipient-Name: P60ormance &. Benefit data: Capital Improvement& Public Facilities Supplement to Quarterly Expenditure and Progress. Report R FY 2010 Activity Name: Activity ID # : Activity Category: HUD Activity Matrix Code: Accomplishment Type: HUD Matrix Code bescription: El Other Capital Improvement /Type: (odleara below) Persons, Served + Low.& Moderate Income ' to Quarter Jan�RAar Cj 2m Quarter r -Jun ❑ 31d Quarter Jul -Se 41h Qua* [Odt-Decl tAnnual Re ort I ❑ Instructions & Applicability; Natfohi l Objectives include LMA, LMC, LMH,.SBA,•SBR, SOS or. URG, 1. Total benefiting for program year: 2. Counts by Households (H) =or- Persons (P): 3. Of those assisted, enter the number that a) Now have new access to this service or benefit b) Now have unproved access.to this service or benefit c) Now receive a service or benefit that is no longer substandard Total d) Now have now 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 # of Structures # of Parcels, # of Facilities of Persons Served # of Low /Mod Income g) Homeless persons given overnight shelter h) Number of beds created in_overnight shelter or other emergency housing: • It it I L11701 - MrITIVRI RACE / ETHNIC CATEGORY Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total. From the total numberdepicted in each Racial Category, indicate the numbers that are of Hispanic Ethniclty for this reporting period and the cumulative total, RACIAL CATEGORIES ❑ Acquisifion if Disposition [] Structures + [l Parcels ❑ Clearance / Demolition 0 Structures + ❑ Parcels ❑ Street Improvements Persons Served + Low & Moderate Income' 0 Public Facility 1 Type: Persons Served + Low & Moderate income ❑ Building 1 Type: Facilities + Persons Served + Low /Mod Income El Other Capital Improvement /Type: (odleara below) Persons, Served + Low.& Moderate Income ' to Quarter Jan�RAar Cj 2m Quarter r -Jun ❑ 31d Quarter Jul -Se 41h Qua* [Odt-Decl tAnnual Re ort I ❑ Instructions & Applicability; Natfohi l Objectives include LMA, LMC, LMH,.SBA,•SBR, SOS or. URG, 1. Total benefiting for program year: 2. Counts by Households (H) =or- Persons (P): 3. Of those assisted, enter the number that a) Now have new access to this service or benefit b) Now have unproved access.to this service or benefit c) Now receive a service or benefit that is no longer substandard Total d) Now have now 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 # of Structures # of Parcels, # of Facilities of Persons Served # of Low /Mod Income g) Homeless persons given overnight shelter h) Number of beds created in_overnight shelter or other emergency housing: • It it I L11701 - MrITIVRI RACE / ETHNIC CATEGORY Instructions: Indicate the total number of households or persons served in each Racial Category for this reporting period and the cumulative total. From the total numberdepicted in each Racial Category, indicate the numbers that are of Hispanic Ethniclty for this reporting period and the cumulative total, RACIAL CATEGORIES .Racial Categories E nlc cat*ly Racial Cate bries Ethnic Category Total Number Number Hispanic Total Number Number Hispanic :. White [I I) Black /African American 1121 Asian [13] American Indian /Alaskan Native [14] Native Hawaiian 1 Other Pacific Islander 1151 American Indian /Alaskan Native & White [16) Asian & White 117] Black /African American & White [18] American Indian or Alaskan Native & Black 1 African 119] Other Multi Racial [20) Totals Performance & Benefit Data: Capital Improvement & Public Facilities tLR 112 -10 -08)12 -23 -09 R Page 1 of 2 Supplement to Quarterly Expenditure & Progress Report Performance & Elenei'it Data; Capital Improvement &.Public Facilities Supplement to Quarterly Upenditure and prflgress.Report ■ 1=Y 201.0 o - e- • o 0 DIRECT BE FIT BY INCOME CATEGORY OTHER DIRECT 8£NEFITI1SIFORMATION .Income Categories $ 2. HOME Funds $ Other. Categories $ 3. ESG Funds $ Total Number . Total Number Total Khrober Total Number Extremely Low (30% or less) Total #Benefiting from the Activity, . Low (31% - 560/0) Moderate (51 %; 80 %) # of Female Headed Households 'Non Low/Mod (81% or greater)' Totals . 1 f < z ".. ::A �t3 Fly` lNF;IJ �!V!A►TI0 = ;�;,. -,.. .r .. � z,as�i:'' r cs.r., >. >:,.: >7: -x;rs "fi; <..'��. ,",�., i, .. ,- :• ",-fd, .,•a�:::l ... .,� +M° �;<'• "sdxS= �1i � �.N` - s::., : @ -'•, a,a.... Census ( C) or Survey (S) Data Used: If (S), enter # of Low/Mod & Total Population: Total # of Low /Mod in Service Area: Total Low /Mod Universe Population in Service Area; Percent of Low /Mod in Service Area: Census Tract: Block Groups: Census Tract: Block Groups:. Census Tract: Block Groups: $ 1. CDBG Funds $ 6.01her Federal Funds $ 2. HOME Funds $ 6, State % Local Funds $ 3. ESG Funds $ 7, Private Funds $ 4. Section 108 Loan Guarantee $ 8. Other: NameoffundmgSource , -, 2majil 7� °� eg o z an a s o 4•> ee a� cA �� of �,�Po2 Jescl��;�.oa'ue r� �'��( Report prepared by: Title: Print Name Signature of Cerblying Official: . Title: Date: Date: Perfomtance & Benefit Data: Capital improvement & Public Facilities (LR 1210 -081 12-23.09 R Page 2 of 2 Supplement to Quarterly Expenditure & Progress Report •4UARTEKL. tXPENDITURE AND PRQGRESS REPORT INSTRUCTIONS, DEFINffIONS & ACRONYMS Reporting Period: Enter "X" in the box that corresponds with the appropriate reporting. period for this report. Section f: General Information 1. Recipient Name: Fill in the appropriate Agency! Organization Name. 2. Contact Person: Fill in the Contact Person's Name and Title. 3. Telephone. Number. Fill in the Telephone Number of the Contact.Persoa, 4. Activity Name (Project Title): Enter the name of the activity: 5. Activity Address: Enter the. complete address of the location where the activity is.taking place. 6. Activity Description: Enter brief description of the activity (120 characters maximum). 7. Activity ID #: Enter Activity ID No. of the activity: 8. index Code: Enter the index Code from FAMiS.- . 9. Funding Source: Enter the funding source (e.g. CDBG 06, CDBG 'DR 07, ESG 07, HOME 98, HOME CHDO 08, etc). 10. Funded Amount: Enter the total funded amount of the activity, include additional'awards,(same funding source) if applicable. 11. Activity Category: Enter "X" in the box that corresponds with the.appiopriate. 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:Wdget. 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"b'eginning' of the contract through the end of this repgrting:periodfor each category. 4. Column E: Enter the cumulative amount reimbursed from beginning of thecontract through the-end of•this reporting period for each category. 5, Column F: Enter the cumuiativ e. percent of expenditures for each category by dividing each amount: in, dolu'mn I}:.(Actual:.Cumulative Expenditures) by the corresponding amounts as shown. in column .B (Approved Budget): Example -- .If••Gol.On.- D's' hbws $.5;000 expended.. to date in the Personnel Category and.Column 8 shows $20,000 in the Approved Budget for this category, then the-percen tage in. Column r wouldbe 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 M 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 ?: Eriter X' in the "Yes" box if this activity is expected to generate Program income;.otherwise cuter "X" in the °No "'box. 10. If the response is "Yes" to Program'.Income: Indicate the amount of program income generated during this reporting period; if the answermas "No" enter NIA. 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 .1 written request for approval or.—.a.check payable to Miami•Dade County for the generated Program Income. 1. Activity Status: Enter "X" in boxthat corresponds with the appropriate status of the activity (Cancelled:, Underway; or Cornpletedj. Pleas6 note'that an activity is considered compiete•once it meets its national objecGve,:all;aecoMpllshments have been- reporied,.6hd:,all.ihe funds aredrawn from.101S. 2. Environmental Status: Enter "X" in the box that corresponds with the appropriate status of the acfivity'jA =Exempt,..0 =Completed, or D= Underway] 3. Compliance with Original Project Schedule: Enter "X" in the "Yes" bb*if the activity complies with the:orlginal project schedule; if not enter "X",iri. the "No" box. Section IIi: Worts 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 quanfifiabie data whenever appropriate. In addition, other expenditures of funds, including local match and •leverage contributions, should be depicted here. 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 iii the next quarter. Report any problems that may impact the .project. as originally proposed, including but not limited to changes in Scope of Services, beneficiaries, target area, or other proposed outcomes. Recipients are encouraged to notify the Contracts Officer to report/discuss any problems encountered in order to resolve them as quickly as possible. Section Vi: Technical Assistance This section is reserved for recipients to request Technical Assistance of any nature related to the funded activity. instructions, Definitions & Acronyrns (created 6130/081 revised 12122/09 R1 Page 1 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITIONS & ACRONYMS Section VII: Performance Measurement 1. A"omplishrrientType: Enter Win 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 "?f" 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 informaGori'. Code Beneficiary Type 1115 1 a ♦� a► ; : • I Description 24 CFRCitation LMA Area Basis Benefit Low /Mod Area Benefit 570.208(a)(1) LMAFi Area Basis Benefit Low /Mod Area. Benefit, Community Development Firiancial institution (CDF0 570.208(d)(6)(4 LMASA Area Basis Benefit Low /Mod Area Benefit, Neighborhood Revitalization Strategy Area 670.208(d)(5)(i) LMC Direct Benefit LowlMod Limited Clientele Benefit 570.208(a)(2) LMCMC Direct Benefit Low /Mod Limited Clientele, Microenterprise 570.208(a)(2)(iii) LMCSV Direct Benefit LOW /Mod Limited Clientele, Job Service Benefit 570:208(a)(2)(iv) LMH Direct Benefit Low /Mod Housing Benefit 570.248(a)(3} LMHSP Direct Benefit Low /M9d Housing Benefit, CDFI or Neighborhood Revitalization-Strategy Area 5701.208(d)(5)(ii) LMJ Direct Benefit' Low /Mod Job Creation/Refention 570.208(a)(4) LMJFI Direct Benefit LowlMod Job Creation/RetenCon, Public Faciityllmprovement 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 Slum/81fght Area Benefit 570.208(b)(1) SBR Urban Renewal Area Slurn/Blight in an Urban Renewal Area 570,208(b)(3) SBS Spot Basis Slum/Blight Spot Basis 570.248(b)(2) URG Urgent Need . Urgent Need 574.208(c') The data in this section is required on a quarterly basis for the reporting period and cumulative. (from the beginning pf the' contact period through the, quarter being reported); If there are no accomplishments during the reporting period, the data for this Quarter and•Cumirlative may be ieff blank, and the Recipient must complete.the Performance Certification check box for "No.Accomplishmente 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 Hoinebuyers' mu,st..coinpiete' this. section if any accomplishments are achieved in the reporting period and complete. the Supplemental Form, °Perfbrmance and Benefit Data: Housirig ". 4. Total People or Households: Activifies that provide Public Services or Administrative (e.g., Fair Mousing A.ctivitles). must.-complete this.section. if any accomplishments are achieved in the.reporting'period and complete the Supplemental Form, "Performance anl: Benefit Data: Public Services -or- Administration". Capital. Improvement and Public Facilities Activities- must complete this section if arty acc"' plishments are achieved in the reporting period and complete the Supplemental Form, "Performance and Benefit Data: Capital Improvement & Public Facifitlee. 5. Total Jobs: Activifies 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'informatiori about performarice measurements is ayailable at.the following link: http:// wwW. hud: gov /officeslcpolaboutiperfonnancel. 7. Report Prepared By: The name and• title of the report preparer, along with the date, must be'oompleted. 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 6/301081 revised 12122109 R 1 Page 2 of 5 QUARTERLY EXPENDITURE AND PROGRESS REPORT INSTRUCTIONS, DEFINITION$ &.'ACRONYMS Project Category [required]: Enter "X" in the box that corresponds with the funded project type. Accomplishment Type / Measures [required]: Enter "X "ln the box that corresponds with the funded project type, Accomplishment Units Completed [required]: Indicate the number of persons or households served and number thatare.low /mod income. Performance Measurement & Accomplishment information [required] (1) Indicate the total number benefiting from the activity. (2) Indicate method used to count the number benefiting from the activity by Households served or Persons served. (3) Of those assisted, responds to each inquiry - a through c - by providing the number that benefited, and provide the total for ail: 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 Un ;its 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 & Accompiishritent 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, 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 reportingtperiod 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, • �, �e, wSwSaE,< 3iwi <R�e,�Sw`',^G,.^e,^6'+w"iw�i �iw`,w",wRiwS>e,�(";w`,w`, ^C�Qew°. Funding Sources I Leveraging of Funds [required] HOME Funded Projects Only [required]; Enter Win the bdx.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, it applicable: Provide all requested information for both charts in this section. Displacement Information, if applicable: Provide all requested information in the chart. Replacement Information, if applicable: Provide all requested information in the chart. •e _d% e,- el_ 6.4 1, _di _01.6^C, �fi- s,^fsi. Giac, ^k'i.f,, .6 .6 Performance Measurement & Accomplishment inforrimation [required], all applicable sections must be completed (1) Provide number of Affordable Units and respond to each inquiry- a through f - by providing the requested information (2) Provide number of Section 504 Accessible Units (3) Provide number of units qualified as Energy Star (4) Provide number of units brought up to HQS /Local Code (Rehab only) (5) Provide number of units brought in compliance with lead safety (Rehab only) (6) Provide number of units created through conversion of non - residential to residential buildings (Rental Rehab only) (7) Provide number of households previously living in-subsidized housing (Acquisition /Construction New Homeowner only) Direct Financial Assistance to Homebuyers, if applicable (1) Provide number of first -lime homebuyers and of those, indicate number that received housing counseling (2) Provide number receiving Down Payment Assistance /Closing Costs Direct Beneficiary information [required] - must be completed for the actual number of households assisted, for this reporting period and the cumulative total. Also, provide requested information in the Household income Category and Other Beneficiary Data Sections. Funding Sources f Leveraging of Funds (required) Required Attachments must be provided, if applicable. Direct Benefit Information [required]:-Berieficiary information must be provided in this section for activities having,a national objective of I MC, LMCMC, LMCSV, LMH, LMHSP; LMJ, LMJFI, or LMJP. Otherwise,.compiete 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 Categoiy'and. other Beneficiary Data Section's. Area Benefit Information [requ"iredj:. If'appi cable for funded'acui i'' Fundinq. Sources I.Leveraginn ofFui ds.frt aulredt Note: Jobs data'should be prepared as'accomplislimenfstoke place (as jobs are created) or on aquarterly basis; at a minimum. Job Creation andlorJob Retention information [responses required for this Accomplishment Type]' (1) Complete the Job Creation area:if.the activity isexpeeted to create jobs; otherwise, complete the,iob '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:pedod and;ttie cumdlaflve totat. Also, provide requested.information in tiieancome Category and Other Beneficiary Data Sections:. (4) Number of jobs created with employer..spbnsored health care benefits (5) Number unemployed prior tg taking job created' (6) Number of jobs retained with employer sponsored health care benefits (7) Provide explanation if proposed goofs are not met Assistance to Businesses [responses required for this Accomplishment Type] (1) Indicate total number of business assisted, of that amount indicate how many are new businesses and the number of existing businesses (2) Of the existing businesses; indicate how many were expanding businesses and the number that were relocating (3) Indicate the number of businesses assisted with 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 Cthat lr�e�c ceive�sGFederal assista/n�ce`f °f`+,'� N<1 �Wes,W.°G,'V .°�i .6i el -6-611 V,_6- 6°6- 1'V.°6 - 6- 6- dk-6 -6 Area Benefit information [required] Funding Sources 1 Leveraging of Funds [required] Required Attachments must be provided, if applicable. Instructions, Definitions & Acronyms [created 6130/081 revised 12iZ2/09 R1 Pass 3 of 5 QUARTERLY EXPENDITURE AND i?ROGRESS REPdRT INSTRUCTIONS, DEFINITIONS & ACRONYMS. Area Benefit: Those activities'having a national objective of LMA, LMAX, and LMASA. beneficiary data is reported by Survey or Census.data for the percentage of low- and .moderate- income persons in the service area. CDBG regulations specify that 51 percent of the residents' of the service area must be. LMI. Examples of area benefit activities include streetlsidewalk improvements; waterlsewer lines; neighborhood facilities, and facade improvements in neighborhood commercial districts. Census Block: A'geographic area bounded.by visible andlor invisible features shown on a map prepared . by the U.S. Census Bureau. A block is the smallest geographic entity for which the Census Bureau tabulates decennial census data, Census Tract: A small, relatively permanent statistical subdivision of a county or statistically equivalent. entity, delineated for data presentation purposes by. a local group.of census data.users or the geographic staff of a regional census.center in accordance with Census Bureau guidelines, CDBG National Objectives: The authorizing statute of the CDBG program requires'that_each'activity funded except for program administration and planning activities must meet one of. three national objectives. All CDBG activities must achieve one of more of these.national :objectives. •. Benefit to low and moderate - income (LMI) persons, • Aid in the prevention or elimination of slums or blight, and' • Meet a need having a particular urgency (referred to as urgent need), e.g.; existing conditions pose a sedous'and immediate threat to the health or welfare of the community, In addition, a minimum of Mo of the GDBG program expenditures must meet the LMI benefit national objective. Direct Benefit: Those activities having a national objective of LMC, LMCMC, LMCSV, .LMH, LMHSP, LMJ, LMJFI,•or LMJP. Beneficiary data is reported by the total number of persons or households.benefifiing from an activity. DUNS Number: Data Universal Numbering System,(DUNS) number Is a requirement for any business thatreceives Federal: assistance. If a business does not have one, it should call the DUNS number request fine at 1-806-705-571116 obtain a number: Tfte.process is free and takes about ten minutes. ENERGY STAR:.ENERGY STAR is a joint program of EPA and DOE to help us all save inoney and protect the envirorimentt through energy efficient products and practices: HUD encourages incorporation of ENERGY STAR qualified products and practices witen:coitducting rehabilitation or constructoog new housing. Likewise, ENERGY STAR is a data element for energy conservation activities:-.for .IIh housing indicator• categories in• the performance irieasurement system. Extremely Low - income: Households with annual income less than 300/4 of the area me.diari income,'as'estabh hed fij. HJUDJ The number of household members it used in the determinatiori. Ethnic Categories: HUD and grantees'are required to treat ethnicity as a separate category: "Hispanic or Latino" and' t. Hispanic or Not Latino" are designated as separate ethnicity categodes • Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South orCentral American; or other Spanish'culture or origin, regardless of race. The term, "Spanish origin," can. be, used in addiffon to "Hispanic or Latino." • Not Hispanic or Not Latino: A person-not of Cuban, Mexican, Puerto Rican, South or'Centrai American, . or other Spanish culture or origin, regardless of race. Family: All persons living inthe same.household who are related by birth, marriage, or adoption: Household: All personsoccupying the same housing unit. The occupants may be a single family, one person. living alone, two or more families living together, or group of related or unrelated persons who share living arrangements: Housing Quality Standards (HQS): HQS.ard set acceptable conditions forititerior livirig.space; building exterior, heating and pidmbing systems,.and general health and safety: The purpose of HQS•is to determine whether a housing unit "is decent,.safe:a,nd sanitary. Income: (1) Annual income as defned'under Section 8; (2) Annual income as.reported under the Ce'nsus•long form; or,(3):4djusted gross. income as defined by.the iRS Form 1040. Low Mod Job Creation or Retention (LMJ). An activity designed to meet the National ObjecUve.of creating or retaining:permanent jobs, at least 70 percent of. which (computed on a full -time equivalent basis), will be made available to or held by LMl persons. Low Mod Limited Clientele (LMC): An activity carried out to meet the National Objective'of benefftto LMl person's: Activities under the LMC category must meet one of the following criteria: • Benefit clientele that is generally.presumed to be principally.LMI (abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers); or • Require documentation on family size and income in order to show that at least 70 percent of the clientele are LMH or • Have income eligibility requirements limifing the activity to LMI persons only; or • Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. Low Mod Income Area Benefit (LMA): An activity carried out to meet the National Objective of benefit to LMI persons that benefits all residents in a particular target area, where at least 51'percent of the. residents are LMI persons. Low and Moderate Income (LMI): Low and moderate income means family or household annual income less than the Section 8 Low Income Limit, generally 80 percent of the area median income, as established by HUD. Low - income Household /Family: A household /family having an income equal to or less than the Section 8 Very Low Income limit (50% of the area median income) as established by HUD. Low income: Households.with annual income less than 50% of the area median income, as established by HUD. Low Mod Housing (LMH): An activity carried out to meet the National Objective of benefit to LMI persons/households, e.g., acquisition, construction, or improvement of permanent, residential structures which, upon completion, will be occupied by LMI households. Matrix Codes: The matrix code indicates how the activity is eligible under CDBG regulations, it generally Identifies the purpose. for which assistance was provided, and determines the type of accomplishment units that should be.reported. Microenterprise: A business that has five or fewer employees, one or more- of whom owns the enterprise, Moderate- income Household /Family: A household /family having an income equal to or less than the Section 8 Low income fimit.(801/6 of area median income) established by HUD, but greater than the Section 8 Very Low Income limit (50% of area median income) established by HUD. Instructions, Definitions & Acronyms (created 6/30/081 revised 12122/09 RI Page 4 of 5 QUARTERLY EXPENDITURE AND PkOGRES$ REPORT INSTRUCTIONS, DEFINITIONS &,ACRQNYMS- Objectives: The objectives capture'the range of community impacts that are expected. to occur as a result of program'activities. There are three possible objectives for each activity: 1) Creating Suitable Living Enviironments,.2).Providing Decent Housing; and 3) Creating. Economic Opportunities. Outcomes: The program outcome•helps further refine the activity's objective and captures 1he nature, of the fype of change sought or the expected result of the activity. There are three possible outcomes: 1) Availability /Accessibility, 2) Affordability, and 3) Sustainability. Period of Affordability:. The number of years a homeowner or homebuyer must reside in and retain ownership of an assisted housing unit before the unit may be sold without penalty to the homeowner. Program. Income: Any gross income received by the sub recipient that was directly generated from the use of CDBG- funds (24 CFA 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. 4.'American Indian orAlaska Native. A person having origins in any of the original peoples of North'and South America (including Centrai'America), and who maintains tribal affiliation or community attachment. 2. Asian. A person having origins in any of the original peoples of the t=ar East, Southeast Asia, or tiie Indian subcontinent including, for example, Cambodia, China, Ind a; 4apa6. -Wea, Malaysia, Pakistan, the Philippine. islands, Thailand', and Vietnam. 3. Black or African American. A person having'odgins in any of the black raciat'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 tile. original peoples of Hawaii, Guam, Samoa, or other Pacific Islands. 5, White. A person having or19iris in: any of the original peoples of Europe, the Middle East, -or NorihAfrica. 6. American Indian or Alaska Native.& White. A person having these multiple race.heritages as defined'aboye. 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:Africaw 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:o €the other nine categorie's'Itsted-above,.and that have a total count that exceeds-one percen(of (be population'served;..: Section 504: Section 504 of. the Rehabilitation Act of 1973 prohibits discrimination.in f=ederally assisted progtains:an tiie basis of handicap. It imposes requirements to ensure that °qualified.iddividuals.viitii handicaps ".,have access to programs and : :acfivities-that•rgceive:Pederal funds. :Minimum requirements include, but are not limited to'..1) Removal of Physical Barriers; 2)• Provide Program Aocessibility, 3) Make Emplaymenf Accessible, and 4) Administrative Requirements. Subs recipient :'An entity that.assists the recipient to implement and-administer its pr6gram: Sub recipients are•gerierally nonprofit organizations that assist the tedplent 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.insirument and methodology. must be approved:by. HU[Yfor the purpose. of.establishing the percentage. of LMI persons in a.service area. A survey must meet standards of statistical reliability that are comparable to that of the Decennial Census data for areas `of similar size, Additional guidance is available in CPD''Notice 05 -06. instructions, Definitions & Acronyms (created 61301081 revised 12MO9 R1 Page 5 of 5 Attachment I~7 DEPARTMENT-OP HOU'SING'AND COMMUNITY DEVELOPMENT (DHCD) INFORMATION FOR-ENVIRONMENTAL REVIEW FORM INSTRUCTIONS:. Per 24 GM-Part 68, the purpose of`ihe environmental. review procedures is to fostdr the implementation of environmentally compatible activities. As a grant or loan recfpi ht, Miami- w'do:'Cotintjr will not, fund Projects that will negatively impact clients, communities, or the environment. Part 1, AGENCY AND PROJECT DETAIL 1: Indicate f=unding Source: Q' CDBG ❑ HOME ❑ HOPE VI EJ HOMELEsS.(SROISHP) ❑ EDI ❑ NSP CDI3��R•. 2. Indic6te:F1scal-Ye6r1 "24 3. 'Name of StifirecipienUAgency: 4. Name of Proposed Activity; 5: Eacafiori Adds ess With City . ST and Zi of fivilyorProject Ex. Sitel✓ofio i�fumbe s 7. Comm1ss1on.D1sfr1'ct(s):- 8_ bire'd Contact informAnn of loa'Narant rer:itfient: Name: Address: City: State: Zip: Phone, Fax: Form RWLsed 1415rM 9. Detailed description of activity or project: i 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, RehaWC6nstt6ctiw- Underway, RehablConstruction Completed, etc. Parf ll, f?0 liwC IT OUTCOME Will the activity or proiecfYesult in the followina? YES . NO 1. Change iri ase 2. SuMurface-alteratiori (i.e. excavations) -3. New.construction 4. Renovation or demolition 5. Site improvements (utilities; sidewalk, landscaping, storm drainage, parkiipgareas,drives, etc. .6. Building improvements (windows, doors, etc.) . 7. Usp)acement of persons, households or business 8. Increase in population working or living on site 9. Land acquisition 10. Actj* in 100 year floodplain 11. A new nonresidential use generating at least 1,375,000 galfons of water or 687,500 gallons of sewage.-per day. 12: Use requiring operating permit•(Le. for hazardous waste, retreatment of.sewa 0 e,. etc. 13. A sanitary landfill or hazardous waste disposal site 14. Tree removal or relocation 15. Street improvements 1.6. The impbgnding of more than 10 acre feet of water (e.g. digging a lake or diverting or deepening of a body of water). Part III: SITE SPECIFIC INFORMATION 2 4. t_and Use: Describe the existing and proposed land use: * bxisting? • Proposed? 2<. Site Ptan: Does the, proposed activity include a new structure(s) or site improvements on a site of one (1) ocreormore' ❑ YES ❑ NO If Lei, a site. Oah must be prbvided. Pro'ect s will not be environmentally reviewed without a r . Photographs: Does the activity include new construction, renovation or rehabilitatibn? ❑ YES [] NO If yes, photographs must be provided of each side (front, rear and sides). of the structure(s) proposed- for assistance and the buildings on the adjacent lots. The pholographs shalt be idenfified' 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)? E ❑ YES Q 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: Q. 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) Ej 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 consiructiion, . major renovations. 'of -75% or more of the structures' market value; or a securing of a loan for nonresidential parcel? - F1 YES ❑ NO If .yes, a copy of Phase I Environmental. Audit certified to Miami-bade. 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 i inforrnatiori• on hazardous waste sites, hazardous .facilities, solid -wastehandisll facilities and underground: storage tanks (available through the .Department of Environmental Regulations and Management (DERM), Florida Department of Environmental .Prafection.�FbEP) and U.S. Environmental _Protection Agency {EPA } }; and site inspection far physical evidence of contamination such as damaged vegetation or stains in the soil. Has. a Phase. [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 tevels'of lead in the body? [] YES ❑ NO if yes, please submit the results. 7. Other Site Information: 4 Part W. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County. and/or-City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget,-90 a site plan: . 3, For housing! building; rehabilitation projects only: S.ubmit,a.scope of service, an itemized budget describing the major components. of the rehabilitation .program planned, and a photograph of the property- 4-1' For historic proprieties, include: Submit photographs of the property, and a,description of any adjacent historic properties that may be affected by your activity. Pat't-V. CER'i IFICA:'lON I certify to the accuracy of.the information provided. d understand that ail :furided activities must have an approved environmental review clearance prior to the comrrrencemenf .of projects: t clearly understand that any omitted and /or incorrect information will delay, the initiation of tfte environmental review process by the DHCD staff. As such, 1. am aware that omitted information could delay the -commencement of my organization's. project. 'i understand all appioVed environmental. reviews ate valid for one (1) year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless, otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Department of Housing and Community Development 704 NW 9sr Court -14th Floor Miami, Florida 33936 5 YES NO 1. Flood insurance required? 2.. Public Water available on site? 3. , Public sewer available on site? 4- Children under 7 years of age residing on skot relocatingg to site'(ineludinq day care facility)? S. ftardous waste disposal osal facility? 6. Storaq# of hazardous materials on site? 7. Abandoned structiure s on.site? Part W. SUPPLEMENTAL REQUIRED DOCUMENTS Required Submittal Documents: 1. For all projects: Submit street/plat maps that depict location of property in the County. and/or-City with the location or lot clearly pointed out. 2. For new construction projects: Submit a scope of service, an itemized budget,-90 a site plan: . 3, For housing! building; rehabilitation projects only: S.ubmit,a.scope of service, an itemized budget describing the major components. of the rehabilitation .program planned, and a photograph of the property- 4-1' For historic proprieties, include: Submit photographs of the property, and a,description of any adjacent historic properties that may be affected by your activity. Pat't-V. CER'i IFICA:'lON I certify to the accuracy of.the information provided. d understand that ail :furided activities must have an approved environmental review clearance prior to the comrrrencemenf .of projects: t clearly understand that any omitted and /or incorrect information will delay, the initiation of tfte environmental review process by the DHCD staff. As such, 1. am aware that omitted information could delay the -commencement of my organization's. project. 'i understand all appioVed environmental. reviews ate valid for one (1) year maximum. Print Name Signature Title Name of Organization or Corporation Date Unless, otherwise indicated, return completed form and attachments to: Community and Economic Development Division Director Department of Housing and Community Development 704 NW 9sr Court -14th Floor Miami, Florida 33936 5 TYPES .OF ACTIVITIES AND ENVIRONMENTAL GUIDELINES TRIGGERED: Type of Activity EXEMPTS` CENST'* CESi"** EAR''`* Economic Development Notice/No RoticAo R'ROF(No:Statutory 1=ONSt:and New Construction RROF RROF* Requirement Triggered X Rehab. Xt V Nan - Construction /Expansion . X Publish NOURROt' Housing (Statutpiy Requirement Single Family Rehab . X Multi - Family Rehab X' X? New Construction X Homeownership Assistance X Affordable Housing Pre -©ev. X Capital improvernent Handicapped'Access X Public Facilities X! X2 iniraStructure. Xt Public Services Employrnent. X Crime Prevention X Child Care X Youth or Senior Services X S 4orlive Services 1. X Type of Publication No Public No Public' Nd Public Notice /Nb "Pubii §ti Notice/No RoticAo R'ROF(No:Statutory 1=ONSt:and RROF RROF* Requirement Triggered NOI/RROF Or Publish NOURROt' (Statutpiy Requirement Triggered }. Estimated Time p'rarne (lrxctuding 30-45 Days 30-45 Days 45 -90 Bays gd mays .Triggered Statutes} Minimum X' If for continued use and change in density,(or size) of less than 20°!0 X2 Change in density (or size) of more than 20% Exempt Exempt Activities *� CENST Categorically Excluded and Not Subject to 58.5 * k CEST Categorically Excluded Subject to 58.5 EA Environmental Assesftenf (Format ll) NO - MIAMI-DADE COUNTY AFFIDAVITS The'contracting individual or entity Government or otherwise) shall indicate by an W all affidavits that pertain to trus c©ntract-and shall indicate by an WA" au affidavits that do not pertain to this.cbniract. Aii biank spaces must be filled. The MIAMI -DADS COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI -DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI -DADS CRIMINAL' RECORD AFFIDAVIT; DiSAbILITY NON- DISCRIMI14ATION AFFIDAVIT, and *the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies' thereof, the' State or any political subdivision or agency thereof; it shall however, pertain to municipalities of the .State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whethbr or not it pertains to this contract. 1 1 (} r k i, A '-6, . I`�,�r G.� t tf Y • (7• , being first dully sworn state: AfflantM The full legal name and business address'of the person(s) or entity contraction or transacting business with Miami -Dade County are (Post Office addresses are, not acceptable): Federal f Number (if none, Social .." D v Name oVEntio, Individual(s), Partners, or Corporation Eiotng.Business As:(If-sam6 as-above, leave biafik) Street Address City State Zip Code NIA I. MIAMI -DADS COUNTY-OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2 -8.1 of the CountyCode) I. If. the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or'indirectly five percent (5 %) or more of the corporation's stock: If the contract or- business transaction .is with . a partnership, the foregoing information shall be provided for each partner. It the contract or business transaction. is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The forgoing requirements shall not pertain to contracts with"publicly - traded corporations or to .contracts with the United States or any departinent or names and addresses are (Post Offices addresses are not acceptable). Full Legal Name Address Ownership page 9 of 6 2- The full legal names and business address of any other individual (other than subcontractors, material men, supplies, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County.are (Post Office addresses are not accentable): 3. Any person who willfully falls to disclose the information required herein, or who knowingly discloses false information -in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. NIA It. MIAMI -DADE- COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance N6.9'0;!33. amendng Sec. 2.8 -1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof.which involves the expenditure of ten thousand. dollar. ($10,00n) or more shall require the exit €ty .contracting or transacting business to disclose. the - fo €lowing. information. The• foregoing disclosure requirements do not apply to contracts: with the United States' or any department ar agency thereof; the State or any pot €tical subdivision or.agency or any municipai€ty•ofthis.State.- 1. Does your firm nave a collective bargaining, agreement with its `employees? ' Yes No 2.. 'Does your firm provide paid .health •&are 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. White: Males Females Asian: Males )=erri'ales Black: Mates Females American Indian: Males Females Hispanics: Males Ferrates Aleut (Eskimo):' Males Females. Males Females Males Females !!!:.AFFIRMATIVE ACTIONINON- DiSCRIMiNAT €ON. OF EMPLOYMENT, • PROMOTION AND •PROCUREMENT PRACTICES (County Ordinances 98 -30 codified at 2 -8.4.5 of-the County .Code) In accordance with County Ordinance No. 98 -30, entities with annual gross reven(ies:'in excess of $5,000;000 seeking to contract with the'County shall, as condition receiving a County contract, have 1)'a' Written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in: its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that_it does not discriminate against. minority and women - owned businesses in its own procurement of goods, supplies and services. Such affimtatives. action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity, does not ,discriminate in . its employment, prarribtion and. procurement .practices. The foregoing notwithstanding, corporate entities Whose boards of directors are representatives of the population make- up of the nation shall be presumed to have non - discriminatory employment'and'procur6ment policies, and shall not be required to have written affirmative action plans and procurement policies in- order to receive a County contract. The foregoing presumption may be rebutted. The requirements of County Ordinance No. 98 -30 ri ay be waived upon.-the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of. County Commissioners by majority vote of the members present. Page 2 of.5 The.firm does not have annual,gross revenues in excess of $6,000,000.. The firm does. have. annual revenues in excess of $5;000,000; however, its Board of directors i� repreeentaCtve of the 1—_1, rnaka.:u, of the !iatiori at e1.hac c�hrY}iftf?rl a utrific+n �1aiailarl 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 Avenue, 28'h Floor, Miami, Florida 33'128. - The firm. has annual gross revenues in excess of $5;000,000 and the term. does have.a: written affirrriative action plan and procurement policy-as described above, which iiricl.6des peripdic review to determine effectiveness, -and. has submitted the plan and policy to the County's Department of Business Development, 175 NVV .1stAvenue, 28th f=loor, Miami, Florida 33128, The firm does not have an affirmative action plan and/or a procurement policy as described above, htct'has been granted a. waiver. MIA' iA'Mi -DADI COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2 -8.6 of the County.Code) The.individ9l or entity entering. into a cbntract•or receiving funding. from the County has._ ✓_ has not -of the date of this affidavit been convicted- of .a felony daring. the past ten (10) years. V MIAMI - DARE.. EMPLOYMI =N-r bROG- 1~11E(5 W6RKPGACE AFFIDAVIT"(Coc 4r Ordli arise no. 92:15 codified- as. Soction 2 -8.1,2 of the County Code). That in compliance with Ordinance No. 0A 5 of the Cgde:of Miami- 0ade.Couhty,. Florida,.the above named person .or entity is .providing a' drug -free workplace: A written statement to each employee shall, inform the employee about: i; L7 h&r cif drug albbse,i tlh6. workplace 2. - The.flrrn's policy of:m. aintaining a drug -free environmerit at all workplaces, 3, AVaitabilify of drug.counselIng, ref abiiifation and employee assistance programs 4. Perlaliies that may be imposed up' on employees for drug abuse W lations The person or entity. shall- also require. an: employee to. sign a stpb rnpnt.,. -as a condition of . employment that the employee wiikabld6 bythe.terms.and notifythe employerof any criminal drug convtction occurring na later thari.five' (5): days'.after receivirig;rtotice of sudh.-coftvlcfi6n and- impose .appropriate .personnet. action against :the erriployee. up.. to and: including termination. Compliance with- Ordinance. No. 92 -1.5 may be waived if the special cha1`86teristics.6f the product or servic6 offer0d" by the person or entity make it necessary for the operation of the County or for the heaith.,safety, welfare, economic. benefits and well -being of -the pub ic. Contracts lhvoiving' funding which is provided in whole. or in part by,the. United States, of the State of Florida shall be exempted from the provisions of this Ordinance in. those iristances where those provisions are in conflict with the requirements of those government entities. VI. MIAMI -DADS EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinances 'No. 142.91- codified as Section 11.A -29 et. Seq ofthe County Code) That in compliance with ordinance No. 142 -91 of the Code of Miami -Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day. during each of twenty (20) or more calendar workweeks, shall provide the following information in compliance with all items in the aforementioned ordinance: Page 3 or 5 An employee who has worked-for the above firm., at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty -four (24) month periodJor medical" reasons, for the birth br.adoptio-n of a child, or for the, care of a child,, spouse or other close relative who h..s se ^ »%.!Q hwaitit n�Ji ldtttgrr WtfhAf iF r Sk of 4 rminaii'nn nf. A..M river sataliatign r -a The foregoing requirements shall not pertain to , contracts iMth the • United- States or any department or agency thereof, or- the State of FEarida or any political, subdivis"iort or agency thereof: it shall, However, pertain to. municipalities of this State. VH: - D(SA8ILITY NON- D {SCRENtER{ATl(?N AFFIDAVIT (County Resolution Ft335- 9a�, ". That the above names firm; corporation or organization is in compliance -m' .ith the- agrees to, continue to compljt with and assure that any subcontractor, or third party contractor under this project' complies with all .applicable requirements of the laws .listed: below :including, "but not limited. tn, these .provisions b..ertaining_ to. ernploym-ent rirovisions" of programs and services" transportation, communications, access to. facilities, renovations; and crew construction in the following laws: The Americans with Disabilities Act of 1990 (At7A), .F.ub. L..'f.01 -336, 104 .Scat 327.42 U.S.C. 121 01:1 2213 and 47 U.S.C., Section 16121 The,. Fair Housing Act as amended, 42 U.S.C. Section 3.6013631. Tho. foregoing requirements shall not•pertain to contracts with the United: States. or. any department or agency .thereof, the "State �or any political" subdivision or agency. #iiete.of Of. an. f lyftid Mity °of. thh; State �J�} . Vill MIAMI4DAUE�% COUNTY . REGARDI'NO b8LIOUENT AND CUftR1rNTLl' . 4UE I EES OR AU . " TAXES •(Bali. 20$.'I : "(c) of the County Code). Except for :small- purchase- orders and. sole_ source contracts.. that" above. named firm, corporation;, organization or tndividaal desiring4d.trarisact business'dr enter a cantract-with the County Verifies tfizit all dell nquent and currently due fees or takes - .M616ding "but. r dt limiteo to real_and pCopertjr" #alias, 'ut li tIaXes ..and".grcupationat:licenses -� which.. dre collecfed 'in:the narrnai course by�the "Dade County. Tax Col(eCtor as" v�ielE as'Dade-County: issued garkirig- tickets for vehicles registered in the name of the firrri, corporation,, :organization or Indivlduai have been paid: Z V iX. CURRENT OR -ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS The individual entity .Seeking to -transact business "with the 'C<iuiity is current . in all its oblig6tions to th&'County and Is not other e, -in defauif or any_ contract,: prpiiilssory note or " other•loan-docUments with the -County pr any of its" agencles or instrumentallties. X. PROJECT FRESH START (Resolution R•- 702 -98 and 35$ -99) Any firm 'that. has a contract' with the County that results in actual payment of $500,000 or more small eorittibute to Project. Fresh Start, the County's in 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 Farmiies with dependent Children) as a result of the Personal Responsibility and Work • Opportunity Recoriciliation Act of 1996,• the firm mayrequestwaiver from1he requitement 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 organlzations 'or recipients of grant awards. Page 4 of 5 xj rulfYlhACCTir ui0- LE CE i.EAUir (Reese[L!ffon 7$5 f1Q:. gg 5 Cod!ged at ? IA-6 Et. Seq, of the- Miami-Dade County Code). The firm• desiring° to do. bUsin ss. VAth the, County is• in compliance- with b mestic Leave Ordinance, Ordinance 99 -5,• cocliified at I IA-60 -et. - Seq. of the !Miami- Dad@ County Code. which requires art• ethpioyer which has In the regular course of business •fifty. (6,0y.. or more erriptoyees working iri MWMI-Dade.County for'.each working, day duririo eadf of twerity ;(20) or more,•caiendar wor% weeks. in the cairrent or. proceeding catendhr years,. to ' rol ide Mmestic - N iolerice- Leave to ifs employe' I have carefully read: this entire .five (5) page •document eptitted. Miarxr4 -Daide .County. Affidavits and have :r�r_iirsfa�i: Fry a,i "X" Il af€idavits that pe'rt'airi to his.contracf and have ih.dicated by an "N /A" alt affidavtts that do' riot - pertain. to this. contract. 13y: ��C�YY�32F� D�0 (Sigoa ' re of Affiant) (Date) -SUBSCRIBED ANb Sw,6RN•TQ (& 40 mo-) kefor mq this day-of --�- -,w 20. by `� cif . ! r i Hel it is pemohWtj -jmown to me or bas • presented as iden#iticaCiort. (Type.af tdentlfilcatiaDn) (Si na of Notary.) (Seriat'NtlmPei') �a.... NI rEN -AA. PAYNE x• r MYCOMM(SSlON#DD714025 zt EXPIRES: Ocfobr5,2oit • %�$F,'�ib�� 8atdedThruNotaryPu�rat /ndar+amers • (Flint of Starrip_zif.N4.try): (iratiorr:dafe) Notary. Public — State of��Yi "(State) Page 5 of 5 SWORN STATEMENT PURSUANT TO SECTION. 287.133 (3) (a) . FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN. THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL .AUTHORIZED TO ADMINISTER OATHS 'f. This form statement is subrriltted to L�_ �-li(> YYII �0�� l v�r'►�. by + e Ri (Print individual's me and fitte for name of entity submitting sworn staternea t). whose business address -is. (01.50 3 Lr1S9 06y—p- 7, 90 v1 l�'� c r+, � � f-7L• ;F, ! y '1� and if applicable its Federal Employer Identification Number (FEIN) is ,foWlf 3j If the. entlty has not FI~IN: lrictucia the Socia! Securitp :i�tcfri�cber'cif tlie.individuai.signing this sworn statetherit: 2. 1 understand that a "public ;entity crime" as defined in paragraph: 28Z.'133(j)(g), Florida Statutes, means a, viol t' ai aizystate. or..federa!" law .by a person with, respect to an directij related 'to the #ransactiorrs of busirjes with, any. public eritit}t. or' with .an_ agency. or political .subdWjsiart of any 6th6e state -or with'. the Uni #ed States; .inci "' ing; fiat not Aimiied to ahy: bid' or contract :for goods or serviceslo 66 provided t6 :. 0" 4 . en#iiy-or-agency.or, political subdivision'of:any other state or of"the United States acid invotuing ar titiusi; fraud, theft,:bribery, Wfusion;. racketeering, conspiracy, or matferiai finis nierj etaiioti. 3. !understand tEiat "corivieteri°', or "Go' arivictian" as.defined iri; Paragraph 2$7. {33(1:)(b ),. Florida Statu #es, means a finding :fill: guilt. or a conviction .of a" public entlty crime; with: or. without an adjudication of guiilE;._in an. #edsrai ar state: triai couri of recaPd relating to charges, brought by . � indictment or infdrma'tion after`July I :.1089;: as, a result of a. jury verdlct; noniury #vial, or entry of a: plea ofguilty or halo contendero; . 4. 1 understand. that. an °Affifiatd" as,:c{etiried'in'.paaagraph 287.'133('i)(a), Florida Statutes rnsaiis: 1.. A predecessor of successor of a::per oo-convic#ed of a public entity crime,. or 2. An entity under the :control of any natural person who is active in the management of the entity apd who has bee'n convicted of a public entity crime. The terra "affiliate" includes those officers •, directors, executives, partners, shareholders; employees, members, and agents. who are. active in. fidek management of arf affiliate. The 'owners* by one person of"shares constituting a carttroliing-interest In another person, or ,a pooling of equipinent or income, among• persons :I when - not for fair market..value under an arm's length agreement, shall -be a prima:-.f6` else that one controls another- person. A person who knowingly enters into- a joint venture with a person who has been convicted: of a public entity crime in' Florida during the preceding 36 months shall be considered an affiliate. . '5. 1 understand that a "person" as..dofined in Paragraph 287::133(1)(e), Florida Statutes, means any natural .person or eritity organized under the laws of any state *or of the United'States within the legal power to enter into a binding contract and which bids or applies to bid on contracts for the pgro�,ft;,;D^ -f g^^A- a- erft4�, The' term clude�� thos-� I �# cod- r—m— M cffix�=_, execuVives, pa!tnert shareholders, employees, rhembers, and agents who are active in manageffiont:of an entity 6. Pasbd on inforrhationand bellefl. the statement which 1. have marked below is true in relation to the entity submitting this sworn statement- (Please indioat6 which statement applies,) __Neither the. entity sworn statement, nor any of its y sub 'Itfing: sWo officers, qireo6r, executives, partners,, who are active in the management of the ag entity., nor-any affiliate. of the entity has been charged with and convicted of a -public entity crime, subse.querit. to July 1, 1089. 'T"a antlity subm.111frig this sworn stetempnt. or nn- nr more of i q. offlem, 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 0 public'enfity crime subsequent to July 1. 1989, AND. (please indicate which additional statement applies. T '�Wotn statement, or one or more of ce'rs-, hd entity tubi-nifting -this, its. direbtois, qxee4fivesi, partn . Or% h6 6,h t� nor mpoyeej, jnembersj. or agents: who: are * active in. the aftagement:ofl tf� -theejitity h; .-been 6harg#d:.witti=.4nd,:c6nvicted'of"a rn an Mate of-the -ehti before. ' a-'Heanfiq . 0 fflicbr I of the . S . f of . t a. State of pt�Ojq* iiy crime su6se46'h.t.'pr6o*ddihg F116ddai DIVWbri. of'Adhiieifstrattire H6arl4q, rind Hearing er .s d the Final Order. ehter�d, by the earing, pffic -do"t6rmiried !nt&d6tt'o,*plqcb the - entity adbmittirig-thls� syvoen statement ': of. Me final order),. "On -the 610hVictdd . ve br; qpt j JADERSTAND T'14A-T'*"THE,'<,;UBMIS.-,SION, 'OF. THIS FORM TO. THE CONTRACTING OFFICER Ft-A"THE 'PARAGRAPH I (ONE) ABOVE IS FOR THAT PUN E t ONLY AW:THAT THS_.6A ID N ITTY "�F' *.M (3 1A TI-ftUdk: Qi.EC*EMBtF.�,..3'1 OR 'THF= 'tb.; !ALSO` UNKR S-TAND T AT .1* CALENDAR YEARAN WHICHAT* *,-PIl. 14 AM REQUIRED TO INFORM THAT Pukid E'- N-,T,ITY,PRIOR TO ENTERING INTdA QOWRACTIN*.,EXdtg��.617THE THRI�SHOLIJ AMOUNT. ' '0-kOVID.tU IN.'SECTION 287.'017 FLORIDA 'STATUTES 'FOR. A 'CATEGORY T.W.600'ANY 6HANGF- iff THE INFORMATION CdNTAINE' 'DIN THI,5'FORK (Signeftute) Sworti to and isqbscribed b0forejrie this• day 9f, _tr_CRfn1:XK 20 Personally known Or produced identification Notary Public-State Of t i My commission expires. '2Z of identification) 111A (Type N�KENGA X PAYNF MY Comm ISSION # DD 714025 EXPIRE— a, Qctobe(5,2011 Wnderafilels- Son&d Thiu Wary NO, (P qd, typed or stamped commissioned n Ne of notary public) Kt- t-IUAVIT QF•FINANCIAL AND CONFLICTS OF INTEREST 1. Do you have any past:ilue financial obligations with Miami -Dade County? . YE-S Single Family House Loans Multi- Family Housing Rehab- C130 Commercial Loan Project U.S. Hub Section 108 Moan Other HUD, runded :programs Other (Pens, fines, loans, . Occupatonaklicei ses•, -etc.) If YES, please explain:. - 2- ,.Do you have any past due financial obligations with Miami -Dade County? YES NO If YES, please-explain: NO 3. Are you, a ,relative, of. or do you have any business or financial interests. 'with anpAected Miami -Dade County official, MiamWttde County Employee, or Member of keimf-Dade County's Advisory.Boards? YES NO -Z If YGS•; please explain: . Any false Information prpvided on this affidavit wili be reason for reject. on and disquorification of your project- funding request to Miami -D de.Counter. The an ers the fore i g questions are correctly stated to the bestof my knowledge and belief. w } gy: ue-CP kc t a0to ig re o Ap . (Date) SUBSCRIBED AND SWORN TO (or affirmed) before me this •_� day ofa C _ 2U- By 1.�, A-DO - j A = I He/She is personal _ N.known to me or has presented as identification. (fyp of ldentifi catio G � - (Signature of Notary) (Serial Number) `i-4 Print or Sta iratian Date) ( p Notary) ( P Notary Public — Stamp of V, Notary Seal (State) 'g�,rY w� Not4 Mate of Florida r r ShO.9 Alexander ... 4 My Commission OD826626 � ar Fti° Expires 0912912012 DEVELOPER'S AFFIDAVIT THAT MIAMI -DADL 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 JS NOT IN ARREARS TO THE COUNTY (Section 2-8.1'(h) of the Code of Miami -Dade County, as. amended by Ordinance No.00 -67) I,G+p r tt'rtkC' # p+AD. , being first duly sworn, hereby state and certify that the foregoing statements are true- and correct: 1'. That t am the Developer (if the Developer is an individual), or the Nnn'r (fill in the Title of the position held With the Developer) of the Developer. �J H ��-'TT ae 2. That the Developer has paid ail 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. Thai. -the. Developer is not in arrears in excess. of the enforcement threshold under any contract, finial: nart�appeasable jpdgmei nt, or lien with Miami -Dade County, or any of .its' agericies :or •lnstrumeritalities; 'iricWding: the Public Neaft i Trust, .either tiirectiji or• indiiectly through a' firm, cco'rpo>otiori, .partnership or joint venture in Which .the 'Developer has a controlling. financial interest'. . P= r .purposes hereof, the term "enforcement threshold "' means any arrearage under any individual contract; nor)- appeal able judgment, or ken'-with Miami - 'Dade' County that exceeds $25,000-,and has been delinquent for greater than 180 days. For purposes ' hereof; the . term' "controlling financial interest" means ownership; directly or indirectly, of ten percent or rnore'of the outstanding capital stock in any corporation, or a direct or indirect interest of percent-or more in afirm, partnership, or other business entity. By: ��k� LM kl -0 , 20_A- -__ 0 Signature Affiant Date Printed Name of Afflaht and Title' Federal Employer Identification Number (sJ 6t15ek yW e_ Sam g imyrr\% Address of Firm SCRIBED AND SWORN TO (or affirmed) before me this day of , 20_gL. lie /She is personally known to me or has presented as identification. r TVPe of Identification of Print or Stamp Name of Notary Notary Public -State of VI Microsoft Word /Affidavits 2006 1Revised 1mdm -01 -04 -2006 NKENGA A. PAYNE MY COMMISSION 0 DD 714025 EXPIRES: 0MIJer 5, 2011 9onded 7hru Notary Publio Unde Notary Seal 9 Serial Number Date FORM A-12 CODE OF BUSINESS ETHICS In accordance with Seetion2- 8.1(i) of the Miami -Dade County Code, each person or, 'entity that seeks. to do business •with the County-shall. adopt a Code of Business Ethics ( "Code ") and shall,. prior to execution `of any contract' between -the contractor .and the .County, submit art affidavit stating that the contractor has adopted a Code that complies with the requirements of Section 2-•8.1 (1) of the Miami -Dade County Code. Any person or entity that fails. to submit: the required affidavit shall' be ineligible for contract award. The Code of Business Ethics shall apply to all business that the contractor does with. the County and shall, at a minimum, require that the contractor: Comply with a!l applicable governmental rules and reaulatiOns including, among. others, the Miarrai -Dade Gounty'ConfEict of Interest and Code of Ethics Ordinance and the False Claims Ordinance. « Comply with all applicable rules and .regulations regarding Disadvantaged Business - Enterprises, Black Business Enterprises, Hispanic . Business Enterprises.'and Women: Business Enterprises (hereinafter.. collectively Minority Business,. Enterprises, "MBEs "). and Community Small ' Business Enterprises (CSBEs);and.sliali'speci#scally prohibit the fallowing prr40ces_ . . o >�ass:fiirou h : Re. tairements. The Cade shah - prohibit pass- throughs Whereby 'the prime fire requires that the MBE or CSBE firm accept payments.. as a ME3E or CSBE and pass through those payments or a porti6n-.6f those payments to another entity including; but'riot limited'. to the owner /aperator'of the prime firm; o • Rental ;S pade E - ui pment or Flat. Overhead Fee Re uirements. The Code shalt prohibit .rental ;spice requirements, equipment. requirements; and /or fiat. overhead fee:rotluirements, whereby the prime firrri•requires the MBE or.CSBE firm: to rent space or equipti-tent from'tlie..prime farm �or charges a flat overhead fee foi the -use of space, equipment, secretary, etc; o Staffing •ReyuireMdgjs. The Gode shall prohibit the.- prime firm from mandating, as.a;cordition to inclusion in the .project, that.a MBE or CSBE hire; .fine, or.pro. ote. certain individuals not employed by the prime ftm,.or utilize stafremployed or previously employed by the prime'ftrm. 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 -necessary. and then utilizing the MBE or CSBE. staff for other work to be performed by the prme firm. o Fraudulently creating, operating or representing MBE or CSBE. The Code shall prohibit a prime firm including,' lout, not limited to, the owners16peratdrs ' •thereof < from fraudulently creating, operating or representirtg. an. eptity. as a MBE or CSBE for purposes of qualifying for certifidat16n as a MBE of CSBE. • The Code' shall also require that on any contract where MBE or CSBE participation is purported, the contract shall specify essential terms. including, but riot lirriited 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 vkiliffi its Code of tusi6e'ss Ethics shall' render apy contract- between the contractor and the County voidable, and. suNect, violators to debarment from future County work pursuant to Sectl6n 10-38(h)(2) of !he Cod& -The Inspector General shall be authorized to Investigate any alleged. Violation by a contractor of its'Code of Business Ethics. By: SL"kf M 3%nature of Affiant Date Atchr L� k1r&J4Af' . P � I V - no. tr .5-67— (00vo V-1 Printed Name and Tiffdof-Affl .ant 4 4�b Ro, der,61 Enliployer Identification Number tinted Name of Firm W50 Dl�ve' S0VA-L.A41'0-M;' F-L. �'(q-3 ..Address of Firm -t UBSCRIS81) AND SWORN TO (of affirmed ) before me. this. i9a- y- of k_,20 0 -'HolShe is.petsonally known to me or h4s presented as identification- Type of Iddritification ' ' Serial.Number '4 NKENGA A. PAY2 Q , My COMMISSION # 00 714025 Q. EXPIRES: October 5, 2011 130nded Tbru Nolaly public (jn*tWfer$ Print or Stamped Nance of Notary ExpleaGon Date Notary Public, State of COLLUSION AMMOT (Code of bliand-Dade County, •Sect6n.2 -8.1.1 and 1"3.1) (Ordinance No, 08,17 ,11 BEFORE M5, A NOTARY PUBLIC, personally appeared fl eCh r' �jfQ� who being . duly sworn states. (insert name of Want) I am over 1.8 years of age, have personal knowledge of the. facts stated in. this affidavit and I am an owner, officer, director, principal shareholder.andfor f arri otheWse authorized to- bfnd•the bidder of this contract, i siaie Utai Rie bidder or iris. ccmftact: is not related to any of the other parties bidding in the compeGiive `soticiiatioa,:nnd that the cci »tractor's proposal Fs genuine and not sham or collusive 'or made in .the friterest or on behalf cif any person not therein named,. acid tltat'Ehe contractor itas n�iY, directly or indfreclfy, induced or soticito d any other proposer to put. in a sharp proposal,- or:any other person, firth.' or.co'rporatioa to refrain from proposing,. and that the proposer has riot in.any manner sought• by coiliasiorr'.to sec{rre to the proposer ail advantage over arz r att►er prcrpo r OR . l is related to 'the "following paifies who bld iri the sotteitatioti wtiicfi ;are :ifl'enfffied: and dieted below Nate:• Any person or entity that fails .to :submit' this-. ekocuted afftd�vit shall Ile irzoiigibte far ' contract- .award. •ln.: the event a .recotnrrterideci• contractor. id'en'tifies.. related' parties iii.'. the comlie titiire soliditaiiori_ its 00, shall be presumed to fie cou6ive and lie recorrsrnended.contractar shall tie ineligible €ar:a�iarti u►ifess�tiia presufttios�:is. rebaitecl by presentation of evidenoe as to ' t�::exieiit bfowri�rsliipf cptitrbl•and matiagenient of such t'elated parties-inrthe•�reparatiori and. ;s, ut ;niittai _ of such lsicls or.. proposals:' Relstid parties . shalF- riieari Bidders or piopdsers or' tfie prrnapais, corporate cii€iceis: arid: mahagers thereof pvhich :Ah v� '.a diPect &-indireoi ownership interest in.a,nat e, r, budderor. projinsei •forthe'.sameagreement' rin.whfcha,parent.company. •or the prih pat. ifiereoYo €.one• (f� bidder;or proposer have a clired or bnd rect:bwriirrship interest in aiiotlier h%dder ar proposer for the same agreement Bids or.prnpbsats €ounii to fie cottusiVe shall be rejected. - gr �e�e�rl ber L 20 ! n ' Signature of'Affiant Date !d��C 4zi►Mtc Printant and TtUrz!— Federal Empfnyer tdet�pficatiori Number Printed name of Firm Address of Firm MD PAM&45F A2 PaWUM R4,isW UIV" 5 V E Sti6SdRll3Et7 AND SWORN TO (or affirmed) before me this day of WShe is personally known to me or has presented as' identification.- Type-of identificatlon NKENQAi'ltYiVC — Srgri re of No ta +4'' eriat Number :: MY GOMh1l5Si0N N DD 714028 EXPIREa October 5, 2o1 NMI: or Stamp Name a eonded'rhruNotarypubuc; a tvraers plratron'06t0 Notary Public -- .State of �� ✓1 Notary Seas CE RTIiIN`l<CATION REGARDING j li OR MG Cerffx:>zt "ran. for Cefttr lets G arts Loans anit t 'ee»qative A regments. The undersigned certifies, to-the best of his or her knowledge and belief; that: 1. No Federal appropriated funds have.been paid or will be paid, by or on behalf of the undersi iieci,. to.any person for influencing or attempting. to influence art officer 'or employee of an agency, a Member of 'Congress, an officer oa employee of Congress, or an employee of a Member of .Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of.any Federal loan', the entering into of any cooperative agreement, and the eitemion, continuation, renewal, amersdruc:u, or modification of any Fcczeral• conttaf, -Nnt, lour. ^r cooperative agreement. 2. If -any. of the funds, other than Federal appropriated funds. have been paid or.will'be paid to any.. person for influencing or attempting to infiueAce: an officer or employee of arty agency;, a .Member of Congress; an officer. or euaplo. ee .of Congress; or. an employee of a 1Vledaber of Congress :in.comaeetion with this Federal contract, grant,.. loam, ox..coopexativo agireemtint, the undersigned: shall' comp -e-a ici, sitbznxt.Staz lard Foziii,,I:LL, • "Disclosure Form - to deport' Lobbying.. ztt accortlarzce with ='its instructions. 3. The uadersigtted shall requite that,the.ianguage of this ceriifiaation'be included in the award documents; for all subawards at all tiers (including subcontracts; subgrants, and contracts urider grants, Ipwis,.and..cooperati* agreement in. excess of`$100 00) and that all subrecipients shall certify an d. disclose accordingly. 4. This .we ificati6n is a Material representation of fact upon which reliance was placed when this,transactioia was made or entered _into. Submission,of dais certification is a prerequisite for making or entering, into. this ftansabtion :ixxipgsed by section 1352, , title 31, U.S: Code. Any persoxx -who fails to file .the required aertificatiozz. shall lie subject to a civil: penalty. of not less than $10,00 and not. of re than $1:00,000 for -each such. failure. By: (('' l (SigapafAnreofAut2torixcd Iteprrseataiive} i Print: (it o' �L�l c o. w� � C �DY }A i r c alt e_ JJJ`� (print XAme of Vjrm and Authonzed Repr6entadve) Title: C..LAJ &WI Date: LOr :ew_Ak,_C- D'1 d t i)� 90VHA MLOm I Agency Name DISCLOSURE ABOUT RELATED PARTIES ,p.fr9rakoer Irv, jw Date THERE ARE NO BOARD MEMBERS OF THE (Agency Name) WHO HAVE ANY RELATIONSHIP OR HAVE MADE ANY TRANSACTION WITH OTHER ENTITIES THAT MIGHT RESULT IN A CONFLICT WITH OW, So At, . M i o�fn l (Agency Name) OPERATIONS. By: / �1�� °ttro,S�ei2o�a 4 Vuc�rl�gei tgnature a Afliant Name and Title of Affiant c1 LIVING WAGE REQUIREMENT (Miami -Dade County Ordinance 99 -44) Effective November 11, 1999 the provisions of Miami -Dade County Ordinance 99 -44 and Section 2 -8.9 of the Code of Miami -Dade County shall apply to all service contracts involving the expenditure of over $100,000 per year for "Covered Services ". "Covered Services" are the type of services purchased, by the County that are subject to the requirements of the Living Wage Ordinance which are one of the following: (1) CountyService 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 is in violation of this Ordinance, the County has the right to sanction the Service Contractor to include but not limited to termination, fine and suspension. This Ordinance encompasses various responsibilities that must be accomplished by the successful 'proposer such as record keeping, posting and reporting. Upon the award of this contract, the successful proposer must be prepared to comply with these requirements as outlined in Ordinance 99 -44, 5/01 X of 2 FORM A- i 1 MIAMI -DADE COUNTY, FLORIDA MIAMI -DADS COUNTY LIVING WAGE AFFIDAVIT (Ordinance 99 -44 and Section 2 -8.9 of the Miami -Dade County Code) Solicitation No.: k I /A Title: I, ��C�) 4f0�, 1 � t'Y(� �- , being first duly sworn hereby state and certify that to compliance with Miami -Dade County Ordinance 99 -44 and Section 2 -8.9 of the Miami -Dade County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage required by Miami -Dade County Ordinance 99 -44 to all employees assigned to this contract. The bidder or proposer further understands that the current living wage applied to this contract is $8.56 per hour plus health benefits as described in the ordinance, or $9.81 per hour without health benefits. By: _ Signature of Affian �Dem ___ 110. a 120 10 Da• -- Name of Firm 0 i 0 iii 3 i l i Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this )1IJ day of e&eMbCj1__ 120Z by {jY n' V G,� _ P He /She is personally known to me or has presented Affiant --"- ---- ------ as identification: Tyre of Identification �gWatureofNotary >y NKENGAA.PAYNE t ? MY COMMISSION # DD 714025 EXPIRES: October 5, 2011 edThrallofaryPubtaUndenviiteis Print or Stamp Name of No Notary Public — State of .Rev. 1120100. 2of2 Serial Number Notary Seal FAIR SUBCONTRACTING POLICIES (Ordinance 97 -36) 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: (tease- See, akaUie -d dlXt t.►me t- - hereby certify that the foregoing information is true,, correct and complete. Signature of Authorized Representative- Title: Title: 1,-_ QQf evrlQe lo r a 0! a Firm Name: CZ4"A 0� cSn M � '� Fed. ID No: -.QUU `-(3 Address: (2130 City: State: L -- Zip Code: Telephone: Fax: (22 _ "_ 12 Microsoft Word /Affidavits 2006 /Revisedlmdm -07 -04 -2006 12/20/2010 City of South Miami Puirch-Asing* 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 >> www.southmiamifl.gov/index.php?src=... 1/1 12/20/2010 City of South Miami Purchasing (Policy the amount authorized by the City Commission, a new resolution will be drafted to request new authorization. ACQUISITION OF ITEMS OR SERVICES EXCEEDING $5,000.00 The procedures for acquisition of items or services over five thousand dollars ($5,000.00) shall be in accordance with the City Charter. Departments shall submit order form to the Central Services Office indicating items or services to be purchased, quantity, date needed, and Department Head's signature. Any of the following three formal competitive bidding procedures shall be utilized when acquiring any item that falls in this category. 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. southmiamifi ,gov /index.php ?src =... 1/1 ATTACHMENT H SUBCONTRACTORISUPPLIBR LISTING (Ordinance,97 -104) Pirm Name of Prime Contractor /Developer This farm,.or a carnparable listing meeting the requirements •of Ordiriance No. 97 -104, Ml1ST be compreted 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 construetion.contracts which involve expenditures of $100,000 or more. This. form, or a comparable listing meeting• the•req iirements of Ordinance No. 97 -194; must_ be cdmpleted and submitted even hough the d6veloper will not utilize subcontractors or `sup pliers on the. contract. The developer should enter the:word• "NONE- under the appropriate heading on• tills tor' 't in those instances. where no.subcontractgrs or suppliers will. be used on the contract. • The developer who is .awarded the contras shall not.change or.substilute' first tier subcrintractors or direct suppliers :or the portions of the contract work to be perfotmel or materials to be supplied from those identified,• ezcept.uporz written approval of the County. ip • er U-01 �... t. iM�I�, tRl�, rt x' °! 1 ii hktoYt`" ,.'.p1 e: Ij� Y # p rj. I certify that the representations contained in this Subcontractor /Supplier Listing are to the best of my knowledge true and accurate. c f Kro,611x_f tgnature Developers) Print Name - - -J Print Tit! Cf'rv,b2{ L(PQ pio Date Authorized Representative (Duplicate if addiiiorial space is needed) 13 Microsoft wordfAffuiavits 2006/Revised /mdm- 01-04 -2006